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Home My WebLink About06-5531 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 140740 WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0P1 ASSET BACKED PASS- THROUGH CERTIFICATES 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM {!,"uJ.../~ Plaintiff NO. 01.. -~53/ v. CUMBERLAND COUNTY TIMOTHY S. LONG A/KI A TIMOTHY S. HOOVER JOSETTE A. SIllVE 245 NORTH ENOLA ROAD ENOLA, P A 17025 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 personalIy 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 #: 140740 t' File #: 140740 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 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. . . 1. Plaintiff is WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0Pl ASSET BACKED PASS-THROUGH CERTIFICATES 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 2. The name(s) and last known address(es) of the Defendant(s) are: TIMOTHY S. LONG A/KJA TIMOTHY S. HOOVER JOSETTE A. SHIVE 245 NORTH ENOLA ROAD ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/02/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to OPTION ONE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1851, Page: 2487. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 03/01/2006 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 #: 140740 l . 1 Jl' 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2006 through 09/20/2006 (Per Diem $18.39) Attorney's Fees Cumulative Late Charges 01/07/2004 to 09/20/2006 Cost of Suit and Title Search Subtotal $61,082.48 4,266.48 1,250.00 392.16 $ 550.00 $ 67,541.12 Escrow Credit Deficit Subtotal TOTAL 0.00 2,783.28 $ 2.783.28 $ 70,324.40 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention 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. 9. 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 $ 70,324.40, together with interest from 09/20/2006 at the rate of $18.39 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. PHE.~ L~~~Nl LLINAN & SC!lMJ~' ~.. " ~~cf~~ By: ,/ /sIFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 140740 LEGAL DESCRIPTION ALL THA T CERTAIN lot of ground situated in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo, Registered Surveyor, dated January 5, 1977, as follows, to wit: BEGINNING at a point in the westerly line of Enola Road at the distance of 89.99 feet measured southwardly along said line of Enola Road from the southern extremity of the arc of curve connecting the southerly side of Columbia Road with the westerly side of the said Enola Road, and extending thence southwardly along the westerly line of the said Enola Road on a line curving toward the left with a radius 00,099.934 feet, a distance of30.055 feet to a point; thence North 76 degrees 7 minutes 4 seconds West 129.564 feet to a point; thence North 13 degrees 52 minutes 56 seconds East 30 feet to a point; thence South 76 degrees 7 minutes 4 seconds East 131.356 feet to the place of BEGINNING. BEING known and numbered as No. 245 North Enola Road, Enola, Pennsylvania. File #: 140740 '. ' VF:RTFTCA TTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is 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 on the pleading, that he is 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 his 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 authorities. 1J1PL- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ ~ "'l ~ lJ'1 ~ ~ tI\ . Vl. 0 ~ 0 ~ c c::::> -n - \) -;2"'" Cf" .-\ ~ -1 ;:'~'-'I, 0') ::I::,:n r'~:'(::':' ri 6' ~ '-0 rn F.j UJ 2. .~:~ -0 . ~ ~;-.r: f N :0 i:( )J ~J. S;~U - ~ ,.:0 :.:C-~~-\ C/) I: ~;, -.:J \:;B "f"" ~;'"> :::st ~-';"~ ..,,-('"n ~';;. ~.~~~ <.f! S 1- ~ r0 :tp ~ ...( 0' :.<. PHELAN HALLINAN & SCHMIEG, L.L.P. . By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0Pl ASSET BACKED PASS- THROUGH CERTIFICATES 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5531-CIVIL TERM Plaintiff, v. TIMOTHY S. LONGA/KJA TIMOTHY S. HOOVER JOSETTE A. SHIVE Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against TIMOTHY S. LONG A/KJA TIMOTHY S. HOOVER and JOSETTE A. SHIVE, 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 from 9/21/06 to 11/10/06 TOTAL $70,324.40 $919.50 $71,243.90 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, c attached. DAMAGES ARE HEREBY ASSESSED AS INDICATED. (J~ DATE: ulUCJtJ 1~/2t:::O~ PRO PROTHY 140740 PHELAN HALLINAN & SCHMIEG, LLP .. By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., AS TRUSTEE FOR ACE : COURT OF COMMON PLEAS SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0Pl ASSET BACKED PASS-THROUGH : CIVIL DNISION CERTIFICATES Plaintiff : CUMBERLAND COUNTY Vs. : NO. 06-5531-CIVIL TERM TIMOTHY S. LONG NKIA TIMOTHY S. HOOVER JOSETTE A. SHIVE Defendants TO: TIMOTHY S. LONG A/KIA TIMOTHY S. HOOVER 245 NORTH ENOLA ROAD ENOLA, PA 17025 FIl,E COpy DATE OF NOTICE: OCTOBER 25. 2006 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. IMPORTANT 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 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 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 ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 1- 'S.a~ FRANCIS S. HALL AN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP .. By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (215) 563-7000 WELLS FARGO BANK, NA, AS TRUSTEE FOR ACE : COURT OF COMMON PLEAS SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0Pl ASSET BACKED PASS-THROUGH : CIVIL DIVISION CERTIFICATES Plaintiff : CUMBERLAND COUNTY Vs. : NO. 06-553 I-CIVIL TERM TIMOTHY S. LONG NK/A TIMOTHY S. HOOVER JOSETTE A. SHIVE Defendants TO: JOSETI'E A. SHIVE 245 NORTH ENOLA ROAD ENOLAP A17025 FILE COpy DATE OF NOTICE: OCTOBER 25. 2006 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN 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 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 PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 *--. >. !J~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0Pl ASSET BACKED PASS- THROUGH CERTIFICATES 6501 IRVINE CENTER DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5531-CIVIL TERM Plaintiff, v. TIMOTHY S. LONG AIKIA TIMOTHY S. HOOVER JOSETTE A. SHIVE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ./lJoO l ~ 200 ~ BY:~~ ----- If you have any questions concerning this matter, please contact: **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN CUMBERLAND COUNTY TRUST, SERIES 2004-0Pl ASSET BACKED PASS- COURT OF COMMON PLEAS THROUGH CERTIFICATES 6501 IRVINE CENTER DRIVE CIVIL DIVISION NO. 06-5531-CIVIL TERM Plaintiff, v. TIMOTHY S. LONG A!K/A TIMOTHY S. HOOVER JOSETTE A. SHIVE Defendant(s). 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 TIMOTHY S. LONG AlK/A TIMOTHY S. HOOVER is over 18 years of age and resides at , 245 NORTH ENOLA ROAD, ENOLA, P A 17025 . (c) that defendant JOSETTE A. SHIVE is over 18 years of age, and resides at , 245 NORTH ENOLA ROAD, ENOLA, P A 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. l~ ~ ~ - \) ~ ~'''~ ~ ~,~ ~ 1:> ~~ ~-F n ;?; C) i c:.::;,-n C;:""' ".. .-1 (:~ ~ t1 --- ~ r-n '(JC; Q~ :=l} (~)\ ~ ".)(') '~:j"f1 UJ --I ~ \..C' , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0Pl ASSET BACKED PASS- THROUGH CERTIFICATES Plaintiff, No. 06-5531-CIVIL TERM v. TIMOTHY S. LONG AIKIA TIMOTHY S. HOOVER JOSETTE A. SHIVE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $71,243.90 Interest from 11/10/06 to 3/7/07 (per diem -$11.71) $1,370.07 and Costs --- TOTAL $72,613.97 Add'l fees / 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. 140740 -4:-~ '"-':' -1:- r:a... '"' .. ": ... CJ:. ... - -dt~~~::~ ~ ~~... ,,' I 1 f' ~() 0- ~~o2~~~~. ~ ~~~ 'JYitt--() tJ) C"'t ~ ~ ....... \J) ""-~- ~ ~ ~ < ~ t ~ ~~ ~~q= r.iJ 8 ~~ 00 -.:1',-, ~ ~'E ;~~~ ~ .oo~ ~~ ~a ~oo ~~~ 00 ~i ~~ .0 E7~ 1-400 s~ ~~ ~u~oo~ ~..( ~~ z ~ ..~ U ri>. <~ ~~ .,;.. ~~s .... ~~ ~~ ~~~~~ o"t: '-'00 :t ~o ~g u 0~~~t3 ~ ~~ ~000c:Q ~ U ~~~ 00 ~ 8; ~~~~ ~ ~i ~~~~ ~ ~ ~~~ ~ ~~ ~ u >- 0"\ a: ;:f LU~? en ~2 ?~::; :zz: ~'~-"; ~ '-",- F: 'T) C) \.0 on: :..UCl.. :::d ill ;:::> u..:c 0 t- ;;;.;; LL ~ o ~ '.~ ::) o - ... ("'( ~ -- ~ tntn MS Qr:- ~~ << ~~ ..;...;. ss ~~ ,. ,. ~ ~~ << ss ~~ =:1~ ~~ 00 ZZ tntn -.:1'-.:1' MM .;g ;.::: ~ rh rn ll) ~ ~ ~-J g ~ ~~ -ci ~ rn ll) .D ~ ~ S S .q- ....... rn ~ g. p.. ll) ~ ~ 1 A 1 ~ t;-1 rC) U) ("' ~ () ~ '-JJ ~ ~ ~ lk~Q c.) . " DESCRIPTION ALL THAT CERTAIN lot of ground situated in East Pennsboro Township Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo, Registered Surveyor, dated January 5, 1977, as follows, to wit: BEGINNING at a point in the westerly line of Enol a Road at the distance of 89.99 feet measured southwardly along said line of Enola Road from the southern extremity of the arc of curve connecting the southerly side of Columbia Road with the westerly side of the said Enola Road, and extending thence southwardly along the westerly line of the said Enola Road on a line curving toward the left with a radius of 3,099.934 feet, a distance of 30.055 feet to a point; thence North 76 degrees 7 minutes 4 seconds West 129.564 feet to a point; thence North 13 degrees 52 minutes 56 seconds East 30 feet to a point; thence South 76 degrees 7 minutes 4 seconds East 131.358 feet to the place of BEGINNING. BEING known and numbered as No. 245 North Enola Road, Enola, Pennsylvania. BEING THE SAME PREMISES which Dale A. Howell and Kim S. Howell, his wife, and Douglas S. Francis and Elfriede Francis, his wife, by their deed dated December 12, 1997, and recorded on December 16, 1997, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 169, Page 459, granted and conveyed unto Curtis W. Fulfer and Karen S. Fulfer, his wife. PARCEL IDENTIFICATION NO: 09-14-0832-113 CONTROL #: 09002031 Premises: 245 North Enola Road, Enola, P A 17025 East Pennsboro Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Timothy S. Long and Josette A. Shive, by Deed from Curtis W. Fulfer and Karen S. Fulfer, dated 01/02/2004, recorded 01/16/2004, in Deed Book 261, page 1477. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5531 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0Pl ASSET BACKED P ASS- THROUGH CERTIFICATES, Plaintiff (s) From TIMOTHY S. LONG A/KJA TIMOTHY S. HOOVER AND JOSETTE A. SHIVE (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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71,243.90 L.L. $.50 Interest FROM 11/10/06 TO 3/7/07 (PER DIEM - $11.71) -- $1,370.07 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $172.08 Other Costs $ 2 , 24 9 . 50 Plaintiff Paid Date: NOVEMBER 16, 2006 (Seal) J/uc!f1t9 By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: 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 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 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0Pl ASSET BACKED PASS- THROUGH CERTIFICATES CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-5531-CIVIL TERM TIMOTHY S. LONG AIKIA TIMOTHY S. HOOVER JOSETTE A. SHIVE Defendant(s). 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: o 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. .,-.-' (') f; <., r-.;I = C::.l C"J'> ~ S "'- o .. =.I! ..." rl1r'c viii .,';9 ,"~;~ (J;:.f (J! '-!:' ",'~ ~~~ ,"') , ;"..:::~ \.0 ':;> ~ I - WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0Pl ASSET BACKED PASS- THROUGH CERTIFICATES CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-5531-CIVIL TERM TIMOTHY S. LONG AlKJA TIMOTHY S. HOOVER JOSETTE A. SHIVE Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO BANK. N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST. SERIES 2004-0Pl ASSET BACKED PASS-THROUGH CERTIFICATES, 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 .245 NORTH ENOLA ROAD. ENOLA. P A 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY S. LONG AIKIA TIMOTHY S. 245 NORTH ENOLA ROAD HOOVER ENOLA, P A 17025 JOSETTE A. SHIVE 245 NORTH ENOLA ROAD ENOLA, PA 17025 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 t - 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) WELLS FARGO FOOTHILL, INC. FIK/A FOOTHILL CAPITAL CORPORA nON C/O SN SERVICING CORPORA nON 3665 BLECKLEY MATHER, CA 95655 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 245 NORTH ENOLA ROAD ENOL A, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 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 penalties of 18 Pa. C.S. Sec. 4904 relating to S orn fa lfic ion to aut ities. .,- November 9.2006 DATE ,~~ ... .. .;;; r<' ~:S c;r' ".....-") ,-, ....;;.::. -- 0" SA :=3 ~L. -n r1'r' -nf"t', *t~\C t~~~\ (~.j t~. :.s-,,~ - '"' _:,) -~::: (-) :;:~~rn ""J:."" -:.0 -::: ~ ...0 -- \...C} ., WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0Pl ASSET BACKED PASS- THROUGH CERTIFICATES Plaintiff, CUMBERLAND COUNTY No. 06-5531-CML TERM v. TIMOTHY S. LONG AlK/A TIMOTHY S. HOOVER JOSETTE A. SHIVE Defendant(s). November 9,2006 TO: TIMOTHY S. LONG AIKIA TIMOTHY S. HOOVER 245 NORTH ENOLA ROAD ENOLA, PA 17025 JOSETTE A. SHIVE 245 NORTH ENOLA ROAD ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 245 NORTH ENOLA ROAD. ENOLA. PA 17025. is scheduled to be sold at the Sheriffs Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $71.243.90 obtained by WELLS FARGO BANK. N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST. SERIES 2004-0Pl ASSET BACKED PASS-THROUGH CERTIFICATES (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 Sheriffwithin 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 , DESCRIPTION ALL THA T CERTAIN lot of ground situated in East Pennsboro Township Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo, Registered Surveyor, dated January 5, 1977, as follows, to wit: BEGINNING at a point in the westerly line of Enola Road at the distance of 89.99 feet measured southwardly along said line of Enola Road from the southern extremity of the arc of curve connecting the southerly side of Columbia Road with the westerly side of the said Enola Road, and extending thence southwardly along the westerly line of the said Enola Road on a line curving toward the left with a radius of 3,099.934 feet, a distance of 30.055 feet to a point; thence North 76 degrees 7 minutes 4 seconds West 129.564 feet to a point; thence North 13 degrees 52 minutes 56 seconds East 30 feet to a point; thence South 76 degrees 7 minutes 4 seconds East 131.358 feet to the place of BEGINNING. BEING known and numbered as No. 245 North Enola Road, Enola, Pennsylvania. BEING THE SAME PREMISES which Dale A. Howell and Kim S. Howell, his wife, and Douglas S. Francis and Elfriede Francis, his wife, by their deed dated December 12, 1997, and recorded on December 16, 1997, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 169, Page 459, granted and conveyed unto Curtis W. Fulfer and Karen S. Fulfer, his wife. PARCEL IDENTIFICATION NO: 09-14-0832-113 CONTROL #: 09002031 Premises: 245 North Enola Road, Enola, P A 17025 East Pennsboro Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Timothy S. Long and Josette A. Shive, by Deed from Curtis W. Fulfer and Karen S. Fulfer, dated 01/02/2004, recorded 01/16/2004, in Deed Book 261, page 1477. o f~; r-) (.:'=' C.:.."'\ eJ" ~ 0' (:) -n .-1 >:-n fi"'p -0 r:q O.t) \,.. ;oJ. S~) \ ~., '. """" ~"1i'~ 'R ~~~~ ::;;: 'D :< \.D SHERIFF'S RETURN - REGULAR ~ CASE NO: 2006-05531 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS LONG TIMOTHY S ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LONG TIMOTHY S AKA TIMOTHY S HOOVER the DEFENDANT , at 1650:00 HOURS, on the 4th day of October ,2006 at 245 NORTH ENOLA ROAD ENOLA, PA 17025 by handing to TIMOTHY LONG 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 Service Affidavit Surcharge So Answers: 18.00 14.08 .00 10.00 .00 42.08,/ //e t./a Cjv. Sworn and Subscibed to r~~ R. Thomas Kline 10/12/2006 PHELAN HALLINAN SCHMIEG By: before me this day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05531 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS LONG TIMOTHY S ET AL KENNETH GOSSERT / Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania/ who being duly sworn according to law/ says/ the within COMPLAINT - MORT FORE was served upon SHIVE JOSETTE A the DEFENDANT / at 1650:00 HOURS/ on the 4th day of October 2006 at 245 NORTH ENOLA ROAD ENOLA/ PA 17025 by handing to TIMOTHY LONG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. 6.00 .00 .00 10.00 .00 16.00-/" (~ 11/0 (../oL, Sworn and Subscibed to Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: . " : /;-:.:/ /:~::?' ?/A~/'n'!':':<~ "f ~ R. Thomas Kline 10/12/2006 PHELAN HALLINAN SCHMIEG By: /~~{ff before me this day of A.D. SHERIFF'S RETURN - NOT SERVED \ CASE NO: 2006-05531 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS LONG TIMOTHY S ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: LONG TIMOTHY S AKA TIMOTHY S HOOVER but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , LONG TIMOTHY S AKA TIMOTHY S HOOVER 114 HOGESTOWN ROAD MECHANICSBURG, PA 17050 SERVICE WAS NOT ATTEMPTED AT 114 HOGESTOWN RD. DEFENDANT WAS SERVED AT 245 N ENOLA ROAD. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 or" .00 10.00 ________._'-_99__ 16.00/ PHELAN HALLINAN 10/12/2006 ~ 11/0&/0 C R. Thomas ine Sheriff of Cumberland County SCHMIEG Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT SERVED . . \ CASE NO: 2006-05531 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS LONG TIMOTHY S ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: SHIVE JOSETTE A but was unable to locate Her In his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , SHIVE JOSETTE A 114 HOGESTOWN ROAD MECHANICSBURG, PA 17050 SERVICE WAS NOT ATTEMPTED AT 114 HOGESTOWN ROAD. DEFENDANT WAS SERVED AT 245 N ENOLA ROAD. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .OQ 16.00/ 1\\D~l~G So answers: _/:::::>-/ _____ ~~_/::--- -----_/ ,_ -- ______~::3- __,-- . ----- --_.~---- R. Thomas Kl' Sheriff of Cumberland County ....--' ..- ---- (~ PHELAN HALLINAN SCHMIEG 10/12/2006 Sworn and Subscribed to before me this day of A.D. PLAINTD'F AFJ'D)A vrr ()lr SDVICE PAW CUMBERLANDCOUNlY WJ:LL8 J'ARGO IL\N'K, N.4. AS TRUS"JU I FOIt. AOi: SECURITIES CORP. HOME No. 06-5531-CIVIL TERM EQlJJTY I.OAN TIlUST, RPTI'R 1004-0.1 ASSET BACKED PASS-THROUGH PHst140740 CEllTD'ICATES DD'ENDANT(S) 1}pe of Actioa - Noace ef Sllertlr. s.le TIMOTHY S. LONG A/KIA 'J1M0't.IlY S. aOOVEJl JODTl'E A. SBIVE SERVE TIMOTHY S. LONG AlICIA TIMOTHY S. HOOVER AT 114 BOGI:STOWN R.OAD MEC8'ANICSBVlt.G, 'A 17050 Sale Date: 3fl107 SDVED SeMld and DI&de kaowIlro :rlr"\o f h 'l S; ~ 1.-01'\ C; . Dcfmadaor. 0I11ho at ~ ''-13 . orcl<Y&Em., at; _JELJ..f 6 9- e S 10 :v./1 e d. L' 1\1\. ... _~ day of U fer..... b tr . 200~ . Coma:Ionweahb ofPeoDlIYlvlmia. in the maaD<< cIe8cr1bed below: .Detc:Ddant penonally illen'cd. ~Adu1t t1udily ~ with whma De&mdaJd(.) n.idt(.). N8IDB 8DdbhHmwhip is ,::. Q Y\ C ~ AOOIt iD" of~1(.)'.:rcsidcI1ce who refbIod 10 p..... or re1atioaI1Iip. Mmapr/CleIk otpJlco oflodPae in which Dcl'eDdaId(I) ftl8ido(a). Ageaat or pcaota hi. cbqc ofl>etCllllal(s)'. oftIco or U8'Ua1plaoc ofb~ an ofticcr of aid Dofaldaat(.)', conpuy. Other: ~ Apl.S-)r Heigbt.))r-\( Weight ILJO ltace~ScxL Otbor 1. . . t Ct,).' d. Robpf'tS. a competeDt adult. bcliD8 duly nom acocriias to law, diepoeo -.... that I ~ bauded . tmo ad oomJOt oapy of the ~CJtiee o{~. Sale iD.1be..... IS act tbnb bmtia. ~ iu dID CIptimIcd ClIlIO 011. ibG datil_lit the adckess ~ above. ml~ .n /1_ _:. -- ~ By: 1)1 -v'-c-' 14'QlIMPT DIlVlCE.AT LUST 3 TIMIS. INDICATE DATIl" TIMES OJ' DllVICE .ATr&MPTJ:D. tate. of New Jersey NOT SlRVED PATRICIA E. HARRIS C~ion I=l(pi~a~&; i998 .200---, at o'olook_.m.. ~NOT J'OUND bocA8e: _ Moved. _ UDkDoWll_ No.ADswer Vac&Dt 1- Attempt: 3rd Attempt; I I I I Time: 2" AtteJnpt: I I Time: Time: Swom to and 1Ubacribc;d before me this _ day of .200_. Notal)': Ity: AttorDev for PIabrtIfJ DaJdel G. Scb..... EIqaIre - LD. No. 6n05 ?~/gt 39IId S30IN:l3S WlIWQ.:I 05l8LPL6B9 EP:tt geel/gt/ll r--..") C:::'.') C:.~:;J ~ ......- ~- ! W C3 N 0' " ~ AmDAVIT OF SERVlCI PLAIN'1'IFF PAW C'UMBSR,'LAND COUNTY WELLS PARGO BANK, N..A.. AS Ta(ns-del: I JI'Oll ACE SICUlm'IES CORP. ROMl No. 06-5531-cIVIL TDM EQUITY LOAN TRUST, SUDS 2004-0.1 ASSET BACKED PASS-THROUGH PHU1.to740 ~l.mCATJ:S 'f1pe of ActIoa TIMOTHY S. LONG - Notice ofDerUI'l Sale AIKIA TIMOTHY S. HOOVER JOSEtTI: A. SBlVJ: Sale Date: 3n101 DEJi'ENDA.NT(S) smw JOSltTTE A. 8BIVK AT 114 BOGESTOWN ROAD MECIIANlCSBURG, PA 171SO SKRVKD Semd and made bowu to -:r 6 ~ c-.J..je A. oS 1,.: ve . Defeadmt, OIl the I (, ~ I\. day of D ec~""" b N" . 20cfL at~" 41 . o'clock .f..m.. at It \.( I~ C) se s ~o "- ^ R cL , ComIJIonMalth ofPelDYIvIIIia, ill 1he UIlIOIltI' ~ below: vi Defcmdam pcnonaIly served. Adult timily IllelDberwith whom~s) reside(s). NIIIDe.m J2.,~+ip is Adult in cIuIrp of~...-t.nt(')'1 IGSidrD:c who mtbIcd 10 Po __ 01" ~ MaaprICJmt ofpJace ofJodsiai ia. whida~.) raide(.). AI!}d orpelllOD in -., ofDcft.....(I)'1 of6co at.w"" otlNaiura III oftlc:er of said Deteadlllt(1)'. eoqII11)'. Odwn': ~ AtpZS..3S'" Heipt ~)S"l( Wei&ht~ Race~Sex-.E. 0Ibet l, ~J} u \' d ~'oeNS. a ~ acWt. beioa du1yft'Ol'll accutdiDa to law, depose aDd __1IIat I pe.xaonaD:y haDdod a tme and correc1: copy oflhe Notico ot~~. ~.:; ill tI. 'DI8DIIC1' .. .. firil bcQiu. iuued in die captioned cue OJ! die ~ and at 1br: ~ iDdiClted abovc. . By: o~~ ~',~....~2ry Public State of New Jersey PATRICIA E. HARRIS Commission Expires June 16. 2008 On dw day of AT LEAST 3 TJMES.lNDlCATB DATES III TIMIS or SDVICI A'n'IMP'J'D). NOT savm .100__ at o'oloclt_.IIL, DefimdImt NOT roUND because: _ Moved _ 'O'Dkaown _ No AaIwt!r lit AUempt: I I . Time: Vaamt 2- AUempt: I I Time: 3nt.Attempt: I I Time: Sworn to aDd suhIcrlbed before me this _ day of . 200 _' Notary: ~\UH"DeY for ,__ Dlllliel G. SdualeIt Elquire ./' I.D. No. '2.205 I () El/91 39~d By; S30I~3S ~IW~.:1 99Z8LPL699 EP:lt 999Z/9t/lt ....;....... ::~-,.^'-.. -'- r) ~ ..-\ ~:D \ \ I r-:: _nr'0 "_~) r::; ,'1; -';.~ r-:) ';:6 _...l <-- \ c...:;, 1'> 9 ~-~:?(~ ~:5 [\'1 -'~ -p. :!l r" -- :'{I' . 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, N .A. As Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2004-0Pl Asset Backed Pass-Through Certificates ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-5531 Timothy S. Long A/KIA Timothy S. Hoover Josette A. Shive 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 September 21, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on November 16,2006 in the amount of$71,243.90. 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 1 03 7(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 7, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 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 Interest Through 3/07/07 Per Diem $16.72 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $61,082.48 7,621.37 497.73 1,675.00 1,384.50 0.00 19.20 485.00 0.00 0.00 0.00 2.783.28 TOTAL $75,548.56 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: / J 3 }o7 I I By~ 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, N.A. As Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2004-0Pl Asset Backed Pass-Through Certificates ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-5531 Timothy S. Long A/K/ A Timothy S. Hoover Josette A. Shive Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants 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 245 North Enola Road, Enola, PA 17025. 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 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 ofajudgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments S 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. of N.Y. vs. 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 ajudgment 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. Bums, 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 Rev. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment 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. 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 Sheriffs sale has been requested. IV. 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. Ifthe 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. V. 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 offive 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 often 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 often 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. VI. 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 co I lateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. By/ allinan &,.s1hmieg, LLP //! / \ DATE: 1/?J101 I Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19 I 03 (215) 563-7000 140740 WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0P 1 ASSET BACKED PASS. THROUGH CERTIFICATES 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 A TTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01. - 5Sj/ (!lu~L I~~ CUMBERLAND COUNTY ( v. TlJ\.10THY S. LONG AflUATTIMOTHYS.HOOVER JOSETTE A. SHIVE 245 NORTH ENOLA ROAD ENOLA, P A 17025 NOTICE (') c; ~~, , -:"1.