The URL can be used to link to this page

Home My WebLink About09-0199~ ~'1 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 192413 HSBC BANK, USA, NATIONAL ASSOCIATION ,AS INDENTURE TRUSTEE FOR FBR SECURITIZATION TRUST 2005-1 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff v. DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC 111 MILKY WAY SHIPPENSBURG, PA 17257-8241 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ~~ V- I NO. ~ ~J- J~C) CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 192413 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 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 (717) 249-3166 File #: 192413 1. Plaintiff is HSBC BANK, USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR FBR SECURITIZATION TRUST 2005-1 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC 111 MILKY WAY SHIPPENSBURG, PA 17257-8241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/24/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR HOME FUNDS DIRECT which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1902, Page 102. 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 aze 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 #: 192413 6. The following amounts aze due on the mortgage: Principal Balance $203 940 75 Interest 07/01/2008 through 01/12/2009 , . $8,749.44 (Per Diem $44.64) Attorney's Fees $1 250 00 Cumulative Late Charges , . $325 88 03/24/2005 to 01/12/2009 . Cost of Suit and Title Search 750.00 Subtotal $215,016.07 Escrow Credit Deficit $0.00 Subtotal $0.00 TOTAL 0.00 $215,016.07 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 aze in conformity with the mortgage and Pennsylvania law. Plaintiffreserves 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 Sheriffs 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 ud - j gment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a sepazate Action to establish that right, if such right exists. If Defendant(s) has/have received a dischazge 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 #: 192413 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 $215,016.07, together with interest from 01/12/2009 at the rate of $44.64 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 n 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 Cluisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 192413 LEGAL DESCRIPTION All that certain tract of real estate situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at an iron pin to be set at the Northwestern comer of Lot 17; thence along the common line of Lots 16 and 17 North 51 deg 13 minutes 13 seconds East, 140.00 feet to an iron pin to be set at the Northeastern comer of Lot 17; thence along the Easterly side of Lot 17, South 38 deg 46 minutes 47 seconds East, 248.00 feet to an iron pin to be set at the Southeastern corner of Lot 17; thence along the common line of Lots 17 and 18 South 51 deg 13 minutes 13 seconds West, 140.00 feet to an iron pin to be set at the Southwestern corner of lot 17; thence along Milky Way North 38 deg 46 minutes 47 seconds West, 934.22 feet to an iron pin to be set being the point and place of beginning. Containing 34,720 square feet and being Lot 17 pursuant to the Hampton Hills, Phase I Final Subdivision Plan, dated February 2, 1996 and revised March 1, 1999, prepared by Martin and Martin, Inc., recorded on October 5, 2001 in the Office of the Register and Recorder of Deeds of Cumberland County, Pennsylvania at Volume 84, Page 14. APN 39-14-0169-116 WITH THE APPURTENANCES THERETO. APN: 39-14-0169-116 PREMISES: 111 MILKY WAY File #: 192413 VERIFICATION I hereby state that I am the attorney for Plaintiff in ties 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 PaRC.P. 1024 (c), and that the statements made in the fore ' going 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 unswora falsifications to authorities. Attorney for Plaintiff DATE: ~ ~ Z" ~ . ~~ ~ n x' v ° ~ ~ ~ ~ fi ~~, , , ~ ~ ~`=' _ ~ u C ~ c ' -, c ~ -~ c ~ r~. ~ ~ Try ~-,~ ,~ _. ~ ~ ~ ~ ~: