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HomeMy WebLinkAbout02-5555MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 BANK ONE, N.A. PO BOX 710097 COLUMBUS, OH 43271-0091 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff VS. KEV1N J COONEY 111 E LOCUST STREET MECHANICBURG PA 17055 BRENDA L COONEY 111 E LOCUST STREET MECHANICBURG PA 17055 CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT Defendant(s) 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 judgement 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE PA 17013 800 990 9108 717 249 3166 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 BANK ONE, N.A. COURT OF COMMON PLEAS PO BOX 710097 COLUMBUS, OH 43271-0091 CUMBERLAND COUNTY Plaintiff VS. KEVIN J COONEY 11 t E LOCUST STREET MECHANICBURG PA 17055 BRENDA L COONEY 111 E LOCUST STREET MECHANICBURG PA 17055 No.: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT Defendant(s) CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT 1. Bank One, N.A. (hereinafter referred to as "Plaintiff') is a mortgage corporation, conducting business under the laws of the Commonwealth of Pennsylvania and brings this action to foreclose in the Mortgage executed between Kevin Cooney and Brenda Cooney, mortgagor(s) hereinafter referred to as "Defendant(s)" and Bank One, NA. Said Mortgage is dated July 24, 2000 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County, Pennsylvania on August 11, 2000, Mortgage Book 1633, page 340. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit "A". 2. The Mortgage secures Defendants' Note dated July 24, 2000, in the amount of $95,500.00 payable to Plaintiff in monthly installments with an interest rate of 10.75%. A copy of the Note is attached hereto and made a part hereof as Exhibit "B". 3. The land subject to the mortgage is: 111 E Locust Street, Mechanicsburg PA 17055, A copy of the legal description is attached hereto and incorporated by reference. 4. The Defendant(s), Kevin J Cooney and Brenda L Cooney, are the Real Owner(s) of the land subject to the mortgage. The Defendant(s) mailing address is 111 E Locust Street, Mechanicsburg PA 17055. 5. The Mortgage is now in default due to the failure of the Defendant(s) to make payments as they became due and owing. The following amounts are due: Principal Balance Interest Calculated to May 28, 2002 Attorney Fees Total $ 94,639.87 $ 5,305.98 $ 4,731.99 $104,677.84 plus interest from 05/28/02 at $27.87 per day, costs of suit and attorney fees. 6. The Defendant(s) has not cured the default. 7. Defendant(s) has been served with notice In accordance with the Homeowner's Emergency mortgage Assistance Act of 1983. A copy of the notice is attached hereto and made a part hereof as Exhibit "C". WHEREFORE, Plaintiff requests the court enter Judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $104,677.84 together with interest from 05/28/02 at $27.87 per day, costs of suit and attorney fees. MATTLEMAN, WEINROTH & MILLER #60068 847/59497 VERIFICATION I, Susanne E Gale state that I am the FCL SpecialistofBank One, N.A., Plaintiff herein, that I am acquainted with the facts set forth in the foregoing Complaint; that the same are true and correct to the best of my knowledge; information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Title: ~Of'e C,{ OSOr ~,.,~O~ ~ , Exhibit "A" RODERT P. ZIECLER RECORDS2 OF DEEDS GU~BERLAND COUNTY-PA ISpace Above This Une For Recording Data] MORTGAGE 70 ab ? / THIS MORTGAGE ("Security Imtmmen~") is given on ..... .d-...l~..y...2.~...2..0..0..0. .... The mortgagor ('Borrower"). This Sceurity Instrumem is given to .~.....(~..~....[~.. ................................................................ .................... , wh ch is organ zed and existing under the laws of ~ Uni'cecl States o1~ 2~exi.ca and whose ~' ' ......................................................................................................................... , enQreas 1S ~....q: ~ ~).q.o..9~. ~,.....~......~..~2~.-.o..Q.9.! ........................................................... (~Lender"). Borrower owes Lender the p~ pal sum of ~ .F.~..~.....~......b!O./..1..O..0..*...*. 2..*...*. 2 ..