HomeMy WebLinkAbout01-6645d
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
AMERICAN GENERAL FINANCE, INC.,
Plaintiff
VS.
DENNIS L. PORTER,
Defendant
ACTION IN MORTGAGE
FORECLOSURE
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 al[er this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defense or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Carlisle, PA 17013
By:
REIDENBACH AND HENDERSON
Herbert P. Henderson, Il, Esquire
Attorney for Plo~intiff
Attorney I.D.# 56304
36 Faro King Street
l.~n¢o~ter, PA 17602
(717) 295-9159
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
AMERICAN GENERAL FINANCE, INC., ·
Plaintiff
VS.
DENNIS L. PORTER,
ACTION IN MORTGAGE
FORECLOSURE
Defendant
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 within the said thirty (30) day period that 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.
REIDENBACH AND HENDERSON
Herbert P. Henderson, II, Esquire
Attorney for Plaintiff
Attorney II~ 56304
36 East King Street
Lancaster, PA 17602
(717) 295-9159
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC., ·
Plaintiff
VS.
DENNIS L. PORTER,
1. Plainthffis
ACTION IN MORTGAGE
FORECLOSURE
Defendant ·
COMPLAINT
American General Fimmce, Inc.
6 South Hanover Street
Carlisle, PA 17013
The name and last known address of the Defendant iS:
Dennis L. Porter I
PO Box 207 ,
Plainfield, PA 17081
who is the Mortgagor and real owner of the property hereinafter described.
On N. ovember 12, 1998, Mortgagor made, executed and delivered a mortgage upon the
prermses herein after described to AMERICAN GENERAL FINANCE, INC., which
mortgage is recorded in the Oftice of the Recorder of Deeds of CUMBERLAND County,
in Mortgage Book No. 1497, Page 180. A true and cOrrect copy of the mortgage is
attached hereto and incorporated herein by reference and marked as Exhibit "A"
The premises subject to said mortgage is described as attached in the legal description set
forth in Exhibit "B". ,
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due June 12, 2000 and each month thereai~er are due and unpaid, and by the
teni~s of said mortgage, upon failure of mortgagor to make such payments after a date
specified by written notice sent to Mortgagor, the entire principal balance and all interest
due thereon are collectible forthwith. I
VERIFICATION
Herbert P. Henderson, II, Esquire hereby states that his is attorney for Plaintiff in this
matter, that he is authorized to make this Verification, and that the statements made in the
foregoing Complaint are as related to him by Plalntiffand are true and correct to the best of his
knowledge, information and belie~. The undersigned understands that this statement is made
subject to the penalties of 18 pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
Herbert P. Henderson, II, Esquire
Attorney for Plaintiff
I.D. # 56304
' " :" .-~: 3ELDS
!.! F :._ ii,.._ ,',N L~ COUNT'f-
· 98 NOI] 13 WI 58-
:51
(Space Above This Une For Rec~rd;.g Date)
OPEN-END MORTGAGE
Account No.
THIS MORTGAGE SECURES FUTURE ADVANCES
To Borrowers whose Revolving IJne of Credit Agreement and Disclosure Statement provides for a LJne of Credit not exceeding $50.000 and a
Variable Rate feature: Notle® to Borrower: This document contains provisions for a variable Interest rate.
THIS OPEN-END MORTGAGE ("Security Instrument') is given on [~..R 12
~ __,19 9_.~._8. The mortgagor is
(indicate marital status) _(Borrower'),
This Security Instrument is given to_ ]LiV~RICAN GENERAL FINANCE. INC. which Is organized
and existing under the laws of
is 6 S Pennsylvania, and whose address
o~ ~ ~HC)[~AND DOLTJM~q *********~.'~*****.~.~,~************ Dollars ..... " Pennsylvania
("Lender). Borrower may incur indebtedness to Lender In amounts fluctuating from time to time up to the principal sum
amount constitutes the maximum amount of unpaid loan indebtedness ~v., ........... . (U.,~, $ ]0. (}00.00), which
, ,;^,.,u~,v~, ut Inmres[, Ii, arson, which is secured under this Security InstrUment.
