The URL can be used to link to this page

Home My WebLink About04-2505 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK, F/KIA BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE OF MELLON MORTGAGE CRA MORTGAGE 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ()I../ - ~ S"'ClS C/U.! L~VVJ Plaintiff v, CUMBERLAND COUNTY BRENDA L. EHLMAN 94 ASHFORD DRIVE ENOLA, PA 17025 Defendant(s) 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 attomey 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle. PA t7013 (800)990-9108 File #: 89302 File #: 89302 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 ESTATE. 1. Plaintiff is DEUTSCHE BANK, F/KIA BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE OF MELLON MORTGAGE CRA MORTGAGE 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2. The name(s) and last known addressees) of the Defendant(s) are: BRENDA L. EHLMAN 94 ASHFORD DRIVE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3, On 12/14/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1186, Page 522. By Assignment of Mortgage recorded 7/17/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No.582, Page 913. 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 11/01/2003 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 #: 89302 6. The following amounts are due on the mortgage: Principal Balance Interest 10/0 1/2003 through 06/01/2004 (Per Diem $9.03) Attorney' s Fees Cumulative Late Charges 12/14/1993 to 06/01/2004 Cost of Suit and Title Search Subtotal $52,741.87 2,212.35 1,250.00 78.80 $ 550.00 $ 56,833.02 Escrow Credit Deficit Subtotal - 116.77 0.00 $- 116.77 TOTAL $ 56,716.25 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 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) haslhave 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. 9. 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 $ 56,716.25, together with interest from 06/01/2004 at the rate of$9.03 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN,AND PHELAN, HP II I! j) '<: /..JJ/.-; By: /s/Fra~l&lr~lIalTIfian ' FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 89302 ALL :rHA'1' CERTAIN pi~E or pnr~cl of land e1.tuate in t.he TOWTt5hip of Easl:. PQnnsbo~, Count:y of CUR1berland~ and Comnonwealt.h of. PennsylvClnia. more part.icularly bounded and described as fol1ous~ to wit: PBGINNING a~ a point on the 5outhQ~n line of Ashf~d Drive (50 f~et wide) a~ t;.hllll ncrUleast.ern cor:ncr of Lot No~ 30 on the hereinaftQr mentioned pLan of lots; thanCe along AshforQ O~ivQ the tollowi"9 I:.wo ~Qurses and distances; (1) by b curve extending to the right in 8 northeascerly direction and having a radiu$ of thirty (30) feQt~ en arc distance of th~ee ~nd sixty-two hundredths (3_62) feet to a poin~; (2) North 80 dagrees 37 minute$ 30 58conds East. a dis~ance of seventeen ~nd ~wo hUndred~h~ (17.02) feet to a point at Lot No. 32 on the hereinafter lnentioned plan of ~ots; then~e by ~ot No_ 32 Soueh 24 dog~~O$ 10 minutes ~5 ._econds East a dlstance of one hundred fo~~y-fou~ and ei9~ty hundrodth~ (144_80) feot to a point at ~ot Mo.-16 as shown on Plan Book 37~ Page 98, then~e by Lot No. 18 and Lot No. 17 on ~lan Book 37, page 98 South 80 degrel~s 37 minutes 30 seeonds West: a distance of twent.y and sixty-nin~ hurtdred~h~ (20.6~) feet to a point at Lot No. 30 on the herainat:t;e..- mentioned f,lan of lots; thence by Lot No. 30 Not:'"th 24 degrees 10 minutes S5 seconds Ne$t, a distance ot one lwnared :forty-four .;and fifty- seven hundredths (~44.!;7) feet. to a pointl the place of aEGINt:UNG. B6ING Lot No. 31 on a J~inal subdivision Plan for RObe~t D. ~eiscnrin9 and Donna ft. Leisenring tnade by D.P.. a...efenspergec ^s3oc;'iates as .finally revised on sept.E!lJlber .3, 1980 arl.;t recordad in CUtnber1aT1d County Plan Book 3!iJ, Page 13 o::NTAINtNG 2,896 squaC(~ ~e@t. HAVING t.hereon erected a tOWnhou;:s:e being known and' nwnberll!!d 94 ^shf'ord Deive. Enol{l, Pennsylvania. UNDER AND SUB.1ECT~ nevElrthQ~as$# t,Q a fi:t'teen {1S) foot acc~ eaaell1ent and a portion of .ea t\ol'eoty (20) .foot drainage easement as shOW(! on the above~et$cribed pla.n. aElNG ZHB SAMB PReMI~ which ~~me~ Carl Hetrick, a 3in91~ mah~ by his deed dated OeCARVGI::' 291 1987. a.nd t'ecorded December 30~ 1987. .in the Of{iclii! of the Recorder of Deeds. i" and for CUfaberland COUr'itYI in ~ Book c. volumeo 33~ Page Sl48~ grantlS!d and conveyed unto Joseph G_ Nadzom and Bonnie E~ Nadzom, his wife. Grantoc~ herein. -"-~" PREKISESE BEING: 94 ASHFORD ~RIVE VERIFICATION E.Michele deCraen hereby states that she is ASSISTANT SECRETARY of ALLIANCE MORTGAGE COMPANY mortgage servicing agent for Plaintiff in this matter, that she 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 her knowledge, infonnation 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. {~tl ci.DQ~Jl't1{1 OJ\- DATE: C;!;;.y;/Ol/ 'Ti (.) -(Q ~ U( Crr... r"",' C) ~2 -I' ....... W U( , ~I! -,- ~ 51 D :j': e ~ I -.,.., CI) ..t::. CJ ' . ...... -{) ~ n t ~ '" " ......z.---f--.. SHERIFF'S RETURN - REGULAR CASE NO: 2004-02505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUETSCHE BANK FKA BANKERS TRUS VS EHLMAN BRENDA L SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon EHLMAN BRENDA L the DEFENDANT at 1830:00 HOURS, on the lOth day of June , 2004 at 94 ASHFORD DRIVE ENOLA, PA 17025 by handing to SUZIE BOWMAN, ROOMMATE, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments THERE IS NO SUCH ADDRESS AS RR1 BOX 590 ENOLA, PA. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.35 .00 10.00 .00 38.35 So Answers: .r~~-- R. Thomas Kline Sworn and Subscribed to before 06/14/2004 FEDERMAN & PHELAN ~l 01/7 Deputy Sh~i1ff By: me this :l.l...J.... day of \ )#V--" db-a'{ A . D . ( L/, () )uJ;i'",~ LP-aJ7 lPfothonotary I 1 ' FEDERMAN AND PHELAN, LLP "By: Prank Pederrnan, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Prancis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff DEUTSCHE BANK, FfKlA BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE OF MELLON MORTGAGE CRA MORTGAGE Plaintiff Court of Comrnon Pleas CUMBERLAND County No. 04-2505 CT vs. BRENDA 1. EHLMAN Defendant( s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the cornplaint filed in the instant matter, without prejudice, and rnark this case discontinued and ended, upon payrnent of your costs only. 1 k J b1 Date ' I ~$1/)t/VJ l)jJj~ ~~derrnan, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff ... .--, C-:..J C~.:'l J:'" '-- c: rn-- o -n .-1 --r rnp] ~g8 ;~~:: :-~~>t~ :;;! -,-, :'~) CI" -l='" c-> ::<