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HomeMy WebLinkAbout01-07000 ""'" , , ',,"'i;'-",,,o., ~ ~ ,=~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (? 1~) "\1-7000 ATTORNEY FOR PLAlNTIFF COURT OF COMMON PLEAS CIVIL DIVISION PRINCIPAL RESIDENTIAL MORTGAGE, INC 711 HIGH STREET DES MOINES, IA 50392-0780 TERM Plaintiff NO. 61 ~ ^fOOo Clu:l ~f2..."t CUMBERLAND COUNTY v. NEIL J. BEAR LOREA G. HOWE 1077-12 LANCASTER BOULEY ARD MECHANICSBURG, P A 17055 Defendant( s) CTVTT. ACTION - T,AW COMPT ,ATNT TN MORTGAGli'. li'ORRCT ,OSTTRR NOTTCli'. **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 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 #: 001552550-4 ,,:'" ,~ ~ .. -.- - ..,.,~- ~. ,^' , ' '"~"'0?'f~lIj_,L'-,~"", "",'.'" IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT. OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. .. "~ ~,' I J" ., ,'" ~ "~"~,.""" ~ ,,~- ...... I. Plaintiff is PRINCIPAL RESIDENTIAL MORTGAGE, INC 711 mGH STREET DES MOINES, IA 50392-0780 2. The name(s) and last known addressees) of the Defendant(s) are: NEIL J. BEAR LOREA G. HOWE 1077-12 LANCSTER BOULEY ARD MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/26/01 mortgagor( s) made, executed and delivered a mortgage upon the premises hereinafter described to CARDINAL FINANCIAL COMPANY, LIMITED PARTNERSHIP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1703, Page 467. By Assigmnentof Mortgage recorded 5/1 % 1 the mortgage was assigned to PLAINTIFF which Assigmnent is recorded in Assigmnent of Mortgage Book No. 674, Page 556. 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 7/1101 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-;,*,M'}"i!!li~l[,.,,~,~? . ',' , ,~ ,,_'~~""1<' ""~-'I""""-~......,~~ ~ " :c. 6. The following amounts are due on the mortgage: Principal Balance Interest 6/1101 through 12/1101 (Per Diem $14.20) Attorney's Fees Cumulative Late Charges 4/26/01 to 12/1101 Cost of Suit and Title Search Subtotal $79,777.81 2,612.80 1,250.00 145.25 55llil.D. $84,335.86 Escrow Credit Deficit Subtotal 103.84 ll..lJQ (!I; 101 R4) TOTAL $84,232.02 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 $84,232.02, together with interest from 12/1101 at the rate of$14.20 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. t-~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 'H'::i-;;~'~""-~':!"'I.'J.J.", , ,'i c " '," ~, ~~ ~ I ","~, ~ mr " 'ALl; THAT CERTAIN dwelling Unit situated in Sunguild Condominium, Upper Allen Township, C'Jr.1berland County, Pennsylvania, designated as Vnit No. 1077-12, in t.he Dec:aration and [),'ciar:ltion Plans of SunguiJd Condominium, dated December 6, 1979 and November 29, i<.::l7Y, re::>pecb.vel)', recorded December 12. 1979 in Curnbedand County N!isc. Book '249, Page i;";";', .:1!1d Plan Sook 37, Page 23, respectively, and Amendm~nt to the Dcclaratinn 3.T1c. [)ec~aratio:l Plans of Sung1.lild Condominium, both dated F'ebruary 28, 1986. bot:" recorded ~ll.1[C:;~ 31, 19Bh in Curnberland Coun':.}' Misc. Book 315, Page 804, and Plan 800K 49, Page : ..'