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Home My WebLink About05-0096PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PNC BANK, N.A. S/B/M TO CCNB BANK, N.A. S/B/M TO PARENT FEDERAL SAVINGS BANK 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 V. ROBERT W. WAEGER 210 GLENSIDE LANE CAMP HILL, PA 17011 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM pI NO. OS - 740 ?ct?tj? CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 108974 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 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 #: 108974 Plaintiff is PNC BANK, N.A. S/B/M TO CCNB BANK, N.A. S/B/M TO PARENT FEDERAL SAVINGS BANK 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 The name(s) and last known address(es) of the Defendant(s) are: ROBERT W. WAEGER 210 GLENSIDE LANE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/05/1988 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 Mortgage Book No. 925, Page: 143. 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 08/01/2004 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 #: 108974 6. The following amounts are due on the mortgage: Principal Balance $107,282.05 Interest 4,443.39 07/01/2004 through 01/05/2005 (Per Diem $23.51) Attorney's Fees 1,250.00 Cumulative Late Charges 839.32 12/05/1988 to 01/05/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 114,364.76 Escrow Credit 0.00 Deficit 172.66 Subtotal $ 172.66 TOTAL $ 114,537.42 7. 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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. 9. 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 $ 114,537.42, together with interest from 01/05/2005 at the rate of $23.51 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 HALLINAN & SfCHMIEG, LLP By: !slFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 108974 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Northern line of Creekwood Drive (50 foot wide) which said point is in the division line between Lots Nos. 36A and 37A on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 36A and 37A, North 14 degrees 26 minutes West, one hundred sixty-nine and fifty one-hundredths (169.50) feet to a point in the Southern line of Glenside Lane; thence along said Glenside Lane, in a Northeasterly direction by the arc of a circle curving to the left, said circle having a radius of one hundred seventy-two and eighty-three one-hundredths (172.83) feet, the arc distance of seventy-four and twenty-five one-hundredths (74.25) feet to a point; thence by the same, North 50 degrees 57 minutes 08 seconds East, four and sixty-two one-hundredths (4.62) feet to a point in the division line between Lots Nos. 37A and 38A; thence along the division line between Lots Nos. 37A and 38A, South 39 degrees 02 minutes 52 seconds East, one hundred fifteen (115) feet to a point; thence along the division line between Lots Nos. 37A and 39A, South 00 degrees 13 minutes East, one hundred ten and fifty-three one-hundredths (100.53) feet to a point in the Northern line of Creekwood Drive, aforementioned; thence along said line of Creekwood Drive, South 89 degrees 47 minutes West, one hundred (100) feet to a point in the division line between Lots Nos. 36A and 37A, aforementioned, at the point and place of BEGINNING. BEING Lot No. 37A on the Plan of Allendale, Section C, which said Plan is of record in the Cumberland County Recorder's Office in Plan Book 19, Page 45. HAVING THEREON ERECTED a two story brick and aluminum dwelling house No. 210 Glenside Lane. BEING THE SAME PREMISES which Arthur D. Kuhl and Jean W. Kuhl, his wife conveyed unto Robert W. Waeger and Cicily Waeger, his wife, by deed dated July 13, 1984 and recorded August 1, 1984, in the Recorder's Office in and for Cumberland County, Pa., in Record Book V, Volume 30, Page 107. UNDER AND SUBJECT to restrictions and conditions as contained in prior deed. This is a transfer from husband and wife to husband; and therefore, a tax exempt transfer. Being No. 210 Glenside Lane ile #: 108974 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, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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. . 75 Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: - f5 1 (Aj (? ?n -43 G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PNC BANK. N. A. Et al. Plaintiff V. Robert W. Waeger 210 Glenside Lane Camo Hill. PA. 17011 Defendant Court of Common Pleas Civil Term 05-96 DEFENDANTS ANSWER TO PLAINTIFF'S COMPLAINT AND NOW this 27`n day of January, 2005, comes the defendant Robert W. Waeger, , and hereby ANSWERS Plaintiff's complaint as follows: DENIED Answering defendant is without information sufficient to form a belief as to the truth of this averment or allegation, therefore it is DENIED, pursuant to PA. RCP 1029. 2. ADMITTED 3. ADMITTED as to the 1988 Mortgage, but DENIED as to PNC Bank's successors, SB/M Parent Federal Savings Bank. 4. ADMITTED 5. DENIED Answering defendant believes that the August 2004 payment was made, therefore this averment is denied as stated. 6. DENIED Answering defendant is without information sufficient to forma belief as to the truth and calculations of this averment, therefore it is DENIED pursuant to PA RCP 1029. Answering defendant believes that the principal amount allegedly owed is incorrect and the interest calculation is incorrect. 7. DENIED Answering defendant is without sufficient information to form a belief as to the truth of this averment. S. DENIED Answering defendant does not believe that lie has received an appropriate Act 6 and Act 91 Notice. 9. ADMITTED WHEREFORE, Defendant requests either judgment in his favor, or dismissal of this mortgage foreclosure action. By: Robert W. Waeger, E: Attorney ID # 23656 P.O. Box 234 Harrisburg, PA 17108 717-783-3770 x206 Certificate of Service I, Robert W. Waeger, Esq. hereby certify that I served a true and correct copy of Defendants ANSWER to Plaintiffs Complaint Upon Francis S. Hallinan, Esq. One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 This ay Of 1111V,'11 2005 via first class U.S. Mail. BY Z, Robert W. Waeger, ?,?, ?, ?, ? _, ?';; ?? ?tr 4 t _ 1_ '1 ??1 ?(-?='. _. L~? SHERIFF'S RETURN - REGULAR CASE NO: 2005-00096 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS WAEGER ROBERT W PL. 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 WAEGER ROBERT W the DEFENDANT , at 1935:00 HOURS, on the 10th day of January 2005 at 210 GLENSIDE LANE CAMP HILL by handing to SHEILA CLARK, GIRLFRIEND, ADULT IN CHARGE 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 10.36 Affidavit .00 Surcharge 10.00 .00 38.36 Sworn and subscribed to before 015 me this day of )ev A.D. ? n ?-G 71?.POo 7rIf" Prothonotary So Answers: Thomas Kline 01/11/2005 PHELAN HALLINAN SCHMIEG By: Dep y'Sheriff i PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PNC Bank N.A. S/BIM to CCNB Bank, N.A. S/B/M to Parent Federal Savings Bank 1120 West Parkland Avenue Milwaukee, WI 53224 Plaintiff vs. Robert W. Waeger 210 Glenside Lane Camp Hill, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 05-96 CIVILTERM PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Please withdraw the Complaint and mark the case Discontinued and Ended without prejudice in the above referenced case, Date: 7 (? (01 Francis S. Hallinan, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PNC Bank N.A. S/B/M to CCNB Bank, N.A. S/B/M to Parent Federal Savings Bank 1120 West Parkland Avenue Milwaukee, WI 53224 Plaintiff vs. Robert W. Waeger 210 Glenside Lane Camp Hill, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 05-96 CIVILTERM CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiffs Praecipe to Withdraw Complaint was served by regular mail on the following parties on the date listed below: Robert W. Waeger, Pro Se 210 Glenside Lane Camp Hill PA 7011 DATE: i Francis S. Hallinan, Esquire Attorney for Plaintiff T} Fn F