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HomeMy WebLinkAbout12-0151SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor v4`t,,tr Lt ?'1tnt6rrr??l0 20 12 FEB - I MI 8: is t4 C/ UMBEPLAIN0 10UU PENNSYLVANIA Deutsche Bank National Trust Company Case Number vs. Juli D. Benson 2012-151 SHERIFF'S RETURN OF SERVICE 01/26/2012 05:41 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2012 at 1741 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Juli D. Benson, by making known unto herself personally, at 424 2nd Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.00 January 27, 2012 AMANDA COBAUGH, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF M CountySutte Sne0f. Ieleosoft. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006- WF1, Plaintiff VS. Juli D. Benson; CIVIL DIVISION C=-, C) --? No.: 2012-151 -CIVIL =rTl :3?_ ur- - rn ISSUE NUMBER: ?= c:)m CD TYPE OF PLEADING: C C) PRAECIPE FOR DEFAULT JUD4MFN1 T: (Mortgage Foreclosure) Defendant(s). I Hereby certify that the last known address of Defendant(s) is/are: 424 Second Street Enola, PA 17025-3111 Attorney for Plaintiff FILED ON BEHALF OF: Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006- W171 Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire- Pa I.D.# 55650 Kimberly A. Bonner, Esquire- Pa I.D. #89705 Joel A. Ackerman, Esquire- Pa I.D. #202729 Ashleigh L. Marin, Esquire-Pa I.D. #306799 Ralph M. Salvia, Esquire- Pa I.D. #202946 Jaime R. Ackerman, Esquire- Pa I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XCP-159539 aww, % 16. Sb? _ a-0, aw 3aI Ss P_ +ta-7,9 3a-7 Ijofic (j?Ld-ed IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF 1 Plaintiff, VS. CIVIL DIVISION NO.: 2012-151-CIVIL, Juli D. Benson; Defendant(s). PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant(s), Julie D. Benson, in the amount of $76,482.22 which is itemized as follows for failure to file an Answer: Principal $71,696.37 Interest through 03/07/12 $4,574.61 Late Charges $ 173.28 Suspense Balance ($167.62) Escrow $ 125.58 Inspection Fees 80.00 TOTAL $76,482.22 plus interest on the principal sum ($71,696.37) from March 8, 2012, at the rate of $16.45 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKER, GOLDBERG & ACKERMAN, LLC BY: _ Dated: Scott A. Die a ick, E utre; A I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCP-159539/pn 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XCP-159539 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT STATE OF NEW JERSEY COUNTY OF UNION SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, Kimberly A. Bonner, Esquire, Joel A. Ackerman, Esquire, Ashleigh L. Marin, Esquire, Ralph M. Salvia, Esquire, Jaime R. Ackerman, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his/her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. ZUCKER, GOLDBERG & ACKERMAN, LLC Dated: BY: 0 ? ffiu?6 - Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Atty File No.: XCP-159539 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 Email : Office@zuckergoldberg.com (908) 233-8500; (908) 233-1390 FAX Swrn and subscribed before me Thios day of March, 2012 P j. Notary Public My Commission Expires: PAUL C. NADRATOWSKI Notary Public of New Jersey AV Ce2407850 jxpm 497/2,09 Zucker, Goldberg & Ackerman, LLC XCP-159539 -Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-07-2012 07:51:28 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Based on the information you have furnished, the DMDC does not possess BENSON JULI D any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). mal )?. . 0 44, A?M_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 3/7/2012 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:7ESB2097VU https://www.dmdc.osd.mil/appj/scra/popreport.do 3/7/2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DIVISION Trustee for Soundview Home Loan Trust 2006- WFl NO.: 2012-151-CIVIL Plaintiff, VS. Juli D. Benson; Defendant(s). NOTICE OF ORDER, DECREE OR JUDGMENT TO: Juli D. Benson 424 Second Street Enola, PA 17025-3111 ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that n Order, Decree or Judgment was entered in the above captioned proceeding on 3 ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $76,482.22 plus interest on the principal sum ($71,696.37) from March 8, 2012, at the rate of $16.45 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the m age emi Proth Zucker, Goldberg & Ackerman, LLC XCP-159539 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i L ) - ( i f; Sheriff { , ; r; j, S r Jody S Smith Chief Deputy 2011 FEB -I AM 8: 4 4 Richard W Stewart SOI/CltOr OFFICE OFTttES"ERIFF `UPENNSYLVAN A UIUNT Deutsche Bank National Trust Company Case Number vs. 2012-151 Juli D. Benson SHERIFF'S RETURN OF SERVICE 01/2612012 05:41 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2012 at 1741 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Juli D. Benson, by making known unto herself personally, at 424 2nd Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. f1 V)f4 lum I L A COBAUGH, DEPUTY `AMAND SHERIFF COST: $43.00 January 27, 2012 SO ANSWERS, 1z RON R ANDERSON, SHERIFF ICi CountySuite SheNi. Teteoson i x; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee CIVIL DIVISION for Soundview Home Loan Trust 2006-WF1 Plaintiff, NO.: 2012-151-CIVIL vs. Jul! D. Benson Defendant. IMPORTANT NOTICE TO: Jul! D. Benson 424 Second Street Enola, PA 17025-3111 DATE OF NOTICE: 2/17/2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WPTH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU D O NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee CIVIL DIVISION for Soundview Home Loan Trust 2006-WF1 Plaintiff, NO.: 2012-151-CIVIL VS. Juli D. Benson Defendant. TO: Juli D. Benson 424 Second Street Enola, PA 17025-3111 AVISO HVIPORTANTE FECHA DEL AVISO:2/17/2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE LISTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO RUIEDIATAI+tIENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND. LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG &ACKERMAN BY: Scatt d. iette " Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P. O. Box 1024 Mountainside, NJ 07092-0024 (717) 533 -35 60 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 159539 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for CIVIL DIVISION Soundview Home Loan Trust 2006-WF1 Plaintiff, NO.: 2012-151-CIVIL vs. 0? ;z Juli D. Benson; , ? = r -" Defendant(s). { ". 3 C:) C Q Cf PRAECIPE TO WITHDRAW DEFAULT JUDGMENT -+ Please mark the Default Judgment filed at the above-captioned term and number WITHDRAWN without prejudice. , Respectfully Submitted: ZUCKE G LDBBERRG & ACKZRMAN, LLC BY: jfimcl r 1/ C I Scott A.'Dictterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh Levy Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCP-159539/es 200 Sheffield Street, Suite 101 Mountainside, N1 07092 (908) 233-8500; (908) 233-1390 FAX aM} 8 q. 56 FA a IA, 1 Ck ?r 3a??I? • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for CIVIL DIVISION Soundview Home Loan Trust 2006-WF1 Plaintiff, NO.: 2012-151-CIVIL VS. Juli D. Benson; Defendant(s). CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to Withdraw Default Judgment was served on the following this 22th of March, 2012, via First Class U.S. Mail, Postage Pre-Paid: Juli D. Benson 1424 Second Street, Enola, PA 17025-3111 Juli D. Benson 424 Second Street, Enola, PA 17025 Respectfully Submitted: ZUCKER, GOLDBERG & ACKERMAN, LLC BY: \J\I\UXq-!.