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HomeMy WebLinkAbout12-1525 ?G'2 F, --9 10: 2 7 ,UFIBERLAND COUNT _w4sYLVANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. s/b/m/t BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP 1800 Tapo Canyon Road Mail Stop # SV-103 Simi Valley, California 93063 V. William R. Ellison 11 Silver Spring Rd Mechanicsburg, Pennsylvania 17050 and Teresa L. Ellison 11 Silver Spring Rd Mechanicsburg, Pennsylvania 17050 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number as (a -1:59-S COMPLAINT IN MORTGAGE FORECLOSURE 01*Yi t n3?S ?d 0)?A e1 ?tk I l0l3q I v ??? aao s 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notification. Ademas, la cone puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is Bank of America, N.A. s/b/m/t BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, duly organized and doing business at the above-captioned address. 2. The Defendant is William R. Ellison, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 11 Silver Spring Rd, Mechanicsburg, Pennsylvania 17050. 3. The Defendant is Teresa L. Ellison, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 11 Silver Spring Rd, Mechanicsburg, Pennsylvania 17050. 4. On July 21, 2010, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage was recorded on July 30, 2010 in the Office of the Recorder of Cumberland County in Mortgage Instrument No. 201020743, such Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 11 Silver Spring Road, Mechanicsburg, Pennsylvania 17050. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due August 1, 2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 123,531.23 Interest from July 1, 2011 through January 10, 2012 $ 3,078.17 (Plus $16.03206 per diem thereafter) Attorney's Fee $ 1,450.00 Late Charges $ 98.04 Corporate Advance $ 45.00 Escrow Advance $ 616.50 GRAND TOTAL $ 128,818.94 Notice of Intention to Foreclose under Act 6 of 1974 (41 P.S. §403) was sent to Defendant by certified mai 1, return receipt requested as required by that Act. Notice under the Homeowner's Emergency Mortgage Assistance Act (Act 91) was not provided as the provisions of such Act were not applicable at that time and no notice under such Act was required. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $128,818.94, together with interest at the rate of $16.03206 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. 1/? / ?x Ak 7 - AA Attorney for Plaintiff MCCABE, WEISBERG AN CONWAY,P.C. n BY: , L MARC S. ISBERG, ESQUIRE VERIFICATION M Dod S rr??an, hereby states that he he is AA h& f V&f ftepd?n t of Bank of America, N.A. s/b/m/t , Plaintiff in this matter, and that hesh is authorized to make this Verification and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hisA ?re knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of the 18 Pa. C.S. Sec 4904 relating to unsworn falsification to authorities I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. By: Printed Name:Ml y Oaddf Chrmon Title: ASSffl ow Vice Preiid en f Febru(Ir ? ?Oia Bank of America, N.A. s/b/m/t BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP v. William R. Ellison and Teresa L. Ellison File 61165 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Cff I HE PP,0TH0 i'3 iAi'Y Chief Deputy 2012 APR 17 AM 9: 25 Richard W Stewart C RLANI D COUNTY' Solicitor PENNSYLVANIA Bank of America, NA vs. Case Number William R. Ellison (et al.) 2012-1525 SHERIFF'S RETURN OF SERVICE 03/22/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Teresa L. Ellison, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Teresa L. Ellison. Request for service at 11 Silver Spring Road, Mechanicsburg, Pennsylvania 17050 is vacant. The Mechanicsburg Postmaster has confirmed, Teresa L. Ellison's new address is 564 Walton Avenue E., Hummelstown, Pennsylvania 17036. 04/03/2012 03:59 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 3, 2012 at 1559 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William R. Ellison, by making known unto Janelle Habecker, adult in charge at 12A Richland Lane, Apartment T2, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 11 Silver Spring Road, Mechanicsburg, Pennsylvania is vacant. RONALD HOOVER, DEPUTY SHERIFF COST: $74.00 April 09, 2012 SO ANSWERS, RbNO"Y R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson - Sheriff - ~ ' i; Jody SSmith =-``'~ ~ ~ ~ ~'~~ • :. Chief Deputy t L 'i . '. Richard W Stewart . ~~ ; , ~t ,•, Solicitor '~ ~ -- • Bank of America, NA Case Number vs. William R. Ellison (et al. 2012-1525 SHERIFF'S RETURN OF SERVICE 10/10/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Teresa L. Ellison, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 10/15/2012 10:20 AM -Dauphin County Return: And now October 15, 2012 at 1020 hours I, Jack l_otwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Teresa L. Ellison by making known unto herself personally, at 564 Walton Avenue, #E, Hummelstown, Pennsylvania 17036 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.45 October 22, 2012 SO ANSWERS, ~Y RONI~f R ANDERSON, SHERIFF Shelle~ Ruh1 Real Esta e Depur,~ Matthew L. Owens Solicitor ;:^~: ~~ Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W~. Rinehart ,assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin BANK OF AMERICA, N.A. SiB/M/T BAC HOME LOANS SERVICING, LP. ET AL VS 'TERESA L. ELLISON Sheriff s Return No. 2012-T-2712 OTHER COUNTY NO. 2012-1525 And now: OCTOBER 15, 2012 at 10:20:00 AM served the within REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE upon TERESA L. ELLISON by personally handing tc~ TERESA L. ELLISON 1 true attested copy of the original REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 564 WAI.,TON AVENUE, # E HUNIMELSTOWN PA 17036 Sworn and subscribed to before me this 16TH day of October,, 2012 ~~~~ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public Cit} of Harrisburg, Dauphin County M Commission Ex ices Au ust 17, 2014 So Answers,! Sheriff o auphin nty, Pa. De Sheriff Deputy: J FRUHWIRTH Sheriff s Costs: $49.25 10/ 12; 2012 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 rte, KEVIN T.MCQUAIL,ESQUIRE-ID#307169 _ CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ,.CDf= ANN E. SWARTZ,ESQUIRE-ID#201926 rte- r-n JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 Q 123 South Broad Street, Suite 1400 .. p--4 Philadelphia,Pennsylvania 19109 �- A 215 790-1010 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Number 2012-1525 Civil William R.Ellison and Teresa L.Ellison Defendant AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for the Plaintiff in the within matter,hereby certifies that on the 3rd day of May, 2013, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s)as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED McCABE,WEISBERG AND CONWAY P.C. BEFORE ME THIS DAY By_ [ ]Terrence 1. McCabe,Esquire [ arc S. W sberg,Esquire OF Aay ,2013 [ ]Edward D. Conway,Esquire [ J Margaret airo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ J Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire NOTARY PUBLIC [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff Z01i1MOTIWEALTI i OF A7rliNS` ANIA NOTARIAL SEAL ANDREW SIMTKAY,NeWy PU* Ci lladelphia,PhEin. County Ccmrtllion March 15,2017 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F. RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. NO: 2012-1525 Civil William R.Ellison and Teresa L.Ellison Defendants AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at I 1 Silver Spring Road,Mechanicsburg,Pennsylvania 17050,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property is attached hereto. 1. Name and address of Owners or Reputed Owners Name Address William R.Ellison 12 A Ridgeland Lane Apartment T2 Camp Hill,Pennsylvania 17011 Teresa L.Ellison 546 Walton Avenue#E Hummelstown,Pennsylvania 17036 2. Name and address of Defendants in the judgment: Name Address William R. Ellison 12 A Ridgeland Lane Apartment T2 Camp Hill,Pennsylvania 17011 Teresa L.Ellison 546 Walton Avenue#E Hummelstown,Pennsylvania 1.7036 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 Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenants/Occupants 11 Silver Spring Road Mechanicsburg,Pennsylvania 17050 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department'of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street,Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S. Dept.of Justice,Rm 4400 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 United States of America c/o U.S.Dept.of Justice,Rm 5 111 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 8. Name and address of Attorney of record: Name Address None 1 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. Section 4904 relating to unsworn falsification to authorities. May 3,2013 McCABE, E71SBERG AND CONWAY P.C. DATE BY: TerTen4e J.McCabe,Esquire [ Q4-arc S.Wei erg,Esquire Edward D. Conway,Esquire [ Margaret Gairo,Esquire Andrew L.Markowitz, Esquire [ Heidi R. Spivak,Esquire Marisa J.Cohen,Esquire [ Kevin T.McQuail,Esquire Christine L.Graham,Esquire [ Brian T.LaManna,Esquire Ann E.Swartz,Esquire [ Joseph F.Riga,Esquire Joseph 1. Foley,Esquire [ Celine P.DerKrikorian,Esquire Attorneys for Plaintiff McCABE,WEISBERG AND CONWAY, P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Bank of America,N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. William R.Ellison and Teresa L.Ellison Number 2012-1525 Civil Defendants DATE:May 3,2013 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS:William R.Ellison and Teresa L.Ellison PROPERTY: 11 Silver Spring Road,Mechanicsburg,Pennsylvania 17050 IMPROVEMENTS:Residential Dwelling JUDGMENT AMOUNT: $134,750.80 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on June 5,2013 at 10:00 a.m.in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on,and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty(30)days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10)days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien,we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. "t I Check type of mail or service: Nawvc ,nd Address of Sender "D Certified 0 Recorded Delivery(International) r U.S.POSTAGE>>PITNEY BOWES McCabe,Weisberg and Conway,P.C. 0 COD O Registered r g�Vd Y 123'S.BroadSt.,Suite2080 DeliveryConfirtnation ❑RetumReceiptforMerchandse Philadelphia,PA 19109 0 r�Mal OSignatureConfimation ATTN: S. Wiltbanks G 1 -' ZIP 19109 Line article Neer y 02 11^1 � 016.800 n 0001377494 MAY 03. 2013 1 Bank of America,N.A. Tenants/Occupants �b1 pda� Plaintiff 11 Silver Spring Road 37111 Mechanicsburg,Pennsylvania 17050 V. William R.Ellison and Teresa L. Ellison Defendants 2 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN: Dan Richard 3 Commonwealth of Pennsylvania Inheritance Tax Office 110 North 8"'Street Suite#204 Philadelphia,PA 19107 4 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor,Strawberry Square Department#280601 Harrisburg,PA 17128 5 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O.Box 8486 Harrisburg,PA 17105-8486 6 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg,PA 17128-1230 7 PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 Harrisburg PA 171.28-0948 8 Commonwealth of Pennsvlvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg.PA 17128-1230 United States of America Internal Revenue Service Technical Suaaort Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 10 Domestic Relations Cumberland County P.O.Box 320 Carlisle,PA 17013 11 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue,Ste.311 Scranton,PA 18503 12 United States of America c/o United States Attorney for the 2010-5387 District of PA Harrisburg Federal Building&Courthouse 228 Walnut Street,Ste.220 Harrisburg,PA 17108-1754 13 United States of America c/o Attv General of the United States U.S.Dent of Justice.Room 5111 950 Pennsvlvania Avenue NW Washington,DC 20530-0001 14 United States of America c/o Attv General of the United States U.S.Dent of Justice.Room 4400 950 Pennsylvania Avenue NW Washington,DC 20530-0001 Total Number of Pieces Total Number of Pieces Listed by Sender Received at Post Office 14 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG,ESQUIRE-ID# 17616 Attorneys for Plaintiff EDWARD D.CONWAY,ESQUIRE -ID#34687- MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 C-- MARISA J.COHEN,ESQUIRE-ID#87830 T KEVIN T.MCQUAIL,ESQUIRE-ID#307169 =rn CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 CD C:) ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 C:) Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Number 2012-1525 Civil William R.Ellison and Teresa L.Ellison Defendant AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for the Plaintiff in the within matter,hereby certifies that on the 8th day of May, 2013, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s)as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED McCABE,WEISj3ERG AND CONWAY,P.C. BEFORE ME THIS I -DAY By: Terrence J.McCabe,Esquire Marc S.Weisberg,Esquire OF 14 LIU 2013 Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire Marisa J.Cohen,Esquire [ ]Kevin T.McQuail,Esquire aumw Christine L.Graham,Esquire [ I Bri n T LaManna,Esquire '3 Ann E. Swartz,Esquire J eph F.Riga,Esquire NOTAY PUBLIC 5YLVANIA Joseph I.Foley,Esquire lij C(3MMONWEALT114 OF PENNa �/Cesline P.DerKrikorian,Esquire A A NOTARI L SEAL Attorneys for Plaintiff 0 Allyson=Marcitnidewicz-Notary Public _i City of Philadelplaia,Philadelphia County My COMMISSION EXPIRES OCT.27,2015 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. NO: 2012-1525 Civil William R.Ellison and Teresa L.Ellison Defendants AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 11 Silver Spring Road,Mechanicsburg,Pennsylvania 17050,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property is attached hereto. 1. Name and address of Owners or Reputed Owners Name Address William R.Ellison 12 A Ridgeland Lane Apartment T2 Camp Hill,Pennsylvania 17011 Teresa L.Ellison 546 Walton Avenue#E Hummelstown,Pennsylvania 17036 2. Name and address of Defendants in the judgment: Name Address William R.Ellison 12 A Ridgeland Lane Apartment T2 Camp Hill,Pennsylvania 17011 Teresa L.Ellison 546 Walton Avenue#E Hummelstown,Pennsylvania 17036 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 Plaintiff herein , 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address Silver Spring Township Authority S Willow Mill Park Road Suite#3 Mechanicsburg PA 17050 Dietterick Scott A PO Box 650 James Smith ET AL Hershey PA 17033 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenants/Occupants I 1 Silver Spring Road Mechanicsburg,Pennsylvania 17050 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 811 Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue,Ste.311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street, Ste. 220 Harrisburg,PA 17108-1754 United States of America c/o U.S. Dept.of Justice;Rm 4400 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 United States of America c/o U.S.Dept. of Justice,Rm 5111 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 8. Name and address of Attorney of record: Name Address None 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. Section 4904 relating to unsworn falsification to authorities. MU 8,2013 McCABE,WEISBERG AND CONWAY,P.C. DATE r BY: a6�tl /10, [ ] Terrence J.McCabe,Esquire [ ]Marc S. Weisberg,Esquire [ ]Edward D. Conway, Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ )Marisa J. Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ ]Christine L. Graham,Esquire [ ]Brian T.LaManna,Esquire [ J Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ )Joseph I.Foley,Esquire kTCeline P.DerKrikorian,Esquire Attorneys for Plaintiff Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Number 2012-1525 Civil William R.Ellison and Teresa L.Ellison Defendant McCABE,WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-1D# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORTAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. William R.Ellison and Teresa L.Ellison Number 2012-1525 Civil Defendants DATE: May 8,2013 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: William R.Ellison and Teresa L.Ellison PROPERTY: I I Silver Spring Road,Mechanicsburg,Pennsylvania 17050 IMPROVEMENTS:Residential Dwelling JUDGMENT AMOUNT:$134,750.80 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on June 5,2013 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square,Carlisle,Pennsylvania 17013.Our records indicate that you may hold a mortgage or judgments and liens on,and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty(30)days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10)days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien,we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. Check type of mail or service: •; ^' *�«. Nw.rP Name.and-Address of Sender 0 Certified D RaobrdedLh-Jrvery:[rtemationnl) McCabe,Weisberg and Conway,P.C. 0 COD n Registered 123 S.Broad St.,Suite 2080 El Delivery Confinnation 0 Return Receipt for Merchandise U•S•PC)STAGE,»P►TNEY$OWES Philadelphia,PA 19109 0FVressMail 0 Signature Confirmation ATTN:S.Wiltbanks-61165 Olnsuredw/ ` ZIP 19109 $ 2.4 °. s Vro Article Number Postage j 02 1 V X0 00 V 0 � F 08. 2013 1 Bank of America,N.A. Silver Spring Township Authority 000137.7494 MAY. Plaintiff S Willow Mill Park Road Suite#3 g SZA�j V. Mechanicsburg PA 17050 �� 2 William R.Ellison and Teresa L. Ellison ;I -$ Defendants _ o 2 Dietterick Scott A 19 James Smith ET AL �PHIA' PO Box 650 1 Hershey PA 17033 Total Number of Pieces Total Number of Pieces Listed by Sender Received at Post Office 2 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET CAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 r-n rrt KEVIN T.MCQUAIL,ESQUIRE-ID#307169 1-9 70 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 r1a :70�� BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 -C75 JOSEPH F.RIGA,ESQUIRE-ID#57716 = =C) (D(" JOSEPH 1.FOLEY,ESQUIRE-ID#314675 5;c= —if'l CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Number 2012-1525 Civil William R.Ellison and Teresa L.Ellison Defendant AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for the Plaintiff in the within matter,hereby certifies that on the 3 1 th day of May, 2013, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s)as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED McCABE,WEISBERG D CONWAY,P.C. BEFO THIS DAY BY: Terrence J.McCabe,Esquire (-fMarc S. Weisberg,Esquire OF >200 1 Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire Marisa J.Cohen,Esquire [ ]Kevin T.McQuail,Esquire Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire NOTARY PUBLIC Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire Joseph 1.Foley,Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff it McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID 9 57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. NO: 2012-1525 Civil William R.Ellison and Teresa L.Ellison Defendants AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 11 Silver Spring Road,Mechanicsburg,Pennsylvania 17050,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property is attached hereto. 