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Home My WebLink About05-5439PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF RAST 2004-A5 465 NORTH HALSTEAD ST PASADENA, CA 91107 Plaintiff V. THERESA TOOMBS SHANE TOOMBS 658 SHANNON ROAD BOILING SPRINGS, PA 17007 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C) S - S? (,3 Q OiU C`T CUMBERLAND COUNTY 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 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 124367 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. File #: 124367 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITT PAST 2004-A5 465 NORTH HALSTEAD ST PASADENA, CA 91107 2. The name(s) and last known address(es) of the Defendant(s) are: THERESA TOOMBS SHANE TOOMBS 658 SHANNON ROAD BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/20/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to INDYMAC BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. Book: 1813, Page: 977. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2005 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 #: 124367 6. The following amounts are due on the mortgage: Principal Balance $292,341.08 Interest 6,308.85 06/01/2005 through 10/15/2005 (Per Diem $46.05) Attorney's Fees 1,250.00 Cumulative Late Charges 259.53 05/20/2003 to 10/15/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 300,709.46 Escrow Credit 0.00 Deficit 4,261.25 Subtotal $ 4,261.25 TOTAL $ 304,970.71 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney'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) 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. 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 $ 304,970.7 1, together with interest from 10/15/2005 at the rate of $46.05 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 / By: /s/2cis all inan 7 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 124367 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Monroe Township, Cumberland County, Pennsylvania, and being Lot No. 322, as shown on the Final Plan of Lots of Section 'K', of White Rock Acres, dated September 8, 1977, recorded May 8, 1978, in Cumberland County Plan Book 32, Page 108, and more particularly bounded and described as follows: BEGINNING at a point on the western line of Shannon Road (50 feet wide), at the dividing line between Lots Nos. 321 and 322, as shown on said Plan; thence by the western line of Shannon Road, South 10 degrees 44 minutes 59 seconds East, 150 feet to a point in the dividing line between Lots Nos. 322 and 323, as shown on said Plan; thence by said dividing line, South 79 degrees 46 minutes 34 seconds West, 304.37 feet to a point in the centerline of a 30 foot wide drainage easement; thence by the dividing line between Lot No. 322 of Section 'K', and Lots Nos. 328 and 329 of Section 'H', of White Rock Acres, and in the center of said 30 foot wide drainage easement, North 11 degrees 30 minutes 00 seconds West, 150 feet to a point; thence by the center line of a 30 foot wide drainage easement and in the dividing line between Lots Nos. 321 and 322, as shown on said Plan, North 79 degrees 46 minutes 13 seconds East, 306.33 feet to the place of BEGINNING. CONTAINING 1.05 acre. UNDER AND SUBJECT to one-half of a 30 foot wide drainage easement located along the northern and western lines of said lot. UNDER AND SUBJECT to the revised building lines, covenants, restrictions and reservations as recorded in Miscellaneous Docket 211, Page 232, and the utility and other easements as shown in said Plan Book 32, Page 108. EXCEPTING AND RESERVING all minerals, clays and sand beneath the surface of the ground. This provision shall not be construed to give the Grantor AS SET FORTH IN Deed Book M-30 page 151, or its successors or assigns, the right to mine or remove any minerals, clays or sand from the lot herein conveyed. BEING THE SAME PREMISES which Penn Products Corporation, a Pennsylvania Corporation, by Deed dated March 31, 1981 and recorded December 2, 1983 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book M, Volume 30, Page 151, granted and conveyed unto William C. Stranko and Yvonne A. Stranko, his wife, Grantors herein. PREMISES BEING: 658 SHANNON ROAD File #: 124367 VERIFICATION FRANCIS 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 of the 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 unworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: I O I I LA ? o(?: ro ? - l v SHERIFF'S RETURN - REGULAR CASE NO: 2005-05439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS TOOMBS THERESA ET AL DOUGLAS RUZANSKI Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TOOMBS S the DEFENDANT , at 2011:00 HOURS, on the 7th day of November , 2005 at 658 SHANNON ROAD LING SPRINGS, PA 17007 by handing to THERESA TOOMBS, W a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /0' day of pvtmn A. D. Pro of ry So Answers: R. Thomas Kline 11/09/20 PHELAN H. By: SHERIFF'S RETURN - REGULAR CASE NO: 2005-05439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL VS TOOMBS THERESA ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THERESA the DEFENDANT , at 2011:00 HOURS, on the 7th day of November , 2005 at 658 SHANNON ROAD BOILING SPRINGS, PA 17007 by handing to THERESA TOOMBS a true and attested copy of COMPLAINT - MORT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18 .00 Service 10 .56 Affidavit .00 Surcharge 10 .00 .00 38 .56 So Answers: R. Thomas Kline 11/09/2005 PHELAN H Sworn and Subscribed to before By: me this (f f? day of N?VeIn aoos A. D . rotho ry PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE,... Plaintiff vs THERESA TOOMBS SHANE TOOMBS Defendant : I Court of Common Pleas : I Civil Division : I CUMBERLANDCounty : I No. 05-5439-CIVIL TERM PHS# 124367 TO THE PROTHONOTARY: PRAECIPE Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: October 15, 2008 Francis Hallinan Attorney for Plaintiff r C r' act 4 r++ PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF BAST 2004-A5 Plaintiff vs THERESA TOOMBS SHANE TOOMBS Defendant TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF . Court of Common Pleas Civil Division CUMBERLAND County No. 05-5439-CIVIL TERM PHS# 124367 PRAECIPE X Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Date: November 4, 2008 Francis S. Hallinan Attorney for Plaintiff ? ° p si r+ )