HomeMy WebLinkAbout14-6410 Supreme Court of Pennsylvania
Cou v.(_ f Com n Pleas
• For Prothonotary Use Only.
ttsoverr, heet
Cua �,��r County Docket No:
5 a . l 7
The information collected ora this firm is used solely for court administration pwposes. This form does Piot
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S ® Complaint ❑ Writ of Summons ❑ Petition
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
E Lead Plaintiff's Name: Deutsche Bank National Trust Company as Lead Defendant's Name: Suzanne M.McConnaughey A/K/A
C Trustee for Morgan Stanley ABS Capital I Inc.Trust 2006-HE7 Suzanne McConnaughey
Mortgage Pass-Through Certificates,Series 2006-HE7
T
I Are money damages requested?: ❑Yes ® No Dollar Amount Requested: within arbitration limits
(Check one)
O x outside arbitration limits
N —
Is this a Class Action Suit? ❑Yes ® No Is this an MDJ AppeaR ❑Yes ® No
Name of Plaintiff/Appellant's Attorney: Scott A.Dietterick,Esq.c/o Zucker,Goldberg&Ackerman,LLC
A
❑ 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
S
El Product Liability(does not include
mass tort) ❑ Employment Dispute:
E ❑ Slander/Libel/Defamation Discrimination
❑ Other: ❑ Employment Dispute: Other
C ❑ Zoning Board
: T
❑ Other:
I MASS TORT ❑ Other:
0 ❑ Asbestos
❑ Tobacco
N ❑ Toxic Tort-DES
❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste
❑ Other: El Ejectment El Common Law/Statutory Arbitration
❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
B ❑ 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:
Updated 111112011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: e
Deutsche Bank National Trust Company as Trustee CIVIL DIVISION
for Morgan Stanley ABS Capital I Inc.Trust 2006- (.
HE7 MortgagePass-Through
Pass-Throu h Certificates,Series NO.: h
g
2006-HE7,
Plaintiff,
TYPE OF PLEADING
,...n
VS. CIVIL ACTION -COMPLAINT
Suzanne M. McConnaughey A/K/A Suzanne IN MORTGAGE FORECLOSURE
McConnaughey; Mark A. McConnaughey A/K/A
Mark McConnaughey; FILED ON BEHALF OF:
Defendants.
Deutsche Bank National Trust Company as
Trustee for Morgan Stanley ABS Capital I Inc.
TO: DEFENDANTS Trust 2006-HE7 Mortgage Pass-Through
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY(20)DAYS Certificates,Series 2006-HE7
FROM SERVICE HEREOF ORA DEFAULT JUDGMENT MAY BE Plaintiff
ENTERED AGAINST YOU.
I HEREBY CERTIFY THAT THE ADDRESS COUNSEL OF RECORD FOR THIS PARTY:
OF THE PLAINTIFF IS:
3815 SOUTH WEST TEMPLE,P.O.BOX 65250 ZUCKER,GOLDBERG&ACKERMAN, LLC
SALT LAKE CITY,UT 84115-4412
Scott A. Dietterick, Esquire-Pa. I.D.#55650
AND THE DEFENDANT: Kimberly A. Bonner, Esquire-Pa. I.D.#89705
20711th Street Joel A.Ackerman, Esquire-Pa I.D.#202729
New Cumberland,PA 17070 Ashleigh Levy Marin, Esquire-Pa I.D.#306799
Ralph M.Salvia, Esquire-Pa I.D.#202946
Jaime R.Ackerman, Esquire-Pa I.D.#311032--
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF Jana Fridfinnsdottir, Esquire-Pa I.D.#315944
THE REAL ESTATE AFFECTED BY THIS LIEN IS Brian Nicholas,Esquire-Pa I.D.#317240
207 11th Street,New Cumberland PA 17070 Denise Carlon, Esquire-Pa I.D.#317226
Municipality: New Cu Berland
Roger Fay, Esquire; PA I.D.#315987
200 Sheffield Street,Suite 101
ATTORNEYrF -(F
Mountainside, NJ 07092
ATTY FILCP 191109 (908)233-8500
Atty File No.: FCP-191109
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4 -7 V" �
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Deutsche Bank National Trust Company as CIVIL DIVISION
Trustee for Morgan Stanley ABS Capital I Inc.