1. Name and address of Owners or Reputed Owners Name Address William R.Ellison 12 A Ridgeland Lane Apartment T2 Camp Hill,Pennsylvania 17011 Teresa L.Ellison 564 Walton Avenue,#E Hummelstown,Pennsylvania 17036 2. Name and address of Defendants in the judgment: Name Address William R.Ellison 12 A Ridgeland Lane Apartment T2 Camp Hill,Pennsylvania 17011 Teresa L.Ellison 564 Walton Avenue,#E Hummelstown,Pennsylvania 17036 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 Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address Silver Spring Township Authority S Willow Mill Park Road Suite#3 Mechanicsburg PA 17050 Dietterick Scott A PO Box 650 James Smith ET AL Hershey PA 17033 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenants/Occupants I I Silver Spring Road Mechanicsburg,Pennsylvania 17050 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8'h Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue, Ste.311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street,Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept.of Justice,Rm 4400 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 United States of America c/o U.S.Dept.of Justice,Rm 5111 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 8. Name and address of Attorney of record: Name Address None 1 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. Section 4904 relating to unswom falsification to authorities. May 31,2013 McCABE,WEISBERG AND CONWAY,P.C. DATE BY: --YVUUA I/ iN Terrence J.McCabe,Esquire S.Weis, erg,Esquire Edward D.Conway,Esquire Margaret Gairo,Esquire Andrew L.Markowitz,Esquire Heidi R. Spivak,Esquire Marisa J. Cohen,Esquire Kevin T.McQuail,Esquire Christine L.Graham,Esquire Brian T.LaManna,Esquire Ann E. Swartz,Esquire Joseph F.Riga,Esquire Joseph I.Foley,Esquire Celine P.DerKrikorian,Esquire Attorneys for Plaintiff Bank of America,N.A.vs. William R.Ellison and Teresa L.Ellison Cumberland County,No.2012-1525 Civil McCABE, WEISBERG AND CONWAY,P.C. J BY- TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. William R.Ellison and Teresa L.Ellison Number 2012-1525 Civil Defendants ti DATE:May 31,2013 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: William R.Ellison and Teresa L.Ellison PROPERTY: I I Silver Spring Road,Mechanicsburg,Pennsylvania 17050 IMPROVEMENTS:Residential Dwelling JUDGMENT AMOUNT: $134,750.80 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on June 5,2013 at 10:00 a.m.in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013.Our records indicate that you may hold a mortgage or judgments and liens on,and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty(30)days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10)days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien,we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. Check,n• e of mail or service: Naznr,--nd Address of Sender 'j R—d D-1. arr..'%n P3, �Vd McCabe,Weisberg and Conway,P.C. 0 coo 123�.Broad St.Suite 2080 C3 (3 ft.n=Ra6pt E3 0 siv��C Philadelphia,PA 19109 —Mo ATTN- S.Wiltbanks 0 I c� Anick N—b= I Bank of America,N.A. Tenants/Occupants Plaintiff 11 Silver Spring Road Mechanicsburg,,Pennsylvania 17050 V. William R,Ellison and Teresa L. Ellison Defendants 2 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard 3 Commonwealth of Pennsylvania Inheritance Tax Office 110 North 8"Street Suite#204 Philadelphia,PA 19107 4 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor,Strawberry Square Department#280601' Harrisburg,PA 17128 5 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O.Box 8486 Harrisburg,PA 17105-8486 6 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 .7 PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 Harrisburg PA 17128-0948 8 Commonwealth of Pennsvlvania Department of Revenue Bureau of Compliance Clearance Suvoort Department 281230 ? United States of America Internal Revenue Service Technical SUDDort GrouD William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 10 Domestic Relations Cumberland County P.O.Box 320 Carlisle,PA 17013 11 United States of America C/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue,Ste.311 Scranton,PA 18503 12 United States of America clo United States Attorney for the 2010-5387 District of PA Harrisburg Federal Building&Courthouse 228 Walnut Street,Ste.220 Harrisburg,PA 17108-1754 13 United States of America c/o Attv General of the United States U.S.Dent of Justice,Room 5111 950 Pennsylvania Avenue NW Washington,DC 20530-0001 14 United States of America c/o Atty General of the United States U.S.Dent of Justice.Room 4400 950 Pennsylvania Avenue NW Washington,DC 20530-0001 Total Number of Pieces Total Number of Pieces Listed by Studer Received at Post Office 14 I u� _ Check type of mail or service:-. .--..c.,..,.. ame and Address of Sender a'=C+5ed ❑P,—XW&iD,aiv-,y[u nacime'i IcCabe,Weisberg and Conway,P.C. 0 COD J Re&wed U.S.POSTAGE},�PCfMEYgpWEc 23 S.Broad St.,Suite 2080 rvery Ca�nnarioa Rnum Rece pt for Merdxd se ,ti hiladelphia,PA 19109 ate`=Mail 0 Sw eCoifuum 1 .TTN:S.Wiltbanks-61165 s ' ` ZIP 19109 It. Adak Numbs p°"'s` 02 RV ��2. ®0 f 0001.377494 MAY 00. 2013 1 Bank of America,N.A. Silver Spring Township Authority Plaintiff S Willow Mill Park Road Suite#3 Esrarc�. V. Mechanicsburg PA 17050 0 '` William R.Ellison and Teresa L. j X83 Ellison I Defendants 2 Dietterick Scott A James Smith ET AL PO Box 650 ` Hershey PA 17033 rotal Number of Pieces Total Number of Pieces Listed by Sender Received at Post Office 2 0 °+`K^'^''i.a`�• .r ++«- 'j r ..�. �,r, •r .,.�b � •�"w+�tis.., :M+,+..iiN+.- +-t!wiJ.j�,.+.."+�Atia._•.r.,�.. '�'{y- � McCABE,WEISBERG&CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 c MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 w c HEIDI R.SPIVAK,ESQUIRE-ID#74770 ; 10 T MARISA J.COHEN,ESQUIRE-ID#87830 r- N CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 <c =', =- ANN E. SWARTZ,ESQUIRE-ID#201926 x' -� - JOSEPH F.RIGA,ESQUIRE-ID#57716 c -- t JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. s/b/m/t BAC Home Loans CUMBERLAND COUNTY Servicing, LP f/k/a Countrywide Home Loans COURT OF COMMON PLEAS Servicing LP Plaintiff No. 2012-1525 Civil v. William R.Ellison and Teresa L.Ellison Defendants MOTION TO ADJOURN SHERIFF'S SALE Plaintiff,Bank of America,N.A.s/b/m/t BAC Home Loans Servicing,LP f/k/a Countrywide Home Loans Servicing LP, by and through its attorneys, McCabe Weisberg and Conway, P.C., moves this Honorable Court for an Order adjourning the Sheriffs Sale scheduled for and avers as follows: 1. Plaintiff filed a Writ of Execution,as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 11 Silver Spring Road, Mechanicsburg, PA 17050 for Sheriffs Sale originally scheduled for June 5,2013. 2. Plaintiff has postponed the Sheriffs Sale to the fullest extent permitted without requesting leave from the Court,and is now requesting that this Honorable Court allow the sale currently scheduled for October 2,2013 to be postponed further until December 4,2013 as service of the Notice of Sale is pending upon Defendant. 3. Plaintiff has complied with all the pertinent statutory and procedural rules of court governing the listing of real property for Sheriffs Sale. 4. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriffs Sale . 5. This case has not been previously assigned to the a Judge. 6. The Defendant is unrepresented by counsel and the Plaintiff has no means to seek concurrence in the instant motion except by mail. WHEREFORE,Plaintiff prays that this Honorable Court grant an Order adjourning the Sheriffs Sale of the property known as 11 Silver Spring Road, Mechanicsburg,PA 17050 to the December 4,2013 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set finth in the Affidavit Pursuant to Pa.R.C.P.3129 being required,except for an announcement be made at the sale currently scheduled for October 2,2013, MCCABE,WEISBERG&CONWAY,P.C. BY: ed-f/te. „(:) 4a/6_71 [ 1 TERRENCE J.McCABE,ESQUIRE [ ]MARC S.WEISBERG,ESQUIRE [ ]EDWARD D.CONWAY,ESQUIRE [ ]MARGARET GAIRO,ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ 11E1131 R.SPIVAK,ESQUIRE [ ]MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GRAHAM,ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE [ ]ANN E.SWARTZ,ESQUIRE [ ]JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH I.FOLEY,ESQUIRE CELINE P.DERKRIKOR1AN,ESQUIRE - Attorneys for Plaintiff ,athan?"-squire .-01.11°1°°111"Local sel/for Plaintiff Wolf Wolf,Attorneys at Law 10 West iligh Street Carlisle,PA 17013-2922 McCABE,WEISBERG&CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A.s/b/m/t BAC Home Loans CUMBERLAND COUNTY Servicing,LP f/k/a Countrywide Home Loans Servicing COURT OF COMMON PLEAS LP Plaintiff No.2012-1525 Civil v. William R.Ellison and Teresa L.Ellison Defendants MEMORANDUM OF LAW Plaintiff requested that the Sheriffs Sale originally scheduled for June 5,2013 in this matter be continued for the legally allowable time without requesting the postponement from the Court. Plaintiff at this time requests that the Sheriffs Sale set for October 2,2013 be adjourned to December 4,2013 as service of the Notice of Sale is pending upon Defendant. Pursuant to Pa.R.C.P.3129.3,the Court has the discretion to adjourn a Sheriffs Sale and dispense the requirement of new notice. WHEREFORE,Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 11 Silver Spring Road, Mechanicsburg,PA 17050 be adjourned to the December 4,2013 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P.3129 being required,except that an announcement be made at the sale currently scheduled for October 2,2013. MCCA:E, EISBER & gI NW Y,P.0 BY: : I [ )T' ENCE J.McCAB ,ES•U E [ ]MARC S.WEISBERG,ESQUIRE [ ]EDWARD D.CONWAY,ESQUIRE [ ]MARGARET GAIRO,ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK,ESQUIRE; [ ]MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GRAHAM,ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE [ ]ANN E.SWARTZ,ESQUIRE A ]JOSEPH F.RIGA,ESQUIRE [ ]JO -']I I.FOLEY,ESQUIRE CELINE P.DERKRIKORIAN,ESQUIRE Attorneys for Plaintiff /. — -----_-- lath. %' •uire Local. .. sel for Plaintiff Wolf&Wolf,Attorneys at Law 10 West High Street Carlisle,PA 17013-2922 _ .