*.. * * * * * * * * * ~' * * * ~' * * * * 95 000 00 · ' '-' ': ' '' ................................................................... Dol)ars (U.S. $ ...... ( ...... : ................... ). Thxs debt ms evidenced by Borrower's note dated the same date as this Security Instrument ("Note'), which provid~ for monthly payments, with the fu debt, if not paid earlier, due and payable on ...'J..t~.Y...2..8.,...2..0..3-5. ....... This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with hlterest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and'agreements under this Security lnstrament end the Note. For~Borrower does hereby mortgage, grant and convey to Lender the following described property located in ............................................................................ County, Pennsylvania: See exh~i.r_ 'n' attached hereto and raacla a part hexe~f. which has the address of lll )~ ~ ST Pennsylvania...$.?..0..5..5. ........ ; ..... ("Property Address') TOGaTHEa Wrm all the improvements now or hereafter ereaed on the .p.r?per~., ..and. all. ........... · .A.~.~,~ a ,-an of the ,~ror, eny All replacements end additions suan .also ~e enveren vy mis occur y enl. All of the fore oin is referred to In this ~ecurlty anstmmen~ ,e, . :~,,~., .... _,. Instmm~o.~'~fi~ C~v~^~g~ ~h~t Borrower is lawfully saised of the estate bereoy conveyen ~a nas the. riga, ½? m~o_~_g~a..g.~,. grant and convey the r'rop~rty aun m.at. m~ .r,o_~,,~ ~.,,-~_~:_~ .,, .,.;,~: k-~5 a,-mands subiect to any encumbrances of warrants and will defend generally the title t~ ~e ~x~perty agaanst m~ ,.,~, ..... , ~ - rec°rd'Tuts $~cuP. n'~ Iss~u~x combines uniform enveanms for national ~ and non-unlfurm covenants with limit~ 1, Payment of Princiun! and Inierest; Prepayment and Late c:narges. ~orrower snail ~. .. .' .,..,_,....,;a..o,.~ ~ the Note and any ~arepayment and late charges doe under the Note. 2. Funds for Taxes..a.nd Insura.n. ce. S~u~,,~ ,,.,~,,.P, Ph. ~,~,~ until the Note is oaid in full, a sum ('Funds) for: (a) to Lender on the day montllly payments are ,,u and assessments which may attain priori~ over this Security Instrument as a lien on the Property; (b) yearly -. yearly taxes - - ~ n,, ,f ~n~,- Icl yearly hazard or orul~erty insurance premiums; (d)yearly lcasehnld payments or grounu rents on me, trope, y, ".--!L'-2'..C-.~I:,,~. ;~ ..~;. amid/-fl any sums nayable by Borrower flood insurance prcunums, If any, ( ) Y , Y .g g . . , ,. ~ a. ...... , ,,¢ ,~-rtoaoe msurence orenuums. /mum amount a lendsr for a fedarail¥, related mortgage loan may requir~ for Borrower's escrow, account .under thc max ............... edures A~ of 1974 ~ amended from lime to time, 12 U.$.C..~ 2601 .et se-q; ("RESPA'), unless another law mat appll. CS .to me run,~ ~p o j_~_~_, .... .:"'~'.- th; amount of Funds due on the basis of c~-rent data and reaSOnable estimates of cxpend~tures of future Escrow Items or omerwlse m acco,u,,.~ The Funds shall be hcld in an ins,tite~.ion..,hose .dcposit~_ ~a~__~,ns,u,_r~__b,y ..a. fe~C~n~ ,~n7;£ Isr~7 am~yal~l~; (includint Lender, if Lender.,s such an .m_s~i_t_u_~.o~r ,,m,~an[o[~o~d~non~ ~p~lyins the Funds, anm~ly anaiyz'mg thc pay the ~ .. .... a~y.,.,,.,,,, i~,~ ,nl~s L~nder nays Borrower interns! on ~ Funds and applicable law md endent real estate tax reportt g . Y . , . . otheeprvJelise Unless an a recment is made or applicable law requu'es interest to be prod, .l.l~ndcr shall unt be .reqmred to..p.ay_ Bo, ,r~ow .er. ~, a. I ,-,~der shut'hiVe to Borwwer, without charge, a~ anunal acenuntmg o~ thc Funds, showing credits and dcbiis to the Funds and (he po;pos= for which each debit to the Funds was madc. The Funds arc pledged as additional s~enrity for ail sums secured by ~is Seenri~ ~st~m~.~nt,~ .~rmitted to be held bY aovlicable law, Lender shall account lo If thc Ftlnds held by Le.n~es cxenc~ ;lle...ami-.- r:----,-,~;~ ~f ~r~lieabl;~ 1~ If the amount of the Funds held by Lender at any time is un, sufficient to pay the ,.row kcms when, due,,._L~.._de,r..ma~y, rs.o~,n~.o~,fY ~]~rr~o~cerr atria; uen~d'fl~nc defiaien in no more than twclvc monthly payments, at. Lendcr.s sole thscre~lon., . ....... ~Ypo. payment in full of all sums secured by this $ecuri7 Insmlm,~t, t.un??r.,snai, l prom~p, uy, Y · · - Y ....... ~--' ---~., an,' Funds held by Lender at the lime of acquisition or sale a~ a credit aRainst the sums secured bythts Security Instnunen.L . ......... :-..