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Home My WebLink About09-7962Phelan 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 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 217030 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. KELLY A. GITT 1604 HOLLY PIKE CARLISLE, PA 17015-7512 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM - 0, *L CUMBERLAND COUNTY File #: 217030 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 #: 217030 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: KELLY A. GTTT 1604 HOLLY PIKE CARLISLE, PA 17015-7512 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/18/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR GMAC BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1938, Page 2292. By Assignment of Mortgage recorded 10/28/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200936601. 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 06/01/2009 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 #: 217030 6. The following amounts are due on the mortgage: Principal Balance $143,082.03 Interest $5,208.90 05/01/2009 through 11/10/2009 (Per Diem $26.85) Attorney's Fees $1,300.00 Cumulative Late Charges $195.24 11/18/2005 to 11/10/2009 Property Inspections $35.50 Cost of Suit and Title Search $550_08 Subtotal $150,371.67 Escrow Credit $0.00 Deficit $222.79 Subtotal 222.79 TOTAL $150,594.46 7. 8. 9 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 nat 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. 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 File #: 217030 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. 10. Plaintifff hereby releases TED A. GITT from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rim Judgment against the Defendant(s) in the sum of $150,594.46, together with interest from 11/10/2009 at the rate of $26.85 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. By: El ??a4nc en tHalj? l ,Esq., Id. No. 32227 El Daniel G. Schmie Es Id. No. 62205 g, q ? Michele M. Bradford, Esq., Id. No. 69849 El Judith T. Romano, Esq., Id. No. 58745 El Sheetal R. Shah-Jani, Esq., Id. No. 81760 El Jenine R. Davey, Esq., Id. No. 87077 El Lauren R. Tabas, Esq., Id. No. 93337 F1 Vivek Srivastava, Esq., Id. No. 202331 El Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 F-1 Andrew L. Spivack, Esq., Id. No. 84439 El Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Q Joshua I. Goldman, Esq., Id. No. 205047 El Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff PHELAN H & HMIEG, LLP ? is,Esq. , Id. No. 62695 File #: 217030 LEGAL DESCRIPTION All that certain tract of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Tom O. Bietsch, Registered Surveyor, dated March, 1962, as follows: Beginning at an iron pin on the Western side of Pennsylvania State Highway Route No. 34; thence by land now or formerly of Charles Dowd, North 88 degrees 5 minutes West 127.5 feet to an iron pin; thence by land now or formerly of Perkins, North 9 degrees 15 minutes West 202.3 feet to an iron pin; thence by land now or formerly of George Keller, South 88 degrees East 189.2 feet to a point on the Western side of Pennsylvania State Highway Route No. 34 aforesaid; thence by the Western side of said Highway, South 8 degrees 40 minutes West 200 feet to the place of Beginning. Containing .7 acre, more or less. Being improved with a brick dwelling house with appurtenant shed known as 1604 Holly Pike, Carlisle, PA 17013. PARCEL NO. 40-10-0632-019 Being the same premises which Samuel S. Rhoads and Vicki D. Rhoads, husband and wife, by Indenture dated 04-20-90 and recorded 04-20-90 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 34-N page 187, granted and conveyed unto Ted A. Gitt and Kelly A. Gitt, husband and wife, as tenants by the entireties. PROPERTY BEING; 1604 HOLLY PIKE File #: 217030 The undersigned attorney hereby states 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. DATE: I ( 13 Im Att ey f Plaintiff File #: 217030 05; FILE L lc',. ` 78. so -R:L Al? e ? 8?a ??,*?- .2.33(.ca3 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County KELLY A. GITT . Defendant No. 09-7962 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: Tuly 26, 2010 H AN HALLINAN CHMIEG, LLP~~ ^a f BY: - -:: Law e ce .Phelan, sq., I No. 32227<'~=- '_ Fra ci S. Hallinan, Esq., I . No. 62695 ;- =- , ~~ Dan I .Schmieg, Esq., Id. No. 62205 -as -~-~ Mich M. Bradford, Esq., Id. No. 69849 :_;- ~ °~ Judith T. Romano, Esq., Id. No. 58745 `--' ~'~~ Sheetal R. Shah-Jani, Esq., Id. No. 817 ~ ;- 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 217030 Attorneys for Plaintiff -; -~ __-