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HomeMy WebLinkAbout14-3902 Supreme Court of Pennsylvania 7 �� , 11 COUI' f Commp�ti,Pleas For Prothonotary Use Only: CvC�vet; t Cu BERCounty Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules o court. Commencement of Action: S ❑x Complaint ❑ Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: DEUTSCHE BANK NATIONAL Lead Defendant's Name: MARTIN JM MANATT C TRUST COMPANY,AS TRUSTEE FOR AMERIQUEST T MORTGAGE SECURITIES INC.,ASSET-BACKED I PASS-THROUGH CERTIFICATES, SERIES 2004-117 Dollar Amount Requested: El within arbitration limits 0 Are money damages requested? ❑ Yes ❑x No x (Check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen,Esq., Id.No.317124,Phelan Hallinan,LLP ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment ❑Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑Nuisance ❑ Dept. of Transportation ❑Premises Liability ❑ Statutory Appeal: Other ❑Product Liability(does not S include mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/Defamation Discrimination ❑Other: ❑Employment Dispute: Other ❑Zoning Board C ❑Other: T I MASS TORT ❑Other: O ❑ Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration B ❑Other: ❑ Eminent Domain/Condemnation ❑Declaratory Judgment ❑ Ground Rent ❑Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑Dental ❑Partition ❑ Replevin ❑ Legal ❑Quiet Title ❑ Other: ❑Medical ❑Other: ❑Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 { t ME lett0THONOT1f,i,, 211"r JUL -3 � 1 ; :3 C,WrIR RLAND R MSYLIVANIAh7Y PHELAN HALLINAN,LLP Michael Dingerdissen,Esq.,Id.No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE COURT OF COMMON PLEAS SECURITIES INC.,ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-R7 CIVIL DIVISION C/O OCWEN LOAN SERVICING, LLC 1661 WORTHINGTON ROAD, SUITE 100 TERM WEST PALM BEACH, FL 33409 1(� Q No. Plaintiff V. CUMBERLAND COUNTY MARTIN JM MANATT 804 NORTH MARKET STREET MECHANICSBURG,PA 17055-2758 JENNIFFER MANATT A/K/A JENNIFFER L. MANATT 804 NORTH MARKET STREET MECHANICSBURG,PA 17055-2758 Defendants CIVIL ACTION -LAW ncs) COMPLAINT IN MORTGAGE FORECLOSURE File 4: 940842 JG �99 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-R7 C/O OCWEN LOAN SERVICING, LLC 1661 WORTHINGTON ROAD, SUITE 100 WEST PALM BEACH, FL 33409 2. The name(s) and last known address(es) of the Defendant(s) are: MARTIN JM MANATT 804 NORTH MARKET STREET MECHANICSBURG,PA 17055-2758 JENNIFFER MANATT A/K/A JENNIFFER L.MANATT 804 NORTH MARKET STREET MECHANICSBURG,PA 17055-2758 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/24/2004 MARTIN JM MANATT and JENNIFFER MANATT made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY ,which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1869, Page 2982. By Assignment of Mortgage recorded 02/13/2009 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 200903963.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File#: 940842 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2013 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. 6. The following amounts are due on the mortgage as of 05/12/2014: Principal Balance $104,588.00 Interest $5,306.40 08/01/2013 to 05/12/2014 Late Charges $194.76 Property Inspections $103.50 Appraisal/Brokers Price Opinion $200.00 Escrow Deficit $2,637.35 Subtotal $113,030.01 Suspense Credit 49.08 TOTAL $112,980.93 7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s) in the Action;however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no-way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, 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 File#: 940842 provided by said notice has terminated because Defendant(s)hasihave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File#: 940842 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of$112,980.93,together with interest,costs,fees,and charges collectible under the mortgage including but not limited to attorney fees and costs,and for the foreclosure and sale of the mortgaged property. PHELAN HALL 'AN,LLP By: Mihael Dingerdissen,Esq., d.No.317124 Attorney for Plaintiff VERIFICATION I Megan Pa olucci ,hereby state that I am CplMManag"M,00*k'dor of OCWEN LOAN SERVICING,LLC,mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to OCWEN LOAN SERVICING,LLC for the mortgage loan which is the subject of this action. Plaintiff lacks sufficient information to make this verification because Plaintiff is not the entity which maintains the business records for the mortgage. OCWEN LOAN SERVICING,LLC is in possession and control of all documents and records supporting the statements in the foregoing complaint and therefore the servicer,rather than the Plaintiff,is the appropriate entity to make this verification. I have reviewed the business records relating to this account,and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ^ DATE: —� 111tA�ON I Name. Mega.Paoluccl Title: Manag�t�ent Coordinator OCWEN LOAN SERVICING,LLC as servicer for DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC.,ASSET-BACKED PASS-THROUGH CERTIFICATES,SERIES 2004- R7 File#: 940842 Name:MANATT File 4: 940842 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, sitaute, lying and being in the borough of Mechanicsburg in the county of Cumberland and commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern side of north Market street, which point is also the dividing line of lots nos. 3 and 4, block G, on the hereinafter mentioned plan of lots;thence along said dividing line south 78 degrees 00 minutes east 112,0 feet to a point;thence along the dividing line of lot no. 3 and lots nos. 14 and 15,block G, south 12 degrees 00 minutes west 65.0 feet to a point;thence along the dividing line of lots nos. 2 and 3 on the hereinafter mentioned plan of lots north 78 degrees 00 minutes west 112.0 feet to a point on the eastern side of north Market street; thence along the eastern side of north Market street north 12 degrees 00 minutes east 65.0 feet to a point and place of beginning. BEING lot no. 3, block G, on the final plan of part of blocks B, C, D, G and H, Wynnewood park, as recorded in the Cumberland county recorder of deeds office in plan book 30,page 116. PROPERTY ADDRESS: 804 NORTH MARKET STREET,MECHANICSBURG,PA 17055-2758 PARCEL#18220519270 File#: 940842 FORM 1 IN THE COURT OF COMMON PLEAS DEUTSCHE BANK NATIONAL TRUST OF CUMBERLAND COUNTY, PENNSYLVANIA COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC.,ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-117 Plaintiff(s) vs. �O� t✓ e,,a C:� MARTIN JM MANATT JENNIFFER MANATT A/K/A JENNIFFER L. f p 57 O�C� MANATT ` L 0' 1_, Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSU � DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint. if you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: —7/2, l ` J J1- =,- Date Michael Dingerdissen, Esq.,Id.No.317124 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: 9 of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes& Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No❑ If yes, provide names, location of court,case number& attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly.Net Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Id Mortgage Utilities Car Payment(s)) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income& Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6 Listing agreement (if property is currently on the market) 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 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. CUMBERLAND COUNTY ATTORNEY. REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 940842 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , ?1 _,3-tji f ;_ Sheriffu,xe�, :,ai,�+rr�x� i a' J 13 i t : Jody S Smith Chief Deputy NA JUL 21 1111 5= 1.3 Richard W Stewart CUMBERLAND COUNTY Solicitor )Pg, PEOSYLVANIA Deutsche Bank National Trust Company vs. Case Number Martin JM Manatt(et al.) 2014-3902 SHERIFF'S RETURN OF SERVICE 07/11/2014 07:15 PM- Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Martin JM Manatt at 804 North Market Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. AW-(\ J DIMARTLE, DEPUTY 07/11/2014 07:15 PM- Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Jennifer Manatt at 804 N. Market Street, Mechanicsburg Borough, Mechanicsb rg, PA 17055. 0\011 JAhll E DIMARTLE, DEPUTY SHERIFF COST: $55.30 SO ANSWERS, July 14, 2014 RONR ANDERSON, SHERIFF e r erdi '<A-°soft inc. Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 jr a 1 E i raj"�-"-«FFCE PRO T HON©TA 7414 JUL 23 SIT IQ: 2 CUI1BER PENNSYN AND COUNTY !q Attorney For Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R7 Plaintiff v. MARTIN JM MANATT JENNIFFER MANATT A/K/A JENNIFFER L. MANATT Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 14 -3902 -CIVIL PRAECIPE TO THE PROTHONOTARY: ® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. n Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Please Vacate the Judgment entered. Date: 1 Ica (.(Gt PH # 940842 PHELAN HA By: Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff LLP � Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R7 Plaintiff v. MARTIN JM MANATT JENNIFFER MANATT A/K/A JENNIFFER L. MANATT Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 14 -3902 -CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: MARTIN JM MANATT JENNIFFER MANATT A/K/A JENNIFFER L. MANATT 804 NORTH MARKET STREET MECHANICSBURG, PA 17055-2758 Date: *7A ((t PHELAN By: Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff N, LLP