~ ~-- Lender under - 3. Appliention of Payments. Unless apphcoble law provmes ome~vis~, ail paymems ara re hs I and 2 shall be applied: fLrSt, tO any prepayment charges due under the Note; second, to amounts payable unuer paragrapa ~ umu,. Property which ~ attain priority over this Security hts~rument, ann lcase~om pay,.m?ts, or greuuu a them on time directly to thc person owed payment. ~,orrowcr :~ , ? 1, · ' o Lender tPo~Y~ paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish t receipts evidencing the payments,... ,' --.~-:-'- ~-~- -,-;~-;,,, Aver this Securit~ instrument unless Borrower: (a) ~l faith the lien by, or defends against enforcement of the lien In, legal~ruceedmgs, which m the Lende. r.s opinion overate to prevent the enforcomcnt of the lien; or (c) secures from the h. olncr, of the }inn ~.a~..ee?__en~t.~t~ut~ot~ I~ender subordinating the lien to this Security Instrument. If Lender detcrmrocs that any part o! the. rr~.pea,~ is, ,u '.l , lien which may attain priority over this Security l.nat, ruaren,, Len~.m~_.Y_§i_v.c.,,.B~.rre~.w~:..~vasno~tg i_~v~j~n~o~ii lien. 5. Hazard or Property Insurance. Borrower shall keep thc improvements now existing or hereafter erected on the PtoperW iosured agalwt loss by fire, hazards included within the term 'extvaded. covcragu" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to l~uder's approval which shall not be unreasonably withheld. If Borrower falls'to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be accaptable to Lender and shall include a standard mortgage clause. Lender shall have the fight to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance cartier and Lender. Lender may make proof of loss if not made p. romptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is econ, omicaily feasthlc and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender s security would be lessened, the insurance procee~ shall b¢ applied to the sum~ secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, than Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not t~:n due. The 30-day period will begin when the notice is given. · . Units. Lender and Bom:)wer otherwise agree in writing, any application of prooeeds to p~incipel shall not extend or postpone th~ due date of th{: monthly payments referred to in p~agrap~ I and 2 or change the amount of the payments, if under paragraph 21 the Property is acquired by Lender, Borrower's right tO any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Oeeulmney, Preservation, M~intemmee and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall oecupy, ef~.ablish, and use the Property as Borrower's principal residence within sixty days after the execution of ~his Security Imsmunem and shall continue lo occupy the Property es Borrower's principal residence for at least one year after the date of oecopa~cy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which a~ beyond Borrower's corm'eL Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiru~ act]on or proceeding, whether civil or criminal, is begun that in Lender's good faith )udgmant could result in forfeiture of the Property or otherwise materially impair the lion created by this Security Instramant or Lender s security interast. Borrower may cure such a default and reinstate, as provided in paragraph lg, by causing the action or prececding to be dismissed wtth a ruling that, in Lender's good faith determinatiott, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, durln.~ the loan application process, gave materially false or inacc~ato information or statements to Leoder (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not linuted to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Secerity Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Bo,:rower acquires fee title to the Property, the le;~chold and the fee title shall not merge unless Lender agr~s to tho merger in writing. ' 7. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements centained in this ~ufity htstrament, or there is a legal proceeding that may significantly affect Lender's fights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or foffalmre or to anfome laws or ;egulations), then L~der may do and pay for whatever is neceasa~ to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing iq court, 'paying reasonsble attorneys' fe~s a~i entering on the .Property to make repairs. Although Lender may take action under this par~agral~h 7, Lend& does not liave to do ~o. . ' Any amounts disbursed by Lender under thi~ paragraph ? shall become additional debt of Borrower secured by this Security instru'w, ant. Uuiass Borrower and Lender agiee to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from I_~nder to Borrower requesting payment. 8. Mortgage: Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums requi~ to maintain the mortgage insurance in effect. If, for any re, on, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially ~quivalent to the mortgage insurance previously in effect at a cost substantially equivalent to the cost to Borrower of the mongugu insurance pr~vionsly in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance preaninm being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance, Leas reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in tlm amounl and for thc period that Lender requires) pwv/ded by an insurer approved by Le~der again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement belween Borrower and Lender or app/cable law. . . 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Properly. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequent/al, in connection with any condenmatioo or other taking of any part of the Property, or for conveyance in lieu of cendenmation, are hereby essigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Prope .~ immediately before-the taking is equal to or greater than the amount of the sums secured by ~hls Security lnstroment lmmedintely before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by thi~ Security Instrument shall be reduced by the amount of the ~ multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, diwded by (b) the fair markel value of the ~ immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwiseprovides, the prooced~ shall be applied to the sums secured by this Security Instroment, whether or not the sums are then due ....... : If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnur offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the pruceeds, at its option, either to restoration or repair of the Propeny or to the sums secured by tiffs Security Instrument, whether or not then due. Unless Lender and Borrower otherwise ague in writing, any application of proceeds to principal shall not extel~d or postpone the due date of the monthly payments referred to inpamgrapb5 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sum~ secured by this Security hstmment granted by Lender tn any successor in interest of Borrower shah not operate to release the liability.of the original BorrOwer or Borrower's successor~ in interest. Lender shall not be recjuired to commenceproceedinga agmnst any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secored by this Security Insu'ument by re/~on of any demand made by the ofigi~l Borrower or Borrower's sueccesor~ in interest. Any forbearance by Lender in exercising any right or remedy shall not be'a waiver of or preclude the exercise of any right or remedy. · 12. Successors und Assigns Bound; Joint and Seve/'al Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind ?d benefit the successors and assigns' of Lender and Borrower, subject to 'the provisions of Jaaragruph 17. Borrower s covenants and agreements shall be~oint and several. Any Borrower who co-signs this Security lnstroment b? does not execute the Note: (a) ia co.signing this Security Instrument only to mortgage, grant · an.d, convey that Borrower s interest in the Property under the terms of this Secofity Instrument; (b) is not personally obligated to pay the .sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may .agree to extend, mothfy, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that. Borrowel~'s consent. . 