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HomeMy WebLinkAbout08-7217d? McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, Illinois 60126 V. Leann Zeigler a/k/a Leann M. Zeigler 121 West Hunter Road Carlisle, Pennsylvania 17013 and Leann Zeigler a/k/a Leann M. Zeigler, Administratrix of the Estate of Doris A. Zeigler, Deceased Mortgagor and Real Owner 121 West Hunter Road Carlisle, Pennsylvania 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number of "7;l1e/ r! I Rtm CIVIL ACTIONIMORTGAGE FORECLOSURE 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Leann Zeigler a/k/a Leann M. Zeigler, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 121 West Hunter Road, Carlisle, Pennsylvania 17013. 3. The Defendant is Leann Zeigler a/k/a Leann M. Zeigler, Administratrix ofthe Estate of Doris A. Zeigler, Deceased Mortgagor and Real Owner, of the mortgaged property hereinafter described, and his last-known address is 121 West Hunter Road, Carlisle, Pennsylvania 17013. 4. On September 26, 2005, Doris A Zeigler and Leann Zeigler a/k/a Leann M. Zeigler 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 Mortgage Book 1924, Page 2919. 5. On April 27, 2006, Doris Zeigler departed this life. Letters Testamentary were granted June 13, 2006 unto Leann Zeigler a/k/a Leann M. Zeigler as Administratrix of the Estate of Doris Zeigler, Deceased Mortgagor and Real Owner. 5. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 125 Ridge Road, Shippensburg, Pennsylvania 17257. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due March 1, 2008 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. 7. The following amounts are due on the mortgage: Principal Balance $ 70,242.60 Interest through December 8, 2008 $ 5,411.40 (Plus $17.40 per diem thereafter) Attorney's Fee $ 1,250.00 GRAND TOTAL $ 76,904.00 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. 9. Plaintiff does not hold the named Defendant, Leann Zeigler a/k/a Leann M. Zeigler, Administratrix of the Estate of Doris A. Zeigler, Deceased Mortgagor and Real Owner, personally liable on this cause of action and releases them from any personal liability. This action is being brought to foreclose their interest in the aforesaid real estate only. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $76,904.00, together with interest at the rate of $17.40 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for P?Yaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for P intiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE JA P*AM(qC FirstAmerican Title Insurance Company FTPA-63 SCHEDULE C File No. 2008-1213 ALL THAT CERTAIN TRACT OF LAND SHOWN AND DELINEATED AS PARCEL "A" ON A CERTAIN SUBDIVISION PLAN FOR MARTIN J. REESE AND CURFMAN AND ZULLINGER, REGISTERED SURVEYORS, WHICH SUBDIVISION PLAN IS DULY APPROVED AND RECORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE, IN AND FOR CUMBERLAND COUNTY, AT PLAN BOOK 75, PAGE 53, SITUATE IN SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: TO WIT: BEGINNING AT A POINT IN THE ROADBED OF THE RIDGE ROAD, A STATE FOREST ROAD; THENCE OVER THE RIDGE ROAD, NORTH FORTY-NINE (49) DEGREES TWENTY-FIVE (25) MINUTES NINETEEN (19) SECONDS EAST, A DISTANCE OF ONE HUNDRED AND ZERO HUNDREDTHS (100.00) FEET TO AN EXISTING SPIKE, THENCE ALONG OTHER LANDS OF GRANTEE, SOUTH FORTY (40) DEGREES THIRTY- SEVEN (37) MINUTES THIRTEEN (13) SECONDS EAST, A DISTANCE OF ONE HUNDRED SIXTY-FIVE AND SEVENTY-SEVEN HUNDREDTHS (165.77) FEET PASSING THROUGH AN EXISTING POINT ON LINE TWENTY-FOUR AND NINETY HUNDREDTHS (24.90) FEET FROM THE AFORESAID EXISTING SPIKE TO AN EXISTING IRON PIN; THENCE CONTINUING ALONG OTHER LANDS OF THE GRANTEE, NORTH FORTY- EIGHT (48) DEGREES FIFTY-SIX (56) MINUTES TWENTY-SEVEN (27) SECONDS EAST, A DISTANCE OF ONE HUNDRED AND ZERO HUNDREDTHS (100.00) FEET TO AN EXISTING IRON PIN; THENCE CONTINUING ALONG OTHER LANDS OF THE GRANTEE, NORTH FORTY (40) DEGREES THIRTY-SEVEN (37) MINUTES FOUR (04) SECONDS WEST, A DISTANCE OF ONE HUNDRED SIXTY-FOUR AND NINETY- THREE HUNDREDTHS (164.93) FEET TO AN EXISTING SPIKE IN A ROADBED OF THE RIDGE ROAD. PASSING THROUGH AN EXISTING POINT ON LINE NINETEEN AND EIGHTY-FIVE (19.85) FEET FROM THE AFORESAID EXISTING SPIKE; THUS OVER THE RIDGE ROAD, NORTH FORTY-NINE (49) DEGREES TWENTY-FIVE (25) MINUTES NINETEEN (19) SECONDS EAST, A DISTANCE OF SIXTY-SEVEN AND FIFTY- TWO HUNDREDTHS (67.52) FEET TO A POINT PASSING THROUGH AN EXISTING NAIL THIRTY-TWO AND FORTY -NINE (32.49) FEET FROM THE SAID POINT; THENCE ALONG OTHER LANDS NOW OR FORMERLY OF THE GRANTOR, SOUTH FORTY (40) DEGREES THIRTY-SEVEN (37) MINUTES FOUR (04) SECONDS EAST, A DISTANCE OF TWO HUNDRED SIXTY-FOUR AND NINETY FOUR (264.94) FEET, PASSING THROUGH A SET POINT ON LINE THIRTEEN AND NINETEEN (13.19) FEET FROM THE AFORESAID POINT IN THE ROADBED OF RIDGE ROAD, TO A SET IRON PIN; THENCE ALONG OTHER LAND OF GRANTOR, SOUTH FORTY-EIGHT (48) DEGREES FIFTY-SIX (56) MINUTES TWENTY-SEVEN (27) SECONDS WEST, A DISTANCE OF THREE HUNDRED AND ZERO HUNDREDTHS (300.00) FEET TO A SET IRON PIN; THENCE ALONG OTHER LANDS OF GRANTOR, NORTH FORTY (40) DEGREES THIRTY-SEVEN (37) MINUTES THIRTEEN (13) SECONDS WEST, A DISTANCE OF TWO HUNDRED SIXTY-SIX AND SIXTY ONE HUNDREDTHS (266.61) FEET TO THE POINT AND PLACE OF BEGINNING, PASSING THROUGH A SET POINT ON LINE TEN AND FIFTY-SEVEN HUNDREDTHS (10.57) FEET FROM THE AFORESAID POINT OF BEGINNING. PARCEL NO. 39-16-0224-014 BEING THE SAME PREMISES WHICH DORIS A. ZEIGLER, SINGLE, BY DEED DATED 09-26-05 AND RECORDED 09-27-05 IN THE OFFICE OF THE RECORD OF DEEDS IN AND FOR THE COUNTY OF CUMBERLAND IN RECORD BOOK 271 PAGE 719, GRANTED AND CONVEYED UNTO DORIS A. ZEIGLER, A SINGLE WOMAN AND LEANN M. ZEIGLER, A SINGLE WOMAN. AND THE SAID DORIS A. ZEIGLER, HAS SINCE DEPARTED THIS LIFE ON 04-27-06, INTESTATE, WHEREUPON LETTERS OF ADMINISTRATION WHERE GRANTED TO LEANN M. ZEIGLER ON 06-13-06 BY VIRTUE OF A PETITION FOR GRANT OF LETTERS DULY FILED AND PROBATED TO NO. 21-06-0526 IN THE OFFICE OF THE REGISTER OF WILLS OF CUMBERLAND COUNTY. ALTA Commitment Schedule C txn1bit A ?? C? N ?, ?, ?, :'a. "Z7 ix"t O ?'?_ ? ` m m ?=?- ? c?? ' ? ? 1f1, ( ? .? C ? C i ` `` ?J .r!:. _? N SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07217 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENIFICIAL CONSUMER DISCOUNT VS ZEIGLER LEANN 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 LEANN AKA LEANN M ZEIGLER but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT ZEIGLER 10 WEST HIGH STREET NOT FOUND , as to ZEIGLER LEANN AKA LEANN M CARLISLE, PA 17013 DEFENDANT'S ATTORNEY IS LOCATED AT THIS ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answers- -- 18.00 . .....,. 4.50 5.00 t R. ThomaVKline 10.00 Sheriff of Cumberland County .00 37.50 MCCABE WEISBERG CONWAY 01/06/2009 Sworn and Subscribed to before me this day of A. D. co C 4 ?. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07217 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENIFICIAL CONSUMER DISCOUNT VS ZEIGLER LEANN 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 LEANN M ADMINISTRATRIX OF ESTATE OF DORIS A ZEIGLER but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT OF ESTATE OF DORIS A ZEIGLER , 10 WEST HIGH STREET CARLISLE, PA 17013 NOT FOUND , as to ZEIGLER LEANN M ADMINISTRATRIX DEFGENDANT'S ATTORNEY IS AT GIVEN LOCATION. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 So answe --"? .00 f? 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 MCCABE WEISBERG CONWAY 01/06/2009 Sworn and Subscribed to before me this day of A. D. ;_?'; cry iz: r? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07217 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENIFICIAL CONSUMER DISCOUNT VS ZEIGLER LEANN 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 LEANN AKA LEANN M ZEIGLER but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT ZEIGLER 125 RIDGE ROAD NOT FOUND , as to ZEIGLER LEANN AKA LEANN M SHIPPENSBURG, PA 17257 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answers- 6.00 - - 18 . 0 0'?? - 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 39.00 MCCABE WEISBERG CONWAY 01/06/2009 Sworn and Subscribed to before me this day of A. D. _ t1i - i SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07217 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENIFICIAL CONSUMER DISCOUNT VS ZEIGLER LEANN 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 LEANN M ADMINISTRATRIX OF ESTATE OF DORIS A ZEIGLER but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT OF ESTATE OF DORIS A ZEIGLER 125 RIDGE ROAD NOT FOUND , as to ZEIGLER LEANN M ADMINISTRATRIX SHIPPENSBURG, PA 17257 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answers- 6.00 .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 MCCABE WEISBERG CONWAY 01/06/2009 Sworn and Subscribed to before me this day of A. D. l_ Q!' a r t?p SHERIFF'S RETURN - REGULAR CASE NO: 2008-07217 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENIFICIAL CONSUMER DISCOUNT VS ZEIGLER LEANN ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ZEIGELR LEANN AKA LEANN M ZEIGLER DEFENDANT the , at 1620:00 HOURS, on the 2nd day of January , 2009 at 131 ANDREW COURT CARLISLE, PA 17013 LEANN ZEIGLER was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments 121 W HUNTER ROAD IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 6.00 6.30 ?'r?-?•CIJ.P .00 10.00 R. Thomas Kline .00 22.30 01/06/2009 MCCABE WEISBERG V By. day De0 f A. D. ate,`=i c_i CD LC_ cry .. ? C_j SHERIFF'S RETURN - REGULAR CASE NO: 2008-07217 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENIFICIAL CONSUMER DISCOUNT VS ZEIGLER LEANN ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ZEIGLER LEANN M ADMINISTRATRIX OF ESTATE OF DORIS A ZEIGLER the DEFENDANT , at 1620:00 HOURS, on the 2nd day of January 2009 at 131 ANDREW COURT CARLISLE, PA 17013 by handing to LEANN ZEIGLER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments 121 W HUNTER ROAD IS VACANT. Sheriff's Costs: So Answers: Docketing Service Affidavit 6.00 .00 .00 Surcharge 10.00 R. Thomas Kline .00 16.00 01/06/2009 MCCABE WEISBERG C NWA Sworn and Subscibed to By: before me this day Deputy heriff of A. D. rr: r,« f, - co t3J ?. r?.,t ly)