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Home My WebLink About10-4099,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee for American Home Mortgage Investment NO.: !? - y0 9q C, f e_l Trust 2005-2, Mortgage-Backed Notes, Series 2005-2, TYPE OF PLEADING: Vs. Plaintiff, RANDI BRUCE THICKEY, aWa RANDI-BRUCE THICKEY and/or UNKNOWN OCCUPANTS, Defendants. TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HE OF LAIN FF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 4600 Regent Blvd., Suite 200 Irving, TX 75063 AND THE DEFENDANTS ARE: 5 Clearview Drive (&Wa 5 Bellaire Avenue) Carlisle, PA 17013 LCERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 5 Clearview Drive (a/k/a 5 Bellaire Avenue) North Middleton Twp, PA (CITY, BORO, TOWNSHIP) (WARD) FOR P IFF CIVIL ACTION-COMPLAINT IN EJECTMENT FILED ON BEHALF OF PLAINTIFF: Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005-2, Mortgage-Backed Notes, Series 2005-2 COUNSEL OF RECORD FOR THIS PARTY: Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center 9th Floor Pittsburgh, PA 15222 to q (412) 281-7650 _ 4 T? 62,00 rd al/ 4141 12"703 470' 943 73 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee for American Home Mortgage Investment Trust NO.: 2005-2, Mortgage-Backed Notes, Series 2005-2, Plaintiff, vs. RANDI BRUCE THICKEY, a/k/a RANDI-BRUCE THICKEY and/or UNKNOWN OCCUPANTS, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee for American Home Mortgage Investment Trust NO.: 2005-2, Mortgage-Backed Notes, Series 2005-2, Plaintiff, VS. RANDI BRUCE THICKEY, a/k/a RANDI-BRUCE THICKEY and/or UNKNOWN OCCUPANTS, Defendants. CIVIL ACTION - COMPLAINT IN EJECTMENT Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005-2, Mortgage-Backed Notes, Series 2005-2, by its Attorneys, Grenen & Birsic, P.C., files this Complaint in Ejectment, as follows: 1. Plaintiff is a lending institution duly authorized to conduct business in the Commonwealth of Pennsylvania with a place of business located at 4600 Regent Boulevard, Suite 200, Irving, Texas 75063. 2. The Defendants, Randi Bruce Thickey, a/k/a Randi-Bruce Thickey and/or Unknown Occupants are individuals whose last known address is 5 Clearview Drive (a/k/a 5 Bellaire Avenue) Carlisle, Pennsylvania 17013. 3. On or about January 6, 2010, the real property and improvements thereon commonly known as 5 Clearview Drive (a/k/a 5 Bellaire Avenue) Carlisle, Pennsylvania 17013 (hereinafter "Premises") were sold to Plaintiff pursuant to the Sheriffs Sale in Cumberland County. 4. On or about April 7, 2010, the Premises was re-exposed to Sheriff Sale in order to divest a lien encumbering the real estate. At the April 7, 2010 sheriff sale, there were no third party bidders and the January 6, 2010 sheriff sale was confirmed. A true and correct copy of the Cumberland County Sheriffs deed dated May 5, 2010 and recorded in the Recorder Office of Cumberland County, Pennsylvania at Instrument Number 201012610, which contains the legal description of the Premises, is marked as Exhibit "A," attached hereto and made a part hereof. 5. At the time of the Sheriff Sale, Defendants were occupying the Premises. 6. Plaintiff, by virtue of said Sheriffs Sale, is the owner of the Premises and therefore right to immediate possession and title to the Premises is in Plaintiff and not in Defendants. 7. On May 24, 2010, counsel for Plaintiff sent written notice to the Defendants to vacate the Premises on or before June 3, 2010. A true and correct copy of said Notice is marked Exhibit "B," attached hereto and made a part hereof. 8. Defendants are unjustly and unlawfully occupying, using and enjoying the Premises without right and to the detriment of Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants for possession of the Premises known as 5 Clearview Drive (a/k/a 5 Bellaire Avenue) Carlisle, Pennsylvania 17013, together with such other relief as this Honorable Court may deem necessary. GRENEN & BIRSIC, P.C. BY: er, Esquire D.#87325 Attorneys for Plaintiff 91h Floor, One Gateway Center Pittsburgh, PA 15222 (412) 281-7650 Exhibit "A" ROBERT P. 'ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201012610 Recorded On 5/17/2010 At 2:47:34 PM * Total Pages - 7 * Instrument Type - DEED-SHERIFF'S Invoice Number - 65707 User ID - JM * Grantor - THICKEY, RANDI-BRUCE * Grantee - AMERICAN HOME MTG INVESTMENT TRUST * Customer - SHERIFF * FEES STATE TRANSFER TAX $2,156.36 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $14.