HomeMy WebLinkAbout04-0227IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
HERBERT M. DANNER, JR. and
MARLENEE DANNER,
Defendants.
TO: DEFENDANT(s)
YOU ARE HEREBY NOTIFIED TO PLEAD TO ~IE
ENCLOSED COMPLAINT ~ TWENTY (20) DAYS
FROM S ER'a'I F A DEFAULT JUDGMENT
MAY BE .
I HEREBY CERTIFY THAT THE ADDRESS
OFTHE PLAINTIFF IS:
P.O. Box 6010
Chamb~rsburg, PA 17201
AND THE D~FI~NDANT(S ):
61 Mount fla.l~tlae, N~n~urg, PA 17240
ATTO~
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE61MRoE¢~AREAL STATE AFFECTED BY THIS17240LIEN IS
CIVIL DIVISION
NO.:
TYPE OF PLEADING
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF:
Farmers and Merchants Trust Company of
Chambersburg
Plaintiff,
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
HERBERT M. DANNER, JR. and
MARLENEE DANNER,
Defendants.
CML DIVISION
NO.: ~/- 227
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 atSer 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 cla'maed in the complaint or for any other cla'ma or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST :
COMPANY OF CHAMBERSBURG, :
Plaintift', : NO.:
HERBERT M. DANNER, JR. and :
MARLENEE DANNER, :
:
Defendants. :
VS.
CIVIL DIVISION
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar action dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una compereneencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier smna de dinero reclarnada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Pla'mtiff,
VS.
HERBERT M. DANNER, JR. and
MARLENEE DANNER,
Defendants.
CIVIL DIVISION
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Farmers and Merchants Trust Company of Chambersburg, by its
attorneys, James, Smith, Dietterick & Counelly LLP, files this Compla'mt in Mortgage
Foreclosure as follows:
1. The Plaintiff is Farmers and Merchants Trust Company of Chambersburg, which
has its principal place of business at P.O. Box 6010, Chambersburg, Pennsylvania 17201.
2. The Defendants, Herbert M. Darmer, Jr. and Marlenee Darmer, are adult
individuals whose last known address is 61 Mountain Lane, Newburg, Pennsylvania 17240.
3. On or about August 14, 2000, Defendants executed a Note in favor of Plaintiff in
the original principal amount of $50,949.94. A true and correct copy of said Note is marked
Exhibit "A", attached hereto and made a part hereof.
4. On or about August 14, 2000, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $50,949.94 on the premises hereinafter described, with said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on September 5, 2000, in Mortgage
Book Volume 1636, Page 1063. A true and correct copy of said Mortgage containing a
description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and
made a part hereof.
5. Defendants are the record and real owners of the aforesaid mortgaged premises.
6. Defendants are in default under the terms 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 July 10, 2003, Defendants were mailed combined Notices of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices 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. Tree and correct copies of said Notices
are marked Exhibit "C", attached hereto and made a part hereof.
8. The amount due and owing Plaintiffby Defendants is as follows:
Principal $47,304.48
Interest through 1/14/04 $ 3,603.64
Late Charges $ 243.27
Attorney's Fees $ 1,250.00
Court, Sheriffand Title Costs $ 2,500.00
TOTAL $54,901.69
plus interest on the principal sum ($47,304.48) from January 14, 2004, at the rate of $12.62 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 et 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 Plaintiffwill
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
different from above.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $54,901.39, with interest thereon at the rate of $12.62 per diem from January 14, 2004 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, SMI~CONNELLY LLP
Scott A.
Attorneys for Plaintiff
PA I.D. # 55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
PROMISSORY NOTE
.' Principal · · Loan Date..: Maturlb/ . Loan. No. I Call CollateralI Account Ofticor Initials
· MLS
References in Ihe shaded ar~ are for Lend~'s use only and do nol limit fha ap ptieabili~ of this d~umenf to any padlcular loan or i~em.