„.... . , . . . ,. VERIFICATION The undersigned hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative,who is out ofjurisdiction and not available to sign this verification at this time,are true and correct to the best of he/she knowledge,inlbrmation and belief and further states that false statements herein are made subject to the penalties of1/1 PA.C.S.§4904 relating to unswom falsification to authorities. MCCABE,WEISBERG&CONWAY,P.C. , BY: (1,4144.4t,, 4" be4 6- 4 rkt110/vi / [ ]TERRENCE J.MCCABE,ESQUIRE [ ]MARC S.WEISBERG,ESQUIRE [ 3 EDWARD D.CONWAY,ESQUIRE [ ]MARGARET GAIRO,ESQUIRE [ 3 ANDREW L MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK,ESQUIRE • [ ]MARISA J.COHEN,ESQUIRE - [ 3 CHRISTINE,L GRAHAM,ESQUIRE [ ]BRIAN T.-LAMANNA,ESQUIRE [ ]ANN E.SWARTZ,ESQUIRE 1 [ IG JOSEPH F.RA,ESQUIRE [ ]JO., PH I.FOLEY,ESQUIRE CELINE P.DERKRIKORIAN,ESQUIRE • Attorneys for Plaintiff / ... i, a § ',Esquire I., . unsel for Plaintiff o &Wolf,Attorneys at Law 10 West High Street Carlisle,l'A 17013-2922 Bank of America,N.A.s/b/m/t BAC Home Loans Servicing,LP f/k/a.Countrywide home Loans Servicing 1..1 v.William R.Ellison and Teresa L.Ellison Cumberland County;Number:2012-1525 Civil MCCABE,WEISBERG&CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Bank of America,NA.s/b/m/t BAC Home Loans Servicing,LP CUMBERLAND COUNTY f/k/a Countrywide Home Loans Servicing LP COURT OF COMMON PLEAS Plaintiff v. No.2012-1525 Civil William R.Ellison and Teresa L.Ellison Defendants CERTIFICATION OF SERVICE The undersigned attorney for Plaintiff;hereby certifies that 1 served a true and correct copy of the foregoing Motion To Postpone Sheriffs Sale,by United States Mail,first class,postage prepaid,on the 24th day of September,2013.upon the lbllowing: William R.Ellison Teresa L.Ellison 12 A Ridgeland Lane 564 Walton Avenue lIE Apartment T2 Hummelstown,PA, 17036 Camp Hill,PA, 17011 MCCABE,WEISBERG&CONWAY,P.C. BY: 14,4 J . ,TERRENCE J.McCABE,ESQUIRE [ ]MARC S.WEISBERG,ESQUIRE EDWARD D.CONWAY,ESQUIRE [ ]MARGARET GAIRO,ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK,ESQUIRE ]MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GRAIIAM, ESQUIRE ]BRIAN T.LAMANNA,ESQUIRE [ ]ANN E.SWARTZ,ESQUIRE JOSEPH F.RIGA,ESQUIRE JOSEPH I.FOLEY,ESQUIRE ]CELINE P.DERKRIKORIAN,ESQUIRE Attorneys for Plaintiff I Bank of America,N.A. s/b/m/t BAC Home Loans CUMBERLAND COUNTY Servicing,LP f/k/a Countrywide Home Loans COURT OF COMMON PLEAS Servicing LP Plaintiff No.2012-1525 Civil V. William R.Ellison and Teresa L.Ellison i Defendants i ORDER AND NOW,this -W;z day of ,2013,upon consideration of Plaintiffs i Motion to Adjourn the Sheriffs Sale currently scheduled in the above-captioned matter for October 2,2013, it is hereby ORDERED that the Sheriffs Sale of the property known as 11 Silver Spring Road, Mechanicsburg,PA 17050 is adjourned to the December 4,2013 Sheriffs Sale. It is FURTHER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. BY THE COURT: c4 Distribution: a ' 'Ile William R.Ellison 8 » 12 A Ridgeland Lane Apartment T2 �I „Qti »p w7,rs Camp Hill,PA, 17011 Q x' —3 --4 C Teresa L.Ellison 564 Walton Avenue#E Hummelstown,PA, 17036 C7 t r} G ✓McCabe,Weisberg&Conway 7o q T� 3> 123 South Broad Street,Suite 1400 Philadelphia,PA 19109 j Office of the Sheriff - ire bir I i i McCABE, WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ, ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 x ; 123 South Broad Street,Suite 1400 , t Philadelphia,Pennsylvania 19109 .�` - (215)790-1010 u Bank of America,N.A. s/b/m/t BAC Home Cumberland County , --a c" '- Loans Servicing, LP f/k/a Countrywide Home Court of Common Pleas " Loans Servicing LP Plaintiff Number 2012-1525 Civil v. William R. Ellison and Teresa L. Ellison Defendants MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, William R. Ellison and Teresa L. Ellison, at his/her last-known address of 11 Silver Spring Road, Mechanicsburg, Pennsylvania 17050. The process server was not able to serve the Defendant because property is vacant. Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, William R. Ellison, at his/her last-known address of 12A Richland Avenue, Apt. T2, Camp Hill, Pennsylvania 17011. The process server was not able to serve the Defendant because current resident stated that defendant is unknown. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit"A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430,Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendants and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B". 3. As a result of the investigation,a special Order of Court is required permitting service by regular and certified mail at the Defendants' last-known address and by posting a copy of the original process on the mortgaged premises. 4. No judge has ruled upon any other issue in this matter or in any related matter. 5. No attorney has entered an appearance in this matter on behalf of Defendants and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. 6. If service cannot be made on the Defendants, William R. Ellison and Teresa L. Ellison,the Plaintiff will be prejudiced. WHEREFORE,Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Notice of Sheriffs Sale of Real Property upon the Defendants, William R. Ellison and Teresa L.Ellison,by regular mail;certified mail,return receipt requested,and by posting at the last- known address of Defendants and the mortgaged premises known in this herein action as 11 Silver Spring Road, Mechanicsburg, Pennsylvania 17050. McCABE,WEISB G AND CONW Y,P.C. . BY: 44LAA 1/ [ ]Terrence J.McCabe,Esquire [ arc S. Weisberg, squire [ ]Edward D. Conway,Esquire [ ] Margaret Gairo, Esquire [ ]Andrew L.Markowitz,Esquire [ ] Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ]Christine L. Graham, Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph I. Foley, Esquire [ ] Celine P.DerKrikorian, Esquire Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE, ESQUIRE-ID#16496 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. s/b/m/t BAC Home Cumberland County Loans Servicing, LP f/k/a Countrywide Home Court of Common Pleas Loans Servicing LP Plaintiff Number 2012-1525 Civil v. William R. Ellison and Teresa L. Ellison Defendants MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. McCABE,WEISBERG AND CONWAY,P.C. BY: �//--)//// [ ]Terrence J. McCabe,Esquire [ arc S. Weisberg, Esquire [ ]Edward D. Conway,Esquire [ ]Margaret Gairo, Esquire [ ]Andrew L.Markowitz,Esquire [ ] Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ] Christine L. Graham, Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz, Esquire [ ]Joseph F. Riga, Esquire [ ] Joseph I. Foley, Esquire [ ] Celine P. DerKrikorian,Esquire Attorneys for Plaintiff McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff *-1 BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. s/b/m/t BAC Home Cumberland County Loans Servicing, LP f/k/a Countrywide Home Court of Common Pleas Loans Servicing LP Plaintiff Number 2012-1525 Civil v. William R. Ellison and Teresa L. Ellison Defendants CERTIFICATION OF SERVICE The undersigned attorney for the Plaintiff hereby certifies that he/she served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the th day of November, 2013, upon the following: William R. Ellison and Teresa L. Ellison 11 Silver Spring Road Mechanicsburg, Pennsylvania 17050 William R. Ellison 12A Richland Avenue Apt. T2 Camp Hill, Pennsylvania 17011 McCABE, WEISBERG A N' W ,P.C. !� �U/ BY: [ ] Terrence J.McCabe,Esquire [ Marc S. Weisberg,Esquire [ ]Edward D. Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ]Christine L. Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph I. Foley, Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of this jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE,WEISBERRG AND CONWAY,P.C. BY: �'� 1 Ce/\ C CZ/ [ ]Terrence J.McCabe,Esquire [ arc S. Weis erg, Esquire [ ]Edward D. Conway,Esquire [ ]Margaret Gairo, Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ] Christine L. Graham, Esquire [ ]Brian T.LaManna,Esquire [ ] Ann E. Swartz, Esquire [ ]Joseph F.Riga,Esquire [ ] Joseph I. Foley, Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff Bank of America,N.A. s/b/m/t BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP v.William R.Ellison and Teresa L.Ellison Cumberland County;CCP;Number 2012-1525 Civil File Number: 61165 r i/( `-) r• Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.: 2012-1525 Civil AFFIDAVIT OF SERVICE Bank of America,N.A. vs. William R.Ellison and Teresa L.Ellison Commonwealth of Pennsylvania County of Dauphin ss. I,Michael B.Reneker,a competent adult,being duly sworn according to law,depose and say that at 5:30 PM on 04/18/2013,I non—served Teresa L.Ellison at 11 Silver Spring Road,Mechanicsburg,PA 17050 in the manner described below: a true and correct copy of Notice of Sheriffs Sale of Real Property issued in the above captioned matter. Comments/Prey.Attempts:The provided address is vacant with a notice posted to the premises. Sw n to and sub i ed before me on this Michael B. Reneker (U day of n (l 2011. AOSS 1 Huntington Quadrangle, Suite 2504 /1/6"/ Melville, NY 11747 (516) 284-5850 NOTARY COMMONWEALTH OF PENNSYLVANIA Atty File#: 78092 - Our