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Home My WebLink About02-2774FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, sUrFE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PRINCIFAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~t . D77~/ ~ DAVID L. GINGRICH A/K/A DAVID L. GINGRICH, JR. CYNTHIA L. GINGRICH 3444 WALNUT STREET CAMP HILL, PA 17011 Defendant(s) CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED VqlLL 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 &fend against the claims set forth in the following pages, you must take action within twenty (20) days at~er 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 #:001226843-9RMS FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff VS. Court of Common Pleas CUMBERLAND County No. 02-2774 CIVIL DAVID L. GINGRICH, AJ~A DAVID L. GINGRICH, JR. CYNTHIA L. GINGRICH 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 case discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff SHERIFF ' S CASE NO: 2002-02774 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS GINGRICH DAVID L AKA DAIVD L RETURN - REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GINGRICH DAVID L AKA DAVID L GINGRICH JR the DEFENDANT , at 1802:00 HOURS, on the 12th day of June at 3444 WALNUT STREET , 2002 CAMP HILL, PA 17011 DAVID GINGRICH a true and attested copy of by handing to COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /7 ~ day of ~r~othonotary So Answers: R. Thomas Kline 06/13/2002 FEDERMAN & By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-02774 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS GINGRICH DAVID L AKA DAIVD L BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GINGRICH CYNTHIA L the DEFENDANT , at 1802:00 HOURS, at 3444 WALNUT STREET on the 12th day of June , 2002 CAMP HILL, PA 17011 by handing to CYNTHIA GINGRICH 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /? ~ day of ~_ ~-~ A.D. IProthonotary . So Answers: R. Thomas Kline 06/13/2002 FEDERMAN & P~L~ ~ Deputy Sheriff IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS O/~'ICE, 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. Plaintiff is PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392 The name(s) and last known address(es) of the Defendant(s) are: DAVID L. GINGRICH A/ledA DAVID L. GINGRICH, JR. CYNTHIA L. GINGRICH 3444 WALNUT STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/17/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FULTON BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1447, Page 615. By Assignment of Mortgage recorded 4/22/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 574, Page 392. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 2/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 1/1/02 through 6/1/02 (Per Diem $17.86) Attorney's Fees Cumulative Late Charges 4/17/98 to 6/1/02 Cost of Suit and Title Search Subtotal $94,807.38 2,714.72 1,250.00 130.13 550.00 $99,452.23 Escrow Credit 10.56 Deficit 0.00 Subtotal ($ 10.56) TOTAL $99,441.67 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 thc Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $99,441.67, together with interest from 6/1/02 at the rate of $17.86 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. FF~ERMAN AND P~E~Ab!. LLP. By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN piece o£ land, situate in the 13oroulgh of' Camp Hill, Cumberland County, Pennsylvania, bounded and desoribed in accordance with a survey and Plan thereof'made by William 13. Whittock, l~eg, Prof. Eng., dated June 23, 1961, as follows: BE~I'N'~.r~10 at · point on tile ]~Torth side oFWainut Street Seven 1-1undred-Five (705) feet West of'the Northwest corner of'tAralnut and 341h Streets; thence extending along thc lNorthern side or1,Vainut Street South 84 degrees 03 minutes West, 80 Feet to a point a cor~cr; thence extending throulgh Lot No. 2 on the hereinafter mentioned Plan orLots Nortl! 03 degrees 57 minutes West [20 Cc'et to a point ~t corner: thence Nol-th 84 degrees 03 minutes Fast, 80 feet to a corner of'Lot lqo. 4 on said Plan; thence along Lot No. 4 South 05 degrees 57 minutes East, 120 feet to a point and Place or13EGINNING. BEING Lot No. 3 and five feet of'Lot 1~o. 2, Block "LP', on Plan o£Lots known as part or Hampden Gardens, which said Plan is recorded in Plan Book 5, page 30,~ County records. I-lAVING thereon erected a one story frame dwelling known as No. 3444 Walnut Strect. BEING the s~me premises whicil James ~ Langor and Rebecca 13. Langer, husband and wife by Deed dated December 3 l, 1975 and recorded in C~, in Deed Book K. 26 pa~e 4 conveyed unto l~fary S. Baker, widow. And tile said Ma~T S. 13aker died on December 26, 1994, {caving a Will probated end registered at Cumberland County as Will 21-95-60, wl~erein Mary S. Baker appointed Charles R. Cherry Executor to whom Letters Testamentary were granted on January 24. 1995. VERIFICATION SUSAN RUSTHOREN hereby states that she is MANAGER OF FORECLOSURE of PRINCIPAL RESIDENTIAL MORTGAGE, INC. mortgage servicing agent tbr 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, infornmtion and beliel5 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: