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Home My WebLink About01-7000 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 (71 'i) 'itl1-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION PRINCIPAL RESIDENTIAL MORTGAGE, INC 711 HIGH STREET DES MOINES, IA 50392-0780 TERM Plaintiff NO. 61 ~ ^fOOD C!1U:l '--lif2.-~ CUMBERLAND COUNTY v. NEIL J. BEAR LOREA G. HOWE 1077-12 LANCASTER BOULEVARD MECHANICSBURG, P A 17055 Defendant( s) CTVJT. ACTTON - T.A W COMPT ,ATNT TN MORTGAGR FORRCT .OSTTRR 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 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 LffiERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 001552550-4 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, 1. Plaintiff is PRINCIPAL RESIDENTIAL MORTGAGE, INC 711 HIGH STREET DES MOINES, IA 50392-0780 2. The name(s) and last known address(es) of the Defendant(s) are: NEIL J. BEAR LOREA G. HOWE 1077-12 LANCSTER BOULEVARD MECHANICSBURG, PA 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 Assignment of Mortgage recorded 5/10/01 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment 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 7/1/01 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: Principal Balance Interest 6/1/01 through 12/1/01 (per Diem $14.20) Attorney's Fees Cumulative Late Charges 4/26/01 to 12/1/01 Cost of Suit and Title Search Subtotal $79,777.81 2,612.80 1,250.00 145.25 .55Q.illl. $84,335.86 Escrow Credit Deficit Subtotal 103.84 Q.QO. (~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 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 rem Judgment against the Defendant(s) in the sum of $84,232.02, together with interest from 12/1/01 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. l~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ':\Lb 7HAT CERTAIN dwelling Unit situated in Sunguild Condominium, U??er Allen Township, Cumberland County. Pennsylvania, designated as Unit No, 1077.12, in L'1e Dec:aration and l).,clX'ation Plans of Sunguild Condominium, dated December 6. 1979 ar:d November 29. i'c179. respectively, recorded December 12, 1979 in Cumberland County Misc, Book 249. Page T,';":', ::lnd Pbn Book 37, Page 23, respectively, and ;\mendment to the Declaration anc: Dec~o.ration Plans of Sunguild Condominium, both dated C"ebruar)' 28, 1986. both recorded M.Hdc :\ 1, 198f> in Cumberland Coun<:y Misc. Book 315, Page 804, and Plan Book 49. Page ~ .:'}. ,e:cpective!y. under the provisions "f the Unit Propertv Act of tho:: Conmonwe:1lth of i-",r.ns:o[vanl;:1.. (Act of July:3, 1963, P.L. No. :96) TOGETHER widl all right vf title and interest of. in and to the Common Eiements as more fully 3et fort!: in the aforesaid Declaration of Condominium and Declaration Plans. as amended from time to time. Grantee, for and on behalf of the Grantee and the Grantee's heirs. personal representatives, successors and assigns, by the acceptance of this Deed. covenants and agrees to pay such cbarges for the maintenance of. repairs to, replacement of and expenses in connection with the C(;mmon Elements as may be assessed from time to time by the Exec"..ltive Board in accordance Wlth 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 that except msofar 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 prior ulc;:Jaid assessments, this covenant shall run with and bind the land or Unit hereby conveyed and all subsequent Owners thereof. Grantee, for and on behalf of the Grantee and the Grantee's heirs. personal representatives, successors and assigns, by the acceptance of this Deed. acknowledges that this conveyance is subject in every respect to the Declaration, the Declaration Plans. Code of Regulations and all amendments 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, The Grantee and all Owners of Units in said Condominium covenant and agret:, as a covenant runnmg with the land, to abide by each and every provision of said documents. BEING known and numbered as 1077-12 Lancaster Boulevard, Mechanicsburg, Pennsylvania. BElNG THE SA.!vtE 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, granted 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 to divest all nght. title and interest in said property. TogetJ:er with all.a~d sin.gu1~ the bull.dings