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HomeMy WebLinkAbout10-3832t (~ . i Phelan Hallinan &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 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 235636 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. JESSE K. ELEDGE 142 NORTH EAST STREET CARLISLE, PA 17013-2506 Defendant FI~E.D-- ~ ~ ~~' ~; r ~~;~- ~ ~ ,r~"r~~y 2~IU JUG t 0 ~~+ 10~ ~° GL'"~1~:~~ i ' ~aG..'t~1V 1 1 ~F i°vi ~~`~J'~L~r'~i~El,i; ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. jCS ~ ..~3~. l: Iu~~ 1,~~~ ~' _ _ 1 CUMBERLAND COUNTY File #: 235636 ~2.~~~~~ c~ qs~s`~ f ~ 4' 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 File #: 235636 1. Plaintiff is BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JESSE K. ELEDGE 142 NORTH EAST STREET CARLISLE, PA 17013-2506 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/13/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR BSM FINANCIAL L.P. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 2000, Page 0552. By Assignment of Mortgage recorded 02/10/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200903458. 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 08/01 /2009 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 #: 235636 ~, 6. The following amounts are due on the mortgage: Principal Balance $79,468.70 Interest $4,353.66 07/01/2009 through 06/08/2010 (Per Diem $12.6929) Attorney's Fees $650.00 Cumulative Late Charges $170.08 12/18/2009 to 06/08/2010 Costs of Suit and Title Search $550.00 Escrow Deficit $1,25SLQ2 Subtotal $86,452.46 Suspense Credit 1 '~ S _9 "1 TOTAL $86,316.54 7 8. Plaintiff is not seeking a judgment of personal liability (or an in ners~ ~nam 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, andlor 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. File #: 235636 y , WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $86,316.54, together with interest from 06/08/2010 at the rate of $12.6929 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ~~~ ~ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ 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 Attorneys for Plaintiff File #: 235636 r LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground located on the West side of North East Street, in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the West side of North East Street which point is the extension of the center of the partition wall between the properties known as No. 142 and 144 North East Street; thence through the center of said partition wall and along the property now or formerly of Lester Reichard and Mary I. Reichard, 60 feet more or less to the property now or formerly of Egolf s heirs; thence by said line Southwardly a distance of 26 feet more or less to the line of property now or formerly of Frank W. Reed; thence along said property in an Eastwardly direction 60 feet more or less to a point on the East side of North East Street; thence Northwardly along the East side of North East Street 26 feet more or less to the place of BEGINNING. BEING improved with a southern half of a double two and one-half story concrete block dwelling house known and numbered as 142 North East Street, Carlisle, Pennsylvania. `Co~rc-~1 ~ p2 - Z1 - p'31 ~S - 228 File #: 235636 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: ~~ Attorney for Plaintiff File #: 235636 ~~i ~ ~, _. a~L;_ 7i ~- ~~:.~~~ ~2'l '~ Cl;izr'.::. ,,sir; ~ Y Phelan Hallman & Sc ieg, LLP Lawrence T. Phelan, Esq , Id. No. 32227 Francis S. Hallman, Esq. Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Es ., Id. No. 69849 Judith T. Romano, Esq., d. No. 58745 Sheetal R. Shah-Jani, Es ., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. 'Tabas, Esq., I . No. 93337 Vivek Srivastava, Esq., I . No. 202331 Jay B. Jones, Esq., Id. N .86657 Peter J. Mulcahy, Esq., I . 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, Es ., Id. No. 208375 1617 JFK Boulevard, Sui e 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS S L.P., F/K/A COUNTRS LOANS SERVICING, VICING, [DE HOME Plaintiff vs. JESSE K. ELEDGE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-3832-CIVIL-TERM CUMBERLAND COUNTY O SUBSTITU7 TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOT,4~RY: PHS #: 235636 Kindly substitute~he attached verification for the verification originally filed with the complaint in the instant atter. - Hallinan & Scl~eg, LLP ;y for Plaintiff( ~ By: ^ aw ence T. Phelan, Es ., Id. No. 32227 ^ an is S. Hallinan, Es ., Id. No. 62695 ^ D ni 1 G. Schmieg, Esq., Id. No. 62205 ^ Mi ele M. Bradford, Esq., Id. No. 69849 ^ J dith T. Romano, Esq., Id. No. 58745 heetal 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. 246779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-14-10 PHS #: 235636 ~•; , VERIFICATION ' Wosnak ,hereby states that he/she is Vice President of BAC Home Loans Servicing, L.P., se vicing agent for Plaintiff in this matter, BAC HOME LOANS SERVICING, L.P., F/K/A OUNTRYWIDE HOME LOANS SERVICING, L.P., that he/she is authorized to take this V rification, and verify that the statements made in the foregoing Civil Action in Mortgage Fore losure are true and correct to the best of his/her knowledge, information and belief. he undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. ec. 4904 relating to unsworn falsification to authorities. DATE: PHS #: 235636 Name: JESSE K. xE __ , Name: Jil osnak -Vice President Title: Servicer: BAC Home Loans Servicing, L.P. Phelan Hallinan & Sc ieg, LLP Lawrence T. Phelan, Es ., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq. Id. No. 62205 Michele M. Bradford, E q., Id. No. 69849 Judith T. Romano, Esq., d. No. 58745 Sheetal R. Shah-J~ni, Es ., Id. No. 81760 Jenine R. Davey, Esq., I . No. 87077 Lauren R. Tabas, Esq., I . No. 93337 Vivek Srivastava, Esq., I . No. 202331 Jay B. Jones, Esq., Id. N .86657 Peter J. Mulcahy, Esq., I . No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuiruiess, 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, E q., Id. No. 208375 1617 JFK Boulevard, Su'te 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS L.P., F/K/A COUNTR LOANS SERVICING, RVICING, 'VIDE HOME Plaintiff vs. JESSE K. ELEDGE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-3832-CIVIL-TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent vi first class mail to the following on the date listed below: PHS #: 235636 JESSE K 142 NOI CARLIS .ELEDGE TH EAST STREET ~E, PA 17013-2506 Hallinan & Schmieg, LLP .y for Plaintiff /1 Date: 7-14-10 By: ^ L rence T. Phelan, E ., Id. No. 32227 ^ ra cis S. Hallinan, E q., Id. No. 62695 ^ a iel G. Schmieg, sq., Id. No. 62205 ^ ele M. Bradford, Esq., Id. No. 69849 ^ J ith T. Romano, Esq., Id. No. 58745 heetal 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 PHS #: 235636 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOANS SERVICING, L.P., F/KIA CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, COURT OF COMMON PLEAS V. JESSE K. ELEDGE Defendant(s) : CIVIL DIVISION No.: 10-3832-CIVIL-TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY 1 SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached herhibit "A". LJ Lawrenb6 Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 c ..: ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 _ ? Judith T. Romano, Esq., Id. No. 58745 ? ,u E w R. Shah-Jani, Esq., Id. No. 81760 ' /ee R. Davey, Esq., Id. No. 87077 ; '!r= r-- =?° R. Tabas, Esq., Id. No. 93337 rivastava, Esq., Id . No. 202331 , .v ? Jay B. Jones, Esq., Id. No. 86657 ? c? . ? Peter J. Mulcahy, Esq., Id. No. 61791 x. ? 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 Attorney for Plaintiff Date: 1 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. PHS # 235636 r FA v C C N I- C. ? a C$ ? a??a ii ]IN w E0 LS L 3000cuz Wplu 0311VW OLOZ £Z d3S 9SZLLZb000 M zs•zo zo o s S M W A3M M _.,.., . ab r rn q i? 8 a M b e ? a ? ? Q F a ea ? ?? a t? ar,a °ge'e ja xpa I O li , Z ea l z Q w o W z ? aV`:3[? G?tw S ?Da?p a..U A4 I z * 49 49 .9 41 if .? N M M 10 l? 00 01 O „y N 'y M ..? e ..? h w.l Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 4«tr of Cuuiq".t" OFF;C;E :`c 'HE c..cg,cc I 1%...IrW-Q ; Il.* 4f. THE i'RCTI40' 0iARY 'KI I "PI? 11 AM 10: 318 CUMBERLAND COUNTY PENNSYLVANIA BAC Home Loans Servicing, LP vs. Case Number Jesse K Eledge 2010-3832 SHERIFF'S RETURN OF SERVICE 10/08/2010 03:17 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1513 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 Jesse K. Eledge, located at, 142 North East Street, Carlisle, Cumberland County, Pennsylvania according to law. 11/01/2010 03:21 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Jesse K. Eledge, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 142 North East Street, Carilsle, PA 17013, defendant moved, did no- leave a forwarding address with the post office. 12/02/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 01/31/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Atty Schmieg on 4/1/11. SHERIFF COST: $683.40 SO ANSWERS, April 07, 2011 RON R ANDERSON, SHERIFF e?+1- 81380 k'I Countysuite sner;ff_ T'ele ^;c!'t. Inc. „BAC HOME LOANS, SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff V. JESSE K. ELEDGE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-3832-CIVIL-TERM CUMBERLAND COUNTY PHS # 235636 AFFIDAVIT. PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P., 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 142 NORTH EAST STREET, CARLISLE, PA 17013-2506. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JESSE K. ELEDGE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 142 NORTH EAST STREET CARLISLE, PA 17013-2506 Address (if address cannot be reasonably ascertained, please so indicate) 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) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE, PA 17013 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) 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 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) TENANVOCCUPANT 142 NORTH EAST STREET CARLISLE, PA 17013-2506 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 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 unworn falsification to authorities. September 10, 2010 By. fWPlai3t-irr- Phelan lan Hallinan & Schmieg, LLP ? Ly(wence T. Phelan, Esq., Id. No. 32227 ? cis S. Hallinan, Esq., Id. No. 62695 r aniel 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 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff VS. JESSE K. ELEDGE : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-3832-CIVIL-TERM : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JESSE K. ELEDGE 142 NORTH EAST STREET CARLISLE, PA 17013-2506 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 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 142 NORTH EAST STREET, CARLISLE, PA 17013-2506 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $86,963.88 obtained by BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 bq able tp 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground located on the West side of North East Street, in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the West side of North East Street which point is the extension of the center of the partition wall between the properties known as No. 142 and 144 North East Street; thence through the center of said partition wall and along the property now or formerly of Lester Reichard and Mary I. Reichard, 60 feet more or less to the property now or formerly of Egolfs heirs; thence by said line Southwardly a distance of 26 feet more or less to the line of property now or formerly of Frank W. Reed; thence along said property in an Eastwardly direction 60 feet more or less to a point on the East side of North East Street; thence Northwardly along the East side of North East Street 26 feet more or less to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Jesse K. Eledge, a single person, by Deed from Bank of New York Trust Company, N.A., as successor to JPMorgan Chase Bank, N.A., as Trustee, a Bank, by Residential Funding, LLC. f/k/a Residential Funding Corporation, its Attorney in FAct, dated 08/13/2007, recorded 08/17/2007 in Instrument Number 200732319. PREMISES BEING: 142 NORTH EAST STREET, CARLISLE, PA 17013-2506 PARCEL NO. 02-21-0318-228 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-3832 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, L.P., f/k/a COUNTRYWIDE HOME LOANS SERVICING, L.P., Plaintiff (s) From JESSE K. ELEDGE (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 $86,963.88 L.L. $.50 Interest from 7/30/10 to Date of Sale ($14.30 per diem) -- $1,887.60 Atty's Comm % Due Prothy $2.00 Atty Paid $171.30 Other Costs Plaintiff Paid Date: 9/15/10 Davi . Buell, P othonotary (Seal) By: Deputy REQUESTING PARTY: Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 142 North East Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coordinator 4. The Patriot-News Co. 2020 Tec.hnolQg.y Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patti* ot 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 Holly Blain. 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 printer and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 2010-3832 Civil Term 10/15/10 SAC Home Loans Servicing, LP, /K/A Countrywide Home Loans 10/22/10 Servicing, L.P. vs Jesse K Eledge Atty: Daniel G Schmieg 10/29/10 BY virtue of a Writ of Execution NO. 10-3832-CIVIL TERM BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING Sworn to and'sr bscribe ore me this 10 day,/Of November, 2010 A.D. , LT VS. r 1 ?. JESSE KELEDGE owners of property situate in the CARLISLE BOROUGH, Cumberland County, Notary Public Pennsylvania, being (Municipality) 142 NORTH EAST STREET, CARLISLE, PA 17013-2506 Parcel No. 02-21-0318-228 (Acreage or street address) _COMMONWEALTH OF PENNSYLVANIA Improvements thereon: RESIDENTIAL Notarial! Seal DWELLING Sherrie L Kisner, Notary Public JUDGMENT AMOUNT $86,963.88 ower Paxton 7Wvp., Dauphin County ! My Commission Expires Nov. 26, 2011 Member, Pennsvtvania Association of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 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. Lisa Marie Coyne, E ' or SWORN TO AND SUBSCRIBED before me this 5 da of November. 2010 Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-3832 Civil BAC Home Loans Servicing, LP, F/K/A Countrywide Home Loans Servicing, L.P. vs. Jesse K. Eledge Atty.: Daniel G. Schmieg By virtue of a Writ of Execu- tion NO. 10-3832-CIVIL-TERM, BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. JESSE K. ELEDGE, owner of property situate in the CARLISLE BOROUGH, Cumberland County, Pennsylvania, being 142 NORTH EAST STREET, CARLISLE, PA 17013-2506. Parcel No. 02-21-0318-228. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $86,963- .88. 38 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, Court of Common Pleas L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Civil Division Plaintiff m`. CUMBERLAND County; vs r ry r? No. 10-3832-CIVIL-TERM 0 JESSE K. ELEDGE, Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP. Date: AN & SCHMIEG, LLP Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 235636 Attorneys for Plaintiff B• lison F. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 t u J 215-563-7000 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff vs JESSE K. ELEDGE Defendant Court of Common Pleas Civil Division CUMBERLAND County : I No. 10-3832-CIVIL-TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.. 2352 TO THE PROTHONOTARY: Kindly substitute Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP as successor Plaintiff for the originally named Plaintiff The material facts on which the right of succession and substitution are based are as follows: Plaintiff BAC Home Loans Servicing, LP has merged with and into Bank of America, N.A. under the provisions of the National Bank Act. Bank of America, N.A. is successor by merger to BAC Home Loans Servicing, LP and, as a matter of federal law, is deemed to be the same company as BAC Home Loans Servicing, LP and all rights, franchises, and interests of BAC Home Loans Servicing, LP in and to every type of property (real, personal, and mixed) and choses in action are transferred to and vested in Bank of America, N.A., without any deed or other transfer. Accordingly, the name of the plaintiff has changed to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP. BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P. was successor to Countrywide Home Loans Servicing, L.P. by virtue of the corporate name change whereby Countrywide Home Loans Servicing, L.P. became known as BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P. Kindly amend the information on the docket Date: Wo, u AN & SCHMIEG, LLP son F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 235636 Attorneys for Plaintiff - C- ate- '46W, DUIISS9 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BAC HOME LOANS SERVICING, Court of Common Pleas L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Civil Division Plaintiff CUMBERLAND County vs . No. 10-3832-CIVIL-TERM JESSE K. ELEDGE Defendant PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f Countrywide Home Loans Servicing, LP, located 7105 Corporate D *no' TX 75024. Date: PHELAN, HALLINAN & SCHMIEG, LLP ison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 235636 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 10-3832-CIVIL-TERM JESSE K. ELEDGE CUMBERLAND COUNTY Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to mark judgment to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: JESSE K. ELEDGE 142 NORTH EAST STREET ---- CARLISLE, PA 17013-2506 Date: 111k411 W:"-? A AN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 235636 Attorneys for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-3832 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff (s) From JESSE K. ELEDGE (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: $86,963.88 L.L.: $.50 Interest from 7/30/10 to Date of Sale ($14.30 per diem) -- $8,394.10 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $886.70 Other Costs: Plaintiff Paid: Date: 11130111 David D. B ell, Prothon t (Seal) B Deputy REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L LP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff v JESSE K. ELEDGE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/30/2010 to Date of Sale ($14.30 per diem) TOTAL NO.: 10-3832-CIVIL-TERM CUMBERLAND COUNTY $86,963.88 $8,394.10 ?t r-•._ ?,ta $95,357.98 M y PIffIan Hallinad.&3ehmieg, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 Attorney for Plaintiff Note: Please attach description of property. PHS # 235636 (S:) co?.? 3s. ?s-a ?f ?Q g 3• `Id U CV). as M, 6-c> 8 . oa ? t,< vo, vlb? 9(0_)90s w W a C7 U 0 x W W a w CIO? W az ?? oa ?° U IS raj x ? A WAS H ? 9 W o N W ?O d ? ? U d H N U W wit d 0 a, ti0 w o? xQ ?? V/ a w Y ? ? Q LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground located on the West side of North East Street, in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the West side of North East Street which point is the extension of the center of the partition wall between the properties known as No. 142 and 144 North East Street; thence through the center of said partition wall and along the property now or formerly of Lester Reichard and Mary I. Reichard, 60 feet more or less to the property now or formerly of Egolfs heirs; thence by said line Southwardly a distance of 26 feet more or less to the line of property now or formerly of Frank W. Reed; thence along said property in an Eastwardly direction 60 feet more or less to a point on the East side of North East Street; thence Northwardly along the East side of North East Street 26 feet more or less to the place of BEGINNING. BEING improved with a southern half of a double two and one-half story concrete block dwelling house known and numbered as 142 North East Street, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Jesse K. Eledge, a single person, by Deed from Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A., as Trustee, a bank, by RESIDENTIAL FUNDING LLC F/K/A RESIDENTIAL FUNDING CORORATION, its attorney in fact, dated 08/13/2007, recorded 08/17/2007 in Instrument Number 200732319. PREMISES BEING: 142 NORTH EAST STREET, CARLISLE, PA 17013-2506 PARCEL NO. 02-21-0318-228 PHELAN HALLINAN & SCHMIEG, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER Y6 BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff V. JESSE K. ELEDGE Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-3832-CIVIL-TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. _ By: ?A?'A' Phelan 1 inan S mie LLP Sheetal R. Shah-Jani Esq., I . No.81760 Attorney for Plaintif BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff . V. JESSE K. ELEDGE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-3832-CIVIL-TERM CUMBERLAND COUNTY PHS # 235636 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, 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 142 NORTH EAST STREET, CARLISLE, PA 17013-2506. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Jesse K. Fledge 142 North East Street Carlisle, PA 17013-2506 =- 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably so= C:3 ascertained, please so indicate) SAME AS ABOVE c C' ° ? ` - . 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) Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 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) 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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) 1ENANT/OCCUPANT Domestic Relations of Cumberland County 142 North East Street Carlisle, PA 17013-2506 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 unswom falsification to authorities. Date: By: Phelan 11allinan & Sch eg, LL Sheetal R. Shah-Jani, Esq., . 0.81760 Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO.: 10-3832-CIVIL-TERM VS. JESSE K. ELEDGE : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JESSE K. ELEDGE 142 NORTH EAST STREET , - ; CARLISLE, PA 17013-2506 _ c C0 ; "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION-©BTMNED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 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 142 NORTH EAST STREET, CARLISLE, PA 17013-2506 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $86,963.88 obtained by BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 kale 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-3832-CIVIL-TERM BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP VS. JESSE K. ELEDGE owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 142 NORTH EAST STREET, CARLISLE, PA 17013-2506 Parcel No. 02-21-0318-228 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,963.88 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground located on the West side of North East Street, in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the West side of North East Street which point is the extension of the center of the partition wall between the properties known as No. 142 and 144 North East Street; thence through the center of said partition wall and along the property now or formerly of Lester Reichard and Mary I. Reichard, 60 feet more or less to the property now or formerly of Egolfs heirs; thence by said line Southwardly a distance of 26 feet more or less to the line of property now or formerly of Frank W. Reed; thence along said property in an Eastwardly direction 60 feet more or less to a point on the East side of North East Street; thence Northwardly along the East side of North East Street 26 feet more or less to the place of BEGINNING. BEING improved with a southern half of a double two and one-half story concrete block dwelling house known and numbered as 142 North East Street, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Jesse K. Eledge, a single person, by Deed from Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A., as Trustee, a bank, by RESIDENTIAL FUNDING LLC F/K/A RESIDENTIAL FUNDING CORORATION, its attorney in fact, dated 08/13/2007, recorded 08/17/2007 in Instrument Number 200732319. PREMISES BEING: 142 NORTH EAST STREET, CARLISLE, PA 17013-2506 PARCEL NO. 02-21-0318-228 i. ?? " !J t r t t ''y t`110 ! XO 1i. Ai"tt i CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff v. JESSE K. FLEDGE Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10-3832-CIVIL-TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary :o amend the judgment in this matter, and in support thereof avers the following: Plaintiff comineneed this foreclosure action by filing a Complaint on June 10, 2010. 2. Judgment was entered on July 30, 2010 in the amount of $86,963.88. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), it default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 235636 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, 2012. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was tiled and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $79,468.70 Interest Through March 7, 2012 $12,260.19 Per Diem $12.52 Late Charges 5148.82 Legal fees $1,325.00 Cost of Suit and Title $877.00 Sheriffs Sale Costs $683.40 Property Inspections $345.00 Property Preservation $177.50 Mortgage Insurance Premium/ Private Mortgage $1.864.95 Insurance Suspense/Misc. Credits {$0.25) Escrow Deficit $6.912.59 TOTAL $104.062.90 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 Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability. as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 19. 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff, s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B"". 235636 1 0. No judge has previously entered a ruling in this case. WHEREFORE. Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: A By: P Schmieg. LLP RoN-rt,'A Cusick. Esquire ATTORNEY FOR PLAINTIFF 235636 Phelan Hallinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 1617.IFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FIKIA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff V. JESSE K. FLEDGE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-3832-CIVIL-TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JESSE K. FLEDGE 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 142 NORTH EAST STREET, CARLISLE, PA 17013-2506. The Mortgage indicates that in the event of 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. 235636 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court. and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums. costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. If. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsvlvania 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. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 235636 its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns. 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157. 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 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 mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 235636 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Companv v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266. 270 (1978). Pennsylvania Rule of Civil Procedure H 41(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. I V. INTEREST HZe Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 235636 outstanding balance due on the loan. If the Property were damaged in a fire. Plaintiff NNould not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicom v. Morrisville Hampton Reams, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. 235636 The title report is necessary to determine the record owners of the property. as Pa.R.C.P. 1 144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property.. whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. Be Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. fhe mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the 235636 terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral. including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may char ,c the borrower for services performed in connection with the default. for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in del-ault. the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant. if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris. etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mort gage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs Motion to Reassess Damages. 