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Home My WebLink About08-0605 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE Case Number: p$ - 1005 PLAINTIFF Type of Pleading VS Complaint in Mortgage Foreclosure HARRY E. LINGENFELTER And DARLENE LINGENFELTER DEFENDANTS Code and Classification: Filed on Behalf Of: CERTIFICATE OF LOCATION Plaintiff 206 APRIL DRIVE Counsel of Record: CAMP HILL, PA 17011 Daniel J. Mancini, Esquire Borough of Camp Hill Attorney at Law 201 A Fairview Drive PARCEL No: 01-22-0531-114 Monaca, PA 15061 (724) 728-4233 Civil Ter P" By: DANI L J. MANCINI, ESQ. PA I.D. No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancini l awfirm@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 mancinilawfirm n 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 UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS jN THIS 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@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 6,P- 40y J 7;4--l MORTGAGE FORECLOSURE HARRY E. LINGENFELTER And DARLENE LINGENFELTER DEFENDANTS 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 MERS, 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).And an Assignment evidencing this ownership is attached and labeled exhibit "A". 4. The land subject to the Mortgage is 206 APRIL DRIVE, CAMPHILL, PA 17011, and is more particularly described in Exhibit "B", 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 $ 7,362.44 From 05/01/07 to 01/24/08 (based on contract rate of 9.50%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 000.00 Accrued Late Charges $ 421.66 Bad CK Fees $ 00.00 Attorney's Fee Total $ 5,605.17 $ 125,492.61 ** 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 including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. Daniel J. ancini, Esq. Attorney Bar: PA 39353 4610 After recording, return to: Daniel J. Mancini, Esquire Mancini & Associates 201 A FAIRVIEW DRIVE MONACA, PA 15061 ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, the undersigned Assignor, MERS, INC., AS NOMINEE FOR INDYMAC BANK, F.S.B., A FEDERALLY CHARTERED SAVINGS BANK, does hereby grant, bargain, sell, assign, transfer and convey to the following Assignee: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE all of Assignor s right, title, and interest in and to that certain Mortgage or Deed of Trust, which encumbers the real property more particularly described therein: together with all the indebtedness currently due and to become due under the terms of any promissory note or evidence of indebtedness secured thereby. This assignment is made without recourse 110 Assignor, and without representation or warranty by Assignor, expressed or implied. Said Mortgage/Deed of Trust, dated September 22, 2006, recorded September 29, 2006 in the Land Records of Cumberland County, Pennsylvania, in Mortgage Book 1967, Page 3292, in the amount of $112,500.00. Original Mortgagor: HARRY E. LINGENFELTER AND DARLENE LINGENFELTER Original Mortgagee: MERS, INC., AS NOMINEE FOR INDYMAC BANK, F.S.B., A FEDERALLY CHARTERED SAVINGS BANK Property Address: 206 APRIL DRIVE, CAMPHILL, PA 17011 Municipality: Borough of Camp Hill Tax / Parcel #: 01-22-0531-114 TO HAVE AND TO HOLD the same unto said Assignee(s) and their heirs, executors, successors and assigns, forever, subject only to the terms and conditions of the above described deed of trust J IN TESTIMONY HEREOF,. the undersigned has on this La day of ?1 - , 2007, caused these presents to be signed by , its MERS, INC., AS NOMINEE FOR INDYMAC BANK, F.S.B., A FEDERALLY CHARTERE ANK Witness By' Signature Laura Hescott Printed Name and Title Notarial Attestation on Succeeding Page STATE OF COUNTY OFD. to wit: HEREBY CERTIFY that on this /:?L day of A. vex 4 e. , 2007, before me, the subscriber, a Notary Public of the State of 4410 , in and for the County aforesaid, personally appeared f CVa- lz? , the G!P of Q t IQ S , the corporation that executed the Forgoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Not blic M commission expires: Matthew