HomeMy WebLinkAbout14-1600 Supreme Court -of Pennsylvania
Couro C. Pleas For Prothonotary Use Only:
Nv><1 §heet
C El County Docket No:
r' lq - 1 !v6U
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 bylaw or rules of court.
S Commencement of Action:
Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: JP MORGAN CHASE BANK, Lead Defendant's Name: THOMAS A. HOOPER, JR
, j , N.A., SB/M TO BANK ONE, N.A.
I Are money damages requested? El Yes 0 No Dollar Amount Requested: El within arbitration limits
O (Check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑ Yes Z No Is this an NMJ Appeal? ❑ Yes Z No
A Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, 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
B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
Z 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
211,'1 MAR 2 0 AM 10: 51
CUMBERLAND COUNTY
PENNSYLVANIA
PHELAN HALLINAN, LLP
John D. Krohn, Esq., Id. No.312244
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia, PA 19103
john.luohn@phelanhallinan.com
215 -563 -7000
JP MORGAN CHASE BANK, N.A., SB/M TO BANK
ONE, N.A. COURT OF COMMON PLEAS
8333 RIDGEPOINT DRIVE, FLOOR 1
IRVING, TX 75063 -5812 CIVIL DIVISION
Plaintiff TERM
V.
THOMAS A. HOOPER, JR �
136 NORTH 26TH STREET CUMBERLAND COUNTY
CAMP HILL, PA 17011 -3616
MARY E. MOERSCHBACHER A/K/A E MARY
HOOPER
136 NORTH 26TH STREET
CAMP HILL, PA 170'11 -3616
THE UNITED STATES OF AMERICA C/O THE
UNITED STATES ATTORNEY FOR THE MIDDLE
DISTRICT OF PA
228 WALNUT STREET, SUITE 220, PO BOX 11754
HARRISBURG, PA 17108 -1754
Defendants
C6C. /ycx�o ?9
CIVIL ACTION - LAW G 3 3
COMPLAINT IN MORTGAGE FORECLOSURE
File N: 799285
1. Plaintiff is
JP MORGAN CHASE BANK, N.A., SB /M TO BANK ONE, N.A.
8333 RIDGEPOINT DRIVE, FLOOR 1
IRVING, TX 75063 -5812
2. The name(s) and last known address(es) of the Defendant(s) are:
THOMAS A. HOOPER, JR
136 NORTH 26TH STREET
CAMP HILL, PA 17011 -3616
MARY E. MOERSCHBACHER A/K/A E MARY HOOPER
136 NORTH 26TH STREET
CAMP HILL, PA 17011 -3616
THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR
THE MIDDLE DISTRICT OF PA
228 WALNUT STREET, SUITE 220, PO BOX 11754
HARRISBURG, PA 17108 -1754
who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 05/17/2003 THOMAS A. HOOPER, JR and MARY E. MOERSCHBACHER made,
executed and delivered a mortgage upon the premises hereinafter described to THE
PROVIDENT BANK, which mortgage is recorded in the Office of the Recorder of
Deeds of CUMBERLAND County, in Mortgage Book 1819, Page 5222. By Assignment
of Mortgage recorded 01/26/2004 the mortgage was assigned to BANK ONE, N.A.which
Assignment is recorded in Assignment of Mortgage Book 705, Page 3498.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 JP MORGAN
CHASE BANK, N.A., SB/M TO BANK ONE, N.A. 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.
File #: 799285
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 04/16/2012 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.