This debt is evidenced by Borrower's Revolving Une of Credit Agreement and Disclosure Statement dated the Same date as this Security Instrument
("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due andipayable as provided in the Note. This Security Instrument
secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and NI renewals, extensions and modifications; (b) the payment
of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; (c) the performance of Borrower's
covenants and agreements under this Security Instrument and the Note; and (d) the unpaid balances of loan advances made after this Security
Instrumeht is deliyered to the recorder for record. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following
deecrib~l, proparb) tecated In ~PJ.J~D County, Pennsylvania:
Ail ~haC cer=ain propez~¥ in the VI~LA~E of Pll~n~eld, TOWNSHIp of West Peunaboro~ COb'NTY
of Cumberland, and COMMON~THo£ Penne~lva~Aa, ~&roel Z. D. #46-1~-1394-097, bein~ more
fully deec~$be~ ~n Deed ~ed 09/10/B6, reco=ded 09/19/86, amd ap~esrin~ &raong ch& 1~
records of t~e Coun=¥ au,/{. S=&~e ce= fo==h above, in Book E-32, page 624.
Prior Instrument Reference: Mortgage Book No.
187 , Page, 453 ;
03800028 (Rev. 6.-g~) Revolving
00 1497 rAGE
PENNSYLVANIA
BY SIGNING BELOW, Borrower ancepts and agrees to the terme and covenant~ contained In bhis ~ecurily InelrumenL
Borrower -Di~NIS L t=Okl'~R
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ~P,I.~N'D
WITNESS my hand and official eeal, the day and year aforesaid
Notarial Seal
~Bre..nda K. Bishop, No~a~/Public
L;arliste Bore, CumbeHand County
My COmmission Expires Nov. 20, 2000
Member, Pennsyl,~anla Association of Not,~tes
Not~ Public of Pennsylva~ia
CERTIFICATE OF RE$1DE~OE "_.
:.-MU~JPs'ILe~::P . .a~..~l~.fo'regoing mo~e, here~ ~ ~t ~e ~rr~t
.... , ...... : ....... a~dj
o~]~t~ ~nd I~berland County, ~- _
i ~ Pa Agent of
. Z
~ecor~ --
AMERICAN G~ERAL FINANCe, INC.
· (t S H,~NOVER STREET
CARLISLE
"~NNSVLV~A 17013
SECOND umouLuou.n ~ mare nMnr~ ~
-- MORTAGE ($5001-$50,000)
SORROWER(Si (YOu. YOUR}
PORTEI~ DRiggT.q
PLAINFIELD s.,,.
__ PA 17081
OTHER CHARGES
Appraiser for Appraisal Fee
Title Exam Fee/Title Insurance $
Other _ NA $ NA
Other __ ['~ $ NA
Other __
$ NA
Paid to Public Officials for
Paid to Public Officials for Recording. Filing and Releasing Fees
S -- i~A PAID TO _ NA
$ ]~'A PAID TO
$ i"'1A PAID TO ~.-L
CateofAgreement_ ~ER ] 2, 1998
Date Finance Cha,'ge Begins to Accrue ]['~[~V~v'JR'~,R ! 6 · ] 90~
Line of Creclit $ 1 (~ .. {")0~. O0 Imlial Advance $ 7r 704.4~
Nature OI Secu.ly For Advances Made Hereunder
Real Eslale Morlgage. Deed of Trust. or Sirnilar Secur*ly ~nstrumenl on
27 BACK STREET, PLAINFIF, r.n PA
17081
thereby
INSURANCE: Credit Life Insurance is not required to obtain credit and will not be provided unless you sign and agree to pay the additional cost. You understand we
and our insurance affiliate anticipate profits from the sale of credit insurance, and you consent thereto if you select such insurance.
RIGHT TO RESClND INSURANCE: Within 15 days after receipt of a certificate, the borrower has the right to rescind the insurance. To do so, written notice must be
given to the Company or the Creditor. If joint insurance is effective, both borrowers must sign the written notice requesting cancellation. The insurance as to those
parsons requesting rescission is then void from its effective date,
MERIT LIFE INSURANCE CO., 601 N.W. SECOND ST., PO BOX 39, EVANSVILLE, IN 47701.0039 (800) 325-2147.
.--------__._. GROUP CREDIT LIFE INSURANCE APPLICATION ·
~ TYPE * $~.~05 '-~
Single Credit Life Insurance ~ ~ PREMIUM
LJ Co-Borrower
· Charge per $1,000 average daily balance
Joint Credit Life Insurance [] per month.