Any item above containing "***" has been omilled due iD text lenglh limitations,
Lender:
COPY
Farmers and Merchants Trust Company of
Cttambersburg
Principal Amount: $50,949.94 Interest Rate: 9.740% Date of Note: August 14, 2000
01/14/2004 15:45 FAX 261 3621
PROMISSORY NOTE
(Continued) Patje 2
LE~q)ER=
FARMERS AND MERCHANTS TRUST COMPANY OE CHAM~ER~BURG
EXHIBIT "B"
RECORDATION REQUESTED BY:
Chembershurg, PA 17201-6010
WHEN RECORI~ED MAIL TO:
Farmers and Merchants Trust Company of Chambersbllrg
"erDa' M. D.~ner, Jr. COPY
MORTGAGE
THiS MORTGAGE dated August 14, 2000, Is made and executed between Herbert M. Danner, Jr.; and Marlenee
Danner, whose address ia P.O. Box 246, Newburg, PA 17240 (referred to below as "Grantor") and Farmers and
Merchants Trust Company of Chambersburg, whoae addreaa ia Shippeneburg Office, 20 South Main Street, P.
O. Box 6010, Chambersburg, PA 17'201-6010 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor granls, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages
IQ Lander all of Granfer's right, title, and interest Jn and to the following described real properly, together with all exisling or subsequently erected or
affixed buildings, improven~nls and fixtures; al/ streets, la~les~ alleys, passages, and ways; all easements, righffi o[ way~ all libedias, pftvfleges,
leeemenffi, heredllarne~ts, and appurlensnces thereunto belonging or any~vJse made appudena~t hereafter, and lhe ~eve~stens and remainders with
respect thereto; all waler, water rights, wafercotJrses and dilch rights (inffiudlng stock in utilities wilh dilch or [rdgalion rights); and all other dibble,
royalties and profiffi relating to Ihe real properly including wlthoul limitation all minerals, oil, gas, geolherrnel and similar metiers, (the "Real
Property ) located In Cumber and County, Commonwea th of Penney van a.'
See Exhibit A, which la attached to this Mortgage and made a part of this Mortgage as if fully set forth
herein.
The Real Property or Its address is commonly known as 61 Mountain Lane, Newburg, PA 17240.
Grantor presentry assigns to Lender all of Granfer's right, lille, and interest in and to all present end tulure leases of Ihe Properly and all Reals from the
Property. in addition, Granier granls to Lender a Uniform Commercia~ Code security interest In lhe Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST JN THE RENTS AND PERSONAL PROPERTY. IS
GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (S) PERFORMANCE OF ANY AND AJJ. OBLIGATIONS UNDER THE NOTE,
THE RELATED DOCUMENTS, AND THIS MORTGAGE. THiS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Excepl as otherwise provided in this Morlgage, Grantor shall pay fe Lender all amounts secured by Ihi5 Modgege
as they become due and shall strictly perform air ot Greeter's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantors possess}on and [~se of the Property shell be governed by the
follow,ns provis)ons:
Possession lind Use. Unlfi/he occurrence of ar Evenl of Deteull, Grantor may (t) remain in possession and control ol ~he Properly; (2) use,
operate or manage the Property; and (3) collect the Rents fr~m the Properly.
Duly to Maintain, Granfe[ shall main{aiR the Property in good condition and promplly perform all [epairs, replacements, and maintenance
necessary to preserve its value.
