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Home My WebLink About05-1354PHELAN HALLINAN & SCHMIEG, ITT 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 CHASE HOME FINANCE LTC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. JAMES KOSER A/KJA JAMES R KOSER MABEL KOSF.R A/K/A MABEL J KOSER A/K/A MABLE KOSER 1482 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Of - CUMBERLAND COUNTY 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 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle. PA 17013 (800)990-9108 File 1_ 113332 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 VERIFICATION 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. v,1, 113332 Plaintiff is CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: JAMES KOSER A/KIA JAMES R KOSER MABEL KOSER A/KIA MABEL J KOSER A/K/A MABEE KOSER 1482 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01,109/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CHASE MANHATTAN BANK (USA), N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1361, Page: 351. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/08/2004 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. ._u. 1 1352 6. The following amounts are due on the mortgage: Principal Balance $88,522.43 Interest 4,104.04 09/08/2004 through 03/14/2005 (Per Diem $21.83) Attorney's Fees 1,250.00 Cumulative Late Charges 865.26 01/09/1999 to 03/14/2005 Cost of Suit and Title Search $J50 00 Subtotal $ 95,291.73 Escrow Credit 17638 Deficit 0.00 Subtotal $- 176.38 TOTAL S 95,115.35 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 95,115.35, together with interest from 03/14/2005 at the rate of $21.83 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. PHELAN HALLINAN & SCHMIEG, LLP BY: s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff -i,.a 113332 ALL the following described real estate lying and being situate in Hopewell Township and Upper Mifflin Township, Cumberland County, Pennsylvania, more particularly described as follows BEGINNING at a point in the center of TR 379; thence by lands now or formerly of Hays Leonard and following an old fence in part, North 2 degrees West 1285 feet to a point; thence by lands now or formerly of R.R_ Line, Jr., at al, North 64 degrees 16 minutes 3 seconds East 1533.6 feet to a point; thence by land now or formerly of Guy Cooper, South 26 degrees 15 minutes East 698 feet to a point; thence by lands now or formerly of Lee Bolen, South 15 degrees 5 minutes East 857 feet to a fence post; thence by land now or formerly of Frank Byers and along a fence row, South 1 degree 30 minutes West 1240 feet to a point in the center of TR 379 aforesaid; thence by the center of said road, North 68 degrees West 217 feet to and along a fence row, South 7 degrees 30 minutes West 561 feet to a post; thence by the same and along a fence row, North 70 degrees 30 minutes West 1606 feet to a post; thence by lands now or formerly of Dale R. Jumper and along a fence row, North 14 degrees 15 minutes East 627 feet to a point in the center of TR 379 aforesaid; thence by the center of said road, North 69 degrees 30 minutes West 204 feet more or less, to the place of beginning. SUBJECT HOWEVER TO restrictions of conveyances of certain tracts of real estate as set forth in Deed Book T, Volume 35, Page 114. BEING part of the same which Commonwealth National Bank, now Mellon Bank, by deed dated June 25, 1992, recorded In Cumberland County, Pa., Deed Book T, Volume 35, Page 114, conveyed to Jerry D. Saphore and Sandra M. Saphore, the grantees herein. premises: 1482 THREE SQUARE HOLLOW VERIFICATION BETH MORRIS hereby states that he/she is ASSISTANT SECRETARY of CHASE HOME FINANCE LLC SUCCESSOR BY MERGER WITH CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and 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. See, 4904 relating to unswom falsification to authorities. BETH MORRIS ASSISTANT SECRETARY DATE: ? r ? l ,T w , ? u. 1; SHERIFF'S RETURN - REGULAR CASE NO: 2005-01354 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS KOSER JAMES ET AL BRIAN BARR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT - MORT FORE was served upon KOSER JAMES AKA JAMES R KOSER DEFENDANT , at 2012:00 HOURS, on the 24th day of March at 1482 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 by handing to JAMES KOSER a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing His attention to the contents t Sheriff's Costs: Docketing 18.00 Service 14.80 Affidavit .00 Surcharge 10.00 Sworn and subscribed to before ?med this day of A. D. So Answers: R. Thomas Kline 03/28/2005 PHELAN HALLINAN S MIEG By: . Deputy Sheriff 'to law, 2005 SHERIFF'S RETURN - REGULAR CASE NO: 2005-01354 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS KOSER JAMES ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn accordii says, the within COMPLAINT - MORT FORE was served upon KOSER MABEL AKA MABEL J KOSER AKA MABLE KOSER DEFENDANT , at 2012:00 HOURS, on the 24th day of March at 1482 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 by handing to KOSER. HUSBAND to law, 2005 a true and attested copy of COMPLAINT - MORT FORE together and at the same time directing His attention to the contents with Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 nn 1 V . V V Sworn and Subscribed to before me this day of r1 1 `J A.D. Protho o ary So Answers: R. Thomas 03/28/2005 PHELAN HALLI By: ine YT SCHMIEG Deputy Sh PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE HOME FINANCE LLC I : I Court of Common Pleas S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs JAMES KOSER MABEL KOSER Defendant : I Civil Division : CUMBERLANDCounty : I No. 05-1354 PHS# 113332 TO THE PROTHONOTARY: PRAECIPE Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: October 29, 2008 '-? Francis Hallinan Attorney for Plaintiff C n cam"., Z7 Curtis R. Long Prothonotary OffiCe of the i9rotbonotarp CZumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor DS- L3sq -CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573