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Home My WebLink About00-07892 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO, 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (71';1 ';/11.7000 ATTORNEY FORPLAlNTffF COURT OF COMMON PLEAS CIVIL DIVISION PRINCIPAL RESIDENTIAL MORTGAGE, INe. 711 HIGH STREET DES MOINES, IA 50392 Plaintiff TERM NO. 60 - 'Jf9~ e, CJ ~ l/ER.fr1 v. CUMBERLAND COUNTY EL WOOD R. GUTSHALL, III LA VONA K. GUTSHALL 21 MOUNT ROCK ROAD NEWVILLE, P A 17241 Defendant( s) CIVIL ACTION - LA W MORTGAGF FORFCI,OSTllU: NOTICF "TillS 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. ff YOU DO NOT HA VB 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, P A 17013 (717) 249-3166 Loan #, 10783348 - "".~-.",,'9'~- . , ' 1. Plaintiff is PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 mGH 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 21 MOUNT ROCK ROAD NEWVILLE, PAl 7241 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, INe. 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, '~""''''''''''"f' ,'=~ t ~, ~. ~-, , 6. The following amounts are due on the mortgage: Principal Balance Interest 3/1/00 through 8/1100 (Per Diem $1934) Attorney's Fees Cumulative Late Charges 5/30/96 to 8/1/00 Cost of Suit and Title Search Subtotal $83,056.45 2,97836 4,000,00 136.67 lli.ilil 90,721.48 Escrow Credit Deficit Subtotal 219.15 llJill 2lll5. TOTAL $90,50233 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 Sheriffs 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 $90,50233, 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. 2-d-1~ Is/ Fnmk FeClenna~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -F"''''''''"'~~~ . ~I . ~~~ ~- ".,.~-~~-~ ""- , '. ALL tll.t cutdn tract or l.nd altuna In Uta Town.lIlp or lIut Pann.b~ro. county ot Cwab.~land .nd St.t~ ot '~nnsylv.nl., baunJad and da.crlbaJ as tolluws: On tna South by tho ftt. Rock Ro.d/ on tll. W.at by peoputy Euqenc Dlehl; all Ua. Koetll lIy . tWenty (ZOI toot .ll.y .nd 011 tn. Eaat bY propoety or R~te~t E. Sw.~~&. Cont.lnlnq in front along tho Ht. 'u~k Ro.~, on. hunJrad tltty 11~OI taat and .aten41nq In deptn two hunJrad 11001 :aot to s.id .lley all tho Harth and b.inq coavuaed ot Lots ""s. 1ll-llt , no 01 phn or lotio Iul..wn aa 119 5pdn9 Halqllta, Extanalon No. I, aco;urdln'i to tha pl..n at lots .s hid out an'" adopted by Andraw "CLlwaln and racordad In Cu"adand County In Pl"n Beek II.., t, 'ol']a U. Eacaptlnq .nd r.sarvlng tnoratro.: ALL thllt cartain teact 01 1.nd sitUolU In tho To"nshlp ot Weat Pannsb"ro, County ot Cuabaeland .nd Statu or Pennsylvani., boundod and d.acribad a. rOllo"a: On the South bY tha Ht. 'ock Ro..../ on tha Wast by 1.no.l or Olher P. Het;kendorn, at U.; Ull th" lIeftll by . t"cnty (Z01 toot allay, and on tha I..t by otha~ land at Lutllee E. Ollar, at vx. Containinq In teollt alQ~q tlla Ht. .ock Ro~d twenty- Ilve 1251 reet and .xtandlnq ln deptn two hundrad (1001 t..et to aald aU.y on tll. Hortll and b.lnq cOllpo:;o:d at en" w.~tern halt 01 Lot No. U. 01 the flan of Lota kno"n as 11; Sprlng Heighe., Eatension No. I, &ccoedtnq to Lno ,lan 01 Lots .s laid out &nd &d..pUd bY Andrew HcE1wdn and ncorJolJ In" CUaberl.nd COI.Iftty ln Pl.n look Ho. 4, '.'11 16. BEING & pert of Tract 110. 1 whlch Andrav HcEl"aln, .t I.IX, by thair dud dh:,d lI.y n, 1941, .nd r:ecorl1t:d in tIla CUItb.cland County Recorder's 'ftica 1n D.,d Ilook .C", Voi. U, PAq8 2", qranead and cQny.y~ '0 Luthar t. Oll.r And Oaisy E. Ollar, husb.nd .nd wU.. An.i Luth.r ~. Oil'e dl,d .