What is your date of birth? __ Borrower Co-Borrower
I/We represent that the informat on and answers given on this application are tru
They,will be used to issue the requested insurance I/~V~ ,nH,ar .... -~ ..... e and complete to the bast of y/our know ed e and
// , .m~ ~ ~ .............. ..u m~. ap,ruthful answers may result i~;j~Yo/f~til~m: g belief.
Data.
Oate~ Signature of Co-Borrower_
to not sign this ~pplicetion if any spaces applicable to the Borrower(s) electing the coverage and to the coverage being elected have not been comp eted, The
applicetion willnot beusedinacontestiftheBorrower(s)has notansweredthequestionsapplicebletothecoveragebeingapp ed forand/orifthe Borrower(a) has
not signed and dated the application.
We may require insurance to protect property securing this agreement. You may obtain property insurance from anyone you want, provided the insurance company is
acceptable to us.
LOAN: We grant you a Line of Credit in the amount stated above, subject to the terms and conditions set lorth in this Agreement. You may access your Line of Credit
by the checks we issue to you, by contacting our office during normal bUsiness hours, or in any other manner we prescribe, and in an amount of at least $100 (the
"minimum credit advance") as long as you do not exceed your Line of Credit.
to Accrue" stated above.
You must take a minimum initial advance of $2,500 on the "Date Rnance Charge Begins
ACCESS TO ACCOUNT: Your right to obtain advances under the Agreement expires 02 years from the "Date of Agreement" shown above. This _0;2 year
period is referred to as the Draw Period· The period beginning upon the expiration of the Draw Period and continuing until the account is paid in full is referred to as
the Repayment Period. The required Federal Truth-in-Lending disclosures included in this Agreement, such as the "ANNUAL PERCENTAGE RATE" disclosures
section, apply to both the Draw Period and the Repayment Period.
PROMISE TO PAY; PAYMENTS: You agree to repay to us: (a) all amounts advanced to you or on your behalf by us, including amounts in excess of your Line of Credit
that we may lend you and amounts that are due under your Mortgage, Deed of Trust or Security Instrument; (b) all finance charges and other charges (including
insurance charges) applied to your account, and (c) reasonable attorneys fees actually incurred collection costs if and as permitted by applicable law, including court
costs. If there is more than one Borrower you are jointly and severally liable for all of these amounts. Payments will be applied in the following order: to other
charges (besides insurance charges), to insurance charges, to Periodic Finance Charges, and to the remainder of the unpaid balance (including The Points Finance
Charge). You may not use the checks we issue to pay any amounts due under this Agreement. You may repay any part or all of your unpaid balance at any time· Your
minimum monthly payment will be figured as described in the option checked below.
PERCENT OF BALANCE OPTION: You agree' to make a minimum monthly payment equal to the sum of ~ % of your Dew balance as shown on your
] monthly statement, plus any past due amount. The length of the Repayment Period is determined by the amount of the unpaid balance at the beginning of the
Repayment Period. Under Some circumstances, the minimum monthly payment will not cover the Periodic Finance Charges that accrue and "negative amortization"
will occur. Negative amortization will increase the amount that you owe us and reduce your equity in your home (the real proper~y securing this Agreement).
~] ASSUMED TERM OPTION: You agree to make a minimum monthly payment necessary to repay your new balance as shown on your monthly statement over a
10 year period (the '~Assumed Term"). The length of the Repayment Period is determined by when the ~ater of these events occurs: (a) the end of
the billing cycle in which the final advance during the Draw Period is taken or (b) (if your account has a Variable Rate feature) the end of the billing cycle in
which the final Annual Percentage Rate change during the Draw Period occurs. During the Draw Period, at the end of each billing cycle in which an advance is
taken or the Annual Percentage Rate changes (if your account has a Variable Rate feature), your minimum monthly payment wifl be adjusted to amortize your new
balance as shown on your monthly statement over the Assumed Term. If your account has a Variable Rate feature, during the Repayment Period your minimum
monthly payment will change each time the Annual Percentage Rate changes, but the fi ' ' ·
the mlnim~mmonthly Payment. datermined:bnder,:eitfier~lStib~lsleSs than ~A~ *~. ........ ma_l ma.!u, nty date will [ema,n the same.
........... + ~3 ...... . ..... * ~ ..... ;.~a ~ ..... .4.4 .... ~.~, .~ ------, -,-- ,H..le~UHI mOnlflly payment wdl equal the lesser of $50 or the unpaid balance on
y payment determined under either' 015ti(Sn fs:iess~tb~ $~:;f~e m~imum m0nt r~ent w : '
your account. Payments must be received at our ad r . . . . 131y. pay equal the lesser~of $,50~i,~h~ i~cl~ ' ': ~ :~
· d ess by the due date indicated on your monthly statement, np batance-on ..
FINANCE CHARGE: Finance Charges are the total of: (a) Periodic Finance Charges and (b) Other Finance Charges. , ·
(al PERIO~C FINANCE CHARG ES: We will compute the Periodic Finance Charge in each billing cycle by multiplying the average daily balance of your account
times the monthly peric~ic rate. To get the average daily balance, we take the beginning balance of your account each day, add any new advances and other
charges, and subtract any payments or credits, This gives us the daily balance. Then we take the sum of all the daily balances and divide the sum by the number of
days in the bilti~g cycle. This gives us the average daily balance. A Periodic Finance Charge begins to accrue on the date that an advance or charge is posted to
your account and continues to accrue until the date that the advance or charge is paid in full.
(b) OTH ER FINANCE CHARGES: These charges are the Points Finance Charge and the Annual Credit Line Finance Charge. The Points FINANCE CHARGE is
$ 300°00 .and the Annual Credit Line FINANCE CHARGE for the fimt year of this Agreement is $50.00, for a total Other FINANCE CHARGE for the
first year of the Agreement of $ 350.00 . These Finance Charges are due and payable on the "Date Finance Charge Begins to Accrue" stated above.
The Annual Credit Line .FINANCE CHARGE for each subsequent year of this Agreement after the first year is $50.00 and is due and payable annually on
such anniversary date. You agree that these Finance Charges may be charged to your account balance.
ANNUAL PERCENTAGE RATE: Your Annual Percentage Rate may be a Fixed Rate or a Variable Rate. There may be an Introductory Rate on your account. The
Annual Percentage Rate includes only interest and not other costs.
(a) FIXED RATE: (If Checked) [~ The monthly periodic rate is the Annual Percentage Rate divided by 12. Finance Charges are computed by applying a monthly
periodic rate of. 1.000,/o ( .12.00% ANNUAL PERCENTAGE RATF) to the average daily balance.
(b) VARIABLE RATE: (If Checked) Notice to borrower: This document contains provisions for a variable interest rate. [] The monthly
periodic rate used in determining your Periodic Finance Charge will be a variable rate which may change annually on each anniversary date of your account.
The monthly periodic rate will be the sum of the Index Rate plus. ~ percentage points (the "Margin"), divided by 12. The initial monthly periodic rate on
your account is ~ % ( ~ % initial ANNUAL PERCENTAGE RATF). The Index Rate applicable for each one-year period during which you maintain your
account will be the highest prime rate published in the "Money Rates" listing of The Wall Street Journal (the "Index"), a business newspaper, on the first business
day after the 14th day of the month preceding the month in which your anniversary date falls. (For example, if your anniversary date is May 9, your Annual Percentage
Rate may change each year on May 9, using the Index Rate in effect on the first business day after the 14th day of April.) The new Annual Percentage Rate will
apply to new advances and charges and to the existing unpaid balance (excluding accrued Periodic Finance Charge) of your account. An increase in the Index
Rate or the introductory Rate stated below (at its expiration) may increase the Annual Percentage Rate, Finance Charge, and minimum monthly payment on
your account.
The maximum annual increase in the ANNUAL PERCENTAGE RATF will not exceed N.~ percentage points. The maximum ANNUAL PERCENTAGE RATE
on your account will not exceed N~ %. In no event will the Annual Percentage Rate exceed that permitted by applicable law, If the Index is no longer available,
we will change the Index and Margin so that the Annual Percentage Rate produced by the new index and margin is substantially similar to the Annual Percentage
Rate in effect when the Index becomes unavailable.
