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HomeMy WebLinkAbout09-4178Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 / Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 203397 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004KR1 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. FRANCIS H. MCELHENNY 60 ASHFORD DRIVE ENOLA, PA 17025-2320 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O 9 - L// 7 ?- c v- `/ c?- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 203397 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17613 (717) 249-3166 File #: 203397 Plaintiff is THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004KR1 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: FRANCIS H. MCELHENNY 60 ASHFORD DRIVE ENOLA, PA 17025-2320 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/16/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1850, Page 1987. By Assignment of Mortgage recorded 05/18/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200916275. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/27/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 203397 6. 7 8. 9. The following amounts are due on the mortgage: Principal Balance $83,401.95 Interest $6,793.20 11/27/2008 through 06/18/2009 (Per Diem $33.30) Attorney's Fees $1,300.00 Cumulative Late Charges $2,067.46 12/16/2003 to 06/18/2009 Property Inspections $22.50 Cost of Suit and Title Search 750.00 Subtotal $94,335.11 Escrow Credit ($455.72) Deficit $0.00 Subtotal 455.72 TOTAL $93,879.39 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or File #: 203397 Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. 11. Plaintiff hereby releases EILEEN MCELHENNY, from liability for the debt secured by the mortgage. 12. By virtue of the death of EILEEN MCELHENNY on 10/03/1999, Defendant became sole owner of the mortgaged premises as surviving tenant by the entireties. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $93,879.39, together with interest from 06/18/2009 at the rate of $33.30 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: .OoOra-wrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquircf Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 203397 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the southern side of Ashford Drive (50 feet wide) at the northwestern corner of Lot No. 49 on the hereinafter mentioned plan of lots; thence by lot No. 49 South 9 degrees 22 minutes 30 seconds East a distance of one hundred forty (140) feet to a point at Lot No. 19; thence by Lot No. 19 South 80 degrees 37 minutes 30 seconds West a distance of Twenty-eight and fifty hundredths (28.50) feet to a point at Lot No. 47; thence by Lot No. 47 North 9 degrees 22 minutes 30 seconds West a distance of one hundred forty (140) feet to a point on the southern side of Ashford Drive; thence by Ashford Drive North 80 degrees 37 minutes 30 seconds East a distance of twenty-eight and fifty hundredths (28.50) feet to a point, the place of BEGINNING. BEING Lot No. 48 on a Final Resubdivision Plan for Robert D. and Donna R. Leisenring, his wife, made by D. P. Raffensperger Associated, February 15, 1984, and recorded in Cumberland County Plan Book 45, Page 100. CONTAINING 3,990 square feet. HAVING THEREON ERECTED a townhouse known and numbered as NO. 60 Ashford Drive. File M 203397 UNDER AND SUBJECT to a 10 foot access easement across the rear of the lot and along the western side thereof and a 20 foot setback lone along the front of the lot and the other conditions more fully set forth on the said Plan. BEING the same premises which Scot Leisenring, Keith Leisenringand Brian Leisenring, partners, t/d/b/a, by Deed dated 04/22/86 and recorded 04/23/86 in Cumberland County Record Book 31-V, Page 535, granted and conveyed unto Francis H. McElhenny and Eileen L. McElhenny, in fee. Parcel No: 09-13-1002-371 PROPERTY BEING; 60 ASHFORD DRIVE File #: 203397 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: t9 161n Attorney for laintiff File #: 203397 U 1 RI FT Zjo9 JJ'd 19 viii i d ? ? l? L'J' yt: T 7 ?