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such Inan charge shall be reduced by the amount nece .r~. t.o roduce the charge to the permitted limit; and (b) any sums already co]lccted from Borrower which exceeded pemutted bruits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated es a partial prepayment without any prepayment charge under the Note. · 14. Notices. Any notice to Bonower provided for in this Sedufity Instrument sliall l~e given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any,other address Borrower designates by notice to Louder. Any notice to Lender shall be given by first class mail to Lender s address stated herein or any other address Lender designates by notice to Borrower, Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided m this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the juriadictio.n, in w.hich th.e. Propmty is located. In the event that any provision or clause of this Security Instrument or the Note conflicts w~th applicable law, such conflict shall not affect other prov/sion$ of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisiohs of this Security lnstromeot and the Note are declared to he severable. ' 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note end of this Security Inslrumem. ins 1.7..TY.a. usfer of the Pcoperty o.r. a Beneficial luter'est in Borrower If ali or any pa~ of thc Proper~y or any crest m it is sold or tTRllsfctTed (Or If a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person.) wi.~ou~t Len. der's prior w~ittan consent, Lender may, at its option, requirn immediate payment in full of all sums sccuren oy tala :>ecurily Instrument. However, this option shall not be exercised by Lender if exemise is prohibited by federal ]aw aa of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleratiun. The notice shall provide a period of upi less than 30 days from the date the notice is delivered or mailed within which Borrower musl pay all sums secured by this ..Se..cm'ity In.s.t~.m, ent; !f Borrower falls Io pay these sums prior to the expiration of this period, Lender ma invoke any remco]es permitmo oy tills Security Instrument without fu,',~ .... ,:~ A..*____., .-. Y o. ~r~wer s tugns m Kemstate. If Borrower meets certain conditions, Borrower shall have the right to have ~.re.e~_co, t of this Secu~ly?st .mmem discontinued at any time prior to the earlier of: (a) 5 days (or such other riod as Sesunty Instrument, or (b) entry of a judgment enforcing th~s Security Instrument. Those conditions aro that Borrower: (a~ pays Lender all sums which then would be due under this Security Instroment and the Note as if no acceleration had occurred; Co) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcin th s Security Instromant, including, but not limited m, reasonable attorneys' fees; and (d) takes such actinn as Lendergmay r.~e~,.,o~bly require, to assure that. the !i.en of ~.is Security Instromem, Lender's rights in the Property and Borrower s o?~gauon.to pay ~e sums secures by mis Security Instrument shall continue unchanged Unon reinstatement by Borrower nowev~e~ m.?, ng.n[.to.~ ~m~.tate ann.Il not slyly m the case of acceleration under paragraph 17. ' ...... · :,...a~e o.I toes.e! claunge of ~.~ Se~leer. T~.e Note or a partial interest in t~e Note (together with this Securi 0mown as thc 'Loan Servicer~) that collects monthly payments due under the Note and this Securi Instru e Servicer Borrower .4, ~.. ~:.._g_e ... Lo.an Se. rv. icer unscla.ted to a sale of the Note. If there is a change of thc Loan The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information rexiuired by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of .any~Hazardons Substances on or in the Pro]~:)erty. Borrower shall not do, nor allow anyone else to do, anything affecting toe vroperty that is in violation of any Enwrnnmentai Law. The preceding two sentences shall not apply to the presence, ~oSe~o°t~n~°rr~i~u~i~eu~tC~andr~to°fm .~telnq~u~tiot~eO~r~dyOns Substances that are generally recognized to be appropriate Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other aeno · . ~' g y private party nvolvmg the Pro and an H Environmental Law o~ wm~ii~ Borrower has actual knnwl~.a.,. ,F u,.,~, perry . .1.y azardous Substance or _ ~ _ ..... ;, -,-, -,y removm or omer reraantatlon of any Hazardous Substance aff6cting by Environment, :wp a~ ~et ~o~io~azg sdu~U~!a~a~fin~ee t.th.°...se.~su.bst...at~._c__ns_ ~,def'med...as toxic o.r hazardous substances toxic pesticides and herbicides volatile -;~ ....... :-_.~_c-_---:,. ~,.-~,.