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Home My WebLink About07-2188PHELAN 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. o'Y - 021~~ ~cv~l.~ ~' ~ - I 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 1NFORMATION 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 #: 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 $7,699.31 10/0l /2006 through 04/ 17/2007 (Per Diem $38.69) Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 01/30/2006 to 04/17/2007 Cost of Suit and Title Search $550.00 Subtotal $177,050.49 Escrow Credit ($71.16) Deficit $0.00 Subtotal $7( 1.16) TOTAL $176,979.33 7. If the mortgage is reinstated prior to a Sheriff s 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 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 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 Defendants} 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. File #: 149210 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $176,979.33, together with interest from 04/17/2007 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. PHELA LLINAN & CH IEG, LLP ~~ 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 O1 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 O1 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: 1111 BALTIMORE ROAD File #: 149210 FRANCIS S. HALLINAN, ESQUIIZE 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. ~/lee.-- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ ~ ~ ~ ~ ~ ~ V ~ ~~ V ^V ~~ r.~ ^' ~::.~ <-~ ~:-~ `' ~ _, . .,~, ~ ~_ -,.. c~ - - _ ~ - ~: _T~ a .~,.a --G fl 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 Deutsche Bank National Trust Company, as Trustee for Fremont Home Loan trust 2006-1 Plaintiff vs. Anne Marie Atse, a/k/a Anne-Marie Atse Mamadou Cissoko, a!k/a Mamadou M. Cissoko Defendant(s) ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-2188 CIVIL TERM 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. Date: 07 .~ ~ ~-,-- ,®~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 149210 ~ ~ ~ ~ -rt ,~~, -r. ' c y w ~ ~~q, -,-; ~ ~~ :.,~. ~- < ~ (".~ 1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-02188 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ATSE ANNE MARK ET AL RICHARD E SMITI~ Sheriff or Deputy Sheriff of Cumberland Courlty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ATSE ANNE MARK AKA ANNE-MARIE ATSE the DEFENDANT '~, at 1000:00 HOURS, on the 27th day of April 2007 at THEO'S 30 WALNUT BOTTOM ROAD # 207 SHIPPENSBURG, ~A 17257 by handing to T TTTTT TrtT Tl T T1 T T!T a true and att~sted copy of COMPLAINT - MORT FORE together with and at the sam~ time directing Her attention to the contents thereof. Sheriff ' s Cost Docketing Service ~~~ Affidavit ~j Surcharge 18.00 19.20 .00 10.00 .oo x.20 So Answers: - /• R. Thomas Kline Sworn and Subs~ibed to before me this day of j , 05/01/2007 PHELAN HALLINAN MIEG By. Deputy Sheriff A.D. CASE NO: 2007-02188 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST V!S ATSE ANNE MARIE ET AL R. Thomas Klin ,Sheriff or Deputy Sheriff, who being duly sworn acc rding to law, says, that he made a diligent search and inquiry for th within named DEFENDANT CISSOKO MAMADO AKA MAMADOU M CISSOKO but was unable to loca e Her in his bailiwick. He therefore returns the COMPLAINT - 2T FORE SHERIFF'S RETURN - NOT FOUND the within CISSOKO DEFENDANT NOT FOUND as to CISSOKO MAMADOU AKA MAMADOU M 1111 BALTIMOREIROAD SHIPPENSBURG, ~A 17257 PER ANNE MARIE~ATSE, MAMADOU CISSOKO MOVED OVERSEAS. Sheriff's Cost Docketing Service Affidavit Surcharge SI a4'e'l So answers : ~~~_~-- ~....-- 6.00 . 0 0 G,y .00 R. T o s Kline 10.00 Sheriff of Cumberland County .00 X00 PHELAN HALLINAN SCHMIEG 05/01/2007 Sworn and Subscribed to before me this day of A