HomeMy WebLinkAbout13-5594 Supreme Cour-t:of Pennsylvania
Courf4 Common Pleas
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C V><1 Covet, Sheet
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The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required b), law or rules of court.
S Commencement of Action:
O Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: GREEN TREE SERVICING LLC Lead Defendant's Name: JEFFREY C. HOCKER
T
I Are money damages requested? ❑Yes Z No Dollar Amount Requested: 11 within arbitration limits
0 (Check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑ Yes 59 No Is this an MDJ Appeal? ❑ Yes ❑x No
A Name of Plaintiff /Appellant's Attorney: Melissa J. Cantwell, Esq., Id. No.308912, Phelan Hallinan, LLP
❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not
S include mass tort) ❑ Employment Dispute:
❑ Slander/Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
I MASS TORT ❑ Other:
0 ❑ Asbestos
N ❑ Tobacco
• Toxic Tort - DES
• Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
• Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration
$ ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
N Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Dental ❑ Partition ❑ Replevin
❑ Legal ❑ Quiet Title ❑ Other:
❑ Other:
❑ Medical
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 01/01/2011
L'D�tl l il✓
THE PROTI�oRpTAR
013 SEP 24 AN 1o: 26
CUMBERLA COUNT Y
i'ENNs yLVAP41A
PHELAN HALLINAN, LLP
Melissa J. Cantwell, Esq., Id. No.308912
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia, PA 19103
Melissa .Cantwell @phelanhallinan.com
215 -563 -7000
GREEN TREE SERVICING LLC
1400 TURBINE DRIVE COURT OF COMMON PLEAS
RAPID CITY, SD 57703
CIVIL DIVISION
Plaintiff
V. TERM
JEFFREY C. HOCKER NO. ✓�� ///�
SHAWN R. HOCKER
57 KENSINGTON DRIVE CUMBERLAND COUNTY
CAMP HILL, PA 17011 -7911
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
G
t! U3 .
File #: 794839
a q 6cog
1. Plaintiff is
GREEN TREE SERVICING LLC
1400 TURBINE DRIVE
RAPID CITY, SD 57703
2. The name(s) and last known address(es) of the Defendant(s) are:
JEFFREY C. HOCKER r
SHAWN R. HOCKER
57 KENSINGTON DRIVE
CAMP HILL, PA 17011 -7911
who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described.
3. On 03/21/2006 JEFFREY C. HOCKER and SHAWN R. HOCKER made, executed and
delivered a mortgage upon the premises hereinafter described to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR AMERICA'S
WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of
Deeds of CUMBERLAND County, in Mortgage Book 1944, Page 4480. By Assignment
of Mortgage recorded 11/07/2011 the mortgage was assigned to BANK OF AMERICA,
N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA
COUNTRYWIDE HOME LOANS SERVICING, LP, which Assignment is recorded in
Assignment of Mortgage Instrument No. 201130914. The PLAINTIFF is now the
mortgagee 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 08/01/2011 and each month thereafter are due and unpaid, and by the terms
File #: 794839
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.
6. The following amounts are due on the mortgage as of 08/16/2013:
Principal Balance $96,696.82
Interest $12,839.15
07/01/2011 through 08/16/2013
Late Charges $0.00
Property Inspections $120.00
Escrow Deficit $5,006.41
TOTAL $114,662.38
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, Notice of Homeowner's
Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in
2008, 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 #: 794839
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$114,662.38, 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 HALLINAN, LLP
By.
Melissa J. Cantwell, Esq., . No.308912
Attorney for Plaintiff
File #: 794839
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land with improvements thereon erected situate in
Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and
described as follows:
BEGINNING at a point on the northerly line of Kensington Drive which point is 1,068.91 feet
north and east of the northwesterly corner of Juniper Lane and Kensington Drive and at the
dividing line between Lots Nos. 31 and 30, Block A, on the hereinafter mentioned Plan of Lots;
thence along said dividing line North 44 degrees 10 minutes West 125 feet to a point at the
southerly line of land now or late of Williams and Rittner; thence along same North 45 degrees
50 minutes East 75 feet to a point at the dividing line between Lots Nos. 29 and 30, Block A, on
said Plan; thence along said dividing line South 44 degrees 10 minutes East 125 feet to a point on
the northerly line of Kensington Drive, aforesaid; thence along same South 45 degrees 50
minutes West 75 feet to a point, the place of BEGINNING.
HAVING ERECTED thereon a dwelling house being known and numbered as 57 Kensington
Drive.
BEING Parcel No. 13 -25- 0022 -033
PROPERTY ADDRESS: 57 KENSINGTON DRIVE, CAMP HILL, PA 17011 -7911
PARCEL #13 -25- 0022 -033
File #: 794839
VERIFICATION
Gt l ham , hereby states that he /she is �Or (,51 of GREEN TREE
SERVICING LLC, Plaintiff in this matter, that he /she is authorized to make 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 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: 9 —( �� 3
Name:
Title: RxCCtct�A 0 - S�frc(`C ( e �t
GREEN TREE SERVICING LLC
File #: 794839
Name: HOCKER
File k 794839
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 #: 794839
i FORM 1
IN THE COURT OF COMMON PLPAS
GREEN TREE SERVICING LLC OF CUMBERLAND COUNTY, PENN;MVAMA _
Plaintiff(s) may, � m
t
vs. � > - CD
JEFFREY C. HOCKER )> Cn
SHAWN R. HOCKER = �}
Defendant(s) Civil <., X>
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact Mid'enn Legal Services at (717) 243 -9400
extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal represotative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity tomeet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
SE P 2 3 2013
Date Melissa J. Cantwell, Esq., Id. No.308912
Attorney for Plaintiff
i
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM ER/PRI MARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
INFORMATION FINANCIAL
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2 nd Mortgage Utilities
Car Payment(s) ) Condo/Neigh. Fees
Auto Insurance Med. not covered
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Mone
Da /Child Care /Tuft. I Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency: Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
I /We, , authorize the above named
to use /refer this information to my lender /servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson iL 1-0-0f`R C
Sheriff I
N E PRTT�mo TAi��
SN
Jody S Smith
Chief Deputy 2013 OCT -3 PM 2: 4 2
Richard W Stewart n CUMBERLAND COUNTY
Solicitor M CC OF VVE SMERIFC PENNSYLVANIA
Green Tree Servicing, LLC
vs. Case Number
Jeffrey Shawn Hocker(et al.) 2013-5594
SHERIFF'S RETURN OF SERVICE
09/27/2013 03:47 PM-Deputy Jamie DiMartle, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Jeffrey
Shawn Hocker at 57 Kensington Drive, Lower Allen, Camp Hill, PA 17011.
JtIIE DIMARTIL"ERLITY
09/27/2013 03:47 PM-Deputy Jamie DiMartle, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Shawn
Hocker at 57 Kensington Drive, Lower Allen, Camp Hill, PA 17011.
i IE DIMARTLEdEPUTY
SHERIFF COST: $60.95 SO ANSWERS,
. 11
x 0
September 30, 2013 R—O–NWR–ANDERSON, SHERIFF
(C)CountySufte Shenft Teleosoft,Inc,
_ry
� 1-
PHELAN HALLINAN, LLP 9, " LL.F%
D. Troy Sellars, Esq., Id. No. 210302 -;:•„ E vi 1,4 Attorney for Plaintiff
126 Locust Street F
Harrisburg, PA 17101 i
ou i ='FRLt ND OUNTY
S.v:J
215-563-7000 x 1360 PENNSYLVANIA
GREEN TREE SERVICING LLC Court of Common Pleas
1400 TURBINE DRIVE
RAPID CITY, SD 57703 Civil Division
Plaintiff No. 13-5594-CIVIL
v.
Cumberland County
JEFFREY C. HOCKER rn CXJ , '
SHAWN R. HOCKER - e a f
57 KENSINGTON DRIVE -< ' _�
CAMP HILL, PA 17011-7911 '.-c , ;71
Defendants • '
4-7
MOTION TO LIFT CONCILIATION STAY �`
Plaintiff, Green Tree Servicing LLC, (hereinafter "Plaintiff'), by its attorney, D. Troy
Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof
avers as follows:
1. On September 24, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure
against Defendants for their failure to make monthly payments of principal and interest upon their
mortgage due August 1, 2011, and each month thereafter. A true and correct copy of the
Complaint is attached hereto, made part hereof and marked as Exhibit"A".
2. On September 27, 2013, Plaintiff completed service of the Complaint in Mortgage
Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion
Program Notice upon the Defendants. A true and correct copy of the Sheriff's Return of Service
is attached hereto, made part hereof and marked as Exhibit"B".
794839
3. Pursuant to the Cumberland County Administrative Order February 28, 2012,
which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the
Foreclosure action is stayed for sixty (60) days from the date of service.
4. Within 60 days after service of the complaint, the Defendants may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request, the Court will schedule a Conciliation Conference. The program provides that
Defendants must contact MidPenn Legal Services within the first twenty(20) days of receipt of
notice if not represented by counsel.
5. If more than sixty (60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendants have not opted to participate in the
Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the
Diversion Program.
6. Defendants failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty (60) days of service.
7. Since Defendants have opted not to participate in the Diversion Program, it is
appropriate for the stay to be lifted.
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic
stay be lifted.
Respectfully submitted,
PHELAN A INAN, LLP
Date: J/as/ BY:
D. Troy S4I1ars, Esquire
Attorney for Plaintiff
794839
Exhibit "A"
52 28
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car rso xi
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PHELAN HALLINAN,LLP
Melissa J.Cantwell,Esq.,Id.No.308912
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia,PA 19103
Melissa.Cantwell @phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
1400 TURBINE DRIVE COURT OF COMMON PLEAS
RAPID CITY, SD 57703
CIVIL DIVISION
Plaintiff
v, TERM
JEFFREY C. ROCKER NO. }3» SS°M Uhl
SHAWN R. ROCKER
57 KENSINGTON DRIVE CUMBERLAND COUNTY
CAMP HILL,PA 17011-7911
Defendants
CIVIL ACTION-LAW
COMPLAINT IN MORTGAGE FORECLOSURE
. . .� t--CO?e Yith�n to tie a true ahe and
P1-SAS `ririina► ►AY`'�the
File#: 794839 ' r
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 ease may proceed without you, and ajudgmenl may be entered agthnst 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 properly or other rights
important to you.
YOU SHOULD TAKE'|B|8 PAPER TO YOUR LAWYER AT ONCE, lF YOU DO
NOT HAVE A LAWYER, 00 [0 OR TELEPHONE THE OFFiCE SET FOR'I'H BELOW.
THIS OFFICE CAN PROVIDE YOU VV|TBTNp0DMATlUN ABOUT HIRING A LAWYER.
IF YOU CANN()F AFFORD TO IflRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU W1'JIJ iNFORMAl ION ABOUTAGENCIFS THAT MAY OFFER
1. FOAL SERVICES TO ELIGIBLE PERSONS AJ'A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REpE8KA[.
U/x1BFi|ULAND COUNTY BAR ASSOCIATION
CUM BERLA ND COUNTY COUR'I'lIOIJsE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
(800)990-9108
, Plain ti if is
GREEN TREE SERVICiNG LEG
l400 TURBINE DRIVE
RAPID CITY, SD 57703
2. The name(s) and last known of the 1)efendant(s) arc:
JEFFREY C. IIOCKER
SHAWN D. l{0CKIIR
57 KENSINCIFON DRIVE
CAMP HILL, PA 17011-7911,
who is/are the TT]ortgagor(s) and/or real owner(s) of the property hereinafter described.
3 On 03/21/2006 JEFFREY C. MOCKER and SHAWN R. MOCKER made, executed and
delivered a mortgage upon the premises hereinafter described to MORTGAGE
FLECIRONIC REGISTRATION SYSTEMS, INC, AS A NOMINEE FOR AMERICA'S
WMOLESAIE LENDER, which mortgage is recorded in the Office of the Recorder of
Deeds of CUMBIf KLAN!) County, in Mortgage Book 1944, Page 4480. By Assignment
of Mortgage recorded 11/07/2011 the mortgage was assigned to BANK OF AMERICA,
N.&, SUCCESSOR BY MERGER TO B&C OOMEJ.0AN8 SERVICING, LP FKA
COUNTRYWIDE HOME LOANS S| lVICING, LP, which Assignment is recorded in
Assignment a!'Mortgage Instrument No. 201130914. The ]"|,A)N7]yPiu now the
mortgagee and is in the process of fornializing an assignment of same, The mortgage and
ansigurnco|(o)' it'any, ore matters ol'public record and are incu/Tmoatod herein by
rcffrence in accordance widbPo'll.C.Y. 1019(8); which Rule relieves the Plaintiff(roni its
obligations to attach documents (o pleadings if those doculTients are of pub ic 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 08/0}/Z0l l and each month thereafter are due and unpaid, and by the terms
. .
of said mortgage, unon Ihilure of Mortgagor to make such payments after udate specified
by written notice sent to Mortgagor, the entir principal balance and all inierest due
thereon are collectible forthwith
6 The following, amounts are due oo the mortgage uuo[UO/ld/20|3:
Principal Balance $96`696.82
Interest $12,839,15
07/Ul/20ll through 00/16/2Ol}
|.ado Charges $0.00
Property Inspections $120.00
Escrow Deficit $5,{06,4[
TOTAL S3l4,663.38
7, Plaintiff is imt seeking a judgment of personal liability (or an in persontun judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such tight 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
pursuant uP Pennsylvania
usp conny vunix I un/,
8 Notiec of Intention to Foreclose as set forth in Act 6of]074'Notice o[Homeowner's
Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in
2008, and/or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Do(eudaot(s) oo d6edute(m) aecb`rth thereon, and the temporary stay as
provided by said notice >m y��er i utcdb because Defendant(s) h o /h ave 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.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$114,662.38,together with interest, costs, fees, and charges collectible under the mortgage
including but not lithited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN IIALLINAN,LLP
Melissa J. Cantwell, Fj"..'lir No.308912
Attorney for Plaintiff
H1c 4 c34839
LEGAL DESCRIPTION
ALL l'HAT CERTAIN tract or parcel of land with improvements thereon erected situate in
.ower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and
described as follows:
LIIiGIN1NING at a point on the northerly line of Kensington Drive which point is l,0689l feet
north and east of the northwesterly corner offuniper Lane and Kensington Drive and at the
dividing line between Lots Nos, 31 and 30, Blook A, on the hereinafter mentioned Plan of Lots;
thence along said dividing line North 44 degrees 10 minutes West 125 feel to a point at the
southerly line of land now or late of Williams and Rittner; thence along same North 45 degrees
50 minutes East 75 iem\{u a point at the dividing line between Lots Nos. 29 and 30` Block A,on
said Plan; thence along said dividing line South 44 degrees 10 minules East 125 feet to a point on
the northerly line of Kensington Drive, aforesaid; Lbcnoe along same South 45 degrees jO
minutes West 75 feet toupoint, the place of BLUINNING.
HAVING FREOlFI) thereon a dwelling house being known and numbered as 57 Kensington
Dri ve,
BEING Parcel No, 13'25-0022-023
PROPERTY ADDRESS: 57 KENSINGTON DRIVE, CAMP HILL, PA 17911-7911
P/k0C%I1. #13-25-0022-033
p./^x m,xu
FORM
[N THE COURT 0[COMMON FLEAS
GREEN TREE SERVICING F.t.0 OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
m.
JEFFREY C.g0CK8R
SHAWN R. ROCKER
Dulenduot(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have heel) served with a foreclosure complaint that could cause you to lose yoiit home.
If you own and live in the residential property which is the subect of this foreclosure action,you nay be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lendei.
If you do not have a lawyer,you must take the tollowiug steps to be.eligible For a conciliation conference,
First,within twenty(20)days of your receipt of this notice,you must contact MiTvmn Legal Services ut(7i7)213'Y'm0
extension Z5|Om(8OO) 822'5288 extension 25|U and request appointment u[a legal representative otuo charge myou.