~, umer uamma~e or textc petroleum products, ...... ,,,~, uuac~ms comaunng aaoestos or formaldehyde, and radioactive material~. As used in this paragraph 20, 'Eoviroamental Law" means federal aws and laws of the jurisdiction where the Property is located that relate to health, safely or env ronmental protection. No~-U~lFo~ COV~At~'rs, Borrower and Leader further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give ootice to Borrower prior to oecal~ention following Borrower's ub:?ess~a°~;in~b~eVl~wn..t~.r.,aa~r ~.~.en_t..,in.th? ~S~c~ uri!y ..lnst?..met (but not prior to acceleration under paragraph 17 rue action cequlred to cure the default; (c) when the default -..,-, specified may malt in uecaleratiou of the sums s~cured by this Security Instrument, foreslnsure by judicial aece, .o, and ,..:oem Bo?wer of the .ci.".e .of Borrower to acceleration and foreclosure. If she default is not cured ns specified, L~nder ut its option may require Immediate payment in full of "11 sums secured by this Security Instrument without further d~nund and may fp°u%~Cul:: ~l~e ~t~Y ~rl~ov~dd~e~tnb, Y~U_d?~l~- p_?e~.eding..I~...uder, shal! be entitled to collect e], expenses incurred in evidence to the ex~ent ~ltted by ;Al~a~lger~aPwn '~'' rucmmng, out not limited ,o, attorneys' fees and costs of title 22. Release. Upon payment ~f ~1'1 sums secured by this Security Instrument, this Securi lnstro .l~l~ Form 3039 9190/page 5o~6) ..: '~ ,.344 23. Waivers. Borrower, to the extent permitled by applicable law, waives and releases any error or defec[s in proee~ings to enforce this S~'urity Instrument, and hereby waives the benefit of any present or furore laws providing for stay of execution, extension of tim=, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time tn reinstate provided in paragraph 18 shall extend to om: hour prior to the commen~me~t of bidding at a sheriff's ~ale or other gale pursuant to this S~curity Instrument. · 2.$. Purchase Money .l~lo. rtgal;e. If any of thc debt secured by this S~curity Instrument is lent to Borrower to acqulro title to the Property, this Security Instrument shall be a purchase mou~y mortgage. 2.6. Inte~. t Rate After Judgment. Borrower agrees that the interest rote payable al%r a judgment is enU~red on the Note or m ~ actton of .mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If om: or moro riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] [] Adjustable Rate Rider [~] Condominium Rider [] 1-4 Family Rider f-I Graduated Payment Rider [] Planned Unit Development Rider [] Biweekly Payment Rider ~ Balloon Rider [] Rate Improvement Rider [] Second Home Rider [] Other(s) [specify) BY SIGNING BE, LOW, Borrower acoapts and agrees.to.thc terms and covenants contained in this Security Instrument and in any rider(s) cxecu~d by Borrower and recorded with it. -Borrower ISpaco Below This Line For~Lr~n~wledgmentl COMMONWEAL TH OF PENNS~V~, .~.~ .' On ~is, ~e ...,~.. day of .,~,..~Q,~ ........... · .................... before ~ ..................................... .:'~' ~'"'~: .............................................................................................. ~own W me (or sathf~tofily ' prove) to ~ ~e ~n$. ...... whose n~e ~ ................. ~ ..................... ~bsc~ W ~e wi~in i~ent ~d a~owl~g~ ~at ................ ~ ............................ ex~t~ ~e s~e for ~e pu~ses he~in cont~n~. 1N WITN~S ~EOF, I he~to ~t my h~d ~d~f~m~ ~.. . INCLt~D£D iN AND FORMING PART OF THE SECURITY TITLE GUARANTEE CORPORATION OF BALTIMORE COMMITMENT NO,~05865. · FILE # 2S~ ~.. SCHEDULE C BEING THE SAME PREMISES WHICH Roberta S. Stoner, a single woman, by her deed.-d~.e.'~l.:..i'' ,;; October 24, 1994 and recorded October 25, 1994 in the Office of the Recorder of Dee~t~:,i~:"":-."-,:", !. and for Cumberland County in Deed Book 1 t3, Page 1048, granted and conveyed u:nti5 K~Vin J. Cooney and Brenda L. Cooney, his wife. " *" THE SECURITY TITLE GUARANTEE CORPORATION OF BALTIMORE ,, ~ · Authorlz~d Officer or Agent Exhibit "B" PAYMENT RIDER THIS PAYMENT RIDER is made this ..... ~.~h, ..... day of ...... vT..'k0.Y.,..~.0.q0. .............. and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "sccurity Instrument") of the same"d,~'_e_':~iven by the-undersigned (the 'Borrower") to secure Borrower's Note to .]