`IY\ Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCP-159539/es 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX r Joseph I Sucec, Esq. Attorney for Defendant 325 Peach Glen-Idaville Road Gardners, PA 17324 717-315-2359 j oesucec@comcast,net IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1, plaintiff v Juli D. Benson, defendant No. 12-151 J l ? J ` .w CIVIL DIVISION - FORECLOSURE JURY TRIAL DEMANDED ANSWER WITH NEW MATTER Defendant Juli D. Benson, through her attorney Joseph T. Sucec, Esq., Answers, with New Matter, the Complaint in the above-stated case, as follows: 1) Neither Admitted nor Denied without further information on the part of Plaintiff. Plaintiff apparently has multiple addresses in multiple states. 2) Admitted 3) Neither Admitted nor Denied without further information on the part of Plaintiff. Plaintiff will be held to strict proof at trial, in particular the production of the original promissory note. 4) Admitted only to the extent that the Exhibit mentioned in the Complaint can be authenticated by Plaintiffs, who will be held to strict proof at trial to do so. 5) Admitted 6) Denied. Without an endorsing signature on the reverse side of the original promissory note, neither assignment is valid. Strict proof, as in the production of said note will be requested at trial. 7) Admitted 8) Denied. Plaintiffs will be held to strict proof at trial regarding the corresponding averment in the Complaint. 9) Plaintiff states several conclusions of law, not requiring answers. 10) Denied. Plaintiffs will be held to strict proof at trial regarding the validity and appropriateness of the amounts averred in the corresponding paragraph in the Complaint. 11) Plaintiff states several conclusions of law, not requiring answers. WHEREFORE, Defendant respectfully requests that this Court dismiss the Complaint in the above-stated matter, requiring her to neither surrender the real property in question nor be required to pay Plaintiffs anything in the above-stated matter. NEW MATTER 12) Paragraphs 1-11 of this Answer are incorporated herein as if set forth at length. 13) Pennsylvania Rule of Civil Procedure 1030, while not addressing Standing as an Affirmative Defense, does not exclude Standing either; Standing may be so pleaded in this fashion. 14) Under 13 Pa CS 3104, a promissory note is a negotiable instrument under the Pennsylvania Uniform Commercial Code 15) 13 Pa CS 3301(1) states that the person entitled to enforce an instrument means: (1) the holder of the instrument; (2) a nonholder in possession of the instrument who has the rights of a holder, or (3) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to section 3309 (relating to enforcement of lost, destroyed or stolen instrument) or 3418(d) (relating to payment or acceptance by mistake). 16) While 13 Pa. CS 3309 allows for lost or stolen notes to still be admissible, 13 Pa. CS 3308 still requires executory signatures by both the assignor and assignee. 17) At no point in the pleadings of this case have Plaintiffs produced the original promissory note for the mortgage which is at the heart of the present matter, and which contains the executory signatures on the reverse side proving Plaintiffs standing to collect and foreclose on said mortgage. 18) Without said original promissory note, Plaintiffs cannot prove either the right to collect on the present mortgage or standing in this matter. 19) Further, given the already admitted improprieties regarding the assignment process in the Complaint (at paragraph 6), Plaintiffs cannot, without the original signed promissory note, prove that they have either a valid assignment, or the right to enforce said note, which includes the right to foreclose on the present mortgage. See In the Matter of John T. Kemp v. Conntrvwlde Home Loans, Inc., Case No. 08-18700- JHW, Adversary No. 08-2448 (ED NJ, November 17, 2010), (Federal Bankruptcy Court in New Jersey rules in favor of debtor based on New Jersey UCC, the relevant provisions of which are nearly identical to the Pennsylvania UCC) 20) Therefore, Defendant submits that Plaintiffs do not have standing to foreclose on Plaintiffs mortgage in the present case. WHEREFORE, Defendant respectfully requests that the Complaint in the above-stated matter be dismissed with prejudice for lack of standing on the part of Plaintiffs. Date: 4/16/2012 Respectfully submitted, J eph T. Sucec, sq. (PA74482) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1, plaintiff v Juli D. Benson, defendant : No. 12-151 CIVIL DIVISION - FORECLOSURE JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer and New Matter in the above-stated case by first-class mail on: ZUCKER, GOLDBERG, & ACKERMAN, LLC 200 Sheffield Street Suite 101 Mountainside, NJ 07092 Date: 4/16/2012 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DIVISION Trustee for Soundview Home Loan Trust 2006- WF1, NO.: 12-151 Jti ? Plaintiff, > ? =e' ? VS. , L -- Juh D. Benson; Defendant(s). REPLY TO NEW MATTER And now comes Deutsche Bank National Trust Company (Plaintiff) by and through its attorneys Zucker, Goldberg & Ackerman, LLC and submits its Reply to New Matter as follows: 12. No response required. 13. Paragraph 13 is a conclusion of law, to which no response is required. In the event a response is deemed to be required, the same is specifically denied. 14. Paragraph 14 is a conclusion of law, to which no response is required. In the event a response is deemed to be required, the same is specifically denied. 15. Paragraph 15 is a conclusion of law, to which no response is required. In the event a response is deemed to be required, the same is specifically denied. 16. Paragraph 16 is a conclusion of law, to which no response is required. In the event a response is deemed to be required, the same is specifically denied. 17. Admitted. By way of further response, a copy of the Note is not required to be attached to a Complaint in Mortgage Foreclosure in Pennsylvania, pursuant to Pa.R.C.P. No. 1147. 18. Paragraph 18 is a conclusion of law, to which no response is required. In the event a response is deemed to be required, the same is specifically denied. 19. Paragraph 19 is a conclusion of law, to which no response is required. In the event a response is deemed to be required, the same is specifically denied. 20. Paragraph 20 is a conclusion of law, to which no response is required. In the event a response is deemed to be required, the same is specifically denied. Wherefore, Plaintiff respectfully requests this honorable court to enter judgment in favor of the Plaintiff and against the Defendant in the above captioned matter. ZUCKER, GOLDBERG & ACKERMAN Scott A. Dietterick, Esquire Pa. ID # 55650 Kimberly A. Bonner, Esquire Pa. ID # 89705 Ralph M. Salvia, Esquire Pa. ID #202946 P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DIVISION Trustee for Soundview Home Loan Trust 2006- WF1, NO.: 12-151 Plaintiff, vs. Juli D. Benson; Defendant(s). CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Reply to New Matter was served on the following this day of May, 2012, via First Class U.S. Mail, Postage Pre- Paid: Joseph T. Sucec, Esquire 325 Peach Glen-Idaville Road Gardners, PA 17324 ZUCKER, GOLDBERG & ACKERMAN Scott A. Dietterick, Esquire Pa. ID # 55650 Kimberly A. Bonner, Esquire Pa. ID # 89705 Ralph M. Salvia, Esquire Pa. ID #202946 P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust Zoos-wFI, plaintiff v Juli D. Benson, defendant 12-151 ~"~ ~~ ~, .: t " a 3 r~ ~.. ~,~' ~, -~ c_-, ~~ ~~. .-., CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL MORE COMPLETE ANSWERS TO INTERROGATORIES Defendant Juli D. Benson, through her attorney Joseph T. Sucec, Esq., hereby Moves that this court Compel Plaintiff to provide more complete Answers to her Interrogatories, pursuant to 231 Pa, Code 4006(a)(2), and as follows: 1. A Complaint in Foreclosure at the above caption was filed with the Cumberland County Prothonotary on January 13, 2012. 2. An Answer with New Matter was filed on a timely basis by Defendant, as was an Answer to New Matter by Plaintiff. 3. Interrogatories, as well as a Request For Production of Documents, were issued by Defendant to Plaintiff on or about May 30, 2012. Due to an error in obtaining the correct address for Defendant's Counsel, a second copy was served on Plaintiff on or about June 15, 2012. See Attached Exhibits. 4. Despite several emails from Defendant informally requesting Answers, an Answer to Interrogatories was not served on Defendant until November 8, 2012, with actual receipt by Defendant's counsel the following day. 5. To this date, Plaintiff has not either Produced the Document so requested by Defendant, nor has Defendant made any objections, proper or otherwise for doing so. 6. However, Defendant objected to 20 of the 24 Interrogatories propounded by Defendant (see Attached Exhibits); 19 of the Objections (Answers to Interrogatories 4- 10 and 12-21 and 23-24 inclusive) contained the same phrasing: Objection Pursuant to Pa. R. C.P. No. 4011(b)&(c), specifically, Respondent objects to this Interrogatory as, this Interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of a 'ble evidence. 7. Defendant makes no further attempt to explain said objections with any specificity relating to any Interrogatory propounded. SUBSTANTIVE REASONS TO COMPEL MORE COMPLETE ANSWERS Defendant Waited 1bo Long To File Its Objectfons, Regardless of The Validity of Same. 8. Defendant was propounded with Plaintiffs Interrogatories no later than June 20, 2012; but served its Answers on November 8, 2012; a period of approximately four and one half months. 9.231 Pa. Code 4006 (a)(2) provides that a Defendant has thirty days to Answer such Interrogatories (with included Objections) "fully and completely" ; 231 Pa. Code 4004(b) provides ten days to file Objections to same. 10. Defendant's Interrogatory Answers are not mere refusals, but are, in fact, Objections submitted as Answers. 11. Mosley v. Pennsylvania Railroad Company, 435 Pa. 503.259 A. 2d, 481(1969} holds that a party who failed to either Answer or Object to Interrogatories for a period not similar to the case at present, has so waived any right to Object. Also see Commonwealth v. Garcia, 749 A.2d 928, 932 n.7 (Pa. Super. 2000) 12. This holding was modified by McGovern v. Hospital Service Association of Northeast Penns, ly~ ania, 785 A.2d 1012 (Pa.Super.2001), which maintains that a court should look to the reasons for the Answering delay in choosing whether to either impose a waiver on the non-answering party, or to compel Answers. 13. Plaintiff has, to the date of this filing, produced no reasons of any sort for the four month delay in Answering. 14. Further, since 20 of the 24 Interrogatories are Objected to, with 19 of the Objections identical; (Defendant submits that said Objections are "boilerplate"), there is little or no possible reason that Defendant could give for the delay in Answering. The Courts Do Not Favor "Boilerplate" Objections to Interrogatories 15. Roesberg y. Johns Manville Corp. 88 FRD 292, 296 (ED Pa. 1980) further stands for the proposition that Interrogatories should be Objected to with specificity; that "boilerplate" language is not permitted. 16. RoesberB was decided based on Fed. R. Civ P. 26(b), which is identical to 231 Pa. Code 4003.1, which reads: (a) Subject to the provisions of Rules 4003.2 to 4003.5 inclusive and Rule 4011, a party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, content, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. (b) It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. (c) Except as otherwise provided by these rules, it is not ground for objection that the information sought involves an opinion or contention that relates to a fact or the application of law to fact. 17. The Defense cited in the Answer submitted in this case (see Attached Exhibits), is based on Plaintiff s lack of standing regarding its failure to produce the original Promissory Note for the mortgage underlying this case, which, in turn, is based on Pennsylvania's adoption of the Uniform Commercial Code, at 13 Pa. CS 3301 et seq, 18. Despite several requests for said Promissory Note, including in the Request for Production of Documents (see Attached Exhibits), Plaintiff has refused to render even a copy of said Note, instead claiming simply that it is the "holder" of the note (see attached exhibits, Interrogatory Answer 3). 19. Defendant submits that, short of proof that Plaintiff can produce the note, that Plaintiff cannot demonstrate standing to Foreclose on Defendant. 20. Further, all the Interrogatories objected to by Plaintiff, including the one non- boilerplate Objection (to Interrogatory 3), are intended to discover the "paper trail" taken by said Promissory Note, whether or not said Note was retained or destroyed, whether the Note exists, in-tact, in the possession of Plaintiff or with another party, and the persons who may or may not exist who can testify to same. 21. The identification of dates (Interrogatory 3), the persons involved in the chain of custody for the Promissory Note for the underlying mortgage (Interrogatories 412), persons related to both the handling of said note and the pursuit of this case (Interrogatories 17-18 and 23-24), and a description of the relationship between Plaintiff and the original mortgagor (Interrogatories 13 and 15-16), are all relevant to the establishment of whether Plaintiff can Produce the Promissory Note germaine to this matter, or whether Plaintiff actually ever had said Note. The inquiry into information that could prove whether Plaintiff is pursuing this matter on either an illusion or a blatant falsehood (that it actually has the Promissory Note) is not only calculated to lead to admissible evidence; such an inquiry is crucial to this case. 22. Defendant submits that, if Plaintiff cannot not prove the elements stated in paragraph 20 (and explained in detail in the New Matter portion of the Answer in this case), it cannot prove it has standing to foreclose on Defendant, and the case against her must be dismissed. 23. Therefore, in the interests of justice, Defendant respectfully requests that this court Compel Defendant to both give more complete Answers to her Interrogatories, and to Produce the Document so Requested. WHEREFORE, Defendant Juli Benson requests that this Court Compel more Complete Answers to her Interrogatories propounded on Plaintiff on or about June 20, 2012. Respectfully submitted, Date: 11/20/2012 J~epFi T. Sucec, Esq. (PA74482) orney for Defendant 325 Peach Glen-Idaville Road Gardners, PA 17324 717-315-2359 j oesucec@comcast.net IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WFI, plaintiff v Juli D. Benson, defendant 12-151 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that, on the date shown below, I served a true and correct copy of DEFENDANT'S MOTION TO COMPEL MORE COMPLETE ANSWERS TO INTERROGATORIES, by first-class mail, on the following: ZUCKER. GOLDBERG, AND ACKERMAN PO Box 650 Hershey, PA 17033 Jo ph T. Sucec, Esq. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DIVISION Trustee for Soundview Home Loan Trust 2006- WF1, NO.: 12-151 Plaintiff, vs. Juli D. Benson; Defendant(s). PLAINTIFF'S REPLY TO DEFENDANT'S INTERROGATORIES REQUEST FOR INTERROGATORIES 1. Please identify each person who answers these interrogatories and each person (attach pages if necessary) who assisted, including attorneys, accountants, employees of third party entities, or any other person consulted, however briefly, on the content of any answer to these interrogatories. ANSWER: Wells Fazgo Bank, NA as Servicing Agent for Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1, provided undersigned counsel with the business records referenced herein. Wells Fargo Bank, NA as Servicing Agent for Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WFI's responses to these interrogatories were verified by Deanna L Patrick, Vice President of Loan Documentation for Wells Fazgo Bank, NA as Servicing Agent for Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1, 8480 Stagecoach Circle Frederick, MD 21701. 2. For each of the above persons please state whether they have personal knowledge regarding the subject loan transaction. ANSWER: Plaintiil's knowledge of the information contained herein is based upon review of the business records regarding this mortgage loan. As part of Wells Fazgo's policies, during the regular course of business, representatives are required to accurately record all events regazding each loan. These business records are thereafter maintained by Wells Fargo Bank, NA in a manner so as to ensure their accuracy. 3. Please state the date of the first contact between Deutsche Bank National Trust Company and the borrower in the subject loan transaction, the name, address and telephone number of the person{s) in your company who was/were involved in that contact. ANSWER: Plaintiff objects to this regaest as not germane. Plaintiff is the holder of the note and applicable law provides that the holder shall look ao farther than the bolder of the note. Plai~iff farther object due to this information being just as accessible to the Defendant as it is to the Plaintiff. 4. Please identify every potential parry to this lawsuit. ANSWER: Objection parsnant to Pa.R.C.P. No. 4011(b)&(c), specifically, Respondent objects to this interrogatory aa, this interrogatory is overly broad, nndaly burdensome, and not reasonably caknlated to lead to the discovery of admissible evidence. 5. Please identify the person(s) involved in the underwriting of the subject loan. "Underwriting" refers to any person who made representations, evaluations or appraisals of value of the home, value of the security instruments, and ability of the borrower to pay. ANSWER: Objection pursuant to Pa.R.C.P. No. 4011(b)&(c), speeifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 6. Please identify any persons} who had any contact with any third party regarding the securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral, written or otherwise, that would effect the funding, closing, or the receipt of money from a third party in a transaction that referred to the subject loan. ANSWER: ObjeMfon pursuant to Pa.R.C.P. No. 4011(b)&(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 7. Please identify any person(s) known or believed by anyone at Deutsche Bank National Trust Company who had received physical possession of the note and allonges, the mortgage, or any document (including but not limited to assignment, endorsement, ailonges, Pooling and Servicing Agreement, Assignment and Assumption Agreement, Trust Agreement, letters or email or faxes of transmittals including attachments) that refers to or incorporates terms regarding the securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral, written or otherwise, that would effect the funding, or the receipt of money from a third party in a transaction, and whether such money was allocated to principal, interest or other obligation related to the subject loan. ANSWER: Objection pursuant to Pa.RC.P. No. 4011(b)di(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably cakulated to lead to the discovery of admissible evidence. 8. Please identify all persons known or believed by anyone in Deutsche Bank National Trust Company or any affiliate to have participated in the securitization of the subject loan including but not limited to mortgage aggregators, mortgage brokers, financial institutions, Structured Investment Vehicles, Special Purpose Vehicles, Trustees, Managers of derivative securities, managers of the company that issued an Asset-backed security, Underwriters, Rating Agency, Credit Enhancement Provider. ANSWER: Objection pursuant to Pa.RC.P. No. 4011{b~(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 9. Please identify the person(s) or entities that are entitled, directly or indirectly to the stream of revenue from the borrower in the subject loan. ANSWER: Objution pursuant to Pa.RC.P. No. 4011(b~(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 10 Please identify the persons} in custody of any document that identifies the loan servicer(s) in the subject loan transaction. ANSWER: Objection pursuant to Pa.RC.P. No. 4011(b)&(c), specifically, Respondent objects to this interrogatory as, thin interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 11. Please identify any person(s) in custody of any document which refers to any instruction or authority to enforce the note or mortgage in the subject loan transaction. ANSWER: Objection pursuant to Pa.RC.P. No. 4011(b)&(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 12.Other than people identified above, identify any and all persons who have or had personal knowledge of the subject loan transaction, underwriting of the subject loan transaction, securitization, sale, transfer, assignment or hypothecation of the subject loan transaction, or the decision to enforce the note or mortgage in the subject loan transaction. ANSWER: Objection pursuant to Pa.ILC.P. No. 4011(b~(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 13. Describe the relationship, as is relevant to this case, between Deutsche Bank National Trust Company and Soundview Home Loan Trust 2006-WF1, with regard to compensation paid from one party to the other for either the servicing of the loan, or any rights therein. Also provide an explanation of what rights regarding the loan that is at the heart of this lawsuit were transferred according to the business relationship between the parties, and what rights and/or responsibilities regarding said loan were retained by either party. ANSWER: Objection pursuant to Pa.R.C.P. No. 4011(b)&(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 14. Please state the date on which Wells Fargo Bank NA (originator) sold the mortgage loan to Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1 (Depositor). ANSWER: October 1, 2006. 