6. The following amounts are due on the mortgage as of 01 /31/14
Principal Balance $123,388.45
Interest $6,989.64
from 03/16/12 through 01/31/14
Suspense Balance $0.00
TOTAL $130,378.09
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 #: 799285
9. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410,
because of federal tax liens that have been filed with the Prothonotary of
CUMBERLAND County in the Judgment Index Unit as follows:
(A). United States vs.. MARY E HOOPER and CRIMSON FROG
COFFEEHOUSE; CUMBERLAND County Docket No. 10 -3591; Filed 06/01/2010; in
the amount of $32,815.98
(B). United States vs.. MARY E HOOPER and CRIMSON FROG
COFFEEHOUSE; CUMBERLAND County Docket No. 10 -5483; Filed 08/20/2010; in
the amount of $23,200.11
(C). United States vs.. MARY E HOOPER and CRIMSON FROG
COFFEEHOUSE; CUMBERLAND County Docket No. 10 -7205; Filed 11/16/2010; in
the amount of $280.66
(D). United States vs. MARY E HOOPER and CRIMSON FROG
COFFEEHOUSE; CUMBERLAND County Docket No. 12 -1848; Filed 03/23/2012; in
the amount of $3,125.11
(E). United States vs. MARY E. HOOPER and CRIMSON FROG
COFFEEHOUSE; CUMBERLAND County Docket 2012 -0570; Filed 9/14/2012; in the
amount of $330.00
File #: 799285
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$ 130,378.09 , 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:
John D. Kroin, Esq., Id. N0.312244
Attorney for Plaintiff
File #: 799285
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land and premises situate in the Borough of Camp Hill,
Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan
thereof, made April 2, 1965 by Ernest J. Walker, Professional Engineer, as follows:
BEGINNING at a point at the northwest corner of North 26th Street (formerly Bowman Avenue)
and a 15 feet wide alley (said alley being located 140 feet South of Logan Street); THENCE
along the northerly line of said 15 feet wide alley North 80 degrees 15 minutes West, 150 feet to
a point at the northeast corner of said 15 feet wide alley and another 15 feet wide alley; THENCE
along the eastern line of last mentioned 15 feet wide alley North 09 degrees 45 minutes East 45
feet to a point at the dividing line between Lots Nos. 10 and 11 on the hereinafter mentioned Plan
of Lots; THENCE along said dividing line South 80 degrees 45 minutes East, 150 feet to a point
on the westerly side of North 26th Street; THENCE along the same South 09 degrees 45 minutes
West, 45 feet to the point and Place of BEGINNING.
BEING Lot No. 10, Section'B' on the Plan of Lots laid out by H.N. Bowman and recorded in
Plan Book 1, Page 21, Cumberland County records.
HAVING THEREON ERECTED a two story frame dwelling numbered as 136 North 26th Street
and a frame garage.
BEING THE SAME PREMISES which Richard F. Wehrle and Patricia A. Wehrle his wife, by
deed dated July 10, 1972 and recorded in the Cumberland County Recorder's Office in Deed
Book'S', Volume 24, Page 724, granted and conveyed unto Gene R. Miller and Bernice V.
Miller, his wife, grantors herein.
PROPERTY ADDRESS: 136 NORTH 26TH STREET, CAMP HILL, PA 17011 -3616
PARCEL #01 -21- 0271 =286
File #: 799285
VERIFICATION
hereby states that h e 7is ice President of JP
<
MORGAN CHASE BANK, N.A., S /B/M TO BANK ONE, N.A., the Plaintiff in this matter, and
is authorized to make this Verification. The statements of fact contained in the foregoing Civil
Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I
understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
AVIV A)6 VEI
Vice President
Date:
JP MORGAN CHASE BANK, N.A., SB/M TO BANK ONE, N.A.
Borrower: HOOPER
Property Address: 136 NORTH 26TH STREET, CAMP HILL, PA 17011 -3616
County: CUMBERLAND
Last Four of Loan Number: 9992
File #: 799285
FORM 1
IN THE COURT OF COMMON PLEAS
JP MORGAN CHASE BANK, N.A., S /B/M TO OF CUMBERLAND COUNTY, PENNSYLVANIA
BANK ONE, N.A.
Plaintiff(s)
17
VS. f"r'1 � r"�1-
THOMAS A. HOOPER, JR C ' s
C -) a
MARY E. MOERSCHBACHER A /K/A E MARY —` ?
