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HomeMy WebLinkAbout12-3675 12 ?i "` ? DE1 L1AIhD COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Joseph P. Schalk, Esq., Id. No. 91656 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 21.5-563-7000 ATTORNEY FOR PLAINTIFF 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 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. j-;-S47-5 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 204732 O Gr"N t kb3.75 Pd 4 Cr,# I19?Cooa V? Q_7 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 204732 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 The names and last known address of the Defendants are: DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC 111 MILKY WAY SHIPPENSBURG, PA 17257-8241 who are the mortgagors and real owners of the property hereinafter described. On 03/24/2005 DEREK A. GETIC and KRISTEN M.A. GETIC made, executed and delivered an adjustable-rate 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 Deeds for CUMBERLAND County, in Mortgage Book No. 1902, Page 102. By Assignment of Mortgage recorded 06/01/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded at Assignment of Mortgage Instrument No. 200918031. 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. 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 #: 204732 6 The following amounts are due on the mortgage as of 11/30/2011: Principal Balance $203,940.75 Interest $55,674.31 07/01/2008 through 11/30/2011 Late Charges $488.82 Property Inspections $150.00 Property Preservation $3,615.00 Appraisal/Brokers Price Opinion $500.00 Escrow Deficit $10,314.86 TOTAL $274,683.74 7 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendants in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants 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 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants on the dates set forth thereon. File #: 204732 WHEREFORE, Plaintiff demands an in rem judgment against the Defendants in the sum of $274,683.74, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. File #: 204732 PHELAN HALLINAN & SCHMIEG, LLP 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. SUBJECT to all rights-of-way, restrictions, easements, conditions, and set back lines of record, including but not limited to those stated in the aforementioned subdivision plan. Property Known as: 111 Milky Way, Shippensburg, PA 17257. Tax ID #: 39-14-0169-116 PROPERTY ADDRESS: 111 MILKY WAY, SHIPPENSBURG, PA 17257-8241 PARCEL # 39-14-0169-116 File #: 204732 VERIFICATION r& i L O-Dave ?1201 t hereby states that he/she is y ? 4 ?? P S i (? e n of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, servicing agent for Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief. I understand that this statement is made subject to the penalties of 18 Yal C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: A"C A 5 2-0 l2 e. Brian Davenport Title. Vic 6 President JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File #: 204732 Name: GETIC File #: 204732 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVANIA HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1 vs. GETIC, DEREK A. GETIC, KRISTEN M.A. NOTICE OF RESIDENTIAL MORTGAGE DIVERSION PROGRAM t .a ale ?S 1 n CD _ CZ) FORECL U K?='? You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date P.Vchalk, Esq., Id. No. 91656 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket #. BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No E] Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date you Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthlv Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Carefruit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No F-1 If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. We understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) PHELAN HALLINAN &SCHMIEG, PvjjpRo vb tQTO.?. AM John M. Kolesnik, Esq., Id. No. 30887'; 1617 JFK Boulevard, Suite 14001 AUG "3 One Penn Center Plaza ' Philadelphia, PA 19103 c?UMERt?AND ?? 215-563-7000?Y HSBC BANK USA, NATIONAL COURT OF COMMON PLEAS ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST CIVIL DIVISION 2005-1, CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1 CUMBERLAND COUNTY Plaintiff VS. DEREK A. GETIC No. 12-3675-CIVIL KRISTEN M.A. GETIC A/K/A KRISTEN GETIC Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the captioned matter. & SCHMIEG, LLP By: Kolesnik, Esq., Id. No. 308877 for Plaintiff Date: August 1, 2012 jhk/kpl, Svc Dept. File# 204732 6?) awA 411.761 CT-4 I al ?b SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~`ti,,,, crl ~~~~nbrr{7,~b . ~; e,,r~ 4 ~ ~4 ~~:.,.:~ i ;; ?~4~ ~~~ ~ ~J ~~ ~~ ~~ ?~~;~f=SY€_Vw;~i HSBC Bank USA, N.A. vs. Derek A. Getic (et al.) Case Number 2012-3675 SHERIFF'S RETURN OF SERVICE 06/13/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent sea c and inquiry for the within named defendant to wit: Kristen M.A. Getic, but was unable to locate her in h s bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Kristen M.A. Getic. Request for service at 302 Franklin Way, Shippensburg, Pennsylvania 17257 is located in Franklin County. 06/26/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent sea c and inquiry for the within named defendant to wit: Derek A. Getic, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Derek A. Getic. Request for service at 26 E. Main Street, Walnut Bottom, Pennsylvania 172 f the Defendant was not found. Deputies were advised by current resident of five years, Derek A. Getic does not reside at this address. 06/29/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent se and inquiry for the within named defendant to wit: Derek A. Getic, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Derek A. Getic. Request for service at 111 Milky Way, Shippensburg, Pennsylvania 17257 vacant. To date The Shippensburg Postmaster has been unable to provide a good forwarding addres for the Defendant. 06/29/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent se and inquiry for the within named defendant to wit: Kristen M.A. Getic, but was unable to locate her in bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Kristen M.A. Getic. Request for service at 111 Milky Way, Shippensburg, Pennsylvania 17 is vacant. To date The Shippensburg Postmaster has been unable to provide a good fowarding add for the Defendant. SHERIFF COST: $150.00 SO ANSWERS, August 03, 2012 R ANDERSON, SHERIFF ic) ou:^iyS.irte SI?erl r', ~I~rl~;ccott. In^. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~ ti. :, a ~._.;a,~i;r~rr,,.~l ~;~>U-UF t=11~i~ ~E THE ~'R~THi3~d~T,~R~t 2ti120~3 2~ AM 9~ 45 CUMBERLAHG CQUNTY PENNSYLVANIA HSBC Bank USA, N.A. Case Number vs. Derek A. Getic {et ai.) 2012-3675 SHERIFF'S RETURN OF SERVICE: 08/08/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Derek A. Getic, but ways unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program according to law. 08/08/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Kristen M.A. Getic, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program according to law. 08/22/2012 09:15 AM -Franklin County Return: And now August 22, 2012 at 0915 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return that I served ~a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Derek A. Getic b~/ making known unto himself personally, at The Franklin County Sheriffs Office, 157 Lincoln Way East, Chambersburg, Pennsylvania 17201 its contents and at the same time handing to him personally thie said true andl correct copy of the same. 08/31/2012 02:49 PM -Franklin County Return: And now August 31, 2012 at 1449 hours 1, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return that I served a true copy of thE~ within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Kristen M.A. Getic by making known unto herself personally, at The Franklin County Sheriff's Office, 157 Lincoln Way East, Chambersburg, Pennsylvania 17201 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 October 09, 20 ~ 2 SO A~N:iWERS, ~Z RONNY R ANDERSON. SHERIFF SHERIFF'S RETURN - REGULAR CASE NO: 2012-00214 T COMMONWEALTH OF PEINNSYLVANIA: COUNTY OF FRANKLIN HSBC BANK USA NA VS DEREK A AND KRISTF;N MP., GETIC ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvar..ia, who being duly sworn according to law,. says,. the within C"OMP MORT FORE GETIC DEREK A was served upon. the DEFENDANT _ _ at 0915:00 Hour, on the 22nd day of August:_____, 2012 at FRANKLIN COUNT~i' SHERIFF'S OFFI CHAMBERSBURG, PA 1.7201. DEREK A GETIC by handing to a true and attestE~d copy of COMP MORT FORE toget:a~er with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers : ,~ --,_ . 0 0 ~- .00 ANGEL LAV .00 . 