-, Sd P? x # i v- I g 6 9?s' Sheriffs Office of Cumberland County R Thomas Kline to Of C'Utibcrt Edward L Schorpp Sheri Solicitor F?13. Ronny R Anderson Jody S Smith Chief Deputy OFF CE OF _< s"ER'FP Civil Process Sergeant The Bank of New York Mellon Trust Co. Case Number vs. Francis H. McElhenny 2009-4178 SHERIFF'S RETURN OF SERVICE 06/26/2009 01:38 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 26, 2009 at 1338 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Francis H. McElhenny, by making known unto himself personally, defendant at 60 Ashford Drive Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 June 29, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Depu y Sheriff C b =0 nw SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ '-_" ~.' },l, 1 1 Sheriff ~ ~~~ , Oi ~ttth~,~rf~j10 Jody S Smith ~tlt0 APR ~~ ~ A~1 9= ~5 Chief Deputy ~ ~ , _>~~, 1, Edward L Schorpp '~~ SOiICItOr CsFa~~QF'~~.~~E~tt:~ ~`' '~_. n1 The Bank of New York Mellon Case Number vs. 2009-4178 Francis H. McElhenny SHERIFF'S RETURN OF SERVICE 09/28/2009 08:57 PM -Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on 9/28/09 at 2055 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 Francis H. McElhenny, located at, 60 Ashford Drive, Enola, Cumberland County, Pennsylvania according to law. 10/22/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Francis H. Mcelhenny, but was unable to locate himlher in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Francis H. Mcelhenny, house located at 60 Ashford Drive, Enola, PA has been condemned, defendant did not leave a forwarding address with the post office. 12/07/2009 Property sale postponed to 2/3/2010. 02/01/2010 Property sale postponed to 4/7/2010. 04/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4/6/10 SHERIFF COST: $719.21 SO ANSWERS, ~`-~.~ April 06, 2010 RON ~ R ANDERSON, SHERIFF ~a. sa?~ S eK-~' 7s~oC. '~ ayos78 ,~ Gnur?,Suite She ff. Telecsoft. h^~. THE BANK OF NEW YORK MELLON TRUST COMPANY; NATIONAL ASSOCIATION FKA .~ THE BANK OF NEW YORK TRUST COMPANY, ` N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS,TRUSTEE FOR RAMP 2004KR1 Plaintiff, v. FRANCIS H. MCELHENNY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.09-4178-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004KR1 ,Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 60 ASHFORD DRIVE, ENOLA, PA 17025-23320 . 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) FRANCIS H. MCELHENNY 60 ASHFORD DRIVE ENOLA, PA 17025-2320 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 Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 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 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 Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 60 ASHFORD DRIVE ENOLA, PA 17025-23320 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificatio to authorities. August 21, 2009 DATE ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 [~ drew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 J THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004KR1 Plaintiff, v. FRANCIS H. MCELHENNY Defendant(s). CUMBERLAND COUNTY No. 09-4178-CIVIL TERM August 21, 2009 TO: FRANCIS H. MCELHENNY 60 ASHFORD DRIVE ENOLA, PA 17025-2320 * *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT P URPOSE. IF YO U HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCYAND 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 60 AS_H_FORD DRIVE, ENOLA, PA 17025-23320, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $95,277.99 obtained by THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004KR1 (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. 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 ~ 15) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern side of Ashford Drive (50 feet wide) at the northwestern corner of Lot No. 49 on the hereinafter mentioned plan of lots; thence by Lot No. 49 South 9 degrees 22 minutes 30 seconds East a distance of one hundred forty (140) feet to a point at Lot No. 19; thence by Lot No. 19 South 80 degrees 37 minutes 30 seconds West a distance of twenty-eight and fifty hundredths (28.50) feet to a point at Lot No. 47; thence by Lot No. 47 North 9 degrees 22 minutes 30 seconds West a distance of one hundred forty (140) feet to a point on the southern side of Ashford Drive; thence by Ashford Drive North 80 degrees 37 minutes 30 seconds East a distance of twenty-eight and fifty hundredths (28.50) feet to a point, the place of BEGINNING. BEING Lot No. 48 on a Final Resubdivision Plan for Robert D. and Donna R. Leisenring, his wife, made by D. P. Raffensperger Associates, February 15, 1984, and recorded in Cumberland County Plan Book 45, Page 100. CONTAINING 3,990 square feet. HAVING THEREON ERECTED a townhouse known and numbered as No. 60 Ashford Drive. UNDER AND SUBJECT to a 10 foot access easement across the rear of the lot and along the western side thereof and a 20 foot setback line along the