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Home My WebLink About12-15520 T1 10 IN 0 TA ij12 AN 9: `3 1 r ERI-ANG CCU NT`3 r' i E?z!5''!.VEE. ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 3415 VISION DRIVE COLUMBUS, OH 43219 281880 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff V. MICHAEL K. HOPKINS 202 LEEDS ROAD NEWVILLE, PA 17241-9549 Defendant TERM vq- 15 NO. 4" CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File k 281880 g ^1 S W Otyn? 1?3 . ? R cQ -7 ' 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 #_ 281880 Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL K. HOPKINS 202 LEEDS ROAD NEWVILLE, PA 17241-9549 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/19/2007 MICHAEL K. HOPKINS 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 Instrument No. 200738478. 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 02/01/2011 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 4. 281880 f 6. The following amounts are due on the mortgage as of 10/31/2011: Principal Balance $139,888.81 Interest $8,451.60 01/01/2011 through 10/31/2011 Property Inspections $56.00 Property Preservation $8.00 Escrow Deficit $2,571.92 TOTAL $150,976.33 7. Plaintiff is not seeking a judgment of personal liability (or an in personam 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $150,976.33, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLI SCHMIEG, LLP Allison F. YeN, Esquire File #: 281880 . ?1 LEGAL DESCRIPTION ALL, that certain lot of ground with the :improvements thereon erected, situate in Penn Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a certain survey by Thomas A. Neff, Registered Surveyor, dated September 15, 1965, as follows: BEGINNING at a spike in the center line of Township Route No. 349 at corner of land now or formerly of Daniel M. Bucher, et ux.; thence along the center line of said Township Route No. 349, South 80 degrees 35 minutes West 109.05 feet to a spike on the Eastern side of a 16 foot lane, thence by the Eastern side of said 16 foot lane, North 6 degrees 19 minutes West 297.80 feet to a spike in line of land now or formerly of Curven G. Laughman; thence by said land now or formerly of Curven G. Laughman, South 80 degrees 10 minutes East 80.10 feet to a stake on line of land now or formerly of Daniel M. Bucher, et ux,; thence by land now or formerly of Daniel M. Bucher, et ux., South 13 degrees 04 minutes East 271.50 feet to a spike in the center line of Township Route No. 349, the Place of BEGINNING. CONTAINING.602 Acre and being improved with a dwelling house known as 202 Leeds Road, New-ville, PA 17241. BEING the same premises which David S. Penner and Mary I. Penner, his wife, by deed dated April 14, 1992 and recorded April 14, 1992 in the Cumberland County Recorder of Deeds Office in Book P35, page 716, granted and conveyed unto Vallery A. Clouse, single person. File #: 281880 BEING the same premises which became vested in Michael K. Hopkins by deed of Vallery A. Clouse dated September 19, 2007 and recorded contemporaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County. Parcel # 31-33-1910-024 PROPERTY ADDRESS: 202 LEEDS ROAD, NEWVILLE, PA 17241-9549 PARCEL # 31-33-1910-024 File #. 281880 a VERIFICATION ?I,• a •, =T c ,hereby states that he/she is of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: kY i - I--4 -- "a,U 1,A File#: 281880 Name: HOPKINS me: / l Title: Elma Hopie Vice President JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File 4 _ 281890 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 8 ? ?' ? ? F ^J i t 1 t ? . . 2112 NA 28 A 8: L I Richard W Stewart Solicitor y g ?, -,,. --C- -JUN PENNSY' 'v'AMA JP Morgan Chase Bank, NA vs. Michael K. Hopkins Case Number 2012-1552 SHERIFF'S RETURN OF SERVICE 03/19/2012 03:03 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2012 at 1503 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael K. Hopkins, by making known unto himself personally, at 202 Leeds Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $40.00 March 21, 2012 DENN RY, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ri (.Gl@lt 1tf i.c.' [E c ;0't_InG_ i -r ILED-0F ICr. LIB= THE. FROTHONCTAR Phelan Hallinan & Schmieg, LLP 2012 AUU -8 AM 10' 46Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 JPMORGAN CHASE SANK, NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division vs CUMBERLAND County MICHAEL K. HOPKINS No. 2012-1552 CIVIL Defendant TO THE, PROTHONOTARY: PRAECIPE ® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ? Please Vacate the judgment entered and mark the action Discontinued and Ended without ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ? Please Vacate the Judgment entered. Date: L/ 11 " P LINAN CHMIEG, LLP Allison F. Wel s, Esq., Id. No.309519 Attorney for Plaintiff PHS # 281880 r JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County MICHAEL K. HOPKINS Defendant No. 2012-1552 CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: Phelan Hallinan & Sehmieg, LLP Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 MICHAEL K. HOPKINS 202 LEEDS ROAD NEWVILLE, PA 17241-9549 Date: _ q 11 V y n F. Wel s, Esq., Id. No.309519 Attorney for Plaintiff PHS # 281880