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Home My WebLink About14-4511 Supreme Court of Pennsylvania Court of Common Pleas _ For Prothonotary Use Only: Civil Cover deet CUMBERLAND County 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 of court. Commencement of Action: ❑x Complaint ❑ Writ of Summons ❑Petition S ❑ Transfer from Another Jurisdiction ❑Declaration of Taking C+ Lead Plaintiffs Name: DEUTSCHE BANK NATIONAL Lead Defendant's Name: AMBER CLARK C TRUST COMPANY,FORMERLY KNOWN AS BANKERS TRUST COMPANY OF CALIFORNIA,N.A., T AS TRUSTEE FOR AMERICAN HOME MORTGAGE I INVESTMENT TRUST 2005-1 0 Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits N (Check one) ❑x outside arbitration limits 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. 11' 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 S El Product Liability(does not include mass tort) ❑Employment Dispute: IJi ❑Slander/Libel/Defamation Discrimination C El Other: ❑Employment Dispute:Other El Zoning Board ❑Other: T I ❑Other: 0 MASS TORT ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment B ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order ❑Mortgage Foreclosure:Commercial ❑Quo Warranto PROFESSIONAL LIABILITY ❑Partition ❑Replevin ❑Dental ❑Quiet Title ❑Other: ❑Legal ❑Other: ❑Medical ❑Other Professional: Pa.R.C.P.205.5 Updated 01/01/2011 Ifs PR0TH NOTA 2014 JUL 31 �� 1►: 1 1 CUMBERLAND COUNTY PENNSYLVANIA 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 ❑❑❑❑❑63-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, FORMERLY KNOWN AS BANKERS TRUST COURT OF COMMON PLEAS COMPANY OF CALIFORNIA,N.A.,AS TRUSTEE FOR AMERICAN HOME MORTGAGE CIVIL DIVISION INVESTMENT TRUST 2005-1 C/O OCWEN LOAN SERVICING, LLC TERM 1661 WORTHINGTON ROAD, SUITE 100 WEST PALM BEACH, FL 33409 NO. Plaintiff CUMBERLAND COUNTY V. AMBER D. CLARK 3301 RITNER HIGHWAY#2 NEWVILLE,PA 17241-9502 Defendant CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE l.J File#: 936087 \� 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, FORMERLY KNOWN AS BANKERS TRUST COMPANY OF CALIFORNIA,N.A.,AS TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST 2005-1 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: AMBER D. CLARK 3301 RITNER HIGHWAY#2 NEWVILLE,PA 17241-9502 who is/are the mortgagor(s) and/or real owner(s)of the property hereinafter described. 3. On 02/18/2005 AMBER D. CLARK made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as Nominee for AMERICAN HOME MORTGAGE ACCEPTANCE, INC ,which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1897, Page 3405. By Assignment of Mortgage recorded 07/09/2012 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201220286.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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2011 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 File#: 936087 J 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 06/25/2014: Principal Balance $91,782.73 Interest $16,887.89 06/01/2011 to 06/25/2014 Late Charges $606.80 Property Inspections $207.00 Appraisal/Brokers Price Opinion $784.00 Prior Servicer Fees (Property Inspections) $198.40 Prior Servicer Fees (BPO Fees) $410.00 Escrow Deficit $8,651.44 TOTAL $119,528.26 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 provided by said notice has terminated because Defendant(s) has/have 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#: 936087 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of$119,528.26,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 HALLINAN, LLP tThBy: Michael Dinger issen,Esq.,Id.No.317124 Attorney for Plaintiff VERIFICATION I gap-Paolucd ,hereby state that I am CMtratt Mltqer ft Goth dv 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 t unsworn falsification to authorities. DATE: , `T Name:Megan Pao icci Title: C0nhaftMrqff0#C0*et0► OCWEN LOAN SERVICING,LLC as servicer for DEUTSCHE BANK NATIONAL TRUST COMPANY,AS INDENTURE TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST 2005-1 File#: 936087 Name: CLARK File#: 936087 LEGAL DESCRIPTION ALL that certain parcel of land together with improvements there-on situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike set in the center line of Green Hill Road (T-434) at corner of lands now or formerly of Larry E. Smith; thence along the center line of Green Hill Road South 01 degree 20 minutes 20 seconds East 135.27 feet to a railroad spike; thence along Lot No. 2 of the hereinafter stated subdivision plan North 89 degrees 50 minutes 23 seconds West 322.14 feet to an iron pin; thence along lands now or formerly of Marlin H. Miller North 15 degrees 05 minutes 15 seconds East 85.23 feet to an iron pin; thence along lands now or formerly of Marlin H. Miller and lands now or formerly of Larry E. Smith North 80 degrees 03 minutes 17 seconds East 301.32 feet to a railroad spike set in the center line of Green Hill Road (T-434), the point and place of BEGINNING. CONTAINING 33,415 square feet and being Lot No. 1 on the Land Subdivision for John A. Crider and Melvin Z. Leid recorded in Plan Book 75, Page 141, Cumberland County Records. HAVING THEREON erected a dwelling known as 234 Green Hill Road,Newville, Pennsylvania 17241. PA-3 TSS5000-00153 PROPERTY ADDRESS: 234 GREEN HILL ROAD,NEWVILLE, PA 17241-9574 PARCEL #46-08-0589-023 File#: 936087 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE PRO THONUTr I\ 7014 AUG 12 PM12:34 CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company vs. Amber D. Clark Case Number 2014-4511 SHERIFF'S RETURN OF SERVICE 08/06/2014 04:19 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Greg Clark, Occupant, who accepted as "Adult Person in Charge" for Occupant at 234 Green Hill Road, West Pennsboro Township, Newville, PA 17241. DAWN KELL, DEPUTY 08/06/2014 07:02 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Amber D. Clark at 3301 Ritner Highway #2, West Pennsboro, Newville, PA 17241. vaiL., DAWN KELL, DEPUTY SHERIFF COST: $65.12 SO ANSWERS, August 07, 2014 RONNY R ANDERSON, SHERIFF Ic) County Gude Sheriff, Teleosoft. Inc. f' H,ON 0 7r5 `. 2014 OCT 24 Ptd 4: 02 CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL PENNSYLVlAtRkHE COURT OF COMMON PLEAS TRUST COMPANY, f/k/a BANKERS : CUMBERLAND COUNTY, PENNSYLVANIA TRUST COMPANY OF CALIFORNIA,N.A. AS TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST 2005-1 C/O OCWEN LOAN SERVICING, LLC, : Plaintiff : V. : NO 14 - 4511 Civil Term AMBER D. CLARK, Defendant : CIVIL ACTION - LAW ANSWER TO PLAINTIFF'S COMPLAINT 1. Denied. Defendant has no specific knowledge as to the corporate structure of the Plaintiff. Strict proof is demanded at trial. 2. Admitted. 3. Admitted that Defendant executed and delivered a mortgage, and any matters of public record. Defendant has no specific knowledge of the assignment, or that said Plaintiffs are the proper assignees and representatives of American Home Mortgage Acceptance, Inc., or Mortgage Electronic Registration Systems, Inc. and strict proof is demanded at trial. 4. Admitted. 5. Denied, strict proof is demanded at trial. . 6. Denied, Defendant has no knowledge, verification or proof of the amounts claimed and demands strict proof at trial. 7. Admitted, that Plaintiff is seeking the type of Judgment it says it is seeking. � k 8. Denied. Strict proof is demanded at trial. WHEREFORE, Defendant demands strict proof at trial. Signed: Date: lCv� Arpber D. Clark, Defendant 3301 Ritner Highway#2 Newville, Pa. 17241