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Home My WebLink About99-07114v 'V a 'G S FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (0,563-7000 CENDANT MORTGAGE CORPORATION 6000 ATRIUM WAY MOUNT LAUREL, NJ 08054 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION ay - -7//1/ TERM NO. CUMBERLAND COUNTY KIM D. KLOSE 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 Defendant(s) PLEASE BE ADVISED THATTHIS FIR\I IS A DEBT COLLELTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED 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 ATTEMPTTO 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 Plaintiff is CENDANT MORTGAGE CORPORATION 6000 ATRIUM WAY MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: KIM D. KLOSE 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 who istare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 8/21/98 mortgagor(s) made, executed and delivered ra mortgage upon the ecorded in t e Office of ices hereinafter described to PLAINTIFF which mortgage Recorder of CUMBERLAND County, in Mortgage Book No. 1477, Page 911. 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 7/1199 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. 6. The following amounts are due on the mortgage: $77,226.52 Principal Balance 2,339.37 Interest 6/1/99 through 11/1/99 (Per Diem $15.29) 3,861.00 Attorney's Fees 83.84 Cumulative Late Charges 8/21/98 to l l/l/99 55000 Cost of Suit and Title Search 84,060.73 Subtotal Escrow 333.78 Credit 0.00 Deficit (33 78178) Subtotal TOTAL $83,726.95 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. 9. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $83,726.95, together with interest from 11/1/99 at the rate of $15.29 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. FRAN FEDERMAN, ESQUIRE Attorney for Plaintiff ouric ALL 1'13AT CES Ter Spring T waship, Cumberland County, Pennsylvania,moren the Village oflrogcstown, particularly bounded and described as follows, to wit: BEGINNING at a point which is the nordtwestern comer of the lot herein described the where the same corners with property now or late of Paul Rhoads and the southern- edge of the Carlisle Pike, also known as U• S. Route 11; tllence North 69 degiees 30 right-of--way 40 feet to n East. along the southern edge of the Saida logo t'o[ nerYty na distance Of ow or formo ly of Harry Mixell, minutes L•os g p West. of South one 20 hundredegrees d fifty 30 minuses t degrees 30 minutes odor; thence P ed fifty (15U) feet to t paved Ypaint; thence South a 69 of ortY C40) feet to a point; 0 o e a distathna ce of along 'stane minutes (1W5) West, foot along property now or formerly of Paul Rhoads, a northern edge degrees of 30 a m fifteen minutes fifteen thence, North 20 I 50 feat to a point the place of IIEGiNIdING, distance of one hundred fifty C ) BEING I.ot No. 39 on plan of pontes June tltr't 1 as described in accordance with the survey of Cerilt T. Betz, rtegistcred surveyor. BEING the same premises which Gary M. Neights and $mma B. Neights, husband and Volume t 32P go 454. granted and conveyed s In wife, by their decd dated August 28, 1987, recorded and for Cumberland County is Deed Book . uutn Paul L'. Gerhard and Pearl C. Gerhard, husband and wife, Grantors herein. HAVING THERLtON ERECTED a dwelling house known and numbercdt6605? Corlls?e. t. Pike, Mechanicsburg, Pennsylvania 17055. cues -?.4i•"s r.:ai¢ ?v? N s 3 r` u Ca VERIFICATION MARC HINKLE hereby states that he is VICE-PRESIDENT of CENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he 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 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: I? t k -- - --ram- . 'A' SHERIFF'S RETURN - REGULAR CASE NO: 1999-07114 P COUNTYWOFLCUMBERLANDSYLVANIA: CENDANT MORTGAGE CORP VS. KLOSE KIM D 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 KLOSE KIM D the defendant, at 15:05 HOURS, on the 2nd day of December 1999 at 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to KIM D. KLOSE a true and attested copy of the 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 So answers- 18.00 6.82 ,rrrt ssC 8.00 x. 1. omas ine, 5 eri $37-.82-FEDERMAN & PHELAN 12/06/199 by Sworn and subscribe to before me C this / Y ` day o L 0 o?ovrJ A.D. rotnonotary FEDERMANAND PILELAN By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CENDANT MORTGAGE CORPORATION Plaintiff Court of Common Pleas CUMBERLAND County VS. No. 99-7114 CIVIL KIM D. KLOSE Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT.WITHOUT PREJUDICE. AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this matter discontinued and ended, upon payment of your costs only. Date Frank Federman Attorney for Plaintiff ?- ?.. ;_? s -- ..,_ ... ? ?- = ?:? ?; ?, _ _; ; ?? .. - `hu ?_? 111• `_ C ?J ..•:t