HOOPER:� f b -
THE UNITED STATES OF AMERICA C/O THE
UNITED STATES ATTORNEY FOR THE =
MIDDLE DISTRICT OF PA
1 W O Civil
ts) -
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 MidPenn Legal Services at (717) 2439400
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 representative within
twenty (20) days of the appointment date. During that meeting, you must preside 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 willhave 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 ]hat 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 to meet 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:
Date John D. John, Esq., Id.
No.312244
Attorney for Plaintiff
�t
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:
CUST
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?
C O-BORRO WER
Mailing Address:
City: State: Zip
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INF ORMATIO N
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 #l: 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. 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:
y
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)
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 #: 799285
Affidavit of Service
PLAINTIFF
JPMORGAN CHASE BANK, N.A. S /B /M TO BANK ONE N.
A.
DEFENDANT
THOMAS A. HOOPER, JR.; ET AL.
SERVE UNITED STATES ATTORNEY FOR THE
MIDDLE DISTRICT OF PA AT:
950 PENNSYLVANIA AVENUE, N.W., MAIN JUSTICE
BUILDING, WASHINGTON, DC 20530
CUMBERLAND COUNTY
PHS # 799285
SERVICE TEAM
COURT NO.:14- 1600 -CIVIL -TERM
TYPE OF ACTION
CIVIL ACTION - LAW COMPLAINT IN MORTGAGE
FORECLOSURE; C1VIL COVER SHEET AND NOTICE WITH
ATTACHMENTS
SERVED
Served and made known to United States Attorney for the Middle District of PA ,Defendant on the 9 of April , 20 14 , at
1 1:32 AM , at 950 Pennsylvania Avenue, N.W., Main Justice Building, Washington, DC 20530 in the manner described below:
Defendant personally served. �� o
Adult family member with whom Defendant(s) reside(s). C:
w �
Relationship is -Q ya.
Adult in charge of Defendant's residence who refused to give name or relationship. I.-ri
Manager /Clerk of place of lodging in which Defendant(s) reside(s). c-
ol
x Agent or person in charge of Defendant's office or usual place of business. Steffon Edmonds as dant's
an officer of said Defendant's company. r'x
Other:
Description: Age 20 - 30 Yrs. Height 6'1" - 6'3" Weight 191 -220 Race Black Sex Male
Other
. .c.
James L. Hilton , a competent adult being duly sworn according to law, depose and state that I personally ha5ided a
true and correct copy of the CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE; CIVIL COVER SHEET AND
NOTICE WITH ATTACHMENTS in the manner as set forth herein, issued in the captioned case on the date and at the address indicated
Sworn to and
me this 9th
of April 2014
subscribed b! fore,!liP. °Id?"6
daya• \-{ Z. 0 F;L / >0g.
np`� •.
hr6
"- I A . f,.. -
tary: Ma � L- `Ritiz'a ,c.-.\ Z F By',;; 41
On the '•. Ofi J, • ',.:1 `,��.
hereby state that Defenc�grit „N41%,,VDtlt.tause:
Vacant �Do�esoltlExist Moved
No answer on at
Other:
Service Refused
Sworn to and subscribed
before me this 9th
day of April 2014 By:
Notary: Martha L. Lazo Ruiz
NOT S/���
/o'clock .M., I,
Does Not Reside
ATTORNEY FOR PLAINTIFF
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg Esq., Id No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq., Id. No. 58745
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Jay B. Jones, Esq., Id. No. 86657
Andrew L. Spivack, Esq., Id. No. 84439
at
C.:.;
, a competent adult
Chrisovalante P. Fliakos, Esq., Id. No. 94620
Courtenay R. Dunn, ESq., Id. No. 206779
Allison F. Zuckerman, Esq., Id. No. 309519
Melissa J, Cantwell, Esq., Id. No. 308912
Mario J. Hanyon, Esq., Id. No. 203993
John M. Kolesnik, Esq., Id. No. 308877
Matthew G. Brushwood, Esq., Id. No. 310592
Zachary J. Jones, Esq., Id. No. 310721
Justin F. Kobeski, Esq., Id. No. 200392
Adani Davis, Esq., Id. No. 203034
One Penn Center at Suburban Station
1617 John F. Kennedy Blvd., Suite 1400
JP MORGAN CHASE BANK, N.A, : IN THE COURT OF COMMON PLEAS OF
S/B/M/ TO BANK ONE, N.A : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS
THOMAS A. HOOPER, JR, MARY
E. MOERSCHBACHER, a/k/a
E. MARY HOOPER
Defendant
and
: ACTION OF MORTGAGE FORECLOSURE
C.)
