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Home My WebLink About10-4094I? FILErD-' 2 111U1i 17 PH 2: 4t Phelan 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 ?laime 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 237072 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. C. STEPHEN KINGSBOROUGH LINDA J. KINGSBOROUGH 928 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 Defendants File #: 237072 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - 409'` (Iyil Term CUMBERLAND COUNTY 0 -J4a.00 PQ Arn C' glo14g3 Q,?" at439a$ 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 #: 237072 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: C. STEPHEN KINGSBOROUGH LINDA J. KINGSBOROUGH 928 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/31/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FLAGSTAR BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1799, Page 4234. 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 01/01/2010 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 #: 237072 6. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2009 through 04/14/2010 (Per Diem $28.37) Attorney's Fees Cumulative Late Charges 01 /31 /2003 to 04/14/2010 Mortgage Insurance Premium / Private Mortgage Insurance Costs of Suit and Title Search TOTAL 7 8. $176,237.68 $3,848.46 $650.00 $234.24 $102.30 15-50-00 $181,622.68 Plaintiff is not seeking a judgment of personal liability (or an in perm 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. File #: 237072 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $181,622.68, together with interest from 04/14/2010 at the rate of $28.37 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. By: PHELAN HALLINAN & SCHMIEG, LLP 0c U 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 Attorneys for Plaintiff File #: 237072 LEGAL DESCRIPTION ALL that certain tract of land in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin at the Northern Right of Way Line of the Alexander Spring Road, a 33 foot wide right of way, and at the Southeast corner of Lot No. 4 of the hereinafter mentioned Plan of Lots, North 24 degrees 45 minutes West 295 feet to an iron pin; thence by other lands of the grantors North 65 degrees 15 minutes East 120.55 feet to a point; thence by the same North 31 degrees 21 minutes 40 seconds East 22.67 feet to an iron pin at the northwest corner of Lot No. 6 of the hereinafter mentioned plan of lots; thence by the said Lot No. 6 South 36 degrees 56 minutes 26 seconds East 302.85 feet to an iron pin on the Northern dedicated right of way line of the said Alexander Spring Road; thence by the said Northern dedicated right of way line of the Alexander Spring Road along an arc having a radius of 200 feet 82.35 feet in a western direction to an iron pin on the Northern dedicated right of way line of the Alexander Spring Road; thence by the northern right of way line of the said Alexander Spring Road South 65 degrees 15 minutes West 122.08 feet to an iron pin on the northern dedicated right of way line of the Alexander Spring Road, the place of beginning. Being Lot No. 5 on the Plan of Lots known as Dickinson Farms, recorded in the office of the Recorder of Deeds in and for Cumberland County, Penna., in Plan Book 29, page 41. PARCEL NO. 08-09-0523-042 PREMISES: 928 ALEXANDER SPRING ROAD, CARLISLE, PA 17015-9183 File #: 237072 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. C 0-"'Soz " Attorney for Plaintiff DATE: (-o- 11, ID File #: 237072 ~` Phelan 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 CHASE HOME FINANCE LLC Plaintiff vs. 2010 ,~~L -1 Po'E !~~ 13 ~'~i vi~iv~~,.~t`i~l~tii,~'~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4094-CIVIL TERM C. STEPHEN KINGSBOROUGH CUMBERLAND COUNTY LINDA J. KINGSBOROUGH Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 237072 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan &Schmieg, LLP Attorney Plaintiff r By: U" ~C ^ Lawrence 'I'. 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 Date: 6-29-10 PHS #: 237072 VERIFICATION Whitney K. Cook ,hereby states that he/she is CHASE HOME FINANCE LLC, servicing agent for Plaintiff in this matter, CHASE HOME FINANCE LLC, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. DATE: Tu~v~ 2nD File #: 237072 K. Cook Vice President of, Vice President Servicer: CHASE HOME FINANCE LLC Name: KINGSBOROUGH ~~ RECEIVE JUN 1 4 2D10 Default Corr Phelan 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 CHASE HOME FINANCE LLC Plaintiff vs. C. STEPHEN KINGSBOROUGH LINDA J. KINGSBOROUGH Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4094-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: C. STEPHEN KINGSBOROUGH 928 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 PHS #: 237072 LINDA J. KINGSBOROUGH 928 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 Phelan Hallinan & Schmieg, LLP Atto y for Plaintiff By: ~ livv~..l. ~~ ~, . ^ 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 Date: 6-29-10 PHS #: 237072 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~~[~--,~~'r'~_ Sheriff , a ~~r+rtb ':~_~ ~-ir ~~'~' ~~=.`'"R'~ ~$~~ytt4 r~~~~~ Jody S Smith Chief Deputy ~~~ -~~~`.•; ~~~~.~~~ _~ ~ ~~4~ Richard W Stewart ~ , tl Solicitor r3~~~c6 ..,.,,~SuE~i~~ ~U1V11~ a-~, . ~'~1~~ ~-''~I'v'i~d~Yl.Vr~~`~1~: Chase Home Finance LLC Case Number vs. 2010-4094 C. Stephen Kingsborough (et al.) SHERIFF'S RETURN OF SERVICE 06/24/2010 William Cline, Corporal, who being duly sworn according to law, states that on June 24, 2010 at 0950 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: C. Stephen Kingsborough, by making known unto himself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. i WILLIAM CLINE, DEPUTY 06/28/2010 08:35 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to laws tes that on June 28, 2010 at 2030 hours, he served a true copy of the within Complaint in ortgage o closure, upon the within named defendant, to wit: Linda J. Kingsborough, by making know n C. to hen Kingsborough, Husband of defendant at 928 Alexander Spring Road, Carlisle, Cumbe a oun ennsylvania 17015 its contents and at the same time handing to him personally the said tr cor ct opy of the same. N, DEPUTY SHERIFF COST: $49.40 June 29, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~c) CountpSuite Sheriff. Teleosoft. Inc. of c� David D. Buell Me Renee X Simpson 1Prothonota st o W ;`� Z 1 Deputy Prothonotary u �G Ipj� o .�` �a.r ;;IU� 7�irkS. Sofionage, ESQ _ ��<j Irene E. Morrow Solicitor 1750 27"Deputy Prothonotary Office of the Prothonotary Cum 6er/and County, Pennsylvania /6- ydgy CIVIL TERM ORDER OF TERMINATION OF COURT 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 o Suite 100 o Carlisle, PA 17013 • (717)240-6195 ' Fa (717)240-6573