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HomeMy WebLinkAbout07-6821IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF CIVIL Division Case Number: 67 - (p $al 61-9i I --V,r m VS HARRY E. LINGENFELTER And DARLENE LINGENFELTER DEFENDANTS CERTIFICATE OF LOCATION 206 APRIL DRIVE CAMP HILL, PA 17011 Borough of Camp Hill PARCEL No: 01-22-0531-114 Type of Pleading Complaint in Mortgage Foreclosure Code and Classification: Filed on Behalf Of: Plaintiff Daniel J. Mancini, Esquire Counsel of Record: Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4 3 By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 o? Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO MORTGAGE FORECLOSURE HARRY E. LINGENFELTER And DARLENE LINGENFELTER DEFENDANTS CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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. Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancini lawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO MORTGAGE FORECLOSURE HARRY E. LINGENFELTER And DARLENE LINGENFELTER DEFENDANTS 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 UNTI 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 ( TIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSL T AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN T IS SUIT. Daniel J. Mancini, Esq Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm aacomcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL ACTION - LAW /? r- COMPANY AS TRUSTEE CASE NO 0-7-4.1-21 `-UX PLAINTIFF VS HARRY E. LINGENFELTER And DARLENE LINGENFELTER DEFENDANTS MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, whose address is c/o Mancini & Associates, 201 A Fairview Drive, Monaca, PA 15061. 2. Defendants are HARRY E. LINGENFELTER AND DARLENE LINGENFELTER, whose last known address is 206 APRIL DRIVE, CAMPHILL, PA 17011. HARRY E. LINGENFELTER AND DARLENE LINGENFELTER are the mortgagors and the recorded owners of the mortgaged property hereinafter described. 3. On or about, SEPTEMBER 22, 2006, HARRY E. LINGENFELTER borrowed $112,500.00 and in the enforcement of said debt executed and delivered a mortgage upon the premises hereinafter described to the lender MFRS, INC., AS NOMINEE FOR INDYMAC BANK, F.S.B., A FEDERALLY CHARTERED SAVINGS BANK this mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Record Book 1967, Page 3292. This mortgage is incorporated herein by reference in accordance with Pa. R.C.P. 1019 (g).Your plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE is now the current owner of said mortgage, and the assignment evidencing this ownership will be sent for recording at a later date. 4. The land subject to the Mortgage is 206 APRIL DRIVE, CAMPHILL, PA 17011, and is more particularly described in Exhibit "A", which is attached hereof and part of this Complaint. 5. The Mortgage is in default because monthly payments of principal and interest upon said mortgage due June 1, 2007, 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. Unpaid Principal Balance $ 112,103.34 Delinquent Balance, including Interest at $29.18 per diem $ 5,108.48 From 05/01/07 to 11 /07/07 (based on contract rate of 9.50%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 000.00 Accrued Late Charges $ 327.06 Bad CK Fees $ 00.00 Attorney's Fee Total $ 5,605.17 $ 123,144.05 ** Together with interest at the per diem rate noted above after June 1, 2007 and other charges and costs to date of Sheriff's Sale. 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 in accordance with the reduction provisions of Act 6, if applicable, or that are actually incurred by Plaintiff. 6. No judgment has been entered upon said Mortgage in any jurisdiction. 7. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 or 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant on SEPTEMBER 11, 2007, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 9. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure `IN REM' for the aforementioned total amount due together with interest at the rate of 9.50% ($29.18 per diem), together with other charges and costs inc ding escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and s 't of the property within described. Daniel J. Ma mi, Esq. Attorney Bar: PA 39353 LqdDx@dpdm !18 t1?at omtaip tract orpa?ed of had ?d4rate is We Domm h of Cane EM, Cumbadied Gbtau,Y. 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B9DM P and No. 01.22-0531-114 9Kt967FG3306 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)7284233 mancini lawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO MORTGAGE FORECLOSURE HARRY E. LINGENFELTER And DARLENE LINGENFELTER DEFENDANTS VERIFICATION Daniel J. Mancini, Esq., hereby states that he is the attorney 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. Further, counsel submits that Plaintiff is outside the court's jurisdiction and verification cannot be obtained with the time allowed for filing the pleading. It is counsel's intention to substitute a verification from Plaintiff. Dated this 7th Day of November 2007 rN- Daniel J. Mancini, Esq. Attorney Bar: Pa 39353 -ff?" v ? t S Rl i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF CIVIL Division Case Number: 07-CV-6821 VS HARRY E. LINGENFELTER And DARLENE LINGENFELTER DEFENDANTS CERTIFICATE OF LOCATION 206 APRIL DRIVE CAMP HILL, PA 17011 Borough of Camp Hill PARCEL No: 01-22-0531-114 Type of Pleading Praecipe to Discontinue And Settle Case Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 72 423'3 I'y:lQWEL J. MANCINI, ESQ. PA I.D. No. 39353 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO: 07-CV-6821 MORTGAGE FORECLOSURE HARRY E. LINGENFELTER And DARLENE LINGENFELTER DEFENDANTS PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: A.1. ---- The within suit is Settled, Discontinued, Ended and costs paid. 2. --X-- the within suit is Settled, Discontinued, Ended UT Prejudice and costs paid. Date: /n7 / 9 °7 WITNESS {if signer is other i e of authorizing party than a registered attorney}: Attorney o Notary Type or print name of abo a si er COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID INCLUDING SHERIFF'S COSTS: AND HEREBY VERIFY ALL COSTS HAVE BEEN PAID. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES Signature c i SHERIFF'S RETURN - REGULAR gASt NO: 2007-06821 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS LINGENFELTER HARRY E ET AL 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 LINGENFELTER HARRY E the DEFENDANT , at 1454:00 HOURS, on the 16th day of November-, 2007 at 206 APRIL DRIVE CAMP HILL, PA 17011 by handing to CARRIE LINGENFELTER, DAUGHTER 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 18.00 Service 13.44 Affidavit .00 Surcharge 10.00 01 .00 /..1\ .? 41.44 I Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline' 11/20/2007 DANIEL MANCINI By. ? IC7 puty Sheriff A.D. 1 BASE NO: 2007-06821 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS LINGENFELTER HARRY E ET AL 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 LINGENFELTER DARLENE the DEFENDANT at 1454:00 HOURS, on the 16th day of November , 2007 at 206 APRIL DRIVE CAMP HILL, PA 17011 CARRIE LINGENFELTER by handing to DAUGHTER 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 \01 - Sworn and Subscibed to before me this of So Answers: 6.00 .00 * 00 10.00 R. Thomas Kline .00 16.00 11/20/2007 DANIEL MANCINI l By: day De uty Sheriff A.D.