(c) INTRODUCTORY RATE: (If Checked) [] The Annual Percentage Rate on your account is an introductory Rate. Your Introductory Rate is a monthly periodic rate of
NA%f NA %ANNUALPERCENTAGERATF).Thisratewillbeineffectforthefirst ~ monthsyouraccountisopen(the"lntroductoryperiod-).Atthe
end of the Introductory Period your monthly periodic rate and Ann ual Percentage Rate will be the initial Variable Rate or the Fixed Rate stated above. If your account
has a Variable Rate feature, the rate that would have been applied dudng the Introductory Pedod using the Index and Margin is the initial monthly periodic rate and the
initial Annual Percentage Rate stated in "VARIABLE RATE" above. If your account has a Fixed Rate feature, the rate that would have been applied during the
Introductory Period is the monthly periodic rate and the Ann ual Percentage Rate stated in "FIXED RATE" above. During any period in which an Introducto~/Rate
applies, your minimum monthly payment will be calculated using the Variable Rate or Fixed Rate stated above, not the Introductory Rate,
SECURITY: You grant a security interest to us as described in "Nature of Security for Advances Made Hereunder" above and you agree to execute all documents
which we deem necessary to create and protect such security interest.
GOVERNING LAW: This Agreement is made and entered into under Pennsylvania law. This Agreement covers open-end loans pursuant to the Pennsylvania Secondary
Mortgage Loan Act (7 Pa. Stat. Ann. §§6601 et seq.). If this Agreement is secured by a second lien on your real property, and your account has a Variable
Rate feature, this Agreement is also made and entered into under Title VIII of the Federal Gain-St Germain Depository Institutions Act of 1982 (Pub. L. 97-320;
12 U.S.C. §§3801 et seq., as amended).
If you do not meet your contract obligations, you may lose your home.
NOTICE: The terms end conditions on the reverse side are part of this Agreement and ere Incorporated herein by reference.
CAUTII~N: IT IS IMPORTANT THAT YOU THOROUGHLY '
REA~/I'/~IS CONTRACT B~FOFLi~DLF'4~ IT.
,~I~~FINANCE, INC. .,z_~.~ ./:u,v3~J~ ~ _~'~----~_j (Borrower)~
by,~~''') ~__ I~:Y'~~. DENNIS L
(agent~Ifor Lender) (Borrower)
038*00025 (30 PA REVOLVING REAL ESTATE LOAN-SECOND MORTGAGE ($6001 TO $~O,000)(7-98)
NOTICE: See reverse lido for additional terms and conditions and important information regarding yom' rights to dispute hilling orrorl.
September 20, 2001
TO:
American General Finance, Inc.
Dennis L. Porter
PO Box 207
Plainfield, PA 17081
FROM: American General Finance, Inc.
6 South Hanover Street
Carlisle, PA 17013
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
This is an official notice that the mort a e on our h me is in de ault and the lender intends to foreclose.
S ecific information about the nature of the default is rovi ed i the attached a es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PR GRAM MAP ma be able to hel save our
home. This notice ex lains how the ro m work .
To see ifHEMAP can hel ou must MEET WITH A NS R CREDIT OUNSELING A EN Y
WITHIN 30 DAYS OF THE DATE OF THIS N TI E. Take t i o ice with ou when ou meet with the
Thename addressand hon numberofConsumerCreditA enciesservin ourCount are listed at the
endofthis otice. If ouhv an ueti n um al h Pe lvani H usin FinanceA en toll
freeat 1-800-342-2 97. Persons with im aire hearin c call 17 781-1 6 .
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 SD-MA IMPORTANCIA, PUES AFECTA SU DERECHOA
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDiTAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSE FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
C
ARRIBA. PUEDES SER ELIGIBLE PARA UN PRESTAMO POR ELPROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUESE
SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME
PROPERTY ADDRESS:
LOAN ACCOUNT NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Dennis L. Porter
PO Box 207, Plainfield, PA, 17081
32622 ! 80
American General Finance, Inc.
American General Finance, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCiAL AS I TAN E I HCAN AVEY URHOMEFROM
FORECLOSURE AND HELP YOU AKE F MORTG E 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
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 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 fi-om the date of this Notice. During that time you must
arrange and attend a ace-to-race meetmgwithoneoftheconsuraercreditcounselingagencieslistedatthe
end ofthis Notice. TH/SMEETIN MUSTOCC WITHINTH NEXT IRTY 0 DAYS. IFYOU
DO NOT APPLY FOR EMERGENCY MORTGAGE AS IST' CE U MUST BRIN y
ORTGAGE TO DATE. THE p T F THIS OTI E CAL ED "H W TOYOUR
MORTGA E DEFAULT" EXPL H W TO BRIN YO RT GE T DATE
CONSUMER CREDIT COUNSELING AGENCIE:; - 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 dele hone numbers of desi ated
consumer credit e unsehn a encles fir he cunt ~n which the ro rt is 1o ated are set forth at t e end
of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender~
of you intentions.
