Loading...
HomeMy WebLinkAbout05-3725 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, PA 19103 (215) 563-7000 GSMPS MORTGAGE LOAN TRUST 2004-4 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS' -3"'1:1..0 c;u:C-r€R-hl CUMBERLAND COUNTY v. MICHAEL L. HERZOG 428 ARCH STREET CARLISLE, PA 17013 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 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 LA WYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Reterral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PAt 70 I 3 (800)990-9108 File #: 119790 File #: 119790 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 OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERI FICA TION 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 THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT 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 GSMPS MORTGAGE LOAN TRUST 2004-4 ] ]200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL L HERZOG 428 ARCH STREET CARLISLE, PAl 70] 3 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 06/28/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1763, Page: 4483. By Assignment of Mortgage recorded 07/02/002 the mortgage was Assigned To W ASHlGTON MUTUAL BANK. FA. which Assignment is recorded in Assignment Of Mortgage Book No, 688, Page 1759. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 02/01/2005 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#: 119790 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2005 through 07/21/2005 (Per Diem $11.55) Attorney's Fees Cumulative Late Charges 06/28/2002 to 07/21/2005 Cost of Suit and Title Search Subtotal $64,857.48 2,333.10 1,250,00 130.66 $ 550,00 $ 69,121.24 Escrow Credit Deficit Subtotal 0,00 178.21 $ 178,21 TOTAL $ 69,299.45 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 Sheriff's Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 69,299.45, together with interest from 07/21/2005 at the rate of$11.55 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. PT-lELAN' ALLINAN & fC-HMI;7W.' A ' , ...,. 2.&Q ~,. ~a.4( By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 119790 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described, as follows, to wit: BEGINNING at a point on the Western line of Arch Street, said point being 60 feet in a Northerly direction from Willow Street; thence in a Northerly direction from Willow Street; thence in a Westerly direction by line parallel with Willow Street, 130 feet to a 10-foot alley; thence in a Northerly direction along the Eastern line of said alley, ] 5 feet to a point; thence in an Easterly direction along the line of property now or late of Jacob R. Naugle, 130 feet to Arch Street; thence in a Southerly direction along the Western line of Arch Street, 15 feet to the Place of BEGINNING, BEING the Southern 15 feet to Lot No. 56 on a Plan of Lots laid out by Jacob Livingston, which Plan is recorded in the Cumberland County Recorder's Office in Miscellaneous Book 12, Page 436, and being improved with the Southern one-half of a double two and one-half story brick dwelling house, being No. 428 Arch Street. BEING the same property which Mary E. Brymesser, widow, et aI., granted and conveyed to James R. Fulton and Martha S. Fulton, his wife, by deed dated April 29, 1994 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 104, Page 818. File #: ] 19790 VF,RTFTC'ATTON FRANCIS S, HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa, R, C. p, 1024 (c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel, 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, ~/~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 7/ ~ ! be; ~ -....... ~ '" ~ o .fQ l' U( It:.. ~ o ~ ~~ J:- -l:::. ..c: - }-' .....:.t r ~ 0 (:;-~, -01 Ul .-t ~ rhFJ r- C!J N --c' 1'0 8 1'".' (; ,1<-' ~ .}(') -,iT' -- '.::-~ .. :_'9 (J_ ;:... C-,J PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GSMPS MORTGAGE LOAN TRUST 2004-4 11200 WEST P ARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3725-CIVIL TERM MICHAEL L. HERZOG Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MICHAEL L. HERZOG and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 7/22/05 to 9/19/05 TOTAL $69,299.45 $693,00 $69,992.45 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached, 17~ fi,~~ DANIEL G, SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY A~ESSED AS INDICATED. . .....