- tr:, H""'~'.'n"I'ro'>" Ii IfU, ctU I C!~'\i!vt ~ hIE COPY;:; ;:~. ~tr. '" or' F r.J1:'lM . ..' lj,.~ l, ~- !lo,"_7'<",.i: r~\;.: J URN :::.",,~. ~;=:' ,.-" ... , ~E; ;;>- -~ .-<. ~ c::::> ~ ...::::. 0.... t:n :r f"r1 ""e m~ f'.\ "U1 -,~? c'_" " ~:f'::.r: -~.... (. ~) .::ri -.l...... ".;,..0 W .::sf." r,) j;! ::0 0) -< Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. Yon 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. Yon may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. II-IIS 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 ,. ,~~,J2-South Bedford Street \Xjt" 1" Carlisle, P A 17013 't4" · ~'~,fh'::r-: Ri:rth,~~ (800)990-9108 <fy!'G nfilH),:?2/ i..(:),"h.. dJ De a r.n.r~ .. '-f . ..,. t. anrt Correct copy FiJe #: 140740 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (2 15) 563-7000 140740 WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-OPI ASSET BACKED PASS- THROUGH CERTIFICATES 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 A TIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. TIMOTIIY S. LONG NK/A TIMOTHY S. HOOVER JOSETTE A. SHIVE 245 NORTH ENOLA ROAD ENOLA, PA 17025 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 fOl1h 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 TIDS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service irt't~ 11 Cumberland County Bar AssociatioJO b.t; :,?tf!Jby (',. 32 South Bedford Street "" (~ trUe. ""er"f'; Carlisle, P A 17013 line! c~ (800)990-9lO8 urreC1", \,;OPy File #: 140740 File #: 140740 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 "'ITHIN 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 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 ORIG1NAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT t 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 OBLIGA TIONS 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. 1. Plaintiff is WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERlES 2004-0PI ASSET BACKED PASS~THROUGH CERTIFICATES 6501 IRVINE CENTER DRlVE TR VINE, CA 92618 2. The name(s) and last known address(es) ofthe Defendant(s) are: TIMOTIiY S. LONG A/KJA TIMOTHY S. HOOVER JOSETIE A. SIDVE 245 NORTH ENOLA ROAD ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01102/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to OPTION ONE MORTGAGE CORPORA lION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1851, Page: 2487. PLAINTIFF is now the legal owner of the mOltgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. s. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2006 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 coJlectible forthwith. File #: 140740 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2006 through 09/20/2006 (Per Diem $18.39) Attorney's Fees Cumulative Late Charges 01/07/2004 to 09/20/2006 Cost of Suit and Title Search Subtotal $61,082.48 4,266.48 1,250.00 392.16 $ 550.00 $ 67,541.12 Escrow Credit Deficit Subtotal TOTAL 0.00 2,783.28 $ 2.783.28 $ 70,324.40 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention to Foreclose as set forth in Act 6 ofl974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in ] 998, 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 tenninated because Defendant(s) haslhave 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. 9. 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 $ 70,324.40, together with interest from 09/20/2006 at the rate of $18.39 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. PHE~LLIN~N & .S. C.~MJ~'. 47 LLP '" 7flt7~d /~t?-;K By: / Is/Francis S. Hallinan LA WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 140740 LEGAL DESCRIPTION ALL THA T CERTAIN lot of ground situated in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'AngeJo, Registered Surveyor, dated January 5, 1977, as follows, to wit: BEGINNING at a point in the westerly line of EnoJa Road at the distance of 89.99 feet measured southwardly along said Une of EnoIa Road from the southern extremity of the arc of curve connecting the southerly side ofColurnbia Road with the westerly side of the said Enola Road, and extending thence southwardly along the westerly line of the said EnoJa Road on a line curving toward the left with a radius of3,099.934 feet, a distance of30.055 feet to a point; thence North 76 degrees 7 minutes 4 seconds West 129.564 feet to a point; thence North 13 degrees 52 minutes S6 seconds East 30 feet to a point; thence South 76 degrees 7 minutes 4 seconds East 131.356 feet to the place of BEGINNING. BEING known and numbered as No. 245 North Enola Road, EnoIa, Pennsylvania. File 1/ 140740 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No, 6UOS Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUIT}!: 1400 PHILADELPRIA, PA 19103-1814 (21 S) 563-7000 ATrn r:; ~ '-, '"' ", .;t.::.,;;i.dLECQ!:DU 4!'1 01 ~ .r, n,... fi)r r ' r &..I:i:.""t I1.ETURj . i.~ rJJi WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 20M-OPt ASSET BACKED PASS. THROUGH CERTIFICATES 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 Plaintiff, CUMBERLAND COUNTY 2 ~ COURT OF COMMON PLE~$ .t~ ~ ri"l ,-,.J ~ ~ :?". f.,,~,~ <::;) ,... -- ~ mIJ_ CML DIVISION j<' !". -09 J} .J., . -,< . .' ::Q" c.': (, ~ (", I NO. 06-5S31-CIVIL TERM~;~,;, ?; ;~~ Jo'> .,... ~.,. (') c. I"Q, . ~5 fn <~ -J :;1 ~ .. \.0 ~ "'ITCS "":" "'0 e. N\mI ~ n /,:." :,~_~ fa... ~., ;;} PLt1t,S~ r?1,~1 nOM :h,; .... _ n~ \At.. " , v. TIMOTHY S. LONG AlKJA TIMOTHY S. HOOVER JOSETTE A. SHIVE DefeodaDt(s ). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THEPROmONOT ARY: Kindly enter an in remjudgm~nt in favor of the Plaintiff and against TIMOTHY S. LONG A/KIA TIMOTHY S. HOOVER and JOSEITE A. SHI~,. Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale oithe mortgaged premises, and assess Plaintiffs damages as follows:-, . ~~ . . ... '.'i, " c. rth. 1 . ....'" '."'V .}t.(' As set iO In Comp amt ,..,.,,~>r ,~'\',.,":. q)\' ::...hp70,324.40 Interest from 9/21/06 to 11l10/~~t'~I...