Filet 25863 NOTARIAL SEAL Kathryn S.Fogle,Notary Public Lower Paxton Twp,Dauphin County My commission expires August 13,2016 78092 a` Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.: 2012-1525 Civil AFFIDAVIT OF SERVICE Bank of America,N.A. vs. William R.Ellison and Teresa L.Ellison Commonwealth of Pennsylvania County of Dauphin ss. I,Michael B.Reneker,a competent adult,being duly sworn according to law,depose and say that at 5:30 PM on 04/18/2013,I non—served William R.Ellison at 11 Silver Spring Road,Mechanicsburg,PA 17050 in the manner described below: a true and correct copy of Notice of Sheriff's Sale of Real Property issued in the above captioned matter. Comments/Prey. Attempts:The provided address is vacant with a notice posted to the premises. S ° n to and sub cribed before me on this Mic ael B. Reneker �L rd day of � n i — 20�'�. AOSS lkg 1 Huntington Quadrangle, Suite 2SO4 Melville, NY 11747 Kal�(�fi (516) 289-5850 NOTARY PUB-KC 1,COMMONWEALTH OFPENNSYLVANIA Atty File#: 78088 - Our File# 25862 NOTARIAL SEAL Kathryn S.Fogle,Notary Public Lower Paxton Twp,Dauphin County M commission ex 4 Tres Au lust 13,2016 78088 l Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.: 2012-1525 Civil AFFIDAVIT OF SERVICE Bank of America,N.A. vs. William R.Ellison and Teresa L.Ellison Commonwealth of Pennsylvania County of Dauphin as. I,Michael B.Reneker,a competent adult,being duly sworn according to law,depose and say that at 10:50 AM on 09/13/2013,I non—served William R.Ellison at 12A Richland Lane,Apartment T2,Camp Hill,PA 17011 in the manner described below: a true and correct copy of Notice of Sheriff's Sale of Real Property issued in the above captioned matter. Comments/Prey.Attempts: 09/13/2013 at 10:50 AM—The current resident since April 2013,Miss Hartman,a white female with white hair, 65 years of age,5'06",165 lbs.stated the subject is unknown. Sworn to and subscribed before me on this Mic ael B. Reneker (0..4_ day of 5 , 2012. AOSS / 1 Huntington Quadrangle, Suite 2SO4 Melville, NY 11747 (516) 284-5850 NOTARY,'UBLI C 1 Atty File#: 134552 - Our File# 28094 ' OMMONWEALTH OF PENNSYLVANIA Notarial Seal John F.Shinkowsky,Notary Public Lower Paxton Twp.,Dauphin County My Commission Expires Sept.28,2014 Member.Pennsylvania Association of Notaries • • 134552 • AFFIDAVIT OF GOOD FAITH INVESTIGATION I 111111 11111 VIII 11111 VIII 1111 1111 *74159* File#:234-7130PA Subject: William Ellison Last-known Address: 11 Silver Spring Rd,Mechanicsburg,PA 17050 STATE OF NEW YORK har COUNTY OF SUFFOLK ss.: . Susan Farbizio,the undersigned,being duly sworn,deposes and says that I am over the age of eighteen and not a party to this action.I reside in the STATE OF NEW YORK. On 04/11/2013,I completed a good faith investigation into the whereabouts of the William Ellison at the last-known/property address indicated below and the extent of the investigation and the results are as follows: Investigation Date Remarks Inquiries • 04/11/2013 PROPERTY 11 Silver Spring Rd Mechanicsburg,PA 17050 ADDRESS: INQUIRY OF LOCAL Directory Assistance:Search was unable to 04/11/2013 TELEPHONE locate a telephone listing for the subject. COMPANY: Search results provided 12 RICHLAND LN 04/11/2013 INTERNET SEARCH: APT T2 CAMP HILL PA 17011-2500,as an alternate address. • 04/11/2013 DEATH RECORDS: Social Security Death Index Search was unable to locate a death record for the subject. 04/11/2013 LOCAL TAX Search was unable to confirm a mailing address RECORD INOUIRY: for the above stated property address. • The information set forth in this Affidavit of Good Faith Investigation is true and correct.to the best knowledge,information and belief. • rn to .nd ubscribed befpre me on X �/, ,20 Susan Farbizio Attorney Outsourcing Support '-vices,Inc. 1 Huntington Quadrangle,Suite SO4 /Ina/7 Me1vi11e,NY 11747 ublic, N Coni1 ;sIL l(:.;: rib; .ii•uaiy Free People Search I WhitePages Page 1 of 1 • WhitePages • First name (William • * Last name ! Ellison • City, State or ZIP !Mechanicsburg PA i Submit Query William R Ellison Claim & Edit Save Address to Mailer 11 Silver Spring Rd Mechanicsburg, PA 17050-2855 Age: 65+ Run • ,T 45` -Potto ZOO Won ZOO HAWN AND n �{ r' �r1•" 1 Loading... View My Mailer © 2013 WhitePages Inc. - Privacy Policy and Terms of Use http://www.whitepages.com/name/William-R-Ellison/Mechanicsburg-PA/1iy4dx8 4/11/2013 Page 1 of 3 jlRBsearch Person Search Results Records: 1 to 25 of 28 Search Terms Used - SSN: 448723531; Result Page: 1 2 a All Full Name Age/DOB Address Dates Phone Information 1 WILLIAM R ELLISON 45 12 RICHLAND LN APT T2 Dec 11-Mar 13 Gender:Male Aug xx,1967 CAMP HILL PA 17011-2500 448-72-xxxx LexID:744790711 We Also Found: Cl Property Records ❑ Email Address 2. WILLAIM ELLISON 45 12 RICHLAND LN APT 12 Dec 11-Jan 13 Gender:Male • Aug xx,1967 CAMP HILL PA 17011-2500 448-72-xxxx LexID:744790711 3. WILLIAM R ELLISON 45 2746 SPRING MEADOW DR Apr 11-May 12 FORD GREGORY Gender:Male Aug xx,1967 WARRINGTON PA 18976-2085 448-72-xxxx LexID:744790711 4. WILLIAM RODNEY 45 11 SILVER SPRING RD Dec 00-May 12 ELLISON Aug xx,1967 MECHANICSBURG PA 17050-2855 Gender:Male 448-72-xxxx LexID:744790711 5. WILLAIM ELLISON 45 2746 SPRING MEADOW DR Apr 11 Gender:Male Aug xx,1967 WARRINGTON PA 18976-2085 448-72-xxxx LexID:744790711 6. WILLAIM ELLISON 45 11 SILVER SPRING RD R Nov 00-Aug 10 Gender:Male Aug xx,1967 MECHANICSBURG PA 17050-2855 448.72-xxxx LexID:744790711 7 WILLAIM ELLISON 45 1045 1ST AVE APT Sep 05 Gender:Male Aug xx,1967 KING OF PRUSSIA PA 19406-1358 448-72-xxxx LexID:744790711 8. WILLIAM R ELLISON 45 1045 1ST AVE APT Sep 05 Gender.Male Aug xx,1967 KING OF PRUSSIA PA 19406-1358 448-72-xxxx LexID:744790711 9. WILLAIM ELLISON 45 PO BOX 40 Aug 02 Gender.Male Aug xx,1967 MECHANICSBURG PA 17055-0040 448-72-xxxx LexID:744790711 1 10. WILLIAM R ELLISON 45 PO BOX 40 Aug 02 Gender:Male Aug xx,1967 MECHANICSBURG PA 17055-0040 448-72-xxxx Lex ID:744790711 https://secure.accurint.com/app/bps/main 4/11/2013 Page 2 of 3 11. WILLAIM ELLISON 45 44 ROLO CT M May 97-Mar 01 Gender:Male Aug xx,1967 MECHANICSBURG PA 17055 448-72-xxxx LexID:744790711 12. WILLIAM R ELLISON 45 44 ROLO CT M May 97-Mar 01 Gender:Male Aug xx,1967 MECHANICSBURG PA 17055 448-72-xxxx LexID:744790711 13. WILLAIM ELLISON 45 3960 CHESTNUT ST Jul 97 Gender:Male Aug xx,1967 HARRISBURG PA 17109-2223 448-72-xxxx LexID:744790711 14. WILLIAM R ELLISON 46 3960 CHESTNUT ST Jul 97 Gender:Male Aug xx,1967 HARRISBURG PA 17109-2223 448-72-xxxx LexID:744790711 15. WILLAIM ELLISON 45 10 ELMWOOD BUILDING Jun 96-Aug 96 Gender.Male Aug xx,1967 MIDDLETOWN PA 17057-2512 448-72-xxxx LexID:744790711 16. WILLIAM R ELLISON 45 10 ELMWOOD BUILDING May 96-Aug 96 Gender.Male Aug xx,1967 MIDDLETOWN PA 17057-2512 448-72-xxxx LexID:744790711 17. WILLAIM ELLISON 45 2205 PINEFORD DR Jan 96 Gender:Male Aug xx,1967 MIDDLETOWN PA 17057-2622 448-72-xxxx LexID:744790711 18. WILLIAM R ELLISON 45 2205 PINEFORD DR Jan 96 Gender.Male Aug xx,1967 MIDDLETOWN PA 17057-2622 448-72-xxxx LexID:744790711 19. WILLAIM ELLISON 45 13 ROVAK DR Apr 91-Nov 95 Gender:Male Aug xx,1967 MIDDLETOWN PA 17057-5934 448-72-xxxx LexID:744790711 20. WILLIAM R ELLISON 45 13 ROVAK DR Apr 91-Nov 95 939-2340 Gender:Male Aug xx,1967 MIDDLETOWN PA 17057-5934 448-72-xxxx LexID:744790711 21. WILLIAM R ELLISON 45 1614 ROBERTS RD Gender:Male Aug xx,1967 EFFORT PA 18330-2066 448-72-xxxx LexID:744790711 22. WILLIAM R ELLISON 65 11 SILVER SPRING RD Nov 00 Gender:Male Aug,1947 MECHANICSBURG PA 17050-2855 448-72-xxxx LexID:745179524 23. WILLIAM R ELLISON 65 44 ROLO CT Nov 97 Gender:Male Aug,1947 MECHANICSBURG PA 17055 448.72-xxxx LexID:745179524 https://secure.accurint.com/app/bps/main 4/11/2013 Page 3 of 3 24. WILLIAM R ELLISON 65 3960 CHESTNUT ST Oct 82-Sep 96 Gender:Male Aug,1947 HARRISBURG PA 17109-2223 448.72-xxxx LexID:745179524 25. WILLIAM R ELLISON 65 10 ELMWOOD BUILDING BLDG May 96 Gender:Male Aug,1947 MIDDLETOWN PA 17057-2512 448-72-xxxx LexID:745179524 Records: 1 to 25 of 28 Result Page: 1 2 Your DPPA Permissible Use:Court,Law Enforcement or Government Agencies Your GLBA Permissible Use:Law Enforcement Purposes https://secure.accurint.com/app/bps/main 4/11/2013 Social Security Death Index(SSDI)Records- Social Security Death Index SSDI Records ... Page 1 of 2 Log In i Subscribe Home About Us I Help 1 Learning Center i Store Questions?Call 1-866-641-3297 More results for found In; Death Records in the Social Security Death Index Newspaper Archives (SSDI) Recent Obituaries onaimiamiewascamommerovemele. 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Last Name I?i First Name (?I Middle Initial v ? http://www.genealogybank.com/gbnk/ssdi/?lname=&fname=&minit=&birthy_0=&birthy_... 4/1 1/2013 y Social Security Death Index(SSDI)Records- Social Security Death Index SSDI Records ... Page 2 of 2 Date Information Born Between Year, s and year Died Between Year and year Last Known Residence City County State Any LJ LJ OR ZIP Code OR Non-U.S. Location Social Security Number Details State SSN Issued i Any Social Security Number;301-64-0709 Search Tips Clear Form ( Begin Search • ) Stay connected.Follow us! in the news I contact us I affiliates I privacy policy I terms of use I site map I blog http://www.genealogybank.com/gbnk/ssdi/?lname=&fname=&minit=&birthy_0=&birthy_... 