Ovcvyoukuvrheenxppniotedolvgo(rop,vu,nmrive. youmoopmmpt/y/nrnt with that legal represtative within
twenty(3O)days v the appointment dale. During that meeting,you must provide the legnl epresentative with all
requested financial information so that a loan resolution proposal can he prepared on your behalf If you artd your legal
representative WITIplete a financial worksheet in the format attached hereto,the legal representative will prepare and a
Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the
Service upon you of'the foreclosure ocuuplaiot. liyou do so and a conciliation conference nce is scheduled,you will have an
opportunity to meet with a representative o f your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure iait proceeds forward.
If you are represented by a lawyer,you and your lawyer must take time following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Lega Service for the appointment of legal
representative, Ifowever,you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared aim your betialt.Kyno and your lawye complete a financial worksheet in the format attached
hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed
within sixty(60)days ofthc service upon you oldie foreclosure complaint. If you do so and a conciliation conference IS
scheduled,you will have an vp;v,m^ity to meet with a represetitatwe of your |,ndp in an attempt to war-k out reasonable
arguments with your lender before. the mortgage foreclosure suit proceeds forward.
IF YOU WISH:n»SAVE YOUR DOME, YOU mVsr ACT QUICKLY AND TAKE rVE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Kcxpccuk/Uy*Uxuiood:
--?
-_ - `-
[*u
Melissa 3. Cantwell, F.oy. Nv.:10891?
A Henley for Plaintiff
•
• •
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
C umbel land County C2out of Common Pleas Doeket-#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOMER/PRIM MO A I'M.1('A NT
Borrower name(s):
Property Address:
City: State: Z:o:
Is the property for sale Yes No 1 dsting date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes Li No 1:i
Mailing Address(if different):
City: State: Zip.
Phone Numbers: Home: Office:
Cell: Other:
Email:
it of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
iNFoRmATIoN
Firs i Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan
Second Mortgage Lender,
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance.
Date of Last Payment:
Pt innnv Reason tor Default:
is the loan in Bankruptcy? Yes Ej No
If yes,provide names, location of court,case number& attorney:
Assets Amount Owed. Value:
Home: $
Other Real Estate;
Retirement Funds:
Investments:
Checking:
Savings:
Other;
/\!,[1.PITIORV#l; Model: Year:
Amount owed: Value:
Automobile 42: Model: Year:
Amount owed: Value:
Other transportation(tutomobiles,boats,motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
Monthly Gross Monihly Net
NIOSITilk Gross Monthly Net
3, Monthly Gross Monthly Nel-
Additional Imiome Description (not wages):
monthly amount:
2, monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2 Mortga go Utilities
Car Payment(s) Condo/Ncigh, Fees
Auto Insurance Med. (not covered)
Auto fuePrepairs Other prop. payment
Install.Loan Payment Cable TV
Child Support/Ahm. Spending Money,
Day/Child Care/Init. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
have you been working with a [lousing Counseling Agency?
Yes No j
If yes, please provide the fellowing information:
(. .)'fl L' Agen::,y- Counselor:
Phone(Office): Fax:
•
------~
•
Email: ___
Have you made application fir Homeowners imergency Mortgage Assistance Program (RE&1&P)
assistance?
Yes 7 No Li
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve yout
delinquency?
Yes [l No El
][yes,please iodiou|r the status nf those negotiations:
_____________ _
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact(Name): _Phmne:_
Servicing Company(Name)'
Phone:
'ION����������''
1/We, . authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating ni.).
financial situation for possible mortgage options I/We understand that I/we am/are under no obligation 0
use the counseling stuvices provided by the above named
Borrower Signature Date
ure Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof nrincome
2. Past 2 bank statements
3. Proof'of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
VERIFICATION
, hereby states that he/she is c-0,--KV,134,c. "11-ex,IM of GREEN TREE
SERVICING LLC, Plaintiff in this matter, that he/she is authorized to make 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 information and belief. The undersigned understands that
this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unswom
falsification to authorities.
DATE: k
-I
Name:
I ale:
GREEN TREE SERVICING LLC
FileP: 794839
Name; HOCKER
Exhibit "B"
*ncrurr"s UI-I-ICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff 1‘w 0(Camber
Jody S Smith d
Chief Deputy VC'ti.�?►
Richard W Stewart
Solicitor Oel of THE SHERIFF
Green Tree Servicing,LLC
vs. Cass Number
Jeffrey Shawn Hooker(et al.) 2013-5594
SHERIFF'S RETURN OF SERVICE
09/27/2013 03:47 PM•Deputy Jamie DiMartle,being duly sworn according to law,served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint In Mortgage Foreclosure by
"personally"handing a true copy to a person representing themselves to be the Defendant,to wit Jeffrey
Shawn Hacker at 57 Kensington Drive,Lower Allen,Camp Hill,PA 17011,
I, 1 /4
IE DIMAR ++EPtJTY
09/27/2013 03:47 PM-Deputy Jamie DiMartle,being duly sworn according to law,served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint In Mortgage Foreclosure by
"personally"handing a true copy to a person representing themselves to be the Defendant,to wit:Shawn
Hooker at 57 Kensington Drive,Lower Allen,Camp Hill,PA 17011.
J IE OIMAR PUTY
SHERIFF COST:$60.95 SO ANSWERS,
September 30,2013 RONO R ANDERSON,SHERIFF
r i
(c)CounlySulI*Shrift,TNs000,Ino,
.6Y 6 AA 6,*V66,6666666,AV6666666,6666,6666,66666666666 y 666 96.66,6SA*-6.6666,66666666666,66666,66666,666. 66666 6 - -66
PHELAN HALLINAN, LLP
D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 1360
GREEN TREE SERVICING LLC Court of Common Pleas
1400 TURBINE DRIVE
RAPID CITY, SD 57703 Civil Division
Plaintiff No. 13-5594-CIVIL
v.
Cumberland County
JEFFREY C. HOCKER
SHAWN R. HOCKER
57 KENSINGTON DRIVE
CAMP HILL, PA 17011-7911
Defendants
CERTIFICATION OF SERVICE
I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiff's
Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the
person listed below on the date indicated:
JEFFREY C. HOCKER
SHAWN R. HOCKER
57 KENSINGTON DRIVE
CAMP HILL, PA 17011-7911
Date: 07),-9-S—/
D. Troy Se rs, Esquire
Attorney for Plaintiff
794839
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
GREEN TREE SERVICING LLC
1400 TURBINE DRIVE
RAPID CITY, SD 57703
Plaintiff
v.
JEFFREY C. HOCKER
SHAWN R. HOCKER
57 KENSINGTON DRIVE
CAMP HILL, PA 17011-7911
Defendants
Court of Common Pleas
Civil Division
No. 13-5594-CIVIL
Cumberland County
ORDER
AND NOW, this S' of 046r-a , 2014, upon consideration of
Plaintiffs Motion to Lift Conciliation Stay in the above captioned matter, it is hereby
ORDERED and DECREED that this matter is removed from the Cumberland County
Residential Mortgage Foreclosure Diversion Program; it is further
ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed
with its Mortgage Foreclosure Action.
cc (■..T;ffrey C. Hocker
../lhawn R. Hocker
Troy Sellars, Esq., Id. No. 210302
Attorney for Plaintiff
794839 CO p 02444
3/10, /
c
CD
c
PHELAN HALLINAN, LLP
D. Troy Sellars, Esq., Id. No. 210302
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 1360
JEFFREY C. HOCKER
SHAWN R. HOCKER
57 KENSINGTON DRIVE
CAMP HILL, PA 17011-7911
794839
'4 •
Jonathan Lobb, Esq., Id. No.3121741cA 1'R 10 MI 11 14
1617 JFK Boulevard, Suite 1400 �,,� CPyU CflU�11
One Penn Center Plaza 1 "
�:;.� P%S1 ��ati1A
Philadelphia, PA 19103
Jonathan.Lobb @ phelanhallinan.com
215 -563 -7000
GREEN TREE SERVICING LLC
vs.
JEFFREY C. HOCKER
SHAWN R. HOCKER
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 13 -5594 -CIVIL
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against JEFFREY C. HOCKER and
SHAWN R. HOCKER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint
within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and
assess Plaintiff's damages as follows:
As set forth in Complaint $114,662.38
TOTAL $114,662.38
I hereby certify that (1) the Defendants' last known address is 57 KENSINGTON
DRIVE, CAMP HILL, PA 17011 -7911, and (2) that notice has been given in accordance with
Rule Pa.R.C.P 237.1.
Date Lf /q'iq
nathan Lobb, Esq., Id. No.3121.74
Attorney for plaintiff
DAMAGES Li HEREBY ASSESSED AS INDICATED. `1
DATE: '10,\A
PH # 794839 PROTHONOTARY
3
Q pel
C.104 1001
6943c9)*
CCUMdl
A'
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215 -563 -7000
GREEN TREE SERVICING LLC
vs.
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
JEFFREY C. HOCKER
SHAWN R. HOCKER : No. 13 -5594 -CIVIL
AFFIDAVIT OF NON - MILITARY SERVICE
The undersigned attorney hereby verifies that he /she is the attorney for the
Plaintiff in the above - captioned matter, and that on information and belief, he /she has knowledge
of the following facts, to wit:
(a) that the defendant(s) JEFFREY C. HOCKER and SHAWN R. HOCKER are
not in the Military or Naval Service of the United States or its Allies, or otherwise within the
provisions of the Servicemembers Civil Relief Act, as amended.
(b) that defendant JEFFREY C. HOCKER is over 18 years of age and resides at
57 KENSINGTON DRIVE, CAMP HILL, PA 17011 -7911.
(c) that defendant SHAWN R. HOCKER is over 18 years of age and resides at 57
KENSINGTON DRIVE, CAMP HILL, PA 17011-7911.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date ' f l
Pl lan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215 -563 -7000
794839
Dsprartment of Defense Manpower Data Center
Results as of : Apr -09 -2014 12:09:15 AM
SCRA 3.0
Status Report
Pursuit to Servicemembers Civil Relief Act
Last Name: HOCKER
First Name: JEFFREY
Middle Name: C
Active Duty Status As Of: Apr -09 -2014
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA �'' ' ' i
_ . , - No
NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
- NA '.�
No ,.
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
• L
The Member or His /Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
.. NA • ,*.. ..
. . No
NA
This response reflects whether the individual or histher unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower, Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty.
rit
Mary M. Snavely- Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
Department of Defense Manpower Data Center
Results as of : Apr -09 -2014 12:09:05 AM
SCRA 3.0
Status Report
Pursuant to Servicem.enbers Civil Relief Act .
Last Name: HOOKER
First Name: SHAWN
Middle Name: R
Active Duty Status As Of: Apr -09 -2014
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA
No . %
NA
•
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Da s of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA
No
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His /Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
- NA -:'a, . _
No
NA
This response reflects whetherthe individual or his /her Unit has received early notification to report for active duty
v,
Upon searching the data banks of the Department of Defense Manpower Data Center ;based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely- Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
'rr
GREEN TREE SERVICING LLC '
Plaintiff
v. .
JEFFREY C. ROCKER
SHAWN R. HOCKER
Defendant(s) • ' CUMBERLAND COUNTY
COURT OF C~OMMON.PLEAS ` ., •
CIVIL :DIVISION • •
NO. 13- 5594 -CIVIL •
TO . SHAWN R. HACKER
57 KENSINGTON DRIVE
CAMP HILL, PA 17011-7911
DATE OF NOTICE:
3�a84`(
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
I- IE.REIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE: IF YOU .HAVE PREVIOUSLY RECEIVED A,DISCHARGE IN, BANKRUPTCY,
THIS CORRESPONDENCE IS'.NOT AND SHOULD NOT BE'•CONSTRUED TO BE .AN-
'ATTEMPT TO COLLECT A DEBT, BUT 'ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
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 AF ORD 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. • '
Office of the Prothonotary •
-.Cumberland County Courthouse
I Courthouse Square
• Carlisle; PA 17013
(71.7)240 -6195
By:
PH Ti 794839
CUMBERLAND .COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE •
CARLISLE, PA 17013
(717) 249-3166
Jana . an Lobb, Esq., Id. No.312174.,
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
GREEN TREE SERVICINGLLC
V.
JEFFREY C. HOCKER
SHAWN R. HOCKER
COURT OF COMMON PLEAS'
• . Plaintiff "'CIVIL"DIVISION •
NO. 13- 5594 -CIVIL
Defendants) CUMBERLAND COUNTY
TO:` JEFFREY C. HOCKER .
.57 KENSINGTON DRIVE.
CAMP HILL, PA 17011 .-7911 •
DATE OF NOTICE:
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. II YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY.
• THIS CORRESPONDENCE IS' NOT AND SHOULD NOT BE CONSTRUED TO BE AN
• ATTEMPT TO - COLLECT A DEBT,. BUT.. ONLY AS ENFORCEMENT OF' LIEN AGAINST
• PROPERTY. . . • .
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.. IF YOU DO NOT
HAVE A LAWYER, 00 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 • AB OUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary. .
Cuinberland County Courthouse
. 1 Courthouse Square
' Carlisle, PA 17013
(717) 240 -6195
PH # 794839
By:
Jin n Lobb, Esq., Id: No.312174
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
CUMBERLAND COJJNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
• • 2 LIBERTY AVENUE
• CARLISLE, PA 17013
(717) 249 -3166
(Rule of Civil Procedure No. 236) - Revised
GREEN TREE SERVICING LLC
vs.
JEFFREY C. HOCKER
SHAWN R. HOCKER
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 13 -5594 -CIVIL
Notice is given that a Judgment in the above captioned matter has been entered
against you on Li I i b 1L
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215 -563 -7000
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
794839
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
Green Tree Servicing LLC COURT OF COMMON PLEAS
Plaintiff
V.
Jeffrey C. Hocker
Shawn R. Hocker
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
CIVIL DIVISION
: NO.: 13-5594-CIVIL
CUMBERLAND COUNTY
$114,662.38
Interest from 04/11/2014 to Date of Sale $2,752.10
($18.85 per diem)
TOTAL $117,414.48
Note: Please attach description of property.
PH # 794839
CS)
o
k SL)Pd atha
ujc, ,a0
10,3 s L4t.‘
OC)P1
PhzLn Hallinan, LLP
Jonathan Lobb, Esq., Id, No.312174
Attorney for Plaintiff
2_4 k4-1,767 r
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land with improvements thereon erected situate in Lower Allen
Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the northerly line of Kensington Drive which point is 1,068.91 feet north and east
of the northwesterly corner of Juniper Lane and Kensington Drive and at the dividing line between Lots Nos.
31 and 30, Block A, on the hereinafter mentioned Plan of Lots; thence along said dividing line North 44
degrees 10 minutes West 125 feet to a point at the southerly line of land now or late of Williams and Rittner;
thence along same North 45 degrees 50 minutes East 75 feet to a point at the dividing line between Lots Nos.
29 and 30, Block A, on said Plan; thence along said dividing line South 44 degrees 10 minutes East 125 feet
to a point on the northerly line of Kensington Drive, aforesaid; thence along same South 45 degrees 50
minutes West 75 feet to a point, the place of BEGINNING.
HAVING ERECTED thereon a dwelling house.
TITLE TO SAID PREMISES IS VESTED IN Jeffrey C. Hocker and Shawn R. Hocker, his wife,
by Deed from Chester E. Hocker, Jr. and Betty J. Hocker, his wife, dated 10/02/1990, recorded
10/04/1990 in Book 34 -U, Page 885.
PREMISES BEING: 57 Kensington Drive, Camp Hill, PA 17011 -7911
PARCEL NO. 13 -25- 0022 -033
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215 -563 -7000
Green Tree Servicing LLC
Plaintiff
v.