THE UNITED STATES OF AMERICA :
c/o THE UNITED STATES ATTORNEY :
FOR THE MIDDLE DISTRICT OF PA : DOCKET NO 14-1600 CIVIL TERM
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order governing the Cumberland County Residential
Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows:
Defendants are the owner of the real property which is the subject of this
mortgage foreclosure action;
2. Defendants live in the subject real property, which is Defendants' primary
residence;
3. Defendants have been served with a "Notice of Residential Mortgage Foreclosure
Diversion Program" and have taken all of the steps required in that Notice to be
eligible to participate in a court-supervised conciliation conference
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
By:
DATE: April 24, 2014
Mark K. Emery, Esquire
Supreme Court I.D. No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Defendants
CERTIFICATE OF SERVICE
AND NOW, this 24th day of April, 2014, I, Mark K. Emery, Esquire do hereby
certify that I have served the foregoing Request for Conciliation Conference by mailing a
true and correct copy via United States first class mail, addressed as follows:
John D. Krohn, Esquire
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
and
The United States of America
c/o U.S. Attorney for the Middle District of PA
P.O. Box 11754
Harrisburg, PA 17108 -1754
LAW OFFICES OF MARK K. EMERY
By:
Mark K. Emery
� s
JP MORGAN CHASE BANK, IN THE COURT OF COMMON PLEAS OF
N.A., S/B/M TO BANK ONE,N.A.,: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION—LAW
VS. NO. 14-1600 CIVIL
THOMAS A. HOOPER, JR., C-_
MARY E. MOERSCHBACHER,
trn
a/k/a E. MARY HOOPER, r
Defendants ! t
;f2
VS.
=CD —1, _
THE UNITED STATES OF
AMERICA c/o THE UNITED
STATES ATTORNEY FOR THE
MIDDLE DISTRICT OF PA
CASE MANAGEMENT ORDER
AND NOW,this 004 day of April, 2014, the parties having agreed to a
conciliation conference, it is hereby ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised
Conciliation Conference on aZ 7 dol, at �3 e 36 p in. in
Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2)which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
s
Court of the defendant/borrower's failure to serve the completed Form 2 within the
time frame set forth herein or such other date as agreed upon by the parties in writing
or ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend the Conciliation Conference in person or be available by telephone
during the course of the Conciliation Conference. The representative of the
plaintiff/lender who participates in the Conciliation Conference must possess the
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff/lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff/lender is not available by telephone during the Conciliation Conference,
the Court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
�r w
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
Kevi . Hess, P.J.
�Jo D. Krohn, Esquire
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
For the Plaintiff
ark K. Emery, Esquire
410 North Second Street
Harrisburg, PA 17101
For the Defendants
e United States of America
c/o U.S. Attorney for the Middle District of PA
P. O. Box 11754
Harrisburg, PA 17108-1754
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JP MORGAN CHASE BANK, . IN THE COURT OF COMMON PLEAS OF
N.A.,S/B/M TO BANK ONE, N.A.,: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION — LAW
vs. : NO. 14-1600 CIVIL
THOMAS A. HOOFER, JR.,
MARY E. MOERSCHBACHER, .
