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Home My WebLink About09-2584IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR4 PLAINTIFF CIVIL Division Case Number: bQ _al5®q 0AydTerP& VS ALAN S. HOLLINGSWORTH AND KELLY A. HOLLINGSWORTH DEFENDANTS CERTIFICATE OF LOCATION 3 FORTUNA LANE ENOLA, PA 17025 EAST PENNSBORO TOWNSHIP PARCEL No: 09-15-1288 Type of Pleading Complaint in Mortgage Foreclosure Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca PA 15061 (724 28- 33 By: D L J. MANCINI, ESQ. PA I.D. o. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirtn@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURI TIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR4 Case Number: PLAINTIFF VS MORTGAGE FORECLOSURE ALAN S. HOLLINGSWORTH AND KELLY A. HOLLINGSWORTH DEFENDANTS CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURTTIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR4 Case Number: PLAINTIFF VS MORTGAGE FORECLOSURE ALAN S. HOLLINGSWORTH AND KELLY A. HOLLINGSWORTH DEFENDANTS AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSAPJO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSAPJO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION ONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU ARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y EQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA JECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirtn(&attomadanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CIVIL Division COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-13R4 Case Number: PLAINTIFF VS MORTGAGE FORECLOSURE ALAN S. HOLLINGSWORTH AND KELLY A. HOLLINGSWORTH DEFENDANTS 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 UNTI 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 O ORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEB UNTI WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Daniel J Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirmna,attompj danielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR4 PLAINTIFF VS ALAN S. HOLLINGSWORTH AND KELLY A. HOLLINGSWORTH DEFENDANTS CIVIL Division Case Number: U`I - ?? ?? ?.(,vrt Te-- MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR4, whose address is c/o Mancini & Associates, 201 A Fairview Drive, Monaca, PA 15061. 2. Defendants are ALAN S. HOLLINGSWORTH AND KELLY A. HOLLINGSWORTH, whose last known address is 3 FORTUNA LANE, ENOLA, PA 17025. ALAN S. HOLLINGSWORTH AND KELLY A. HOLLINGSWORTH are the mortgagors and the recorded owners of the mortgaged property hereinafter described. 3. On or about, 12/19/06, ALAN S. HOLLINGSWORTH borrowed $163,500.00, and in the enforcement of said debt executed and delivered a mortgage upon the premises hereinafter described to the lender MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR DANA CAPITAL GROUP, this mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County in Mortgage Record Book 1978, Page 3312. This mortgage is incorporated herein by reference in accordance with Pa. R.C.P. 1019 (g).Your plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR4 is now the current owner of said mortgage, and the assignment evidencing this ownership will be sent for recording at a later date. 4. The land subject to the Mortgage is 3 FORTUNA LANE, ENOLA, PA 17025, and is more particularly described in Exhibit "A", which is attached hereof and part of this Complaint. 5. The Mortgage is in default because monthly payments of principal and interest upon said mortgage due DECEMBER 1, 2008, and each month thereafter are due and unpaid, and by the terms of said Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. Unpaid Principal Balance $ 162,821.23 Delinquent Balance, including Interest at $43.27 per diem $ 7,489.37 From l l / 1 /08 to 4/22/09 (based on contract rate of 9.7%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 4,776.84 Accrued Late Charges $ 979.70 Bad Check Fees $ 00.00 Attorney's Fee $ 8,141.06 Total $ 184,208.20 * * Together with interest at the per diem rate noted above after DECEMBER 1, 2008, and other charges and costs to date of Sheriff's Sale. 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 Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable, or that are actually incurred by Plaintiff. 6. No judgment has been entered upon said Mortgage in any jurisdiction. 7. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 or 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant on FEBRUARY 3, 2009, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 9. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure `IN REM' for the aforementioned total amount due together with interest at the rate of 9.7% ($43.27 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclose and sale of the property within described. Daniel J. M ci ', Esq. Attorney Bar: PA 39353 MMIT "A" ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATE IN FAST PENNSBORO TOWNSHIP, CUMBERLAND COMM, COMMONWEALTH OF PENNSYLVANIA AND BEING MORE FULLY SHOWN AND DESCRIBED AS LOT 2 ON A SUBDIVISION PLAN T)ETL b "JAHI,lp FARM" PREPARED BY JOSEPff H. SMY, ENGINEER & SURVEYOR (PLAN NO. C-12$7) AM RECORDED IN PLAN BOOK 65, PAGE 63, CUMBERLAND COUNTY RECORDS, TO WIT: BEGINNING AT A POINT ON THE WESTERN RIGHT OF WAY LINE OF FORTUNA LA" (50 FEET WIDE), SAID POINT BEING APPROXIMATELY 205 FEET NORTHERLY FROM THE MIDDLIC OF BROWNS LANE; THENCE ALONG SAID RIM OF NAY LINE, SOUTH 33 DEG. 31136" EAST, 80 FEET TO A, POINT; THENCE LEAVING FORTUNA LANE AND FOLLOWING ALONG LOT 1 OF THE ABOVE-REFERRNCED JARLIN FARM SUBDIVISION, SOUTH 56 DEG. 28'22" WEST, 100 FEET TO A POINT IN LINE OF LAND OF THE PENN HILLS SUBDIVISION AS SHOWN IN PLAN BOOK 61, PAGE 79; THENCE PARTLY ALONG LOT 10 AND PARTLY ALONG LOT 9 OF PRNN HILLS, NORTH 33 DEG. 31'38' WEST, 60 FEET TO A POINT; THENCE ALONG, LOT 3 OF THE ABOVE RSFSRSNCED JARLIN FARM SUBDIVISION,-NORTH 56 DEG. 2$122" EAST, 100 FEET TO THE POINT OF BBGINNINO. BEING THR SAME PROPERTY CONVEYED TO ALAN S. HOLLINGSWORTH AND KELLY A. HOLLINGSWORTH, HIS WIPE BY DEED FROM HARRY B. CLARK AND JOYCE CLARK, HIS WIFE REC'ORDID 11/04/1996 IN DEED BOOK 148 PAGE 643, IN THE OFFICE OF THE RECORDER OF DRBDS OF CUMBERLA1aTD COUNTY, PENNSYLVANIA. /e BK ! 978PG3329 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)7284233 mancinilawfirmC&attomeydanielmancini com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUUST CIVIL Division COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2007 SECURITIZED ASSETBACKED RECEIVABLES LLC TRUST 2007-BR4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-BR4 Case Number: PLAINTIFF VS MORTGAGE FORECLOSURE ALAN S. HOLLINGSWORTH AND KELLY A. HOLLINGSWORTH DEFENDANTS VERIFICATION Daniel J. Mancini, Esq., hereby states that he is the attorney for Plaintiff in this matter, that He is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure 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. Further, counsel submits that Plaintiff is outside the court's jurisdiction and verification cannot be obtained with the time allowed for filing the pleading. It is counsel's intention to substitute a verification from Plaintiff. Dated: April 22, 2009 ..? ti L!f ail IL ., G_ -? 419.50 p o Al' y 010 Bw S er# a,24aa y Sheriffs Office of Cumberland County R riff Thomas Kline utr of 4urrrj,rpt??? Edward L Schorpp Solicitor Ronny R Anderson Jody S Smith Chief Deputy fi = Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/29/2009 08:36 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 29, 2009 at 2036 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Alan S. Hollingsworth, by making known unto Alan S. Hollingsworth personally, at 3 Fortuna Lane, Enola, Cumberland County, Pennsylvania, 17025, its contents and at the same time handing to him personally the said true and correct copy of the same. 05/01/2009 07:05 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kelly A. Hollingsworth, but was unable tc locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not founc as to the defendant Kelly A. Hollingsworth. The Enola Postmaster has given a new address for Kelly A. Hollingsworth of 417 W. Perry Street, Apt. A Enola, Cumberland County, Pennsylvania 17025. However, current tennant states Kelly A. Hollingsworth moved two years ago. An exact address is not available. SHERIFF COST: $63.40 SO ANSWERS, May 01, 2009 R THOMAS KLINE, SHERIFF 2009-2584 Deutsche Bank National Trust Co. S Alan S. Hollingsworth By n ? a f 2 Cp? 1 ? : <' 4 I7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r~~ m~~~~~~ L ~ ~~ Tl~ Sheriff ~~~„tr at i~t,nb~r1~~~ t~QTH Jody S Smith zQ1t~ Ml~+~ '3 At~ ~~. ~~ Chief Deputy Edward L Schorpp ~~1;,~~, ~ .. .,, „ Solicitor - ~.~ ..r~,~~ r r a ; ; " `~~-'~~'~~ ~,,,~~, v. v~ ' L.vr`ei . Ira Deutsche Bank National Trust Company Case Number vs. Alan S. Hollingsworth (et af.) 2009-2584 SHERIFF'S RETURN OF SERVICE 02/26/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kelly A. Hollingsworth, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Kelly A. Hollingsworth. Request for service at 205 Chester Road, Enola, PA 17025 is the residence of the defendant's ex sister in law, she stated Kelly A. Hollingsworth does not live at this address anymore. However, the Enola Postmaster has confirmed Kelly A. Hollingsworth's mail is delivered to 205 Chester Road, Enola, PA 17025. An alternate request for service at 142 Tory Circle, Enola, PA 17025 is not Kelly A. Hollingsworth's residence. SHERIFF COST: $60.00 February 26, 2010 SO RO,NNY~t ANDERSON, SHERIFF (r; rnuni,Sait~ ShenP, ie~^-c<vff, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~ c ~, , #~titn ci ~'ntrrbrt~f~1~~ ~u ~~;;~~Y Jody S Smith Chief Deputy ~ ~ ~~-, z~ ~ ~ ~~~ ~~ ~d ~ ~' S g Edward L Schorpp `~ Solicitor ~srr,~E : ~ F. ~ g..cRt€~ GU~Jr ~~: ~ , -.r; ,, ~~i w Vet i 3..}J~nl`1;~~1 Deutsche Bank National Trust Company Case Number vs. 2009-2584 Alan S. Hollingsworth (et al.) SHERIFF'S RETURN OF SERVICE 05/17/2010 05:08 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2010 at 1703 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kelly A. Hollingsworth, pursuant to order of court by posting the premises located at 3 Fortuna Lane, Enola, Cumberland County, Pennsylvania 17025 with a true and correct copy according to law. L'~ -~ RY N BURGETT, DEPUTY SHERIFF COST: $53.50 May 18, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cj CountySuite sher$ Teleosofi, 6.c. of co David D. Buell 40., 4/4,, Renee X Simpson Prothonotary , 15` Deputy Prothonotary 7CirkS. Sohonage, ESQ 4,-Y Irene E. Morrow Solicitor „so 2 Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania 69-e2sgy CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573