Jeffrey C. Hocker
Shawn R. Hocker
Defendant(s)
2‘0111 f: 10 ii i
E SYLV,N11'
CERTIFICATION
Attorneys for Plaintiff
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO.: 13-5594-CIVIL
Cumberland County
The undersigned attorney hereby states that he /she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
the mortgage is an FHA Mortgage
the premises is non -owner occupied
the premises is vacant
Act 91 procedures have been fulfilled
Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11 -1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By:
P an Hallinan, LLP
Jonathan Lobb, Esq., Id. No.3121.74
Attorney for Plaintiff
Green Tree Servicing LLC
Plaintiff
V.
Jeffrey C. Hocker
Shawn R. Hocker
Defendant(s)
201 [l APR i Ali II: 2 I
•MB RL.AND COUNTY
PENNSYLVANIA
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 13 -5594 -CIVIL
CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
Green Tree Servicing LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for
the Writ of Execution was filed, the following information concerning the real property located at 57 Kensington Drive, Camp Hill, PA
17011 -7911.
1. Name and address of Owner(s) or reputed Owner(s):
Name Address (if address cannot be reasonably ascertained,
please so indicate)
Jeffrey C. Hocker
Shawn R. Hocker
57 Kensington Drive
Camp Hill, PA 17011 -7911
57 Kensington Drive
Camp Hill, PA 17011 -7911
2. Name and address of Defendant(s) in the judgment:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Jeffrey C. Hocker 57 Kensington Drive
Camp Hill, PA 17011 -7911
Shawn R. Hocker 57 Kensington Drive
Camp Hill, PA 17011 -7911
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address (if address cannot be
reasonably ascertained, please indicate)
Cumberland County Adult Probation 1 Courthouse Square
Carlisle, PA 17013 -3387
James C. Costopoulos
10 Courthouse Avenue
Suite 103
Carlisle, PA 17013
4. Name and address of last recorded holder of every mortgage of record:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
PH # 794839
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
sale.
Name
None.
Address (if address cannot be
reasonably ascertained, please indicate)
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
EMC Mortgage Corporation
Domestic Relations of
Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Internal Revenue Service Advisory
U.S. Department of Justice
U.S. Attorney for The Middle District of PA
Federal Building
57 Kensington Drive
Camp Hill, PA 17011 -7911
176 South Street
Hopkinton, MA 01748
13 North Hanover Street
Carlisle, PA 17013
P.O. Box 2675
Harrisburg, PA 17105
1000 Liberty Avenue Room 704
Pittsburgh, PA 15222
228 Walnut Street, Suite 220
P.O. Box 11754
Harrisburg, PA 17108 -1754
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: LOq f ( (t
PH # 794839
By:
Phe Hallinan, LLP
Jonathan Lobb, Esq., Id. No.31.2174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215 -563 -7000
Green Tree Servicing LLC
Jeffrey C. Hocker
Shawn R. Hocker
r,'}
*u tt
vs.
: COURT OF COMMON PLEAS
Plaintiff : CIVIL DIVISION
: NO.: 13-5594-CIVIL
: Cumberland County
Defendant(s) :
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Jeffrey C. Hocker
Shawn R. Hocker
57 Kensington Drive
Camp Hill, PA 17011 -7911
* *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
Your house (real estate) at 57 Kensington Drive, Camp Hill, PA 17011 -7911 is scheduled to be sold at the
Sheriff's Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the court judgment of $114,662.38 obtained by Green Tree Servicing LLC (the
mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in
compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 215- 563 -7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215 -563 -7000.
r•
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215 -563 -7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249 -3166
(800) 990 -9108
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 13- 5594 -CIVIL
Green Tree Servicing LLC
v.
Jeffrey C. Hocker
Shawn R. Hocker
owner(s) of property situate in LOWER ALLEN TOWNSHIP, CUMBERLAND County,
Pennsylvania, being
57 Kensington Drive, Camp Hill, PA 17011 -7911
Parcel No. 13 -25- 0022 -033
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $114,662.38
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land with improvements thereon erected situate in Lower Allen
Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the northerly line of Kensington Drive which point is 1,068.91 feet north and east
of the northwesterly corner of Juniper Lane and Kensington Drive and at the dividing line between Lots Nos.
31 and 30, Block A, on the hereinafter mentioned Plan of Lots; thence along said dividing line North 44
degrees 10 minutes West 125 feet to a point at the southerly line of land now or late of Williams and Rittner;
thence along same North 45 degrees 50 minutes East 75 feet to a point at the dividing line between Lots Nos.
29 and 30, Block A, on said Plan; thence along said dividing line South 44 degrees 10 minutes East 125 feet
to a point on the northerly line of Kensington Drive, aforesaid; thence along same South 45 degrees 50
minutes West 75 feet to a point, the place of BEGINNING.
HAVING ERECTED thereon a dwelling house.
TITLE TO SAID PREMISES IS VESTED IN Jeffrey C. Hocker and Shawn R. Hocker, his wife,
by Deed from Chester E. Hocker, Jr. and Betty J. Hocker, his wife, dated 10/02/1990, recorded
10/04/1990 in Book 34-U, Page 885.
PREMISES BEING: 57 Kensington Drive, Camp Hill, PA 17011-7911
PARCEL NO. 13-25-0022-033
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240 -6195
www.ccpa.net
GREEN TREE SERVICING, LLC
Vs. NO 13 -5594 Civil Term
CIVIL ACTION — LAW
JEFFREY C. HOCKER, SHAWN R. HOCKER
WRIT OF EXECUTION
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell
the following described property:
(1) See legal description.
(2) (Specifically describe personal property when judgment results from a mortgage covering
both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code)
NOTE: Description of property must be attached to the writ.
Amount Due: $114,662.38 L.L.: $.50
Interest FROM 4/11/2014 TO DATE OF SALE ($18.85 PER DIEM) - $2,752.10
Atty's Comm:
Atty Paid: $209.70
Plaintiff Paid:
Date: 4/10/14
(Seal)
REQUESTING PARTY:
Name: JONATHAN LOBB, ESQUIRE
Address: 1617 JFK BLVD., SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215 -563 -7000
Supreme Court ID No. 312174
Due Prothy: $2.25
Other Costs:
ictlts46
David D. Buell, Protlio
By:
Deputy
AFFIDAVIT OF SERVICE (FNMA)
PLAINTIFF CUMBERLAND COUNTY
GREEN TREE SERVICING LLC
DEFENDANT
JEFFREY C. HOCKER
SHAWN R. HOCKER
SERVE JEFFREY C. HOCKER AT:
57 KENSINGTON DRIVE
CAMP HILL, PA 17011-7911
SERVED
PH # 794839
SERVICE TEAM/ Ixh
COURT NO.: 13 -5594 -CIVIL
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: September 3, 2014
Served and made known to JEFFREY C. HOCKER, Defendant on the go day of 1 , 2014 , at r. t _
G T`
Y`, t,�D
12.: oo , o'clock p. M., at 5') (BENS IN6TD l -J DQ, Gt �/p I�1tt IPA in the manner described below:
t/ Defendant personally served.
_ Adult family member with whom Defendant(s) reside(s).
Relationship is
Adult in charge of Defendant's residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company.
Other:
Description: Age SO{ Height C9‘a Weight lS Race w Sex M Other
I, Ronald Moll- , a competent adult, hereby verify that I personally handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. 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: 5I I ' NAME: 7R614/11104V
PRINTED NAME: Ronald Moll
TITLE: Proccss Server
NOT SERVED
On the day of, 20 at o'clock . M., I, , a competent adult hereby
state that Defendant NOT FOUND because:
— Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant)
No Answer on at at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(215) 563-7000
PLAINTIFF
GREEN TREE SERVICING LLC
DEFENDANT
JEFFREY C. HOCKER
SHAWN R. HOCKER
SERVE SHAWN R. HOCKER AT:
57 KENSINGTON DRIVE
CAMP HILL, PA 17011-7911
AFFIDAVIT OF SERVICE (FNMA)
CUMBERLAND COUNTY
PH # 794839
SERVICE TEAM/ lxh
COURT NO.: 13 -5594 -CIVIL
SERVED
Served and made known to SHAWN R. HOCKER, Defendant on the
O.: 00 . o'clock p M., at 51 KI;NsrN&r•nl AQ, C.OPI4+K,f A, in the
Defendant personally served.