Trust 2006-HE7 Mortgage Pass-Through NO.:
Certificates,Series 2006-HE7
Plaintiff,
VS.
Suzanne M. McConnaughey A/K/A Suzanne
McConnaughey; Mark A. McConnaughey
A/K/A Mark McConnaughey;
Defendants.
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
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 file 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
Zucker,Goldberg&Ackerman,LLC
FCP-191109
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 WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED
BY THIS NOTICE.TIDS PROGRAM IS FREE.
ZUCKER, GOLDBERG &ACK N, LLC
By:
Dated: Scott A. DNonner,
ck, Esquire; PA I.D.#55650
Kimberly 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
Jana Fridfinnsdottir, Esquire; PA I.D.#315944
Brian Nicholas, Esquire; PA I.D.#317240
Denise Carlon, Esquire; PA I.D.#317226
Roger Fay,Esquire; PA I.D.#315987
Attorneys for Plaintiff
FCP-191109/mti
200 Sheffield Street,Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX
Email: Office@zuckergoldberg.com
Zucker,Goldberg&Ackerman,LLC
FCP-191109
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
Please provide the following information to the best of your knowledge:
CUSTOMER/PRI
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:
#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:
Zucker,Goldberg&Ackerman, LLC
FCP-191109
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:
Monthly Income
Name of Employers:
1.
2.
3.
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
2nd 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 Support/Alim. Spending Money
Day/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:
Zucker,Goldberg&Ackerman, LLC
FCP-191109
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 or 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 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:
V Proof of Income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of current utility bill
V Letter explaining reason for delinquency and any supporting documentation (hardship letter)
V Listing agreement(if property is currently on the market)
Zucker,Goldberg&Ackerman, LLC
FCP-191109
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Deutsche Bank National Trust Company as
Trustee for Morgan Stanley ABS Capital I Inc. CIVIL DIVISION
Trust 2006-HE7 Mortgage Pass-Through
Certificates,Series 2006-HE7 NO.:
Plaintiff,
vs.
Suzanne M. McConnaughey A/K/A Suzanne
McConnaughey; Mark A. McConnaughey
A/K/A Mark McConnaughey;
Defendants.
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated February 28,2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program,the undersigned hereby certifies
as follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
I. Defendant lives in the subject real property, which is defendant's primary residence;
2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion
Program"and has taken all of the steps required in that Notice to be eligible to participate in
a court-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand
that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
Signature of Defendant's Counsel/Appointed
Legal Representative Date
Signature of Defendant
Date
Signature of Defendant
Date
Zucker,Goldberg&Ackerman, LLC
FCP-191109
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Deutsche Bank National Trust Company as CIVIL DIVISION
Trustee for Morgan Stanley ABS Capital I Inc.
Trust 2006-HE7 Mortgage Pass-Through NO.:
Certificates,Series 2006-HE7
Plaintiff,
VS.
Suzanne M. McConnaughey A/K/A Suzanne
McConnaughey; Mark A. McConnaughey
A/K/A Mark McConnaughey;
Defendants.
CASE MANAGEMENT ORDER
AND NOW, this day of ,20 ,the defendant/borrower in the above-
captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference
verifying that the defendant/borrower has complied with the Administrative Rule requirements for the
scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised conciliation
Conference on at M. in at the
Cumberland County Courthouse,Carlisle, Pennsylvania.