~a4'~..(~1~,..~t. ,.. D.:tgA-m-~:~.~:l' ~ .%v~.~;,iA.~ ......... .~r, .~h~.. ~,~..~...O~..t, he...t~.e~t..$.~nt.~...O~. ~,C, s3. :'..: d .................... (the "-'Lender ") of the same date and covering the property describ~,c~.in tl~e'S.<urity Instrume.n.t;and located at: 2,~kk .~. ~. ~.~..~,~.,..P~.... ~7.0 .~5.... '. :.. ;..~ ................ :.:!.:.: .................... ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. SCHEDULED PAYMENTS OF PRINCIPAL AND INTEREST The Note provides for scheduled payments of principal and interest as follows: 3, PAYMENTS (A) Scheduled Payments I will pay principal and interest by making payments when scheduled: ~]:1 will make .......... .3,.7.~. ........... payments of $ .~.~7..,.~. ....................... each on the ...................... ~.~, ..................... of each .J~h ............................................ .......................................................... beginning on ...~t,..~,~.~..2~).O .......... [] I will make payments as follows: :[~ln addition to the payments described above, 1 will pay a "balloon payment" of $.7.~., ~,~.$...~.~, ............... on...~.L~y..~...2.Q~5 ............. The Note Holder will deliver or mail to me notice prior to maturity that thc balloon payment is duc. This notice will state the balloon payment amount and the date that it is due. (B) Maturity Date and Plaee of Pdyments · I will make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My scheduled payments will be applied to interest before principal. If, on ...~.~-.Z.;~., .2.0~5 ............ I still owe amounts ,. under this Note, 1 will pay those amounts in full on that date, which is callat the "maturity date." I will make my scheduled payments at ..~.:Q :..~.~. ,7.1D.0~.?.~..~,.. ~ ................. .4~.~.7~',00,~.? ...................................... or at a different place if required by the Note Holder. MULTIPURPOSE FIXED RATE PAYMENT RIDER (MULTISTATE) ~' od633i ',347 ' ' B. FUNDS FOR TAXES AND INSURANCE (check one) [] Uniform Covenant 2 of the Security Instrument is waived by the Lender. [] Uniform Covenant 2 of the Security lmtrumcnt is amended to read as follows: 1. The word "monthly' is changed to "scheduled." 2. Paragraph 3 is amended to read as follows: If the funds held by Lender exceed the amounts permitted to be held by applicable law. Lender shall account to the Borrower for the cxce~s Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at that time is not sufficient to pay the Escrow Items when duc, Lender may so notify Borrower in writing, and, in such case Borrower shall pay m Lender the amount necessary to make up the shortage or deficiency. Borrower shall make up the shortage or deficiency at Lender's sole discretion, subject to the requirements of applicable law. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Payment Rider. Stat: of Fenns¥1venia '[ c, ou nl¥ of CumberlandJ Recorded in the, office for the recording of Deeds ,348 /BANK (l~, b[~ P.O. BfZ( 710097 ~, OH 43271-0097 LENDER'S NAME AND ADDRESS TERMS FOLLOWING A [] APP~.Y ONLY IF CHECKED BR~qDA L ~ 111 E LOO~T ~T ~O[~.N'[C~[q~, ~. 17055 %ccc~nt # 1870069761 Secomiary Mortgage Lo~ This agreement is subject to the provisions of the Secondary Mortgage Loan Act. For value received, I ~romise to pay to you a! your address listed a~ova the PRINCIPAL sum o! ~ ~"V~ ~ of the late Dav~mut 179 paymmnts of $887.42 each c~ the 28th of each m~lth be~irmin~ c~ /~gust 28, 2000 In mAa~tica to t.he payers described above, I will pa~ a 'ball°ca payment' of $79,995.21 c~ · July 28, 2015, ~J~If~SE ~Q SEC~ DEBT I~AT~D JOLy 24. 2000 SEOJRING THE PPJ/qCIPAL ~ OF $95. 