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Home My WebLink About05-1654 . PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0>; - /1..S1/ C;<.>;[ ~'1 CUMBERLAND COUNTY v. SARA R. DITTESS AIKI A SARA R ZETTLE 404 HILLSIDE ROAD NEW CUMBERLAND, P A 17070 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 HA VE 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 THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 113738 File#: 113738 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBT AIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THA T YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THA T TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: SARA R. DIITESS AIK/ A SARA R ZEITLE 404 HILLSIDE ROAD NEW CUMBERLAND, P A 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/29/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1861, Page: 385 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 12/01/2004 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 #: 113738 ~ 6. The following amounts are due on the mortgage: Principal Balance Interest 11/01/2004 through 03/28/2005 (Per Diem $13.19) Attorney's Fees Cumulative Late Charges 03/29/2004 to 03/28/2005 Cost of Suit and Title Search Subtotal $89,601.92 1,952.12 1,250.00 56.89 $ 550.00 $ 93,410.93 Escrow Credit Deficit Subtotal - 401.10 0.00 $- 401.10 TOTAL $ 93,009.83 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 93,009.83, together with interest from 03/28/2005 at the rate of$13.19 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN~MIEG,~P r;;/~ By: ~rancis S. Hallinan -- - . LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 113738 ALL nIAT CBRTAINtract orparoel orland situate in the Borouah of New Cmn~1and. Co1ll1ty of'Cumberlaud, md Scata cfPelJDsylvsma, bmoSIl1CIC fuU, dcsc:n"bed u follows. to wit: BBGlNNING atapoiDtat1he ~ ~otLot No. 17 and 1md. BOW or ~ofG<<do&. WiUis md C1yd.e 1. WilliI.<< ox; tbenec contfnuiq ala1g Lot No. 17.. north 71 degrees S I miautes 48 ueoudl ~ a ctiltaoce of 120.00 feel 10 . point; theftce continuing along }JI118JiIe R.oaL\ a 50 thot rigbt of way, SOIltb 18 degreos 08 ~ 12 ~ Cd. a ~ of50.oo feet to a poiDti theQce NIntInt""a aIoftg Lot No. J9, 80Dtb 71 cJa.&,.oos 51 minutes ~ aeooads weal. a ~ of 120.OQ feet Ig a point; tI:Hace ~ along Iaad now or formerly of GonIon W1I1ia IIt1d Oyde J. W11tis. er ux., north 18 ~ 08 mimJtca 12 sccoada west, . distance of 50.00 tecc to a point. th~ ,obrt and place ofBBGINNINO. . BHlNG known as Lot No. 18 on the Final Subdi'rision PJaa ofl'New Cumberland HoIDes". for DooaId B. SIikc.. ftlOOaIed In the 0Bifp piths ~c:r orr in aad eo.- Cumllllrlmcl County, Paansyl'vanil, iu PlIII1 Book..=if--. PIP I~. . PREMISES: 404 HILLSIDE ROAD . VERIFICA nON Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 5\8Lflo'S DATE: (.::) ..t.Q -,::) i If{ ~ V\ -l::. VI ~ - V ~ ~ \) -J Lrt () r-:- --:t t :F n (; :2. r...;) g c...n ~ ~ -<'-'M ;;iJ o ~n .-\ :J:-n il1P -a'~ :j ;1) ~:~~\ ~.~ -.,. ',',::I 'r -- w C> ~~ ::;: ,? ., (.,) CASE NO: 2005-01654 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DITTESS SARA R AKA SARA R ZETT CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin to law, says, the within COMPLAINT - MORT FORE was served upon DITTESS SARA R A/K/A SARA R ZETTLE DEFENDANT he at 404 HILLSIDE ROAD , at 1921:00 HOURS, on the 11th day of A ril 2005 NEW CUMBERLAND, PA 17070 SARA R DITTRESS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 12.58 .00 10,00 .00 40.58 Sworn and Subscribed to me this ~ day of ..~ ( 02 CO ~ G--,.J- tJ / Prothon 'Xfl~ before A.D. So Answers: d<'-/")/ ~. .~...,'?" >:,/ ,'':''''~/",''':e:~-<:: :/ "'~':~'l"'.'" R, Thomas Kline -/ /,/ - Deputy .. .,/ PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S, HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 A TTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. Plaintiff Court of Common Pleas Civil Division vs, Sarah R. Dittess Cumberland County Defendant( s) No. 05-1654 PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended, Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice, Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: Francis S. Hallinan, EsquIre Attorney for Plaintiff ] 13738 " ;.'...... ,~. ~J_"} "., ... t .....1