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Home My WebLink About00-06604 _.;,IA- -.,.. ~"- I._".~- .._,~'''''I.~ 1_- " i _ ';~___~__-"''''' m_ '~'. ' .... FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (?1 'i) 'in,-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392 TERM Plaintiff NO. CD - /R!R() c( t;J v. CUMBERLAND COUNTY ELWOOD R. GUTSHALL, ill LA VONA K. GUTSHALL 405 MOUNT ROCK ROAD NEWVILLE, PA 17421 Defendant(s) CTvn, ACTTON - LA W MORTGAGF. FORRCT ,OSTJRF NOTTCR **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVTOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A VEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 10783348 ~ - . , '.-'-:J --A ,,; ~.-!;i ... 1. Plaintiff is: PRlNCll'AL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392 2. The name(s) and last known addressees) of the Defendant(s) are: ELWOOD R. GUTSHALL, III LA VONA K. GUTSHALL 405 MOUNT ROCK ROAD NEWVILLE, P A 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 5/30/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CONSUMER FIRST MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1323, Page 14. By Assignment of Mortgage recorded 5/31/96 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 521, Page 227. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. ... - . l ~~ , , ,l , . ,O,C ~.", ,~>,;:"' ;;"'1<-'"';':",~,lt,;o' '. '.; ':"'" ,'.--~ii """:,-,,,;'1 '""-'-.'- 6. The following amounts are due on the mortgage: Principal Balance Interest 3/1100 through 8/1100 (Per Diem $19.34) Attorney's Fees Cumulative Late Charges 5/30/96 to 8/1100 Cost of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal TOTAL $83,056.45 2,978.36 4,000.00 136.67 5..5..O..ill.l 90,721.48 219.15 !LOll 2.l9...l5. $90,502.33 7. 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 party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in = Judgment against the Defendant( s) in the sum of $90,502.33, together with interest from 8/1100 at the rate of$19.34 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~..:r~J /~/ Fr:mk Fp.nf':rn1::lTI FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '""'''''''''''''~~ _J ~ ,I , ^ - ilj ... , ',.... ALL THAT CERTAIN tract of land situate in the Township of West Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows: ON the South by the Mt. Rock Road; on the West by property Eugene Diehl; on the North by a twenty (20) foot alley and on the East by property of Robert E. Swartz. Containing in front along the Mt. Rock Road, one hundred fifty (150) feet and extending in depth two hundred (200) feet to said alley on the North and being composed of Lots Nos. 128-129 and 130 of plan of lots known ~ Big Spring Heights, Extension No, 1, according to the plan of lots as laid out and adopted by Andrew McElwain and recorded in Cumberland County in Plan Book No.4, Page 16. Excepting and reserving therefrom: ALL that certain tract of land situate in the Township of West Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows: ON the South by the Mt. Rock Road; on the West by land of Oliver P. Heckendorn, et ux; on the North by a twenty (20) foot alley, and on the East by other land of Luther E. Oiler, et ux. Containing in front along the Mt. Rock Road twenty-five (25) feet and extending in depth two hundred (200) feet to said alley on the North and being composed of the western half of Lot No.. 128 of the Plan of Lots known as Big Spring Heights, Extension No.1, according to the Plan of Lots as laid out and adopted by Andrew McElwain and recorded in Cumberland County in Plan Book No.4, Page 16, PREMISES ON: 21 MOUNT ROCK ROAD, NEWVILLE, PA 17241 ,-"''''''~< ~ .. '. ,,-..... "'" 'I ~. -~-, -"'" - .I~ VERIFICATION VICKIE JAKSICH hereby states that she is MANAGER OF FORECLOSURE of PRINCIPAL RESIDENTIAL MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Veriflcation, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. 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. \]~ DATE: CJ ~DD '..:o'""""k.._ '~ -''WM;Ell!Oili~ii'~li!~iilil~!!;;j;!1'W.h!@l'<'il!I!iNg~~'m:i1'''i~_~'bl",lJ:;)til_c;\l'~l"'"~~~,~ l~ ,."',,,,-c <"-- 1oL~ ~,~"""",,",,-.J'~'^'~"~ - l~ ~ #' er; ~~ ~ .~ i ~ ~ ~ '<.,. ~ .~ ~ \ G ......... ;;::: ~ ~ ~ ~ L ~. " ~ ~ .~ () c -0": n_DJ ~5'? c/52:-- ~/" ~C::i )> ZCi ",C "-c z =<' ..- - ;. i: ....", " -'.. I" ! ... ~ D G v, ,..,.., '-0 () -1'") "" co ..,~- :I::.:: :.n ,,.;; '..J ~ :JJ -< ~-""'';!,~,'' , ~ <' " I.j"...~~._~ " ~ .l'"" ._~ SHERIFF'S RETURN - REGULAR , . .., CASE NO: 2000-06604 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTAIL MORTGAGE VS GUTSHALL ELWOOD RIll ET AL HAROLD WEARY I" _,II ~ iili!t--.,~.'i , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE GUTSHALL ELWOOD RIll was served upon the 2000 DEFENDANT , at 0018:20 HOURS, on the 3rd day of October at 21 MOUNT ROCK ROAD NEWVILLE, PA 17241 AMANDA SWARTZ (GIRLFRIEND) by handing to a true and attested copy of COMPLAINT - MORT FORE FORECLOSURE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.82 .00 10.00 .00 34.82 Sworn and Subscribed to before me this /o!!:' day of {Ju;:t,. ~ ~ A.D. Q1~' Q /kdjh , ~ r thonotary ( So Ans~. A _~ ~ f'- R. Thomas Kline 10/04/2000 FEDERMAN & PHELAN By: 7L..-tAl ~../~4A"; Deputy Sheriff ~ ,"'--..,m."W;,!!'"",.....~ ~~ . "-~," - ti.., . SHERIFF'S RETURN - REGULAR .... CASE NO: 2000-06604 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTAIL MORTGAGE VS GUTSHALL ELWOOD RIll ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,~ennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GUTSHALL LAVONA K the DEFENDANT , at 0018:14 HOURS, on the 3rd day of October ,2000 at 410 MOUNT ROCK ROAD NEWVILLE, PA 17241 by handing to LAVONA GUTSHALL a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 5.58 .00 10.00 .00 21. 58 ?~~R R. Thomas Kline 10/04/2000 FEDERMAN & PHELAN Sworn and Subscribed to before By: 7~-c4'~) /"'A'"r Deputy S eriff me this /0 1!2- day of @~ c2ov-v A,D. *a_~_~ rothonotary . i.-" ", "~~,~_I H-- " ',OJ \Ii<' PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 JolmF. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Principal Residential Mortgage, Inc. ATTORNEY FORPLAINTWF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Elwood R. Gutshall, III LavonaK. Gutshall Defendant(s) No, 00-6604 PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. _Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. _Please withdraw the complaint and mark the action discontinued and ended without prejudice, Date: Qh-4cC ~aN\"~ ~ Francis S. Hallinan, Esquire Attorney for Plaintiff Iid_' ~JI1<"'''''''''.c'',"",._'''''.!Ml.''''''''''''''''_'ti!.,,,,h,_,_''''i....,'i . ..>.h>iIIIIi~' I~ ,", ',,' o c: ...". ~. ~~~r! 0;:~~ ~,~~ ~~~ ::;2 .,'- ,... ....' = = "'" </> rT1 -0 N cr, ~ s:!-n rnp -orn =oJ9 o. _,0 -TJ-n -"- --n. Q(; 6rn -, ?Xi -< -0 ::K W ~, Ii 'I I I I I .