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Home My WebLink About00-07127 ,,~-- .. ... , ""<i~>.i " " 'lrh:"'oj .. FEDERMAN AND PHELAN, LLP By: FRANKFEDERMAN,ESQUffiE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (? 1 'i) 'ii'i1-7000 COURT OF COMMON PLEAS CIVIL DIVISION ATTORNEY FOR PLAINTIFF OLD KENT MORTGAGE COMPANY 4420 44TH STREET, SUITE B GRAND RAPIDS, MI49512 TERM Plaintiff C/()'\L;-~ v. No.Do- 7/-;'7 CUMBERLAND COUNTY JOSEPH PEKALA CHERYL PEKALA II SHARON ROAD ENOLA, P A 17025 / Defendant(s) CTVIl. ACTTON - LAW MORTGAGR FORF.CT.OSTfRF NOTTCF **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY 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 DEBT, 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 YOUDO 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 ZLIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 1228352 L,~ ".~.;;;" , 1. Plaintiff is OLD KENT MORTGAGE COMPANY 4420 44TH STREET, SUITE B GRAND RAPIDS, MI49512 2. The name(s) and last known addressees) of the Defendant(s) are: JOSEPH PEKALA CHERYL PEKALA 11 SHARON ROAD ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 3/31/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HOMESALE MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1530, Page 883. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subj ect to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 611/00 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. -, " ~. - ~ .,. .~ I . - ,~ ~, . ~ 6. The following amounts are due on the mortgage: Principal Balance Interest 511/00 through 10/1/00 (Per Diem $22.00) Attorney' s Fees Cumulative Late Charges 3/31/99 to 1011/00 Cost of Suit and Title Search Subtotal $113,137.32 3,388.00 4,000.00 342.18 55.OJlQ $121,417.50 Escrow Credit Deficit Subtotal 0.00 4.lL8.1 $ 4,1 R7 TOTAL $121,849.37 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 $121,849.37, together with interest from 10/1100 at the rate of $22.00 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~ /r::./ Fr:::.nk Fp.op.rm:::.n FRANKFEDERMAN,ESQUIRE Attorney for Plaintiff "", , . , ALL THA~ CERTAIN ~oe of ground s1euaee in Ease pennsboro Township, CUmberland County, Pennsylvania. more particularly bounoed and described as follows: BEGINNING at a point on tne South side o~ Sharon Roed (40 feet wide) as shown on the hereinaf~er men~ioned Plan of Lots. ae ehe dividing line be~ween Loes Nos. 10 and 11 On said Plan; chence SOuth 3 degrees 4 minutes East along said dividing line a discance of one hundred eighty (1BO) fee~ to Lot No. 12; thenee Norch 85 degrees 25 minutes West along Lots Nos. 12 and 13. a dis~ance of e1ghty (BO) feee to Loe No.9; thence along said Loc No.9, NQrth 3 degrees 4 minutes West, a distance of one hundred eigh~y (~eO) feee eo the Soueherly line of Sharon Road; ehence along the Sou~herly line of Sharon Road South 85 degrees 25 minutes East, a d1stance of Eighey (BO) feee eo Lot No. 1~. the place of SSGINNING. BEING Lot No. 10 in the Plan of Lots known as Penn Heights. said Plan being recorded in ehe Recorder of Oeeds Office of Cumber~and Couney in Plan Book 6. Page 28. BEING ~HE SAME premises which Mark C. Mummert and Mary Ann Mummert by deed dated July 29. 1994 and recorded. in the Office of the Recorder of Deeds in and for Cumber1and county, Pennsylvania MOK :196 PAGE 850 - 1-" .1 VERIFICA nON FRANK FEDERMAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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. :;- ~ 'J:~~~. DATE: It/l3/rrM , .....""1 '~ "' &!i1!&liilililil~~lf#Ji~il:I~t",*>liil!/i..~ll;l";;j,;-~"J.M";;~,;!,\;c<,k.'l.1~..::-__;',,Jct:..i_"",,,,,,,",,i,,,,~~-\a~"""!'