The URL can be used to link to this page

Home My WebLink About09-0198''/ s 4 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 192908 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR GSAMP 2006-FM1 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff v. TANYA M. HITZ STEVEN M. HITZ 242 LOWTHER STREET LEMOYNE, PA 17043-2013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM (~~ U~ ~ NO. 6~- 1~1~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 192908 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 maybe 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 MAYBE 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 (717) 249-3166 File #: 192908 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR GSAMP 2006-FM1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TANYA M. HITZ STEVEN M. HITZ 242 LOWTHER STREET LEMOYNE, PA 17043-2013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/18/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FREMONT INVESTMENT & LOAN. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1938, Page 0108. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 08/01/2008 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 #: 192908 6 The following amounts are due on the mortgage: Principal Balance $54,327.94 Interest $3,006.22 07/01/2008 through 01/13/2009 (Per Diem $15.26) Attorney's Fees $1,250.00 Cumulative Late Charges $187.96 01/18/2006 to 01/13/2009 Property Inspections $90.00 Cost of Suit and Title Search 750.00 Subtotal $59,612.12 Escrow Credit $0.00 Deficit $820.25 Subtotal 820.25 TOTAL $60,432.37 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above maybe less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 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. File #: 192908 9. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $60,432.37, together with interest from 01/13/2009 at the rate of $15.26 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 ~ ~- X9.1" By: Lawrence T. Phelan, Esquire ~ancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 192908 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Lemoyne Borough, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stake on the southern line of Lowther Street, said stake being 355.1 feet east of a concrete monument being also 375.6 feet east of another concrete monument at the southeastern intersection of Lowther and Rossmoyne Streets; thence in a southerly direction along the line of lands, now or formerly, of the estate of James McCormick, deceased, 195.5 feet to a stake; thence in a westerly direction along the line of said lands, now or formerly of the estate of James McCormick, deceased, 33 feet 4 inches more or less, to a point on the line running through the center of the partition wall of the double frame bungalow erected in part upon the lot herein conveyed and in part upon the lot adjoining on the west, thence in a northerly direction along the said line through the center of the said partition wa11200 feet, more or less, to a point on the southern line of Lowther Street, thence along said southern line of Lowther Street in an easterly direction 33 feet 4 inches, more or less, to a point or stake, the place of BEGINNING. HAVING THEREON ERECTED the eastern one-half of a double frame bungalow, known as No. 242 Lowther Street, Lemoyne PA. BEING the eastern portion of Lot No. 61 on Plan of Lots known as 'Lowther Walton,' said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No. 1, Page 104. PARCEL#: 12-22-0822-249 File #: 192908 f w VERIFICATION I hereby state that I am the 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 I am authorized to make this verification pursuant to Pa.ILC.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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. 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. Attorney for Plaintiff DATE: ~ ~ 3 ~ t~' ~ ~ ~ ~° ~ .. ~ :~~~. P«, i„ ~~ ~ ~ ^' (~ 1 -' '.. ~ ~ ` p `=, ~ ~ a -rt `~" ~ ~~ `:.a(__ ~~ ~ ~a rx3 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff DEUTSCHE BANK NATIONAL TRUST Court of Common Pleas . COMPANY, AS TRUSTEE FOR GSAMP ~ ~ tp - 2006-FM1 Civil Division ~' ~~ ~ g Plaintiff - ~ 1 CUMBERLAND County - . N ~:. vs ~ ~ ~ ,~ No. CIVIL 09-198 ~ : ~ TANYA M. HITZ ~_~ cry ~'~ STEVEN M. RITZ ~-='~ Defendant TO THE PROTHONOTARY: PRAECIPE Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. Date: July 26, 2010 PHELAN HAL INAN & SCHMIEG, LLP By: Lawrence T. Phela ,Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 J y B. Jones, Esq., Id. No. 86657 ~eter J. Mulcahy, Esq., Id. No. 6179 ] Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# ]92908 Attorneys for Plaintiff ~8.0o P~ A~ c~~e tc~o9 ~,~ a~~59 ._~ --, --± ;~=. ';: