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HomeMy WebLinkAbout09-0801J 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 197011 U.S. BANK NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- CIVIL DIVISION THROUGH CERTIFICATES, 2006-EQ1 3476 STATEVIEW BLVD TERM 01 Vi FORT MILL, SC 29715 NO. Plaintiff V. CUMBERLAND COUNTY RONALD R. COON, JR 317 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3121 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE I File #: 197011 I 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 Tf4AT 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 (717) 249-3166 File #: 197011 Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-tHROUGH CERTIFICATES, 2006-EQ1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: RONALD R. COON, JR 317 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3121 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/28/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1949, Page 2279. The PLAINTIFF is nowlthe legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 09/01/2008 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 #: 197011 6. The following amounts are due on the mortgage: Principal Balance $09,030.32 Interest $3,988.60 08/01/2008 through 02/12/2009 (Per Diem $20.35) Attorney's Fees $1,300.00 Cumulative Late Charges $65.80 04/28/2006 to 02/12/2009 Property Inspections $30.00 Cost of Suit and Title Search 750.00 Subtotal $105,164.72 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $105,164.72 7. 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 t'he remaining principal balance in the event the property is sold to a third party purchasjer 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 Ddfendant(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. 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 File #: 197011 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. Plaintiff hereby releases NANCY L. DECKER, from liability fore!, the debt secured by the mortgage. 11. By virtue of the death of NANCY L. DECKER on 12/29/2006; Defendant became sole owner of the mortgaged premises as surviving tenant by the entireties WHEREFORE, PLAINTIFF demands an in rem Judgment against the ,Defendant(s) in the sum of $105,164.72, together with interest from 02/12/2009 at the rate of $20.35 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. P AN HALLINAN & SCHAVIIEG, LLP By: 9 Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel 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 i Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintif( III ?I File #: 197011 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Hogestown Road corner of,lot now or formerly of Darwin Sadler and wife, being Lot No. 11 in the hereinafter mentioned', Plan of Lots; thence along said Lot, South 34 degrees, 45 minutes West, one hundred fifty (150) feet to a point at corner of said Lot; thence North 55 degrees, 15 minutes West, fifty (50) feet to a point; thence by Lot No. 13 in said Plan of Lots, North 34 degrees, 45 minutes East, one hundred fifty (150) feet to a point in the center of the Hogestown Road; thence along said Road, South 55 degrees, 15 minutes East, fifty (50) feet to the place of BEGINNING. HAVING erected thereon a five-room frame house. BEING Lot No. 12 in a Plan of Lots laid out by William G. Rechel, Registered Surveyor, on November 17, 1949. I BEING THE SAME PREMISES which Ruth I. Brewbaker, widow, byl Deed of even date, produced herewith and intending to be recorded, granted and conveyed unto Nancy L. Decker, a single woman and Ronald R. Coon, Jr., a single man, Mortgagors herein AND THE SAID Ernest L. Brewbaker died May 11, 2005, whereupon title and fee vested into Ruth I. Brewbaker by right of survivorship. PROPERTY BEING; 317 HOGESTOWN ROAD PARCEL# 38-21-0291-034 File #: 197011 VERIFICATION I hereby state that I am the attorney for the 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. CZ (c t l al Attorney for Plaintiff DATE: File #: 197011 v CK- ra C3 3 F. SHERIFF'S RETURN - REGULAR CASE NO: 2009-00801 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS JR COON RONALD R NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon COON RONALD R JR the DEFENDANT , at 0018:53 HOURS, on the 17th day of February-, 2009 at 317 HOGESTOWN ROAD MECHANICSBURG, PA 17050 RONALD R COON JR by handing to DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.10 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/18/2009 PHELAN HALLINAN & SCHMIEG By: Deputy Sheriff of A. D. CIA [V fi9 ci ?v C.. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQI VS. RONALD R. COON, JR 317 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3121 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-801 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 RONALD R. COON. JR Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest - 02/13/2009 to 03/23/2009 TOTAL I hereby certify that (1) the addresses of the Defen that notice has been given in accordance with Rule 237. 1, $105,164.72 7$ 93.65 $105,958.37 dart are as sh?ofwn abo e, and (2) y a achec?oi'"l Daniel G. Schmieg, ?s4uire Attorney for Plainti DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 197011 P O PR lob Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 VS. RONALD R. COON, JR Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION No. CIVIL-09-801 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant RONALD R. COON, JR is over 18 years of age and resides at 317 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3121. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 'A' "? Daniel G. Schmieg, E Attorney for Plaintiff lb (Rule of Civil Procedure No. 236) - Revised U.S. BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION COURT OF COMMON PLEAS MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 CIVIL DIVISION VS. RONALD R. COON, JR 317 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3121 : No. CIVIL-09-801 Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this D'at6el G. Schmieg; Es e Attorney or Party Film 1617 JFK Boulevard, ite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** . , 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 Plaintiff V. RONALD R. COON, A Defendant(s) TO: RONALD R. COON, JR 317 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3121 DATE OF NOTICE: March 10, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON , NO. CIVIL-09-801 1.4 " CUMBERLAND COUNTY ?Q 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. 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 CAROLINE V. CINQU O Legal Assistant PHS # 197011 70 u u ? 'ca s Q ^? O W Is, w? as s ue. i ' PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 Plaintiff VS. RONALD R. COON, JR Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-801 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 Plaint* By. Francis S. Hallinan, Esquire Date: 3/14/09 PHS #: 197011 VERIFICATION China Brown hereby states that he/she is Vice President of Loan Documentation of AMERICA'S SERVICING COMPANY, servicing agent for Plaintiff, WELLS FARGO FINANCIAL PENNSYLVANIA, INC., 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 unsworn falsification to a i Name: China Brown DATE: 2-16-09 Title: Vice President of Loan Documentation Company: AMERICA'S SERVICING COMPANY Loan: 1100193910 File #: 197011 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 Plaintiff VS. RONALD R. COON, JR Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-801 CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue 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: RONALD R. COON, JR 317 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3121 Phelan Hallinan & Schmieg, LLP Attorwx for Plaintikf P J_?' ? By. -- - 4b Francis S. Hallinan, Esquire Date: 3/14/09 r?o ;? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 No. CIVIL-09-801 Plaintiff, V. RONALD R. COON, JR. Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $105,958.37 Interest from 03/24/2009-09/02/2009 $2,839.46 and Costs (per diem -$17.42) TOTAL $108,797.83 DANIEL G. SCHMIEG, 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. 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. 197011 Z d HW O C? zZ V?? U z O d OWW OVO? O H c U W OE?r' dHHad ? ? 3? Uz d`"COVW p a na OV ?NpV 'z W? ?? ZQ WQOG, ? U od x ?x U ?WHH E"` '? ri1 a W a Z-+U ?Hvi cv '.:. - u j cl- y { . .` /may Y r. r V aT 1 »L, C C°Q } N 0 a d a a U d x V A O ? H V , p a o x a d cn i ? d t1-w O V li N C„} LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Hogestown Road corner of lot now or formerly of Darwin Sadler and wife, being Lot No. 11 in the hereinafter mentioned Plan of Lots; thence along said Lot, South 34 degrees, 45 minutes West, one hundred fifty (150) feet to a point at corner of said Lot; thence North 55 degrees, 15 minutes West, fifty (50) feet to a point; thence by Lot No. 13 in said Plan of Lots, North 34 degrees, 45 minutes East, one hundred fifty (150) feet to a point in the center of the Hogestown Road; thence along said Road, South 55 degrees, 15 minutes East, fifty (50) feet to the place of BEGINNING. HAVING erected thereon a five-room frame house. TITLE TO SAID PREMISES IS VESTED IN Ernest L. Brewbaker and Ruth I. Brewbaker, his wife, by Deed from Edward A. Haegele, widower, dated 04/27/1960, recorded 04/28/1960 in Book U 19, Page 49. PREMISES BEING: 317 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3121 PARCEL NO. 38-21-0291-034 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 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 Plaintiff, V. RONALD R. COON, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-801 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.A. §4904 relating to unsworn falsification to authorities. ?0 AL, DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff OF THE Fn '? `--N TAFIY 2009 APR 14 PM 1: 25 t t'.' Nr'',"f' r Ij S. BANK NATIONAL ASSOCIATION, AS TRSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 Plaintiff, V. RONALD R. COON, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-801 AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-E01, 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,.317 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3121. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RONALD R. COON, JR. 317 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3121 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) MERS AS NOMINEE FOR EQUIFIRST CORPORATION MERS, INC. P.O. BOX 2026, FLINT, MI 48501-2026 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 EQUIFIRST CORPORATION 500 FOREST POINT CIRCLE it CHARLOTTE, NC 28273 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) None 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 MERS AS A NOMINEE FOR AMERICA'S SERVICING COMPANY 317 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3121 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 P.O. BOX 2026, FLINT, MI 48501-2026 AMERICA'S SERVICING COMPANY 2701 WELLS FARGO WAY MAC X9999-019 MINNEAPOLIS, MN 55467-8000 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.A. § 4904 relating to unsworn falsification to authorities. April 9, 2009 DATE J)nn-1 0,0 DANIEL . SCHMIEG, ESQUIRE Attorney for Plaintiff FILED--O!l-ri:;E Or THE F=7; :-'Ctl"OiARY 2009 APR I'i Pry 1: 25) 1.40 U.S. BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE No. CIVIL-09-801 PASS-THROUGH CERTIFICATES, 2006-EQ1 Plaintiff, V. RONALD R. COON, JR. Defendant(s). April 9, 2009 TO: RONALD R. COON, JR. 317 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3121 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY" Your house (real estate) at, 317 HOGESTOWN ROAD, MECHANICSBURG, PA 17050- 3121, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $105,958.37 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, 2006-EQ1 (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: 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 i/ 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 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Hogestown Road corner of lot now or formerly of Darwin Sadler and wife, being Lot No. 11 in the hereinafter mentioned Plan of Lots; thence along said Lot, South 34 degrees, 45 minutes West, one hundred fifty (150) feet to a point at corner of said Lot; thence North 55 degrees, 15 minutes West, fifty (50) feet to a point; thence by Lot No. 13 in said Plan of Lots, North 34 degrees, 45 minutes East, one hundred fifty (150) feet to a point in the center of the Hogestown Road; thence along said Road, South 55 degrees, 15 minutes East, fifty (50) feet to the place of BEGINNING. HAVING erected thereon a five-room frame house. TITLE TO SAID PREMISES IS VESTED IN Ernest L. Brewbaker and Ruth I. Brewbaker, his wife, by Deed from Edward A. Haegele, widower, dated 04/27/1960, recorded 04/28/1960 in Book U 19, Page 49. PREMISES BEING: 317 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3121 PARCEL NO. 38-21-0291-034 RUED-OFFICE OF THIS PAY'!' ;: OTAPY 200 APP% 14 PM 1: 25 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-801 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQI Plaintiff (s) From RONALD R. COON, JR. (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 $105,958.37 L.L. $.50 Interest FROM 3/24/2009-09/02/2009 (PER DIEM - $17.42) - $2,839.46 AND COSTS Atty's Comm % Atty Paid $155.10 Due Prothy $2.00 Other Costs Plaintiff Paid Date: APRIL 14, 2009 Cues-R. Lo , onota (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 By: Deputy Supreme Court ID No. 62205 PLAINTIFF DEFENDANT(S) SERVE DONALD 317 HOGE AFFIDAVIT OF SERVICE U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 RONALD R. COON, JR. COON, JR. AT: OWN ROAD BURG, PA 17050.3121 CUMBERLAND COUNTY No. CIVIL-09-801 ACCT. #197011 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTE*011A 2,2W SERVED Served and made kno n to Ro tw4i-D 1?. acoN ? r' Defendant, on the day of M14-? 200q, at 3 - S o'clock in., at 311 (-I-pfrES-rp w N0 ?-D , ?, EC('N ACS g v QG' Commonwealth of Pennsylvania, in V Defendant Adult fami Adult in cl Agent or Other: manner described below: onally served. ember with whom Defendant(s) reside(s). Name and Relationship is of Defendant(s)'s residence who refused to give name or relationship. of place of lodging in which Defendant(s) reside(s). t in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Description: Ag Height 5'Q" Weight t ?cJ Race W Sex A Other I, k?QN-41=P a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct co 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 bove. Sworn to and subscri d ay of , 20 . before me this A-L "-p9"4?