front of the lot and to other conditions more fully set forth on the said Plan. TITLE TO SAID PREMISES IS VESTED IN Francis H. McElhenny and Eileen L. McElhenny, his wife, by Deed from Scot Leisenring and Keith Leisenring and Brian Leisenring, partners, t/d/b/a Robert R. Leisenring Associates, a Pennsylvania general partnership, dated 04/22/1986, recorded 04/23/1986 in Book 31-V, Page 535. PREMISES BEING: 60 ASHFORD DRNE, ENOLA, PA 17025-23320 PARCEL NO. 09-13-1002-371and 09-13-1002-157 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY"GF CUMBERLAND) N009-4178 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004KR1 Plaintiff (s) From FRANCIS H. MCELHENNY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$95,277.99 L.L.$.50 Interest from 7/31/2009-12/9/2009 (per diem - $15.88) $2,096.16 Atty's Comm % Due Prothy $2.00 Atty Paid $160.50 Other Costs Plaintiff Paid Date: August 25, 2009 (Seal) ~~~ Cu s R. Long, Prot n ary / By: Deputy REQUESTING PARTY: Name Andrew c. Bramblett, Esq. Address: One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: (215) 563-7000 Supreme Court ID No. 208375 Real Estate Sale # On September 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 60 Ashford Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2009 By: Real Estate Coordinator r~ _ ~ \ ~~ ~,'~ \~ ~~ ~~ ~~~. ~-~, . ,~. ,. _.`,> :. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (iJnder Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-4178 Civil The Bank of New York Mellon Trust Company, National Association f/k/a The Bank of New York Trust Company, N.A. as Successor to JPMorgan Chase Bank, N.A. as Trustee for RAMP 2004KR1 vs. r ~~ i Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 6 day of November, 2009 /,' Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Pu~1ic CP,f2LISLE BORO, CUM[3ERlAtJD COUNIY My Commission Expires Apr 28, 2010 Francis H. McElhenny Atty: Andrew Bramblett By virtue of a Writ of Execution No. 09-4178-CIVIL TERM, THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL AS- SOCIATION FKATHE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004KR1 vs. FRANCIS H. McELHEN, ownerof property situate in the, Cumberland County, Pennsylvania, being 60 ASHFORD DRIVE, ENOLA, PA 17025-23320. Parcel Nos. 09-13-1002-371 and 09-13-1002-157. Improvements thereon: RESIDEN- TIAL DWELLING. „The Patriot=New's Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~he~lahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY WrR No. 2009-4178 CivllTerm The Bank of New York Mellon Trust Company, National Association F/IVA The Bank of yewYorkTrust Compparry, N.A. as Successor to JPMorgen Chase Bank, N.A. as Trustee for RAMP 2004KRT Francis H. McElhenny Atty: Andrew Bremblett By virtue of a Writ of Execution No. 09-4178- ~SWOrn t0 CP/II. TERM THE BANK OF'NEW YORK MELLON J TRUST COMPANY, NATIONAL ASSOCIATION FKA ---- ' THE BANK OF NEW YORK TRUST - COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP.2004KR1 vs. FRANCES H. MCELHEN Owner(s) of property situate in the, Cumberland County, Pennsylvania,-being (Municipality) 60 ASHFORD DRIVE, ENOLA, PA 17025- 23320 Parcel No. 09-13-1002-371 and 09-13-1002-157 (Acreage or strcet address) Improvements thereon: RESIDENTIAL DWELLING This ad ran on the date(s) shown below: 10/23/09 10/30!09 11/06/09 ubscribed before rfle is y6 of November, 2009 A. D. ~_ i Notary Public ~_ COMMON~/EgLT~ OF P Fo... NNSYLV~~ ~lotariai Seal C.~he~ L. Kisner, IVatary Public t ~° ~ Harrtsbuar~, pauphin Coon My Gomrrtisstor+ Expiros iY Member, p ~OV• 26, 2011 ennsutvania ~+ssociation of Notaries Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 :?'j PiU ' tb" j Miorney For Plaintiff k.,;W13trcLA,L1JD COUNT'," PLEA NSYLVAt'4°j1 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004KR1 Plaintiff vs FRANCIS H. MCELHENNY Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 09-4178-CIVIL TERM TO THE PROTHONOTARY: PRAECIPE ? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ? Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please m rk 7,. in rem judgment Satisfied and the action Discontinued and Ended. HMIEG, LLP Date: PHELAN L 7PIaiiitiff By: Dana rov sky, s83921 tome PHS # 203397 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004KR1 Plaintiff vs FRANCIS H. MCELHENNY Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 09-4178-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: FRANCIS H. MCELHENNY 60 ASHFORD DRIVE ENOLA, P 1702 -2320 Date: T tl PHS 4 203397 B. D O o ky, Esq., Id. No.83921 Attor ey for Plaintiff