1. At least twenty-one (21)days prior to the date of the Conciliation Conference,the
defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet"
(Form 2)which has been completed by the defendant/borrower. Upon agreement of the parties
in writing or at the discretion of the Court,the Conciliation Conference ordered may be
rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be
made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve
the completed Form 2 within the time frame set forth herein or such other date as agreed upon
by the parties in writing or ordered by the Court,the case shall be removed from the
Conciliation Conference schedule and the temporary stay of proceedings shall be terminated.
2. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in
person and an authorized representative of the plaintiff/lender must either attend the
Conciliation Conference in person or be available by telephone during the course of the
Zucker,Goldberg&Ackerman, LLC
FCP-191109
Conciliation Conference.The representative of the plaintiff/lender who participates in the
Conciliation Conference must possess the actual authority to reach a mutually acceptable
resolution,and counsel for the plaintiff/lender must discuss resolution proposals with the
authorized representative in advance of the Conciliation Conference. If the duly authorized
representative of the plaintiff/lender is not available by telephone during the Conciliation
Conference,the Court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference.
3. At the Conciliation Conference,the parties and their counsel shall be prepared to discuss and
explore all available resolution options which shall include: bringing the mortgage current
through a reinstatement; paying off the mortgage; proposing a forbearance agreement or
repayment plan to bring the account current over time;agreeing to tender a monetary payment
and to vacate in the near future in exchange for not contesting the matter;offering the lender a
deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the
mortgage default over sixty months; and the institution of bankruptcy proceedings.
4. All proceedings in this matter are stayed pending the completion of the scheduled conciliation
conference.
BY THE COURT,
J
Zucker,Goldberg&Ackerman, LLC
FCP-191109
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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Deutsche Bank National Trust Company as CIVIL DIVISION
Trustee for Morgan Stanley ABS Capital I Inc.
Trust 2006-HE7 Mortgage Pass-Through NO.:
Certificates,Series 2006-HE7
Plaintiff,
vs.
Suzanne M. McConnaughey A/K/A Suzanne
McConnaughey; Mark A. McConnaughey
A/K/A Mark McConnaughey;
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following pages,
you must take action within twenty(20)days after this complaint and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice
for any money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND&LAWYER REFERRAL SERVICE
NOTICE TO DEFEND LAWYER REFERRAL
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 CIVIL DIVISION
Trustee for Morgan Stanley ABS Capital I Inc.
Trust 2006-HE7 Mortgage Pass-Through NO.:
Certificates,Series 2006-HE7
Plaintiff,
vs.
Suzanne M. McConnaughey A/K/A Suzanne
McConnaughey; Mark A. McConnaughey
A/K/A Mark McConnaughey;
Defendants.
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en
las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la
notificaci6n de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una
comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas
establecidas en su contra. Se le advierte de que si usted falla en tomar accion como se describe
anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de
dinero reclamada en la demanda 0 cua Iquier otra reclamaci6n o remedio solicitado por el
demandante, puede ser dictado en contra suva por la Corte. Usted puede perder dinero o
propiedades u otros derechos importantes para usted.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN
ABOGADO 0 NO PUEDE PAGAR LINO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR
DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
NOTICE TO DEFEND&LAWYER REFERRAL SERVICE
NOTICE TO DEFEND LAWYER REFERRAL
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 CIVIL DIVISION
Trustee for Morgan Stanley ABS Capital I Inc.
Trust 2006-HE7 Mortgage Pass-Through NO.:
Certificates,Series 2006-HE7
Plaintiff,
vs.
Suzanne M. McConnaughey A/K/A Suzanne
McConnaughey; Mark A. McConnaughey
A/K/A Mark McConnaughey;
Defendants.
CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Deutsche Bank National Trust Company as Trustee for Morgan Stanley ABS
Capital I Inc.Trust 2006-HE7 Mortgage Pass-Through Certificates,Series 2006-HE7, by its attorneys,
Zucker,Goldberg&Ackerman, LLC,and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Deutsche Bank National Trust Company as Trustee for Morgan Stanley
ABS Capital I Inc. Trust 2006-HE7 Mortgage Pass-Through Certificates, Series 2006-HE7, (hereinafter
"plaintiff") through its servicing agent SELECT PORTFOLIO SERVICING, INC. located at 3815 SOUTH
WEST TEMPLE, P.O. BOX 65250,SALT LAKE CITY, UT 84115-4412.
2. The Defendant, Suzanne M. McConnaughey A/K/A Suzanne McConnaughey, is an
individual whose last known address is 207 11th Street, New Cumberland, PA 17070.
3. The Defendant, Mark A. McConnaughey A/K/A Mark McConnaughey, is an individual
whose last known address is 20711th Street, New Cumberland, PA 17070.
4. Deutsche Bank National Trust Company as Trustee for Morgan Stanley ABS Capital I
Inc. Trust 2006-HE7 Mortgage Pass-Through Certificates, Series 2006-HE7, directly or through an
agent, has possession of the Promissory Note. Deutsche Bank National Trust Company as Trustee for
Morgan Stanley ABS Capital I Inc. Trust 2006-HE7 Mortgage Pass-Through Certificates, Series 2006-
HE7 is either the original payee of the Promissory Note or the Promissory Note has been duly
indorsed. A true and correct copy of said Promissory Note is marked Exhibit A, attached hereto and
made a part hereof.
Zucker,Goldberg&Ackerman, LLC
5. On or about June 9, 2006, Mark A. McConnaughey, a married man and Suzanne M.
McConnaughey made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as
nominee for Decision One Mortgage Company, LLC a Mortgage in the original principal amount of
$112,500.00-on the premises described in the legal description marked Exhibit B, attached hereto
and made a part hereof. Said mortgage being recorded in the Office of the Recorder of Deeds of
Cumberland County on June 15,2006, in Mortgage Book\Volume 1954, Page 4366.The mortgage is a
matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g),
which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those
documents are of public record.
6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded June 30,
2008, the mortgage was assigned to Deutsche Bank National Trust Company As Trustee for Morgan
Stanley ABS Capital I Inc.Trust 2006-HE7 Mortgage Pass Through Certificates, Series 2006-HE7 which
assignment is recorded in the Office of the Recorder of Deeds for Cumberland County, Instrument
#200822039. The Assignment is a matter of public record and is incorporated herein by reference in
accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach
documents to pleadings if those documents are of public record.
7. Mark McConnaughey and Suzanne McConnaughey, His Wife, are the record and real
owners of the aforesaid mortgaged premises.
8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due November 9,2007.
9. As of 10/11/2014 the amount due and owing Plaintiff by Defendant(s)is as follows:
Principal $111,442.45
Interest through 10/11/2014 $70,440.23
Escrow Advance $17,274.39
Total Fees $2,456.63
Recoverable Balance $9,864.38
Total $211,478.08
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law,
actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow
advances) and Plaintiff's attorneys'fees and expenses. Plaintiff reserves the right to file a motion in
Zucker,Goldberg&Ackerman, LLC
the above-captioned action to add such additional sums authorized under the Mortgage and
Pennsylvania Law to the above amount due and owing when incurred.
10. 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).
11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is
not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in
a separate legal action if such right exists. If Defendant(s) have received a discharge of personal
liability in a bankruptcy proceeding,this action is in no way an attempt to re-establish such liability.
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount
due of $211,478.08 with interest thereon plus additional costs (including additional escrow
advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged
premises.