15. Did Wells Fargo Bank NA (originator) or any previous servicers of this account receive any compensation, fee, commission, payment, rebate or other financial considerations from Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1 (Depositor) or any affiliate or from the trust funds, for handling, processing, originating or administering this loan? ANSWER: Objection pursuant to Pa.RC.P. No. 4011(6)&(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 16. If yes, please describe and itemize each and every form of compensation, fee, commission, payment, rebate or other financial consideration paid to Wells Fargo Bank NA, the originator or previous servicers of this account by Deutsche Bank National Trust Company, Soundview Home Loan Trust 2006-WF1 or any affiliates of either. ANSWER: Objection pursuant to Pa.RC.P. No. 4011(6)&(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 17. Please identify any party, person or entity known or suspected by Deutsche Bank National Trust Company or any of your officers, employees, independent contractors or other agents, or servants of your company who might possess or claim rights under the subject loan or mortgage and/or note. ANSWER: Objection pursuant to Pa.RC.P. No. 4011(b~E(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 18. Please identify the custodian of the records that would show all entries regarding the flow of funds for the subject loan transaction prior to and after closing of the loan. (Flow of funds, means any record of money received, any record of money paid out and any bookkeeping or accounting entry, general ledger and accounting treatment of the subject loan transaction at your company or any affiliate including but not limited to whether the subject Loan transaction was ever entered into any category on the balance sheet at any time or times, whether any reserve for default was ever entered on the balance sheet, and whether any entry, report or calculation was made regarding the effect of this loan transaction on the capital reserve requirements of your company or any affiliate.) ANSWER: Objection pursuant to Pa.RC.P. No. 4011(b~c(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 19. Please identify the auditor and/or accountant of your financial statements or tax returns. ANSWER: Objection pursuant to Pa.RC.P. No. 4011(b~{'c(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 20. Please identify any attorney with whom you consulted or who rendered an opinion regarding the subject loan transaction or any pattern of securitization that may have effected the subject loan transaction directly or indirectly. ANSWER: Objection pursuant to Pa.R.C.P. No. 4011(b)~{E(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admi,sible evidence. 21. Please identify any person who served as an officer or director with Deutsche Bank National Company or Argent Mortgage Company LLC commencing with 6 months prior to closing of the subject loan transaction through the present. (This interrogatory is limited only to those people who had knowledge, responsibility, or otherwise made or received reports regarding information that included the subject loan transaction, and/or the process by which solicitation, underwriting and closing of residential mortgage loans, or the securitization, sale, transferor assignment or hypothecation of residential mortgage loans to third parties.) ANSWER: Objection pursuant to Pa.R.C.P. No. 4011(b)&(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 22. Did any investor/certificate holder approve or authorize foreclosure proceedings on Juli D. Benson's property? ANSWER: Yes. 23. Please identify the person(s) involved or having knowledge of any insurance policy or product, plan or instrument describing over-collateralization, cross-collateralization or guarantee or other instrument hedging the risk of default as to any person or entity acting as an issuer of any securities or certificates. (Such instrwnent(s) relate to the composition of a pool, tranche or other aggregation of assets that was created, included or referred to the subject loan and the pool or aggregation was transmitted, transferred, assigned, pledged or hypothecated to any entity or buyer. A person who "transmitted, transferred, assigned, pledged or hypothecated" refers to any person who suggested, approved, received or accepted the composition of the pool or aggregation made or confirmed representations, evaluations or appraisals of value of the home, value of the security instruments, ability of the borrower to pay.) ANSWER: Objection pursuant to Pa.RC.P. No. 4011(b~(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 24. Please identify the person(s) involved or having knowledge of any credit default swap or other instrument hedging the risk of default as to any person or entity acting as an issuer of any securities or certificates. (Such instrumerrt(s) relate to the composition of a pool, tranche or other aggregation of assets that was created, included or referred to the subject loan.) ANSWER: Objection pursuant to Pa.RC.P. No. 4011(b)&(c), specifically, Respondent objects to this interrogatory as, this interrogatory is overly broad, unduly burdensome, and not reasonably cakulated to lead to the discovery of admissible evidence. PLAINTIFF RESERVES THE RIGHT TO SUPPLEMENT THESE RESPONSES AT ANY TIME PRIOR TO TRIAL. ZUCKER, GOUpBER'(r & ACKERMAN Scott A. DiBtferick, Esquire Pa. I.D. # 55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Ralph M. Salvia, Esquire Pa. I.D. #202946 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VERIFICATION I, Deanna L Patrick, Vice President of Loan Documentation for Wells Fazgo Bank, NA as Servicing Agent for Deutsche Bank National Tivst Company, depose and say subject to the penalties of 18 PaC.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Interrogatory Responses aze true and correct to the best of my information, knowledge and belief. sy: Name: Deans L Patrick Title: Vice President Loan Documentation Dated: October 24, 2012 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DNISION Trustee for Soundview Home Loan Trust 2006- WF1, NO.: 12-151 Plaintiff, . vs. . Juli D. Benson; Defendant(s). CERTIFICATE OF SERVICE The undersigned certifies that a true and correct co y of PlaintPi Answer to Defendant's First Set of Interrogatories on the followin this~da of ~ O~via First Class Mail: g - Y , Joseph T. Sucec, Esq. Attorney for Defendant 325 Peach Glen-Idaville Road Gardners, PA 17324 And via email to joesucec@comcast, net ZUCKER,GOLDBERG AC By: Scott A. Dietterick, Esquire Pa. I.D. # 55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Ralph M. Salvia, Esquire Pa. I.D. #202946 P.O. Box 650 Hershey, PA 17033 (717)533-3280 r Joseph T. Sucec, F~q. Attorney for Defendant 325 Peach Glen-Idaville Road Gardners, PA 17324 717-315-2359 j oesucecQcomcast,net IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Tivst Company, as T~vstee fvr Soundview Home Loan Trust 2006-WFI, plaintiff v Juli D. Benson, defendant No. 12-151 _~ ~~ `lam N _ ~-L.f3 ~~, . ; w.... z 7 a `~ rTl ~~ - v._ ,- a -~c: ~~ -~- -~ ~` 1e ;~ -- CIVIL DIVISION - . FORECLOSURE JURY TRIAL DEMANDED ANSWER WITH NEW MATTER Defendant Jnli D. Benson, through her attorney Joseph T. Super, Esq., Answers, with New Matter, the Complaint in the above-stated caste, as follows; 1) Neither Admitted nor Denied without further information on the part of Plaintiff. Plaintiff a~ppareutly has multiple addresses in multiple states. 2) Admitted 3) Neither Admitted nor Denied without further information on the part of Plaintiff. Plaintiff will be held do said proof at trial, in particular the production of the original promissory note. 4) Admitted only to the extent that the Exhibit mentioned in the Complaint can be authenticated by Plaintiffs, who wiIl be held to strict proof ~ trial to do so. S) Admitted 6) Denied. without an endorsing signature on the reverse side of the original promissory note, neither assignment 3s valid. Said proof, as in the production of said note will be requested at trial ~ Admitted 8) Denied. Plaintiffs will be held to strict proof at trial regarding the corresponding averment in the Complaint. 9) Plaintiff staties several conclusions of law, not requiring answers. 10) Denied. Plaintiffs will be held to strict proof at trial regarding the validity and appropriateness of the amounts averred in the corresponding paragraph in the Complaint. il) Plaintiff states several conclusions of law, not requiring answers. WHEREFORE, Defendant respectfully requests that this Court dismiss the Complaint in the above-stated matter, requiring her to neither surrender the roal property in question nor be required oo pay Plaintiffs anything in the above-staffed matter. NEW MATTER 12) Paragraphs 1-il of this Answer are incorporated herein as if set forth at length. 