improvements. ways, streetS. alleys, driveways, passages. waters, wat~r~ur~, ngnIS, l~berties, . prIvileges. hereditaments and appurteD.aDCeS, whatSOever unro the ~ereby granted premISeS belongmg, or to anj'Wlse apperuining, and the reversions and remainders rents 1SSues~ and profits thereof: and all the estate. righ1, title, intetest, propertY, claim and demand wba~ver oi' the S3ld granwrs. as well at law as in equity, of. in and w the same. To have and ~o hol~ the said lot or piece of ground described hereditaments and premise; hereby granted, or mentloned and Intended so to be. with the appurtenances, unto the said Grantee his heirs and asSIgns, to and for the only proper use and behoof of the said Grantee, his heirs and assigns. for~ver. ~d thc? said Granto~, ';heir heirs,. executors and administrators do covenant, promise and agree. to and ~1th the saId Grant~. hiS hem and aS~llgns. by these presents, that the said Grantors and their heirs. all and ~toguJar the hered.it.amen~ and premises ~ereby gr~ted or mentioned and intended so to be. with }P~ces, ulltO the sald Grantee. hIS hell'S and assIgns. against the said Grantors and their hei:s. ar:d bgarnst a,l and every person and persons whosever lawfully claiming or to claim the same or any part thereof y. from or under or any of them. shall and wiU . . PREMISES BEING ON 1077-12 LANCASTER BOULEVARD VERIFlC A no'\; FR..\.~K FEDER.'vL.\.:--J. ESQCIRE hereby states that he lS attorney for P1Jintiffin this matter. thJt Plaintiff is outside the jurisdiction of the court and/or the veriticJtion could not be obtained within the time Jllo\ved for the tiling of the p1eJding. tint he is authorized to make this veritication pursuant to Pa. R. C. P. 102.+ ( eLand that the statements made in the foregoing Civil Action in Mortgage Foreclosure is based upon infonnation supplied by Plaintiff and is true and correct to the best of its k"owledge. infonnation and belief. Furthennore. it is counsel's intention to substitute a veritication from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties 0 f 1 S PJ. c. S. Sec. 4904 relating to unsworn falsification to authorities. )~1-~ Frank Fedennan, Esquire Attorney for Plaintiff DATE: /~/;do/ ~~ - :::::::'-..J ~ ~ ~~ ~ ~ ~ t h 0. ~ () V) I ~ CY C) C~"~ C - r-:J -CJ fr~ i""il nl['" n 2.::1_' ~ 5:~ (..) r::::: ~C~. <: (:;! ('..) 2~ - (--. ,. 2::.n ~CJ :':;l --I =< -:J . . - --t 8 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 ~) ~n'- 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. ~2MSQUiRE Attorney for Plaintiff Date: December 21, 2001 CZC, SVC DEPT (') <=> ~ c s:: <::1 ,.~ "CO ,.., :r.: mrn (") fi' fJJ Z::v N ~Sj~ 63~ (Xl '") 2~ :-:;.., -' c' -u '"r-i'1 ;< . c_. :rJ ~o :x ~~C) 5>8 ~ om ~ ~ CJ'l -< 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. l~&J~ Attorney for Plaintiff Date: DECEMBER 20,2001 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: 1f):()CJ ~O( ."- "') 8 Q ~ - iRl 0 "-. ~ ~r:_ Z', :'11,:-' 655; '" <"Rnl -...J . '" CI ;Sf (~1(~) :s:: J :t>o '.,- -rj 18 :lI: 9:r:J ~ '0 '-fT, ~ 0 +='" ~ 0:> -< SHERIFF'S RETURN - REGULAR CASE 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 DEFENDANT , at 2040:00 HOURS, on the 3rd day of January ,2002 at 22 WEST I STREET CARLISLE, PA 17013 by handing to LOREA 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 Aff idavi t Surcharge So Answers: 6.00 3.25 .00 10.00 .00 19.25 r-:~ ~~?4 R. Thomas Kline 01/07/2002 FEDERMAN & PHELAN Sworn and Subscribed to before By: me this II~ day of (}....~....... . AD - Q fr,' Ufo ' iJpt:;, thonotary I SHERIFF'S RETURN - REGULAR CASE 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 DEFENDANT , at 1316:00 HOURS, on the 4th day of January ,2002 at 30 ERFORD ROAD CAMP 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 Affidavit Surcharge So Answers: 18.00 9.75 .00 10.00 .00 37.75 r-:~ --t:~ - "" R. Thomas Kline 01/02/2002 FEDERMAN & PHELAN Sworn and Subscribed to before By: me this 11 ~ day of ~ JtJ?J;J.:, A.D. n' (l )".,.11. ) A ~ '-1~thonotary I \ 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, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF 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:~nl () r ~CAMA ~ YJrdJ Francis S. Hallinan, Esquire Attorney for Plaintiff ....., ,= ""> <:.n U') rq -cl ", en o ." ..... ::C-.-, rn...'..! -otn :::iCi :~~j (5 I "{l\ ,,--~\ 55 .< ~ ~G'. w o