0 0 By ~'~--- .00 De Sheriff .00 09/17/2012 JOSEPH P SCHALK ESQ! Sworn and Subscribed to before me this ' ~~ ~``-" da.y of ~g~-~-~--- + Notary COMMONWEALTH OF PENNSYL`JANlA NOTARIAL SEAL `-° RICHARD D. McCARI'Y, Nat;ary Public Chambersbury Paru., t~rani;lin Co;,neo My Commission Expirss ,ian. 29, 2O;5 ... ` SHERIFF'S RETURN - REGULAR CASE NO; 2012-0021.4 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLII`1 HSBC BANK USA NA VS DEREK A AND KRISTEN MA GETIC KENNETH W HALL Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE _ was served upon GETIC KRI~>TEN M A the DEFENDANT at 1449:00 Hour, on the 31st day of Au ust_____, 2012 at FRANKLIN COUNT`.C SHERIFF'S OFFI CHAMBERSBLJRG, PA :L7201 KRISTEN MA GETIC by handing to a true and attestE=d copy of COMP MORT FOF:E togei~her with and at the same time directing Her attention t.o the contents thereof. Sheriff's Costs: So Answers: Docke t inch . 0 0 Service . 00 KENNETH ~T HAL ,..,y-•.. Affidavit: . 00 r ~ ' Surcharge .00 y ~ _~_'_'_'___ .00 Depu Sheriff' .00 09/17/2012 JOSEPH P ~~CHALK ES() Sworn and Subscri>;~ed t;o before me this '~?F`~--• day of -7 -~----~ ~._s_._ N~~ EE NSYLVAN9 ` ~JC)TARIAL SEA''_ RlCN~a~?0 CJ, ~cCARTY. Notary Pub[ec ~ "hambersbur~ ~ i~uro., Franklin Countp: "~y Commrs5ion Ez iros Jan, 29, 2t)15 L.`.._..._ _ ~.. ~ .f.. p SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~a~ttq qt LIEiNbPpf~~~ ~ ~ ~' rw, ~~, ~. ~F~it;E {,~ -mac c,»6RIF~ ~` ~~tt)-1,~4~ ~~t ~~~ ~'NE PRQTNUNOT,~R'r' 2Q12 MQY -9 AM 8~ 35 C(~MBERLAND CQU~i i Y PEtJNSYI.VANIA HSBC Bank USA, N.A. Case Number vs. Derek A. Getic (et al.) 2012-3675 SHERIFF'S RETURN OF SERVICE 09/28/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Derek A. Getic, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program according to law. 10/11/2012 01:30 AM -The requested Complaint in Mortgage Foreclosure served by the Sheriff of Franklin County upon Kathy Getic, Mother of defendant, who accepted for Derek A. Getic, at 191 Mill Road, Chambersburg, PA 17201. Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 November 07, 2012 SO ANSWERS, RON R ANDEf2SON, SHERIFF Sc~ Coun!ySuite Sheriff, Telecsoft: Inc. SHERIFF'S RETURN - REGULAR CASE NO: 2012-00268 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN HSBC BANK ET AL VS DEREK A GETIC ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP CIVIL ACTION was served upon GETIC DEREK A the DEFENDANT at 1313:00 Hour, on the 21st day of October 2012 at 191 MILL ROAD CHAMBERSBURG, PA 17201 KATHY GETIC-MOTHER by handing to a true and attested copy of COMP CIVIL ACTION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Af f idavi t Surcharge So Answers: .00 .00 ANGEL LAV A .00 ~ .00 By .00 eputy Sheriff .00 10/26/2012 JOSEPH P SCHALK ESQ Sworn and Subscribed to before me this ~ day of ( ~- A.D. Nota COMMONWEALTH OF PENNSYLVANIA RICHAR p~McCgRTy, Notary public Chamberseurg t3oro,, Franitlln County My Commi~lon Jan. 29, 2015 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~y~~t;" at ~~rttzb~~,~~~~d ~ ~ ~ ~, -r' rn ~ ~ ~ -T; z ~ ~~ o e r ~;=: ~ . cn r- ~ ~ rz ~ ~2 ~ ' ~ ~ ~-, x ~ ~ ~ - r~ --~ cn ?' AMENDED HSBC Bank USA, N.A. vs. Derek A. Getic (et al.) Ca a Nu ber~ 2012-3675 SHERIFF'S RETURN OF SERVICE 09/28/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Derek A. Getic, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program according to law. 10/22/2012 01:13 PM -The requested Complaint in Mortgage Foreclosure served by the Sheriff of Franklin County upon Kathy Getic, Mother of defendant, who accepted for Derek A. Getic, at 191 Mill Road, Chambersburg, PA 17201. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 November 07, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF c~unySurte; Si'EriK, 7Einrg.; .1, Ire. 11/14/2012 09:57 7172613882 SHERIFF'S RETURN - REGULAR CASE NO: 2012-00268 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN HSBC BANK ET AL VS DEREK A GETIC (PAGE 01/01 9~7~~e.~2.~~G~~r~w ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP CIVIL ACTION was served upon GETIC DEREK A x DEFENDANT at 1313:00 Hour, on the.~St day of October at 191 MILL ROAD CHAMBERSBURG, PA 17201 by handing to KATHY GETIC-MOTHER the 2012 a true and attested copy of COMP CIVIL ACTION together with and at the game time directing Her attention to the contents thereof. Sheriff's Costs: So Answexs: Docketing _oo Service _00 ANGE L A - Affidavit .00 Surcharge .00 By .00 Deputy Sheriff .00 ].0/26/2412 JOSEPH P SCHALK ESQ Sworn and Subscribed to before /~ me t ~ day o f ppMMONWEALTH OF P~NNSYIVANiA ~o~.r~~. ~/ ~- ' A . D . RICHARD D. MCCARN~~C~MY Cha~be~ ~ My ~ Jen. 29, 2015 Notary PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 -r i; E? QTI~ICN0T'Ar, y Z-12 AM 11: G Attorney for Plaintiff CUMBERLAND COUNTY SYLVANIA HSBC BANK USA, NATIONAL CUMBERLAND COUNTY. ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR COURT OF COMMON PLEAS SECURITIZATION.TRUST 2005-1, CALLABLE MORTGAGE-BACKED CIVIL DIVISION NOTES, SERIES 2005-1 No. 12-3675-CIVIL VS. DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DEREK A. GETIC and KRISTEN M.A. GETIC A/K/A KRISTEN GETIC, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $274,683.74 TOTAL $274,683.74 I hereby certify that (1) the Defendants' last known addresses are 111 MILKY WAY, SHIPPENSBURG, PA 17257-8241, 302 FRANKLIN WAY, SHIPPENSBURG, PA 17257-7938, 26 EAST MAIN STREET, WALNUT BOTTOM, PA 17266-9713, and 191 MILL RD, CHAMBERSBURG, PA 17201-8614, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 1( J athan Lobb, Esq., d. No.312174 Attorney for Plaintiff )tJ Sg7404, DAMAGES ARE HEREBY ASSESSED AS INDICATED. ??,?L (f l a?gsu3 DATE: 12taql? 204732 Department of Defense Manpower Data Center Results as of Dec-t7-20,20,06:24 SCRA 2.3 stata's Report Pursuant to erv cei nembim Civil Rel efAc t Last Name: GETIC" First Name: KRISTEN Middle.Name: M.A. Active Duty Status As Of: Dec-172012 . On AFtive Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA rJf? _ _ No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Leff Active Duty within 367 Days of Active Duty Status Date Active Duty Start Date Active Uuy End Date Status Service Component NA NA No NA. This response reflects where the individual left active duty Status w thin 367 days preced ng the Active Duty Status Date The Member or His/Ha, Unit was NOff-d of a Future Call-Up to Active Duty on Active Duty Statas Date Order Notification Star, Date Order Notification End Date - - - Status __ Service Component NA NA -_J No I NA This response reflects whether the individual or his/Cer unit has received earty dchh_tion to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Genter. based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 4 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center ResuI:s as ot: De, 17.20120106.23 SCRA 2.3 Status Report Punuunt to Servicemern rs Civil Relief Act Last Name: 'GETIC First Name: DEREK Middle Name: A Active Duty Status As Of: Dec-17-2012 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date - - I _Status NA Service Component NA Nc _ NA This response reflects .he in d'I'dUaIS' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date< - Active Duty End Date Status NA Service Component NA No NA This response reflects where ;ha ndivldual left active duty status within 367 days preceding the Acii- Duty Status Date The Member or HisfHer Unit Was NoINied of a Future Can-.Up to Active Duty on Active Duty. Status Data Order No:N?A n Start e Order Notification End Date _o2' statusService Component NA No NA This response reflects whether the individual w his/her unii has received early notifioation b report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center. based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. s Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff 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 : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC : No. 12-3675-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant DEREK A. GETIC is over 18 years of age and resides at 11 1 MILKY WAY, SHIPPENSBURG, PA 17257-8241, 26 EAST MAIN STREET, WALNUT BOTTOM, PA 17266-9713, 302 FRANKLIN WAY, SHIPPENSBURG, PA 17257--7938, and 191 MILL, RD, CHAMBERSBURG, PA 17201-8614. (c) that defendant KRISTEN M.A. GETIC A/K/A KRISTEN GETIC is over 18 years of age and resides at 111 MILKY WAY, SHIPPENSBURG, PA 17257-8241, 302 FRANKLIN WAY, SHIPPENSBURG, PA 17257-7938, and 191 MILL RD. CHAMBERSBURG, PA 17201-8614. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 2AZIL2- J than Lobb, Es q., Id. No.312174 ttorney for Plaintiff 204732 (Rule of Civil Procedure No. 236) - Revised 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 A/K/A KRISTEN GETIC : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 12-3675-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 1 By: _32.'