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Home My WebLink About10-2516Phelan 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 ivek 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 235935 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 3476 STATEVIEW BLVD FORT MILL, SC 29715 v. Plaintiff TONY L. HOBBS MARGUERITE B. HOBBS 6 CARDAMON DRIVE MECHANICSBURG, PA 17050-7990 Defendants FLED-Pjl"'* THE MMMOTARY 2010 APR 16 AM 11: 31 OWBERLAND COUNTY PD"YW A ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - Abl(p CiVi cmm CUMBERLAND COUNTY c # Qa. oo pa Aiv ?0 q-103a7 p.# 9'40&q9 File #: 235935 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 #: 235935 I . Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TONY L. HOBBS MARGUERITE B. HOBBS 6 CARDAMON DRIVE MECHANICSBURG, PA 17050-7990 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/31/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1939, Page 3469. By Assignment of Mortgage recorded 12/04/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200940420. 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(8); 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 12/01/2009 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 #: 235935 6. The following amounts are due on the mortgage: Principal Balance $284,125.53 Interest $7,199.68 11/0 1 /2009 through 04/14/2010 Attorney's Fees $650.00 Cumulative Late Charges $434.60 01 /31 /2006 to 04/14/2010 Costs of Suit and Title Search 550.00 Subtotal $292,959.81 Escrow Credit ($1,445) TOTAL $291,519.22 7. 8. 9 Plaintiff is nni seeking a judgment of personal liability (or an in nerr sonam 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 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 235935 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $291,519.22, together with interest from 04/14/2010 at the rate of $47.68 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 property. PHELAN LINAN & SCHMIEG, LLP By: W. ? Lawrence . 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 S eetal 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 #: 235935 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on northern right-of-way line of Cardamon Drive, said point being a common corner with Lot 26 of the Final Subdivision Plan for Ginger Fields, of which this is a part; THENCE, along said right-a-way line, North 55 degrees, 06 minutes, 55 seconds West, for a distance of 85.00 feet to a point, said point being a common corner with Lot 28, of the aforementioned subdivision plan, of which this is a part; thence, along Lot 28, North 34 degrees, 53 minutes, 05 seconds East, for a distance of 100.00 feet to a point, said point being along the property line of lands now or formerly of George Noll; thence, along lands of Noll and lands now or formerly of Lester Livingstone, South 55 degrees, 06 minutes, 55 seconds East, for a distance of 85.00 feet to a point, said point being a common corner with Lot 26, thence along Lot 26, South 34 degrees, 53 minutes, 05 seconds West, for a distance of 100.00 feet to a point, the POINT OF BEGINNING. CONTAINING 0.195 acres of land. BEING Lot 27 of the 'Final Subdivision Plan for Ginger Fields', as recorded in Book 80, Page 132, of Cumberland County Records. The improvements thereon being known as No. 6 Cardamon Drive. Parcel ID No. 38-21-0291-149 BEING the same parcel of ground which by deed dated November 9, 2001 and recorded among the Office of the Recorder of Deeds in and for Cumberland, Pennsylvania in Book No. 249, Page 1377 was granted and conveyed by Shan Mathias, t/a Eastern Development and Design unto Altieri Enterprises, Inc., the Grantor herein. Parcel ID No. 38-21-0291-149 File #: 235935 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. qO Atto f Plaintiff DATE: File #: 235935 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Plaintiff vs TONY L. HOBBS MARGUERITE B. HOBBS Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 10-2516-CIVIL TERM TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. P AN IJALLINAN & SCIJMIEG, LLP c Date: N _ y: M03 n ?? -r- -TI r- - Lawrence T. Phelan, Esq., Id. No. 3222 r 7 " N -I* F : rancis S. Hallinan, Esq., Id. No. 62695 ?v --- ° , Daniel G. Schmieg, Esq., Id. No. 62205 c ..Q c:) Michele M. Bradford, Esq., Id. No. 69849 zo '- =Z; Judith T. Romano, Esq., Id. No. 58745 j;c ? 7 --4 Sheetal R. Shah-Jani, Esq., Id. No. 81760 -? Jenine R. Davey, Esq., Id. No. 8707 7 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 Allison F. Wells, Esq., Id. No. 309519 PHS# 235935 Attorneys for Plaintiff