&4 N By: PLEAS T M SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the da of , 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Vt Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscri Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 2 One Penn Center at Suburban Sbdloa, Suite 1400 Notary. - ...: -k 1617 John F. Kennedy BoalevardMMy ft dow *a (215) 563-7000 KIMBERLY CURTY NOTAW PUBLIC STATE OF 14M JERSEY t?l+tsiex?Fcapltos M&rt*-7, J201 FILED D C 2009 MAY 29 PH ': 0 CULw Y R , SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i ~:a~t~~lr~r ~4 ~ ;if~~ .L Jody S Smith Chief Deputy Edward L Schorpp Solicitor Zttfu ~.v l; .; .. . ; ~ ~i' i- :: , U.S. Bank National Association, vs. Ronald R Coon, Jr Case Number 2009-801 SHERIFF'S RETURN OF SERVICE 06/20/2009 01:19 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 20 2009 at 1316 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 Ronald R. Coon, Jr., located at, 317 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 07/09/2009 05:18 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 7/9/09 at 1718 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Ronald R. Coon, Jr., by making known unto, Ronald R. Coon, Jr., personally, at, 6503 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 08/31/2009 Property sale postponed to 11/4/2009. 10/12/2009 Property sale postponed to 1/6/2010. 01/06/2010 Property sold to Mortgage Company for 1.00 on 1/6/10 01/12/2010 Ronny R. Anderson, 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 December 9, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of , U.S. Bank National Association as Trustee for The Structured Asset Securities Corporation Mortgage Pass-Through Certificates 2006-E01, 3476 Stateview Boulevard, Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 866.61 SHERIFF COST: $866.61 January 12, 2010 ,~ SO ANSR~~~r'~~•~ , ~, °.. ~~, ~. ##A` RC]~dNY R ANDERSON,=SH'~RtEF .._.,. ~~~~ C~ y~ ~u ~ ~` ~ ,5 U`1 ~ ~ ~~~ (~ U.S. &ANK, NATIONAL ASSOCIATION, AS ~ T~fJSTEE FOR TH.E STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 Plaintiff, v. RONALD R. COON, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-801 AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQl, 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 ,317 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3121 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RONALD R. COON, JR. 317 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3121 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) MERS AS NOMINEE FOR EQUIFIRST CORPORATION MERS, INC. P.O. BOX 2026, FLINT, MI 48501-2026 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 EQUIFIRST CORPORATION 500 FOREST POINT CIRCLE CHARLOTTE, NC 28273 R 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) None 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 MERS AS A NOMINEE FOR AMERICA'S SERVICING COMPANY 317 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3121 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 P.O. BOX 2026, FLINT, MI 48501-2026 AMERICA'S SERVICING COMPANY 2701 WELLS FARGO WAY MAC X9999-019 MINNEAPOLIS, MN 55467-8000 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.A. § 4904 relating to unsworn falsification to authorities. April 9, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR THE STRUCTURED ASSET . SECURITIES CORPORATION MORTGAGE No. CIVIL-09-801 PASS-THROUGH CERTIFICATES, 2006-EQ1 . Plaintiff, v. _ RONALD R. COON, JR. Defendant(s). Apri19, 2009 TO: RONALD R. COON, JR. 317 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3121 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED 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 , 317 HOGESTOWN ROAD, MECHANICSBURG, PA 17050- 3121, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $105,958.37 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, 2006-EQ1 (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: 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.) 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 so{d 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 safe 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Hogestown Road corner of lot now or formerly of Darwin Sadler and wife, being Lot No. 11 in the hereinafter mentioned Plan of Lots; thence along said Lot, South 34 degrees, 45 minutes West, one hundred fifty (150) feet to a point at corner of said Lot; thence North 55 degrees, 15 minutes West, fifty (50) feet to a point; thence by Lot No. 13 in said Plan of Lots, North 34 degrees, 45 minutes East, one hundred fifty (150) feet to a point in the center of the Hogestown Road; thence along said Road, South 55 degrees, 15 minutes East, fifty (50) feet to the place of BEGINNING. HAVING erected thereon afive-room frame house. TITLE TO SAID PREMISES IS VESTED IN Ernest L. Brewbaker and Ruth I. Brewbaker, his wife, by Deed from Edward