4/11/2013 AFFIDAVIT OF GOOD FAITH INVESTIGATION 1111111111111111111111111111111111 *74158* File#:234-7130PA Subject: Teresa Ellison Last-known Address: 11 Silver Spring Rd,Mechanicsburg,PA 17050 STATE OF NEW YORK COUNTY OF SUFFOLK ss.: Susan Farbizio,the undersigned,being duly sworn,deposes and says that I am over the age of eighteen and not a party to this action.I reside in the STATE OF NEW YORK. On 04/11/2013,I completed a good faith investigation into the whereabouts of the Teresa Ellison at the last-known/property address indicated below and the extent of the investigation and the results are as follows: Date Investigation Remarks Inquiries 04/11/2013 PROPERTY 11 Silver Spring Rd Mechanicsburg,PA 17050 ADDRESS: INQUIRY OF LOCAL Directory Assistance: Search was unable to 04/11/2013 TELEPHONE locate a telephone listing for the subject. COMPANY: 04/11/2013 INTERNET SEARCH: Search results show the subject resides at the above stated last-known address. 04/11/2013 DEATH RECORDS: Social Security Death Index Search was unable to locate a death record for the subject. 04/1]/2013 LOCAL TAX Search was unable to confirm a mailing address RECORD INQUIRY: for the above stated property address. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best knowledge,information and belief. S&I/Y) o to d/ubscribedyel � ore me '� X 20 Susan Farbizio Attorney Outsourcing Supp r Services,Inc. 1 Huntington Quadrangle,S ite 2SO4 Melville,NY 11747 / otary Pu lic, Nriu COirh , 1.7 Teresa Ellison in Mechanicsburg,PA I White Pages Page 1 of 3 WhitePages • First name (Teresa • * Last name ) Ellison • City, State or ZIP (17050 I I Submit Query We did not find an exact match for Teresa Ellison in Mechanicsburg, PA See in map» Or search: • Last name only Additional Suggestions i. Teresa L Ellison (Age 50-54) 2. PO Box Camp Hill, PA 3. Associated people: • unknown See full listing » 1. Teresa A Olsen (Age 30-34) 2. Olde Oak Ct Mechanicsburg, PA 3. Associated people: Chad R Spittle Chad Spittle + more... See full listing. >> 1. Theresa M Ellison (Age 50-54) 2. Sedgwick St Elkridge, MD 3. Associated people: Charles E Ellison + more... See full listing » 1. Dunce Ellison (Age 30-34) 2. S 28th St Harrisburg, PA 3. Associated people: unknown http://www.whitepages.com/name/Teresa—Ellison/17050 4/11/2013 Teresa Ellison in Mechanicsburg,PA I WhitePages Page 2 of 3 See full listing » 1. Tracey A Ellison (Age 40-44) 2. Scotsdale Rd Westminster, MD 3. Associated people: Thomas D Ellison + more... See full listing » 1. Darrius Ellison 2. Norwood Ave Gwynn Oak, MD 3. Associated people: Kevin E Mattison Macherie Matthews + more... See full listing » 1. Tracy C Ellison (Age 55-59) 2. Herring Ave Tracys Landing, MD 3. Associated people: Erin Ellison + more... See full listing » 1. Teresa Wilson 2. Penn St Harrisburg, PA 3. Associated people: Michael Wilson Michael Wise + more... See full listing » 1. Teresa A Wilson (Age 55-59) 2. Spring House Rd Middletown, PA 3. Associated people: Montish Wilson Larry R Wilson + more... See full listing » 1. Teresa L Wilson (Age 40-44) http://www.whitepages.com/name/Teresa-Ellison/17050 4/11/2013 Teresa Ellison in Mechanicsburg, PA I WhitePages Page 3 of 3 2. Paulownia Ln York, PA 3. Associated people: Richard T Wilson JR Wilson + more... See full listing Loading... © 2013 WhitePages Inc. - Privacy Policy and Terms of Use http://www.whitepages.com/name/Teresa-Ellison/17050 4/11/2013 Page 1 of 3 R search Person Search Results Records: 1 to 25 of 36 Search Terms Used - SSN: 301640709; Result Page: 1 2 r► All Full Name Age/DOB Address Dates Phone Information 1. TERESA L ELLISON 65 . 11 SILVER SPRING RD R 2000-Mar 13 Gender.Female Oct xx,1957 MECHANICSBURG PA 17050-2855 301-64-xxxx LexID:743822405 We Also ❑ Property Records ❑ Business Affiliations ❑ Email Address Found: 2. TRESA L ELLISON 55 11 SILVER SPRING RD Nov 00-Aug 10 Gender:Female Oct xx,1957 MECHANICSBURG PA 17050-2855 301.64-xxxx LexID:743822405 3. TERESA LYNN RHOADES 55 11 SILVER SPRING RD Nov 00-Aug 10 Female Oct xx,1957 MECHANICSBURG PA 17050-2855 301-64-xxxx LexID:743822405 4. TERESA L ELLISON 55 PO BOX 1605 Jan 13-Mar 13 Gender:Female Oct xx,1957 CAMP HILL PA 17001-1605 301-64-xxxx LexID:743822405 5. TERESA L ELLISON 55 12 RICHLAND LN T2 Jan 13 Gender:Female Oct xx,1957 CAMP HILL PA 17011-2500 301-64-xxxx LexID:743822405 6. TRESA L ELLISON 55 PO BOX 1605 Jan 13 Gender:Female Oct xx,1957 CAMP HILL PA 17001.1605 301-64-xxxx LexID:743822405 7. TERESA LYNN RHOADES 55 PO BOX 1605 Jan 13 Gender:Female Oct xx,1957 CAMP HILL PA 17001-1605 301.64-xxxx LexID:743822405 8. TERESA LYNN RHOADES 55 12 RICHLAND LN 72 Jan 13 Gender:Female Oct xx,1957 CAMP HILL PA 17011-2500 301-64-xxxx LexID:743822405 9. TRESA L ELLISON 55 12 RICHLAND LN T2 Dec 12-Jan 13 Gender:Female Oct xx,1957 CAMP HILL PA 17011-2500 301-64-xxxx LexID:743822405 10. TERESA L ELLISON 55 564 WALTON AVE APT E Jun 12 Gender.Female Oct xx,1957 HUMMELSTOWN PA 17036.1836 301-64-xxxx LexID:743822405 https://secure.accurint.com/app/bps/main 4/11/2013 Page 2 of 3 11. TRESA L ELLISON 55 564 WALTON AVE APT E Jun 12 Gender:Female Oct xx,1957 HUMMELSTOWN PA 17036.1836 301•64-xxxx LexID:743822405 12. TERESA LYNN RHOADES 55 564 WALTON AVE APT E Jun 12 Gender:Female Oct xx,1957 HUMMELSTOWN PA 17036-1836 301-64-xxxx LexID:743822405 13. TERESA L ELLISON 55 PO BOX 40 Aug 02 Gender:Female Oct xx,1957 MECHANICSBURG PA 17055-0040 301-64-xxxx LexID:743822405 14. TRESA L ELLISON 55 PO BOX 40 Aug 02 Gender:Female Oct xx,1957 MECHANICSBURG PA 17055-0040 301•64-xxxx LexID:743822405 15. TERESA LYNN RHOADES 55 PO BOX 40 Aug 02 Gender:Female Oct xx,1957 MECHANICSBURG PA 17055-0040 301-64-xxxx LexID:743822405 16. TERESA L ELLISON 55 44 ROLO CT M May 97-2000 Gender:Female Oct xx,1957 MECHANICSBURG PA 17055 301-64-xxxx LexID:743822405 17. TRESA L ELLISON 55 44 ROLO CT May 97-Apr 99 Gender:Female Oct xx,1957 MECHANICSBURG PA 17055 301-64-xxxx LexID:743822405 18. TERESA LYNN RHOADES 55 44 ROLO CT May 97-Apr 99 Gender:Female Oct xx,1957 MECHANICSBURG PA 17055 301-64-xxxx LexID:743822405 19 TERESA L ELLISON 55 10 ELMWOOD BUILDING Jan 83•Dec 96 Gender:Female Oct xx,1957 MIDDLETOWN PA 17057-2512 301-64-xxxx LexID:743822405 20. TERESA LYNN RHOADES 55 10 ELMWOOD BUILDING Jan 83•Dec 96 Gender:Female Oct xx,1957 MIDDLETOWN PA 17057-2512 301-64-xxxx LexID:743822405 21. TRESA L ELLISON 55 10 ELMWOOD BUILDING Sep 96•Nov 96 Gender:Female Oct xx,1957 MIDDLETOWN PA 17057-2512 301-64-xxxx LexID:743822405 22. TRESA L ELLISON 55 2205 PINEFORD DR Jan 96 Gender:Female Oct xx,1957 MIDDLETOWN PA 17057.2622 301.64-xxxx LexID:743822405 23. TERESA LYNN RHOADES 55 2205 PINEFORD DR Jan 96 Gender:Female Oct xx,1957 MIDDLETOWN PA 17057-2622 301-64-xxxx LexID:743822405 https://secure.accurint.com/app/bps/main 4/11/2013 Page 3 of 3 24. TERESA L ELLISON 55 2205 PINEFORD DR Jan 96 795-1971 Gender:Female Oct xx,1957 MIDDLETOWN PA 17057-2622 301-64-xxxx LexID:743822405 25. TRESA L ELLISON 55 104 S 28TH ST Dec 91-Dec 95 Gender:Female Oct xx,1957 HARRISBURG PA 17103-1910 301-64-xxxx LexID:743822405 Records: 1 to 25 of 36 Result Page: 1 2 r, Your DPPA Permissible Use:Court,Law Enforcement or Government Agencies Your GLBA Permissible Use:Law Enforcement Purposes https://secure.accurint.com/app/bps/main 4/11/2013 .• Social Security Death Index(SSDI)Records- Social Security Death Index SSDI Records ... Page 1 of 2 Loci In Subscribe Home I About Us Help 1 Learning Center I Store Questions?Call 1-866-641-3297 More results for found in: Death Records in the Social Security Death Index Newsoaoer Archives (SSDI) 'Recent Obituaries Historical Books Discover Your Family's Past in: Historical Documents Newsoaoer Archives(1690-20101 All of Genealoovbank Results from All Collections Historical Obituaries(1704-19991 Recent Obituaries(1977-Todav1 •Refine Your Searcy � Your search did not match any items in Social Security Death Index. 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Page 2 of 2 Date Information Born Between Year j and year Died Between year and year Last Known Residence City County State Any OR ZIP Code OR Non-U.S. Location El Social Security Number Details State SSN Issued ;Any Social Security Number;301-64-0709 Search Tio5 Clear Form ! Begin Search ■ Stay connected.Follow us! in the news I contact us I affiliates I privacy policy I terms of use I site map I bloc; http://www.genealogybank.com/gbnk/ssdi/?lname=&fname=&minit=&birthy_0=&birthy_... 4/1 1/2013 TILED-OFFICE OF THE PRO 1 HOHUTAR`'. 2113OV19 rk 9: '19 CUMBERLAND COUNTY PENNSYLVANIA Bank of America,N.A. s/b/m/t BAC Home Cumberland County Loans Servicing, LP f/k/a Countrywide Home Court of Common Pleas Loans Servicing LP Plaintiff Number 2012-1525 Civil v. William R. Ellison and Teresa L. Ellison Defendants ORDER AND NOW, this /9. cday of`72013, the Plaintiff is granted leave to serve the Notice of Sheriffs Sale of Real Property upon the Defendants,William R. Ellison and Teresa L. Ellison,by regular mail and by certified mail,return receipt requested,to their last-known address of 11 Silver Spring Road, Mechanicsburg, Pennsylvania 17050 and upon the Defendant, William R.Ellison,by regular mail and by certified mail,return receipt requested,to his last-known address of 12A Richland Avenue,Apt. T2, Camp Hill,Pennsylvania 17011,and by posting the mortgaged premises of 11 Silver Spring Road, Mechanicsburg, Pennsylvania 17050. BY THE COURT: J CO 17 01-At NI � . Ogia ll/i4//3 c McCABE,WEISBERG & CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L. MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 -t, ANN E.SWARTZ,ESQUIRE-ID#201926 z r1 a JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 • (n ) Q CELINE P.DERKRIKORIAN, ESQUIRE-ID#313673 r— x 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 s (215)790-1010 S' N) rr Bank of America,N.A. s/b/m/t BAC Home Loans CUMBERLAND COUNTY /.l "t- Servicing,LP f/k/a Countrywide Home Loans COURT OF COMMON PI,1AS Servicing LP Plaintiff No.2012-1525 Civil v. William R. Ellison and Teresa L.Ellison Defendants MOTION TO ADJOURN SHERIFF'S SALE Plaintiff,Bank of America,N.A.s/b/m/t BAC Home Loans Servicing,LP f/k/a Countrywide Home Loans Servicing LP, by and through its attorneys, McCabe Weisberg and Conway, P.C., moves this Honorable Court for an Order adjourning the Sheriffs Sale scheduled for December 4, 2013 and avers as follows: 1. Plaintiff filed a Writ of Execution, as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 11 Silver Spring Road, Mechanicsburg, PA 17050 for Sheriffs Sale originally scheduled for June 5,2013. 