\:It''(~b,.. -a, I ."111"" _, tner.by vo:sting the tull l.a own.ralup in Daisy E. OUar. PREMISES: 21 MOUNT ROCK ROAD I 'I -'~..,,""""'" ~ VERIFICATION VICKIE JAKSICH hereby states that she is FORECLOSURE MANAGER ofPRlNCIPAL RESIDENTIAL MORTGAGE, INC, mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S, See, 4904 relating to unsworn falsification to authorities, .\j~ DATE: ~ / q 100 . ~,;,-"'''' i.3 ~ ~ ,~~ I ," ~~ "' ~~ ' "' ... ..flit..... '.'iiilIW'1"r1ILUIIT AJ D ~ "&Q. ~ .t' '*- ~ .~ () CO <::::;, C.') c: 0 -'n 0) ~ . S:~ z 8 ::,j CI't "'Ot7:' ':::> -" -=D --- ...c f'Tii'T'i "~ () 2:::0 , () D zc , ':~~:8 I ~d7": CO W -. rE r-r:~\ ~~)I ~ cY ~ '< -. ;:;.'1'< ~~}G J?'O -::J: ~ 20 S' cSn~ Pc: ( ~ :z ,:,..;l ~ =<! ::n 0:> -< ~"~ P_'i"I_"_~~_~~W:~~~!;\'!~""'W'l<tl""i-<"!.'m"'r~'H'''''''i''''''''~'''il''~i!~~?f'1l''!,:t~~'_.IlI!i1l!$lI""___~_1IlJl -, PRINCIPAL RESIDENTIAL MORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, CUMBERLAND COUNTY vs. NO, 00-7892 ELWOOD R. GUTSHALL, III LA VONA K. GUTSHALL Defendants. ENTRY OF APPEARANCE Please enter my appearance on behalf of Elwood R. Gutshall, III and Lovana K. Gutshall in the above captioned matter. 1ftd~r'f} .... ~ Bar Identification No. 10264 Attorney for Defendants P.O. Box 40 20 East Burd Street Shippensburg,PA 17257 !i :. , ."-,,,~,.., CERTIFICATE OF SERVICE The above pleading was served upon the following by U.S. Mail, Postage prepaid this ~ I' day of December, 2000: ;'1 1bfipfiJ ;',1 , '-I re! ;i P.O. Box 40 20 East Burd Street Shippensburg, P A 17257 'i Frank Federman, Esquire One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 ---- ~ =~ I y- --'"-,~-, ~,"" ,. --~ ~,~. c~'., -' ,"~,., c LJ. r J 'I' (') c::> ,-;;; c 0 ~: ::::J ;:ReD i'f1 ".::-J.] -8 n 2._u , ZC en ~o (f)-d""::': N 'r -<..'~ C) ~C:J :t'..... _".=.::.J ~O :;l: ;~~ );0 ,,_J C- o;:;! Z U1 ~ .Co') (" =< - ~A,.,.,.~ "~~_~""""""_~_I~-""'''_~"tJ!_~~@l"1'~~''J1''-*'''>'.m'''..",,,,:,,~~f'if'''':'''(,jL~~'f',l'~"'*~\\'''~'",",,_''''~~m\!l_il'l' - . , ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-07892 P COMMbNWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS GUTSHALL ELWOOD RIll ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE GUTSHALL LAVONA K the DEFENDANT , at 0012:40 HOURS, on the 30th day of November, 2000 at rOE: NEWVILLE POST OFFICE NEWVILLE, PA 17241 SOUTH HIGH ST LAVONA K. GUTSHALL by handing to a true and attested copy of COMPLAINT - MORT FORE together with NonCE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 6.82 .00 10,00 .00 22.82 Swo~n and Subscribed to before me this re- 1.< . day of ~ ,2,n;-i) A. D, a~ prothonotary'~ So Answers: ~~.-" /df~,.,....1" ~...;~ ,"-",<.~'f. , 7 .... '. R. Thomas Kline 12/07/2000 FEDERMAN & PHELAN UO-llJy\ ~. ~ Deputy Sheriff By: , SHERIFF'S RETURN - REGULAR . ' .. CASE NO: 2000-07892 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS GUTSHALL ELWOOD RIll ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GUTSHALL ELWOOD RIll the DEFENDANT , at 0011:49 HOURS, on the 6th day of December, 2000 at 21 MOUNT ROCK RD NEWVILLE, PA 17241 by handing to AMANDA SWARTZ (GIRLFRIEND) 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 6.82 .00 10.00 .00 34,82 ~~~~~~e R. Thomas Kline 12/07/2000 FEDERMAN & Sworn and Subscribed to before By: me this 16-~ day of 7:J; ~ AD t2~ prothonotary.