HomeMy WebLinkAbout04-0647MIDFIRST BANK IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
d q- (P y-) CIVIL ACTION - LAW
RICHARD L. WANNER ACTION OF MORTGAGE FORECLOSURE
Defendant
THIS FERM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action
within twenty (20) days after the 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
claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
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CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
AVISO
LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS
PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE
SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO,
REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION
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REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA
DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA
DE ABOGADOS), (215) 238-6300.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
MIDFIRST BANK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
RICHARD L. WANNER,
Defendant
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT
COLLECTION PRACTICES ACT, 15 U.S.C. 1601
The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any
information obtained will be used for that purpose. The amount of the debt is stated in this
Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty
(30) days after your receipt of this notice disputes the validity of the aforesaid debt or any
portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is
valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day
period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall
obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon
written request by Debtor to the undersigned attorney within said thirty (30) day period, the
undersigned attorney will provide debtor with the name and address of the original creditor if
different from the current creditor.
PURCELL, KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Attorney I.D.# 15700
Attorney for Plaintiff
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW C.) q - 6 4 9
RICHARD L. WANNER, ACTION OF MORTGAGE FORECLOSURE
Defendant
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, MIDFIRST BANK, is an Oklahoma Corporation, with an address of 999 N.W. GRAND
BOULEVARD SUITE 100, OKLAHOMA CITY, OKLAHOMA 73118.
2. Defendant, RICHARD L. WANNER, is an adult individual, whose last known address is 78 HILLSIDE
CIRCLE, CAMP HILL, PENNSYLVANIA 17011.
3. On or about, September 10, 1999, the said Defendant, executed and delivered a Mortgage Note in the
sum of $68,989.00 payable to MIDFIRST BANK, which Note is attached hereto and marked Exhibit
"A"
4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to
secure payment of the same, Defendant, made, executed, and delivered to original Mortgagee, a certain
real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and
Commonwealth in Mortgage Book 1570, Page 868 conveying to original Mortgagee the subject
premises. The Said Mortgage is incorporated herein by reference.
5. The land subject to the Mortgage is: 78 HILLSIDE CIRCLE, CAMP HILL, PENNSYLVANIA 17011
and is more particularly described in Exhibit "B" attached hereto.
6. The said Defendant is the real owner of the property.
7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on August
01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage:
UNPAID PRINCIPAL BALANCE $58,153.56
Interest at $11.95 per day $3,283.49
From 07/01/2003 To 03/01/2004
( based on contract rate of 7.500%)
Accumulated Late Charges $0.00
Late Charges $31.98 $255.84
From 08/01/2003 to 03/01/2004
Escrow Balance $372.96
Attorney's Fee at 5% of Principal Balance $2,907.68
TOTAL $64,973.53
"Together with interest at the per diem rate noted above after March 01, 2004 and other charges and
costs to date of Sheriff's Sale.
The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania law, and will be collected in the event of a third parry purchaser at Sheriff's Sale. If the
Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually
incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any jurisdiction.
9. Notice of Intention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of
1974 is not required in that the original principal balance exceeds $50,000.00.
10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any
way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended.
11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National
Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned
total amount due together with interest at the rate of 7.500% ($11.95 per diem), together with other charges and
costs including escrow advances incidental thereto to the date of S erifPs Sale and for foreclosure and sale of
the property within described.
By:
PURCELL, JG *&ALLER
Leon P. Haller, Esquire
Attorney for Plaintiff
I.D. # 15700
1719 N. Front Street
Harrisburg, PA 17102
(717-234-4178)
Multistate NOTE I FHA Case No. AP# 100510774 LN# 100510774 441-6111754-703
September 10, 1999
(Dale)
78 Hillside Circle.Camp Hill,PA 17011
(Property Address)
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means
MidFirst Bank
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of
Sixty Eight Thousand Nine Hundred Eighty Nine and no/100
Dollars (U.S. s 68.989.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal,
from the date of disbursement of the loan proceeds by Lender, at the rate of Seven and One / Hal f
percent ( 7.5000 %) per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date
as this Note and called the 'Security Instrument." The Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
November 1 1999 . Any principal and interest remaining on the first day of October
2014 , will be due on that date, which is called the "Maturity Date."