Complfertce Wfth Envlronmenlal Laws. Grantor reprefienls and warrants to Lender tha~: (1) During the period ot Greeter's ownership ol the
Preparb/, there has been ~o use. senerMIoe, rnanulaciure, store[ge, t~ealment, disposal, release or lhreafened release of any Hazardous
MORTGAGE
(Continued) Page 2
· TAXES AND LIENS. The tollowing provisions reJafirtg to Ihe laxes and liens on the Property are part el ~his Modgage:
Payment. Grantor shall pay when due (and kl all evenffi prior fo delinquency) all taxes, payroll taxes, special taxes, assessments, water charges
and sewer service charges levied against or on account et the Properly, and shall pay whe~l due all claims for work done on or for services
rendered or material turnlshed fo fha Property. Grantor shall maintain lhe Property ~ree et any tlens having priority over or equal lo lhe interesl of
Lender under this Mortgage, except for the Existing Indebledness referred to in Ibis Mortgage or those liens specltically agreed lo in wrigng by
Lender, end except for the lien et taxes and assessmer~ffi not due as lurther specified in the Right lo Contesl paragraph,
Right to Contest. Grantor may withhold payment el any lax, assessmeni, or ctafm in connection wilh a good tagh dispule over the obligation to
pay, so tong as Lender's Interest in lhe Property is nol jeopardized. Il a lien arises or is fired as a result of nonpaymenl, Grealor shall wghln tifleen
(15) days ariel the lien arises or, if a tien is filed, within fifteen (15} days after Grantor has notice of lhe tiling, secl~re the discharge of the lien, or if
requested by Lender, deposit with Lender cash or ~ sidtie[ent corgerata surety bond or ether security satisfactory 1o Lender In an amounl sufficient
to discharge lhe lien pl~JS any cosis and atlomeys' fees, or other charges lhal colJld accrue as a resug el a foreclosure or sale under the lien. In
EXlstlllg Lfell. The lien of ibis Mortgage securing lhe Indebtadeess may be secondary and inleHor 1o an ex,sling tiaa. Gran~or expressly
covenanls and agrees 1o pay, or see lo the payment of, lhe Existing Inriebtedness and to prevenl any data. It on such indebledrless, any detautl
under the InsIruments evidencing such indebtedness, or any defeuti under any security documenls [or such indebtedness.
Nc, ModlPcaflon. Grantor shall nol enler into any agreement wgh the holder of any modgage or o~her secudly agreemenl which has priority over
this Mortgage by which fhe~ agreement is modified, amended, extanderi, or renewed wtihou~ the prier wrigen consent et Lender. Grantor shall
neither request nor accepi any future advances under any such securily agreement wilhoul the prior written consent of Lender.
CONDEMNATION. The fffitowing provfstans retafing to conder~nafion proceedings are a part of this Morigage:
Proceedlllgs. If any proceeding in condemnation is tiled, Granlor sha~l pr(3nlptiy noilly Lender tn writing, and Grantor shati promptly lake such
steps as may be necessary to defend lhe actien and obtain lhe award, Grantor may be lhe nomffial party in such proceeding, bul Lender shall be
entitled ~o padiclpata in lhe proceeding and to be represented in the proceeding by counsel et tis own choice, and Grantor will deliver or cause to
be delivered to Lender such instruments and documentation as may be req[~ested by Lender hem time to time to per mil such participation.
ApplicAtion et Nel Proceeds, Il all or any part of the Properly is condemr~ed by emlnenl domaffi proceedings or by any proceeding or purchase
in lieu el condemnation, Leader may at ils election require tha~ all er any portion el ~he net proceeds of the award be applied lo the Indebtedness
or Ihe repair or restoration of lhe Properly. The ne~ proceeds of the award shall mean Ihe award agar payment of all aclual costs, experlses, and
alter nays' lees incurred by I_ender in con nection wgh lhe condemnatio,l. ~00~( ~ ~;; ~"~ ~'~ PJ P.F ~' ~4
MORTGAGE
(Continued) Page 3
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental laxes, lees
and charges are a pall of this Morlgage:
Curre~lt Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such d~cuments in addilion to this Mortgage end lake
Modgage:
Propedy.