?t If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 204732 HSBC BANK USA, NATIONAL ASSOCIATION. AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1 Plaintiff V. DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC Defendant(s) TO: DEREK A. GETIC I 1 I MILKY WAY SHIPPENSBURG, PA 17257-8241 DATE OF NOTICE: r COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-3675-CIVIL CUMBERLAND COUNTY THIS HRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPER'T'Y. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOL7 A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 AIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH LNFOR RATION ABOUT AGENCIES -THAT MAY OFFER LE'GA.L. SERVICES TO ELM11B.LE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOIrSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 By: JR u<an Lobb, Esq., Id, No.312174 i ttorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 HIS # 204732 IISBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1. Plaintiff V. DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC Defendant(s) . TO: DEREK A. GETIC 26 FAST MAIN STREET WALNUT BOTTOM, PA 17266-9713 DATE OF NOTICE:. it 'ba, I I/ t2= OF COMMON PLEAS CIVIL DIVISION NO. 12-3675-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE, INDEBTED-NESS REFERRED TO HEREIN. AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFF_,NSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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, Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 {717) 249-3166 By: Jt 6, ?an Lobb, Esq., Id. No312174 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 MIS # 204732 HSBC BANK USA, NATIONAL ASSOCIATION. AS INDENTURE TRUSTEE OF THE F.BR SECURITIZATION TRUST 2005-1, CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1 Plaintiff DEREK A, GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC Defendantkl TO: DEREK A. GETIC . 302 FRANKLIN WAY SHIPPENSBURG, PA 17257-7938 DATE OF NOTICE: f? COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-3675-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ('717)'240-6195 CLIIVIBERLAND COUNTY BAR ASSOCIATION C1.11MBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (1717) 249-3166 By: 7° ? iau LobE?. Isq., Id. No,312174 Attorney I?r Flatintiff' Phelan Hallman & Schniieg, LLp 1617 3FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PI IS # 204732 IISBC BANK USA, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS AS INDENTURE TRUSTEE OF THE FBR CIVIL DIVISION SECURITIZATION TRUST 2005-1, CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1 NO. 12-3675-CIVIL Plaintiff V. CUMBERLAND COUNTY DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC Defendant(s) TO: DEREK A. GETIC: 191 MILL RD CHAMBERSBURG, PA 17201-8614 DATE OF NOTICE: t t/ , THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS :SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTIINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT I-LAVE 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. Office of the Prothonotary Cumberland County Courthouse 1 ("ourthouse Square Carlisle, PA F7013 (717} 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Iu;6han Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan & Schinieg, I.,LP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHIS # 20,1732 HSBC BANK USA, NATIONAL ASSOCIATION. AS INDENTURE TRUSTEE OF THE, FBR SECURITIZATION TRUST 2005-1, CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-3615-CIVIL L'. DEREK A. GETIC CUMBERLAND COUNTY KRISTEN M.A. GETIC A/K/A KRIS'T'EN GETIC Defendant(s) TO: KRISTEN M.A. GETIC A/KfA KRISTEN GETIC ' 111 MILKY WAY SHIPPENSBURG, PA 17257-8241 DATE OF NOTICE: it I j 1 Z "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUP'T'CY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANTNOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHW TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE EN"TF.,RED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 ABLF TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO l3LIGIBI.E PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square (arlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 {717) 249-3166 ? f By: J ian Lobb, Esq., Id. No' ?3-12174 ttorney for Plaintiff Phelan Hallinan & Schmie& LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 P1 IS ;t 2041,32 HSHC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE "TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE. MORTGAGE; BACKED NOTES, SERIES 2005-1 Plaintiff CC:)IJRT ()I_ CO1vI14'ION PLEAS CIVIL DIVISION NO. 12-3675-CIVIL V. DEREK A. GI'''IC CUMBERLAND COUNTY KRISTEN M.A. GETIC A/K/A KRISTEN GETIC Defendant(s) TO. KRISTEN M.A. GETIC A/K/A KRISTEN GETIC 302 FRANKLINWAY SHIPPENSBURG, PA 17257-7938 DATE OF NOTICE:_ 2lI THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 710 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFIJR LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO ]+E. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: N(0 J ?ian Lobb, Esq., Id. 12174 or,ney for Plaintiff Phelan Hallinan & Schmiec,, LLp 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAN) COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE-; 2 LIBERTY AVENUE CARLISLE, PA 17013 (71.7) 249...;3:61 PHS # 20173_ HSBC BANK USA, NATIONAL ASSOCIATION. AS INDENTURE., TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1. CAI-LAB LE MORTGAGE-BACKED NOTES,-SERIES 2005.1 Plaintiff V. DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC Defendant(s) TO: KRISTEN M.A: GETIC AWA KRISTEN GETIC 191 MILL RD CHAMBERSBURG, PA 17201-8614 DATE OF NOTICE: .f COURT OF COMMON PLEAS CIVIL. DIVISION NO. 12-3675-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU N AN A'T'TEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN , AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE N BANKRUPTCY. THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICF SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOU I' HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES 'T1-I_AT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FFF. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE. PA 17013 (717) 249-3166 By. - -? '-?. J than Lo bb, Es q,, Id. No.312174 ttorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 .IFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 264732 AID"'ANN% AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY HSBC BANK USA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, PHS#204732 CALLABLE MORTGAGE-BACKED NOTES,SERIES 2005-1 DEFENDANT SERVICE TEAM/lxh DEREK A.GETIC COURT NO.: 12-3675-CIVIL r- KRISTEN M.A.GETIC A/K/A KRISTEN GETIC . SERVE KRISTEN M.A.GETIC A/K/A KRISTEN GETIC AT: TYPE OF ACTION 3r, 302 FRANKLIN WAY XX Notice of Sheriff's Sale SHIPPENSBURG,PA 17257-7938 SALE DATE: June 5,2013 SERVED Served and made known to KRISTEN M.A. GETIC A/K/A KRISTEN GETIC, Defendant on the e-A day of V 20 L3,at LIL.Lf-o'clockAM[.,at ,in the rmanner descri W below: Defendant personally served, rep.% V, 14- Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Descn Lion: Age J� Weight /10 Race Sex Other \(2-9-3 4et9t adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to e ies of 18 . . ec.A9Q4 relating to unswom falsi icatfii to authorities. DATE: NAME: PRINTED NAME: rJ C e TITLE: C-C NOT SERVED On the day of 20 ,at dclock_.M., 1, a competent adult hereby state that e endant N07 FOUND beciiu—se: Vacant —Does Not Exist Moved Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY HSBC BANK USA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, PHS#204732 CALLABLE MORTGAGE-BACKED NOTES,SERIES 2005-1 DEFENDANT SERVICE TEAM/lxh DEREK A.GETIC COURT NO.:12-3675-CIVIL KRISTEN.M.A.GETIC A/K/A KRISTEN GETIC SERVE DEREK A.GETIC AT: TYPE OF ACTION 191 MILL RD XX 'Notice of Sheriff"s Sale *= , CHAMBERSBURG,PA 17201-8614 SALE DATE: June 5,2013 SERVED �^ tdesc%ribed^ erved and made known to DEREK GETIC Defendant the day of J��' ,20 ,at � �o'clock M.,at , to th manne be Defendant personally se-� �}wt U f k ` .� . Adult family member with om Defenda s)r side(s). _ Relationship is -" e� � - ; —Adult in charge of Defendant"s resi end who refuld to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). —Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: ff i;l t Des cri 'on: Age �t� t r Weight !0 Race Vt Sex Other s&-� I, a VC u e t . c en adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the c on case on the date ar id at the address indicated a ve. I understand that this statement is made subject to pe tie of 18 Pa. S. ec.4 rela' to unswom fa sift tion to authorities. DAT19 NAME: PRINTED ME: e Crt 1 �.q" TITLE: (to Cc V i; e lcv e NOT SERVED On the dayy of 20�,at o elock .M.,1, a competent adult hereby state that�efendant NOT FOUND iecause: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused ; Other: 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 7FK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 —t PHELAN HALLINAN,LLP Attorney for Plaintiff M Wit= JOSEPH E.DEBARBERIE,Esq.,Id.No.315421 � -� 1617 JFK Boulevard,Suite 1400 .