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $1,078.19 DISTRICT NORTH MIDDLETON $1,078.18 TOWNSHIP TOTAL PAID $4,377.73 I Certify this to be recorded in Cumberland County PA RECORDER O /DEDS 1730 Certification Page DO NOT DETACH This page is now part of this legal document. * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. ?IINIRNII?InIIIiIIV C. k . Tax Parcel No. 29-15-1247-033 001T1G Know all Men by these Presents That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar), to me in hand paid, do hereby grant and convey to Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005-2, Mortgage-Backed Notes, Series 2005-2 Writ No. 2008-1235 Civil Term American Home Mortgage Servicing, Inc. VS. Randi Bruce Thickey, a/k/a Randi-Bruce Thickey ALL that certain tract of land with the improvements thereon erected situate in North Middleton, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the East side of Clearview Avenue (33 feet wide) at line of Lot No. 16 on the plan of lots of Hill Top Manor, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 11, Page 39; thence from said beginning point by the line of Lot No, 1 6, now or formerly of Ralph R. Moran, North 67 degrees 30 minutes East 1 50 feet to a point; thence by land of Arthur R. and Gladys E. Klinger, South 22 degrees 30 minutes East 100 feet to a point; thence by the same South 77 degrees 20 minutes East 24.69 feet to a point; thence by the line of Lot No. 19 on said plan, now or formerly of Lee R. Bear, et ux., South 12 degrees 30 minutes West 150 feet to a point at the Northern line of Bellaire Avenue; thence by the Northern lien of Bellaire Avenue North 77 degrees 20 minute West 61.0 feet to a point; thence by a curve to the right having a radius of 80 feet, the arc distance of 76.56 feet to a point; thence by the Eastern line of Clearview Avenue North 22 degrees 30 minutes West 136.3 1 feet to a point, the Place of BEGINNING. BEING Lots Nos. 17 and 1 8 on the plan of lots known as Hill Top Manor, duly recorded in Plan Book 11, page 39. HAVING thereon erected a split-level stone dwelling. BEING the same premises which Scott Hench, married by Deed dated April 15, 2005 and recorded in the Office of the Recorder of Deeds of Cumberland County on May 2,2005 in Deed Book Volume 268 Page 3413, granted and conveyed unto Randi-Bruce Thickey The same having been sold by me to the said grantee on the 7th day of April Anno Domini Two Thousand and Ten (2010) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 29`h of April Anno Domini 2009 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Eight (2008) Number 1235 at the suit of American Horne Mortgage Servicing, Inc.-vs- Randi Bruce Thickey, a/k/a Randi-Bruce Thickey 4 7 In Witness Whereof, I have hereunto affixed my signature this 5th day of May Anno Domini Two Thousand and Ten (2010) Ronn R. Anderson, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 5th day of Ma Y Anno Domim Two Thousand and Ten (2010) '- , Ao? rothonotary I hereby certify that the residence And Post Office address of the Within Grantee is 4600 Regent Blvd, Suite 200 Irving, TX 75063 Solicitor , Exhibit "B" GRENEN & BIRSIC, P.C. ATTORNEYS AT LAW ONE GATEWAY CENTER, NINTH FLOOR - PrrrsBURC:N, PENNSYLVANIA 15222 'rEL (412) 28F-765o FAX(412)281-7657 - May 24, 2010 TO: RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY & All occupants residing at 5 CLEARVIEW DRIVE A/K/A 5 BELLAIRE AVENUE CARLISLE, PA 17013 NOTICE OF FORECLOSURE & TENAN'T'S RIGHTS UNDER FEDERAL LAW NOTICE IS HEREBY GIVEN THAT Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment "Trust 2005-2, Mortgage-Backed Notes, series 2005-2 ("Deutsche Bank"), or its predecessor in interest, Deutsche Bank acquired title to the Premises at a foreclosure sale held April 7, 2010 and perfected title by deed recorded on May 17, 2010 at Instrument # 201012610 in the Office of the Recorder of Cumberland County. NOTICE IS FURTHER GIVEN THAT the Federal "Protecting Tenants at Foreclosure Act of 2009" ("PTFA") grants certain rights and protections to any occupant of the Premises who is a "bona fide" tenant, as defined by the PTFA. Deutsche Bank is informed and believes that no occupant of the Premises is a "bona fide" tenant as defined by the PTFA. This Notice is given, in