Ala E. MARY HOOPER,
Defendants
vs.
THE UNITED STATES OF : MORTGAGE FORECLOSURE
AMERICA c/o THE UNITED
STATES Al IORNEY FOR THE .
MIDDLE DISTRICT OF PA
ORDER
AND NOW, this 2 Y- day of June, 2014, at the request of counsel, the conciliation
conference set for June 27, 2014, is continued to Friday, September 19, 2014, at 2:00 p.m. in
Chambers of the undersigned.
BY THE COURT,
A/4
Key/ A. Hess, P.J.
...---"Joseph Schalk, Esquire
Phelan Hallinan, LLP
126 Locust Street
Harrisburg, PA 17101 --
For the PlaintitT
-Mark K. Emery, Esquire fir•- N
410 North Second Street r--
Harrisburg, PA 17101
For the Defendants �c -
United States of America
do U.S. Attorney for the Middle District of PA
P. O. Box 11754
Harrisburg, PA 17108-1754
Cop f C fiat t LEL..
Leta s//y - �
JP MORGAN CHASE BANK, : IN THE COURT OF COMMON PLEAS OF
N.A., S/B/M TO BANK ONE,N.A.,: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: CIVIL ACTION—LAW
vs. : NO. 14-1600 CIVIL
THOMAS A. HOOPER, JR., :
MARY E. MOERSCHBACHER, :
a/k/a E. MARY HOOPER,
Defendants :
•
vs. :
THE UNITED STATES OF : MORTGAGE FORECLOSURE
AMERICA c/o THE UNITED
STATES ATTORNEY FOR THE :
MIDDLE DISTRICT OF PA
ORDER
AND NOW, this /�' day of October, 2014, at the request of counsel, the
conciliation conference set for October 17, 2014, is continued to Friday,November 14, 2014, at
2:15 p.m. in Chambers of the undersigned.
BY THE COURT,
Kevi p A. Hess, P.J.
Joseph Schalk, Esquire c
Phelan Hallinan, LLP -oX _..
126 Locust Street ym c•--)co CDr
Harrisburg, PA 17101 ccnn
Y �
For the Plaintiff x c.?
C.)
i Mark K. Emery, Esquire N u
410 North Second Street
Harrisburg, PA 17101 -t
For the Defendants
- The United States of America -- Nicole Chabat
do U.S. Attorney for the Middle District of PA Phelan Hallinan, LLP
P. O. Box 11754 1617 JFK Boulevard, Suite 1400
Harrisburg, PA 17108-1754 Philadelphia, PA 19103
a'fjpe s /3 ./(d
(/L.
JP MORGAN CHASE BANK, :
N.A., S/B/M TO BANK ONE, N.A.,:
Plaintiff
vs.
THOMAS A. HOOPER, JR.,
MARY E. MOERSCHBACHER, :
a/k/a E. MARY HOOPER,
Defendants
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
NO. 14-1600 CIVIL
THE UNITED STATES OF : MORTGAGE FORECLOSURE
AMERICA c/o THE UNITED :
STATES ATTORNEY FOR THE :
MIDDLE DISTRICT OF PA
ORDER
C-7
-C-
C.=
AND NOW, this / 1 day of November, 2014, following conciliation conference,
this matter is removed from the Cumberland County Mortgage Foreclosure Diversion Program,
effective, December 31, 2014, and the stay lifted effective that date.
BY THE COURT,
Xseph Schalk, Esquire
Phelan Hallinan, LLP
126 Locust Street
Harrisburg, PA 17101
For the Plaintiff
/'ark K. Emery, Esquire
410 North Second Street
Harrisburg, PA 17101
For the Defendants
The United States of America
c/o U.S. Attorney for the Middle District of PA
P. O. Box 11754
Harrisburg, PA 17108-1754
eorees Mui LEL
"// 7//4/
fr-)
Chabat
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103