-<3> to o CD One Penn Center Plaza d -r; Philadelphia,PA 19103 --: 215-563-7000 w FYI IN THE COURT OF COMMON PLEAS "D OF CUMBERLAND COUNTY,PENNSYLVANIA HSBC BANK USA,NATIONAL ASSOCIATION,AS CUMBERLAND COUNTY INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1,CALLABLE COURT OF COMMON PLEAS MORTGAGE-BACKED NOTES,SERIES 2005-1 Plaintiff, CIVIL DIVISION V. No.: 12-3675-CIVIL DEREK A.GETIC KRISTEN M.A.GETIC A/K/A KRISTEN GETIC Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P.3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". J S PH E.DEBARBERIE',Esq.,Id.No.315421 At orney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#204732 a - HSBC BANK USA,NATIONAL ASSOCIATION,AS COURT OF COMMON PLEAS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE CIVIL DIVISION MORTGAGE-BACKED NOTES,SERIES 2005-1 Plaintiff NO.: 12-3675-CIVIL V. CUMBERLAND COUNTY DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC BANK USA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1,CALLABLE MORTGAGE-BACKED NOTES,SERIES 2005-1,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 111 MILKY WAY,SHIPPENSBURG,PA 17257-8241. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) DEREK A.GETIC 302 FRANKLIN WAY,SHIPPENSBURG,PA 17257-7938 KRISTEN M.A.GETIC A/K/A KRISTEN 302 FRANKLIN WAY,SHIPPENSBURG,PA GETIC 17257-7938 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) DEREK A.GETIC 302 FRANKLIN WAY SHIPPENSBURG,PA 17257-7938 KRISTEN M.A.GETIC A/K/A KRISTEN 191 MH,L RD GETIC CHAMBERSTJRG,PA 17201-8614 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) NONE. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) CHASE BANK USA,N.A. 200 WHITE CLAY CENTER DRIVE NEWARK,DE 19711 CHASE BANK USA,N.A.ATTN:SUSAN 200 WHITE CLAY CENTER DRIVE HUNT NEWARK,DE 19711 PHS #204732 CHASE BANK USA,N.A.C/O CUSTOM 2550 NORTH REDHILL AVENUE RECORDING SOLUTIONS SANTA ANA,CA 92705 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) CUMBERLAND-FRANKLIN JOINT 129 S.'PITT STREET MUNICIPAL AUTHORITY,JAMES M. CARLISLE,PA 17013 ROBINSON,ESQUIRE,TURO ROBINSON CUMBERLAND-FRANKLIN JOINT 725 MUNICIPAL DRIVE MUNICIPAL AUTHORITY SHIPPENSBURG,PA 17257' 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) HAMPTON HILLS DEVELOPMENT 119 NORTH CARROLL STREET COMPANY THURMONT,MD 21788 HAMPTON HILLS HOMEOWNERS 170 MILLGATEROAD ASSOCIATION,INC. BELLEFONTE,PA 16823 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 111 MILKY WAY SHIPPENSBURG,PA-17257-8241 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISOR'S-Y--1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MEDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: 13 B Y9: t0helan Hallinan,LLP JOSEPH E.DEBARBERIE,Esq.,Id.No.315421 Attorney for Plaintiff PHS#204732 �+N Name and Phelan l4allinan,LLP O N Address 1617 IfK Boulevard,Suite 1400 s OfSender No One Peas Center Plaza c Philadelphia,PA 19IOS AZKUSFF-06,10512013 SALE a 1.nle Anick Number Name of Addressee.Sircu and Post,Oftice Address Posh e'wy I *••• CUAIDERLANU-FRANKLIN JOINT MUNICIPAL AUVRO XITY 925 MUNICIPAL DRIVE Lmoo° SHIPPENSBURC PA 17257 t'.r 2 «««: CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY,JAMES M.ROBINSON,F,;Qt)IRE, SOA6 TURD ROBINSON } I24 S.PITT STREET i 1 CARLISLF,PA 17013 RE.DEREK A.GETIC CUMBERLAND PITS 4 204732/1026 Page t of 1 45 Da $0.92 Total N.ow of Totil HuaW of hem Ponmixta.P.r(Name of Tk fal tftt a 4ai of wue u am i M&Md nail Tien ?10=ustw M scr4ff (tted AaPm Me Raa+fnE 1 for ttit raao".00 atnaooep mle OMMMu urwr L%preae Mai mzuaent remraum a ry'oup,bjmc,toaiiait d"Sm0.b00 peroeevrafu 'r►cui inure Vfdemli4r p«yabk mL'a.pre Tfe nuisun itrlrr nhy MAbk iSS25M ra raigeret m•7,sm Wid dois.ml i.arrmnt. R900S913w15911fd liaitaixnSafcmxra Form 3877 Facsimile I PHS#204732 Name and Phelan Ilallinan,LL Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza Philade his PA 19103 AZKJMAN-0610 5/2013 SALT Line Article Number NRnie of Addressee Street and Post Office Address postage Fee I TENANT,*OCCUPANT 50.44 I t 1 MILKY WAY SHIPPENSBURG PA 17257-8241 2 •«•+ CHASE BANK VSA,N.A. SO.44 III 200 WHITE CLAY CENTER DRIVE to NEWARK DE 19711 3 '*' CHASE BANK USA,N.A.ATTN:SUSAN HUNT 50.44 200 WHITE CLAY CENTER DRIVE IBM NEWARK,DE 19711 11 a 4 r*"* CHASE BANK USA,N.A.CIO CUSTOM RECORDING SOLUTIONS $0.44 2550 NORTH REDHILL AVENUE SANTA ANA CA 92703 eM� 0 5 «xex HAMPTON HILLS DEVELOP11 NT COMPANY S111.44 119 NORTH CARROLL STREET # T'HURMONT MD 21788 _ 1p- 6 "*• HAMPTON HILLS HOMEOWNERS ASSOCIATION,INC. $0.44 �- 170 MII,Ir.ATF.ROAD BELLEF'ONTE PA 16823 7 •'*+ DO:MESTIC RELATIONS OF $0.44j CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE,PA.170I3 , 8 `*** COMMONWEALTH OF PENNSYLVANIA $0.44 DEPARTMENT"OF WELFARE - P.O.BOX 2675 HARRISBURG PA 17105 9 `*** INTER,VAL REVENUE SERVICE ADVISORY $0.44 1000 LIBERTY AVENUE ROOM 704 s PITTSOURGki,PA IS222 10 *•"" U.S.DEPARTMENT OF JUSTICE $0.44 U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING e 228 W.ALNUTSTREET,SUITE 220 I PO BOX 11754 HARRISBURG PA 17108-1754 KiA G Ix Ctll►if3B 047J2ittt21_ y d S4, 7M tix tKa o' Tsai N:mkr of Piecra Msmuntr,r'a tytamr ar. .The A's Aetiaattgn o1 HNt q tepuhn4 m ttu oc n w MMlmmwtwu!nowo 14111.T*maTtintm indemr4ry peyablt rims 3.xaM by Seadn R"-d n RMa office R+eti-h f&m00yse) rer the lveFnNrueiAR Cf mnnagoiab'e dxun«ra tcadN Tixpraae 3�.a+i leewee:nt rw:o.:ueetiea ialurana saSSQOtrO ptz t>ittr anblca as a GmhofSS4r:oCYa ytr watmhaa-lUmxdmam indnrertitYraytble on DPW WI I rtereuMm is ISM. Tbtnurnrumir Amritypatytbkis$2S,5dafart$wm4m.1,sat Nnhr 60raiimm ue SewD_*m=kMa7N.nmw i ' - Hv91t S91S rud&T!I for Hmlgttda W ee'vta e Form 3877 Facsimile - 1 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATEION, Court of Common Pleas AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE Civil Division MORTGAGE-BACKED NOTES, SERIES 20.05-1 Plaintiff CUMBERLAND County V. No.: 12-3675-CIVIL 0 DEREK A. GETIC . { KRISTEN M.A. GETIC A/K/A KRISTEN GETIC =70 c c:n C -;C) Defendants o , vn _ . p 6c3 PLAINTIFF'S MOTION TO REASSESS DAMAGES D °• pr Plaintiff,by its Attorneys,Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure'action by filing a Complaint on June 12, 2012. 2. Judgment was entered on Decerfiber 18, 2.012 in the amount of$274,683.74. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of-Civil Procedure 1037(b)(1),"a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint,i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 5, 2013. 204732 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages sh luld now read as follows: Principal Balance $203,940.75 Interest Through June 5, 2013 $80,339.91 Late Charges $488.82 Legal fees $1,250.00 Cost of Suit and Title $1,504.65 Property Inspections $570.00 Property Preservation $8,574.00 Appraisal/Brokers Price Opinion $1,250.00 Escrow to be paid $2,649.14 Escrow Deficit $15,775.24 TOTAL $316,342.51 6. Plaintiff paid the following in pr©perty preservation during the time the loan was in default: 4/9/2011 RELOCK&REKEY $120.00 5/14/2011 SUMP PUMP $720.00 6/4/2011 YARD MAINTENANCE $100.00 6/10/2011 YARD MAINTENANCE $115.00 6/25/2011 YARD MAINTENANCE $100.00 7/1/2011 PROPERTY PRESERVATION $960.00 7/30/2011 YARD MAINTENANCE $300.00 8/24/2011 YARD MAINTENANCE $300.00 9/1/2011 YARD MAINTENANCE $300.00 9/30/2011 YARD MAINTENANCE $300.00 10/18/2011 YARD MAINTENANCE $300.00 11/26/2011 YARD MAINTENANCE $300.00 12/1/2011 YARD MAINTENANCE $300.00 6/8/2012 YARD MAINTENANCE $163.00 6/22/2012 DEBRIS REMOVAL $900.00 6/27/2012 YARD MAINTENANCE $158.00 6/29/2012 YARD MAINTENANCE $158.00 7/10/2012 YARD MAINTENANCE $158.00 7/26/2012 YARD MAINTENANCE $158.00 8/8/2012 YARD MAINTENANCE $158.00 204732 8/17/2012 YARD MAINTENANCE $158.00 8/22/2012 YARD MAINTENANCE $158.00 11/16/2012 YARD MAINTENANCE $158.00 11/21/2012 YARD MAINTENANCE $158.00 2/14/2013 YARD MAINTENANCE $158.00 2/14/2013 YARD MAINTENANCE $158.00 2/14/2013 YARD MAINTENANCE $158.00 3/15/2013 DEBRIS REMOVAL $1,400.00 TOTAL $8,574.00 7. Plaintiff paid the following in tax s and insurance during the time the loan was in default: 11/18/2009 DELINQUENT TAX $1,787.61 11/18/2009 DELINQUENT TAX .$379.59 11/18/2009 TAX ADVANCE $218.89 11/18/2009 TAX ADVANCE $46.48 12/18/2009 HOMEOWNERS INSURANC $629.00 8/18/2010 SCHOOL TAX $1,841.43 12/1/2010 HOMEOWNERS 1NSURANC $662.44 4/14/2011 TOWNSHIP TAX $460.14 8/9/2011 HOMEOWNERS INSURANC $2,189.00 9/1/2011 SCHOOL TAX $2,100.28 4/6/2012 TOWNSHIP TAX $460.14 5/30/2012 HOMEOWNERS INSURANC E $2,189.00 8/16/2012 SCHOOL TAX $2,299.58, 3/26/2013 TOWNSHIP TAX $511.66 TOTAL $15,775.24 8. The judgment formerly entered i insufficient to satisfy the amounts due on the Mortgage. 9. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the am unt of judgment against the Defendants. 204732 10. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief 11. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 22, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter purs lant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit`'C". 12. No judge has previously entered 3.ruling in this case. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amerid the judgment as requested. Phelan Hallinan, LLP DATE: 5121113 By: John D. , Esquire ATTORNEY FOR PLAINTIFF 204732 Phelan Hallinan, LLP , John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 HSBC BANK USA, NATIONAL ASSOCIAT ON, Court of Common Pleas AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1,.CALLA LE Civil Division MORTGAGE-BACKED NOTES, SERIES 2005-1 Plaintiff CUMBERLAND County V. No.: 12-3675-CIVIL DEREK A. GETIC KRISTEN M.A. GETIC. A/K/A KRISTEN GETIC Defendants MEMORANDUM O LAW IN SUPPORT OF PLAINTIFF'S MOTIONITO REASSESS DAMAGES I. BACKGROUND OF CASE DEREK A. GETIC and KRISTEN M.A. GETIC A/K/A KRISTEN GETIC executed a Promissory Note agreeing to pay principal, intirest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance I emiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Propeity located at 111 MILKY WAY, SHIPPENSBURG, PA 17257-8241. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessar sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accord'rigly, after it was clear that the default would not be 204732 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently I entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action the entry j and the Sheri:s Sale date, damages as previously assessed are 1S' judgment g p Y outdated and need to be adjusted to include cuirent interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Pl.intiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Lurt may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Palper. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest U;. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbani Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. if N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, L7 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania reci zed in Landau v. Western Pa.Nat. Bank 445 p Y owed 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Bel kman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 204732 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality i Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. i In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within -,ase, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender q Y � payments during the foreclosure proceeding andithe advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal t and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors t are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENTEIS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 204732 I Partnership v. Kimmel, 424 Pa. Super 53, 55, 61 A.2d 1036, 1037 (1993). Signal Consumer I Discount Company v. Babuscio, 257 Pa. Super;101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). i However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST I� The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding delft. In addition,the Note specifies the rate of interest I to be charged until the debt is paid in full or oth6rwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. i V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of i collateral. If the Property were sold at a tax sale, Plaintiffs interest very well maybe divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the I?roperty if it did not pay the insurance premiums. i it 204732 Most importantly, the Mortgage specific Ally provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover.all of the legal work done throughout the course of the foreclosure action to date,including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry o judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motloh to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding Irincipal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Feiner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount J not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confiormmg that an attorney's fee of ten,percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 204732 Realty, 662 A.2d 1120 (Pa. Super. 1995): Plaintiff's legal fees are not a percentage but are significantly.less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, P aintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary.to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named a] Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be.cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens p q � Y on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. TJI he title bringdown is necessary to identify any new liens on the property or new owners betwien the time of.filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attem t personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, a Id interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's Sale. . I Accordingly, the modest sums Plaintiff has'incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 204732 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defau is under the terms of the mortgage,the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the bon ower secured by the mortgage. The lender may charge the borrower for services performed in c connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's sk increases. Mortgage companies typically have a vendor visit the premises to determine if any `windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "prope y preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in he neighborhood. 204732 Accordingly, line items included in Mo ions to Reassess Damages for property inspections and property preservation represen amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the ortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable norable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in g od faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallman, LLP • DATE: 5�,��3 By: John D. I ohn, squire Attorney for Plaintiff 204732 Ey. it , ot A 204732 PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id.No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza �`'""`' Philadelphia,PA 19103 215-563-7000 C o HSBC BANK USA,NATIONAL CUMBERLAND COUNTY.. ' 07 ASSOCIATION,AS INDENTURE TRUSTEE OF THE FBR COURT OF COMMON PLE SECURITIZATION TRUST 2005-1, t� b• man CALLABLE MORTGAGE-BACKED CIVIL DIVISION _ NOTES,SERIES-2005-1 =• No. 12-3675-CIVIL' ca --� VS. DEREK A.GETIC , 1CWTEN M.A.GETIC l{ 1 A/K/A KRISTEN GETIC �'►► .. PRAECIPE FOR IN REM JVDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DEREK A.GETIC and KRISTEN M.A.GETIC A/K/A KRISTEN GETIC,Defendants for failure to file an Answer to Plhintiff s 'Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $274,683.74 TOTAL $274,683.74 I hereby certify that(1)the Defendants'] known addresses are 111 MILKY WAY, SHIPPENSBURG,PA 17257-8241,302 FRANKLIN WAY,SHIPPENSBURG,PA 17257-7938,26 EAST MAIN STREET,WALNUT BOTTOM,PA 17266-9713,and 191 MILL RD, CHAMBERSBURG,PA 17201-8614,and(2)that otice has been given in accordance with Rule Pa.R.C.P 237.1. Date 14pffaulan 1-000, q., A U.112 1. Attorne or Pl DAMAGES ARE HEREBY ASSESSED AS INDI ATED. DATE: PR ONOTARY 204732- Exhi bit "B" PH:ELAN : 'AL.L:INAN, LLP 1617 John F. Kennedy Boulevard S 1ite 1400 Philadelphia,PA 19103 (2150 563-7000 FAX4 215) 563-3459 Phelan Hallinan, LLP Representing.Lenders in Pennsylvania May.22;2013 DEREK A. GETIC KRISTEN M.A. GETIC —. ._.,..„,,ALK/A;KRISTEN..GETIC.. . :. . �,.. . .. . 302 FR:ANKLINT WAY SHIPPENSBURG;PA 17257-7938 RE, HSBC BANK USA,NATIONAL AAOCIATION,AS INDENTURE TRUSTEE OF TFfE FBR SECURITIZATION TRUST 2005-1, CALLABLE MORTGAGE BACKE NOTES, SE D SERIES 2005-1 v. DEREK A. GETIC and KRISTEN M.A. GETIC,A/K/A , KRISTEN GETIC: Premises Address: .I I I MILKY WAY SHIPPENSBURG,PA 17257 CUMBERLAND,County C.C.P,No. I' -3675-CIVIL g Dear Defendants, Enclosed please find a true and correct copy of nay proposed Motion to Reassess Damages and Order. In accordance with Cumberland C unty Local Rule 2083(9),I am seeking your concurrence with the requested relief that is, iT icreasing the amount of the judgment.Please respond to me within 5 days, by 5/28/2013. Should you have further questions or concems,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours; AX John.