2. Plaintiff has postponed the Sheriffs Sale to the fullest extent permitted without requesting leave from the Court,and is now requesting that this Honorable Court allow the sale currently scheduled for • December 4,2013 to be postponed further until March 12,2014 as service of the Notice of Sale is pending upon Defendant. 3. Plaintiff has complied with all the pertinent statutory and procedural rules of court governing the listing of real property for Sheriffs Sale. 4. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriffs Sale, . 5. This case has been previously assigned to the Honorable Christyieel„. Peck. 6. The Defendant is unrepresented by counsel and the Plaintiff has no means to seek concurrence in the instant motion except by mail. ... WHEREFORE,Plaintiff praysthat this Honorable-Court grant an Order ad iOtniling theSheriffs Sale of the property known as 11 Silver Spring Road, Mechanicsburg,PA 17050 to the March 12,2014 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa:R.C.P.31.29 being required,except for an announcement be made at the sale currently scheduled for,Dec;ember 4,2013. 1Y1CCABE,WEISBERG&CONWAY,PC: BY: 146A ' [ ]TERRENCE J.McCABE,ESQUIRE [ MARC S.WEISBERG,ESQUIRE [ ]EDWARD D.CONWAY,ESQUIRE [ ]MARGARET GAIRO,EsQuIkE [ i ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK;17.SQUIRE [ 1MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GRAHAM,ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE [ ]ANN E.SWARTZ,ESQUIRE [ ]JOSEPH E.RIGA,ESQUIRE [ ]JOSEPH I:FOLEY,I SQU IRE [ ]CELINE P.DERKRIKORIAN,ESQUIRE Attorneys for Plaintiff ,440/ .-■a. . 1 olf, v%ir: ........■,,,„■■=m,„ VERIFICATION The undersigned hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing:facts based on.the information from the • Plaintifs representative;who is out of jurisdiction.and not available to sign this verification at this time,arel:rue and correct to the best of his/her knowledge,information and belief and further states that fake statements herein are made subject to the penalties of 18 PA.C.S: §4904 relating to unsworn falsification to authorities. MCCABE,WEISBERC &QCONWAY,ECC. BY: �ft �/1J ' 1. ]TERRENCE J.McCABE,ESQUIRE [_ ARC S.WIEISBIERG,ESQUIRE [ ].EDWARD D.CONWAY,ESQUIRE [ ]MARGARET GAIR.O,);SQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEID.I R.'SPIVAK,ESQUIRE [ ]MARISA J:COHEN,ESQUIRE [. ]CHRISTINE L.:GR MIA M;ESQUIRE [ ]BRIAN T.LAM ANNA,-ESQUIRE [ ]ANN E.SWARTZ,ESQUIRE [ ]JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH J.FOLEY,.IsSQUIRE [ ]'CELINE P.DERKR1KOR1AN,ESQUIRE Attorneys for Plaintiff Bank of America,N.A.s/b/m/t BAC Home Loans.Servicing,LP f/k/a Countrywide Home Loans Servicing.LP v.William R.Ellison and Teresa L.Ellison Cumberland County;Number;.2612-1525 Civil McCABE,WEISBERG&CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. s/b/m/t BAC Home Loans CUMBERLAND COUNTY Servicing,LP f/k/a Countrywide Home Loans COURT OF COMMON PI,I;AS Servicing LP Plaintiff No.2012-1525 Civil v. William R.Ellison and Teresa L.Ellison Defendants MEMORANDUM OF LAW Plaintiff requested that the Sheriffs Sale originally scheduled for June 5,2013 in this matter be continued for the legally allowable time without requesting the postponement from the Court. Plaintiff at this time requests that the Sheriffs Sale set for December 4,2013 he adjourned to March 12, 2014 as service of the Notice of Sale is pending upon Defendant. Pursuant to Pa.R.C.P. 3129.3,the Court has the discretion to adjourn a Sheriffs Sale and dispense the requirement of new notice. WHEREFORE, Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 11 Silver Spring Road, Mechanicsburg,PA 17050 be adjourned to the March 12,2014 Sheriffs • Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit ..., . , .. Pursuant to Pa.R.C:13.312.9 being recitiimd,except that an annou cement be made at the sale cith'ently scheduled n 13' for December 4,2013. MCCABE,WEISBERG&CONWAY,P.C. BY 7141. A A : 1 ] TERRFNCE J.NicCABE,ESQUIRE 117/MARC S.WEISBERG,ESQUIRE [ ]EDWARD D.CONWAY,ESQUIRE ]MARGARET GAIRO,ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI IL SPNAk,ESQUIRE [ ]MARISA J.COI-IEN,ESQUIRE f ]CHRISTINE L.GRAI IAM,ESQUIRE [ ]BRIAN T,LAMANNA,ESQUIRE ]ANN E SWARTZ, I SQUIRE [ ]JOSEPH F.RIGA,ESQUIRE f ]JOSEPH I.FOIX,Y,ESQUIRE ]CELINE 13:DERKRIKORIAN,ESQUIRE Attorneys for Plaintiff ...41.Al .__ ._.........— "te,r7cin W., ir;c4. ,Imil••■•■11... , . . , . . McCABE,WEISBERG&CONWAY,P.C. Attorneys for Plaintiff BY: 'TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG.ESQUIRE-ID# 17616 EDWARD a CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW I,MARKOWITZ,ESQUIRE-ID 11 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANNE.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKR1KORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215 790-1010 Bank of America,N.A. s/b/m/t BAC Home Loans CUMBERLAND COUNTY Servicing,LP f/k/a Countrywide Home Loans COURT OF COMMON PLEAS Servicing LP Plaintiff No.2012-1525 Civil V. William R.Ellison and Teresa L.Ellison Defendants CERTIFICATION OF SERVICE The undersigned attorney for Plaintiff,hereby certifies that.T served a true and correct copy of the foregoing Motion To Postpone Sheriffs Sale,by United States Mail,first class,postage prepaid,on the 2-0141 day of November,2013,upon the following: William R.Ellison Teresa L.Ellison 12 A Ridgeland Lane 564 Walton Avenue#E Apartment T2 Hummelstown,PA, 17036 Camp Hill,PA, 17011 MCCABE,WEISBERG& CONWAY,P.C.. V BY: /ThP112,-(11-1—A, Ili ' [ 1'TERRENCE J.McCABE,ESQUIRE [ . MARC S.WEISBERG,ESQUIRE [ ]EDWARD D.CONWAY,ESQUIRE [ 1 MARGARET CAIRO,ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE 1 ]HEIDI R.SPIVAK,ESQUIRE [ I MARISA 3.COHEN,ESQUIRE [ 1 CHRISTINE L.GRA!IAM,ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE [ I ANNE.SWARTZ,ESQUIRE [ ]JOSEPH F.RIGA,ESQUIRE [ [JOSEPH I.FOLEY,ESQUIRE [ j CELINE P.DERKRIKORIAN,ESQUIRE Attorneys for Plaintiff Bank of America,N.A.s/b/m/t BAC Home Loans CUMBERLAND COUNTY Servicing,LP f/k/a Countrywide Home Loans COURT OF COMMON PLI-"AS Servicing LP Plaintiff No.2012-1525 Civil V. William R. Ellison and Teresa L. Ellison Defendants ORDER AND NOW,this day of��IZ�C'� 2013,upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled in the above-captioned matter for December 4, 2013, it is hereby ORDERED that the Sheriffs Sale of the property known as 1 1 Silver Spring Road, Mechanicsburg,PA 17050 is adjourned to the March 12,2014 Sheriffs Sale. It is NU R'1 HER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. BY THE COURT: Distribution: Teresa L.Ellison 564 Walton Avenue#E Hummelstown,PA, 17036 y William R.Ellison _- 12 A Ridgeland Lane Apartment T2 :� Camp Hill,PA, 17011 i McCabe,Weisberg&Conway,P.C. 123 South Broad Street,Suite 1400 :r, { -, Philadelphia,PA 19109 S''c- = r ✓Office of the Sheriff J. , 6P �s rte.'/ed Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.: 2012-1525 Civil AFFIDAVIT OF SERVICE Bank of America,N.A.s/b/m/t BAC Home Loans Servicing LP fka Countywide Home Loans Servicing,LP vs. William R.Ellison and Teresa L.Ellison 165889 Commonwealth of Pennsylvania County of Dauphin ss. I,Michael B.Reneker, a competent adult, being duly sworn according to law,depose and say that at 1:40 PM on 12/06/2013,I served William R.Ellison at 11 Silver Spring Road,Mechanicsburg,PA 17050 in the manner described below: ❑ Defendant(s)personally served. ❑ Adult family member with whom said Defendant(s)reside(s). Relationship is ❑ Adult in charge of Defendant(s)residence who refused to give name and/or relationship. ❑ Manager/Clerk of place of lodging in which Defendant(s)reside(s). ❑ Agent or person in charge of Defendant's office or usual place of business. ❑ an officer of said Defendant's company. Other:Posted documents to the premises, a true and correct copy of Order;Notice of Sheriffs Sale of Real Property issued in the above captioned matter. Qa 3112-E 2J--- L\ Sworn to and subscribed beqr^fore me on this Michael B. Reneker day of Decron hrt- , 20g. AOSS C 1 Huntington Quadrangle, Suite 2504 Melville, NY 11747 (516) 284-5850 NOTARY P IC Atty File#: 165889 - Our File# 29316 COM 0 WEALTH OC-PENNSYLVANIA _ Notarial Seal c^ John F.Shinkowsky,Notary Public a,.a Lower Paxton Twp.,Dauphin County s-; rc 7 i My Commission Expires Sept 28,2014 Member.Pennsylvania Ascrxiatlon of Notaries == . Crt Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.: 2012-1525 Civil AFFIDAVIT OF SERVICE Bank of America,N.A.s/b/m/t BAC Home Loans Servicing LP fka Countywide Home Loans Servicing,LP vs. William R.Ellison and Teresa 111 111 1 1111 111 L.Ellison 165890 / Commonwealth of Pennsylvania County of Dauphin ss. I,Michael B.Reneker,a competent adult,being duly sworn according to law,depose and say that at 1:40 PM on 12/06/2013,I served Teresa L.Ellison at 11 Silver Spring Road,Mechanicsburg,PA 17050 in the manner described below: ❑ Defendant(s)personally served. ❑ Adult family member with whom said Defendant(s)reside(s). Relationship is ❑ Adult in charge of Defendant(s)residence who refused to give name and/or relationship. ❑ Manager/Clerk of place of lodging in which Defendant(s)reside(s). ❑ Agent or person in charge of Defendant's office or usual place of business. ❑ an officer of said Defendant's company. Other:Posted documents to the premises, a true and correct copy of Order;Notice of Sheriff's Sale of Real Property issued in the above captioned matter. Sworn to and subscribed ]before me on tklis Michael B. Reneker /1 -1-- day of 0 c e l b(1"' , 200 . AOSS 0 1 Huntington Quadrangle, Suite 2SO4 /; Melville, NY 11747 (516) 284-5850 NOTARY LIC Atty File#: 165890 - Our File# 29317 C.