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Home My WebLink About08-0008PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 165682 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF NEW CENTURY HOME EQUITY LOAN TRUST, SERIES 2005-A, ASSET BACKED PASS-THROUGH CERTIFICATES 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. BRIAN W. HERSHEY LINDA D. HERSHEY A/K/A LINDA D. GRACE A/K/A LINDA D. STROHM 480 BEECH TREE STREET SHIPPENSBURG, PA 17257-8857 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6$ - O$ oivil Tem CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 165682 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 #: 165682 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 #: 165682 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 #: 165682 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE HOLDERS OF NEW CENTURY HOME EQUITY LOAN TRUST, SERIES 2005-A, ASSET BACKED PASS-THROUGH CERTIFICATES 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN W. HERSHEY LINDA D. HERSHEY A/K/A LINDA D. GRACE A/K/A LINDA D. STROHM 480 BEECH TREE STREET SHIPPENSBURG, PA 17257-8857 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/9/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 2780, Page: 189. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2007 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 #: 165682 6. The following amounts are due on the mortgage: Principal Balance $177,112.07 Interest $8,071.58 06/01/2007 through 12/26/2007 (Per Diem $38.62) Attorney's Fees $1,250.00 Cumulative Late Charges $260.88 05/09/2005 to 12/26/2007 Cost of Suit and Title Search 550.00 Subtotal $187,244.53 Escrow Credit ($493.62) Deficit $0.00 Subtotal 493.62 TOTAL $186,750.91 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. 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. File #: 165682 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. 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 $186,750.91, together with interest from 12/26/2007 at the rate of $38.62 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLIN N, E DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 165682 LEGAL DESCRIPTION 'MKCT NO. 1. Beginning at a post at corner of"- Tract No. 2 hereinafter described; thence by Tract No. 2'gouth•60 degrees east'60.2 perches to a st• 1:. thence by a Public-road and land. w w or former4y o Eduard.Angle, south'60.5 degrees east -1.7 perches to a black ealc stump.; thence by land -foreierly of. Chris- • 'tian Long ,later of Capt. -Charles 1. Gai ger and now or Soi'mer?r of, Ne11se Geiger Sayer, scut .jo.75 de- green West 260.7 perches to a post- theme by lands'...`` e aerly.a George H. stWart • ONA 15.5 degrees. sre9t .::'Vi`i 38..9,paraltea to a,pos't near a white oak tree in the. - rpeA& tbence•_A tk_ 14. degrees vast" 30.4 perow, -to a posh thence .nort3i g+s wst'I?`i'?abes to' :.- a Post; thence.9dtith 1 degrees Wept 3343 •peAb'ss --to j! Post thewe south.62 .degrees rest 11 powebbs • t .'a st;. hence north 8 ss asst 4Q perSrh.to a: ` :"',. calf; thence ,?e8saifeS?r,.;jaitsp@$•'':i s 1eala9 bm?e?r1X' 6'T'02 'to ' `'.-; ? ??'ston`>?or?:5 ees.:tiaesst: 3.5• ?re??- '?3?,-' ? a• 3 •' tto•a',.:•? them .:'-. . x,.8e?rees nail '33 to'a .;f ;' s :oc¢ttc "32'? ds?s east. 23' #ro a °f+a::aaa`co e ;:.; 4??•?aad.?0?per?he's,• as ?a.?'s+rrved?.•` - •a?ti:o!''',?F?u a; -al`s may, BeQ.Te` Yn386'J. V 'FACT X0: 2. Barthain at a post at cord! :.i, iio: 1 aDoare sesl6k tberice soixtb. grsas, .r, s 60;25- pevobAs to a vesis thencs bw, a 7 tc 7ccad ,. at 25:3 "rid 3?iS`a'$btv-rs't--sarn0=ci!'dE; Df': to7met]y at Giale Mete #arper;._xte isjr• tea; - ,i 8 aos?th 5O.'?