235636 IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance With the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 1 Phel Hallinan & Schmieg, LLP By: Robert W. Cusick, Esquire Attorney for Plaintiff 235636 235636 Exhibit "A" l'lael;;?a [ l?;9liFaaaa :3c;lxaaxivg, I.,I,P By: S,?;wicaace "1'. Phelan, Esq., Id. Noy 32227 i`aa n is 8, llatllisu;ax, T;scl., Id. No. 62695 IJunicl ti. `;e,1);nlcr, Id. No, 612205 hlic kele M, llcadi,01 d) F° ;q., Id, No, 69949 Judicia 3". IZomino, Id. No. 59745 Slit'dal R. Shah-J-ini, 4?sr1., hi. No. 81760 Jenine: It, Dravc y Id, No, 117077 Attorney for Plaintiff Lauren R. Iabas, ],scl., Id. No. 93337 ? ?Vivel€;irs'vrystava, Lsal., ld. No, 202331. atN... Jay 11 Jones, Id. No. 136657 0,? 1 ettta J. W1111 alxy, MCI,,1 ."), r-4(). to 17'l 1 ? Andrew L. ` pivor k, Its i., Id. No. 84431) J aitna' lvlc(Iiai;aaae ;, l'-41- Isl. No, 90131 Chrisovahtnte 11. 1)hflw,,:. Esq., Id. No. 94620 Jv,,Jwsa 1. 0oldnxan, sq., ld, No. '205047 Cotsi tenny R. Dunn, 1,sc1., Id. No, 20079 ,r?tlrcn, C. l3rmubhott, l scl., ICJ. No. 20 375 1617 JFK Boulevard, Staiat; 1400 One i'enii Center Plaza Philadelphia, PA 19103 215-563-7000 13AC HOME LOANS SERVICING, L.P., FfK/A COUNTRYWIDE HOME, LOANS SERVICING, L.P. VS. JESSE I:. FLEDGE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-3832-CIVIL-TERM P,RAECIPE; FOR IN 121+aiVt 1,{i :ttA11"I1 01? FAILURE TO N t1 i;1ti i\ND !kS',lt 4Alt'IVN I' o lt: N4,%{_ FS TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against jE: F K. FLEDGE, Defendant(s) for failure to file an Answer to Plsaintiff s Complaint wilbin 20 Clays from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's dwii ages as follows: As ,!t Im Vi in +e omploirit $86,316.54 Intel - 06/09fI01 U to 07/29/201 0 6$ 47.34 TOTAI• 586,363.88 [ hereby certify that (1) the Defendant's last known address is I4 Nt>I;TI 11',rj, ` 1" S TREIHT, CfM,1S1 r, PA 17013-2506, and (2) that notice has be yi?71 11, iccs;?xi;?? irrFr with Role 237.1, copy attuchod. s Ls??vreric?e "1. ! ?r i,i?i, Esquire _ Fran sk Esquire Daniel 0. Schmie8, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. S, ah-Jaani, 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 Chnsuvaltmte P, Fliak-os, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire t1 aadrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATl D.-----, f DATE; PHS A 235636 PROTHONOTARY r ??er ?? :.s? PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallman & Schmeg, LLP Representing Lenders in Pennsylvania and New Jersey December 19, 2011 JESSE K. ELEDGE 142 NORTH EAST STREET CARLISLE, PA 17013-2506 RE: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP v. JESSE K. ELEDGE Premises Address: 142 NORTH EAST STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 10-3832-CIVIL-TERM Dear Defendant. Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment, Please respond to me within 5 days, by December 24, 2011. Should you have further questions or-comets, please do not hesitate to contact me. Otherwise, please be guided accor Y. Very truly youts; ' AllisE 1'vells, Esquire Attorney for Plaintiff Enclosure 235636 a v? r-? W o iv U µ? a x ? a? v C R{ y C E ro it zQo o y ? ? g Q r E u u _ ¦wl ey ? Y U ?o T B6° 40 'a u N . 'o c 0- E E 0 ? ? G E C v ? Y E ? o L G 3 ? 'o j S1 U rv v8 ?.? do?W w w ?oova a .b d' u U H a S O YW N I ?I N W L . C7 A ? T3 o p ? o v G. a? z> ~ r? V N b ? ? a s O T U 'B FF y n? O N M V' V) U v M M N Phelan Hallinan & Schmieg. LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA. N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING. LP F/K/A COUNTRYWIDE HOME LOANS SERVICING. LP Plaintiff V. JESSE K. ELEDGE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-3832-CIVIL-TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages. and Brief in Support thereof, were sent to the following individual on the date indicated below. JESSE K. ELEDGE 142 NORTH EAST STREET CARLISLE, PA 17013-2506 Phelan DATE: 2 - By: - Robert sick, Esquire ATTORN Y FOR PLAINTIFF 235636 1. III f'?`l F?(l ; L;' . 2012 JAN 19 AM 93.01 'CUMBERLAND GOON ' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME Civil Division LOANS SERVICING, LP Plaintiff CUMBERLAND County V. No.: 10-3832-CIVIL-TERM JESSE K. ELEDGE Defendant AND NOW, this day o 012, a Rule is entered upon the Defendant to show cause why an Order should not b d granting Plaintiff's Motion to Reassess be enter Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE TOU4 ? I A. (7LAC.?-?( RULE C.? T. 235636 ? Robert W. Cusick, Esq., Id. No.80193 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 io/ JESSE K. ELEDGE 142 NORTH EAST STREET CARLISLE, PA 17013-2506 CC, p, e5 44 a.le-4 ///q//.), 4& 235636 235636 -OFFICE I THE PROTHONOTARY 2012 JAS! 31 AM 10: 13 CUMBERLAND COUNTY Phelan Hallinan & Schmieg, LLPPENNSYLVANIA Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/KJA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff vs. JESSE K. ELEDGE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-3832-CIVIL-TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 19, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. JESSE K. ELEDGE 142 NORTH EAST STREET CARLISLE, PA 17013-2506 DATE: _ go, J? By JESSE K. ELEDGE 365 Pleasant View Drive TRLR 21 Etters, PA 17319 235636 Attorney for Plaintiff PR 0T0' f" 0' i ;f:'T A PHELAN HALLINAN & SCHMIEG, LLP Andrew J. Marley, Esq., Id. No.312314 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 2012 FEB 13 A91 M, for Plaintiff CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS SERVICING, LP Plaintiff, CIVIL DIVISION V, JESSE K. ELEDGE Defendant(s) No.: 10-3832-CIVIL-TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached he to Ex ibit "A" rew J. M ey, Esquir Attorney for Plaintiff Date: IMPORTAN 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. PHS # 235636 c Z t t t a a '?CAU a. `O O I\ u ? L ro v ? v: p 18 } w 0 tn M N x a c H S.i 'v O a O U W ° ? ° ° 4 L a+ 'b 04 L .? ? C A ? cQtl Ci+ ,? ? 