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HomeMy WebLinkAbout08-4294PHELAN HALLINAN & SCHMIEG, LLP 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;" SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 180445 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM CTuiv, V. eml NO. 08 -q277 CUMBERLAND COUNTY TODD E. COONEY SUZANNE R. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 180445 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 180445 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH File #: 180445 THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 180445 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TODD E. COONEY SUZANNE R. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/09/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1906, Page 4142. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 180445 6. The following amounts are due on the mortgage: Principal Balance $129,980.09 Interest $6,512.64 09/01/2007 through 07/15/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $309.22 05/09/2005 to 07/15/2008 Cost of Suit and Title Search 550.00 Subtotal $138,601.95 Escrow Credit $0.00 Deficit $532.92 Subtotal 532.92 TOTAL $139,134.87 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 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. File #: 180445 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $139,134.87, together with interest from 07/15/2008 at the rate of $20.48 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP NC T. PH AN, ESQUIRE IS S. HALL , ESQUIRE BtANIELGSCHMIEG, T. 410? ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 180445 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the western line of Thirty-First Street, said pin being one hundred fifty (150) feet north of the northwest corner of Thirty-First Street and Gettysburg-Harrisburg Highway; thence westwardly one hundred sixty (160) feet to an iron pin; thence northwardly sixty (60) feet to an iron pin; thence eastwardly one hundred sixty (160) feet to an iron pin on Thirty-First Street; thence southwardly sixty (60) feet along Thirty-First Street to a pin, the place of BEGINNING. HAVING thereon erected a two story masonry cased frame dwelling house, No. 950 Thirty-First Street, Camp Hill, Lower Allen Township, Pennsylvania. BEING THE SAME PREMISES WHICH Rodger D. Gay and Ann L. Gay, husband and wife, by their deed dated May 1, 1998 and recorded May 4, 1998 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 176, Page 886, granted and conveyed unto Rick A. Ott. TAX PARCEL #13-23-0551-034 PREMISES: 950 SOUTH THIRTY-FIRST STREET File #: 180445 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904-x'elating to unworn falsifications to authorities. Attorney or Plaint ff DATE: - /??? (Ai gn ts5 N 0 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff VS. TODD E. COONEY SUZANNE R. COONEY Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4294 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: 21n?' 7 ? oe Francis S. Hallinan, Esquire Date: PHS #: 180445 .. VERIFICATION Julie Matta hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK, N.A., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: 7/17/08 Name: Mident Matta Title: of Loan Documentation Company: WELLS FARGO BANK, N.A. Loan:0143523918 File #: 180445 r PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff VS. TODD E. COONEY SUZANNE R. COONEY Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-4294 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: TODD E. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 SUZANNE R. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: S-?'?? Francis S. Hallinan, Esquire Date: f c`:, ? ?- ?.-? ?? a ?a :?' - ? -r; c :: c:x ? ? 1 _?. : 3 -", ?..'?: ,_-: • i. ;. ?' .: ? ? ?,,, .. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04294 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS COONEY TODD E ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT COONEY TODD E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , COONEY TODD E 950 S. 31ST STREET CAMP HILL, PA 17011 PER RESIDENT, DEFENDANTS ARE HER LANDLORDS. Sheriff's Costs: Docketing 18.00 Service Not Found Surcharge ? .XlUg 10 D 15.00 5.00 10.00 .00 48.00 So answers : - --..-._"- l' R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 08/05/2008 Sworn and Subscribed to before me this day of A. D. NOT FOUND , as to SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04294 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS COONEY TODD E ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT COONEY SUZANNE R but was unable to locate Her in his bailiwick. He therefore returns the OnT%A 7T T TTTT _ AAnMT Len= NOT FOUND , as to the within named DEFENDANT , COONEY SUZANNE R 950 S 31ST STREET CAMP HILL, PA 17011 PER CURRENT RESIDENT, DEFENDANTS ARE HER LANDLORDS. Sheriff's Costs: Docketing Service Not Found S?a'^Og Surcharge D So answer .y- 6.00 .