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HomeMy WebLinkAbout07-4800PHELAN HALLINAN &SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 159443 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff v. DIANE ZEIGLER GAY A. ANDERSON A/K/A GAY ANN ANDERSON 329 5~ STREET NEW CUMBERLAND, PA 17070 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. d'7 - .~gp~ C~~; t Term CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 159443 NOTICE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 159443 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 File #: 159443 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 159443 1. Plaintiff is CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: DIANE ZEIGLER GAY A. ANDERSON A/K/A GAY ANN ANDERSON 329 ST" STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/30/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1761, Page: 4409. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. 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 11 /O1 /2006 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. File #: 159443 6 The following amounts are due on the mortgage: Principal Balance $65,232.02 Interest $3,398.24 10/01/2006 through 08/13/2007 (Per Diem $10.72) Attorney's Fees $1,250.00 Cumulative Late Charges $187.47 05/30/2002 to 08/13/2007 Cost of Suit and Title Search $550.00 Subtotal $70,617.73 Escrow Credit $0.00 Deficit $386.22 Subtotal $386.22 TOTAL $71,003.95 7. If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 159443 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $71,003.95, together with interest from 08/13/2007 at the rate of $10.72 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. PHELAN HALLIN N &SCHMIEG, LLP t By: s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 159443 LEGAL DESCRIPTION All that certain piece or parcel of land situate in the Borough of New Cumberland, Cumberland County and State of Pennsylvania more particularly bounded and described as s follows, to wit: Beginning at a point on the northerly side of 5th Street, said point being 761.58 feet measured eastwardly from the northeast corner of 5th and Reno street, thence in a easterly direction along 5th Street, a distant of 25 feet to a point at the dividing line between Lot Nos. 28 and 29; thence in a northerly direction along said dividing line a distance of 120 feet to a 10 feet wide alley, thence in a westerly direction along said alley, a distance of 25 feet to the dividing line between Lot Nos. 27 and 28 on the hereinafter mentioned Plan of Lots, thence in a southerly direction along said dividing line, a distance of 120 feet to the northerly side of 5th Street at the point and place of beginning. The above dividing line between Lot Nos. 28 passes thru a center partition wall of a double 3 story frame dwelling house. Tax Id#: 25-24-0811-092. PROPERTY BEING: 329 5TH STREET File #: 159443 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification 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. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ~/ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: ~ /3 D ~ 'b~. y ~ ~ ~ * ~ ~~ ~ L ~= _ S .Q - .. c:- ~ .-T- ~ OQ ~ ~ ~' '' T r I. a -,-, ~ r ;: . fya ` ~ ~,~, ri~ ~c V PHELAN HALLINAN & SC IEG, LLP '~ BY: FRANCIS S. HALLINAN ESQUIRE Identification No. 62695 One Penn Center at Suburban S tion 1617 John F. Kennedy Boulev ,Suite 1400 Philadelphia, PA 19103-1814 215 5 3-7000 Chase Home Finance LLC, s /m to Chase Manhattan Mortgage orporation Plaintiff vs. Diane Zeigler Gay A. Anderson, a/k/a Gad Ann Anderson Defendant(s) PRAECIPE TO THE PROTHONOTARY: Please mazk the above re~ prejudice. X Please mark the above Please mark ended. Please Vacate the j ended without pre Please withdraw the ended without prejc Date: 3/ a ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-4800 case Discontinued and Ended without case Settled, Discontinued and Ended. satisfied and the Action settled, discontinued and entered and mazk the action discontinued and and mazk the action discontinued Francis S. Hafilinan, Esquire Attorney for Plaintiff PHS# 159443 N c ,~ ~, ~,. ' .i ~=~- ~7 n'T~ A c t f~" 177 ~' k ~~ r t ~ F\,1 ~t`i'i ~ ""'~ ~ SHERIFF'S RETURN - NOT FOUND . , CASE NO: 2007-04800 P -COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS ZEIGLER DIANE ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ZEIGLER DIANE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT ZEIGLER DIANE 329 5TH STREET NEW CUMBERLAND, PA 17070 GIVEN ADDRESS IS VACANT. .. _~ ,- Sheriff ' s Costs : So ans _.,~~ r.---~' Docketing 18.40 ./~ - i Service 17 .28 `' ~/, - ---~" Not Found 5.00 R. Thoma -nine Surcharge 10.00 Sheriff of Cumberland County .oo/ 1 50.28 ~Io PHELAN HALLINAN SCHMIEG ~~`~py,~j 09/20/2007 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04800 P -COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS ZEIGLER DIANE ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ANDERSON GAY A AKA GAY ANN ANDERSON but was unable to locate Her in his bailiwick. r.A~~T~T 'w T1TT 11 R/'~TT T1/1T9 T1 He therefore returns the the within named DEFENDANT ANDERSON 329 5TH STREET NOT FOUND as to ANDERSON GAY A AKA GAY ANN NEW CUMBERLAND, PA 17070 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge ~a~~d~ / ~ ~/ _ So answezs-~~ -l " 6 . 0 0 ~ ~ ~ ~.-~~~"- -'`".~- ".~- 5.00 R. Thomas K '-ne 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 09/20/2007 Sworn and Subscribed to before me this day of A.D. . ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-04800 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS ZEIGLER DIANE ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT ZEIGLER DIANE but was unable to locate Her to wit in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On September 20th 2007 this office was in receipt of the attached return from DAUPHIN Sheriff ' s Costs : So answer ~----=~ ~~ ___> Docketing 6 . 0 0 _ - ,,~ - ~:_... ...~..,~.._ ... Out of County 9.00 '~ Surcharge 10.00 R. Thomas Kline Dep Dauphin County 41.25 Sheriff of Cumberland County Postage .80 ~~Ip~ 67.05 9~ 09/2012007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-04800 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS ZEIGLER DIANE ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ANDERSON GAY A AKA GAY ANN ANDERSON but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On September 20th 2007 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge . 0 0 a~,~o1 16.0 0 9 ~ ~i~ 09/20/2007 PHELAN HALLINAN SCHMIEG So answer - ~~ . 0 0 -'~% 10.00 R. Thomas Kline .00 Sheriff of Cumberland County Sworn and subscribe to before me this day of in his bailiwick. He therefore A.D. • SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-04800 P •COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS ZEIGLER DIANE ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ZEIGLER DIANE but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On September 20th 2007 this office was in receipt of the attached return from YORK Sheriff's Costs: So answe Docketing 6 . 0 0 ~ '~"~ ~.~ `~ ~- ~ ---~ Out of County 9 . 00 ~~ :.._._.. ,,.- ~ ~--~-' Surcharge 10.00 R. Thomas Kline Dep York County 49.40 0~ Sheriff of Cumberland County Postage .80 / 7 5 . 2 4 ~ ~a ~~g 09/20/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-04800 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC vs ZEIGLER DIANE ET AL R. Thomas Kline . 0 0 ~~I01 16.00 p~Pj 09/20/2007 PHELAN HALLINAN SCHMIEG duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ANDERSON GAY A AKA GAY ANN ANDERSON but was unable to locate Her deputized the sheriff of YORK Sheriff or Deputy Sheriff who being in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On September 20th 2007 this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Sworn and subscribe to before me this day of , ., -Y-_ ~" So answer._~s.~, ~ _ ~ _ _. 10.00 R. Thomas Kline .00 Sheriff of Cumberland County A.D.