ZUCKER,GOLDBER ERMAN,�LW
BY:
Dated ff Scott A. erick, E quire; PA I.D.#55650
Kimberly A. Bonner,Esquire; PA I.D.#89705
G 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---
Jana Fridfinnsdottir, Esquire; PA I.D.#315944
Brian Nicholas, Esquire; PA I.D.#317240
Denise Carlon, Esquire; PA I.D.#317226
Roger Fay, Esquire; PA I.D.#315987
Attorneys for Plaintiff
FCP-191109/efa
200 Sheffield Street,Suite 101
Mountainside, NJ 07092
(908)233-8500; (908)233-1390 FAX
Email: Office@zuckergoldberg.com
THIS IS AN ATTEMPT TO COLLECT A DEBT,AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
Zucker,Goldberg&Ackerman,LLC
EXHIBIT A
Zucker,Goldberg&Ackerman, LLC
Loan Num1
*' ADJUSTABLE RATE NOTE
adBOR Index-Rate Caps)
• THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY
MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT
ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
JUNE 9 ,2006 NEW CUMBERLAND PENNSYLVANIA
lu+ul [city) is--]
207 ELEVENTH STREET NEW CUMBERLAND PENN VANIA 17070
[rnoperry Add
—
1.BORROWER'S PROMISE TO PAY
In return for a loan that I have received.I promise to pay U. 51121500.00(this amount is called"Principal"),
plus interest, to the order of the Lender. The Lender is Decision One Mortgage Company,LLC.I will make all
payments under this Nae in the form of cash,check or money order.
I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and
who is entitled to receive payments under this Note is called the"Note Holder."
2.INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid.I will pay interest at a
yearly rate of 8.92%.The interest rate I will pay may change in accordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after
any default described in Section 7(13)of this Note.
3.PAYMENTS .
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payments on the 9TH day of each month beginning on JULY 9,2006.I will make these .
payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to
interest before Principal.If,on JUNE 9,2036,I still owe amounts under this Note,I will pay those amounts iC full on
that date,which is called the "Maturity Dace."
I will make my monthly payments at 6060 J.A.Jona Drive,Suite 1000,Charlotte,North Carolina 28287 or at a
different place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S.$898.74.This amount may change. i
(C) Monthly Payment Change '
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate
that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly
payment in accordance with Section 4 of this Note.
4.INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the 9TH day of JUNE,2008 and on that day every sixth month
thereafter.Each.date on which my interest rate could change is called a"Change Date."
(B) The Index
Beginning with the first Change Date,my interest rate will be based on an Index.The"Index"is the average of
interbank offered rates for six-month U.S. dollar-denorainated deposits in the London market ("LIBOR"), as
published in The Wall Street Journal.The most recent Index figure available as of the first business day of the month
immediately preceding the month in which the Change Date occurs is called the"Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information.The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding SEVEN AND
921100TH5 percentage points (7.92%) to the Current Index. The Note Holder will then round the result of this
addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D)
below,this rounded amount will be my new interest tate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in
substantially equal payments.The result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Change
The interest rate I am required to pay at the first Change Date will not be greater than 11.92%or less than 8.92%.
Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one
percentage point(I%)from the rate of interest I have been paying for the preceding six months.My interest rate will
never be greater than 14.92%or less than 8.92%.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date.I win pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment
changes again.
MULJ L ATE ADmsrAR-8 Ta Tt01L n mOaa tnd-),Sugle P�mty--FleEdie Mac MODn+IBD niSr'RU1.II3tr F",m 3590 I/dl (pees I oj3 pnev)
111111um1Pull 11111IS119oil 111111111111111111 ilmunillnunililn111[MPH fill 11111111111111111111111111111111111111vic ,'
(F) Notice of Changes
• 1he Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my
monthly payment before the effective date of any change.The notice will include information required by law to be
given to me and also the title and telephone number of a person who will answer any question I may have regarding
the notice.
i S.BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due.A payment of Principal only is
known as a "Prepayment." When I make a Prepayment,I will tell the Note Holder in writing that I am doing so.I
may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Nom.