>~- \~1"'\\l'~ · $919.50 TOTAL f\ t\..:~~~'~ $71,243.90 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, c ttached. 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. 94904 relating to unsworn falsification to authorities. DATE:~ By: ;' j PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. As Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2004-0Pl Asset Backed Pass-Through Certificates ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-5531 Timothy S. Long A/KIA Timothy S. Hoover Josette A. Shive Defendants 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. Timothy S. Long A/KIA Timothy S. Hoover Josette A. Shive 245 North Enola Road Enola, P A 17025 Timothy S. Long A/KlA Timothy S. Hoover Josette A. Shive 114 Hogestown Road Mechanicsburg, P A 17050 DATE: / / 3Jo-7 / I Byi Phelan Hallinan & Schmieg, LLP "1 ;/tJ/}j/tSc tichele M. Bradford, Esquire Attorney for Plaintiff (-"; f'...J :-:l J I (II o -q =:r1 hl~ [On c~ To' f:' :, ~ -~.: v ::~ r:~ 0.-. Wells Fargo Bank, NA, as Trustee For Ace Securities Corp. Home Equity Loan Trust, Series 2004-0P1 Asset Backed Pass-Through Certificates Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Timothy S. Long AlKlA Timothy S. Hoover Josette A. Shive Defendants : 06-5531 CIVIL ORDER OF COURT AND NOW, this 9th day of January, 2007, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before January 29, 2007; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, )?ichele M. Bradford, Esquire Attorney for Plaintiff/Petitioner ~othY S. Long, a/kla Timothy S. Hoover . Josette A. Shive Defendants ~ bas VINliA1ASNN3d I U 'n'""~\ " ('" ""'-''-'IA'n'''' I\.l.f'~ j \) ~ r "i"i ": '"-: tf n ..of I 0 : I f ~~V 6 - 'NVr LOOl AWIONOHI08d 3Hl.:!O 3D!:!:lO-G31H 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, N.A. As Trustee for Ace Securities Court of Common Pleas Corp. Home Equity Loan Trust, Series 2004-0Pl Asset Backed Pass-Through Certificates Civil Division Plaintiff Cumberland County vs. No. 06-5531 Timothy S. Long AlK/A Timothy S. Hoover Josette A. Shive Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 9,2007 Rule directing the defendant to show by January 29, 2007 was sent to the following individuals on the date indicated below. Timothy S. Long AlK/A Timothy S. Hoover Josette A. Shive 245 North Enola Road Enola, P A 17025 Timothy S. Long AIK/ A Timothy S. Hoover Josette A. Shive 114 Hogestown Road Mechanicsburg, P A 17050 DATE: 11,1 )01 I r (') c: -... -00".' tT1f' '-;;.r". Z:t (I) ;" r'" ~ ~- ~~~ Z =< I"-) = = -.I c..... :;::,.. Z ~ ~-n m- -oMi -nO hI.. -~~~ :1: '""1'1 ~i~ o ?E -< "" -0 ..... (--;'f w 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, P A 19103-1814 (71 <i) <ih1-7000 Wells Fargo Bank, N.A. As Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2004-0P 1 Asset Backed Pass-Through Certificates ATTORNEY FOR PLAINTWF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-5531 Timothy S. Long A/K/ A Timothy S. Hoover Josette A. Shive Defendants MOTION TO MAKE RIJI.E ARSOI.llTE Wells Fargo Bank, N.A. As Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2004-0P1 Asset Backed Pass-Through Certificates by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: I. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 3,2007. 3. A Rule was entered by the Court on or about January 9, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on January 17, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 29,2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP J Jal/ Dl Date 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 (? 1 ,) 'n1-7000 Wells Fargo Bank, N.A. As Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2004-0P1 Asset Backed Pass-Through Certificates ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-553 I Timothy S. Long AIKJ A Timothy S. Hoover Josette A. Shive Defendants RRI~F IN STTPPORT OF PI.A INTIFF'S MOTION TO M A K~ RIJl,~ A RSOI.TTT~ A Motion to Reassess Damages was filed with the Court on January 3, 2007. A Rule was entered by the Court on or about January 9,2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 17,2007 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 29,2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP JJ.."IJDI ~ Exhibit "A" 'We.... Fargo Ba.lk, ii4'.A., as Trustee For Ace Securities Corp. Home Equity Loan Trust, Series 2004-0P1 Asset Backed Pass-Through Certificates Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Timothy S. Long AlKJA Tmothy S. Hoover Josette A. Shive Defendants : 06-5531 CIVIL ORDER OF COURT AND NOW, this 9th day of January, 2007, upon consideration of the Plaintiff's Motion to Reassess Damages. IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before January 29, 2007; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, Michele M. Bradford, Esquire Attorney for PlaintifflPetitioner Timothy S. long, alkJa Timothy S. Hoover Josette A Shive Defendants bas Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire A TIORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. As Trustee for Ace Securities Court of Common Pleas Corp. Home Equity Loan Trust, Series 2004-0Pl Asset Backed Pass-Through Certificates Civil Division Plaintiff ~~"t vs. ~\\..~ \J~~ . _ ,~~t."l ~~" Timothy S. Long ~\ \ \) 'i:,.~~t, ~ AIKJ A Timothy S. Hoover ~~ Josette A. Shive Defendants Cumberland County No. 06-5531 0 f"oo,;) = 0 c = II ~ --.J ..,., <- ----4 ,-' :r:"T1 fi""1 f' > --;. .. :;e m- r- 7 f -om (1"' \D :09 -.... ::':1 c' r~ . : .- -0 :G=H "-;;~. ',- :z ':"';'0 >t: c..) om Z >! =~ W .::.0 -< CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 9,2007 Rule directing the defendant to show by January 29, 2007 was sent to the following individuals on the date indicated below. . " ~ C\)~'t Timothy S. Long (',' .\\\..~ ~~ AlKJA Timothy S. HO~<(S<(I~';~;- ~~'"\~ Josette A. Shive ~\ \ '-: ~~'t.- 245 North Enola Road \?\,\.' Enola, P A 17025 DATIl: I / II /ill ".~'~<-' t~) :.J"" ) . ...\. ,"<.J :..~"~~~ --f....\.. ~~ 'ji-f""',.," ..,G ''\' ,,'0,; \' . \ ~ I~"'Y l,~ \,.... p"" ~ ""';~ Timothy S. Long AlKJA Timothy S. Hoover Josette A. Shive 114 Hogestown Road Mechanicsburg, P A 17050 VRRTFTCATTON Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. ~4904 relating to the unsworn falsification of authorities. J 101/01-- 111l11/1/1,j)O Date t I ~Lll J l~;quire Attorney for Plaintiff . . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (? 1 ';) ';fl1-7000 Wells Fargo Bank, N.A. As Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2004-0P I Asset Backed Pass-Through Certificates ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. Timothy S. Long A/KJ A Timothy S. Hoover Josette A. Shive No. 06-5531 Defendants CFRTIFICA TF OF SF.RVICF I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Timothy S. Long A/KJ A Timothy S. Hoover Josette A. Shive 245 North Enola Road Enola, P A 17025 Dale: ! /31 / Dr Timothy S. Long NK/A Timothy S. Hoover Josette A. Shive 114 Hogestown Road h icsburg, PAl n \; r--l g; -J. .....,..., (~q co I U1 ~!'. ......... ~ .-i :I:...,., fnC~ \- L.) \ ~~') :,\~a ._\ ::;:~ 5'J .-< 'F? (.n w .~ SALE DATE: MARCH 7.2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. No.: 06-5531-CIVIL TERM HOME EQUITY LOAN TRUST, SERIES 2004-0Pl ASSET BACKED P ASS- THROUGH CERTIFICATES VS. TIMOTHY S. LONG A/KJA TIMOTHY S. HOOVER JOSETTE A. SHIVE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.c.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 245 NORTH ENOLA ROAD. ENOLA. P A 17025. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. 5Y~J1j~ DANIEL SCHMIEG, ESQU Attorney for Plaintiff February 2, 2007 .. "1J j; ~ * - -C o ..J --t () fl - - [I ~ - " ~o l"" \0 00 -..l 0-. V\ ~ w IV r-' - R' ~>-I d t1 ~ ~i ~ i~ ::< if ~ ~ o . ~ fir ~ ~!t 0 .1!J ~ if tn 'Z . ~ 6 Q 0 [. ~ :I. ~ !n~~ i ",gI!:1 ~ ~ ~iilf g ,.,I a"j ~ i~iga. [~~~t I~ll.~' ..l \ f~ a. It ~ Ii' i s\. ~ g ie. ~w. . "gl(1i ~ !falt~ tl!i [[iI!' l~tl '; ~ i 8. g... eo il i li~ \ ~ i It i g.~ ,: ,~.r,,;. EI'''' ,/ . ",-' '.;.,,_..::/. ~" . a ~ /4:-'/,.: ~~. 3~ " ~. ,I / !",G\l? [:;:. \ I 4'uil t;. $l ~ ~ .'" !:l~ni ~, ,~"j !,! 11 ~ '-.., "--;!l ;/ i !n''''' i '._ ..::;. ~ I ~ )> ;l. n' ij) z c 3 go .. 0>1- ....~" CIl~" a ~ ~ Q.~" ~ 1= C ~ ~Q'T.1~ ttl t,J d I . ,.., "'o~til a '" 2 a ~ \3 " - 8 · "-ii" ill ;;~>t=:':;: ~ ~ ~ ~ ~. ~ ~ ~ 1i i ~~::,t r- t-< ..,,"'~ S! -" N ~ 0 ~"~ ~ "'~. [; ~ ~ 8~. :;\ ~ 8 ~ ~ ~ ~ E ~" l i ~ ~ ~ E$g~ ~ ~ l ~ 1;1 ~ i ~ e j ~~i~ i1>.<('lt-<0 11 " !lot:l"ai-5"~ ~ ~ 2l I; ~ ~~ ~ ~ 3i ~ ~~ ~ ~ ,.0 "' 1;1 ~ ,,,,g- ('l '" .... ~" l ;;; g a- " [il,::l~ ~ ~ i q~l" ,",,>f'l ~.. A ~\'l'~ ot-<.r' i' ~ ~ . "'[;; ~8'Z S 1 ~gF' ...._ '" ('l " "r '"'" " _ r' @o ~ g"' ~ ~ . ~~POSr~ fi'4.r:;;:;r~~ ---- :;.~~~~ '02 ~M $ 01.250 0004'2~ eM 0 tt)v 10 2006 MMlEO FROM Z\Pc.oOE 1 9 ~ 0'5 ." ~ ~ as - t .~. r-> C=.Y (::;.::) w,-.J -"1 r";-i c.~') ~~ It . ( .-, -' j '...../ (,.) L!'"i- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Wells Fargo Bank, N.A. As Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2004-0P1 Asset Backed Pass-Through Certificates , FEB f) 6 2007 fflI Court of Common Peas Civil Division Plaintiff Cumberland County vs. Timothy S. Long AlKJ A Timothy S. Hoover Josette A. Shive No. 06-5531 Defendants ORDRR AND NOW, this ~t\\ day o~, 2007 the Prothonotary is ORDERE to amend the judgment in this case as follows: Principal Balance Interest Through 3/07/07 Per Diem $16.72 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF 497.73 1,675.0 1,384.5( 0.00 19.20 485.00 0.00 0.00 ~j \ ~ y \ ~ ~ t ---------- Suspense/Misc. Credits Escrow Deficit o. 0 TOTAL $75,548. 6 Plus interest from 3/07/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not include in the above figure. BY THE COURT 140740 {- (' "J it., '1 "....-) ;:j'J ---------- 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 Ace Securities Com Tr is the grantee the same having been sold to said grantee on the 7th day of March A.D., 2007, under and by virtue of a writ Execution issued on the 16th day of November, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5531, at the suit of Ace Securities Com tr against Wells Fargo Bank N A tr is duly recorded in Deed Book No. 279, Page 1216. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ;;(.3 day of ~ 1.. _ , A.D. ;;.....c 0 -7 ~ ~ ~)~ ~~~=of_:'O Recorder of Deeds Wells Fargo Bank, N.A as Trustee for Ace Securities Corp. Home Equity Loan Trust Series 2004-0PI Asset Backed Pass-Through Certificates VS Timothy S. Long a/k!a Timothy S. Hoover And Josette A Shive In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-5531 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 08, 2007 at 1252 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Timothy S. Long a/k!a Timothy S. Hoover and Josette A Shive, by making known unto Josette Shive, personally and adult in charge for Timothy S. Long, at 512 Middle Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19,2007 at 1110 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 Timothy S. Long a/k!a Timothy S. Hoover and Josette A Shive located at 245 North EnoIa Road, EnoIa, 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: Timothy S. Long a/k!a Timothy S. Hoover and Josette A Shive, by regular mail to their last known address of 512 Middle Road, Newville, P A 17241. These letters were mailed under the date of January 16, 2007 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 March 07, 2007 at 10:00 o'clock AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Wells Fargo Bank, N.A, as Trustee for Ace Securities Corp., Home Equity Loan Trust, Series 2004-0P I Asset Backed Pass Through Certificates. It being the highest bid and best price received for the same, Wells Fargo Bank, N.A., as Trustee for Ace Securities Corp., Home Equity Loan Trust, Series 2004-0PI Asset Backed Pass Through Certificates, of6501 Irvine Center Drive, Irving, CA 92618, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,123.01. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy $30.00 22.02 15.00 15.00 30.00 10.00 .50 1.00 24.64 1.40 15.00 Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 30.00 437.00 410.12 16.83 25.00 39.50 $ 1123.01 So Answ~;:?~ r~~~ r~ R. Thomas Kline, Sheriff BY\J()u~/~ ./ 3JJ-(,J01 9--- ~Jt1A 3 b- (j) )'1) . 