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Home My WebLink About06-1557 , '" " Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Idenlification No. 62695 One Penn Center A Suburban Station Suite 1400 Pbiladelphia, P A 19103 (215) 563-7000 Attorney for Plaintiff GMAC Mortgage Corporation 500 Enterprise Road, Suite 150 Horsham, PA 19044 Court of Common Pleas Civil Division v. Cumberland County Sherian L. Hockenbraugh Or Occupants 307 North Enola Drive Enola, P A 17025 Term No. 010 - j SSJ CUll ~~ CIVIL ACTION - EJECTMENT **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 and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property."'''' 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 (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 and other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. You should lake this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. 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 CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 PHS #: 132883 ; '. 1. Plaintiff is GMAC Mortgage Corporation. 2. Defendant is Sherian L. Hockenbraugh Or Occupants. 3. Plaintitfis equitable owner of premises located at 307 North Enola Drive, Enola, PA 17025, a legal description of which is attached. 4, Plaintiff became owner of said premises as a result of foreclosure and judicial sale by the Sheriff of Cumberland County, on March 8, 2006. 5. Plaintiff, by virtue of the above, is the equitable owner of said premises, and is entitled to possession thereof. The defendant is occupying the said premises without right and so far as the plaintiff is infonned, without claim of title. 6. Plaintiff has demanded possession of the said premises from the said defendant who has refused to deliver up possession of same. WHEREFORE, plaintiff seeks to recover possession of said premises. <~ , , ALL TBA T CERTAIN tract or parcel of ground with the improvements thereon erect..u. sirnale in the Township of E3St Pennsboro, Cumberland County. Pennsylvania, bounded and descl'ibed in accordance widl a survey and plan thereof made Febru:uy 19, 1971. prepared by Gerrit J. Bel.%. Registered Surveyor. 1I3 follows. to wit: . BEGINNING at a point on the westerly line of Nortil Enola Drive. which poinl is one hundred cigJtty~ight and six hundredths (188.06) feet soutuwardly of thc southwesterly corner of North Enola Drive alll.! Sh,,,.ly LlIlle; thence along the westerly Iille or North Enola Drive. South ten (to) de~ces t.hirty (0) minutes East twenty-five (25) feet to a palm; thence Ulrou~h the center of a party w"lI an" beyond. South seventy-nine Cl9) degrees forty (40) minutes WeSl one hundrcl.! sixty five and seventy-six hundredths (165.76) feet to a I'oint on the easterly line of property now or late of MlIrlin H. Foster. Sr.; thence along same North fourteen (14) dell:= filty-four (54) minutes West lwenty-five and eight hundredUls (25.08) reet to an iron pin; thence North seventy-nine Cl9) desree:s forty (40) minul.CS East one hundred sixty-seven and seventy-four hundredths. (167.74) feet to a point. the place of BEGINNING. PREMISES BEING ON: 307 NORTH ENOLA DRIVE BEING the same premises that Genesis Capital Group, Inc, by it's deed dated April 3, 1998 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania on April 3, 1998 in Deed Book Volume 174, Page 1087, granted and conveyed unto Reuben H. Hockenbraugh and Sherian 1. Hockenbraugh, Grantor herein. " . . VERIFICATION Francis S. Hallinan hereby states that he is the attorney for the Plaintiff in this eviction action and is authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to