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HomeMy WebLinkAbout06-5126 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHlLADELPHIA, PA 19103 (215) 563-7000 137945 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPlT AL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. ESTATE OF DORIS A. ZEIGLER LEANN M. ZEIGLER, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF DORIS A. ZEIGLER 121 WEST HUNTER ROAD CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0(,. 5'J.2t.. ~ I~ CUMBERLAND COUNTY 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 LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THA T 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 #: 137945 File #: 131945 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 EST ATE. . 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-WMC3 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ESTATE OF DORIS A. ZEIGLER LEANN M. ZEIGLER, ADMINISTRATOR, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE OF DORIS A. ZEIGLER 121 WEST HUNTER ROAD CARLISLE, PA 17013 who are the real owner(s) of the property hereinafter described. 3. On 09/23/2004 mortgagor(s) DORIS A. ZEIGLER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGlSTRA nON SYSTEMS, INC.AS A NOMINEE FOR UNITE EQUITY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1884, Page: 3476. PLAINTIFF is now the legal owner of the 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 of principal and interest upon said mortgage due 03/01/2006 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 #: 137945 , 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2006 through 08/30/2006 (Per Diem $33.56) Attorney's Fees Cumulative Late Charges 09/23/2004 to 08/30/2006 Cost of Suit and Title Search Subtotal $172,862.97 7,081.16 1,250.00 233.00 $ 550.00 $ 181,977.13 Escrow Credit Deficit Subtotal TOTAL 0.00 0.00 $ 0.00 $ 181,977.13 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 ofIntention 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 haslhave 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. 10. Mortgagor DORIS A. ZEIGLER died on 04/27/2006, and LEANN M. ZEIGLER was appointed Administrator of her estate. Letters of Administration were granted to her on 06/13/2006 by the Register of Wills of CUMBERLAND County, No. 21-06-0526 Decedent's surviving heir(s) at law and next-of-kin are LEANN M. ZEIGLER. WHEREFORE, PLAINTIFF demands an in rnn Judgment against the Defendant(s) in the sum of $ 181,977.13, together with interest from 08/30/2006 at the rate of$33.56 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. PHELA~:Z/~ By: {s!Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: \37945 "l LEGAL DESCRIPTION ALL that certain tract of land situate in the South Middleton Township, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follow: BEGINNING at a point on the western side of Boxwood Lane on the dividing line between Lots Nos. 13 and 14 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 75 degrees 24 minutes west 150 feet to a point; thence North 14 degrees 36 minutes west 116.09 feet to a point on the southern side of West Hunter Road; thence by the southern side of said Hunter Road, North 85 degrees 16 minutes East 152.25 feet to a point on the western side of Boxwood Lane; thence by the western side of Boxwood Lane; thence by the western side of Boxwood Lane, South 14 degrees 36 minutes East 90 feet to the Place of BEGINNING. The improvements thereon being known as 121 W Hunter Road, Carlisle, PA 17013. BEING Lot No. 13 of Section 'F' of the Plan of Lots known as Forge Road Acres, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 20, Page 70. SUBJECT, HOWEVER, to the restrictions and conditions recorded in the Office aforesaid in Miscellaneous Record Book 166, Page 512, except as follows: I. Any dwelling house constructed on the lot shall have not less than 1100 square feet of living area. 2. The exterior dimensions of any ranch-type dwelling house constructed on either lot shall be not less than 26 feet by 44 feet, excluding garage or carport. 3. A garage or carport at least 14 feet wide shall be erected with each dwelling house. PROPERTY BEING: 121 WEST HUNTER ROAD File #: 137945 ~ . VRRIFI<:ATlQ~ 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 on 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 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. 1/~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ 0 ,..." = 0 c = ;..". cro -n r ~ ~ 1_~::';-; (/) ..... 1"""' :1:11 -c rnF ~ I -e,r'" ::'),-3 (J". ,,1 ~ \l> :-:~t~-/, ,., - ~ '- ;:?,: ;~Jf~ ~ <> , ~ .. 1Joo, '2 (",')rn -<" '" "':::- .:.:-; -., ?O ~ ._~ a:> -< PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as trustee On Behalf of the certificateholders of Morgan Stanley ABS Capital I Inc., Morgan Stanley ABS Capital I Inc. trust 2004- WMC3 Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Estate of Doris A, Zeigler Leann M. Zeigler, Administrator, Heir, and all Heirs at Law of the Estate of Doris A. Zeigler Defendant(s) No. 06-5126 C.T. PRAECIPE TO THE PROTHONOTARY: X 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, Please withdraw the complaint and mark the action discontinued and ended without prejudice. q(lit&ff f fftl1 Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 137945 o c. s~ "'tJ CU n\\r ~j":;;~, l~~ ~,E) ;;o"C z. :2. ~ c::::> t;;1" ~ -0 N N -0 :x N ., .c'" .l:- ~ ~ i; q6 .=-1 -.. z.s:n -'?'M o ~ ~ SHERIFF'S RETURN - NOT SERVED " , CASE NO: 2006-05126 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TR CO VS ZEIGLER DORIS A ESTATE ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: ZEIGLER LEANN M ADMIN/HEIR OF ESTATE OF DORIS A ZEIGLER but was unable to locate Her in his bailiwick. He therefore returns the NOTICE COMPLAINT IN MORTGAGE FORECLOSURE NOT SERVED , as to the within named DEFENDANT , ZEIGLER LEANN M ADMIN/HEIR OF ESTATE OF DORIS A ZEIGLER 121 WEST HUNTER ROAD CARLISLE, PA 17013 SERVICE RETRACTED THIS DATE BY JASON RICCO OF PHELAN, HALLINAN AND SCHMIEG. Sworn and Subscribed 18.00 5.00 .00 10.00 .00 .00 HELEN, HALLINAN II 09/11/2006 10 4 be.. ~ to before me . Thomas Kline riff of Cumberland County Sheriff's Costs: Docketing NOT SERVED RETURN Affidavit Surcharge & SCHMIEG this day of A.D.