~l. ~'e.:::p~ctively. under the provisions of the Unit Property Act of tJ-"l.e COf:lffiOn,-ve31tn of t"~i,:-.sylv3.nl.:1.. {Act {)1' JU1Y 3, 1963, P,L. No. :.961. TOGETHER with all right of title and interest of. :n and to the Common Eleme~ts as more fully "eC foe&. in the aforesaid Declaration of Condominium and Declaration Plans, as amended irom time to tinle. Grantee. for and on behalf of the GraIltee aIld the Grantee's heirs. personal representatives, :-,uccessors and assigns. by the acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of. repairs to, replacement of and expenses in connection with [he Cnmmon Elements as may be assessed from time to time by thr;;: Executive Boar-d in clccordance W1th the Unit Property Act of Pennsylvania; and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and thac except insofar as Section 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent Unit Owner of liability for priOl- ur,p,"d assessments, this covenant shall run with and bind the land or Unit hereby conveyed emd all subsequent Owners thereof. Grantee. for aIld on behalf of the Grantee and the Grantee's heirs, personal representatives, 'luccessors aIld assigns, by the acceptance of this Deed, acknowledges that this conveyance is 'lUbject in every respect to the Declaration, the Declaration Plans. Code of Regulations and all ,unend:nents thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all Unit Owners therein. -rhe Gn1..1"1tee and all Owners of Units in said Condominium covenant and agree, as a CQvenant I'l..lnnlng with the land, to abide by each and every provision of said documents. BEING known and nu:nbered as 1077-12 Lancaster Boulevard, Mechanic.burg, Pennsylvania. BEING THE SAl\1E PREMISES which Daniel Deitchman and Jennifer C. Dcitchman, husband and wife. by Deed dated April 28, 1995 and recorded May 30, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 121. Page 792, gmnted and conveyed unto Tiffany Hops, single woman. The said Tiffa.."1Y Hops, now known as Tiffar.y Bitner, has since intermarried with Charles H. Bitner, Jr., who joins in this conveyance :.0 dIvest all nght, title and interest in said property. T ogetl:er with all and sin.guJ~ the buil.dings lmprovements, ways, sueets, alleys. driveways, passages waters, war~r-<:our~, ngms. l~berties, . prIvileges, heredi!:l.1llenlS and appurten3.OCeS, wharsoever unto th~ h~eby granted premISeS belongmg, or ill anywise appertaining, and the reversions and remainders rents :ues~dand profits thereof; and all .the estate, right. title, interesr, propertY. claim and demand wha~ver oi' e sat granrors. as well at law as m eqUIty, of. in and ro the same. r~}~;;~ ~'!nJo~ ~1~ ~e."said Jotbeor piece of ground described hereditaments and premises G" nren....... SO ro ,WIth the appunenances unto the said Grantee b's h . an asSIgns, to and for the only proper use and behoof of the said Grantee, hi~ beirs and assigns. for~ve:, elTS ~d th~ said Grantors, ~eir heirs,. executors and administrators do covenant. promise and a ee to and S~~ ~~ ~~~=~~ hel~ and <W1.gns, bby these presents, that the said Granrors and their h~irs" all and a ~ premIses. ereby granted or mentioned and inrended so to be with a~~~d e~~o the :OaJd Gra=, hIS hem and assigns, agalru;t the said GranrolO and their hei;s, and by. from or under Z ~ o~:~~sr~fa:~~er lawfully clalmmg or to claim the same or any pan thereof. PREMISES BEING ON 1077-12 LANCASTER BOULEVARD ;-;';~'~~-"" ",,'~~- <~, ,~, .... ," ' , ,.. .. !