'd ? ca a r, a ? Yt ? a.. y a C u 'p O ? ? ' 7 ° O y ? ?? fl ? s a ? ?N Qr ? L '++M b V? . =+ Pr a N N In w ,r a y - a`t +'. i U y Q~ vn ?? ++ °° Or rti ? a ; d'y y G a 0. n o w ??a y • ? c ° E.?O, / c a rg?op. a d w ' ? a# q °' ? o o o a f ,p a w o.opq? a ?. ;? ca .c ? ^" ° 10, L ? t" ' G at N L Fx1 ?y. oa U G 1 + 7 U sd U?U G O M a A-?U 0.O O a UAa+x y p p p ..?•-a C 00 [? C? a N DUri.Nx z k ? ? x r? u Lu N dj 3 ? s?`y GiL O F ? ? 9 y YS Cl.I 'O c'EKE?L+ ? a F a u M? a .tr ? v rr A b yy ?Et m L?w ii Eur E u o R av, ?E ;; cn 4 ? 13 c 4 Q w 00 g`,a e? z; _ L C L ? u o .v i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 06'? BANK OF AMERICA, N.A., AS SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, Civil Division LP Plaintiff vs. CUMBERLAND County No.: 10-3832-CIVIL-TERM JESSE K. ELEDGE Defendant & ORDER AND NOW, this S, day ofJ0411, 2012, upon consideration of Plaintiff s '-ff Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $79,468.70 Interest Through March 7, 2012 $12,260.19 Per Diem $12.52 Late Charges $148.82 Legal fees $1,325.00 Cost of Suit and Title $877.00 Sheriffs Sale Costs $683.40 Property Inspections $345.00 ert Preservation Pro $177.50 p y Mort gage Insurance Premium/ Private Mortgage Insurance $1,864.91 c Escrow Deficit $6,912.4. Suspense/Misc. Credits ($0 rn r- = o TOTAL $104,062 40 loo 06-2 1D V, C") ?'' ? c? ?t Plus interest from March 7, 2012 through the date of sale at six percent per annum. X Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. vl? e, 1e'- C/rASC t /? 14Son r Dells lacey eas Judge Pl Co rmVn 235636 12'e l SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor BAC Home Loans Servicing, LP vs. Jesse K Eledge r?444t t SHERIFF'S RETURN OF SERVICE Case Number 2010-3832 12/29/2011 09:09 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 142 North East Street, Carlisle, Cumberland County, PA 17013. 12/29/2011 09:09 PM - Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant, to wit: Jesse K Eledge at 142 North East Street, Carlisle Boro, Carlisle, PA 17013. The address was found to be vacant. 01/30/2012 Affidavit of Service on Jesse K. Eledge filed in the Sheriffs Office 02/13/2012 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/21/2012 Ronny R Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on March 07, 2012 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Schmieg, on behalf of the Bank of America. Sherrifs Bid was assigned to Federal Home Loan Mortgage Corporation at 8200 Jone Beach Drive, Mailstop 202, McLean, VA 22102. Bank of America, being the buyer in this execution, paid to the Sheriff the sum of $783.55. 03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SHERIFF COST: $783.55 SO ANSWERS, March 21, 2012 RON R ANDERSON, SHERIFF ip) GruniySu!e jeer!?f. ieie-;so`( Inr.. 2012 APR 26 1*M 8: 5 CUMBERLAND COUIN Y PENNSYLVANIA F'? ` `?YL BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, . V. JESSE K. ELEDGE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-3832-CIVIL-TERM CUMBERLAND COUNTY PHS # 235636 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, 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 142 NORTH EAST STREET, CARLISLE, PA 17013-2506. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Jesse K.Eledge 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 142 North East Street Carlisle, PA 17013-2506 Address (if address cannot be reasonably ascertained, please so indicate) 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) Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 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) 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 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 ma be affected by the sale: y Name Address (if address cannot be . reasonably ascertained, please indicate) TENANVOCCUPANT 142 North East Street Carlisle, PA 17013-2506 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ?? Date: By. Phelan allinan & Sch eg, LL SheetaI R. Shah-Jani, Esq., 0.81760 Attorney for Plaintiff s o :z cJ- o - ??? +FOz BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO.: 10-3832-CIVIL-TERM VS. JESSE K. ELEDGE Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JESSE K. ELEDGE 142 NORTH EAST STREET CARLISLE, PA 17013-2506 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 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 142 NORTH EAST STREET, CARLISLE, PA 17013-2506 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $86,963.88 obtained by BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You maybe 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. I . 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-3832-CIVIL-TERM BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP vs. JESSE K. ELEDGE owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 142 NORTH EAST STREET CARLISLE PA 17013-2506 Parcel No. 02-21-0318-228 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,963.88 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 t LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground located on the West side of North East Street, in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the West side of North East Street which point is the extension of the center of the partition wall between the properties known as No. 142 and 144 North East Street; thence through the center of said partition wall and along the property now or formerly of Lester Reichard and Mary I. Reichard, 60 feet more or less to the property now or formerly of Egolfs heirs; thence by said line Southwardly a distance of 26 feet more or less to the line of property now or formerly of Frank W. Reed; thence along said property in an Eastwardly direction 60 feet more or less to a point on the East side of North East Street; thence Northwardly along the East side of North East Street 