` ;_;fC of 7a Esq., Id.No.312244 Attorney for Plaintiff Enclosure 204732 }} name and Phelan Hallinan,LLP Q Address 1617 IFK Boulevard,Suite 1400 OCSender One Penn Center Plaza 5>- Philadelphia,PA 19103 KVM ^n Line Article,Number Name of Addressee Street aad Post Office Address Postage cr I «««« DEREK A.GETIC $0.45 ° > KRISTEN M.A..GETIC T wrzm 302 FRANKLIN WAY (6 SHIPPENSBURG.PA 17259-7438 ' 2 **°« DEREK A.GETIC $0:45 KRISTEN M.A.GETIC' II I MILKY WAY SHIPPENSBURG PA 17257-8241 3 •"*« DEREK A.GETIC 50.45 t. 26 EAST MAIN STREET WALNUT BOTTOM PA 17266-9713 4 •««* DEREK A.GETIC $0.45 KRISTEN M.A.GETIC 191 MILL RD CHAMBERSBURG PA 17201-8614 RE:DEREK A.GETIC CUMBERLAND PH$#""204732/1200 Page I of I IS1.80 r /dal Numlxrof Total MmIterorPiem PostmxtNa.Pa(Owae,or. lilt fA dcchnnion or.!.a limmifed on all dootaratic mW ime-wional tepstaed mad.The insuammindemmty pmaWa Pie=U%t.d by Sender Rtoeistd at Poo ofrue Raeiving Empty? roe the ttmnsttuction ofmn-Votialk donmtums under FWM Mali dxtm+eat t000autuctian innvaace it 154.000 pa jplace sut m to a limit of S90.000 pa ocean ce.The maximum indemnity payable an F,xtatss Malt mtrchudisc is s3oo. , " 2'httovdamm iadatmay payable is$25"O fat a:&aee mail,aunt wah Wimut im mmm,Sac Omcstk NUi)ANrmatsl R900 SAN S.asai$921€a timiutidts orcov , Form 3877 Facsimile - • .; �'_;CIS,f�•' `'y, 204732 i i Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 103 john.krohn@phelanhallinan.com 215-563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, Court of Common Pleas AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE Civil Division MORTGAGE-BACKED NOTES, SERIES 2005-1. Plaintiff CUMBERLAND County V. No.: 12-3675-CIVIL DEREK A. GETIC KRISTEN M.A. GETIC A/KJA KRISTEN GETIC Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. DEREK A. GETIC DEREK A. GETIC KRISTEN M.A.. GETIC KRISTEN M.A. GETIC A/KJA KRISTEN GETIC A/K/A KRISTEN GETIC 302 FRANKLIN WAY I I'l MILKY WAY SHIPPENSBURG,PA 17257-7938 SHIPPENSBURG,PA 17257-8241 -DEREK A. GETIC DEREK A. GETIC 26 EAST MAIN STREET KRISTEN M.A. GETIC ' WALNUT BOTTOM, PA 17266-9713 A/KJA KRISTEN GETIC 191 MILL RD CHAMBERSBUR.G,PA 17201-8614 Phelan Hallinan,LLP DATE: 21 13 By: e2d, John D/16ohn Esquire - ATTOOVY FOR PLAINTIFF 204732 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HSBC BANK USA, NATIONAL ASSOCIATION, Court of Common Pleas AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE Civil Division MORTGAGE-BACKED NOTES, SERIES 2005-1 Plaintiff CUMBERLAND County V. No.: 12-3675-CIVIL DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC Defendants RULE AND NOW,this day of 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY E COURT J. C= d '� co IiEs `- V�N�.. ,rrY 204732 John D.Krohn,Esq.,Id.No.312244 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 DEREK A. GETIC DEREK A. GETIC KRISTEN M.A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC A/K/A KRISTEN GETIC 302 FRANKLIN WAY 111 MILKY WAY SHIPPENSBURG, PA 17257-7938 SHIPPENSBURG, PA 17257-8241 DEREK A. GETIC DEREK A. GETIC 26 EAST MAIN STREET KRISTEN M.A. GETIC WALNUT BOTTOM,PA 17266-9713 A/K/A KRISTEN GETIC 191 MILL RD CHAMBERSBURG, PA 17201-8614 204732 204732 T! I T PROHONOTARY t�' J t- 3 JUhl 10 P11 1: 6 CUMBERLAND COUNTY PEIMs YLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff HSBC BANK USA,NATIONAL ASSOCIATION.AS INDENTURE TRUSTEE Court of Common Pleas OF THE FBR SECURITIZAT.ION TRUST 2005-1, CALLABLE MORTGAGE-BACKED Civil Division NOTES, SERIES 2005-1 Term Plaintiff Vs No. 2012-3675 Civil DERECK A. GETIC Cumberland County KRISTEN M.A. GETIC A/K/A KRISTEN GETIC 1 I 1 MILKY WAY SHIPPENSBURG, PA 17257-8241 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, HSBC Bank USA, National Association, Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: " 1. On August 3, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due August 1, 2008, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On August 31, 2012, Plaintiff completed service on Defendant, Kristen Getic, of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the 204732 Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 3. On October 22, 2012, Plaintiff completed service on Defendant, Derek A. Getic, of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit C. 4. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program,the Foreclosure action is stayed for sixty (60) days from the date of service. 5. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 6. If more than sixty (60) days has elapsed since.the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 7. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 8. Due to Defendants' failure to opt in to the program, Plaintiff inadvertently proceeded with the entry of judgment prior to lifting the stay imposed by the Diversion Program on December 18, 2012. 9. Defendants received service of the Complaint, had an opportunity to enter the Diversion Program and had an opportunity to defend the foreclosure action, but opted instead to 204732 take no action whatsoever with respect to this matter. 10. Since Defendants have opted not to participate in the Diversion Program or litigated the instant foreclosure action, it is appropriate. for the stay to be lifted nunc pro tunc and the judgment confirmed. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program, the stay be lifted nunc pro iunc, and the default judgment entered December 18, 2012 is hereby confirmed. Respectfully submitted, PHELAN HALLINAN, LLP 1 n �c Date. � � 13 BY: �`' Jos ph Schalk, Esquire A rney for Plaintiff 204732 Exhibit A Cl) rrn M' ';u .0 r— y rZ tv 3PICI) z z , ZC> ©ft, Phelan Hallinan&Schmieg,LLP Joseph P.Schalk,Esq.,Id.No.91656 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF ' One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 204732 HSBC BANK USA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE OF THE FBR COURT OF COMMON PLEAS SECURITIZATION TRUST 2005-1, CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1 CIVIL DIVISION 10790 RANCHO BERNARDO RD SAN DIEGO,CA 92127 TERM Plaintiff NO. 19- 190 ' V. CUMBERLAND COUNTY DEREK A.GETIC KRISTEN M.A.GETIC A/K/A KRISTEN GETIC 111 MILKY WAY SHIPPENSBURG,PA 17257-8241 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE Fl�E �sE A cO�'Y 'r11� coo�n dn� sod File q: 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File N: 204732 l. 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 names and last known address of the Defendants are: DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC 111 MILKY WAY SHFPENSBURG,PA 17257-8241 who are the mortgagors and real owners of the property hereinafter described. 3. On 03/24/2005 DEREK A. GETIC and.KRISTEN M.A. GETIC made, executed and delivered an adjustable-rate 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 Deeds for CUMBERLAND County, in Mortgage Book No. 1902,Page 1.02. By Assignment of Mortgage recorded 06/01/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded at Assignment of Mortgage instrument No. 20091 8031. 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: 101.9(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 r forthwith. File#: 204732 6. The following amounts are due on the mortgage as of 1.1/30/2011: Principal Balance $203,940.75 Interest $55,674.31 07/01/2008 through 11/30/2011 Late Charges $488.82 Property Inspections $150.00 Property Preservation $3,615.00 Appraisal/Brokers Price Opinion $500.00 Escrow Deficit $10,314.86 TOTAL $274,683.74 7. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendants in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants on the dates set forth thereon. File ft: 204732 WHEREFORE, Plaintiff demands an in rem judgment against the Defendants in the sum of $274,683.74, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PIIELAN HALLINAN & SCHMIEG, LLP BY, o .- )h Schalk, l-�,scl.,Id. No. 91 6 111to. j1ey for.Plaintiff File a: 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 1.7 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 34,72,0 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,lnc., recorded. on October 5,2001 in the Office of the Register and Recorder of Deeds of Cumberland County, Pennsylvania at Volume 84,Page 14. SUBJECT to all rights-of-way,restrictions,easements, conditions, and setback lines of record, including but not limited to those stated in the aforementioned subdivision plan. Property Known as: I 11 Milky Way, Shippensburg,PA 17257. i 1 y l k i i Tax ID#: 39-14-0169-1.16 y I 1i 4 PROPERTY ADDRESS: 111 MILKY WAY, SHIPPENSBURG,PA 17257-8241 PARCEL#39-14-0169-116 File 4: 204732 VERIFICATION '61r i OW Da.Ve A 20"t hereby states that he/she is U 4 ke n Jof 3PMORGAN CHASE BANK,NATIONAL ASSOCIATION, servicing agent for Plaintiff in this matter,and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief. I understand that this statement is made subject to the penalties of 18 MH C.S. Sec.4904 relating to unsworn falsification to authorities. ,- Brla .Davenport w , DATE:�'lc 1n 1—= Vtc;President. .