~- ,,,.. '1'--- ~ " . . VERIFICA no", FR.-\:'-JK FEDER.'vL-\.'i, ESQClRE hereby states that he 1S attorney for P!::tintiffin this matter, that Plaintiff is outside the iurisdiction afthe court and/or the veritication could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 102-+ (c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure is based upon information supplied by Plaintiff and is true and correct to the best of its 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 13 Pa. c. S. Sec. 4904 relating to unsworn falsification to authorities. }~}~ Frank Federman, Esquire Attorney for Plaintiff DATE: /"Z/;do/ ,{~~),~,"1 '~"',~~" .,-, ~ ,~ "....,~ "'"T',"=:,,",,,," ~ ~ ..... ~.~ - .-,,~, _ "~~M~~"'~" .' ~~ "",,~~'~"'"'-" '"",'....,', .~,,^~, .~ . ."'. ., ....[rlll1'111. ~ (J ......, C) ~ ~ C ..( "' r:-J ,..z:. ~C~ 1"'"1 '" ....... h Crt D , :::::; 0 (0~: --(l C9 c ", 8 ~. ~ ~ () Ir) ~ --"1 ~ 0 C> '<"~I"~ I ,_.- );.; ~ .' L; . ~ /- :,n ~~I '.,1 -<. .,..J -- -~ -<: :;I: - .!!F ,"'I ~~, oj) ~1!,~{~l!RQl" , ',__" ,_",,4:_tl.Ulf,l.U,!iijf~~-';~i;1'i',i'1'J'-"I"'!''-;!'i'~S:'" ::,,:"~"c' "i.f' . ""+""~i'i-((-J;wfili!;""~~'~~1,I~;~~i'!"\!f,,l!t-*1!lH~~~:11f]~~-W1'" J "*'~i/il'il:f)n FEDERMAN AND PHELAN BY: FRANKFEDERMAN,ESQUffiE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 ~) ~1i1- 7000 Attorney for Plaintiff PRINCIPAL MORTGAGE, INC. RESIDENTIAL COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NIEL J. BEAR LOREA G. HOWE Cumberland County Defendants No. 01-7000 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. ~i~~SQmim Attorney for Plaintiff Date: December 21, 2001 CZC, SVC DEPT . ~'.",," ~? . I ~ ,~,..., ~ ~ ~ "..~~ ~- ".', . . ,M~""~~" ,'~ 0" ), :~__,_",;:;""~,!!;T~l.llf Jl ~" '1'" -- ""~~. 'r. '<<N'~ ,~O<<, ,~,~~'"'" '"~ ~'>"'~'"""."" """ha:illii" (") 0 0 C :e- 'T1 '"'OW 0 u,o{ M mfT1 C, -n Z::x:, f~~ &i~~ N (7j~~; CO r>c ~ " ..." )> :?c (=::-:::r:, z(j -=0 ~"-~! () Pc: ~ :.f:.nl ,j Z --, =< ;To. c.n ::;:J -< [;;5 Bf1 ,~,,~ ~ffll{#~~;;;,,,,;~:~,,;~,,y;\:,,,;-,,'2f'" '''''i';;_''''c:'fi'WW!:l'\''J'ffflIRJ:~ll't~m,)~~ijl\lf,i'~rl,~~9,,~m')i!~~i;!1!~ff~;,"i,' !. FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Identification No. 12248 Suite 1400 One Penn Center Philadelphia, PA 19103 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. COURT OF COMMON PLEAS PLAINTIFF vs. CUMBERLAND COUNTY No. 01-7000 CIVIL NEIL J. BEAR LOREA G, HOWE DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. ~~J~[yvyz( Attorney for Plaintiff Date: DECEMBER 20,2001 ;'~'P~I~l~J/i~ "".---- ' ~ ''-"' , -'.. -j.' ~I~ 'I "'~ .