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Home My WebLink About05-0587 PHELAN HALLINAN & SCHMIEG, LLP 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1,2002 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO,OS- -~P7 C;U~CTV1...1 CUMBERLAND COUNTY Plaintiff v. DONALD J. SHOTTO NKJA DONALD J. SHOTTO, JR ROBIN E. SHOTTO NKJA ROBIN SHOTTO 25 CHANNEL DRIVE CARLISLE, PA 170]3 Defendants 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 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 THlSPAPER 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 INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990,9108 File #: ]] 0527 File #: 110527 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. L Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INe., SERIES 2002-C ASSET-BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER I, 2002 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 2, The name(s) and last known addressees) of the Defendant(s) are: DONALD 1. SHOTTO A/KI A DONALD J SHOTTO, JR. ROBIN E, SHOTTO A/KI A ROBIN SHOTTO 25 CHANNEL DRiVE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 07/2412002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1766, Page: 2145. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same, 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 08/0 I /2004 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 #: 1] 0527 6, The following amounts are due on the mortgage: Principal Balance Interest 0710112004 through 0112812005 (Per Diem $29.18) Attorney's Fees Cumulative Late Charges 0712412002 to 0112812005 Cost of Suit and Title Search Subtotal $105,063.34 6,186.16 1,250.00 335,64 $ 550.00 $ 113,385.14 Escrow Credit Deficit Subtotal 0.00 5,130,24 $ 5J 30.24 TOTAL $ 118,515.38 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 attomey'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 haslhave 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 $ 118,515.38, together with interest from 0112812005 at the rate of$29,18 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, PHELAN HALLINAN & SCHMIEG, LLP ~-~7~ By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 110527 LEGAL DESCRIPTION All that certain lot or piece of ground with the building and improvements thereon erected, being known as (25 CHANNEL DRIVE CARLISLE, P A 17013), being further described on that certain Deed dated 09/23/l 999 and recorded 09/28/1999 in the office of the Recorder of Deeds in CUMBERLAND County in Deed Book No. 208, Page 526. Folio (29-18,1371-029) BEING known as 25 CHANNEL DRIVE VERIFICA nON FRANClS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing ofthe pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: lIir/6 r 0 ;q. -p tl\ € t- '1 VI f..../:l c:'_; 0 lI"\ <C";> -[1 .;.:.../'""\ -4::. Q ~1 -- r~'''~! r \) -J (.rJ Q ~ \ ~ N "'l) ~ -.:t E C:J r. (.,) - --------- SHERIFF'S RETURN - REGULAR ~ , CASE NO: 2005-00587 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHOTTO DONALD J ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHOTTO DONALD J AKA DONALD J SHOTTO JR the DEFENDANT , at 0925:00 HOURS, on the 9th day of February 2005 at 25 CHANNEL DRIVE CARLISLE, PA 17013 by handing to DUSTIN SHOTTO, SON, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 ~~:;'C"::f~ R. Thomas Kline me this (,<-' l'i~ day of 02/09/2005 PHELAN HALLINAN SCHMIEG 1//1 d~/ Deputy eriff By: Sworn and Subscribed to before J~ ,h'V:;' _ A.D. C t", Q 'm,;h.)~ I Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-00587 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHOT TO DONALD J ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHOTTO ROBIN E the DEFENDANT , at 0925:00 HOURS, on the 9th day of February 2005 at 25 CHANNEL DRIVE CARLISLE, PA 17013 by handing to DUSTIN SHOTTO, SON, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6,00 .00 ,00 10.00 ,00 16.00 -"J"""-" /' .j,~C~~'..,.\~i:~2~> Yj~, .'''.-. .,/~.: _'... A "'~',,,.l,,..A:::-.('~ , R, Thomas Kline 02/09/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: !ltcl/~ Dep ty Sher.;iq'f ,.. me this IV ~ day of .1r.l";AA>-'f .2 tJV'; A _ D . / I Q ~ - " tr>k l 1'1~-'/;tho~o{:r~"f", / 77 PHELAN HALLiNAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire LD. No. 32227 Francis S. Hallinan, Esquire J.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., SERIES 2002-C ASSET-BACKED CERTIFICATES UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1ST, 2002 Plaintiff VS. DONALD J. SHOlTO ROBIN E. SHOlTO Defendant(s) PHS# 110527 Attorney for Plaintiff Court of Common Pleas Cumberland County No. 05-587 CIVIL TERM PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. 5/2--3>/ CJ,b Date f I ~.s::~ I Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff o ~ F ,..., = = cro Z :po -"" N ;;:- ( :::;; -- :P' -"'r .- '2 w -J ~ ~-n t11p' -om :69 3'Q, ,:,':~~~~ ,'~rn o .-\ 2: ~