/Adult family member ith whom Defendant(s) reside(s).
Relationship is S 6*,"
_ Adult in charge of Defendant's residence who refused to give name
Manager/Clerk of place of lodging in which Defendant(s) reside(s).
_ Agent or person in charge of Defendant's office or usual place of bu
an officer of said Defendant's company.
Other:
Description: Age Ss()‘ Height o a Weight a 1 S Race 14 Sex M Other
Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: September 3, 2014
183 -day of /144-`l ,2014, at
manner described below:
or relationship.
siness.
DATE:
NAME:
PRINTED NAME: Ronald Moll
TITLE: Proccss Server
NOT SERVED
On the dayof 20_, at o'clock . M., I,
state that Defendnt NOT FOUND because:
Vacant Does Not Exist
No Answer on
Service Refused
Other:
I understand that this statement
falsification to authorities.
at
is made subject
, a competent adult hereby
Moved _ Does Not Reside (Not Vacant)
at
to the penalties of 18 Pa. C.S. Sec. 4904 relating
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(215) 563-7000
to unsworn
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
l.i ttii,,
.20878 u I l 2 `�' ' °ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
PENNSYLVANIA
GREEN TREE SERVICING LLC
Plaintiff
v.
JEFFREY C. HOCKER
SHAWN R. HOCKER
Defendants
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on September 24,
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5594 -CIVIL
2013.
2. Judgment was entered on April 10, 2014 in the amount of $114,662.38. A true
and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked
as Exhibit "A".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on September 3, 2014.
• 794839
5. Additional sums have been incurred or expended on Defendants' behalf since the
Complaint was filed and Defendants have been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance
Interest Through September 3, 2014
Legal fees
Cost of Suit and Title
Property Inspections
Escrow Deficit
$96,696.82
$19,171.06
$1,700.00
$634.70
$120.00
$7,576.75
TOTAL $125,899.33
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendants.
8. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on June 11, 2014 and
requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants.
A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "B".
11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that
Judge Kevin A. Hess entered an order granting Plaintiffs Motion to Lift Conciliation Stay dated
March 5, 2014.
794839
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: 6 (11/111 By:
Phelan Hallinan, LLP
Jonat
ATT
M. Etkowicz, Esquire
RNEY FOR PLAINTIFF
794839
Phelan Hallinan, LLP
Jonathan. M. Etkowicz, Esq., Id. No.208786
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
v.
JEFFREY C. HOCKER
SHAWN R. HOCKER
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5594 -CIVIL
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
JEFFREY C. HOCKER executed a Promissory Note agreeing to pay principal, interest,
late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as
these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at
57 KENSINGTON DRIVE, CAMP HILL, PA 17011-7911. The Mortgage indicates that in the
event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes,
insurance, and other items, in order to protect the security of the Mortgage.
In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
794839
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendants credit for monthly
payments tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
794839
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendants as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors
are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums, taxes and other assessments relating to the Property. The
mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur
significant unjust financial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action, the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
794839
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendants shall promptly pay when due the
principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest
to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days
prior to the date of default through the date of the impending Sheriff's sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
794839
VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
794839
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as
their interests will be divested by the Sheriff's sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
794839
VIII. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may make reasonable inspections of the property pursuant to the
terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender
may do, or pay for, whatever is reasonable to protect its interest in the collateral, including
property maintenance. Any amounts disbursed by the lender for property inspections and
preservation become additional debt of the borrower secured by the mortgage. The lender may
charge the borrower for services performed in connection with the default, for the purpose of
protecting the lender's interest in the property, including property inspections and valuation
costs.
When a loan is in default, the lender's risk increases. Mortgage companies typically have
a vendor visit the premises to determine if any windows need to be boarded up, if the property is
vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any
problems at the mortgaged premises, then the mortgage company may proceed to take whatever
steps are necessary to secure the collateral, such as boarding windows, winterizing, removing
hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks,
which are referred to in the industry as "property preservation". These services avoid code
violations and avoid the property becoming an eyesore in the neighborhood. Property
preservation helps maintain property values in the neighborhood.
Accordingly, line items included in Motions to Reassess Damages for property
inspections and property preservation represent amounts which the mortgage company has paid
out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract.
Since the terms of the mortgage provide that such expenses by the mortgage company become
794839
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: CQ /IANBy:
Phelan Hallinan, LLP
Jonath . Etkowicz, Esquire
Attorn, . r Plaintiff
794839
Exhibit "A"
794839
�� THE PR-07i�iOtdO Tr�ir `r'
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.3121742014 APR 10 WI: : 14
1617 JFK Boulevard, Suite 1400 COU
CUMBERLAND NTY
One Penn Center Plaza PENN
LAND AA
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC.
vs.
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
JEFFREY C. HOCKER : CIVIL DIVISION
SHAWN R. HOCKER
: No. 13 -5594 -CIVIL
ATTORNEY FILE COPY
RETURN
PRAECIPE FOR IN REM �r' t GMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against JEFFREY C. HOCKER and
SHAWN R. HOCKER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint
within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and
assess Plaintiff's damages as follows:
As set forth in Complaint ATTORNEY FILE COPY $114,662.38
IN rice Qn.uRN
TOTAL $114,662.38
I hereby certify that (1) the Defendants' last known address is 57 KENSINGTON
DRIVE, CAMP HILL, PA 17011-7911, and (2) that notice has been given in accordance with
Rule Pa.R.C.P 237.1.
Date Li / / I (
nathan Lobb, Esq., Id. No.312174
AT / Lik /vt. ) ��tt wary for Plaintiff
'SF it 1p N
3" w • P
DAMAGES ARE HEREBY ASSESSED AS INDICATED. 1
DATE: 1011y
PH # 794839
' PROTHONOTARY
794839
Exhibit "B"
794839
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
June 2, 2014
JEFFREY C. HOCKER
SHAWN R. HOCKER
57 KENSINGTON DRIVE
CAMP HILL, PA 17011-7911
RE: GREEN TREE SERVICING LLC v. JEFFREY C. HOCKER and SHAWN R. HOCKER
Premises Address: 57 KENSINGTON DRIVE CAMP HILL, PA 17011
CUMBERLAND County CCP, No. 13 -5594 -CIVIL
Dear Defendants,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days, by 6/7/2014.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
y to + your
an. Efcz, Esq., Id. No.208786
1.cy for Plaintiff
osure
794839
Name and Phelan Hallinan, LLP
Address 1617 JFK Boulevard, Suite 1400
Of Sender One Penn Center Plaza
Philadel.hia, PA 19103
Fo
3877 Facsimile
Name or Addressee, Street, and Post Office Address
JEFFREY C. HOCKER
SHAWN R. ROCKER
57 KENSINGTON DRIVE
CAMP HILL, PA 17011.7911
RE: JEFFREY C. ROCKER CUMBERLAND
full declaration of value le required on all domestic and international registered mail.
or the reconshyctionof nonnegotiable documents under Express Mail document recon tram
iece subject to a limit of 5500,000 per oecurrarce. The maximum indemnity payable on Ex'
maximum indemnity payable is 525,00o for registered mail, sent with optional insurance
R900 S913 and S921 for limitations ofcoverae.
e
$0.48
794839
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
v.
JEFFREY C. HOCKER
SHAWN R. HOCKER
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individuals on the date indicated below.
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5594 -CIVIL
JEFFREY C. HOCKER
SHAWN R. HOCKER
57 KENSINGTON DRIVE
CAMP HILL, PA 17011-7911
DATE: qUilitf
By:
Phelan Hallinan, LLP
M. Etkowicz, Esquire
AT ii RNEY FOR PLAINTIFF
794839
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
GREEN TREE SERVICING LLC
Plaintiff
v.