13) Pennsylvania Rule of Civil Procedure 1030, while not addressing Standing as an Affirmative Defense, does not exclude Standing either, Standing may be so pleaded in this fashion. 14) Under 13 Pa CS 3104, a promissory note is a negotiable instrument ender the Pennsylvania Uniform Commercial Code 15)13 Pa CS 3301(1} states that the person emitted to enforce an Iiastrvment means: (1) the holder of the instrument, (2) a nonholder in possession of the instrument who has the rights of a hoer; or (3) a person not in possession of the instnment who is entitled to enforce the instrument pursuant to section 3309 (relating to enforcement of lost, destroyed or stolen instrument) or 3418(4) (relating to payment or acceptance by mistake). 16~ While 13 Pa. CS 3309 allows for lost or stolen notes to still be admissible, 13 Pa. CS 3306 still requires executory signatures by both the assignor and assignee. i~ At no point in the pleadings of this case have plaintiffs produced the original promissory note for the mortg~e which is at the heart of the present matter, and which contains the executory signatures on the reverse side proving Plaintiffs standing to collect and foreclose on said mortgage. 18) Without said original promissory note, Plaintiffs cannot prove either the right to collect on the present mortgage or standing in this matter. 19) Furthet; given the already admitted improprieties regarding the assignment process in the Complaint (at paragraph 6~, Plaintiffs cannot, without the original signed promissory note, prove that they have either a valid assignment, or the right bo enforce said Hobe, which includes the right bo foreclose on the present mortgage. See jn,~. Case No. 00-iS700- JHW, Adversary Na OA-244e (BD NJ, Novesbar 17, 2018), (Federal Banlavptcy Courtin New Jersey rules in favor of debtor based on New Jersey UCC, the relevant provisions of which are nearly identical tD the Pennsylvania UCC) 20) Therefore, Defendant submits that Plaintiffs do not have standing to foreclose on Plaintiffs mortgage in the presem case. WHEREFORE, Defendant respectfully requests that the Complaint in the above-stated matter be dismissed with prejudice for lack of standing on the part of Plaintiffs. Respectfully subnutted, Date: 4JitiJ2012 J h T. Sucec, . (PA74482) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Tivst company, as Tncstee for Sonndview Home Loan Trust 2006-WFl, No. 12-151 plaintiff v Juli D. Benson, CIVIL DMSION - defendant FORECLOSURE JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby rectify that I served a true and correct copy of the Answer and New Matter in the above-stated case by first-class mail on: ZUCKER, GOLDBERG, 8c ACKERMAN, LLC 200 Sheffield Street Suite 101 Mountainside, NJ 07092 Date:4/1&/2012 „~" r~.~` Joseph T. Sucec, Esq. Attorney for Defendant 325 Peach Glen-Idaville Road Gardners, PA 17324 717-315-2359 joesucec@comcast,net IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1, No. 12-151 plaintiff v Juli D. Benson, CIVIL DIVISION - defendant FORECLOSURE JURY TRIAL DEMANDED PLAINTIFF'S INTERROGATORIES TO DEFENDANT i). Defendant, Juli Benson, serves these interrogatories on Deutsche Bank National Trust Company. Pursuant to Pennsylvania Rules of Civil Procedure 4005 and 4006. Deutsche Bank National Trust Company must serve an answer to each interrogatory separately and fully, in writing and under oath within 30 days after service to: Joseph T. Sucec, Esq. 325 Peach Glen-Idaville Road, Gardners, PA 17324. INSTRUCTIONS ii). These requests for interrogatories are directed toward all information known or available to Deutsche Bank National Trust Company -not any of its attorneys -including information contained in the records and documents in Deutsche Bank National Trust Company's custody or control or available to Deutsche Bank National Trust Company upon reasonable inquiry. iii). Each request for interrogatory is to be deemed a continuing one. If, after serving an answer, you obtain or become aware of any further information pertaining to that request, you are requested to serve a supplemental answer setting forth such information. iv). As to every request for interrogatory which an authorized officer of Deutsche Bank National Trust Company fails to answer in whole or in part, the subject matter of that request will be deemed confessed and stipulated as fact to the Court. v). Kindly attach additional sheets as required identifying the Interrogatory being answered. You have a continuing obligation to update the information in these Interrogatories as you acquire new information. If no such update is provided in a reasonable period of time that you acquired such information, it may be excluded at trial or hearing. DEFINITIONS vi). "You" and "your" include Deutsche Bank National Trust Company and any and all persons acting for or in concert with Deutsche Bank National Trust Company. vii). "Document" is synonymous in meaning and equal in scope to the usage of this term in the Pennsylvania Rules of Civil Procedure and includes computer records in any format. A draft or non- identical copy is a separate document within the meaning of this term. The term "document" also includes any "tangible things" as that term is used in the Pennsylvania Rules of Civil Procedure. viii}. Parties. The term "plaintiff" or "defendant", as well as a party's full or abbreviated name or a pronoun referring to a party, means the party and, where applicable, (his/her/its) agents, representatives, officers, directors, employees, partners, corporate parent, subsidiaries, or affiliates. ix). Identify (person). When referring to a person, "identify" means to give, to the extent known, the person's full name, present or last known address, telephone number, and when referring to a natural person, the present or last known place of employment. Once a person has been identified in compliance with this paragraph, only the name of that person needs to be listed in response to later discovery requesting the identification of that person. x). Identify (document). When referring to a document, "identify" means to give, to the extent known, the following information: (a) the type of document; (b) the general subject matter of the document; (c) the date of the document; (d) the authors, address, and recipients of the document; (e) the location of the document; (f) the identity of the person who has custody of the document; and (g) whether the document has been destroyed, and if so, (i) the date of its destruction, (ii) the reason for its destruction, and (iii) the identity of the person who destroyed it. xi). Relating. The term `Yelating" means concerning, referring, describing, evidencing, or constituting, directly or indirectly. xii). Any. The term "any" should be understood in either its most or its least inclusive sense as necessary to bring within the scope of the discovery request all reasons that might otherwise be construed to be outside of its scope. REQUEST FOR INTERROGATORIES 1. Please identify each person who answer these interrogatories and each person (attach pages if necessary) who assisted, including attorneys, accountants, employees of third party entities, or any other person consulted, however briefly, on the content of any answer to these interrogatories. ANSWER: 2. For each of the above persons please state whether they have personal knowledge regarding the subject loan transaction. ANSWER: 3. Please state the date of the first contact between Deutsche Bank National Trust Company and the borrower