- Trtle`.•` JPMORGAN CHASE BANK,NATIONAL ASSOCIATION File#: 204732 Name: GETIC File#: 204732 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVANIA HSBC BANK USA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE OF T14E FBR SECURITIZATION TRUST 2005-1, CALLABLE MORTGAGE-BACKED NOTES,SERIES 2005-1 VS. GETIC,DEREK A. GETIC,KRISTEN M.A. Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty(20)days of the appointment date.During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf.If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact M:idPenn Legal Service for the appointment of a legal representative.Nowever,you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf.If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date ' ®r se,�li.P.: 'cl al:. sq , Id. No. 91656 Cumberland. County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMERUPRIMARY APPLICANT Borrower nanie(s): -- - - Property Address: - City: :State: Zip: __- Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: ;Realtor Phone:. Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address- City: State: Zip: Phone Numbers: Honie: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date you Closed Your Loan: Second Mortgage Lender: Type of Loan: . Loan Number: Total Mortgage Payments Amount: $ Jncluded Taxes & Insurance: Date of Last Payment: Primary Reason for Default. Is the loan in Bankruptcy? Yes ❑ No ❑ If yes,provide names, location of court, case number& attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement funds: $ $ Investments: $ $ Checking: $ $ Savings: $ Other: $ $ Automobile#1: Model: _____ Year: Amount owed: Value: _ Automobile#2: Model: Year: Amount owed: . Value: Other transportation{elttlO ill obi1GS boats .naotorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: _ Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE EXPENSE AMOUNT Mortgage rood 2" Mort a e Utilities Car Pa ment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install.Loan Pa ment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes,please indicate the status of those negotiations: Please provide the following information, if you know,regarding your lender or lender's.loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name):, Contact: _ Phone: i AUTHORIZATION Me, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) Exhibit B SHERIFF' S RETURN - REGULAR A CASE NO: 2012-0023.4 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN HSBC BANK USA NA VS DEREK A AND KRISTEN MA GETIC. KENNETH W HALL Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE _ was served upon GETIC KRISTEN M A the DEFENDANT at 1449 : 00 Hour. , on the 31st day of August _ 2012 at FRANKLIN COUNTY SHERIFF' S OFFI CHAMBERSBURG, PA 17201 by handing to KRISTEN MA GETIC a true ard.,attested copy of COMP MORT FORE together with and at the same time directing Her attention to the contents thereof . Sheriff ' s -Costs: So Answers : Docketing . 00 Service . 00 KENNE'T'H HAL .�_.. Affidavit . 00 Surcharge . 00 y _ . 00 /-Dffe­puiW Sheriff . 00 09/17/2012 JOSEPH P SCHALK. ESQ Sworn and Subscribed to before me this day of Fc ' V COMMON� tI#ftfl pENNSYLVANI i NOTARIAL SEA,- I RIC.HAFZD D..McCARTY. Notary Public h2mbersbury Bero., Franklin L - c,ounif"Sy CommissiE 9 . i , ?115 J Exhibit C 11/14/2012 09:57 71-12613882 PAGE 01/01 SHERIFF'S RETURN - REGULAR CASE NO: 2012-00268 T V' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN HSBC BANK ET AL VS DEREK A GETIC .ANGEL L LAVIENA Deputy, Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within. COMP CIVIL ACTION was served upon GETIC DEREK A the x DEFENDANT at 1313 : 00 Hour, on the .2-rst day of October , 2012 at 191 MILL ROAD CHAMBERSBURG, PA 17201 _ by handing to KATHY GETIC-MOTHER a true and attested copy of COMP CIVIL ACTION together with and at the same time directing Her attention to the contents thereof. Sheriff ' s Costs: So Answers: Docketing • 00 Service .00 ANGE L A Affidavit . 00 Surcharge . 00 By .00 Deputy Sheriff .00 10/26/2022 JOSEPH P SCHALK ESQ Sworn and Subscribed to before me A& day of �AMONWE&*i&H OF PEMNSyLYAHIA �✓ 9W.x A.D. R1�Q D. ryC m�' WO C,o �on ,len.29.2Q15 Notary s PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91.656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff 14SBC BANK USA,NATIONAL Court of Common Pleas ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, Civil Division CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1 Tenn Plaintiff No. 2012-3675 Civil Vs Cumberland County DERECK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC 111 MILKY WAY SHIPPENSBURG, PA 17257-8241 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: DERECK A. GETIC DEREK A. GETIC KRISTEN M.A. GETIC 191 MILL ROAD A/K/A KRISTEN GETIC CHAMBERSBURG, PA 17201 111 MILKY WAY SHIPPENSBURG,PA 17257-8241 Date: By. Az tAtme al�kE, s or Plaintiff 204732 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonatlian.etkowicz@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION, Court of Common Pleas AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE Civil Division MORTGAGE-BACKED NOTES, SERIES 2005-1 Plaintiff CUMBERLAND Couip Cn 7t vs. No.: 12-3675-CIVIL M-- DEREK A. GETIC <> N CD 7 KRISTEN M.A. GETIC C5_6 A/K/A KRISTEN GETIC Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 4, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. DEREK A. GETIC DEREK A. GETIC KRISTEN M.A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC A/K/A KRISTEN GETIC 302 FRANKLIN WAY 1 1 1 MILKY WAY SHIPPENSBURG,PA 17257-7938 SHIPPENSBURG,PA 17257-8241 204732 r a. DEREK A. GETIC DEREK A. GETIC 26 EAST MAIN STREET KRISTEN M.A. GETIC WALNUT BOTTOM,PA 17266-9713 A/K/A KRISTEN GETIC 191 MILL RD CHAMBERSBURG, PA 17201-8614 ' Phelan H ' an, L DATE: By Jo at n M. tkowicz,Esq.,Id.No.208786 Att ey for Plaintiff 204732 i J� IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA HSBC BANK USA, NATIONAL Court of Common Pleas ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, Civil Division CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1 Term Plaintiff No. 2012-3675 Civil Vs Cumberland County DERECK A.GETIC KRISTEN M.A.GETIC A/K/A KRISTEN GETIC 11 I MILKY WAY SHIPPENSBURG, PA 17257-8241 Defendants ORDER AND NOW,this f� + day of J*vw. , 2013, upon consideration of Plaintiffs Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE. COURT: J. c.fx�j13 204732 I CC : Derek A. Getic and Kristen Getic Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 LJocust Street Harrisburg, PA 17101 215-563-7000 DERECK A.GETIC KRISTEN M.A.GETIC A/K/A KRISTEN GETIC I I I MILKY WAY SHIPPENSBURG, PA 17257-8241 DEREK A. GETIC 191 MILL ROAD CHAMBERSBURG, PA 17201 204732 { 4� Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION, Court of Common Pleas AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE Civil Division Ln n,. MORTGAGE-BACKED NOTES, SERIES 2005-1 - Plaintiff CUMBERLAND Cy o �r °cr vs. No.: 12-3675-CIVIL-c �Q CD DEREK A. GETIC c--, . KRISTEN M.A. GETIC � A/K/A KRISTEN GETIC Defendants MOTION TO MAKE RULE ABSOLUTE HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on May 30, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on May 22, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Albert H. Masland on or about June 4, 2013 directing the Defendants to show cause by June 24, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 204732 4. The Rule to Show Cause was timely served upon all parties on June 11, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of June 24, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. . Phelan DATE: AZ4 A By Jona M. Etkowicz,Esq.,,Id.No.208786 Attorney for Plaintiff 204732 Exhibit "A" 204732 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania May 22, 2013 DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC 302 FRANKLIN WAY SHIPPENSBURG, PA 17257-7938 RE HSBC BANK USA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1,CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1 v. DEREK A. GETIC and KRISTEN M.A. GETIC,A/K/A KRISTEN GETIC Premises Address: 111 MILKY WAY SHIPPENSBURG,PA 17257 CUMBERLAND County CCP,No. 12-3675-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 5/28/2013. Should you have further questions or concerns,please do not hesitate to contact me.. Otherwise,please be guided accordingly. Very truly yours, John W.:KroluT Esq., Id.No.312244 Attorney for Plaintiff Enclosure 204732 a � N Name and Phelan Hallinan,LLP �� p Address 1617 JFK Boulevard,Suite 1400 a Of Sender One Penn Center Plaza I } Philadelphia,PA 19103 KVM n I O Line Article Number Name of Addressee Street,and Post Office Address Posta a 1 r««« DEREK A.GETIC $0.45 KRISTEN M.A.GETIC ` Q � 302 FRANKLIN WAY SHIPPENSBURG PA 17257-7938 ::$ 2 ««AA DEREK A.GETIC $0.45 KRISTEN M.A.GETIC 111 MILKY WAY SHIPPENSBURG