000.00 Exhibit "C" MATTLEMAN WEINROTH & MILLER A PROFESSIONAL CORPORATION 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 Telephone: (856) 429-5507 Facsimile: (856) 429-9036 www.mwm-law.com Our File No.847.59497 September 17, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortqaqe on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paqes The HOMEOWNER's MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proqram works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselinq Aqency The name, address and phone number of Consumer Credit Counselinq Agencies servin(~ your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Aqency toll free at 1-800-342-2397. (Persons with impaired hearinR can call (717) 780-1869. September 17, 2002 Page 2 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney n your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DALVAR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA HOMEOWNERS' NAME: MAILING ADDRESS: LOAN ACCT. NO.: CURRENT LENDER/SERVICER: Kevin J Cooney and Brenda Cooney 111 E Locust Street Mechanicsburg PA 17055 001000241870069761 Bank One YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS IF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF ¥OIJR DEFALTI,"I' HAS BEEN CAIJSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURF YOUR MORTGAGE DEFAULT"/EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. September 17, 2002 Page 3 CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desiqnated consumer counselinq aqencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages fir specific information about the nature or your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinq it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 111 E Locust Street Mechanicsburg PA 17055 September 17, 2002 Page 4 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: May 28, 2002 to August 28, 2002 at $887.42per month Late Fee $50.00 TOTAL AMOUNT PAST DUE: $3,599.68 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of this date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $3,599.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Bank One Midwest Direct Collection Center WI1-4030 PO Box 2071 Milwaukee, WI 53201 IF YOU DO NT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - if you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and September 17, 2002 Page 5 by per[orming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately FIVE (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Bank One WI1-4030 PO Box 2071 Milwaukee, WI 53201 Phone Number: 1-800-576-6730 Contact Person: Direct Collection Center EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff' Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to ir at the sale and that the other requirements of the mortgage are satisfied. Please contact: Bank One Midwest Direct Collection Center WI1-4030 PO Box 2071 Milwaukee, WI 53201 1-800-576-6730 YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) September 17, 2002 Page 6 TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS TO ASSERT ANY OTHER DEFENSE YOU BELl EVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING INCLUDED. AGEN(~IES SERVING YOUR COUNTY IS Shar0~,'"Esquire Mattleman, Weinroth & Miller SHERIFF'S RETURN - REGULAR CASE NO: 2002-05555 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NA VS COONEY KEVIN J ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon COONEY KEVIN J the DEFENDANT at 111 E LOCUST STREET , at 2114:00 HOURS, on the 25th day of November , 2002 MECHANICSBURG, PA 17055 by handing to BRENDA L COONEY 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 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this /P ~ day of ~ ~o2~ A.D. ~ ' Prot~onota~p ~-~ So Answers: .! ~-P~-~ :~_,~...:,. ~/.. ~_~.~ R. Thomas Kline 11/27/2002 MATTLEMAN WEINROTH MILLER Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05555 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NA VS COONEY KEVIN J ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon COONEY BRENDA L the DEFENDANT , at 2114:00 HOURS, on the 25th day of November , 2002 at 111 E LOCUST STREET MECHANICSBURG, PA 17055 BRENDA COONEY by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 7~ day of ~~ ~2_~ A.D. o So Answers: Thomas Kline 11/27/2002 MATTLEMAN WEINROTH MILLER ~ Sheriff MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney I.D. No.: 60068 Land Title Building - Suite 2226 Broad and Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaimiff BANK ONE, N.A. Our File No.: 847/59497 COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. KEVIN J. COONEY and BP~DNA L. COONEY Defendant TO THE PROTHONOTARY: NO.: 02-5555 CIVIL TERM Praecipe to Dismiss ..Complaint Without Prejudice Kindly dismiss the above captioned Mortgage Foreclosure Complaint without prejudice. MATTLEMAN, WEINROTH & MILLER SHARON ORAS MORGAn, ESQUIRE ATTORNEY ID NO.: 60068