MORTGAGE
(Co.ntinued) Page 4
Mortgage.
im a[for~ a guaran y of air o pa I of Ihe Note. B0(}~(].~,~ P~{~]-~f~b
MORTGAGE
(Continued) Page
Environmenlal Laws. The lerm "Hazardous Substances" also includes, wiihoul limilation, petroleum and pelroleum by-proddC~ or any Iraction
EACH GRANTOR ACKNOWLEDGES HAVING READ ALI. THE PROVISIONS OF THIS MORTGAGE, ANO EACH GRANTOR AGREES TO ITS
TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT ~S INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE
THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
CERTIFICATE OF RESIDENCE
I hereby cerlify, Ihat/he precise address of the mortgagee, Farmers and MeYchants Trusl Company of Chambersl~urg, herein is as follows:
Shlppensbufg Office, 20 South Main Sfreel, P. O. Box 6010, Chambersburg, PA 17201-6010 2
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
) SS
)
Onlhis, lhe~__dayol AUGUST ,20~O___,beforeme ANDREA A. CRIDER
~ood636,~i067
Exhibit A
ALL that cert,qln tract of woodland situate in Hopewdl Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINI','i~NG at an existing post ~n stones on line of lands now or fermerly of Rohrbaugh
ALL tbat certain tract or parcel of ground situate in Hopewell Township, Cumberland
County, Pennsylvania, being bounded and described in accordance will: tile Final Subdivision Plan
of Paul and KJmbedy Tucker and Dorothy Danner as prepared by John R. Kiss]nger, RS., d~ted
February 14, I986, and f~ntber being recc~rded in the Office of the Recorder of Deeds Jn and for
Cumberland County in Pian Book 52, Page 32, as folio:rs:
BEGINNING at a point at corners common wJlh Parcel A and Parcel C oftJ~e above-
mentioned Final Subdivision Plan; thence along Parcel C, North 76 degrees 24 minutes 01 second
East, a distance o£25,03 feet to a point; thence along lands now or formerly of Dorothy Danner,
South 13 degrees 4I minutes 55 seconds East, a distan~;e of 138.66 feet to a point; thence atong
same, North 32 degrees 42 mi0utes I ? seconds Wes u distance of 76.77 feet o an ton p n;
thence along samel Nonh'I3 degrees 41 minute~ 55 seConds'Wes, ,7 distance 0f66 fee o a
EXHIBIT "C~'''
Date: 07/10/2003
ACT 91 NOTICE
cOPY
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the morteage on your home is in default, and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached oages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help to save your home. This Notice exolains 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 Counseling A~encv.
The name. address, and phone number of Consumer Credit Counselin~ Agencies serving your
Count,/are listed at the end of this Notice. If you have any questions~ you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be
able to help you find a lawyer.
LA NOTIFICACION EN AD JUNTO 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 AGENDIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
HOMEOWNER'S NAME (S): Herbert M. Danner, Jr.
Marlene Danncr
PROPERTY ADDRESS:
LOAN ACCOUNT NO.:
ORIGINAL LENDER:
CURRENT LENDERISERVICER:
61 Mountain Lane
Newburg, PA 17240
3140021465
Farmers and Merchants Trust Company
Farmers and Merchants 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 CAN COMPLY WITH THE PROVISION OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
*IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
*IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
*IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TIlE
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
MEETING MUST OCCUR WITHIN THE NEXT (30} DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE LIP 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 th/ny (30) days afrer the
date of this meeting. The names, addresses, and teletthone numbers of designated consumer credit counseling
a~,encies for the countv in which the ompertv is located are set forth at the end of this Notice. It is only necessary to
schedule one face-to-face meeting. Advise your lender immediately of your hntentions.
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 oat, 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 MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH 1N 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 afl:er 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 INFORMATION 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.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property 61 Mountain
Lane, Newburg, PA 17240, IS SERIOUSLY IN DEFAULT because you have failed to pay promptly installments of
principal and interest, as required, for a period of at least sixty (60) days.
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months of April,
May and June 2003. The following amounts are now past due:
Principal $ 301.28
Interest $1,17 i, 16
Other Charges:
Legal Fees $ 50.00
Late Charges $ 54.06
TOTAL AMOUNT PAST DUE: $1,576.50
HOW TO CURE THE DEFAULT--you may cure the default within THIRTY (30) DAYS of
the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $1,576.50 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
payable and sent to:
FARMERS AND MERCHANTS TRUST COMPANY
P.O. BOX 6010
150 LINCOLN WAY EAST
CHAMBERSBURG, PA 17201
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the
mortgage debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged
property.
IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by
the Sheriff to pay off the mortgage debt. If the lender refers this 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 attorneys' fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorneys' fees
will be added to the amount that 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 attorneys' fees.
OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you
still have the right to cure the default and prevent the sale at any time up to one hour before the
Sheriff's Sale. You may do so by paving the total amount then past due, plus any late or other
charges then due. reasonable attorneys' fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriffs' Sale as specified in writing by the lender and by
verformin~ any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that
such a Sheriffs' Sale of the mortgaged property could be held would be approximately six
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 walt. 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:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Farmers and Merchants Trust Company
150 Lincoln Way East, P.O. Box 6010
Chambersburg, PA 17201
717-261-3641
717-261-3646
Lorie M. Heckman
EFFECTS OF SHERIFF'S SALE--You should realize that a Sheriffs' Sale would 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 may not sell or transfer your home to a buyer or
transferee that will assume the mortgage debt.
YOU MAY 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
FINANCIAL SERVICES UNLIMITED
550 Cleveland Avenue
Chambersburg, PA 17201
717-261-1708
Franklin, Fulton, Cumberland, Adams, Perry Counties
CONSUMER CREDIT COUNSELING SERVICES OF WESTERN PA, INC.
A). 2000 Linglestown Road
Harrisburg, Pa 17102
717-541-1757
Adams, Cumberland, Dauphin, Perry and York Counties
B). 912 South George Street
York, PA 17403
717-846-4176
York, Adams Franklin and Lancaster Counties
YWCA OF CARLISLE
301 G. Street
Carlisle, PA 17013
717-243-3818
Fax # 717-243 -3948
Cumberland, Franklin and Perry Counties
VERIFICATION
I, Lode Heckman, Credit Recovery Officer, on behalf of Farmers and Merchants Trust
Company of Chambersburg, 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 are tree and correct to the best of my information, knowledge and
belief.
eckman, Credit Recovery Officer
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
CIVIL DIVISION
NO.: 04-227 Civil Term
VS.
HERBERT M. DANNER, JR. and
MARLENEE DANNER,
Defendants.
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned
term and number reinstated.
DATE:
Respectfully submitted,
JAMES, S~NNELLY LLP
BY:.
S~tt ~.'~'erick, Esquire
Attorneys for Plaintiff
PA I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
SHERIFF'S RETURN -
CASE NO: 2004-00227 P
COMMONWEALTH OF PENNSYLVA/qIA:
COUNTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
DANNER HERBERT M JR ET AL
REGULAR
Amended
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to
says, the within COMPLAINT - MORT FORE was served upon
DANNER MARLENEE
DEFENDANT , at 1328:00 HOURS,
at 6280 CARLISLE PIKE
MECHANICSBURG, PA 17055
MARLENEE DANNER
a true and attested copy of COMPLAINT
on the 29th day of
LOT 300
by handing
the
January
tO
- MORT FORE
together with
law,
, 2004
and at the same time directing Her attention to the
Amended
61 MOUNTAIN LANE NEWBURG APPEARS TO BE VACANT.
contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 21.39
Affidavit .00
Surcharge 10.00
.00
37.39
Sworn and Subscribed to before
me this /[~ day of
~ ~Z~D~ A.D.
thonotary t
So Answers:
R. Thomas Kline
03/i /2004
SHERIFF'S RETURN -
CASE NO: 2004-00227 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
DANNER HERBERT M JR ET AL
OUT OF COUNTY
R. Thomas Kline ,
duly sworn according to law, says, that he made
and inquiry for the within named DEFENDANT
DANNER HERBERT M JR
but was unable to locate Him
deputized the sheriff of DAUPHIN
serve the within COMPLAINT -
Sheriff or Deputy Sheriff who being
a diligent search and
, to wit:
in his bailiwick.
