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Home My WebLink About05-2360 PHELAN HALLINAN & SCHMIEG. LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., ld No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 W ACHOVIA BANK, N.A., AS TRUSTEE 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIl. I)IVISION TERM NO. Df; - ,23t,6 C~(.);[ ~YvJ.. CUMBERLAND COUNTY v. KEITH J. ZEIGER, JR. 635 DUNKLE STREET HARRISBURG,PA 17104 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECI,OSVRE 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 wriling 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 HA VE 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 MAYBE 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, P A 17013 (800)990-9108 File#: 116105 File #: 116\05 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. S 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 REQlJIRE 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. 1. Plaintiff is WACHOVIA BANK, N.A., AS TRUSTEE 11200 WEST PARKLAND AVE. MILWAUKEE, Wl 53224 2. The name(s) and last known address(es) of the Defendant(s) are: KElTH J. ZEJGER. JR. 635 DUNKLE STREET HARRlSBURG, PA 17104 who is/are the mortgagor(s) and real owner(s) of the property hereinafter descrihed. 3. On 03/1 7/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to W ASHlNGTON MUTUAL BANK, FA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 4871, Page: 483. PLAINTIFF is now the legal owner ofthe mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments ofprincipaJ and interest upon said mortgage due 12/01/2004 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#: 116105 6. The following amounts are due on the mortgage: Principal Balance Interest 1110 1 /2004 through 05/04/2005 (Per Diem $5.31) Attorney's Fees Cumulative Late Charges 03/17/2003 to 05104/2005 Cost of Suit and Title Search Subtotal $28,178.79 982.35 1,250.00 67.10 $ 550.00 $ 31,028.24 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 31,028.24 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice oflntention 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistancc by the Pennsylvania Housing Finance Agency. 9 This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 31,028.24, together with interest from 05/04/2005 at the rate of $5.31 per diem to the date of Judgment, and oiher costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, ~LI /J /J J__'AA"" ~ ~ ' By /siF7aM~;~an LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 116!OS U~GAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate on South Fourteenth Street in the City of Harrisburg, Dauphin County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on said Foul1eenth Street, 37 feet Southwardly from the Southeast comer of Fourteenth Street and Thompson A venue at a comer of a ihree feet wide private alley; ihence along Fourteenth Street toward Derry Street, 17 feet to a point at line of property now or formerly of Benjamin H. Engle; thence along the line of said property at right angles to Fourteenth Street, 80 feet to a three feet wide private alley; thence along said alley towards Thompson A venue, 17 feet to a three feei wide alley; thence along said alley 80 feet to Fourteenth Street, the place of BEGINNING. BElNG the same premises which K.L.P. Realty, LLC, by deed dated October 16, 200] and recorded October 31,2001 in Dauphin County in Deed Book Volume 4150 at Page 335, granted and conveyed unto Keith Zeigler, Jr. THIS TRANSFER IS FROM SELF TO SELF THEREFORE NO REALTY TRANSFER TAXES ARE DUE. Together with all and singular the tenements, hereditaments and appurtenances to the same belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof: AND ALSO all the esiate, right, title, interest, property, claim and demand whatsoever, both in law and equity, ofthe Grantor, of, in, to or out of the said premises, and every part and parcel thereof. PROPERTY BEING: 119 SOUTH 141>. STREET File #: I {610S 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. ,1) J1L- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE:1d- "KJ (") ~ -.n-P (;-, ~ \ Vc. (f\ -c::. .<0 () c-> C~, C) (\ _. L;;~ -11 I' ...... ..c 10 c::.n g " "\ ~ --\ ~ ~ :.-'" "r - .",.....,-'1 ?' L - w ~ -- - rl'r:.:: ~ ~ V, 1 ~ ill ~ ~(j ..::? ~ F 0/ ~~ ~ -.....:t '- ~ ~ (' t)- C) ~ J:- {,,) ':> <.cO L.-- (\ -i) ; 0 Z ~ ~ ~ I/) b ~ ~ ..... "i :--- i.- \"'-. "i:> ?, r '- (\ '" L t -,..,. ..... , (\ ~ v " - 2:. "- ~ ..... \il ~ .;- t ~ ~ -t 'tl ~ 7' ~ e ., ~ .,... ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02360 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NA VS ZEIGER KEITH J JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ZEIGER KEITH J JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 21st , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage 18.00 9.00 10.00 26.25 .37 63.62 06/21/2005 PHELAN HALLINAN So answ~rs:.f- .//~ .~ .....---;'.~. R'~~::e~:'Y Sheriff of Cumberland County ~ SCHMIEG Sworn and subscribed to before me this 2. it?- day of ~ ;lOD6 A.D. ~. 0 /-vuPI,. ~ Prothonotary' In The Court of Common Pleas of Cumberland County, Pennsylvania Wachovia Bank NA VS. Keith J. Zeiger Jr. No. 05-2360 civil Now, May l~, 2005 ,I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~#J Sheriff of Cum berland County, P A Affidavit ofSernce Now, ,20 , at o'clock M. served the within upon at by handing to a copy of the original and made lmown to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this day of , 20_ COSTS SERVICE . 'MILEAGE AFFIDAVIT $ $ @ffb:~ llf tlyc ~4c:riff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 171 0 I ph: (7i 7) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WACHOVIA BANK vs County of Dauphin ZEIGER KEITH J JR Sheriff's Return No. 0870-T - -2005 OTHER COUNTY NO. 05-2360 AND NOW:June 10, 2005 at 9:12AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon ZEIGER KEITH J JR by personally handing to DEFENDANT 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 635 DUNKLE ST HBG, PA 17104-0000 Sworn and subscribed to So Answers, Jf~ before me this 13TH day of JUNE, 2005 NOTARIAL SEAL MARY JANE SNYDER, Notary Public I Highspire, Dauphin County My Commission Expires Sept. 1,2006 ~~ Sheriff's Costs:$26.25 PD 05/13/2005 RePT NO 206899 MP PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., ld. No. 32227 Francis S. Hallinan, Esq., ld. No. 62695 Daniel G. Schmieg, Esq., ld No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 W ACHOVIA BANK, N.A., AS TRUSTEE Plaintiff vs. KEITH JL. ZEIGER, JR. Defendant(s) Attorney for Plaintiff Court of Common Pleas CUMBERLAND County No. 05-2360 PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. fe (1 ;;~ Date ( By:--2~ < 4k Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff Cl ~.; ,..., co> = ,~"'l N c::> o ~n .-\ ::G,-Jo r"r ~\T:; ~~"., ~'?~ I:) \~:i~\ ;~) ,f\ ::;~ ~~ 'f? o Cf) -