~ DATE: ~ .;tD0S: (!IL~Y. " . , PRO PROTHY/ - PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GSMPS MORTGAGE LOAN TRUST 2004-4 11200 WEST PARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3725-CIVIL TERM MICHAEL L. HERZOG Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MICHAEL L. HERZOG is over 18 years of age and resides at, 428 ARCH STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 'ff~JJ~ DANIEL G. SCHMIEG, ESIi'f{JIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW GSMPS MORTGAGE LOAN TRUST 2004-4 11200 WEST P ARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3725-CIVIL TERM MICHAEL L. HERZOG Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Ye.p+.:u 200S. ?! . ) B~ ~~~ If you have any questions concerning this matter, please contact: if~,JfJ~ DANIEL G. SCHMIEG, ESQ . Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.. PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sclnnieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 1?1 ,) ,li1-7000 GSMPS MORTGAGE LOAN TRUST 2004-4 Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MICHAEL L. HERZOG Defendants : NO. 05-3275 TO: MICHAEL L. HERZOG 428 ARCH STREET CARLISLE, PA 17013 DATE OF NOTICE: ATTr.TTST 25 2005 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 DEF AUL T 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 MAYBE 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 4 -D o D r 7C) ~ ~ ~ \l ~ .J: ~ ~ ~ ~ c::--' f"\ P--- -u n r D -I-- ----J:- r--> @ <J' ,n 1'" -0 N v:> ~ 'P o - ~ -' ;f,"JJ . 1- ...."M'\ -:nq ~-~C), "~._ '''(1 '-~:Q (;.0 Ls:rfl ~'\ ?"l.; ::<:. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GSMPS MORTGAGE LOAN TRUST 2004-4 Plaintiff, v. No. 05-3725-CIVIL TERM MICHAEL L. HERZOG Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $69,992.45 Interest from 9/19/05 to MARCH 8, 2006 (per diem -$11.51) $1,956.70 and Costs TOTAL $71,949.15 ~~J?(J~ DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 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. >. 0:; l~~ w8 <;2('_) ["-'.1- ~j~: '1'/;;) OL.~ wo.... -'tlJ l1..;E u.. o < "'.... O~ ~~ ~.... ~rJl z~ ~ t:. ~~ UZ "'S Ou ~~ O~ U~ ~~ (::> ~~e cr-. -- ::i M N CI.- w (/) '-'" C~ = "" ~> '"5 o ...,. , ~ ~ N ~ rJl ; ~ ~ o ,;, ,.;l ;. tS < l;.'i ~ ~ rJl ~ rJl l;.'i g a ~ ...s ,.;l ~ ~ g ~ e ~~ "'g ~'S ~ .. ~~ ~~ ~t\, O't '" 0 ...e- e: u ~ ... .... ~ .... < ~ :1 1 . ~ ... \.; ~ ...... ~ P-< rJl ~i ~ .~Ig oc L~< ~ ~ ;,; \3 -l3 ~ .:g :-;:: ~ - - -fI;' - - :1 ~r-6 - ~ 0 -=d~~ - - ~ '0 ('- 'V I '0 <:J \ () .J 0 (::J 0) () Cl It) (J I..t) () --. 0 () vi&, <l :::r t?- "'t- '"" ---. ~(") l..r) -----. "br -liL ~ t '" " ,&J ~ s t5 g. P- " ~ ~ ~ \..t) 0/ Vl ::t t ~ ~ ~ ---J ~ I ~ \ v , J ~ Ci. DESCRIPTION ALL THAT CERTAIN lot or piece of land with the improvements thereon erected situate in the Third Ward ofthe Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described, as follows, to wit: BEGINNING at a point on the Western line of Arch Street, said point being 60 feet in a Northerly direction from Willow Street; thence in a Northerly direction from Willow Street; thence in a Westerly direction by line parallel with Willow Street, 130 feet to a lO-foot alley; thence in a Northerly direction along the Eastern line of said alley, 15 feet to a point; thence in an Easterly direction along the line of property now or late of Jacob R. Naugle, 130 feet to Arch Street; thence in a Southerly direction along the Western line of Arch Street, 15 feet to the Place of BEGINNING. BEING the Southern 15 feet to Lot No. 56 on a Plan of Lots laid out by Jacob Livingston, which Plan is recorded in the Cumberland County Recorder's Office in Miscellaneous Book 12, Page 436, and being improved with the Southern one-half of a double two and one-half story brick dwelling house, being No. 428 Arch Street. BEING the same property which Mary E. Brymesser, widow, et aI., granted and conveyed to James R. Fulton and Martha S. Fulton, his wife, by deed dated April 29, 1994 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 104, Page 818. Being Parcel # 04-21-0320-582 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael L. Herzog by Deed from James R. Fulton and Martha S. Fulton dated 6-28-02, recorded 7-2-02 in Deed Book 252, page 2453. PREMISES BEING: 428 ARCH STREET, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-3725 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GSMPS MORTGAGE LOAN TRUST 2004-4, Plaintiff (s) From MICHAEL L. HERZOG (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enj ained as above stated. Amount Due $69,992.45 L.L. $.50 Interest FROM 9/19/05 TO 3/8/06 (PER DIEM - $11.51) - $1,956.70 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $114.00 Other Costs Plaintiff Paid Date: SEPTEMBER 23, 2005 (}~~ d2_ Prothonotary/ . f-' ? By: (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GSMPS MORTGAGE LOAN TRUST 2004-4 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL L. HERZOG NO. 05-3725-CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 'fJ~J!J~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ~ ~ ,n ,-r'I "0 N <..J ~ ? -'"'-<' f"i.'\f:: ~c QJ. -0 -( ;::}\<;), ~""n ~26 _/,--';\ 0" ~_A ""..~ .~ ~, ..,;r;'" 'P o - GSMPS MORTGAGE LOAN TRUST 2004-4 CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MICHAEL L. HERZOG CIVIL DIVISION Defendant(s). NO. 05-3725-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GSMPS MORTGAGE LOAN TRUST 2004-4, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .428 ARCH STREET, CARLISLE, P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL L. HERZOG 428 ARCH STREET CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of/ast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 428 ARCH STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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/8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 19.2005 DATE ~,)l Jr~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff () ~~;~ ,...., c:::) c;..) <J' (/) \"'1 -u N ,-", 1." ?;: -- ~ -' 'J,.:-n rn~ -nm cuy C?\C? ~,: :;, (~~l f~ ::-~ .r..'>" ~.~ 1...:? C) .------- GSMPS MORTGAGE LOAN TRUST 2004-4 Plaintiff, CUMBERLAND COUNTY v. No. 05-3725-CIVIL TERM MICHAEL L. HERZOG Defendant(s). September 19, 2005 TO: MICHAEL L. HERZOG 428 ARCH STREET CARLISLE, P A 17013 "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 AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY..' Your house (real estate) at, 428 ARCH STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $69,992.45 obtained by GSMPS MORTGAGE LOAN TRUST 2004-4 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to slrike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot or piece of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described, as follows, to wit: BEGINNING at a point on the Western line of Arch Street, said point being 60 feet in a Northerly direction from Willow Street; thence in a Northerly direction from Willow Street; thence in a Westerly direction by line parallel with Willow Street, 130 feet to a 10- foot alley; thence in a Northerly direction along the Eastern line of said alley, 15 feet to a point; thence in an Easterly direction along the line of property now or late of Jacob R. Naugle, 130 feet to Arch Street; thence in a Southerly direction along the Western line of Arch Street, 15 feet to the Place of BEGINNING. BEING the Southern 15 feet to Lot No. 56 on a Plan of Lots laid out by Jacob Livingston, which Plan is recorded in the Cumberland County Recorder's Office in Miscellaneous Book 12, Page 436, and being improved with the Southern one-half of a double two and one-half story brick dwelling house, being No. 428 Arch Street. BEING the same property which Mary E. Brymesser, widow, et aI., granted and conveyed to James R. Fulton and Martha S. Fulton, his wife, by deed dated April 29, 1994 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 104, Page 818. Being Parcel # 04-21-0320-582 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael L. Herzog by Deed from James R. Fulton and Martha S. Fulton dated 6-28-02, recorded 7-2-02 in Deed Book 252, page 2453. PREMISES BEING: 428 ARCH STREET, CARLISLE, PA 17013 Q ~;;;;: , ,. '.. ....., ~-"-? 6 en C/J Pl " N W ~ =2...,., rn~ -alT. ~n9 C~C) :~ r: :.f{ S~f~ u :;-~ ~D '-< ~ ~ "'!? c::':\ SHERIFF'S RETURN - REGULAR CASE NO: 2005-03725 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GSMPS MORTGAGE LOAN TRUST VS HERZOG MICHAEL L GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon HERZOG MICHAEL L the DEFENDANT , at 0017:59 HOURS, on the 4th day of August 2005 at 428 ARCH STREET CARLISLE, PA 17013 by handing to MICHAEL L. HERZOG a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.00 .00 10.00 .00 32.00 So Answers: r~~~t:~~ R. Thomas Kline 08/08/2005 PHELAN, HALLINAN & SCHMIEG Sworn and Subscribed to before me this :f81C.i> day of By: A.A t),.~~ Deputy She ff AU~4~D Prot 0 ary H.LE,U \...1 o.^ .J...v,oJ,L.VV..... .......l...v'J: ~C""1.'-'lL.. VV..l../VV..L. PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 Sandra Cooper Legal Assinant, En. 1258 Representing Lend en in Pennsylvania and New Jersey October 5, 2005 Office 0 f the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ATTENTION: JODY FAX: 717.240-6397 / Re: GSMPS MORTGAGE LOAN TRUST 2004-4 v. MICHAEL L. HERZOG No. 05-3725-CIVIL TERM Premises: 428 ARCH STREET, CARLISLE, PA 17013 Dear Jody: Please STAY the Sheriffs Sale of the above referenced property, which is scheduled fur MARCH 8, 2006" The sum of$73.266.65 was received in consideration fur the stay. Very truly yours, Sandra Cooper Nov. 10, 2005 - Original writ returned to the Prothonotary's Office. Nov. 10, 2005 - Copy of writ and $1,500.00 check (#452664) returned to Attorney Schmieg's office.