the best of my knowledge, information, and belief. I was the attorney for the Plaintiff or Plaintiff's predecessor in interest in the underlying foreclosure action. I am with the law firm on the writ of execution, and my law firm or an agent of my firm purchased the property on behalf of the Plaintiff by bidding on the property at the sheriff's sale. I am making this verification rather than a representative of the Plaintiff because I have personal knowledge of the purchase of this property at sheriffs sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ., 1/ G ( ob Dat~ ' ~ . c..L.J..".......~. -_.'~<J ~~~ . ancis S. Hallinan, Esqwre Attorney for Plaintiff ~ ~, 0 p 0 ,~::::;\ ~...., .~(1 ~ lr( (";- ,.,-. ~~~ lL -~ -~.: r: ..~,~ (rr, :c,.. n'r:: i \ ,-:Ij +;^-.'J -::P.\:!J if\ 1:.. lJt --' t'~~\~~, - \) .~. .~ l ~ -e .. --0 r:f;r~. _"J~ -" -U C-:? -._~". ~ ~ - , ;q; --:r. D p~ - '-< 0J W ...( a; ~ -- .... Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff GMAC Mortgage Corporation COURT OF COMMON PLEAS CIVIL DIVISION vs No. 06-1557 Civil Term Cumberland County Sherian L. Hockenbraugh Or Occupants 307 North Enola Drive Enola, P A 17025 PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff. GMAC Mortgage Corporation and against the Defendant(s) Sherian L. Hockenbraugh and Or Occupants for possession of premises, 307 North Enola Drive, Enola, P A 17025 for failure to file an Answer within twenty (20) days of service. I hereby certify that according to Rule 237.1, written lO-day notice of Plaintiffs intention to file a praecipe for Entry of default Judgment was mailed to Defendant(s), a true and correct copy of which is attached hereto. Default Judgment entered as indicated above. DATE ". ~ ~ ,PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 171 'i) 'i1i1-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff : COURT OF COMMON PLEAS : CIVIL DMSION Vs. : CUMBERLAND COUNTY SHERIAN L HOCKENBRAUGH OR OCCUPANTS Defendants : NO. 06-1557 CNIL TERM TO: SHERIAN L HOCKENBRAUGH OR OCCUPANTS 307 NORTH ENOLA DRIVE ENOLA, PA 17025 FILE COpy DATE OF NOTICE: APRIl. n 2006 TIllS 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.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 DEF AUL T BECAUSE YOU HA VE 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 MAYBE 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 AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ,---- CIS S. HALLINAN, ES eys for Plaintiff ,. ..... Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103 (215) 563-7000 Attorney for Plaintiff GMAC Mortgage Corporation COURT OF COMMON PLEAS CIVIL DIVISION vs No. 06-1557 Civil Tenn Sherian L. Hockenbraugh Or Occupants 307 North Enola Drive Enola, P A 17025 Cumberland County VERIFICATION OF NON-MILITARY SERVICE FRANCIS S. HALLINAN, ESQUIRE, hereby verifies that he is Attorney for Plaintiff in the above captioned matter, and that on infonnation and belief, he has knowledge of the following facts, to wit: (a) That the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) That defendant Sherian L. Hockenbraugh Or occupants, is over 18 years of age, and resides at 307 North Enola Drive, Enola, P A 17025. This statement is made subject to the penalties of 18 P A. C.S.S 4904 relating to unsworn falsification to authorities. y- ..tQ 0 .-~ 0 P c~:t t -p -C r~_..:. c.:> -0 (;:;.... 1'1- , ;::;.... ..... "\I:- , -0 ~......" <1- \) ;::,) \';1~:::: (',"1 \) 1'.) r'" -l 'r ~ ..2:. --U :,") - ...:t -C ~'\'" ,-,.. ~ ~ \... ) ...::t ...a <.? ~:~:irn ~ ..;:-1 ~ ""V ~ ~ij \lS \:) ~ r 0' :.