• i'da. Nest ' percrhet o a post, .t, 4F. a' pablid • road 4 :land niw ;or. rm, used : . :sink pnio •schogS 'pnrtisea{ , thence withublfz 34-1 vfit; 32.7 jP?0;4. to- a ?:11 ;'' ,:;or• b???? 'ana.•aoatgini?gg 13 ads`?•: ,- aS' •?! ? end draft; ot -'3`rDl. d. tnatl60 ot: 33, Y itcol'd3?Eig7 Y; t is cdlADl ad% area of:. ttA :Ltd tracts yet delved d Der coattst3titt iaB its Prop- aim ' - ti 'There is also excepted.and excluded from -the above deso+#w' estate,the gollowing tract of land which bras conve d by_th': herein to,RoWt E. Killhouse and Maude B. M1= t ' but which deed remains unrecorded, arA described as Beginning at a• point-located feet $`rom the cet?ter' line of Hostetter Avenue stiasured on the southeastb= - side ot- what wAy be a propos'dd 50 foot, tilde stzeet -to - r..:. be known as McGreevy Road,.proceeding•tbeno flout. yid bee point by other lands of. l}te ??i'getto;' set?h??7 ' degv=nu minutes 53 seconds east 30 ihe't to' a .po G• :' *Oxiee'by other lands-og•1he:grantor..pm* ?2,de zees 13: = srtihutes 7 :seconds vest' iWIoet to 4• pout;. other lands of the -grantor firth 57 -degreets_=ms s 53-1keconds west 150 foot to a point on. ids donut -Aide.ofWhat may be••proposid'NoCreary.Aoidl trend, along' ; 'the soutbweitgru side of what may be proppooss9a IcCrq#try ; . Road north 32,ddgmB 23 minutes 7 -146onds'east 1001 twit . to the point .4t the place vt.beg+.n, conbafn??;? i;. 15,00 square feet. BEING KNOWN AS 480 BEECH TREE STREET, SHIPPENSBURG, PA 17257-8857 PARCEL NUMBER 21-ON10-261 File #: 165682 VERIFICATION I hereby states that I am the attorney for the 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 I am 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 my 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 falsifications to authorities. DATE: Z Attorney for Plaintiff File #: 165682 t"? 1 ^T t r U% .Q co Olz t !3 ri SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00008 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HERSHEY BRIAN W 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 HERSHEY BRIAN W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , HERSHEY BRIAN W 480 BEECH TREE STREET SHIPPENSBURG, PA 17257 GIVEN ADDRESS IS LOCATED IN FRANKLIN COUNTY, NOT CUMBERLAND COUNTY. Sheriff's Costs: So answers-- Docketing 18.00 , Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 il?v J p?/ r/ 33.00 PHELAN HALLINAN SCHMIEG 01/07/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00008 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HERSHEY BRIAN W 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 HERSHEY LINDA D AKA LINDA D GRACE AKA LINDA D STROHM but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT GRACE AKA LINDA D STROHM 480 BEECH TREE STREET SHIPPENSBURG, PA 17257 NOT FOUND , as to HERSHEY LINDA D AKA LINDA D GIVEN ADDRESS IS LOCATED IN FRANKLIN COUNTY, NOT CUMBERLAND COUNTY. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 /fib/d .00 21.00 So answers , R. Thoma Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 01/07/2008 Sworn and Subscribed to before me this day of A. D. 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 For the Holders of New Century Home Equity Loan Trust, series 2005-a, asset backed pass-through Certificates Plaintiff VS. Brian W. Hershey Linda D. Hershey, a/k/a Linda D. Grace, A/k/a Linda D. Strohm Defendant(s) PRAECIPE TO THE PROTHONOTARY: : Court of Common Pleas : Civil Division : Cumberland County No. 08-08-CIVIL TERM 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. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 3 I a Francis S. Hallirian, Esquire Attorney for Plaintiff PHS# 165682 C t -in rri m r"o r F L: -r