!liW~ldlilllilii~~Iil~~ilr~2r~~' m-" '"--' ,,~~~.-c ,~,I' ,'" """"~,,~,,., "~'",<~~,_~ __.~, >-'_,.' ., ,- "'","~. ,,~, ,,~ ',v<-1', $, ........ () t-J ~ (Q () rt. ~ .~ rAl '::.\1 () ~ .10 B -- ~ ~ lr70 . . gt); ( -cJy) p:: Pf ~t ~I-- (") c <"" ~g>~ t5:)~ ~~ ._1-:_~ r-' ~-:;r, )>r: z -"l -< (-) 6 C::J (") -l 1;) ;;? (y", -'j-r'. ':=-':J () ." :::::r ~"D :1';: ~) rr! '-..--< u_, ..,..; :'XJ -< "" , " '-.l. "~I ~- ;.-.-~, ~"i ~ SHERIFF'S RETURN - REGULAR . CASE NO: 2000-07127 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OLD KENT MORTGAGE COMPANY VS PEKALA JOSEPH ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to' law, says, the within COMPLAINT - MORT FORE was served upon PEKALA JOSEPH the DEFENDANT , at 0018:00 HOURS, on the 18th day of October ,2000 at 11 SHARON ROAD ENOLA, PA 17025 by handing to CHERYL PEKALA 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 18.00 9.30 .00 10.00 .00 37.30 So Answers: ~~y~~.~ R. Thomas Kline 10/19/2000 FEDERMAN & PHELAN Sworn and Subscribed to before By: /,1~~ Deputy Sheriff me this .J 3ML day of (j)~ .;;L.irVtJ A.D. -----"\ L)~J;;oao~1:~ / , ~ .~ , "~e~' _ " ~~=~" I~--~,..:.. ~. r ~:-'''~'iM''-, . SHERIFF'S RETURN - REGULAR r CASE NO: 2000-07127 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OLD KENT MORTGAGE COMPANY VS PEKALA JOSEPH ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEKELA CHERYL the DEFENDANT , at 0018:00 HOURS, on the 18th day of October , 2000 at 11 SHARON ROAD ENOLA, PA 17025 by handing to CHERYL PEKALA 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 .00 .00 10.00 .00 16.00 So Answers: ~~~~~~ R. Thomas Kline 10/19/2000 FEDERMAN & PHELAN Sworn and Subscribed to before By: ?rkA4~{~~ Deputy S erlff me this ,:(3 A4L day of @~ /jL.0V1J A.D. Ck:tho0;t~ ~~ ~ - -- J ,;; ,,', - -~-"__~'''-'',''C~k!!l!o:?_ Jp FEDERMAN AND PHELAN, LLP BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLArnTWF Court of Common Pleas Civil Division Plaintiff v. Cumberland Connty Joseph Pekala Cheryl Pekala Defendants No. 00-7127 STATEMENT OF INTENTION TO PROCEED TO THE COURT: The above-referenced foreclosure action is protected by the automatic stay provisions of the Defendants, Joseph and Cheryl Pekala's Chapter 13 Bankruptcy filed on September 7,2000 at Docket No. 00-03894 RJW in Middle District of Pennsylvania. Plaintiff intends to proceed with its above foreclosure action should the Defendant's Bankruptcy be dismissed or Plaintiff receives relief from the automatic stay. Date:~ ~ k. ~eh-"'^O-- Frank Federman, Esquire Attorney for Plaintiff ~ ,: ,_,' -'~"_~"'C,k;,.:,~ ci 11ll~~1fudf.'>;H;.;lid'ir.lfr~I"~i!<d,r",,*d'""'i.ldi<'';'.01;~;,~j'iC.;.'''jU'''-'_~;",L''''''Jii,~;;.h~";w,litl~~lIlf>'F''~ "~~--"""",," ^ ,,- ''''''''''I'<",.,~."'",,,,,,..,-_~. =_ c . ".""'_ '. 0, "0' .-" --,- ,,,' ~it--~"'" nn , ',~..,;~ . h_. .. - ~, ~, '" (") c::,. C) c: "~,~, -n s: 0 ""0(..0 c""") "T'" 92 ~I~ -l i'::-: 65 :I~: ; .. :;..~ 0"' .c, \ ~::'J": '":::;C} r:::c: -,':~ 'r~ -!, ~'-" I~~ Zc -,"'- >c w -, z: ,'V -:.:.> ~ "0 (,,;) :::::: Ii' ,i'" -.^--~ . ~(, -, -, RHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff Civil Division vs. CUmberland County Joseph Pekala Cheryl Pekala Defendant( s) No. 00-7127 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. ~ :;f!tL-~ Francis S. Hallinan, sqUIre Attorney for Plaintiff Date:~ PHS# 41264 l~~iI.lWii"iJt~~&~~ili,,~.miilibt~,ilir~~.A,;,>,;!iiliI.~~;;g,-M~N~o,;,,~Ii;!i.~jl~~~~MIIil~~~j i """"--" ~.~ I "" ",. ,--, "- -~~," ~ ~" "- ,",",,""-"" ", ". I, c~ - 0 ~ 0 = ~ = "T1 ~- "" ""1J tf Cl ..-J =1=-n q} f , co rtl;=:.:: -1 , -;;:1m (j', ) o~ ?s? ~".--" c: . "....,:'---' >"" ( -0 ~~~~ ..~;.~ Co - :;; c ~ z ~ .--' -< Cl 0< IE'