1.1 I. ,~!:>-J S'1 \ 6tu,. / '1(J~/~ . WELLS Ii' ARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0Pl ASSET BACKED PASS- THROUGH CERTIFICATES CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. TIMOTHY S. LONG A/KJA TIMOTHY S. HOOVER JOSETTE A. SHIVE NO. 06-5531-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WELLS FARGO BANK. N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST. SERIES 2004-0Pl ASSET BACKED PASS-THROUGH CERTIFICATES, 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 ~45 NORTH ENOLA ROAD. ENOLA. P A 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY S. LONG AlKJA TIMOTHY S. HOOVER 245 NORTH ENOLA ROAD ENOLA, PA 17025 JOSETTE A. SHIVE 245 NORTH ENOLA ROAD ENOLA, PA 17025 2. Name and address ofDefendant(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) WELLS FARGO FOOTHILL, INC. FIK/A FOOTHILL CAPITAL CORPORATION C/O SN SERVICING CORPORA nON 3665 BLECKLEY MATHER, CA 95655 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 245 NORTH ENOLA ROAD ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 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 penalties ofl8 Pa. C.S. Sec. 4904 relating to s om fa lfic ion to au ities. November 9, 2006 DATE , "1., .. WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0Pl ASSET BACKED PASS- THROUGH CERTIFICATES Plaintiff, CUMBERLAND COUNTY No. 06-SS31-CIVIL TERM v. TIMOTHY S. LONG A/KJA TIMOTHY S. HOOVER JOSETTE A. SHIVE Defendant(s). TO: TIMOTHY S. LONG AlKJA TIMOTHY S. HOOVER 245 NORTH ENOLA ROAD ENOLA, PA 17025 November 9, 2006 JOSETTE A. SHIVE 245 NORTH ENOLA ROAD ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND 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 . 245 NORTH ENOLA ROAD. ENOLA. P A 17025. is scheduled to be sold at the Sheriffs Sale on 317/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $71.243.90 obtained by WELLS FARGO BANK. N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EOillTY LOAN TRUST. SERIES 2004-0Pl ASSET BACKED PASS-THROUGH CERTIFICATES (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 MAYBE 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 HA VE 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, P A 17013 (717) 249-3166 (800) 990-9108 ,., DESCRIPTION ALL THAT CERTAIN lot of ground situated in East Pennsboro Township Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo, Registered Surveyor, dated January 5, 1977, as follows, to wit: BEGINNING at a point in the westerly line of Enola Road at the distance of 89.99 feet measured southwardly along said line of Enola Road from the southern extremity of the arc of curve connecting the southerly side of Columbia Road with the westerly side ofthe said Enola Road, and extending thence southwardly along the westerly line of the said Enola Road on a line curving toward the left with a radius 00,099.934 feet, a distance of30.055 feet to a point; thence North 76 degrees 7 minutes 4 seconds West 129.564 feet to a point; thence North 13 degrees 52 minutes 56 seconds East 30 feet to a point; thence South 76 degrees 7 minutes 4 seconds East 131.3 5 8 feet to the place of BEGINNING. BEING known and numbered as No. 245 North Enola Road, Enola, Pennsylvania. BEING THE SAME PREMISES which Dale A. Howell and Kim S. Howell, his wife, and Douglas S. Francis and Elfriede Francis, his wife, by their deed dated December 12, 1997, and recorded on December 16, 1997, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 169, Page 459, granted and conveyed unto Curtis W. Fulfer and Karen S. Fulfer, his wife. PARCEL IDENTIFICATION NO: 09-14-0832-113 CONTROL #: 09002031 Premises: 245 North Enola Road, Enola, P A 17025 East Pennsboro Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Timothy S. Long and Josette A. Shive, by Deed from Curtis W. Fulfer and Karen S. Fulfer, dated 01/02/2004, recorded 01/16/2004, in Deed Book 261, page 1477. I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-5531 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2004-0Pl ASSET BACKED P ASS-THROUGH CERTIFICATES, Plaintiff (s) From TIMOTHY S. LONG AlKlA TIMOTHY S. HOOVER AND JOSETTE A. SHIVE (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 gamishee(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) Ifproperty 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 $71,243.90 L.L. $.50 Interest FROM 11/10/06 TO 3/7/07 (PER DIEM - $11.71) __ $1,370.07 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $172.08 Other Costs $ 2 , 249 . 50 Plaintiff Paid Date: NOVEMBER 16, 2006 (Seal) By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: 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 Deputy . h~~~ ~~7 Real Estate Sale # 48 On November 30, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 245 North Enola Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 30, 2006 BY:...' ~ Rjis~ Sergeant \ ( :7., d \ 7., ~\)\~ ~~~l A J" - 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 smce; 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 in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. 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 S ALE #48 ;~, ;j, t- ~ f ~ ~ ':r~. .. " "":"'j :'.,.;" ',' , ',;_ ->.,:,.\ : .J'~'. '__ ; .'.; ,..Ii[~ ~, " ,: .," '.'" ,'. ;, ".'.,A". '." "':. f 'All..11fATaIIIMIJr.cGt........... I ~"'''~'~.._.c.:;......._~,."..''*'.....A........,..., CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 .. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYL VANIA : COUNTY OF CUMBERLAND : ss. 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 26, February 2 and February 9,2007 : 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. REAL ESTATE SALE NO. 48 Writ No. 2006-5531 Civil Wells Fargo Bank. N.A. as Trustee for Ace SecUrities Corp. Home Equity Loan Trust, Series 2004-0PI Asset Backed Pass-ThroUgh Certificates Vs. Timothy S. Long a/k/ a Timothy S. Hoover and Josette A. Shive Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of ground situated in East Pennsboro Town- ship Cumberland County, Pennsyl- vania. bounded and described in accordance With a SllIVey made by . '-A..a""""--_1 r", n.'.4____1_... ~4l.--*----..d SWORN TO AND SUBSCRIBED before me this 9 day of February. 2007 NOTARIAL SEAL LO!S E. SNYDER, Notary Public Carlislo 8oro, Cumberland County Commission Expires March 5, 2009 'w,' .,~"..( .l1'':'Hil'i'''-I\.:.i'';;':.;''~,;:~_