-"""" - VERIFICATION SUSAN RUSTHOREN hereby states that she is MANAGER OF FORECLOSURE of PRINCIPAL RESIDENTIAL MORTGAGE, INe. mortgage servicing agent for Plaintiff in this matter, that 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 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, /4~ , DATE: I{):().D ~O( "';'f1Ff'A.;i"i~~ ~~;=_ .F'-' ~",~- , ,> "~,""-"' ~"' .~- ='"" I, .,. " niL ,~. _ 'V,'_'~I-;:'="~~ _~,""r. ~~~"" ." _, ~>,__= -~. """""-'~"'-~,\ii'1\-~gi1t" .. ") ",;0,." () c:: ~ "t>{D EPm ...,.:0 ",-F- en};;-, ::<:2 <C~ )>. 2;:0 :;;;0 S; ~ "", :JL: S? t7" 0:> Q - o "-11 :~:i c::> !"1'1 ("') ,,) -/ ,o.i~::?:i ;-- ;,:]:5 9,~ (5j~rr ::...---1 :35 '-<( ~JPl!lli'fli -ql'L , ~""'_,.,.. _,,_.~!!!!I~il~ll~~~~_,,:,~~_1~~t:"'v"'''''}i\'c'''''W''_iwFG_'.",---""w,:,"'O,,<,,!<:-H'Fi~"';'i~'0i\"i!~$l~~!l~~'!"'~'r;~~i-f-l>Il%l~~,1ltlIIi;;ffiijjl~1' Ml SHERIFF'S RETURN - REGULAR C,A:SE NO: 2001-07000 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS BEAR NEIL J ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOWE LOREA G the , at 2040:00 HOURS, on the 3rd day of January , 2002 DEFENDANT at 22 WEST I STREET ~~RLISLE, PA 17013 by handing to l.OREA G. HOWE a. true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 3.25 .00 10.00 .00 19.25 r~ -<~?~~ R. Thomas Kline 01/07/2002 FEDERMAN & PHELAN Sworn and Subscribed to before By: me this If-lf;- day of /\ ( r"~ ow,-,> , A.D. .~ Q )VI, (It \ ~, thonotary I , '"~"'R'I!'.~<Wi~f~.i;lf1!i!;t!l,,,,,,",",,~, ~ ~"" :n . ~~ .~1<"'!!!l!Ill.!~!I'''''~~_~.'''~, .~> "'~_~.~t""" ~ SHERIFF'S RETURN - REGULAR .... ,- ..... CA,SE NO: 2001-07000 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS BEAR NEIL J ET AL CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BEAR NEIL J the , at 1316:00 HOURS, on the 4th day of January ,2002 DEFENDANT at 30 ERFORD ROAD Cl<MP HILL, PA 17011 by handing to NEIL BEAR 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 Service l,ffidavit Surcharge So Answers: 18.00 9.75 .00 10.00 .00 37.75 r'~ ~€~:.:., R. Thomas Kline 01/02/2002 FEDERMAN & PHELAN Sworn and Subscribed to before By: me this lIlt; day of (~cJ.tfo:b A.D. _ n' {l'rv..1J, ),l ~~ ' '-t~thonotary , s);f!jli'fJl"'(f"'~~IT~_~K~" ",,"' - - "F "1~- -~~, -~'"-~- -,~~ ~r PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103 -1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FORPLAlNTWF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Neil J. Bear Lorea G. Howe Defendant(s) No. 01-7000 PRAECIPE TO THE PROTHONOTARY: _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. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:1\nl C:r ~QMAM 9JtdL Francis S. Hallinan, Esquire Attorney for Plaintiff ~""''''-_H~''''';\'''''''"'''l'f'll'*''~_"!*,, _" , I, - ~ , . P"~- ~_<_-"",,",,_ ~ _ _ _~,~,,'ffil' ii ~ _ " ^_, ~,' c_ '_. '~='.<, 1fln.,lJ1fJf~""",,~""',,_ ,_r:!if,'OOIt~,~ ,^ '''''''--''''''~' " ~'^ <; bJtt L ,. ~~~ ~m ]~~;~8h!;\\l!"~j}~~#~,<:;~\il~:n'_' '=~"-,'" "''- -, v..'-,.'" ". -"-",~,.,,,---".".~,,.,,~-~,~"" IIIi~T'!'ll((t/lf 0 ,...., c- "'" ~ = -- <:.n -. QJif c,<? "t 1"'/ '"D nl ::n / r- ~~-:~ N -om 0"'> :00 C..) ! ,~ --iC) -~ __C-,_ -0 -;- "To ,,/Pl,- ::E: Qf5 ~() ...... c..:: C.0 On1 """ -I '--l J> -' :n . 0 -< -X\ljf,:i'!""~ifi:!~~~~_,_.!?, ~,~~!!::