JEFFREY C. HOCKER
SHAWN R. HOCKER
Defendants
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5594 -CIVIL
RULE
AND NOW, this 1' day of 57v ... 2014, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendants shall have twenty (20) days from the date of this Order to file a response to
Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
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794839
•
Jathan M. Etkowicz, Esq., Id. No.208786
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
1--1AWN
FFREY C. HOCKER
/ R. HOCKER
57 KENSINGTON DRIVE
CAMP HILL, PA 17011-7911
11'€S
icy
794839
794839
AFFIDAVIT OF SERVICE(FNMA)
PLAINTIFF" CUMBERLAND COUNTY
GRiIEN TREE SERVICING LLC
- • PH#794839
DEFENDANT .ERVICE TEAM/Ixh
JEFFREY C.HOCKER COURT NO.: 13-5594-CIVIL
SHAWN R.HOCKER tt tt.. JUN
SERVE JEFFREY C.HOCKER AT:�q}L014 _ P TYPE OF ACTION
57 KENSINGTON DRIVE <, v XX Notice of Sheriff's Sale
CAMP HILL,PA 17011-7911 C AR81 °'Ax SALE DATE: September 3,2014
PRO. etC-
ERVE1
y
Served and made known to JEFFREY`C. •CKER,D Pendant on thejay of �'f ,2014,at
12.:° ,o'clock p.M.,at 9 (BENS 046700 b 1,C-�!P 11(41 p4,in the manner described below: -, `,
Y Defendant personally served. ''
Adult family member with whom Defendant(s)reside(s). i,,-;)_
. r r- ;
Relationship is ---,--,- i `-
_Adult in charge of Defendant's residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s)reside(s). >CT;
L Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company. .„_.
Other: C:_`
Description: Age S Q C Height 69‘a Weight aC l 6- Race 14) Sex /M Other
I, Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to
unsworn falsification to authorities. '�T
DATE: 7 j 1 g1 14 NAME:
674,4A4-6,
PRINTED NAME: Ronald Moll
TITLE: Process Server
NOT SERVED
On the dayof 20 ,at o'clock .M.,I, ,a competent adult hereby
state that Defendnt NOT FOUND because:
—Vacant Does Not Exist _Moved _Does Not Reside(Not Vacant)
No Answer on at , at
Service Refused
—
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
,, , ATTORNEY FOR PLAINTIFF
i '•. Phelan Hallinan,LLP
7« '.' `.. 1617 JFK Boulevard,Suite 1400
; \ \One Penn Center Plaza
' APhiladelphia,P 19103
/ ''..,(215)563-700 TRUE , -, ' UGL'I
1!TE s t: ,(:
J Jets, `,
C 01110-0 T=wr Y
C
AFFIDAVIT OF SERVICE(FNMA)
PLAINTIFir CUMBERLAND COUNTY
GREEN TREE SERVICING LLC
• PH#794839
DEFENDANT SERVICE TEAM/Ixh
JEFFREY C.HOCKER COURT NO.: 13-5594-CIVIL
SHAWN R.HOCKER
SERVE SHAWN R.H ) R "g , TYPE OF ACTION
57 KENSINGTON DRI XX Notice of Sheriff's Sale
CAMP HILL,PA 17011-7911 1.Q+ et4 'Mit.Y SALE DATE: September 3,2014
E'VED
Served and made known '.. & ' '. -• KER,Defenc int on the I8'-dnay of /14 4`1 ,20 1 �'�C-'
I2:00 ,o'clock p.M.,at 61 JrMstwG1anl Da,c4Mpl41L,PA,in the manner described below:
Defendant personally served. , r`
✓Adult family member with whom Defendant(s)reside(s). .y e
Relationship is member,
641/.0
Adult in charge of Defendant's residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s)reside(s).
Agent or person in charge of Defendant's office or usual place of business.
r-.
an officer of said Defendant's company.
Other:
Description: Age 5-0 Height (o o� Weight 1 S Race "/ Sex M Other
1, ROII`l�d Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. 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: SI I?(I¢ NAME: /� Cj
PRINTED NAME: Ronald Moll
TITLE: Process Server
NOT SERVED
On the dayof 20 ,at o'clock .M.,I, ,a competent adult hereby
state thatendant NOT FOUND because:
_Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant)
_No Answer on at •
, at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
(215)563-7000
t
1
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
vs.
JEFFREY C. HOCKER
SHAWN R. HOCKER
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's June 16, 2014 Rule directing
the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5594 -CIVIL
granted was served upon the following individuals on the date indicated below.
JEFFREY C. HOCKER
SHAWN R. HOCKER
57 KENSINGTON DRIVE
CAMP HILL, PA 17011-7911
Phelan Halli , LLP
DATE: a/z6.4 By: Imo V
Justin F. obeski, q., Id. No.200392
Atto , ey for Plaintiff
rn
-<>
C
794839
riLEP-0F F/Cr
Or THE PROTHONOTARY
Phelan Hallinan, LLP 201JUL f,
0:
Jonathan Lobb, Es Id. No.312174 �� ! f �A`I TORNEY FOR PLAINTIFF
Esq.,
CUPENNS ate COUNTY 1617 JFK Boulevard, Suite 1400 pE��S YID OU T },
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
vs.
JEFFREY C. ROCKER
SHAWN R. ROCKER
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5594 -CIVIL
Defendants
MOTION TO MAKE RULE ABSOLUTE
GREEN TREE SERVICING LLC, by and through its attorney, hereby petitions this
Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in
support thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on June 12, 2014.
2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about June 16,
2014 directing the Defendants to show cause by July 6, 2014 why the Motion to Reassess
Damages should not be granted. A true and correct copy of the Rule is attached hereto, made
part hereof, and marked Exhibit A.
3. The Rule to Show Cause was timely served upon all parties on June 26, 2014 in
accordance with the applicable rules of civil procedure. A true and correct copy of the
Certificate of Service is attached hereto, made part hereof, and marked Exhibit B.
4. Defendants failed to respond or otherwise plead by the Rule Returnable date of
July 6, 2014.
794839
2
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
DATE: 7 (1 /lc(
B
Phelan Hallinan, LLP
nathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
3
794839
Exhibit "A"
794839
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
GREEN TREE SERVICING LLC
Plaintiff
v.
JEFFREY C. HOCKER
SHAWN R. HOCKER
Defendants
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5594 -CIVIL
RULE
AND NOW, this ii.041\-' day of J Ew 2014, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess
Damages.
Defendants shall have twenty (20) days from the date of this Order to file a response to
Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
eR
—rs
N
794839
Jonathan M. Etkowicz, Esq., Id. No.208786
Phelan Hallinan; LL1'
1617 JFK I3oU1evard, Suite 1400
Philadelphia; ;PA '19103
TEL: (215) $03-7000
:FAX (215),.563-3459:
IEFFREU. ROCKER
SHAWN ... ROCKER
57 KENS GTON DRIVE
CAMP HILL, PA 17011-7911
1
794839
794839
Exhibit "B"
794839
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id, No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.corn
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
vs,
JEFFREY C. HOCKER
SHAWN R. HOCKER
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5594 -CIVIL
ATTORNEY FILE COPY
PLEASE RETURN
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's June 16, 2014 Rule directing
the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be
granted was se edVon the following individuals on the date indicaMONRy Hu copy
PLEASE RETURN
JEFFREY C. HOCKER
SHAWN R. ROCKER
57 KENSINGTON DRIVE
CAMP HILL, PA 17011-7911
DATE:
By:
Phelan HaJ1iii, LLP
Justin obeski, Id. No.200392
Att for Plaintiff
794839
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
GREEN TREE SERVICING LLC
Plaintiff
vs.
JEFFREY C. HOCKER
SHAWN R. HOCKER
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute
was served upon the following individuals on the date indicated below.