Allan Banaszewski NOTARY PUBLIC • MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2011 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200746149 Recorded On 12/13/2007 At 11:04:01 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number -10695 User ID - KW * Mortgagor - MERS INC * Mortgagee - DEUTSCHE BANK NATL TR CO * Customer - MANCINI & ASSOC * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA c RECORDER O D DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. $0.50 $10.00 $11.50 $2.00 $3.00 $27.00 111111111111111111111111111111 J1B that oetltdne tact apaard of bmd dWAle is Quo SotaxSh of i=p M t:`miala d >its WWaapd%oathee Aw*itao(ApolDtiwAwhichpointis IU,76 flat oat of to eoud- - -i- b aaaoe ofAp O Ddw and A(oob Jbft atd at tbo divi ft tics bmwaLoo him it! ad 119. eiaA W, a dwbwskdcrssdiiaed Pisa of LaW .2me>wgWaoat6mV.8seofApolDdmin an haft &rWftoi3o7.s ho in s aiuAnyr disotioa a ?e 1eR tb fret w a pad d dhadit?lirx b twm Loos Noe, 117 .ad iiai?oac?,?t+e?ar?t;?o.?sbadtir?w?sa+?n v? ae?e? tabMeNe went i2't.IJ feetts spoeor; 9teuo,batth ir! dearea ? o?a.uo?t 96,99 flora tospoiat ?rWitt?Pnebeiwosa UofsNa.1I8 sod i!9 aSropid; im Slocit "$"; thatce ohmasoa diYidt tine a? 3S doBrsee Z9 rain?taes eost !63 a7 feet to t?papt, rite pLa dBiO . MW Lot No. DA B" 'r. Soft= 3, Is Plan of lYiodls ViilLM W" PLn is t -ootdod to ft t7fce of #* RowWm of Du& is mod fc Owmbedmd Comcy. Poomp "ok ioPkm Back I%pom s4, BBM Pmd )iv. 01•224531-114 IK f 967PG3306 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 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 24th Day of January, 2008 Daniel J. " ', Esq. Attorney Bar: Pa 39353 00 C-? '-1 0 if • 'i SHERIFF'S RETURN - REGULAR CASE NO: 2008-00605 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS LINGENFELTER HARRY E ET AL NOAH CLINE , 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 0020:50 HOURS, on the 4th day of February-, 2008 at 206 APRIL DRIVE CAMP HILL, PA 17011 by handing to CARRIE LINGENFELTER DAUGHTER OF DEFENDANT a true and attested copy of 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 POSTAGE .z/e7 ?eF' So Answers: 18.00 14.40 .OQ 10.00 R. Thomas Kline ,41 42 02/05/2008 DANIEL MANCINI Sworn and Subscibed to before me this of By: day Deputy Sheriff A. D. , .. CASE NO: 2008-00605 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS LINGENFELTER HARRY E ET AL NOAH CLINE , 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 0020:50 HOURS, on the 4th day of February-, 2008 at 206 APRIL DRIVE CAMP HILL, PA 17011 CARRIE LINGENFELTER by handing to DAUGHTER OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge z07/off 9, So Answers: 6.00 .00 .00 r 10.00 R. Thomas Kline .00 ? 16.00 02/05/2008 DANIEL MANCINI Sworn and Subscibed to before me this of By: day Deputy Sheriff A. D. UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQL STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQL SHERRI J. BRAUNSTEIN, ] MARGUERITE L. THOMAS, ] DANIEL S. SIEDMAN, ESQZ JEROME B. BLANK, ESQUI] WOODCREST CORPORATE CE] 111 WOODCREST ROAD, SU: CHERRY HILL, NJ 08003-: 856-669-5400 pleadings( ATTORNEY FOR PLAINTIFF RE - ID #04302 ID #45362 - ID #34576 - ID #75860 RE - ID #203437 QUIRE - ID #90675 QUIRE - ID #204460 c RE - ID #306534 -off - ID #49736 =ran TE 200 620 .com Deutsche Bank National Trust Company as Trustee 155 North Lake Avenue, 3rd Floor Pasadena CA 91101 Plaintiff ?r- r- D n Z p vc COURT OF COMMON PLEA CIVIL DIVISION Cumberland County NO. 08-605 v. Harry E. Lingenfelteri, Darlene Lingenfelter 206 April Drive Camp Hill, PA 17011 Defend nt(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the following counsel: Udren, Esquire; Stuart!; Winneg, Esquire; Lorraine Doyle, t-.9 0 O 9 tta ??M4 ? a C )-n O r" Mark J. Esquire; Alan M. Minato, Esquir Chandra M. Arkema, Esquire; Marguerite L. Thomas, Esquire; Danie S. Siedman, Esquire and Jerome B. Blank, Esquire on behalf of the Plaintiff, Deutsche Bank National Trust Company as Trustee in UDREN LAW OFFICES BY: 3erome S. PA I above-captioned matter. .C. 10 ? o o,4 15 -3