I may make a full Prepayment or partial Prepayments without paying any Prepayment charge.The Nom Holder
will use my Prepayments to reduce the amount of Principal that I owe under this Note.However,the Note Holder
may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my
Prepayment to reduce the Principal amount of the Nom. If I make a partial Prepayment,them will be no changes in
the due dates of my monthly payments unless the Note Holder agrees in writing to those changes.My partial
Prepayment may =do= the amount of my monthly payments after the first Change Dam following my partial
Prepayment.However,any[eduction due to my partial Prepayment may be offset by an interest rate increase.
6.LOAN CFIARGES
If a law, which applies to this loan and which sets maximum loan charges,is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) arty such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from me which exceeded permitted limits will be refunded to me.The Note
Holder may choose to male this refund by reducing the Principal I owe under this Note or by making a direct
payment to me.If a refund reduces Principal,the reduction will be treated as a partial Prepayment. i
7.BORROWER'S FAILURE TO PAY AS REQUIRED '
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of FHFTEEN calendar days
after the date it is due, I will pay a lam charge to the Note Holder.The amount of the charge will be 5.0%of my
overdue payment of principal and interest.1 will pay this late charge promptly but only once on each late payment.
03) Default
If I do not pay the full amount of each monthly payment on the date it is due.I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date,the Note Holder may require me to pay immediately the full amount of Principal which has
rot been paid and all the interest that I owe on that amount.That date must be at least 30 days after the date on which
the notice is mailed to me or delivered by other means.
(D)No Waiver by Note Holder
Even if, at a time I am in default,the Note Holder does not require me to pay immediately in full as described
above,the Note Holder will still have the right to do so if I am in default at a later time.
(E)Payment of Notc Holder's Costs and Expenses
If the Note Holder has required me to pay in full as described above,the Note Holder will have the right to be
paid back by me for all of its costa and expenses in enforcing this Note to the extern not probibited by applicable law.
Those expenses include,for example,reasonable attorneys'fees.
g.GIVING OF NOTICES
Unless applicable law requires a different method,any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address
if I give the Note Holder a notice of my different address.
Arty notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by
first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a
notice of that different address.
9.OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed.Airy person who is a guarantor,surety or
endorser of this Note is also obligated to do these things.Any person who takes over these obligations,including the
obligations of a guarantor, surety or endorser of this Note,is also obligated to keep all of the promises made in this
Note. The Nom Holder may enforce its rights under this Note against each person'individually or against all of us
together.This means that my one of us may be required to pay all of the amounts owed under this Now.
10.WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. "Presentment" means the right to require the Now Holder to demand payment of amounts dux."Notice of
Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
11.UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions.In addition to the protections given
to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the'Security Instrument"),dated
the same date as this Note, promets the Note Holder from possible losses which might result if I do not keep the
promises that I malae in this Note. That Security Instrument describes how and under what conditions I may be
required to make immediate payment in frill of all amounts I owe under this Note.Some of those conditions are
described as follows:
1Hm.7rSTa]SADrnSTAD[E MTItnpIE(NBOa tnaaq-3Mtb IbM7`3�ero Mae MoaTFme INSl1n1AffiPf Foe=aS9D fADt (oq6"]i/JP^aW
111111 MIME 111111111[111111110 III IIII
TSunsfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
' Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in
Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate
payment in hill of all sums secured by this Security Instrument.However,this anion shall not be exercised by
Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if.(a)
Borrower muses to be submitted to Lender information required by Lender to evaluate the intended transferee
as if a new loan were being made to the transferee;and(b)Lender reasonably determines that Lender's
security will not be impaired by the loan assumption and that the risk of a breach of any covenant or
agreement in this Security Instrument is acceptable to Lender.
To the extent permitted by Applicable Law,Lender may charge a reasonable fee as a condition to Lender's
consent to the loan assumption.Lender may also require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the
Nate and in this Security Instrument.Borrower will continue to be obligated under the Note and this Security
Instrument unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full,Lender shall give Borrower notice of
acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument.If
Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S)AND SEALS)OF THE UNDERSIG
NED.
