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Home My WebLink About05-0239 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INe. 3476 STATEVIEWBOULEVARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Or -d.J9 {JICJ.l L I~ CUMBERLAND COUNTY v. JESSE L. HOCKER 112 WILLOW MILL PARK. ROAD MECHANICSBURG, P A 17055 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 109807 File #: J 09807 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST ATE. 1. Plaintiff is WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INe. 3476 STATEVIEW BOULEVARD FORT MILL, SC 297] 5 2. The name(s) and last known address(es) of the Defendant(s) are: JESSE L. HOCKER ] ] 2 WILLOW MILL PARK ROAD MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/28/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1611, Page: 468. By Assignment of Mortgage recorded 6/23/2000 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 647, Page 494. 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 07/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 109807 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2004 through 01/10/2005 (Per Diem $15.37) Attorney's Fees Cumulative Late Charges 04/28/2000 to 0 I /1 0/2005 Cost of Suit and Title Search Subtotal $70,129.16 3,442.88 1,250.00 116.64 $ 550.00 $ 75,488.68 Escrow Credit Deficit Subtotal 0.00 310.40 $ 310.40 TOTAL $ 75,799.08 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 75,799.08, together with interest from 01/10/2005 at the rate of$15.37 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN H~JjINAN ~ SCHMIl;G, L~P / /J I ,;;~ ~ ~ By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 109807 . ALL that ccrWl\ Joe or InH:t of laid. wIda die: INnd.. and impn:W*bCOb Zhereon CNC1ed, .il\lGtc ill ailv<< SpriJII TOWIIIhlp. CumbcdRd. CocII1C1. Ponna,Jv...., NOR p4IIClculotly {,oundcd 11M 4acr1bcd 1ft occ:onMtClC 'llVith . ~l,",ey by Mk:hael D' ^"fCcJo. R..S., 4akw1 November 16.. 1911, . fofJOlW to wit: BEGINNING ala pohac alll&1 iron pill on lbe Northerly Uae of Willow MR' Park Aa8d (f~). said poiat IN!iae SO feet in . WaurnIy dirccd4HJ from the BQt4m rlCht~f--)' JiM of Towat&ip ~ (T~ 10); _4 poll1ll1lO bcIos It dw dJvidin. Uae betwclca l..of4 No. t IIId. 2 Oft the beteinaftao anemiol2ed P1an of tots; tbc:nca "one the Nor1bc:rJy Bat or Willow Mill Park Road. Soatb 51 dBpes 19 ltIiaLdct 10 ~ W-. so teet IlCJ . paia~ 1htaco by aha Buledy II... arLs No. ) on fhe ~ftcr tdcadoacd Plan or~ NMh J7 dcan:cs 4S mlmMa \VetI. 14. r~ 10 . point .II tho waler line or the ConodogWIU!I. Creck; tIIcmcc by aid line Df Uta CoItOdoluUact &:Net. Nl>tth 53 cfcarcq 19 minutes 30 -*Oneil W~ SO feet ~ . point on the WestuR)' line of 1.01 'No. I o( the herelM~ mcnliancd Plan or Lo~ tJ\Ib\co twy dulSldd .1-. or LoC No. I. SouUI J1 ~ 45 mJIMUcI Batt, 14' fMC to the poictl OJ) the ).lorthernl1l1nc of Widow M'"aIt Patlc ltaad (T -600). tho point .wi pl<<oe of BBGINNING. PROPERTY BEING: 112 WILLOW MILL PARK ROAD . VERIFICATION Yolanda Wiliams hereby state~ that he/she is VP Loan Documentation of Wells Fargo Bank,Na mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhis/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. anda Wiliiams e President Loan Documentation DATE: )~ (J {Q ~ ~ t rt r---) 0 ~ 0 G-:':> tV c.::.~ -n D ~'.: CJ"l .-1 ~ ~ '. c_ I-n -U ~.~~ f11;::;:: \S ~...- ..,...,iTl ...c :.gl? --c:: ~ p::: N '-~Q ~ . . ~: -~; ~ .. ~if~ .- .......'.-... , - '.J ~.~:~ :.... ~ N -d1 1- .....t> ....:.., N .,.~ I ---.. --; -, -..... -.l SHERIFF'S RETURN - REGULAR CASE NO: 2005-00239 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS HOCKER JESSE L CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOCKER JESSE L the DEFENDANT , at 1039:00 HOURS, on the 21st day of January 2005 at 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17055 by handing to JODY HOCKER, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.40 .00 10.00 .00 35.40 So Answers: .?';;-"J:;?t';::~,,~<-c l~ R. Thomas Kline 01/24/2005 PHELAN HALLINAN Sworn and Subscribed to before By: me this 3_t..d day of lIL::~ (~~~7hJ~C'V ~ fitrothonotary , ?RELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for PI, .ntiff WELLS FARGO BANK, N.A., S/B!M TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff Court of Common PIe s CUMBERLAND Cou ty No. j)a-239 CIVIL TE M 0$-:1..1'1 vs. JESSE L. HOCKER Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PRE UDI E AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, nd mark this case discontinued and ended, upon payment of your costs only. dlll/'" Date By: Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff ....' ~ :tt ~ ", N o c ;?' l..-)d,: ('\t:"\ ' ~'_? . -," w3'. :'r; --I'(c...; <f~".> )>-c -., ~ -, () -n "J :Y- i>? ..-\ :.c~ rnp -oq :J\~;\ ~)l~' -".:J :..<. cP -