County,
MORT FORE
He therefore
Pennsylvania, to
On February 27th , 2004 this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Dauphin Co 26.75
.00
63.75
02/27/2004
JAMES
R. Thomas Kline ~
Sheriff of Cumberland County
SMITH DIETTERICK CONNELL
Sworn and subscribed to before me
this /9~ day of ~
A.D.
Prothonotary
Service was made after cc~plaint had expired.
SHERIFF'S RETURN -
CASE NO: 2004-00227 P
COMMONWEALTH OF PENNSYLVANIA:
COI/NTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
DANNER HERBERT M JR ET AL
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
DANNER HERBERT M JR
but was unable to locate Him
deputized the sheriff of DAUPHIN
serve the within COMPLAINT -
, Sheriff or Deputy Sheriff
says, that he made a diligent
, to wit:
in his bailiwick.
County,
MORT FORE
who being
search and
He therefore
Pennsylvania, to
On March
18th , 2004 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
.00
16.00
03/18/2004
JAMES
So answer~ .... ~
R./Thomas Kline ~
Sheriff of Cumberland County
SMITH DIETTERICK CONNELL
Sworn and subscribed to before me
this /9~ day of
A.D.
q / ~ %~ro~t ho~y' ~'
SHERIFF'S RETURN -
CASE NO: 2004-00227 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
DANNER HERBERT M JR ET AL
REGULAR
CPL. MICHAEL BARRICK
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
DANNER MARLENEE
DEFENDANT , at 1328:00 HOURS,
at 61 MOUNTAIN LA/NE
NEWBURG, PA 17240
MARLENEE DANNER
a true and attested copy of COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 29th day of January
by handing to
together with
- MORT FORE
2004
and at the same time directing Her attention to
Additional Comments
61 MOUNTAIN LANE NEWBURG APPEARS TO BE VACANT.
the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 21.39
Affidavit .00
Surcharge 10.00
.00
37.39
Sworn and Subscribed to before
me this /~- day of
honorary
So Answers:
R. Thomas Kline
02/29/2004
JAYMES SMITH DI~RICK CONNELL-----~
/ / - De~Du~'y Sheriff
The CoUrt of Common P~eas of Cumberland County, Pennsylvania
Fa~rmers and Merchants Trust Company of Ch~nbersbur§
VS.
Herbert M. D~nner Jr
04-227 civil
SERVE: s~ne No.
NOW, February 2 ~ 2004
hereby deputize the Sheriff of Dauphin
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
County to execute this Writ, this
Affidavit of Service
Now~
within
,20_ , at o'clock M. served the
upon
by handing to
a
and made known to
copy of the orighnal
So atlswers ~
the contents thereof.
Sworn and subscribed before
me this __ day of
~ 20
Sheriffof County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph:(717)255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. P&xehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW:February 23, 2004 at
COMPLAINT IN MORTGAGE FORECLOSURE
DANlqER HERBERT M JR
to HERBERT M DANNER JR
: FARMERS AND MERCHANTS TRUST COMPANY
vs
: DANNER HERBERT M JR
Sheriff's Return
No. 0442-T - -2004
OTHER COUNTY NO. 04-227
9:27AM served the within
upon
by personally handin9
1 true attested eopy(ies)
of the original COMPLAINT IN MORTGAGE FORECLOSURE and makin9 known
to him/her the contents thereof at 19 NORTH 4TH ST 3
STEELTON, PA 17113-0000
Sworn and subscribed to
before me this 24TH day of ~%RUARY, 2004
PROTHONOTARY
So i~llewers,
~pu~ SHeriff
Sheriff's Costs: $26.75 PD 02/05/2004
RCPT NO 187764
TF
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW:March 10, 2004
REINSTATED COMPL.MORTGAGE FORECLOSURE
DANNER HERBERT M JR
to MARY SHEPHARD GIRLFRIEND
: FARMERS AND MERCHANTS TRUST COMPANY OF
: DANNER HERBERT M JR
Sheriff's Return
No. 1719-T - -2004
OTHER COUNTY NO. 04-227
at ll:30AMserved the within
upon
by personally handing
1 true attested copy(les)
of the original REINSTATED COMPLoMORTGAGE FORECLOSURE and making known
to him/her the contents thereof at 19 NORTH 4TH ST, #3
STEELTON, PA 17113-0000
Sworn and subscribed to
before me this 10TH da~f MARCH, 2004
!
