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Home My WebLink About10-2196Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 226294 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. ERIC J. HOSKINS REBECCA C. HOSKINS 12 TEABERRY DRIVE CARLISLE, PA 17015-9041 Defendants ^T4 ?fVll THE 2010 MAR 31 AH 10: CUMEI,- '-ply ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ID -al% a-wil (erm CUMBERLAND COUNTY O $9a.00 AA AT v &T930504 e.139 h 1l File #: 226294 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 #: 226294 Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE, COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: ERIC J. HOSKINS REBECCA C. HOSKINS 12 TEABERRY DRIVE CARLISLE, PA 17015-9041 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 03/31/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COLDWELL BANKER HOME LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1945, Page 1607. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 226294 6 The following amounts are due on the mortgage: Principal Balance $206,535.25 Interest $12,224.40 05/01/2009 through 03/30/2010 (Per Diem $36.60) Attorney's Fees $650.00 Cumulative Late Charges $472.92 03/31/2006 to 03/30/2010 Costs of Suit and Title Search 550"00 Subtotal $220,432.57 Suspense Credit $0.00 Escrow Credit $0.00 Deficit $564.76 Subtotal 564.76 TOTAL $220,997.33 7 8. Plaintiff is not seeking a judgment of personal liability (or an in nersr onam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendants 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. File #: 226294 WHEREFORE, Plaintiff demands an in rum judgment against the Defendant(s) in the sum of -. $220,997.33, together with interest from 03/30/2010 at the rate of $36.60 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged HALLINAN & SCHMIEG, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judi "T. Romano, Esq., Id. No. 58745 E Sh tal R. Shah-Jani, Esq., Id. No. 81760 nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 226294 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, as described in accordance with Final Subdivision Plan for The Meadows IV, Phase 2-B, prepared by Hartman & Associates, Inc., Engineers & Surveyors, dated November 6, 1992, and revised January 21, 1993, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Teaberry Drive, a 50 foot right-of-way, said point being the northeastern corner of Lot No. 5 on the aforementioned Plan; thence along said Lot No. 5, South 64 degrees 30 minutes 42 seconds West, a distance of 327.28 feet crossing the 100 year flood line to the low-water mark of the Conodoguinet Creek; thence along said creek, North 32 degrees 37 minutes 00 seconds West, a distance of 100.78 feet to a point at the southwestern corner of Lot No. 7 on the aforementioned Plan; thence along said Lot No. 7, North 64 degrees 30 minutes 42 seconds East, a distance of 339.79 feet recrossing the 100 year flood line to a point at the western right-of-way line of said Teaberry Drive; thence along said Teaberry Drive, South 25 degrees 29 minutes 18 seconds East, a distance of 100.00 feet to a point and place of BEGINNING. CONTAINING 33,353.50 square feet. BEING known as Lot No. 6, Phase 2-B, The Meadows IV, recorded in Cumberland County Plan Book 66, Page 106. BEING known and numbered as 12 Teaberry Drive, Carlisle, Pennsylvania. File #: 226294 BEING THE SAME PREMISES which Derrick P. Williamson and Barbara J. Williamson, by Deed dated January 6, 2003, and recorded January 17, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 255, Page 2000, granted and conveyed unto Barbara J. Williamson. The said Barbara J. Williamson, now known as Barbara Williamson Gleim, has since intermarried with Tracy K. Gleim, who joins in this conveyance to divest all right, title and interest in said property. PARCEL# 21-05-0433-241 File #: 226294 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn 3 DATE: File #: 226294 SEP 2 7Zutu IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Chase Home Finance, LLC Civil Division -- vs No. 10-2196- Civil Term r i . Eric J. Hoskins 771 ?. t J Rebecca C. Hoskins `-r 60 ORDER .., --1 F-) CD P AND NOW, this day of 2010, upon -A ; consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendants, Eric J. Hoskins and Rebecca C. Hoskins, by: Posting of the premises: 12 Teaberry Drive, Carlisle, PA 17015 by the Sheriff or a non-party competent adult; 2. First class mail to Eric J. Hoskins and Rebecca C. Hoskins at the last known address, 3896 Morning Glory Drive, Castle Rock, CO 80109, and the mortgaged premises located at 12 Teaberry Drive, Carlisle, PA 17015; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. Cc: Eric J. Hoskins and Rebecca C. Hoskins 12 Teaberry Drive Carlisle, PA 17015 Eric J. Hoskins and Rebecca C. Hoskins PHS## 226294/JRA BY T COURT: J. 104 2 4/ /cbi?'1 of cu David D. Buell , e Renee X Simpson cProthonotay 15 Deputy cProthonotay O , k_:— o, f f z firkS. Solionage, ESQ � �; Irene E. �I�torrow Solicitor „so 2"Y Deputy Prothonotary Office of the cProthonotary Cumberland County, Pennsylvania 101); 9&. CIVIL TERM ORDER OF TERMINATION OURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • ¶Fa.�(717)240-6573