<. - () ~ ~ ~ r-- PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland GMAC Mortgage Corporation COURT OF COMMON PLEAS CIVIL DIVISION vs No. 06-1557 Civil Term Sherian 1. Hockenbraugh Or Occupants 307 North Enola Drive Enola, P A 17025 Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 307 North Enola Drive, Enola, P A 17025 **PLEASE SEE THE ATIACHED LEGAL DESCRIPTION*** Being Known as No. 307 North Enola Drive t: -e p --r tv 7'- ,...~ 1:- ...... -4Q ~;::i () ~ b it. ~ ~ Cf\ ~ c:;'.... -T1 --- .-\ 9 :-0 ~ V) "'" ::J:-r' :-- --a r~" .' F ...... ~ \) ,J ~ Cfl 1-J ~~ "r~ \) \,7"', 'l f'-1 Ci ~ C 0 c <;) C) -" , 'J "'\) C> (~-' I . ....\ ~ ~ ~ I I I -:::; ~....::., ..,\ ~~ - <C) -.' ~ 'l ~ <f! -\,_~)n \ ~ --t\ :::: ::, .... ~-t ,... !::'" .... ",,", - ~ 0"" ::<. t' f1 c .., , ,... .... ( ~ WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) '" ..... , GMAC MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06-1557-CIVIL TERM Term No. Term Costs SHERIAN L. HOCKENBRAUGH AIl'y. Pl'ff (s) $ 120.70 $ $ 1. 00 OR OCCUPANTS Prothy. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County, Pennsylvania (I) To satisfy the judgment for possession in the above mailer you are directed to deliver possession of the following described properly to: GMAC MORTGAGE CORPORATION ~. ? Plaintiff (s) being: (Premises as follows): 307 NORTH ENOLA DRIVE ENOLA, PA 17025 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any properly of the defen- dant (s) and sell hislher (or their) interest therein. (SEAL) ounty, Pennsylvania Dale April 27. 2006 By: ,- oJ :> ~ "J r.n 2l' "0 ~ 'l- z 8: ~ ::T s; n>-l i:'1 " '" ~ ? .... - ,:,,' c:z @ Et{ ::T ~ ~ '" C') ':" en a:: >-3 '" i:'1 H ~ :>0 ~ Z '" H a ~s;j 0 z ~ ~ '" I ~ C') . ="~ ~ :;.:In ,... i:'1 ,... t"'o '" ::T Z ~ '" '" " ..., ?:':;.:l ~ ~e. .... @ ~ ::0 n>-l 0 i:'1 t:i~ .>-3 C') "Cl H a C') H ~ "" 2i =,,0 no <:: g; 0 H " '" ..... "':\ i:l 0",:\ ,... .... c:: n "" '" '" 0 ...."'0 ~ <: ~ C:n ..., 3 c:: i:'1 '" $0 ", 20 i:'1 lil '" - '" '" .1:/.) ~a:: ~ '< .0 ....1:/.) 1;J g; . . ....t>1 H ?r~ 0'>1:/.) 0 ~ ;;Sa:: en '" <hI:/.) :<l " ..., t>1>-1 zo .... ;:; >-30 0 ZZ '" '" <: C') & H ..., ..., ..., ..., ('lZ C') 00"'0 ~ ~ 0 c:: ><t'" z ~ ~' '" ~.~ ,... g; "'. ,... ..., ;.0:00 0 '" zo W >-1",:\ ;l>- By virtue of this writ, on the day of I caused the within named ' to have possession of the premises described with the appurtenances, and So Answers, ~ Sworn and subscribed to before me this day of Sheriff By Prothonotary Deputy " -- ALL TBA T CERTAIN tract or parc:=1 of ground with the improvements thereon erecte<l. situate in !be Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described in accordance widl a survey and plan thereof made: February 19. 1971, preparccl by Oerrlt 1. Bel%, Reaistc:rcd Surveyor. as follows. to wit: . BEGINNING at a point on the w=!y line of NorUl Enola Drive, which poinL Is one hundrcd clghty~icht and six hundredths (188.06) feet soutbwardly of the southwcsterly corner of North Enol.. Drive and Sh:K1y Lane; Lhence atong Lhe wesrc:rly line or North Ertola Drive. South ten (10) de;rces thirty (30) minuccs East twenty-flve (2.:5) feet to a point: thence U1rou~h the cemer of a parry wall and beyond. South sevenLy-nine \79) degrees rorty (40) minuLC$ W....L one bundred sixty five artd seventy-six hundredLhs (165.76) feel LO a ('oint on Ule ~terly line of property now or l:ue of Marlin H. Foster, Sr.; tbenc:c atong same NortJl founcen (14) degt'CC$ fi~-four (S4) minuLeS West. Lwenty-flve and eight hundredUls (25.08) feet to an iron pin: thence North seventy-nine (79) degTe.... Cony (40) minulCS EaSt one hundred slXLy-seven ;md seventy-four hundredthS. (167.74) feeL to a point. the place of