PA 17257-8241 3 "««• DEREK A.GETIC S0.45 x. 26 EAST MAIN STREET WALNUT BOTTOM PA 17266-9713 4 •A" DEREK A.GETIC $0.45 KRISTEN M.A.GFTIC 191 MILL RD CHAMBERSBURG PA 17291-8614 RE:DEREK A.GETIC CUMBERLAND PHS q 20473211200 Page I of 1 51.80 r total Namba or Total Nttmbu of Pieces Poptrasta,Par(Name of The fall dsdxmion of value is required anal]domettie awl immuational w&—d mail.The maximum indemnity payabk Usted by 5mda R=wd at Part Offke Recdving P.mployee) for the reconwoc ion of wmepaisbk domnrmts antler Exprm Mao dom-M rownsu aion irarram is U0,000 pa pkee sublem ro s timh of$500,000 pa oo mr -The atuimom indemafty pa)abk on Egress Mail merdwdne is 5500. Theo imam indannuq panMe in S25.OriD for agistard aa1 aesl>,ifh optiotnl insunnee.Sot Wmraie Marl Manwl 89005913 and 5921 for limitatimn ofcovera Form 3877 Facsimile 204732 Exhibit "B" 204732 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HSBC BANK USA,NATIONAL ASSOCIATION, Court of Common Pleas AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE Civil Division MORTGAGE-BACKED NOTES, SERIES 2005-1 Plaintiff CUMBERLAND County V. No.: 12-3675-CIVIL DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC Defendants RULE AND NOW, this ...day of 2013, a Rule is entered upon the Defendants to show .cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will he scheduled on this matter. BY THE COURT .I: C: r� M C� . ' 204732 Exhibit "C" { 4� Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION, Court of Common Pleas AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE Civil Division Ln n,. MORTGAGE-BACKED NOTES, SERIES 2005-1 - Plaintiff CUMBERLAND Cy o �r °cr vs. No.: 12-3675-CIVIL-c �Q CD DEREK A. GETIC c--, . KRISTEN M.A. GETIC � A/K/A KRISTEN GETIC Defendants MOTION TO MAKE RULE ABSOLUTE HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on May 30, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on May 22, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Albert H. Masland on or about June 4, 2013 directing the Defendants to show cause by June 24, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 204732 4. The Rule to Show Cause was timely served upon all parties on June 11, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of June 24, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. . Phelan DATE: AZ4 A By Jona M. Etkowicz,Esq.,,Id.No.208786 Attorney for Plaintiff 204732 Exhibit "A" 204732 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania May 22, 2013 DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC 302 FRANKLIN WAY SHIPPENSBURG, PA 17257-7938 RE HSBC BANK USA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1,CALLABLE MORTGAGE-BACKED NOTES, SERIES 2005-1 v. DEREK A. GETIC and KRISTEN M.A. GETIC,A/K/A KRISTEN GETIC Premises Address: 111 MILKY WAY SHIPPENSBURG,PA 17257 CUMBERLAND County CCP,No. 12-3675-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 5/28/2013. Should you have further questions or concerns,please do not hesitate to contact me.. Otherwise,please be guided accordingly. Very truly yours, John W.:KroluT Esq., Id.No.312244 Attorney for Plaintiff Enclosure 204732 a � N Name and Phelan Hallinan,LLP �� p Address 1617 JFK Boulevard,Suite 1400 a Of Sender One Penn Center Plaza I } Philadelphia,PA 19103 KVM n I O Line Article Number Name of Addressee Street,and Post Office Address Posta a 1 r««« DEREK A.GETIC $0.45 KRISTEN M.A.GETIC ` Q � 302 FRANKLIN WAY SHIPPENSBURG PA 17257-7938 ::$ 2 ««AA DEREK A.GETIC $0.45 KRISTEN M.A.GETIC 111 MILKY WAY SHIPPENSBURG PA 17257-8241 3 "««• DEREK A.GETIC S0.45 x. 26 EAST MAIN STREET WALNUT BOTTOM PA 17266-9713 4 •A" DEREK A.GETIC $0.45 KRISTEN M.A.GFTIC 191 MILL RD CHAMBERSBURG PA 17291-8614 RE:DEREK A.GETIC CUMBERLAND PHS q 20473211200 Page I of 1 51.80 r total Namba or Total Nttmbu of Pieces Poptrasta,Par(Name of The fall dsdxmion of value is required anal]domettie awl immuational w&—d mail.The maximum indemnity payabk Usted by 5mda R=wd at Part Offke Recdving P.mployee) for the reconwoc ion of wmepaisbk domnrmts antler Exprm Mao dom-M rownsu aion irarram is U0,000 pa pkee sublem ro s timh of$500,000 pa oo mr -The atuimom indemafty pa)abk on Egress Mail merdwdne is 5500. Theo imam indannuq panMe in S25.OriD for agistard aa1 aesl>,ifh optiotnl insunnee.Sot Wmraie Marl Manwl 89005913 and 5921 for limitatimn ofcovera Form 3877 Facsimile 204732 Exhibit "B" 204732 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HSBC BANK USA,NATIONAL ASSOCIATION, Court of Common Pleas AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE Civil Division MORTGAGE-BACKED NOTES, SERIES 2005-1 Plaintiff CUMBERLAND County V. No.: 12-3675-CIVIL DEREK A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC Defendants RULE AND NOW, this ...day of 2013, a Rule is entered upon the Defendants to show .cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will he scheduled on this matter. BY THE COURT .I: C: r� M C� . ' 204732 Exhibit "C" 6 . Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id: No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 jonathan.etkowicz@phelai3liallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION, Court of Common Pleas AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE Civil Division MORTGAGE-BACKED NOTES, SERIES 2005-1 Plaintiff CUMBERLAND County vs. No.: 12-3675-CIVIL :Y DEREK A. GETIC . KRISTEN M.A. GETIC A/K/A KRISTEN GETIC " Defendants ;CERTIFICATION OF..SERVICE: I hereby certify that a true and correct copy of the Court's June 4,2013 Rule dire06 e Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. DEREK A. GETIC DEREK A, GETIC KRISTEN M.A. GETIC KRISTEN M.A. GETIC A/K/A KRISTEN GETIC A/K/A KRISTEN GETIC 302 FRANKLIN WAY 111 MILKY WAY SHIPPENSBURG,PA 17257-7938 SHIPPENSBURG, PA 17257-8241 cC=S' rn Q r ' D 204732 1 DEREK A. GETIC DEREK A. GETIC 26 EAST MAIN STREET KRISTEN M.A. GETIC WALNUT BOTTOM,PA 17266-9713 A/K/A KRISTEN GETIC 191 MILL RD s CHAMBERSBURG,PA 17201-8614 Phelan DATE: 4g 3 By: Tot,..., an 1V1. ticovvic ETq, Id.No.208786 `lA�tl ,ey for Plaintiff i A f 4 J S 204732 r, Phelan Hallinan, LLP Jonathan'M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 HSBC BANK USA,NATIONAL ASSOCIATION, Court of Common Pleas AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE Civil Division MORTGAGE-BACKED NOTES, SERIES 2005-1 Plaintiff CUMBERLAND County VS. No.: 12-3675-CIVIL DEREK A. GETIC KRISTEN M.A. GETIC A%KJA KRISTEN GETIC Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. DEREK A. GETIC DEREK A. GETIC KRISTEN M.A. GETIC KRISTEN M.A. GETIC A/KJA KRISTEN GETIC A/K/A KRISTEN GETIC 302 FRANKLIN WAY i 11 MILKY WAY SHIPPENSBURG,PA 17257-7938 SHIPPENSBURG,PA 17257-8241 DEREK A. GETIC DEREK A. GETIC 26 EAST MAIN STREET KRISTEN M.A. GETIC WALNUT BOTTOM,PA 17266-9713 A/K/A KRISTEN GETIC 191 MILL RD CHAMBERSBURG, PA 17201-8614 Phelan llinan, LLP DATE: 3 By: Jonat n M. Etkowicz,Esq.,Id.No.208786 Attorney for Plaintiff 204732 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA,NATIONAL ASSOCIATION, : Court of Common Pleas AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005-1, CALLABLE : Civil Division MORTGAGE-BACKED NOTES, SERIES 2005-1 : Plaintiff : CUMBERLAND County • vs. : No.: 12-3675-CIVIL DEREK A. GETIC -a a KRISTEN M.A. GETIC _ mica A/K/A KRISTEN GETIC x - 1 '' -4 Defendants "� -� z /df ORDER --c CD AND NOW, this / day of VGA r , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $203,940.75 Interest Through June 5, 2013 $80,339.91 Late Charges $488.82 Legal fees $1,250.00 Cost of Suit and Title $1,504.65 Property Inspections $570.00 Property Preservation $8,574.00 Appraisal/Brokers Price Opinion $1,250.00 Escrow to be paid $2,649.14 204732 Escrow Deficit $1 5,775.24 TOTAL $316,342.51 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: J. CCTI fil. ..),Lcct.,- VAita 204732 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson " Sheriff , o�t �t C*Uflbeti4 Chief Deputy s }. i I } e3,'` 1: ,: Richard W Stewart` ` ' C1iM E[;L ,,;;Lr,' t „„ , Solicitor MICE OF TIE SMERIFl= PEN N Y L .N I i HSBC Bank USA, N.A. Case Number vs. 2012-3675 Derek A. Getic(et al.) SHERIFF'S RETURN OF SERVICE 04/01/2013 05:15 PM -Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 111 Milky Way, Southampton -Township, Shippensburg, PA 17257, Cumberland County. 06/04/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/10/2013 07/10/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on July 10, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of HSBC Bank, USA, National Association,As Indenture Trustee of the FBR Securitization Trust 2005-1, Callable Mortgage-Backed Notes, Series 2005-1, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $976.97 SO ANSWERS, September 27, 2013 RONR ANDERSON, SHERIFF .DV . £c4 gas . co. . .S� LL Pte” ear 3D-)1( (c)CountySste Sheriff:Teleosoft Inc.