(8) Platt
Payment shall be made at 3232 W. Reno. Oklahoma City, OK 73107
or at such place as Lender may designate in writing
by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ 639.54 This amount
will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and
other items in the order described in the Security Instrument.
(D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
______ the allonge shall incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a pan of
this Note. [Check applicable box)
Graduated Payment AllongeGrowing Equity Allonge Other [specify)
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in par, without charge or penalty, on the first
day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for
the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a
partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in
writing to those changes.
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6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph
4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount
of Four percent ( 4.0000 %) of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations
of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in
full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used
in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable
law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. 'Presentment' means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the
right to require Lender to give notice to other persons that amounts due have not been paid.
S. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given
by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if
Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep 4 of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this
Note against each person individually or against all signatories together. Any one person signing this Note may be required to
pay all of the amounts owed under this Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
(Seal)
Borrower Richard L. Wanner
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
l
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
-111 aeou.m row 2 of 2
ALL THAT CERTAIN lot located in East Pennsboro Township,
Cumberland County, Pennsylvania, as known and designated on the
Plan of Northwood Hills, as laid out by King Associates, Inc., on
their survey of April 6, 1957, as follows, to wit:
BEGINNING at a point in the southerly side of Hillside Circle,
said point being 90.67 feet West of the southwest intersection of
Hillside Circle and Brier Road; thence South 28 degrees 45
minutes East, a distance of 118.98 feet to a point; thence South
61 degrees 15 minutes West, along the Northerly boundary line of
part of Lots 9 and 5, a distance of 70 feet to a point; thence
North 28 degrees 45 minutes West, along the division line between
Lots 7 and 6, a distance of 110.41 feet to a point in the
southern line of Hillside Circle; thence along the southern line
of Hillside Circle, North 54 degrees; 16 minutes East, a distance
of 70.52 feet to a point, the place of BEGINNING.
HAVING theron erected a single brick dwelling house known as 78
Hillside Circle.
Being Lot 7, Block "J" of Northwood Hills.
BEING the same premises which Stanley W. Goldhart and Patricia L.
Goldhart, his wife, by Deed dated October 28, 1988 and recorded
in Cumberland County, in Deed Book Q, Volume 33 page 740,
conveyed unto Richard L. Wanner and Patricia A. Wanner, his wife.
And the said Patricia A. Wanner died October 1, 1998 whereby title vested
in Richard L. Wanner by right of suvivorship.
aooK Mra t .876
C•,a•.,sciCuratreriar.d 88
;ccrds:d in the offic., for the recording of Deeds
ed. and f G?igrAberiand CountytPgr ?I
in Mt Vol. ?Paget`1Lb
v?ltne y hend? naal of offi
Carlisle, PA thiis?I W' day o p
COMPANY NAME: r-mfUS7 Bic
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Dated fH'Pm 12, 2004
'. Vice President
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00647 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MIDFIRST BANK
VS
WANNER RICHARD L
ROBERT BITNER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
WANNER RICHARD L the
DEFENDANT , at 1333:00 HOURS, on the 19th day of February , 2004
at 78 HILLSDALE CIRCLE
CAMP HILL, PA 17011
ESSADIK ELHADDAD, ROOMMATE,
by handing to
ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
35.35
Sworn and Subscribed to before
me this 1 G day of
?.2oz2v A.D.
n
rothonotary '
So Answers:
r
R. Thomas Kline
02/20/2004
PURCELL KRUG HAL1L1ER
By:
?
Deputy Sheriff
LEON P. HALLER, ESQUIRE
P[JRCELL, KRUG & HALLER
1719 NORTH FRONT STREET
:,ARRISBURG, PA 17102-2392
('17)234-4178
"17TORNEY FOR PLAINTIFF
MIDFIRST BANK : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff NO. 2004-0647 CIVIL TERM
Vs. CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
TCHARD L. WANNER
Defendant
P R A E C I P E
TO THE PROTHONOTARY:
Kindly Settle and Discontinue the above matter of record.
PURCELL, KRUG-.9;iHALLER
By:
Leon P. Haller ID 115700
Attorney for Plain iff
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: September 23, 2008
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