APPLICATION FOR MORTGAGE ASSISTANC!,;. Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information abo~at the nature of your default.) If you
have tried and are unable to resolve this problem with the lender, yod 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 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 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 proceeding 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 located
at: PO Box 207, Plainfield, PA, 17081, IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
Account #
May 2000 through August 2001- 16 payments of $135.33 = $2,165.28
Other charges (explain/itemize): Past Due Payments: $2,165.28 (Interest included)
· H.OW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) days of the date
of this Not,ce BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,165.28
plus interest, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclosure u~on your morteaeed ;>ro~erty.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the
lender begins legal proceedings against you, you will still 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 which may also include other reasonable costs. ~
default wi hin the THIRTY 30 DAY eriod u will n t be uired to a a e's ees.
OTHER LENDER REMEDIE~ _ 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 SAL~; - If you have not cured the default within
the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the ri~.ht to cure th..
default and revent the sale at an time u to one hour fi re th heriff's Sale. You ma do so b a in
the total amount then asr due lus an la or other har the due r able attorne's fees and c sts
connected with the forecl sure sale and an other costs connect d with the Sheriff's Sale as s cified in
writin b the lender and b rfi rmin an other r uirements nder th mort a e. Curing your default
in the manner set forth in this notice will restore your mortgage, to the same position as if you had
defaulted, never
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's
Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice.
A Notice of the actual date of the Sheriff's 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 fred out at any time exactly what the
required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
American General Finance, Inc.
6 South Hanover Street
Carlisle, PA 17013
717-243-6055
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property al~er the Sheriff's
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 who will
assume the mortgage debt.
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 ACTION 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 ASSIST 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
CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin
2000 Linglestown Road 31 West 3~ Street
Harrisburg, PA 17102
(717) 541-1757 Waynesboro, PA 17268
(717) 762-3285
It is only necessary to schedule one face-to-face meeting. You should advise American General Finance,
Inc., immediately of your intentions.
Herbert P. Henderson, II
Attorney for Beneficial Consumer Discount Company
36 East King Street
Lancaster, PA 17602
(717)295-9159
pc: American General Finance, Inc.
hundred ninety-oil, h! (1~95)
BETWEEN DENNIS L. I'OIITIIR :md DEIIRA L. PORTER, husband nnd Win'e, of
Comberla~ Courtly, Pcnnsyl~aia
G~ORS
DENNIS ~. f'OI~R, ofCum~rland Coumy, Pennsylvania
G~NTEE
WITNESSETH, thai in consideration of One Dollar ($1.00), in h~nd paid, ibc mcelpt whereof is
hereby ~knowledged, the said Gtanto~ do he.by ~nt and conv~y to the said Gr~tee, his heirs
and ~signs:
A~L THAT CERTAIN Intel or lot of ground w/Ih Ihe improvemellls dleron e~led/ilunle
Ihe Village oiPluinlield To~shlp Or West Pennsboro COunly of Cumberland, and S~lc of
Pennsylvania, and ~un~cd nad described as follo~:
BEGINNINC at n post in ll~e road rmm Mt. Rock to Hcpbum's Mill {l~ow called Burgner's
Mill); thence by said road South 59 ~ deg~ W~I, 9.54 pe~hes ~ a post; thence by lot now or
formerly of Alit ~ nkenbinder, No~h 5 ~ de~ West 1 ~.l pe~lles Io a posl; Ihence by
n°w°rformerlyoiSnmuelShnn~baugh, Northg2degr~sEnsh$.72perchestonpost; ~en~e by
tM ~me, ~uth 5 deyees West. 10.~ perches {o Ih~ place of IIECINNINC. Comninlng One
Hundr~ and One (01) perc es more or I~s and being improved with n frame d~lling house.
BEINC Ihe same property which Lydia R. Wa~er, by her Deed dated September 10, 1916, nad
s'ecorded ia ~he Ol~lce o~lhe R~order o[De~Is in nad [or Cumberlns~d County in D~d book
"E", Volume 32, Page 624, granted and conveyed unto Demlis L. Porter mid D~b~ L. Porter,
Husband ~nd Wife.
