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Home My WebLink About09-30350 . Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ,-16ancis 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 Jenne 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 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 204732 HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE MORTGAGE-BACKED NOTES, SERIES 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 040 NO. Q q- 3G3- 5-CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 204732 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 (717) 249-3166 File #: 204732 1. Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE MORTGAGE-BACKED NOTES, SERIES 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 I I I 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 are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 204732 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $203,940.75 Interest $13,034.88 07/01/2008 through 05/11/2009 Attorney's Fees $1,300.00 Cumulative Late Charges $488.82 03/24/2005 to 05/11/2009 Property Inspections $70.00 Appraisal/Brokers Price Opinion $500.00 Cost of Suit and Title Search 750.00 Subtotal $220,084.45 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $220,084.45 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be 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 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 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 File #: 204732 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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 $220,084.45, together with interest from 05/11/2009 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 By Lawrence T. Phelan, Esquire ,,.415ncis 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 Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 204732 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 corner 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 corner 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 ADDRESS: 111 MILKY WAY File #: 204732 VERIFICATION I hereby state that I am the attorney for the 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.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 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. --1 /- 2 DATE: Attorney for Plaintiff File #: 204732 61 OF THE ()7- ")P 10TARY 2009 Y 13 13? ty 3 CUNT - _ . + n ?c1 ?7? Sd ,?2e-lEa7? So s ? Sheriffs Office of Cumberland County R Thomas Kline $???tl at Caorbe Edward L Schorpp Sheri # Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFPCE OF rh.E SHERIFF y ( Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/2212009 05:35 P -teve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 2009 at 173S5 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within n med defendant, to wit: Derek A. Getic, by making known unto Kristen Getic, wife of defendant at 111 Mil y Way Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. 05/22/2009 05:35 P - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 2009 at 735 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within n med defendant, to wit: Kristen M.A. Getic, by making known unto herself personally, defendant at 111 Mii Way Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: May 26, 2009 SO ANSWERS R THOMAS KLINE, SHERIFF Oeiput'f Sheriff- 2009-3035 HSBC Bank Derek Getic n - r; , saw Z - rl rU r in _ co _ - SIT) _; 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 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1 VS. DEREK A. GETIC KRISTEN M.A. GETIC Plaintiff Defendant(s) Attorney for Plaintiff Court of Common Pleas CUMBERLAND County No. CIVIL 09-3035 PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without p udice, and mark this case discontinued and ended, upon payment of your costs only. tU D Date Lawrence T-PhelAi, Esquire Francis 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 Joshua I. Goldman, Esquire 204732 Attorneys for Plaintiff RLED-01TICE OF T PROT, a? . TAM 2009 JUN -8 PM 2: 4 0 CUMBEIFID,l D ?,_;(JuNgy PENNSYLVANLA