PROTHONOTARY
SO AIlswers,
By
Deputy Sheriff
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
SS
The CoUr~ of Common Pleas of Camberland County, Pennsylvania
F~mers and Merchants Trust Company of Chambersburg
VS.
Herbert M. Danner Jr
04-227 civil
SERVE: same No o
March 1, 2004
hereby deputize the Sheriff of
deputation being made at the request and risk of the Plaintiff.
Serve by ~ ]~[~, { Oq
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Dau-~in County to execute this Writ, this
Sheriff of Cumberland County, PA
Affidavit of Service
}xJow,
,20 ., at
o'clock M. served the
within
upon
by handing to
a
and made known to
copy of the original
the contents thereof.
So answers:
Sheriff of
County, PA
Sworn and subscribed before
me this __ day of
,2O
COSTS
SERVICE
MILEAGE
AFFIDAVIT
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
No.: 04-227 CiVIL
Plaintiff,
ISSUE NUMBER:
VS.
HERBERT M. DANNER, JR. and
MARLENEE DANNER,
TYPE OF PLEADING:
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
Defendants.
I Hereby certify that the last known address
of Defendant(s) is/are:
Herbert M. Danner, Jr.
19 North 4th Street, #3, Steelton, PA 17113
Marlene~ /~
6280 Ca~sburg, PA
Scott ~.D etter~c~re ~'
FILED ON BEHALF OF:
Farmers and Merchants Trust Company of
Chambersburg
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
17055
Attorney for Plaintiff
JAMES, SMITH, DIETTERICK & CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
HERBERT M. DANNER, JR. and
MARLENEE DANNER,
Defendants.
CIVIL DIVISION
NO.: 04-227 Civil Term
PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
SIR/MADAM:
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendants, Herbert M. Darmer, Jr. and Marlenee Darmer, in the amount of $56,078.63
which is itemized as follows:
Principal $47,304.48
Interest through 4/13/04 $ 4,726.82
Late Charges $ 297.33
Attorney's Fees $ 1,250.00
Court, Sheriff and Title Costs $ 2,500.00
TOTAL $56,078.63
plus interest on the principal sum ($47,304.48) from April 13, 2004, at the rate of $12.62 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.
JAMES S~& CONNELLY LLP
sBcY; t t A~D. e~E~:qu~ r ~/
Attorney for Plaintiff
PA I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Scott A. Diettertck, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendants are 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 evid, enced b~l~attached copies.
Sworn to and subscribed before me
th~/~! day of .. ~)/, /
Notary Public
My Commission Expires:
,2004.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
HERBERT M. DANNER, JR. and
MARLENEE DANNER,
Defendants.
CIVIL DIVISION
NO.: 04-227 Civil Term
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Herbert M. Danner, Jr.
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $56,078.63
plus interest on the principal sum ($47,304.48) from April 13, 2004, at the rate of $12.62 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.
Deputy
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
HERBERT M. DANNER, JR. and
MARLENEE DANNER,
Defendants.
CIVIL DIVISION
NO.: 04-227 Civil Term
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Marlenee Danner
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgrnent is as follows: $56,078.63
plus interest on the principal sum ($47,304.48) from April 13, 2004, at the rate of $12.62 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.
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
: FARMERS AND MERCHANTS TRUST COMPANY OF
vs
: DA/FNER HERBERT M JR
Sheriff's Return
No. 1719-T - -2004
OTHER COUNTY NO. 04-227
AND NOW:March 10, 2004 at ll:30AMserved the within
REINSTATED COMPL.MORTGAGE FORECLOSURE
DANNER HERBERT M JR
to MARY SHEPHARD GIRLFRIEND
upon
by personally handing
1 true attested copy(ies)
of the original REINSTATED COMPL.MORTGAGE FORECLOSURE and making known
to him/her the contents thereof at 19 NORTH 4TH ST, #3
STEELTON, PA 17113-0000
Sworn and subscribed to
before me this 10TH da[~gf MARCH,~2004
PROTHONOTARY
So Answers,
By
Deputy Sheriff
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
SS
SHERIFF'S RETURN -
CASE NO: 2004-00227
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
DANNER HERBERT M JR ET AL
REGULAR
Amended
CPL. MICHAEL BARRICK
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
DANNER MARLENEE
DEFENDANT at 1328:00 HOURS,
at 6280 CARLISLE PIKE
MECHANICSBURG, PA 17055
MARLENEE DANNER
a true and attested copy of COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 29th day of January ,
LOT 300
by handing to
together with
- MORT FORE
2004
and at the same time directing Her attention to the
Amended
61 MOUNTAIN LANE NEWBURG APPEARS TO BE VACANT.
contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 21.39
Affidavit .00
Surcharge 10.00
.00
37.39
Sworn and Subscribed to before
me this day of
So Answers:
R. Thomas Kline
0B/1~/2004 ~ '
JAMES SMITH DI~ERICK_CONAIE~Lq~ ~ .'~
~-~ .... ~ Deputy Sh~f~f '~
A.D.
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff, :
CIVIL DIVISION
NO.: 04-227 Civil Term
VS.
HERBERT M. DANNER, JR. and
MARLENEE DANNER,
Defendants.
IMPORTANT NOTICE
TO:
Marlenee Darmer
6280 Carlisle Pike, Lot 300
Mechanicsburg, PA 17055
DATE OF NOTICE: March 31, 2004
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 AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
HERBERT M. DANNER, JR. and
MARLENEE DANNER,
Defendants.
CIVIL DIVISION
NO.: 04-227 Civil Term
AVISO IMPORTANTE
A. Marlenee Danner
FECHA DEL AVISO:
March 31, 2004
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
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 USTED PUEDE
PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO
TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OF[CINA
ABA JO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA
LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
DATE: ~/'~//~' ~/ BY: Scot~ !(~c~,i E~squire~/
PA I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280
iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 04-227 Civil Te~rn
VS.
HERBERT M. DANNER, JR. and
MARLENEE DANNER,
Defendants.
TO:
Herbert M. Darmer, Jr.
19 North 4th Street, #3
Steelton, PA 17113
DATE OF NOTICE: March 3l, 2004
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (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 AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
CIVIL DIVISION
NO.: 04-227 Civil Term
HERBERT M. DANNER, JR. and
MARLENEE DANNER,
Defendants.
AVISO IMPORTANTE
A. Herbert M. Darmer, Jr.
FECIiA DEL AVISO: March 3 l, 2004
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
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 USTED PUEDE
PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO
TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA
ABA JO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA
LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
JAMES SMITH & CON'NELLY LLP
DATE: .,/)?/0 ] BY:_
Sc~t A. Dietterick, Esquire
PA I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
F[RST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
CIVIl. DIVISION
NO.: 04-227 Civil Term
HERBERT M. DANNER, JR. and
MARLENEE DANNER,
Defendants.
pRAECIPE TO SATISFY JUDGMENT.
TO THE PROTHONOTARY:
Please mark the judgment filed at the above-captioned te~m and number satisfied.
Respectfully submitted:
PA I.D. #5. 350
Attorney fi~r Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533--3280
: coNNELLY LLP