part, to provide any occupant the opportunity, prior to the commencement of the eviction action for possession, to provide acceptable evidence to show that the occupant is entitled to the protection of the PTFA. OCCUPANT ASSISTANCE NOTICE Deutsche Bank provides relocation assistance programs to occupants of its foreclosed properties, for both former owners and tenants, It also provides a tenant information hotline, to allow you to claim tenant status as explained below. To discuss these programs, your options under them, or to claim tenant protections, please call (866) 612-3746. PARA ASISTENCIA EN ESPANOL LLAME AL (866) 612- 3746. TEN (10) DAY NOTICE TO VACATE If you are a former owner or a person who is not a "bona tide" tenant under the PTFA, A terminates any and all rights to occupancy and instructs you to vacate the Premises no later than ten (10) days following delivery of this letter. ALTERNATIVE NINETY (90) DAY NOTICE In the event any occupant of'the Premises is u bona fide tenant as defined by PTFA, this letter is the NINETY (90) DAY Notice to Vacate cis required by PTFA. (THIS IS A TWO PAGE NOTICE] Thus, all occupants are required within ten (10) days after receipt by you of this Notice EITHER to produce acceptable evidence to this law firm that the occupant is entitled to the protections of the PTFA OR to vacate and surrender possession of the Premises to Deutsche Bank, through Robert Hoobler, its agent, who can be reached at 717-920-6400 from 9:00 a.m. to 5:00 p.m. on all business days. Failure to supply the acceptable evidence or to vacate within that time will result in an eviction proceeding for possession of the Premises being tiled. Please see the next paragraph for instructions on how to supply this evidence. THE EVICTION WILL BE FILED WITHIN TEN (10) DAYS OF YOUR RECEIPT OF THIS LETTER UNLESS THIS FIRM AGREES IN WRITING NOT TO COMMENCE THE EVICTION. BONA FIDE TENANT INFORMATION IF YOU BELIEVE YOU QUALIFY AS A BONA FIDE TENANT UNDER PTFA of the prior owner, you must provide the following documents: • A copy of your lease (or, if your lease is oral, proof of rent payment) • A return phone number and the best time to reach you • The receipt for the last six (6) payments made to the landlord for the residence (or the length of time you have resided in the property, if less than six (6) months) To provide this information, please call (866) 612-3746. The fax number is (972) 829-7889. PARA ASIS'ITENCIA EN ESPANOL LLAME AL (866) 612-3746. If you have any questions regarding this Notice or your rights please contact your own attorney as we cannot provide legal advice to you. You could also contact lawyer referral service at the below contact information if you need legal advice. Please be guided accordingly. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 U.S. PU57AL SERVICE CERTIFICATE OF MAILING_ _: _..._.._.__ __ _ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE Received From Grenen & Birsic P C. ,_. -•-- One Gateway Center. 9, Floor, Pitlsbur I' PA 15222 One pi of ordina mail addressed to KANDI BRUCE THICKLY Vk a K-ANI71 - _BRUCG I'lilCKEY & All occupants residing at 3-CLEARVIEW DKIVI= A/KiA 5 131:"_11AIRt_ -AVENUE __ CARLISLU, PA 17013 Form 3817 January 2061 G7 ? , i + • ul gage s , ru Certified Fee (Er^Feae?! Fee C3 ^ao »f R?Bea,,rFed if'r rv w rotas r7•i Postage a F,._, Q } ,i 7 t 1ZANDI 13R UC 1 _ • 7 P r ° BRIJC'1: 'I'FiIC' IHI(K£Y KEY & ° k'a RANDI - ' 3pc'7w1o' ° S C occupants residing at C3 G3ry,'s le z?P:d 1..l ARVIEW DRIIVE n VCNU2 A'x'A ) 131":1 1 , ARLISLE, 11K1 1A 17013 VERIFICATION I, Joseph A. Fidler, Esquire, authorized legal counsel for Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005-2, Mortgage- Backed Notes, Series 2005-2, deposes and says subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Ejectment are true and correct to my information, knowledge and belief. of Deutsche Bank National Thrust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005-2, Mortgage-Backed Notes, Series 2005-2 cDavicf D. Buell Renee X Simpson Prothonotary �� , q 1St 1n. eputy Prothonotary .\g~2fe �irkS. Sohonage, ESQ Irene E. 9vIorrow Solicitor r 7 so 2 Deputy Prothonotary Office of the Prothonotary CumBerCanciCounty, cPennsy(vania /Q — "JO 99 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 291H 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 • T ax,(717)240-6573