.R- .tVl"(�l9-Kti--.e....t c�1/.-�lr�� (Seal)
MARK A.MCCONNAUGHEY
-
(Seal)
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_(Seal)
1318-01W-at 0-01
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PAY TO THE ORDER OF
WITHOUT RECO .
DECISION O M G CO Y,LLC
BY:
�1 Molars n
Asst Secretary
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EXHIBIT B
Zucker,Goldberg&Ackerman,LLC
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I 0710712014 70:36:35 AIVI
CUMBERLAND COUNTY
InstA200822039•papa 3 of 4
VERIFICATION
I, Jon K&honeif Document Control Officer
(title),depose and
say subject to the penalties of 18 Pa.C.S.A.,sec.4904 relating to unsworn falsification to authorities that
the facts set forth in the foregoing pleading are true and correct to the best of my information,
knowledge and belief.
Select Portfolio Servicing, Inc. as Attornev in Far.t
By: Deutsche Bank National Trust
Company as Trustee for Morgan
Stanley ABS Capital I Inc.Trust 2006-
HE7 Mortgage Pass-Through
Certificates,Series 2006-HE7
Name:
Tit4ah n Document Control Officer
File No: 191109
Borrower Name: Suzanne M. McConnaughey A/K/A Suzanne McConnaughey
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson } ,;
SheriffJJ ii
i ! i E`i~
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OFH iCE,CETHE SHERIFF
Nlfi DEC 22
CUMBERLAND COUNTY
PENNSYLVANIA
Deutsche Bank National Trust Company as Trustee
vs.
Suzanne M McConnaughey (et al.)
Case Number
2014-6410
SHERIFF'S RETURN OF SERVICE
11/07/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Suzanne M McConnaughey, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 207
11th Street, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant.
11/07/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Mark McConnaughey, but was unable to locate the Defendant in
his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage
Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 207 11th
Street, New Cumberland Borough, New Cumberland, PA 17070. The residence is vacant and deupties
were advised by the defendant's ex-wfe that the defendant now resides in North Carolina, she was
unsure of his address.
11/13/2014 06:45 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Suzanne M McConnaughey, but was unable to locate
the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 506
Market Street, Lemoyne Borough, Lemoyne, PA 17043. Deputies were advised by current resident
Michael Zlogar that the defendant no longer resides at this address.
12/04/2014 05:41 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Notice
of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
handing a true copy to a person representing themselves to be Michael McConnaughey, Son, who
accepted as "Adult Person in Charge" for Suzanne M McConnaughey at 2101 Apt 304 Cedar Run Dr,
Camp Hill, Camp Hill, PA 17011.
CHRIS
HER SHARPE, DEPUTY
SHERIFF COST: $108.89 SO ANSWERS,
December 17, 2014 RNY R ANDERSON, SHERIFF
(cj CountySuite Sheriff, Teleosoft, Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Deutsche Bank National Trust Company as
Trustee for Morgan Stanley ABS Capital I Inc.
Trust 2006-HE7 Mortgage Pass -Through
Certificates, Series 2006-HE7
Plaintiff,
vs.
Suzanne M. McConnaughey A/K/A Suzanne
McConnaughey; Mark A. McConnaughey
A/K/A Mark McConnaughey;
Defendants.
CIVIL DIVISION
NO.: 14 -6410 -CIVIL
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please mark the Complaint in Mortgage Foreclosure filed at the above -captioned term and
number reinstated.
Bv:
enclosures
ZUCKER, G
LDBERG &
MAN, LLC
Scott A. Diet rick, Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA I.D. #89705
Jaime R. Ackerman, Esquire; PA I.D. #311032
Jana Fridfinnsdottir, Esquire; PA I.D. #315944
Attorneys for Plaintiff
FCP-191109/rq
P.O. Box 1417
Mechanicsburg, PA 17055
(908) 588-9938; (908) 379-2265 FAX
000A 5\CISpa a
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