in the subject loan transaction, the name, address and telephone number of the person(s) in your company who was/were involved in that contact. ANSWER: 4. Please identify every potential party to this lawsuit. ANSWER: 5. Please identify the person(s) involved in the underwriting of the subject loan. "Underwriting" refers to any person who made representations, evaluations or appraisals of value of the home, value of the security instruments, and ability of the borrower to pay. ANSWER: b. Please identify any person(s) who had any contact with any third party regarding the securitization, sale, transfer, assignment, hypothecation or arty document or agreement, oral, written or otherwise, that would effect the funding, closing, or the receipt of money from a third party in a transaction that referred to the subject loan. ANSWER: 7. Please identify any person(s) known or believed by anyonc at Deutsche Bank National Trust Company who had received physical possession of the note and allonges, the mortgage, or any document (including but not limited to assignment, endorsement, allonges, Pooling and Servicing Agreement, Assignment and Assumption Agreement, Trust Agreement, letters or email or faxes of transmittals including attachments) that refers to or incorporates terms regarding the securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral, written or otherwise, that would effect the funding, or the receipt of money from a third party in a transaction, and whether such money was allocated to principal, interest or other obligation related to the subject loan. ANSWER: 8. Please identify all persons known or believed by anyone in Deutsche Bank National Trust Company or any affiliate to have participated in the securitization of the subject loan including but not limited to mortgage aggregators, mortgage brokers, financial institutions, Structured Investment Vehicles, Special Purpose Vehicles, Trustees, Managers of derivative securities, managers of the company that issued an Asset-backed security, Underwriters, Rating Agency, Credit Enhancement Provider. ANSWER: 9. Please identify the person(s) or entities that are entitled, directly or indirectly to the stream of revenue from the borrower in the subject loan. ANSWER: 10 Please identify the person(s) in custody of any document that identifies the loa~servicer(s) in the subject loan transaction. ANSWER: 11. Please identify any person(s) in custody of any document which refers to any instruction or authority to enforce the note or mortgage in the subject loan transaction. ANSWER: 12.Other than people identified above, identify any and all persons who have or had personal knowledge of the subject loan transaction, underwriting of the subject loan transaction, securitization, sale, transfer, assignment or hypothecation of the subject loan transaction, or the decision to enforce the note or mortgage in the subject loan transaction. ANSWER: 13. Please state address, phone number, and employment history for the past 3 years of Tamara Price, vice President, Argent Mortgage Company, LLC, "designated as the Assignor" of the mortgage loan to Deutsche Bank National Trost Company (Assignment of Mortgage recorded in Essex County Register's Office on June 25, 2008). ANSWER: 14. Please state the date on which Argent Mortgage Company, LLC (originator) sold the mortgage loan to Ameriquest Mortgage Company (Seller and Master Servicer). ANSWER: 15. Please state the date on which Ameriquest Mortgage Company (Seller and Master Servicer) sold the mortgage loan to Argent Securities, Inc. (Depositor). ANSWER: 16. Did Argent Mortgage Company, LLC (originator) or previous servicers of this account receive any compensation, fee, commission, payment, rebate or other financial considerations from Ameriquest Mortgage Company (Seller and Master Servicer) or any affiliate or from the trust funds, for handling, processing, originating or administering this loan? ANSWER: 17. If yes, please describe and itemize each and every form of compensation, fee, commission, payment, rebate or other financial consideration paid to Argent Mortgage Company, LLC, the originator or previous servicers of this account by Ameriquest or any affiliate, or from the trust fund. ANSWER: 18. Please identify any party, person o7 entity known or suspected by Deutsche Bank National Trust Company ar any of your officers, employees, independent contractors or other agents, or servants of your company wha might possess or claim rights under the subject loan ar mortgage and/or note. ANSWER: 19. Please identify the custodian of the records that would show all entries regarding the flow of funds for the subject loan transaction prior to and after closing of the loss (Flow of fiuLds, means any record of money received, any record of money paid out and any bookkeeping or accounting entry, general ledger and accounting treatment of the subject loan transaction at your company or any affiliate including but not limited to whether the subject loan transaction was ever entered into any caLegary on the balancx sheet at any time or tines, whether any reserve for default was ever entered on the balance sheet, and whether auy entry,. report or calculation was made regarding. the effect of this loan transaction on the capital reserve requirements. of your company or any affiliate.) ANSWER: 20. Please identify the auditor and/or accountant of your financial statements or tax returns. ANSWER: 21. Please identify any attorney with wham you consulted or wha rendered as opinion regarding the subject loan transaction or a~+ pattern of securitization that may have effected the subject loan ransaction directly or indirectly. ANSWER: 22. Please identify any person who served as an officer or director with Deutsche Bank National Company or Argent Mortgage Company LLC commencing with 6 months prior to closing of the subject loan transaction through the present. (This interrogatory is limited only to those people who had knowledge, responsibility, or otherwise made or received reports regarding information that included the subject loan transaction, and/or the process by which solicitation, underwriting and closing of residential mortgage loans, or the securitization, sale, transfer or assignment or hypothecation of residential mortgage loans to third parties.) ANSWER: 23. Did any investor/certificate holder approve or authorize foreclosure proceedings on Juli D. Benson's property? ANSWER: 24. Please identify the person(s) involved or having knowledge of any insurance policy or product, plan or instrument describing over-collateralization, cross-collateralization or guarantee or other instrument hedging the risk of default as to any person or entity acting as an issuer of any securities or certificates. (Such instrument(s) relate to the composition of a pool, tranche or other aggregation of assets that was created, included or referred to the subject loan and the pool or aggregation was transmitted, transferred, assigned, pledged or hypothecated to any entity or buyer. A person who "transmitted, transferred, assigned, pledged or hypothecated" refers to any person who suggested, approved, received or accepted the composition of the pool or aggregation made or confirmed representations, evaluations or appraisals of value of the home, value of the security instruments, ability of the borrower to pay.) ANSWER: 25. Please identify the person(s) involved or having knowledge of any credit default swap or other instrument hedging the risk of default as to any person or entity acting as an issuer of any securities or certificates. (Such instrument(s) relate to the composition of a pool, tranche or other aggregation of assets that was created, included or referred to the subject loan.) ANSWER: Date: ~~L~ I'L~/~~ Subnutted by: JJ 3 eph T. Sucec, Esq. 325 Peach Glen-Idaville Road Gazdners, PA 17324 717-315-2359 joesucec@comcast.net Joseph T. Sucec, Esq. Attorney for Defendant 325 Peach Glen-Idaville Road Gazdners, PA 17324 717-315-2359 joesucec@comcast,net IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1, No. 12-151 plaintiff v Juli D. Benson, CIVIL DIVISION - defendant FORECLOSURE JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby that on this 22nd day, May 2012, I served a true copy, by first-class mail, of Plaintiff s First Set of Interrogatories on the following: Zucker, Goldberg, & Ackerman PO Box 650 Hershey, PA 17033 Joseph T. Sucec, Esq. Attorney for Defendant 325 Peach Gien-Idaville Road Gardners, PA 17324 717-315-2359 joesucec~,comcast,net IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1, plaintiff v Juli D. Benson, defendant No. 12-151 CIVIL DIVISION - FORECLOSURE JURY TRIAL DEMANDED Defendant Juli D. Benson requests Plaintiff, Deutsche National Bank, as Trustee for Sotmdview Home Loan Trust 2006-WFI produce, within thirty (30) days of the service hereof, at Peach Glen-Idaville Road, Gardners, PA 17324, the original Promissory Note signed by Defendant on_ s~z,~~~v J h T. Sucec, Esq. (PA74482) DEUTSCHE BANK NATIONAL IN THE COURT OF COMMON PLEAS OF TRUST COMPANY, as Trustee CUMBERLAND COUNTY, PENNSYLVANIA for Soundview Home Loan Trust 2006-WF1, Plaintiff e- VS. CIVIL ACTION NO. 12-0151 CIVIL ear" JULI D. BENSON, c" Defendant ac C)C5 . IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held June 14, 2013, were Ralph M. Salvia, Esquire, attorney for the plaintiff, and Joseph T. Sucec, Esquire, attorney for the defendant. The bank continues to require.certain documents in order to complete a review for a loan modification. The homeowner has not been forthcoming in this regard. If the required documents are not submitted within fifteen(15) days, counsel for the plaintiff may request, in writing, that this matter be removed from the conciliation program. If the documents are furnished, then the plaintiff will presumably have the matter under review. In that event, continued conciliation conference may be requested by either party. ORDER AND NOW this / y ' day of June, 2013, unless required documentation is received by the plaintiff within fifteen(15) days, this matter will be removed from the Mortgage Foreclosure Diversion Program upon written request of counsel for the plaintiff. If no such request for removal is made, conciliation conference may be set at the request of either party. BY THE COURT, Ke tiess, P. J. Ralph Salvia, Esquire P. O. Box 650 Hershey, PA 17033 ✓ Joseph Sucec, Esquire 325 Peach Glen—Idaville Road Gardners, PA 17324 Am LL DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Soundview Home Loan Trust 2006-WF1, Plaintiff vs. JULI D. BENSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 12-0151 CIVIL ORDER AND NOW, this /D • day of June, 2014, upon relation of counsel for the plaintiff, attached hereto, that the defendant has failed to submit requested documents since November, 2013, this matter is removed from the Cumberland County Mortgage Diversion Program and the stay entered in this case is lifted. ✓Kalph Salvia, Esquire P. O. Box 650 Hershey, PA 17033 Joseph Sucec, Esquire 325 Peach Glen — Idaville Road Gardners, PA 17324 :rim BY THE COURT, C- t C.J LEONARD B. ZUCKER MICHAEL S. ACKERMAN JOEL ACKERMAN" FRANCES GAMBARDELLA BRIAN C. NICHOLAS. SCOTT A. DIETTERICK * KIMBERLY A. BONNER * STEVEN D. KROL CHRISTOPHER G. FORD DENISE CARLON N CHRISTINE E. POTTER 0 RYAN S. MALC STEPHANIE WOLCHOK ASHLEIGH LEVY MARIN f DOUGLAS J. McDONOUGH TIMOTHY J. ZIEGLER RALPH M. SALVIA # ROBERT D. BAILEY JAIME R. ACKERMAN s KACIE W. BROWN MONIKAS. PUNDALIK TODD MARKS JANA FRIDFINNSDOTTIR'# DENNIS P. UHLMANN, JR. BRIAN M. GILBERT JAMAR BENJAMIN XFP-159539 ZUCKER, GOLDBERG & ACKERMAN, LLC ATTORNEYS AT LAW 200 SHEFFIELD STREET- SUITE 101 P.O. BOX 1024 MOUNTAINSIDE, NJ 07092-0024 TELEPHONE: 908-233-8500 FACSIMILE: 908-233-1390 E-MAIL: office@zuckergoldberg.com For payoff/reinstatement figures Please send your request to: zuckergoldberg.com/pr The Honorable Judge Hess Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: vs. Docket No.: Dear Judge Hess: REPLY TO Pennsylvania ADDRESS FOUNDED IN 1923 AS ZUCKER & GOLDBERG MAURICE J. ZUCKER (1918-1979) LOUIS D. GOLDBERG (1923-1967) LEONARD H. GOLDBERG (1929-1979) BENJAMIN WEISS (1949-1981) Pennsylvania Office: The Union Hotel Office Building 240 Gettysburg Pike Mechanicsburg, PA 17055 ALSO MEMBER OF NY, PA AND CA BAR ! ALSO MEMBER OF NY, PA AND ME BAR •• ALSO MEMBER OF NY AND PA BAR • ALSO MEMBER OF NY BAR f ALSO MEMBER OF PA BAR * MEMBER OF PA BAR ONLY O ALSO MEMBER OF FL BAR April 11, 2014 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF1, Juli D. Benson 201 -151 -CIVIL Pursuant to this Court's Order of Jun 14, 2013, this matter would be removed from the Mortgage Foreclosure Diversion Program upon written request if documents were not received within 15 days from the date of the Order. While the Order does not address this exact instance, the spirit of the Order maintains timely submissions by the Defendant to complete a loan modification application. The Defendant has failed to submit requested documents since November, 2013. As no loan modification has been completed to be reviewed, inclusion of this matter in the program is no longer necessary. BY: Very Trul Yours, , GOLDBER¢L ACKERMAN, LLC alph . Salvia, Esquire Pa. I.D. #202946 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XFP-159539 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Soundview Home Loan Trust 2006-WF1, Plaintiff vs. JULI D. BENSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 12-0151 CIVIL ORDER AND NOW, this s day of June, 2014, our order of June 10, 2014, removing this matter from the Cumberland County Mortgage Diversion Program is VACATED. Pending further order of court, this matter shall remain in the Diversion Program and a stay shall remain in effect. BY THE COURT, Kevin Hess, P. J. Ralph Salvia, Esquire P. O. Box 650 Hershey, PA 17033 Joseph Sucec, Esquire 325 Peach Glen — Idaville Road Gardners, PA 17324 :rlm eo'-f1l P &/iq/iy 1.0 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Soundview Home Loan Trust 2006-WF1, Plaintiff : IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : NO. 12-0151 CIVIL JULI D. BENSON, Defendant ORDER AND NOW, this ! '' day of July, 2014, a conciliation conference in the above matter is set for Thursday, July 31, 2014, at 10:15 a.m. in Chambers of the undersigned. BY THE COURT, ✓ Ral h Salvia Esquire uire q Zucker Goldberg & Ackerman 240 Gettysburg Pike Mechanicsburg, PA 17055 Joseph Sucec, Esquire 325 Peach Glen — Idaville Road Gardners, PA 17324 :rlm co t.sp2....tc.i. 7//4///4/ Kevin + Hess, P. J. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Soundview Home Loan Trust 2006-WF1, Plaintiff • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : NO. 12-0151 CIVIL JULI D. BENSON, Defendant ORDER AND NOW, this 2/ day of July, 2014, following conciliation conference, this matter is removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay entered in this case is lifted. Ralph Salvia, Esquire Zucker Goldberg & Ackerman 240 Gettysburg Pike Mechanicsburg, PA 17055 ✓Joseph Sucec, Esquire 325 Peach Glen — Idaville Road Gardners, PA 17324 :r1m BY THE COURT, cz -K3 3 rn I IeS filk 152CL• v,.r- I -< 7/3/�y� -�-1 r*a r` -v r C.) c, CI P Mrs CI -11 c7.3 :r> c.ra