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Home My WebLink About09-3117 Defendants NO. 65 - 3117 c.N;14 c-ou- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 202857 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION PLANO, TX 75024 V. Plaintiff TERM JOHN S. ZAENGLE NATALIE K. ZAENGLE 507 PARK DRIVE BOILING SPRINGS, PA 17007-9507 File #: 202857 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 (717) 249-3166 File #: 202857 Plaintiff is BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN S. ZAENGLE NATALIE K. ZAENGLE 507 PARK DRIVE BOILING SPRINGS, PA 17007-9507 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/28/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FLORIDA CAPITAL BANK, N.A. DBA FLORIDA CAPITAL BANK MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200741038. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2008 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 File #: 202857 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $215,918.11 Interest $9,648.60 11/01/2008 through 05/14/2009 (Per Diem $49.48) Attorney's Fees $1,325.00 Cumulative Late Charges $327.24 09/28/2007 to 05/14/2009 Cost of Suit and Title Search 750.00 Subtotal $227,968.95 Escrow Credit ($41.78) Deficit $0.00 Subtotal 41.78 TOTAL $227,927.17 7. If the mortgage is reinstated prior to a Sheriffs 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. 8. 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 File #: 202857 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $227,927.17, together with interest from 05/14/2009 at the rate of $49.48 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. By: Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire ,'Joshua I. Goldman, Esquire ib* ZO--10y'T Attorneys for Plaintiff Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire File #: 202857 PHELAN HALLINAN & SCHMIEG, LLP LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a point in the center line of fifty (50) foot wide L.R. 21008, Park Drive, at lands now or formerly of Clinton Souders; thence along lands of Souders North 60 degrees 20 minutes 07 seconds West 517.70 feet to a point; thence continuing along lands now or formerly of Souders North 38 degrees 25 minutes 36 seconds East 257.74 feet to a point; thence along the dividing line between Lots Nos. 9 and 10 on said Plan, South 45 degrees 33 minutes 11 seconds East, 547.60 feet to a point in the center line of said Township Route L.R. 21008; thence along said center line by a curve to the right with a radius of 1146.28 feet and a distance of 125.88 feet to a point, the Place of BEGINNING. CONTAINING 2.2978 acres. BEING further described as Lot No. 10 on the Subdivision Plan for Michael Manor II prepared by Stephen G. Fisher, R.S., revised date May 18, 1986, as recorded in Cumberland County Plan Book 50, Page 147. PARCEL #: 40-11-0286-086 PROPERTY ADDRESS: 507 PARK DRIVE File #: 202857 VERIFICATION The undersigned attorney hereby states that I am the attorney for the 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 I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitutc a vcrification 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 unworn falsifications to authorities. Atto ey for laintiff 7c5NVA- T. GW-bft " DATE: ?? ?? ib 2oso4, } OF '( )TAP Y nil Lt ?ll?,', ,F_ ? I s ?o (o `?4 3 Sheriffs Office of Cumberland County R Thomas Kline „0" °' Solicitor Sher '° Ronny R Anderson Jody S Smith Chief Deputy 0Ff1CE OF THE SKERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/22/2009 08:10 P - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 2009 at 010 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within n med defendant, to wit: John S. Zaengle, by making known unto himself personally, defendant at 507 Pa Drive Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time ha ding to him personally the said true and correct copy of the same. 05/22/2009 08:10 P - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 2009 at 010 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within n med defendant, to wit: Natalie K. Zaengle, by making known unto John Zaengle, adult in charge at 507 rk Drive Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time ha ding to him personally the said true and correct copy of the same. SHERIFF COST: $49 May 26, 2009 SO ANSWERS, ?00'0RVM*dC : R THOMAS KLINE, SHERIFF ZML64L puty Slieriff 2009-3117 BAC Home I v John Zaengle ^3 zz ° zz '.0 Co i t CX? ? h i C_n CD C FAIX C??tiT?y rv, D? Age /'-s Srl?'1 ? -f"CZI RE ;Case No 09-3117 Civil Term ?S bv ?4e! Vi! 7-41 /1 2 ?4 lid. `4. "t .S?ras 14?' //?C) C) This correspondence is to inform you that I am actively working to resolve my delinquency in order to keep my home. I am working with American Counseling Center ( AFCC ) 7954 Baymeadows way Bldg 7 Jacksonville FL 32256 Telephone number 800-824-4459 Ext -332 My Counselor, Brandi Bass A supervisor with NFCS , is aggressively assisting me To get back on tract financially. If you should have any questions, please contact Brandi at the number listed herein as she has been given authorization to speak on My behalf. Thank you for your consideration in these difficult times. incere y, John S Zaengle C -/- 09 AAA' 2009 JUN - I hi 1 •` 3, E t: {. a.' E -Or'FICE : "P O I I?ONOTAI ?, 2611 10: 0 CUMBERLAND COUNTY PENNSYLVANIA Phelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 One Penn Center At Suburban Station Attorney for Plaintiff Suite 1400 Philadelphia, PA 19103 (215) 563-7000 BAC HOME LOANS SERVICING, COURT OF COMMON PLEAS L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION 7105 CORPORATE DRIVE PLANO, TX 75024 NO. 09-3117 CIVIL TERM Plaintiff CUMBERLAND COUNTY vs. JOHN S. ZAENGLE NATALIE K. ZAENGLE 507 PARK DRIVE BOILING SPRINGS, PA 17007-9507 Defendants PHS:202857 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint, without prejudice. Date: By: Phelan, Hallinan Sc ieg, LLP Lawrence T. Phelan, sq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 ,,8heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id.No.94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorney for Plaintiff PHS:202857 Phelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 One Penn Center At Suburban Station Suite 1400 Attorney for Plaintiff Philadelphia, PA 19103 (215) 563-7000 BAC HOME LOANS SERVICING, COURT OF COMMON PLEAS L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 : CIVIL DIVISION NO. 09-3117 CIVIL TERM Plaintiff vs. JOHN S. ZAENGLE NATALIE K. ZAENGLE 507 PARK DRIVE BOILING SPRINGS, PA 17007-9507 Defendants : CUMBERLAND COUNTY PHS:202857 CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Praecipe to withdraw the complaint, without prejudice, was served via regular mail on Defendants on the date listed below: JOHN S. ZAENGLE, PRO SE NATALIE K. ZAENGLE 507 PARK DRIVE BOILING SPRINGS, PA 17007-9507 Date: By: Phelan, Hallin- & chm' g, LLP Lawrence T. Phelan, sq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Ju ith T. Romano, Esq. Id. No. 58745 Aeetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id.No.94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorney for Plaintiff PHS:202857