~A~ . FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff PRlCIP AL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CML DIVISION vs. : NO. 00-7892 CIVIL TERM ELWOOD R. GUTSHALL, III LA VONA K. GUTSHALL 21 MOUNT ROAKROAD NEWVILLE, PA 17241 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against ELWOOD R. GUTSHALL, III and LA VONA K. GUTSHALL, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 8/1/00 TO 12/19/00 TOTAL $90,502.33 $2,726.94 $93,229.27 I hereby certifY that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, ,,'" (2) O"ti~ '"" """ ~,~ io oo""""",,,with Rill'~ FRANKFEDE' ,ESQUIRE Attorney for Plaintiff DAMAGES ARE HEnEDY ASSESSED AS INDICATED. ~ DATE: al::u"/I"';0 fJ..I;d;:.) ~. I I PRO PROT " "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, BlJT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. 'W"'"T'-=-""_, FEDERMAN AND PHELAN "Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS PRINCIPAL RESIDENTIAL MORTGAGE, INC. CIVIL DIVISION Plaintiff vs, CUMBERLAND COUNTY ELWOOD R. GUTSHALL, III LAVONA K, GUTSHALL NO, 00-7892 Defendant(s) TO: ELWOOD R. GUTSHALL, III 21 MOUNT ROCK ROAD NEWVILLE, PA 17241 OF NOTICE: DECEMBER 4. 2000 fILE C(J THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COL~4'~ A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. DATE IMPORTANT NOTICE You are in default because you have failed 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 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff 'I_c,,,,~,,,,,,,,,,_ _,'"'1'= FEDERMAN AND PHELAN "Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INc. COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY ELWOOD R. GUTSHALL, III LA VONA K, GUTSHALL NO. 00-7892 Defendant TO: LAVONA K. GUTSHALL 410 MOUNT ROCK ROAD NEWVILLE, PA 17241 fILE COPy DATE OF NOTICE: DECEMBER 4. 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff ....... FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103.1814 (215) 563-7000 PRICIPAL RESIDENTIAL MORTGAGE, INC. Attorney for Plaintiff : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 00-7892 CIVIL TERM ELWOOD R. GUTSHALL, III LA VONA K. GUTSHALL Defendant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant ELWOOD R. GUTSHALL, III is over 18 years of age and resides at 21 MOUNT ROAK ROAD, NEWVILLE, P A 17241. (c) that defendantLAVONA K. GUTSHALL is over 18 years of age, and resides at 410 MOUNT ROAKROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pac C.S. Section 4904 relating to unsworn falsification to authorities. k?f1)A~' FRANK FEDE ~ Attorney for Plaintiff - ',",,",,"""",'~ . - (Rule of Civil Procedure No. 236 - Revised) PRICIPAL RESIDENTIAL MORTGAGE, INC. : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CML DMSION vs. : NO. 00-7892 CIVIL TERM ELWOOD R. GUTSHALL, III LA VONA K. GUTSHALL Defendant(s) Notice is given that a Judgment in the above capgoned matter has been entered against you on DECEMBER ,;),6 ,2000:' ,. , " J3y 4(2,.# ,2 ~ S,~;1)EPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **TIllS 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 TIllS DEBT WAS NOT REAFFIRMED, TIllS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, ** '"'"='-';",1'< 'r~ . --~ ,~ "~ .~y-,,-.,-~ _.~ ~.~ -,~ ~ "'~,- ... ~lii '0. :" t N ft ~ () (,,7.) 0 ~ C c:> j ~ g -'~ a ::C-o. ,_0 - "1:) r:o r-q R b ~2~F: C) ~ -"'....~ f'-....'t ~ th:r:: c:} - , ~ ~ ~ ;:0; E'; ~v ;< 0' ~ l>r"k _:1~ z'" ~(j ~CJ ..) ~ 1- PC --, ( :z '.>'.) ~!"::~ --'1 -~-, -< cT- .< '.0 '- ...."._ '~""1'~_JW!"""IWIJ!~~'.Rli-v""'\'9""l"".z'~;'''''''''''''"''l'!'"''''i','''~''''_KI!'!llI'"!lffil'_,\'\1(f!'J~~)'ll<I~>:1_'!I-'/l_"",~"'~"""':"",,,~..,'r"r;~'''''''''-';:o<~':'''''_''P""-~-~"~~'r-'2!-"I',,^~'i"l"'~';'~-"''''-4f~'*OW:'ffl'lHl'''''a'~ "~P