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 08/05/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04294 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS COONEY TODD E ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT COONEY TODD E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT 4641 WESTPORT DRIVE MECHANICSBURG, PA 17055 COONEY TODD E DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing ? Service Not Found l°?g, gjaa Surcharge -J DiA So answers 6.00 --' __ 10.00 5.00 R. Thoma "Kline 10.00 Sheriff of Cumberland County .00 31.00 PHELAN HALLINAN SCHMIEG 08/15/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04294 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS COONEY TODD E ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT COONEY SUZANNE R COONEY but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT COONEY SUZANNE R COONEY 4641 WESTPORT DRIVE MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service ? .00 Not Found SI408 5.00 Surcharge 00 10.00 So answers- W, R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 08/15/2008 Sworn and Subscribed to before me this day of A. D. 14wA PLAINTIFF WELLS FARGO BANK, NA DEFENDANT TODD E. COONEY SUZANNE R. COONEY AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PHS # 180445 TEAM4/ imr COURT TERM: COURT NO.: 08-4294 CIVIL TERM SERVE TODD E. COONEY AT: TYPE OF ACTION 2626 EAST TULARE AVENUE XX Mortgage Foreclosure VISAILA, CA 93292 XX Civil Action SERVED Served and made known t0T0dj . CpaYlG?/ Defendant on the Z.4 day of, at ?: 3 k , o'clock f. M., atZ624 l Tu lure AVt y ?r 200 ha _ Defendant personally served CA q3,-62, in the manner described below: . `?Adult family member with whom Defendant(s) reside(s). Relationship is W i FP. - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. Other: Description: Age _ Height J i y Weight 3l7 Race t,-Aif Sex Other L -Lk 1- aW W , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complain t in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this3o-j day A40 01 1? N of 'L Cami#f *m# 164063 2002. Nofty P ft - Cawwfb ?"?? ? /n? '_ Notary: hb ?, j6thtL0 1?KVs), Y:C)?` fI.CQ 6X X*kCm' MI?Coafnt. Carftlr NOT SERVED On the _ because: day of 200_, at o'clock M., Defendant NOT FOUND - Moved - Unknown - No Answer Other: Sworn to and subscribed before me this day of By: Notary: - Vacant ATTORNEY FOR PLAINTIFF DANIEE I.D.#62205 RE One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 a N U:LLI p Z C606"f ilk amw3vto - OO&A rAg10i4 vvwo :1 'N PLAINTIFF WELLS FARGO BANK, NA AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PHS # 180445 DEFENDANT TODD E. COONEY SUZANNE R. COONEY TEAM4/ imr COURT TERM: COURT NO.: 08-4294 CIVIL TERM SERVE SUZANNE R. COONEY AT: TYPE OF ACTION 2626 EAST TULARE AVENUE XX Mortgage Foreclosure VISAILA, CA 93292 XX Civil Action SERVED Served and made known to ?)>A2anrle C CnDl'It?J Defendant on the day of -?M-m hrQ, 200 at ? -, o'clock P. M., at bo2.1. F juiarU%, J%a CfilWn the manner described below: _L/Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. Other: Description: Age 3S Height 5 y Weight 1--b_ Race LZ?ff Sex _F Other I, a 1 A H54,114 M , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed J24 MI am before me this - day Co"W "M i 16"0" SAMCOW1V Notary:,-yft,?- AhC6? Bye?? t,cCVUtc. C(' , C'oNM?.iMr1?1?. NOTSERVED On the day of 200, at _ o'clock . M., Defendant NOT FOUND because: -- Moved , Unknown _ No Answer Other: Sworn to and subscribed before me this day of By: Notary: Vacant ATTORNEY FOR PLAINTIFF DANIEL G. SCHMIEG, ESQUIRE I.D.#62205 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 m ?Mbt +R nuirou++?++oJ vow Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 WELLS FARGO BANK, NA VS. TODD E. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 SUZANNE COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 084294 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TODD E. COONEY and SUZANNE COONEY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 07/16/2008 -11/19/2008 TOTAL $139,134.87 2? ,600.96 $141,735.83 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attache Daniel G. Schmieg, E, e Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 021 08 PHS# 180445 PRO PROTHY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 WELLS FARGO BANK, NA VS. TODD E. COONEY SUZANNE COONEY Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 084294 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information 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 TODD E. COONEY is over 18 years of age and resides at 2626 EAST TULARE AVENUE, VISAILA, CA 93292. (c) that defendant SUZANNE COONEY is over 18 years of age, and resides at 2626 EAST TULARE AVENUE, VISAILA, CA 93292. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ,--, Daniel G. Schmieg, Attorney for Plainti 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 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA V. Plaintiff TODD E. COONEY SUZANNE R. COONEY Defendant(s) TO: TODD E. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 DATE OF NOTICE: November 7, 2008 rry THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.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. EWORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-4294 CIVIL TERM CUMBERLAND COUNTY Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JASON RICCO Legal Assistant PHS # 180445 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 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-4294 CIVIL TERM TODD E. COONEY SUZANNE R. COONEY Defendant(s) TO: SUZANNE R. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 DATE OF NOTICE: November 7, 2008 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.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. IlVIPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JASON RICCO Legal Assistant PHS # 180445 .y?- ? V ? w? ? '„ ? ? ? ? y ?1"t ???? ..? ? - . ? t r (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, NA VS. TODD E. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 SUZANNE COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 084294 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on lly a/ , 2008. By: .8£4' e'&&J414-7 If you have any questions concerning this matter p a e contact: **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY" Daniel G. Schmieg, Es u e Attorney or Party Fili 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 563-7000 P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff, V. No. 08-4294 CIVIL TERM TODD E. COONEY SUZANNE R. COONEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $141,735.83 Interest from 11/20/08 TO 3/4/081 $2,446.50 and Costs (per diem -$23.30) TOTAL $144,182.33 i ANIEL G. SC IEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 180445 w? o? a? z? O H V 04 a? O? W?a TW H? ?U J Rj L7 d w a z pO OU U piy W A ?N 0 v? w y O o e?io w o a? U -v w H 4 d N N C4? C? N N M M vv ?c d as rA zz ?d wW N N y p 0 0g 000000 00 r b M N cd W/? 04 kn q ' d 0 °O C N ? CZ) Ck% WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4294 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From TODD E. COONEY and SUiZANNE R. COONEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $141,735.83 L.L. $.50 Interest from 11/20/08 to 3/04/08 (per diem - $23.30) -- $2,446.50 and Costs Atty's Comm % Atty Paid $240.00 Plaintiff Paid Date: 11/26/08 Due Prothy $2.00 Other Costs 1-1 6 Curtis R. Lo 4SAry (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19101-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 By: Deputy PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-18114 (215) 563-7000 WELLS FARGO BANK, N.A. . Plaintiff, . V. TODD E. COONEY SUZANNE R. COONEY Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4294 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL GESQUIRE Attorney for Plaintiff ATTORNEY FOR PLAINTIFF r-4, (D -n ? t on --k WELLS FARGO BANK, N.A. V. Plaintiff, TODD E. COONEY SUZANNE R. COONEY . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4294 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,950 SOUTH THIRTY-FIRST STREET, CAMP HILL, PA 17011. 1 Name and address of Owner(s) o? reputed Owner(s): Name TODD E. COONEY SUZANNE R. COONEY judgment creditor whose judgment is a record lien on the real 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 2626 EAST TULARE AVENUE VISAILA, CA 93292 2626 EAST TULARE AVENUE VISAILA, CA 93292 Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name American Home Improvement Finance Company Last Known Address (if address cannot be reasonably ascertained, please indicate) 4041 Powder Mill Road, Suite 204 Calverton, MD 20705 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 950 SOUTH THIRTY-FIRST STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements mace in this affidavit are true and correct to the best of my personal knowledge or information and belief.i I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to au November 25, 2008 DATE ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, V. TODD E. COONEY SUZANNE R. COONEY Defendant(s). CUMBERLAND COUNTY No. 08-4294 CIVIL TERM November 25, 2008 TO: TODD E. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 SUZANNE R. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 9,50 SOUTH THIRTY-FIRST STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $141,735.83 obtained by WELLS FARGO BANK, N.A.. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) TO RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 21 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of: your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative?of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the western line of Thirty-First Street, said pin being one hundred fifty (150) feet north of the northwest corner of Thirty-First Street and Gettysburg-Harrisburg Highway; thence westwardly one hundred sixty (160) feet to an iron pin; thence northwardly sixty (60) feet to an iron pin; thence eastwardly one hundred sixty (160) feet to an iron pin on Thirty-First Street; thence southwardly sixty (60) feet along Thirty-First Street to a pin, the place of BEGINNING. HAVING thereon erected a two story maso cased frame dwelling house, No. 950 Thirty-First Street Camp Hill Lower Allen Township, Pennsylvania. TITLE TO SAID PREMISES IS VESTED Todd E. Cooney and Suzanne R. Cooney, h/w, by Deed from Rick A. Ott, single man, dated 0$/09/2005, recorded 05/11/2005 in Book 268, Page 4142 PREMISES BEING: 950 SOUTH THIRTY-FIRST STREET, CAMP HILL, PA 17011 PARCEL NO. 13-23-0551-034 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County TODD E. COONEY SUZANNE R. COONEY No. 08-4294 CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 17, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on November 21, 2008 in the amount of $141,735.83. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 4, 2009. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $129,980.09 Interest Through March 4, 2009 $11,214.37 Per Diem $20.48 Late Charges $309.22 Legal fees $1,675.00 Cost of Suit and Title $2,036.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $60.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $20.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,751.78 TOTAL $147,046.96 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 7, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ? 107 By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County TODD E. COONEY SUZANNE R. COONEY No. 08-4294 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE TODD E. COONEY and SUZANNE R. COONEY executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 950 SOUTH THIRTY-FIRST STREET, CAMP HILL, PA 17011. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ! /? By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP 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 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 180445 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. TODD E. COONEY SUZANNE R. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 a o -CJ fPr; Cy r-Z.1-r? rr; ,`. m P ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM n NO. QS - ?42Q1 1. l C? rrlr??Q I CU)f&AND COUNTY PLEASE RETURN Defendants 1i?' t;rl1/ $# CIVIL ACTION - LAW within K be iA- true and COMPLAINT IN MORTGAGE FORECI? COPY Of the Orlainal foled of record File #: 180445 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File il: I&W5 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH File #: 180445 THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 180445 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TODD E. COONEY SUZANNE R. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/09/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1906, Page 4142. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 180445 6. The following amounts are due on the mortgage: Principal Balance $129,980.09 Interest $6,512.64 09/01/2007 through 07/15/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $309.22 05/09/2005 to 07/15/2008 Cost of Suit and Title Search 550.00 Subtotal $138,601.95 Escrow Credit $0.00 Deficit $532.92 Subtotal 532.92 TOTAL $139,134.87 7. If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. 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. File #: 180445 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $139,134.87, together with interest from 07/15/2008 at the rate of $20.48 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? ?- ? T -- 4c -4 ?-- .... 5 1 SjANI ? ENC T.P AN, ESQUIRE CIS S. HALL , ESQUIRE EL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File N: 180445 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the western line of Thirty-First Street, said pin being one hundred fifty (150) feet north of the northwest corner of Thirty-First Street and Gettysburg-Harrisburg Highway; thence westwardly one hundred sixty (160) feet to an iron pin; thence northwardly sixty (60) feet to an iron pin; thence eastwardly one hundred sixty (160) feet to an iron pin on Thirty-First Street; thence southwardly sixty (60) feet along Thirty-First Street to a pin, the place of BEGINNING. HAVING thereon erected a two story masonry cased frame dwelling house, No. 950 Thirty-First Street, Camp Hill, Lower Allen Township, Pennsylvania. BEING THE SAME PREMISES WHICH Rodger D. Gay and Ann L. Gay, husband and wife, by their deed dated May 1, 1998 and recorded May 4, 1998 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 176, Page 886, granted and conveyed unto Rick A. Ott. TAX PARCEL #13-23-0551-034 PREMISES: 950 SOUTH THIRTY-FIRST STREET File #: 180445 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Attomey or Plaint ff DATE: , /5: Of' Exhibit "B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 7FK Boulevard, Ste.1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 320-0007 ATTORNEY FILE COPY PLEASE Pe71J'RN WELLS FARGO BANK, NA CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS TODD E. COONEY CIVIL DIVISION 2626 EAST TULARE AVENUE VISAILA, CA 93292 : NO. 084294 CIVIL TERM SUZANNE COONEY 'V 2626 EAST TULARE AVENUE VISAILA, CA 93292 17 .: PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO N r c , N ANSWER AND ASSESSMENT OF DAMAGES "C TO THE PROTHONOTARY: AkTMRNEY FILE COPY Z --- :? PLEASE RETURN Kindly enter judgment in favor of the Plaintiff and against TODD E. COONEY and SUZANNE COONEY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $139,134.87 Interest - 07/16/2008 -11/19/2008 $2.600.96 TOTAL $141,735.83 I hereby certify that 0) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attachvekd. ATTORNEY FILE COF'YDaniel G. Schmieg, Eipire PLEASE RETURN Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: r ?,l PHU i W"s PRO PR Exhibit "C" ' is A w N G ? ? e D y ? A ? o CA a ?+ r+ h+ A ? ^ O O O N ?t jz nd bG > IV rD ti C1 ro ? C"0 0 Y :Z. NtM A 10 4 rd O p p a ? a Y a a N N N A o o tA > tA > > ? z ?z a . O O O 4f. O O O ? ? rC ?C ?C s: ti' N A O CA O? C > f?D y o•wp^° cy ?] z o H a ?3 a w ` 0 0 ° o r . o ?f 520 x'1 ml 02 1M y . 0004218010 JAN 0 a 7 2009 " MAILED FROWIP CODE 19103 f 4 S y . o? ad' a „ az ¢3 Gn ? a 2 b z r z R° n x r r CD It CD FD rA F CD °o v? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE: Phelan Hallinan & Schmieg, LLP / la ? ? B Y• Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff Court of Common Pleas Civil Division V. TODD E. COONEY SUZANNE R. COONEY Defendants CUMBERLAND County No. 08-4294 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. TODD E. COONEY SUZANNE R. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 TODD E. COONEY SUZANNE R. COONEY 4641 WESTPORT DRIVE MECHANICSBURG, PA 17055 LATE: 1-7 /07 TODD E. COONEY SUZANNE R. COONEY 950 SOUTH THIRTY-FIRST STREET CAMP HILL, PA 17011 Phelan Hallinan & Schmieg, LLP By: -773 Michele M. Bradford, Esquire Attorney for Plaintiff ?- ' ?. - c ' ._ f ? ??: r? ? f',j j .,. ? ? j.- ?Tj: ?t ? r`?i ?w ? w ?"'.f fi?^ ?? ? 7 ?` I I - JAN 14 200,06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, NA Plaintiff Court of Common Pleas Civil Division V. TODD E. COONEY SUZANNE R. COONEY Defendants CUMBERLAND County No. 08-4294 CIVIL TERM RULE AND NOW, this day of UWI"- ' 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable on the day of 2009, at W-57 in *P44" -*3 Courtroom of the Cumberland County Courthouse, Carlisle, Penn a. T J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@f`edphe.com J 4 D ?. 3Nno Z 1 .1 Wd 91 N11f HE .?{'.a_f?lS ?1L1 301140-031IJ 'o.. . % /TODD E. COONEY SUZANNE R. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 /TTODD E. COONEY SUZANNE R. COONEY 4641 WESTPORT DRIVE MECHANICSBURG, PA 17055 Co'J? F.3 r1n.?-??4.EkJ J ?°d vq TODD E. COONEY SUZANNE R. COONEY 950 SOUTH THIRTY-FIRST STREET CAMP HILL, PA 17011 180445 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff v. TODD E. COONEY SUZANNE R. COONEY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-4294 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of February 19, 2009 was sent to the following individual on the date indicated below. TODD E. COONEY TODD E. COONEY SUZANNE R. COONEY SUZANNE R. COONEY 2626 EAST TULARE AVENUE 950 SOUTH THIRTY-FIRST STREET VISAILA, CA 93292 CAMP HILL, PA 17011 TODD E. COONEY SUZANNE R. COONEY 4641 WESTPORT DRIVE MECHANICSBURG, PA 17055 DATE: Z? By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff Co WELLS FARGO BANK, NA VS. TODD E. COONEY SUZANNE R. COONEY : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-4294 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for WELLS FARGO BANK, NA hereby verify that true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: January 30, 2009 KIEL G. SCHMIEG, Attorney for Plaintiff V?0?3 d?'lid? saaz 9 a° d?z a?oe?V?rz 110 ?5 00V Ss• O r- d a 0 N ? . A X a O Ar W a A U Cd?? ?? ?'