A. Haegele, widower, dated 04/27/1960, recorded 04/28/1960 in Book U 19, Page 49. PREMISES BEING: 317 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3121 PARCEL NO. 3 8-21-0291-034 WRIT OF EXECUTION and/or ATTACHMENT i ~ COMMONWEAZ,TH OF PENNSYLVANIA) NO 09-801 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQl Plaintiff (s) From RONALD R. COON, JR. (I) 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 $105,958.37 L.L. $.50 Interest FROM 3/24/2009-09/02/2009 (PER DIEM - $17.42) - $2,839.46 AND COSTS Atty's Comm Due Prothy $2.00 Atty Paid $155.10 Other Costs Plaintiff Paid Date: APRIL 14, 2009 Curti .Long, Protho otary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone : 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 4, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as, 317 Hogestown Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 4, 2009 By: C'~~~ Real Estate Coordinator V ~..II ~'>~~~ ~/ ... ~ ~~/ The Patriot-News Co. r ' 812 Market St. Harrisburg, PA '7101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he ~latriot-Neu~s 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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: 07/24/09 ~~~~1~~~~-~_ Sworn to armsubscribed before me this~day ~f August, 2009 A.D. r .~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public City Of Harrisburg, Dauphin Courtly My Cornmission FJWires Nov. 26, 2011 Member, Pennsylvania Association of Notaries 07/31/09 08/07/09 ttodri No. 20 Ylh'It No. ZQOP-b41 CFvil Term U.B. ink Nn11onN ~ocUtlon aaTtusies`for.the Structured Asait 8racurMl~s .. Corporetlon Martgapa Psats- Throuytit C~u~tlflcates,: 20Q8-E4~ . vs. Ronaai it Coon, Jr. Attpc bantet Schmlrig , - LEt~U4L DESCRIPTION ALL THAT CER'rA1N tot of ground situate in the lbwnship of Silva'-.Spring, County of f;umbaland - and . (bmmonwealth of p~yl, bq~pdal-ppdylescribed as follows,. to wit: BI'.G}tQN1IdG at a point.in the center of ~e Hogeatown Road, comet of lot now or fomuxly _of Darwiir Sadipt ~dwife, being Lot No. 1l in the hereipafler mentioned Plan of Lots; thence along said LQt, South 34 degias, 45 minutes West, asu hundred fifty.(lSp) fcet to a point at comer of said Lot; thence North 55 degreos, IS minutes West, fifty (SO) feet to a point; dienceby Lot NR: 13 ie skid Plan of Lots, North 34 degteea, 45 muwtes Past, one hundred . ffty,(130) feet to a point in the center. of the Iiogestowd Road; t along said Road, South. 55 degrces, l5 min East, fifty' (50) feet to the place of BEGIlVNUN(i. HAVIldG erected thereon. afive-tbom frame house. T1TL•E '1'0 SAID pRBMISE$ IS VESTED IDl Ernest L. $rewbalcer and Ruth I. Brewbakey lils wife, by Deed fmm Edward A. Ilaegele, widows, dated 0412711960,'ret~ed O4/'Lgl19fi0 in Baok U 19, p~ 49. PREMISES BEIIIG: 311 ttooes'InwN ice, ~QCxAxicsalrRC, PA 170'50.3121 PAitC21i. N0.3&21-029.034 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: July 24, July 31 and August 7, 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, Fj!ditor SWORN TO AND SUBSCRIBED before me this 7 day of August, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 20 Writ No. 2009-801 Civil U.S. Bank National Association as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-EQ 1 vs. Ronald R. Coon, Jr. Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Hogestown Road cor- ner of lot now or formerly of Darwin Sadler and wife, being Lot No. 11 in the hereinafter mentioned Plan of Lots; thence along said Lot, South 34 degrees, 45 minutes West, one hundred fifty (150) feet to a point at corner of said Lot; thence North 55 degrees, 15 minutes West, fifty (50) feet to a point; thence by Lot No. 13 in said Plan of Lots, North 34 degrees, 45 minutes East, one hundred fifty (150) feet to a point in the center of the Hogestown Road; thence along said Road, South 55 degrees, 15 minutes East, fifty (50) feet to the place of BEGINNING. HAVING erected thereon afive- room frame house. TITLE TO SAID PREMISES IS VESTED IN Ernest L. Brewbaker and Ruth I. Brewbaker, his wife, by Deed from Edward A. Haegele, widower, dated 04/27/ 1960, re- corded 04/28/ 1960 in Book U 19, Page 49. PREMISES BEING: 317 HOGES- TOWN ROAD, MECHANICSBURG, PA 17050-3121. PARCEL NO. 38-21-0291-034. 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 Sheriffs Deed in which STRUCTURES ASSET SECURITIES CORP MTG PASS-THROUGH CERT 2006-EQ1 is the grantee the same having been sold to said grantee on the 9TH day of DEC A.D., 2009, under and by virtue of a writ Execution issued on the 14 day of APRIL, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 801, at the suit of SECURITIES CORP MTG PASS-THROUGH CERT 2006-EQ1 TR against RONALD R COON JR is duly recorded as Instrument Number 201004028. IN TESTIMONY WHEREOF, I hav/e herento set my hand and seal of said office this ~~~(~ ~ day of __-- ~ A.D. ~ 0 /~ ~~ ~~ of Deeds ~,~MII~!! ~Nf,1lnIMMA~I~J,MI~MIMM~AeIA ll~ii.AMl-~~n1ii~tlf~i