BEGINNING. PBEKISES BEING ON: 307 NORTH ENOLA DRIVE BEING the same premises that Genesis Capital Group, Inc, by it's deed dated April 3, 1998 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania on April 3, 1998 in Deed Book Volume 174, Page 1087, granted and conveyed unto Reuben H. Hockenbraugh and Sherian L. Hockenbraugh, Grantor herein. ~ I , SHERIFF'S RETURN - REGULAR CASE NO: 2006-01557 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS HOCKENBRAUGH SHERIAN L BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon HOCKENBRAUGH SHERIAN L the DEFENDANT , at 1428:00 HOURS, on the 23rd day of March 2006 at 307 NORTH ENOLA DRIVE ENOLA, PA 17025 by handing to SHERIAN HOCKENBRAUGH a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13.20 .00 10.00 .00 41. 20 So Answers: rg?~j~~ R. Thomas Kline Deputy 03/27/2006 PHELAN HALLINAN Sworn and Subscribed to before By: me this /q ~ day of M; ,bot.,.. A.D. Prothonotary PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Esquire Atty. I.D. No.: 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff Court of Common Pleas CUMBERLAND County No. 06-1557 vs. SHERIAN 1. HOCKENBRAUGH OR OCCUPANTS Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, SATISFY JUDGMENT AND DISCONTINUE AND END ACTION. WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, satisfy the judgment and mark this case discontinued and ended, upon payment of your costs only. c./aa/oc' , ~~SW~ ranClS S. HaIIman Attorney for Plaintiff Date PHS # 132883 .'.) ^"::n .....-c. r...) 'j::;' c:) ,.. -4 -.I ;J:> I-' 0 l-:<j en "'tl :Q ;J:> Z Z z ~ ::> "'1 (j~ 0.- 0\ 0 ~ ..... ~ 0 0 0.- I-' trJ 0 ....... .....~ CIl ~Z -....J "'1 ::r ----. '-;< ::Ij '"' S:i (l) '"d (') ';< CIl trJ ~~ '-" CIl c...., trJ. H :::d (') CIl "'-:l Z CIl H 0:;= 0 :;:<: Z ~ 6 trltrj 0\ CIl ~ ~(j I ~ t:P (') . ~~ I-' t'" trJ t'" 0 t"'lO \J1 ::r ~ z ~ ~~ :;I> >e \J1 (l) t:l t-3 ::t: 0 -....J >-t . trJ Z~ 0 :::d t'" (j~ 0 trJ n "0 H . ~ (') (') O~ H l:o' !Q) Z ~O ~ (jO ~ "0 ~ 0 H 0 CIl <J ~"'" ~ 0"", t; >-t C t:P CIl b:l 0 ...."'tl ~ < 0 ~(j t-3 :3 c trJ CIl ~O CIl S ~O trJ :::d CIl ..... '?V) l:o' CIl fi b:l .0 ~V) ~ ,,0<:: ~ '< ~ . ....trj H 0", 0 "'tl~ 0' ~V) 0 Z CIl CIl 01 V) :::d trlO 0 t-3 trl- Zz >-t > ~O 0 ~ ~ -< '"d t-3 0Z (') Z"'tl (\) 0.. > H ~ ~ ~ ~ (') rJJt"'l ',", >-t ~ c:: :3 :3 ~ ~ '"d ~.trj I-' S; t"'l;..- 1.0. ..; ~V) I-' t-3 0 CIl ZO w -"'" ;..- By virtue of this writ, on the 15th day of June , 2006 I caused the within named GMAC Mortgage Corporation , to have possession of the premises descfibed *RK~IUt~~}{~XX..." 307 N. . Enola Dr Enola, PA 17025 Sheriff's Return Docketing Surcharge Pro thy Poundage Milage Possession 18.00 20.00 1:00 1.65 13.20 ~~:~~/O- Advance Costs: 150.00 Sheriff's Costs:83.85 bb.l,) Refunded to Atty on 6/15/06 t,j.u/o<e. SO?~J ~.. ~~,~ -- ~ - Sheriff By l~ l. \lO Sworn and subscribed to before me this day of Prothonotary WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) GMAC MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-1557-CIVTL TER...'1 Term No. Term vs. Costs SHERIAN L. HOCKENBRAUGH Att'y. Pl'ff (s) Prothy. $ 120.70 $ $ 1.00 OR OCCUPANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County, Pennsylvania (1) To satisfy the judgment for possession ih the above matter you are directed to deliver possession of the following described property to: GMAC MORTGAGE CORPORATION Plaintiff (s) being: (Premises as follows): 307 NORTH ENOLA DRIVE ENOLA, PA 17025 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. (SEAL) Pr tho ota!)', Common Pleas COtllt of Cumberland C , Pennsylvania ~_;1C/U2'L9 - 7?f/l4a~/ Deputy Date April 27r 2006