`n O U) 9 p °?° °y Il+ ?n ?wM 0 aUO d Uw Stu, w ? t N O 7 a r ? o w 3 3 a° w s? Hfcr, ?d G Cos *d ? o O H ?p ? ? o a o N d 40 pd, ° C+ c d i:do dU ,,.1 Y ! Q p O U L d d. L r ? a - N M -- w? d ?. A y J :.?? GO ? j w ?a .C O 7 tY ? 't3 O 7 O v ? v C ? ' N u ? 6 a'te' N ? 21 v°u?d+7 O ? ? y OV e o J ? N •o 99 0 ?? o rn ?yy ? u o0 ? s a U A x o? N ° ? o r ?' 00 CA) N MW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Plaintiff V. TODD E. COONEY SUZANNE R. COONEY Court of Common Pleas Civil Division CUMBERLAND County No. 08-4294 CIVIL TERM Defendants 4 +161 ORDER AND NOW, this l ` day of F?tr , 2009 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $129,980.09 Interest Through March 4, 2009 $11,214.37 Per Diem $20.48 Late Charges $309.22 Legal fees $1,675.00 Cost of Suit and Title $2,036.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $60.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance AW Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $20.00 ($0.00) $1,751.78 $147,046.96 Plus interest from March 4, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs figure. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com included in the above T J. ? TODD E. COONEY `? TODD E. COONEY SUZANNE R. COONEY ? A SUZANNE R. COONEY 2626 EAST TULARE AVENUE p 950 SOUTH THIRTY-FIRST STREET VISAILA, CA 93292 mo CAMP HILL, PA 17011 TODD E. COONEY 4j tR (Oq SUZANNE R. COONEY ah 4641 WESTPORT DRIVE MECHANICSBURG, PA 17055 180445 r ? !? 3 ?, -s?s F "S ? ? }1 ? . ?" L "' l _ ? L.M, ? ._?'9 ?? AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, N.A. CUMBERLAND COUNTY No. 084294 CIVIL TERM DEFENDANT(S) TODD E. COONEY SUZANNE R. COONEY ACCT. #180445 SERVE SUZANNE R. COONEY AT: Type of Action 2631 South Dayton Street - Notice of Sheriffs Sale Visalia, CA 93277 Sale Date: MARCH 4, 2009 SERVED Served and made known to 5 u2anne R . 1>D 1C? Defendant, on the 3 * _ day of Febr(kar Y 200.1, at I : ? 3 . o'clock at 21031 `J C1A ci 3 Tl -1 , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: t `Age '32- Height Weight!sLs `bRace iSex F Other I, lW 1???IAV?'? . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub bed NELDA E. ? AYE bef me this day V COMM. # 1582656 of 2009. O NOTARY AUFORNIAA i Notary: By: TU ARE CO UNTY COMM. ARE CO. EXP. MAY 27.2009 PLEASE ATTE ERVICE AT LEAST3 TAMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of . 200x, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant In Attempt: Time: 2nd Attempt: 1 / Time: 3rd Attempt: Time: Sworn to abd subscribed Attorney for Plaintiff before me this day DANIEL G. SCIIMIEG, Esquire - I.D. No. 62205 of .20Q_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 -0 W, .c? s C, -1 ice .v E COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which VETERANS AFFAIRS SEC is the grantee the same having been sold to said grantee on the 1 ST day of JULY A.D., 2009, under and by virtue of a writ Execution issued on the 26TH day of NOV, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 4294, at the suit of WELLS FARGO BANK N A against TODD E COONEY & SUZANNE R is duly recorded as Instrument Number 200924430. IN TESTIMONY WHEREOF, I have hereunto set my hand and eat of said office this & day of A.D. aQ0 Recorder of Deeds Rao daffl Dads, C+ mow4nd County, Caftb, PA My Cyan Ewn to F6* Monday d Jan. 2010 W:,lls Flrgo Bank,.N.A. VS ' Todd E. Cooney and Suzanne R. Cooney In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-4294 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice of Sale and Description in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested to the within named defendants, to wit: Todd E. Cooney and Suzanne R. Cooney, to their last known address of 2626 East Tulare Ave., Visaila, CA 93292. The return receipt cards were signed by Todd Cooney on December 29, 2008 and returned to the Cumberland County Sheriffs Office. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 15, 2009 at 2015 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of todd E. Cooney and Suzanne R. Cooney located at 950 South 31st Street, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Todd E. Cooney and Suzanne R. Cooney, by regular mail to their last known address of 2626 East Tulare Ave., Visaila, CA 93292. These letters were mailed under the date of January 13, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on July 1, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $105,000.00 to Attorney Daniel Schmieg, on behalf of Secretary of Veterans Affairs, an Officer of the United States of America, of, 1000 Liberty Avenue, Pittsburgh, PA 15222, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $12,000.00. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Milage Levy Surcharge Post Pone Sale Law Journal _Patriot News_ Certified Mail 30.00 A 2100.00 15.00 15.00 48.00 10.00 .50 2.00 12.60 15.00 30.00 40.00 355.00 334.58- 11.42 Share of Sills Distribution of Proceeds Sheriffs Deed S er R. Thomas Kline, Sheriff Real state Coordinator 15.52 25.00 ILETi e 50.50 `!F T?_ -, RAY 3,110.12 , 11SIC j ? 2 U in g J ? t ?r ?i 1 J ?y L7 y g Co.. s? ?0 16 1-11 a a q Qc SCHEDULE OF DISTRIBUTION SALE NO. 63 Date Filed: 7/1/09 Writ No. 2008-4294 Civil Term Wells Fargo Bank, N.A. -vs- Todd E. Cooney and Suzanne R. Cooney 950 South 31" Street Camp Hill, PA 17011 Sale Date: July 1, 2009 Buyer: Secretary of Veterans Affairs, An Officer of the United States Of America Bid Price: $ 105,000.00 Real Debt: $ 147,046.96 - Order to Reassess Damages 2/19/09 Interest: Attorney Writ Costs: Total: $ 147,046.96 DISTRIBUTION: Receipts: Cash on Account (12/16/2008): $ 1,500.00 Cash on Account (07/1/2009): 10,500.00 Cash on Account (7/1/2009) 7052.22 Credit Writ No. 2008-4294 12,000.00 Total Receipts: $ 19,052.22 Disbursements: Sheriffs Costs $ 3,110.12 Legal Search 300.00 Bonnie Miller, Lower Allen Township Tax Collector 1,230.46 Lower Allen Township Supervisors 307.20 Credit Writ No. 2008-4294 Civil 12,000.00 Total Disbursements: ($ 19,052.22) Balance for distribution: 00.00 So Answers: R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 63 held July 1, 2009 EFFECTIVE DATE: July 1, 2009 PREMISES: 950 South Thirty-First Street, Lower Allen Township, Cumberland County, Pennsylvania, Tax Parcel No. 13-23-0551-034 (the "Premises") RECITAL: Being the same premises which Rick A. Ott, single man, by his deed dated May 9, 2005 and recorded May 11, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 268, Page 4142, granted and conveyed unto Todd E. Cooney and Suzanne R. Cooney, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. - 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2009. 20. Mortgage in the amount of $134,114.00 from Todd E. Cooney and Suzanne R. Cooney to Wells Fargo Bank dated May 9, 2005 and recorded May 11, 2005 in Mortgage Book 1906, Page 4142. 21. Mortgage in the amount of $6,192.19 from Todd E. Cooney and Suzanne R. Cooney to Ambassador dated August 3, 2005 and recorded September 2, 2005 in Mortgage Book 1921, Page 3220, assigned to AmeriFirst Home Improvement Finance Co. by Instrument dated August 3, 2005 and recorded September 2, 2005 in Misc. Book 720, Page 2234. 22. Judgment against Todd E. Cooney and Suzanne R. Cooney in favor of Wells Fargo Bank, N.A. entered November 21, 2008 in the amount of $141,735.83 to No. 2008-4294 and amended by Order dated February 19, 2009 to the amount of $147,046.96, with respect to the mortgage identified as item 20, above. ' -2- 23. Subject to the rights of others in and to any portion of the Premises within or adjoining Thirty-First Street. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- REAL ESTATE SALE NO. 63 Writ No. 2008-4294 Civil Wells Fargo Bank, N.A. vs. Todd E. Cooney and Suzanne R. Cooney Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the western line of Thirty-First Street, said pin being one hundred fifty (150) feet north of the northwest corner of Thirty-First Street and Gettysburg- Harrisburg Highway; thence west- wardly one hundred sixty (160) feet to an iron pin; thence northwardly sixty (60) feet to an iron pin; thence eastwardly one hundred sixty (160) feet to an iron pin on Thirty-First Street; thence southwardly sixty (60) feet along Thirty-First Street to a pin, the place of BEGINNING. HAVING thereon erected a two story masonry cased frame dwelling house, No. 950 Thirty-First Street, Camp Hill, Lower Allen Township, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Todd E. Cooney and Suzanne R. Cooney, h/w, by Deed from Rick A. Ott, single man, dated 05/09/2005, recorded 05/11/2005 in Book 268, Page 4142 PREMISES BEING: 950 SOUTH THIRTY-FIRST STREET, CAMP HILL, PA 17011. PARCEL NO. 13-23-0551-034. EIBIT A t WELLS FARGO BANK, N.A. y CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS TODD E. COONEY CIVIL DIVISION SUZANNE R. COONEY NO. 08-4294 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,950 SOUTH THIRTY-FIRST STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TODD E. COONEY SUZANNE R. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 2626 EAST TULARE AVENUE VISAILA, CA 93292 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) American Home Improvement Finance Company 4041 Powder Mill Road, Suite 204 Calverton, MD 20705 5. Name' and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 950 SOUTH THIRTY-FIRST STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to auth N T ovember 25.2008 _ DATE ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff, V. TODD E. COONEY SUZANNE R. COONEY Defendant(s). CUMBERLAND COUNTY No. 08-4294 CIVIL TERM November 25, 2008 TO: TODD E. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 SUZANNE R. COONEY 2626 EAST TULARE AVENUE VISAILA, CA 93292 * *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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 950 SOUTH THIRTY-FIRST STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff s Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $141,735.83 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the western line of Thirty-First Street, said pin being one hundred fifty (150) feet north of the northwest corner of Thirty-First Street and Gettysburg-Harrisburg Highway; thence westwardly one hundred sixty (160) feet to an iron pin; thence northwardly sixty (60) feet to an iron pin; thence eastwardly one hundred sixty (160) feet to an iron pin on Thirty-First Street; thence southwardly sixty (60) feet along Thirty-First Street to a pin, the place of BEGINNING. HAVING thereon erected a two story masonry cased frame dwelling house, No. 950 Thirty-First Street, Camp Hill, Lower Allen Township, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Todd E. Cooney and Suzanne R. Cooney, h/w, by Deed from Rick A. Ott, single man, dated 05/09/2005, recorded 05/11/2005 in Book 268, Page 4142 PREMISES BEING: 950 SOUTH THIRTY-FIRST STREET, CAMP HILL, PA 17011 PARCEL NO. 13-23-0551-034 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-4294 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From TODD E. COONEY and SUZANNE R. COONEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $141,735.83 L.L. $.50 Interest from 11/20/08 to 3/04/08 (per diem - $23.30) -- $2,446.50 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $240.00 Plaintiff Paid Other Costs Date: 11/26/08 (Seal) urtis R. Lo , othono ry By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #63 On December 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 950 South 31 st Street, Camp Hill C% more fully described on Exhibit "A" filed with this writ and by this reference 4• incorporated herein. Date: December 15, 2008 By: `fin Real Estat Sergeant The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4e Patr1*otwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: REAL ESTATE SALE NO. 63 wa No.200 ctivTeem WbIW i iBw*tY NA V8 TOWS 000heyAnd ???rerr ?r;IN LEQALPESCRW"0N, ALL TW CaMkI V 1 o?peroel of lead s&ft id 1k',TWn*ip of I:meer Ag, Coaoty of C=barlaad aW Ste 0rpMy1y ie = Padcdaly boee?d '&=d d=nW as fmm, BE(30iflIlfiG a< ? iten *,M &e we*M Iine- of lMty=fret Sfttk SAW * b*1 oae bub&W frfly (150) fed h%*,tf a ti owest 'Comer of Tbuty4iira, Street ad a9hwS- B : ,dieece wad are bvodW siO' (1.6M feet f6 as ira * ft" r+dMmd1}?aaaty(6, ffermaon&*theses ?'"Yaea'bmI sixty (150) feet an n0° ° on - Std theses -tb"* Way W fw sloag Th l-rNst Strut to a* the *,x o(RBgftgW. , - HA\i'II(G fiw w erectad'a t"i story m y sexed fraoie da?aEsa Jesse, Aie:. Tfni TO S40 P 5 VWM IN 8, cessey sd amm 2. CNON Mb; bYDred$?.lli?A, Hrt, eiealle ?,, deledil5l 09YZa05, reooidtd ff1IlDB(19 in 13ao1? 268,- f* 4142 _ - , PROM DON& FIRff KMK Cd WAIF I PA IM I r J t 01/21/09 01/28/09 Notary February, 2009 A.D. COMMONWEALTH OF PENNSYLVANIA Notsral Seal =1onn Kisner, Notary PubNc des ?risburg; DauiahbrCtwrKy FWw Expires s Nov 28, 2011 Member, Pennsylvania Assodatbn of "Oh6 es 02/04/09 ? c eT r .= PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 13 day of Februar 13, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 63 Writ No. 2008-4294 Civil Wells Fargo Bank, N.A. vs. Todd E. Cooney and Suzanne R. Cooney Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the western line of Thirty-First Street, said pin being one hundred fifty (150) feet north of the northwest comer of Thirty-First Street and Gettysburg- Harrisburg Highway; thence west- wardly one hundred sixty (160) feet to an iron pin; thence northwardly sixty (60) feet to an iron pin; thence eastwardly one hundred sixty (160) feet to an iron pin on Thirty-First Street; thence souhwardly sixty (60) feet along Thirty-First Street to a pin, the place of BEGINNING. HAVING thereon erected a two story masonry cased frame dwelling house, No. 950 Thirty-First Street, Camp Hill, Lower Allen Township, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Todd E. Cooney and Suzanne R. Cooney, h/w, by Deed from Rick A. Ott, single man, dated 05/09/2005, recorded 05/11/2005 in Book 268, Page 4142 PREMISES BEING: 950 SOUTH THIRTY-FIRST STREET, CAMP HILL, PA 17011. PARCEL NO. 13-23-0551-034.