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5594 -CIVIL
JEFFREY C. HOCKER
SHAWN R. HOCKER
57 KENSINGTON DRIVE
CAMP HILL, PA 17011-7911
DATE: 77q V
By:
Phelan Hallinan, LLP
J/athan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
794839
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GREEN TREE SERVICING LLC
Plaintiff
VS.
JEFFREY C. HOCKER
SHAWN R. HOCKER
Defendants
Court of Common Pleas
Civil Division
op
CUMBERLAND Can
cn �}
No.: 13-5594-CIVI1
c C)
ORDER
AND NOW, this day of 9v6 , 2014, upon consideration of Plaintiff's
c ;
r-�,_
r
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendants shall be and is hereby made absolute and. Plaintiff's Motion to Reassess
Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED
to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows:
Principal Balance
Interest Through September 3, 2014
Legal fees
Cost of Suit and Title
Property Inspections
Escrow Deficit
$96,696.82
$19,171.06
$1,700.00
$634.70
$120.00
$7,576.75
TOTAL $125,899.33
Plus interest at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
Ccpi.cr rtail&L,
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794839
FILED-OFFia
OF THE Pi OTHONO TA:
gN,.31 All 11 2
PHELAN HAL , LP
Adam H. Davis FR
BMN`COM U N T u
1617 JFK BoulevarT NiXSPWVINNI A
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
GREEN TREE SERVICING LLC CUMBERLAND COUNTY
Plaintiff,
v.
JEFFREY C. HOCKER
SHAWN R. HOCKER
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
. No.: 13 -5594 -CIVIL
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2
COMMONWEALTH OF PENNSYLVANIA )
PHILADELPHIA COUNTY ) SS:
As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders
and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of
the persons or parties named, at that address, set forth on the Affidavit and as amended if
applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return
Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A".
Date:
7/17o/./1(
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not
be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not present
at the sale.
PH # 794839
Name and
Address
Of Sender
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Line
Article Number
Name of Addressee, Street, and Post Wm Address
Postage n
'
1
•••*
TENANT/OCCUPANT
57 KENSINGTON DRIVE
CAMP HILL, PA 17011.79/1
50.47 '
F o
1
2
••••
Cumberland County Adult Probation
1 Courthouse Square
Calrllsle, PA 170133387
$0.47
3
••••
SAM Mortgage Corporation
176 SOUTH STREET
HOPKINTON, MA 01748
$0.47�rC,
Zr,• i�s�•
":'+•
4
see•
fames C. Costopoulos •
10 Courthouse Avenue i►•
Suite 103
Carlisle, PA 17013
10.47
.: �4 1'Sa .
�N
•UL 1, 111
5
erre
Domestic Relations of -+"
Cumberland County
13 North Hanover Street
Carlisle, PA 17013
50.47
\�
°,.4 7t1a'9
6
•sr•
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
50.47
7
••••
Internal Revenue Service Advisory
1000 Liberty Avenue Room 704
Pittsburgh, PA 15222 ..r
50.47
8
••••
U.S. Department of justice
L.S. Attorney for The Middle District of PA
Federal Building
228 Walnut Street, Suite 220
PO Box 11754
HarrtsburgtPA 17108-1754
50.47
1tE••EFP R$ 0
53.76
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Mc Nil declu.tlon of nine is .squired on 4 domestic sad beensaboaslregineted roll The maxima Indemnity payable
for Ire tem•moetkm o1 aoaneptkbk &come ma mice ilemsss Mail dtelme* etmnsWdfon Ma me= I. SWIM per
pias .object to a limit of $50 .000 pee germ gimes. The m.uruo kdnwley pqsbk on norms Moil nsmhend'ne is SS00.
The muimom itdemttity payable is $73.000 fa tetlamed moll, as wilt optional hommooe See Domestic Mut M.mal
8900 5913 std 5921 fen thnfatas of • • - •-
orm 3877 Facsimile
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson �Liwv (1r t
Sheriff ' HE PROTHONOTARY
2UIti OCT 30 Ali 9: 47
CUMBERLAND COUNTY
PENNSYLVANIA
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OF ME,
Green Tree Servicing, LLC
vs.
Jeffrey Shawn Hocker (et al.)
Case Number
2013-5594
SHERIFF'S RETURN OF SERVICE
06/16/2014 08:07 PM - Deputy Dawn Kell, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 57 Kennsington Drive, Camp Hill, PA 17011, Cumberland
County.
06/19/2014 01:56 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Real
Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the
same time personally handing a true copy to a person representing themselves to be the Defendant, to
wit: Shawn Hocker at 57 Kensington Drive, Lower Allen, Camp Hill, PA 17011, Cumberland County.
06/19/2014 01:56 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Real
Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the
same time personally handing a true copy to a person representing themselves to be Shawn Hocker,
Wife, who accepted as "Adult Person in Charge" for Jeffrey Shawn Hocker at 57 Kensington Drive, Lower
Allen, Camp Hill, PA 17011, Cumberland County.
09/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September,
3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of
Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $
SHERIFF COST: $839.75 SO ANSWERS,
October 07, 2014 ROM* R ANDERSON, SHERIFF
c) CountySu:e Sreriff, Telececft. Inc.
On April 28, 2014 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Known and numbered as,
„ 57 Kensington Drive, Camp Hill, as Exhibit "A"
filed with this Writ and by this Reference incorporated
herein.
Date: April 28, 2014
By:
Real Estate Coordinator
l
LXIII 29, [ CUMBERLAND LAW •JOURNAL . r 0:7/i1§414
;
Writ No. 2013-5594 Civil
GREEN. TREE SERVICIING, LLC
JEFFREY SHAWN ROCKER
Shawn Hocker
Atty.: Joseph'Schalk
By virtue of a Writ of Execution
No: ,13-55947CIVIL: Green,Tree°y,
Servicing LLC v Jeffrey C. Hocker, ,
` Shawn R. Hock'e'y owner(s)"ofpropeity
situate in LOWER • ALLEN/TOWN-t . .
SHIP, `CUMBERLAND County, Penn
sylvania,'being 57, Kensington Drive, . I"
Camp Hill, PA 17011-7.91.1.
Parcel No.`.13-25-0b22033.
Improveinentsthereon: RESIDEN rxa-.,
,TIAL., DWELLING. , R
Judg hent Amount: $114,662:38.
t:<•
57
The Patriot -News Co.
1900 Patriot Drive
Mechanicsburg, PA 17050
M��i-tries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
he atriotNeuss
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Amy Kotula, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of
Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday
Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
2013-5594 Civil Term
GREEN TREE SERVICING, LLC
vs.
JEFFREY SHAWN HOCKER
Shawn Hocker
Atty: Joseph Schalk
By virtue of a Writ of Execution No.
13 -5594 -CIVIL
Green Tree Servicing LLC
v.
Jeffrey C. Hocker
Shawn R. Hocker
owner(s) of property situate in
LOWER ALLEN TOWNSHIP,
Cumberland County, Pennsylvania,
being
57 Kensington Drive, Camp Hill, PA
17011-7911
Parcel No. 13-25-0022-033
(Acreage or street address)
Improvements thereon:
RESIDENTIAL DWELLING
Judgment Amount: $114,662.38
Sworn to
This ad ran on the date(s) shown below:
07/13/14
07120/14
07/27/14
s bscribed before me this 20 day of August, 2014 A.D.
Ty I'u,blic
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Sheryl Marie Leggore, Notary Public
Hampden Twp., Cumberland County
My Commission Expires July 16, 2018
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIE
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 11, July 18 and July 25, 2014
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Marie Coyne, Editor
SWORN TO AND SUBSCRIBED before me this
25 day of July, 2014
Notary
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO., CUMBERLAND CNTY
My Commission Expires Apr 28, 2018
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriff's Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said
grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the
10th day of April, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013
Number 5594, at the suit of Green Tree Ser LLC against Jeffrey C & Shawn R Hocker is duly recorded
as Instrument Number 201424920.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
30
day of
(9- , A.D. 070$
Recorder of Deeds
Reco
My C
of Deeds, Cumberland County, Carlisle, PA
mmission Expires the First Monday of Jan. 2018