COONEY et al v. DUNNER et al

Filing 28

ORDER THAT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. DEFAULT JUDGMENT IS ENTERED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 55(b) IN FAVOR OF THE PLAINTIFFS AND AGAINST DEFENDANTS STEVEN DUNNER AND ALLY FINANCIAL, INC.. THE CLERK OF COURT SHALL MAIL A CERTIFIED COPY OF THIS ORDER TO THE BUCKS COUNTY RECORDER OF DEEDS OFFICE AND MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES; ETC.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/31/17. 8/31/17 ENTERED AND E-MAILED, CERTIFIED COPY OF MEMORANDUM AND ORDER TO BUCKS COUNTY RECORDER OFFICE.(jl, ) (Additional attachment(s) added on 8/31/2017: # 1 EXHIBIT) (jl, ). (Main Document 28 replaced on 8/31/2017) (jl, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANDREW B. COONEY and DIANE A.
COONEY,
CIVIL ACTION
NO. 16-3707

Plaintiffs,
v.
STEVEN M. DUNNER, et al.,

Defendant.
ORDER
AND NOW, this 31st day of August, 2017, upon consideration of the Plaintiffs
Motion for Default Judgment, (ECF No. 21), it is hereby ORDERED that the Motion is

GRANTED. Default Judgment is entered pursuant to Federal Rule of Civil Procedure
55(b) in favor of the Plaintiffs and against Defendants Steven M. Dunner and Ally
Financial, Inc.
It is further ORDERED that:
1. The Clerk of Court shall mail a certified copy of this Order to the Bucks

County Recorder of Deeds Office and mark this case CLOSED for statistical
purposes.
2. Certain judgment in the amount of $14,957.65 entered in favor of Ally and
against Steven M. Dunner in the action, Ally Financial, Inc. v. Dunner, Court
of Common Pleas of Bucks County, Docket Number 2012-03197, is not, and
has never been, a valid judgment lien against the property located at 143
South Baringer Avenue, Silvedale Borough, Bucks County, Pennsylvania,

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18962, Tax Parcel Number 40-6-15-1, a metes and bounds description of
which is attached to this Order.
3. The following three Deeds are hereby reformed to substitute, in its entirety,
the metes and bounds description of the property attached to this Order for
the incomplete metes and bounds descriptions of the Property contained in,
or attached to, the Deeds:
a. Deed dated November 17, 2006 from Steven M. Dunner and Daniel L.
Kelly, as grantors, to David W. Kern and Cynthia S. Kern, as grantees,
and recorded in the Bucks County Recorder of Deeds Office in Book
5336, Page 1735;
b. Deed dated June 14, 2013 from David W. Kern and Cynthia S. Kern as
grantors, to the Plaintiffs, as grantees, and recorded in in the Bucks
County Recorder of Deeds Office as Instrument No. 2013052268;
c. Deed dated June 14, 2013 from Plaintiffs, as grantors, to the Plaintiffs,
as grantees, and recorded in the Bucks County Recorder of Deeds
Office as Instrument No. 2013052268; and
4. The Bucks County Recorder of Deeds Office shall, upon receipt of a certified
copy of this Order and the tender of the appropriate recording fee, record and
index this Order against the Property and against the names of Ally
Financial, Inc., Steven M. Dunner, Daniel L. Kelly, David W. Kern, Cynthia
S. Kern, Andrew B. Cooney and Diane A. Cooney.

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GERALDJ.

ENTERED
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CONTAINfNO ;'MIT« Cll:l'CI ortmd. moro or lo.u.