TtlIS IS A NON-TAXABLE T~NS~ER for Pemlsylvanin il'a~ tzx put.sos Ii'om
husbaad m~d wi~e ~o husbund.
hereby conveyed.
IN WITNESS WNEREOF, rite said Grantors have hereunto set (I/.eir hands and seals the day
and year first above written.
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
ON THIS, the / c~-~ day oF ~/'~c.g;~ee' ,1i998, be~m~ me, the
undersigned o~cer, persoaally np~a~ Dennis L. Porter, ~lown to me (or satisfactorily
proven) to be tire ~rson whose ~me is subscribed, to the within {nStrameat, and acknowledged
{hat he ex~uled {he ~nnle rot the po~0~s the~in con{ained.
~ WI~ES$ WHEREOF,
COMMONWEALTH OF PE~SYLVANIA )
:SS.
CO~W OF CUMBE~AND )
oadersigiled officer, personally appeared Oebra ~ Pot[er, known tO me (o~ satisfactorily '
p~ven) ~o be the pe~on who~ nmne is subseribed to Ihe wilhin instrument, and ac~o~l~e~""
lhat she executed Ihe same for the pu~oses therein contained.
IN WI~ESS WHEREOF, I hercumo set my hand and o~cla~ se I. ' ' '
! do hereby cordite, d~a[ thc precise residence and complete porn olt~¢¢ address
named Grantee(s) is:
COMMONWEALTH OF P 'F~SYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
19'1~ , in ! e Recordcr's Office of II~e said Couni¥, in D~d Book
written.
, Recorder
· Complete items 1,2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· F~rint your name and address on the reverse
so that we can return the card to you.
· · Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
[] Agent
Addree~ee
Is delivery address different from item 17 [] Yes
If YES, enter delivery address below: [] No
3. Service Type
~'~'ertified Mail [] Express Mail
[] Registered ,l~"Return Receiptlfor Merchandise
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
2. Article Number
(Transfer from service labe,) q ~/)~
PS Form 3811, March 2001
d60 OOI."Z
Domes~ Return ReCeipt
Certified Fee Postmark
Here
R~urn Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
.......................................
~'t~-et, Apt. No.; o'r- ~6- ~i-~x No.
SHERIFF'S RETURN -
CASE NO: 2001-06645 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
AMERICAN GENEP~AL FINANCE INC
VS
PORTER DENNIS L
SHAWN HARRISON
REGULAR
Cumberland County,Pennsylvania,
says, the within COMPLAINT -
PORTER DENNIS L
, Sheriff or Deputy Sheriff of
who being duly sworn according to law,
MORT FORE was served upon
the
DEFENDANT , at 1805:00 HOURS, on the 7th day of December , 2001
at 27 BACK STREET
PLAINFIELD, PA 17081 by handing to
ROGER SHUGHART, ROOMMATE
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 3.25
Affidavit .00
Surcharge 10.00
.00
31.25
Sworn and Subscribed to before
me this ~ day of
~~ ~w)! A.D.
i ~Prothonotary '
So Answers:
R. Thomas Kline
12/10/2001
KENNETH REIDEI I ACH .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC., :
Plaimiff
VS.
DENNIS L. PORTER,
Defendant
ACTION IN MORTGAGE
FORECLOSURE
TO: DENNIS L. PORTER
DATE:
December 31, 2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
REIDENBACH & HENDERSON
Herbert P. Henderson, II, Esquire
Attorney for Plaintiff
Attorney I.D. #56304
36 East King Street
Lancaster, PA 17602
(717) 295-9159
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, 1NC.,
Plaintiff
VS.
DENNIS L. PORTER,
Defendant
ACTION IN MORTGAGE
FORECLOSURE
TO: DENNIS L. PORTER
PROOF OF SERVICE
I, HERBERT P. HENDERSON, II, ESQUIRE, ofReidenbach & Henderson hereby
certify that on December 31, 2001 I mailed by first class mail a copy of the Notice of Intention to
Take Default Judgment in the above matter upon the following:
Dennis L. Porter
27 Back Street
Plainfield, PA 17081
REIDENBACH & HENDERSON
By: [~ ~
Herbert P. Henderson, II, Esquire
Attorney for Plaintiff
Attorney I.D. #56304
36 East King Street
Lancaster, PA 17602
(717) 295-9159