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HomeMy WebLinkAbout07-1662PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 149210 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. ANNE MARIE ATSE A/K/A ANNE-MARIE ATSE MAMADOU CISSOKO A/K/A MAMADOU M. CISSOKO 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07 - 14L2 1 u". CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 149210 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 #: 149210 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 File k 149210 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 #: 149210 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ANNE MARIE ATSE A/K/A ANNE-MARIE ATSE MAMADOU CISSOKO A/K/A MAMADOU M. CISSOKO 1111 BALTIMORE ROAD SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/30/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FREMONT INVESTMENT & LOAN which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1941, Page: 3567. 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. File #: 149210 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2006 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. The following amounts are due on the mortgage: Principal Balance $167,551.18 Interest $6,693.37 10/01/2006 through 03/22/2007 (Per Diem $38.69) Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 02/03/2006 to 03/22/2007 Cost of Suit and Title Search $550.00 Subtotal $176,044.55 Escrow Credit ($71.16) Deficit $0.00 Subtotal $71.16 TOTAL $175,973.39 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. File #: 149210 8. Plaintiff is not seeking a judgment of personal liability (or an in nersonam 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 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. File #: 149210 10. 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 $175,973.39, together with interest from 03/22/2007 at the rate of $38.69 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 HAAL-LINAN & SCHMIE LP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 149210 LEGAL DESCRIPTION SITUATE IN SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AS IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN TO BE SET AT THE NORTHWESTERN CORNER OF LOT NO. 57 ALONG BALTIMORE ROAD; THENCE NORTH 49 DEGREES 36 MINUTES 01 SECOND EAST, 178.58 FEET TO AN IRON PIN TO BE SET; THENCE ALONG THE COMMON LINE OF LOTS 27 AND 57, SOUTH 40 DEGREES 11 MINUTES 22 SECONDS EAST, 81.00 FEET TO AN IRON PIN TO BE SET AT THE SOUTHEASTERN CORNER OF LOT 57; THENCE ALONG THE COMMON LINE OF LOTS 57 AND 58, SOUTH 49 DEGREES 36 MINUTES 01 SECOND WEST, 178.28 FEET TO AN IRON PIN TO BE SET; THENCE ALONG BALTIMORE ROAD, NORTH 40 DEGREES 23 MINUTES 59 SECONDS WEST, 81.00 FEET TO AN IRON PIN TO BE SET. BEING THE POINT AND PLACE OF BEGINNING. CONTAINING 14,453 SQUARE FEET AND BEING LOT 57 PURSUANT TO THE HAMPTON HILLS, PHASE I FINAL SUBDIVISION PLAN, DATED FEBRUARY 2, 1996 AND REVISED MARCH 1, 1999, PREPARED BY MARTIN AND MARTIN, INC., AND RECORDED ON OCTOBER 5, 2001 IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA AT PLAN BOOK 84, PAGE 14. PROPERTY BEING: 1 I I I BALTIMORE ROAD File #: 149210 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 unworn falsification to authorities. -, J ka."' FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: e]'?? - ? 4 j • /? ? 4 ? ?.115? V ,zf 0 t/3 PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 Daniel G. Schmieg, Esquire I.D. No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee for Fremont Home Loan Trust 2006-1 VS. Anne Marie Atse A,/K/A Anne-Marie Atse Mamadou Cissoko A/K/A Mamadou M. Cissoko Plaintiff Defendant(s) Attorney for Plaintiff Court of Common Pleas Cumberland County No. 07-1662 Civil Term 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. P I I Q f 0 -7 Date Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff 149210 ? ° ? _ ? t ? ?- ???, xi ? ? 1 ?? r. `° ? -cs -.. ?-'? -t5 ? '? f? C-- r' .. ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL CIVIL DIVISION TRUST CO., as Trustee for Fremont Home Loan Trust 2006-1, No. 07-1662 CIVIL TERM Plaintiffs), vs. ANNE MARIE ATSE, a/k/a ANNE- MARIE ATSE, MAMADOU CISSOKO a/k/a MAMADOU CISSOKO, Type of Pleading: ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE Filed on behalf of. Defendant(s). ANNE MARIE ATSE, a/k/a ANNE- MARIE ATSE, MAMADOU CISSOKO a/k/a MAMADOU CISSOKO, Defendant(s) Counsel of Record for this Party: Fred W. Freitag IV, Esquire Pa I..D. # 61770 1040 Fifth Avenue Pittsburgh, PA 15219 (412) 261-5030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL CIVIL DIVISION TRUST CO., as Trustee for Fremont Home Loan Trust 2006-1, No.07-1662 CIVIL TERM Plaintiffs), vs. ANNE MARIE ATSE, a/k/a ANNE- MARIE ATSE, MAMADOU CISSOKO a/k/a MAMADOU CISSOKO, Defendant(s). ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE AND NOW, comes the Defendant(s), ANNE MARIE ATSE, a/k/a ANNE-MARIE ATSE, MAMADOU CISSOKO a/k/a MAMADOU CISSOKO, by and through his/her/their attorney, Fred W. Freitag IV, Esquire, and aver as follows: 1. Paragraph 1 is ADMITTED. 2. Paragraph 2 is ADMITTED in part and DENIED in part. It is ADMITTED Defendant's name and address are as listed. The balance of Paragraph 2 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 2 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 3. Paragraph 3 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 3 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 4. Paragraph 4 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 5. Paragraph 5 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 6. Paragraph 6 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 7. Paragraph 7 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. Paragraph 8 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 9. Paragraph 9 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. WHEREFORE, Defendant(s) requests this court to enter a judgment in their favor and or dismiss the Plaintiffs complaint. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL CIVIL DIVISION TRUST CO., as Trustee for Fremont Home Loan Trust 2006-1, No. 07-1662 CIVIL TERM Plaintiff(s), vs. ANNE MARIE ATSE, a/k/a ANNE- MARIE ATSE, MAMADOU CISSOKO a/k/a MAMADOU CISSOKO, Defendant(s). VERIFICATION I, Fred W. Freitag IV, Esquire, verify that I am attorney for the Defendant(s) ANNE MARIE ATSE, a/k/a ANNE-MARIE ATSE, MAMADOU CISSOKO a/k/a MAMADOU CISSOKO and am authorized to make this verification on his/her/their behalf to expedite the litigation because he/she/they is/are out of town. The foregoing pleading is true and correct to the best of my knowledge and belief' I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL CIVIL DIVISION TRUST CO., as Trustee for Fremont Home Loan Trust 2006-1, No. 07-1662 CIVIL TERM Plaintiffs), vs. ANNE MARIE ATSE, a/k/a ANNE- MARIE ATSE, MAMADOU CISSOKO a/k/a MAMADOU CISSOKO, Defendant(s). CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that I am this April 26, 2007 serving a true and correct copy of the foregoing ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE as follows: by hand delivery _X by first class mail, postage prepaid on the following: FRANCIS S. HALLINAN, ESQ. LAWRENCE T. PHELAN, ESQ. PHELAN, HALLINAN & SCH IIEG, LLP ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 April 26, 2007 Date W. Fr ag IV, Esquire ne or Defendant(s) rn ? f- t_ , SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01662 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ATSE ANNE MARIE 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 CISSOKO MAMADOU AKA MAMADOU M CISSOKO but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT CISSOKO , 1111 BALTIMORE ROAD NOT FOUND as to CISSOKO MAMADOU AKA MAMADOU M SHIPPENSBURG, PA 17257 PER ANNE MARIE ATSE, DEFENDANT MOVED OVERSEAS 2 MONTHS AGO. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 ?- .00 2 1. So answer R. omas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 04/12/2007 Sworn and Subscribed to before me this day of A. D. 1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01662 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ATSE ANNE MARIE ET AL SHANNAN SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ATSE ANNE MARIE AKA ANNE-MARIE ATSE DEFENDANT the at 0958:00 HOURS, on the 3rd day of April , 2007 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE. PA 17013 ANNE MARIE ATSE 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. Sheriff's Costs: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 y? r3??1 ) _V 37.60 Sworn and Subscibed to before me this day So Answers: 00 R. Thomas Kline 04/12/2007 PHELAN HALLINAN SCHMIEG By: ?L i 'i?' Deputy eriff of A. D.