26 feet more or less to the place of BEGINNING. BEING improved with a southern half of a double two and one-half story concrete; block dwelling house known and numbered as 142 North East Street, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Jesse K. Eledge, a single person, by Deed from Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A., as Trustee, a bank, by RESIDENTIAL FUNDING LLC F/K/A RESIDENTIAL FUNDING CORORATION, its attorney in fact, dated 08/13/2007, recorded 08/17/2007 in Instrument Number 200732319. PREMISES BEING: 142 NORTH EAST STREET, CARLISLE, PA 17013-2506 PARCEL NO. 02-21-0318-228 _'v WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO10-3832 Civil COUNTY, OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff (s) From JESSE K. ELEDGE (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: $86,963.88 L.L.: $.50 Interest from 7/30/10 to Date of Sale ($14.30 per diem) -- $8,394.10 Atty's Comm: % Due Prothy: $2.00 Attu Paid: $886.70 Other Costs: Plaintiff Paid: Date: 11/30/11 7?w ?--i.LiL David D. Buell, Prothono (Seal) Deputy REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the eal of said Court at Carlisle, Pa. This 30 day of 20 Pr yen :?tv y 0. V On December 14, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 142 North East Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 14, 2011 By: Real Estate Coordinator '10 .? u 1- 310 i 1oz The Patriot-News Co. 7020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries = 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patriot News Now you know CARLISLE PA 17013 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 Holly Blain, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally-by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/27/12 r? +t Q (I 'I-, ............ Sworn to anscribed be`fo`r me thys'24 ay cif February, 2012 A.D. Nota Public COMMONWEALTH OF PENNSYLVANIA r Notarlaf seal Sherrie L. Owens, Notary pUbk Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PB IyANIA A%OCIATION OF NOTARIES 02/03/12 02/10/12 2010.3832 Cpl T A , as Punk of Ameerger to SAC 'essor by servicing, LP Home Loans Countrywide Home Loans IN eMcin9, L.P. Vs Jesse K. ElSceddge Atty. Daniel Nl ue of a Writ of Execution N0. By g i OF A?MERIC?A, N.A., AS BAC SUCCESSOR BY IviERGER T I FIV1A LOp rIS SERVICING, CO ?MWIDE HOME LOANS SEO CING,LP VS. JESSE K FLEDGE in the owner(s) of property situate Cumberland County, BOROUGH PennsylOF anlA being (MuD;'ipality) 142 NORTH EAST STREET, CAR-LISLE, PA 17013-2506 parcel No. 02.21-0318-228 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,963.88 V.he 13atriot-Nirwis Now you know 2020 Technology Parkway Mechanicsburg, PA (717) 265-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT.# 2260 DUPLICATE BILL Date Description Sale # Size Rate Net Cost Of Ad 01/27/12 Sheriff Sale 3832 5.09 $12.00 $ 61.08 02/03/12 Sheriff Sale 3832 5.09 $12.00 $ 61.08 02/10/12 Sheriff Sale 3832 5.09 $12.00 $ 61.08 Notary Fee I I I I I 1 $5.00 TOTAL DUE FOR THIS SALE: $ 188.24 JLC CUMBERLAND LAW JOURNAL Writ No. 2010-3832 Civil Term Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, L.P. VS. Jesse K. Eledge Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-3832-CIVIL-TERM, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP f/k/a COUNTRY- WIDE HOME LOANS SERVICING, LP vs. JESSE K. ELEDGE owner(s) of property situate in the BOR- OUGH OF CARLISLE, Cumberland County, Pennsylvania, being 142 NORTH EAST STREET, CARLISLE, PA 17013-2506. Parcel No. 02-21-0318-228. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $86,- 963.88. 35 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 27, February 3, and February 10, 2012 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. v i Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 10 day of February, 2012 Notary N ITARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL ACTION AT LAW No. 10-3832-CIVIL-TERM JESSE K. ELEDGE Defendants ASSIGNMENT OF SHERIFF'S SALE BID 1. The Law Firm of Phelan Hallinan & Schmieg, LLP, Attorney of record for BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff/Bank, on the Writ of Execution, in connection with a Mortgage Foreclosure action as captioned above. 2. At the Sheriff's Execution sale, Phelan Hallinan & Schmieg, LLP was the successful bidder on behalf of BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff/Bank. Phelan Hallinan & Schmieg, LLP, being authorized to do so, hereby assigns the bid to FEDERAL HOME LOAN MORTGAGE CORPORATION, Assignee, whose address is 8200 Jones Branch Drive, Mailstop 202, McLean, VA 22102 and instructs the Sheriff, upon payment of the costs of settlement, to record said A Dated: March 12, 2012 ? 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 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spiv k, Esq., Id. No. 84439 ? Chri to P. Fliakos, Esq., Id. No. 94620 ? urtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew J. Marley, Esq., Id. No. 312314 ? Robert W. Cusick, Esq., Id. No. 80193 ? John M. Kolesnik, Esq., Id. No. 308877 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Corp is the grantee the same having been sold to said grantee on the 7 day of March A.D., 2012, under and by virtue of a writ Execution issued on the 30 day of November, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 3832, at the suit of Bank of America N.A. Successor By Merger to BAC Home Loans Servicing LP f/k/a Countrywide Home Loans Servicing against Jesse Eledge is duly recorded as Instrument Number 201212114. IN TESTIMONY WHEREOF, I have hereunto set my hand -ZA and seal of said office this _ day of Z"Z'A.D. -c2- ? c T v '? ecorder of Deeds Rewrder of Deed, Cwdmr nd 0= 4 Carlisle, PA My Commission E)ires the Frst Monday of Jan. 2014