--; COMMONWtaLIH OF PENNSYLVANIA - Notarial Seal rri c7 John F.Shinkowsky,Notary Public Lower Paxton Twp.,Dauphin County coo My Commission Expires Sept 28,2014 Cn Member.PennsVlvpMA Association of Notaries r--.�.' �^ C= McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 " ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 Bank of America, N.A. s/b /m/t BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP Plaintiff v. William R. Ellison and Teresa L. Ellison Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 2012 -1525 Civil AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF PHILADELPHIA The undersigned attorney, being duly sworn according to law, deposes and says that the following is true and correct to the best of his/her knowledge and belief: 1. That he /she is counsel for the above -named Plaintiff; 2. That on February 6, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, William R. Ellison, by regular mail, certificate of ailing and certified mail, return receipt requested, addressed to his last -known addresses of 12A Richland Avenue, Apt. T2, Camp Hill, Pennsylvania 17011 and 11 Silver Spring Road, Mechanicsburg, Pennsylvania 17050, and upon the Defendant, Teresa L. Ellison, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to her last -known address of 11 Silver Spring Road, Mechanicsburg, Pennsylvania 17050. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A ". 3. That on December 6, 2013, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendants, William R. Ellison and Teresa L. Ellison, by posting the same at the mortgaged premises of 11 Silver Spring Road, Mechanicsburg, Pennsylvania 17050. A true and correct copy of the Sheriff's Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B ". McCABE/,jVW SBERG AND CONWAY, P.C. BY: e0.4 [ ] Terrence J. l'V%Cabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE ME THIS 95 DAY OF XiU • , 2014 NOTARY PUBLIC COMMONWEALTH OF FFINNs.Ty. Lvt).-±qA NOTARIAL SEAL KIMBERLY FrRR'i , ot � s Public c. City of Pr °w :eiD; ;a, rhi a. Cr,} -; Cot oliSSten Ex fr, ?s [-11larc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. /8/6 Bank ofAmerica, N.A. s/b/m/t BAC Home Loans S LPtQda�� Home Loans LP Plaintiff v. William R. Ellison and Teresa L. Ellison Defendants (;i THE PRO /HONO��|' 2011N0V 19 MM Cu (C ClA [)" PENNSYLVANIA Cumberland County Court of Common Pleas Number 20l2-l525Civil ORDER �� A��W���9������nit l],thnPlaintiffiogranmdleave to serve the Notice of Sheriffs Sale of Real Property upon the Defendant ,WiDimoR.l3|isonandTercoaL Ellison, by regular mail and by certified mail, return receipt requested, to their last-known address of 11 Silver Spring Road, Meobuoioxkorn, Pennsylvania 17050 and upon the Defendant, William R. Ellison, by regular mail and by certified mail, return receipt requested, to his \ou1'koommuddrusa ofl2A Richland Avenue,Apt. T2, Camp Hill, Pennsylvania 17011, and by posting the mortgaged ` - prernises of 11 Silver Spring Road, Mechanicsburg, Pennsylvania 17050 BY THE COURT: ~~ EXHIBIT A +2) o fat. (.3 2 'S : < o <0 a CS r_- 0. cc t tu LL92 fi2E9 0000 060T ETOL .t 59T6 52E9 0000 0604 TOL '43 a. ? LLj •• 9 < - a) CAL/0 T134-1; CL cc 2 uj 0 0992 h2E9 0000 060T ETOL Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 1400 Philadelphia, PA 19109 Attn: Richard Daugherty Check type of mail or service: 0 Certified 0 COD 0 Delivery Confirmation 0 Express Mail 0 Insured O Recorded Delivery (International) 13 Registered O Return Receipt for Merchandise 0 Signature Confirmation U S POSTAGE >> PiTNEY BOWES /fly ZIP 19109 $ 003.600 02 11e1 0001377494 FEB 06 2014 Line • Article Number , Addressee Name, Street and PO Address Postage 0 ee SH Fee RD Fee RR Fee 1 Bank of America, N.A. 1 v. William R. Ellison and Teresa L. Ellison 61165 ' William R. Ellison : 11 Silver Spring Road Mechanicsburg, Pennsylvania 17050 , 1 - - 1 . l• -. •-- ,..; I.\ ?.. z 71 1 , , 2 William R. Ellison 12A Richland Ave Apt. T2 Camp Hill, Pennsylvania 17011 , , , 3 . Teresa L. Ellison 11 Silver Spring Road Mechanicsburg, Pennsylvania 17050 , i , 1 _ _.__ 5 6 .. _. . , 7 _ - - , 8 ' - - , - 9 , — . l0 iorui Number of P eces Listed by Send: To:a! Number of F'reces Receised at ?osr Office Postmaster, Per (Name of receiving employee) -7-.: r..... e..:,... fo,. of 1,:,o 3 :cr,::,,,, cn 47: 4.,:5::: and iindrrinion I inglor•cd :nal Ma mem. tin: incrritnir parilf.e for the recomraertor of netincern.ac Coen... trine: F.,:17C. ■.-.. e.00, e= idonnen dn. :ISC:7 ace is SSOn per niorri. spOider :c .iddi-orta".-lion was for a:urtiple ;norrs rou or Carriages 1 a single en:psi:on:if: o.-crc The num.. Indoirtna pa9ble on Espress Mail nudrehlreurse law: nor is S bur eprin ul Exornss Mail Sen ice me•cauneise es. rlable for u ro SS Orlo to some too nor all open nes The oranimum indemnity p.*abl • is S25 MO fer registered marl See Donteme Aleut lianua SIM S91: . S92 for liatrranons of cenerage n mooed and COD malt Sec Inrcrnational .Vail 31anzal for limitations of cos Mg:, on it...renal mad Special tnadlIng charges apply nly to Standard ,Mail (A) and Standard Marl (El) rxrcers PS Form 3877, August 2000 Complete by Typewriter, Ink, or Ball Point Pen EXHIBIT B Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County Bank of America, N.A. s/b/m/t BAC Home Loans Servicing LP fka Countywide Home Loans Servicing, LP VS. William R. Ellison and Teresa L. Ellison AFFIDAVIT OF SERVICE 1 Commonwealth of Pennsylvania County of Dauphin SS. 11 1 CASE NO.: 2012-1525 Civil 111111111 165890 1 11 I, Michael B. Reneker, a competent adult, being duly sworn according to law, depose and say that at 1:40 PM on 12/06/2013, I served Teresa L. Ellison at 11 Silver Spring Road, Mechanicsburg, PA 17050 in the manner described below: O Defendant(s) personally served. El Adult family member with whom said Defendant(s) reside(s). Relationship is O Adult in charge of Defendant(s) residence who refused to give name and/or relationship. O Manager/Clerk of place of lodging in which Defendant(s) reside(s). O Agent or person in charge of Defendant's office or usual place of business. O an officer of said Defendant's company. Other: Pasted documents to the premises, a true and correct copy of Order; Notice of Sheriff's Sale of Real Property issued in he above captioned matter. a,u\eA ii2.t2.c Sworn o and subscribed before me on tliis // dily of Dec etni)ref-- , 201;. NOTARY • X , Michael H. Renekf,!r ROSS 1 Huntington Quadrangle, Suite 2SO4 Melville, NY 11747 (516) 284-5850 Atty File: 165890 - Our Filet! 29317 OMMONtALI 11 OF PENNSYLVANIA Notarial Seal )on F. Shinkcnvsky, Notary Pubk Lower Paxton TWIN, Dauphin County hey"CorrntsPon Expires Sapt. 2£3, 2014 Member. Pennsylvania istoclation of Notaries r Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County AFFIDAVIT OF SERVICE Bank of America, N.A. s/b /m /t BAC Home Loans Servicing LP fka Countywide Home Loans Servicing, LP vs. William R. Ellison and Teresa L. Ellison Commonwealth of Pennsylvania County of Dauphin ss. C / /C-,� CASE NO.: 2012 -1525 Civil I, Michael B. Renekcr, a competent adult, being duly sworn according to law, depose and say that at 1:40 PM on 12/06/2013, I served William R. Ellison at 11 Silver Spring Road, Mechanicsburg, PA 17050 in the manner described below: ❑ Defendant(s) personally served. ❑ Adult family member with whom said Defendant(s) reside(s). Relationship is ❑ Adult in charge of Defendant(s) residence who refused to give name and /or relationship. ❑ Manager /Clerk of place of lodging in which Defendant(s) reside(s). ❑ Agent or person in charge of Defendant's office or usual place of business. ❑ an officer of said Defendant's company. Other: Posted documents to the premises, a true and correct copy of Order; Notice of Sheriff's Sale of Real Property issued in the above captioned matter. sworrt to and subscribed bore me on this day of brcrwl ./ , 201-1. NOTARY WEAUt1-I ODi° PENNSYLYANIAA Notarial Seal John F. Shinkowsky, Notary Public tower Paxton Twp., Dauphin County 1y Commission >M 28, 2014 Pnnnsvh-rnix n,+r, i* inn nr Nos! Michael B. Renekez AOSS 1 Huntington Quadrangle, Suite 2304 Melville, NY 11747 (516) 284 -5850 Atty File #: 165889 - Our File# 29316 McCABE,WEISBERG&CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 <; MARISA J.COHEN,ESQUIRE-ID#87830 ? CHRISTINE L.GRAHAM,ESQUIRE-ID#3094801 ; sue. BRIAN T.LAMANNA,ESQUIRE-ID#310321 P r- ANN E.SWARTZ,ESQUIRE-ID#201926 Cf) ; JOSEPH F.RIGA,ESQUIRE-ID#57716 r- JOSEPH 1.FOLEY,ESQUIRE-ID#314675 C-: CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 c > t JENNIFER L.WUNDER,ESQUIRE-ID#315954 - LENA KRAVETS,ESQUIRE-ID#316421 CAROL A.DiPR1NZIO,ESQUIRE-ID#316094 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. s/b/m/t BAC Home Loans CUMBERLAND COUNTY Servicing,LP f/k/a Countrywide Home Loans COURT OF COMMON P1,1'AS Servicing LP Plaintiff No.2012-1525 Civil i V. William R.Ellison and Teresa L.Ellison Defendants MOTION TO ADJOURN SHERIFF'S SALE Plaintiff,Bank of America,N.A.s/b/m/t BAC Home Loans Servicing,LP f/k/a Countrywide Home Loans Servicing LP, by and through its attorneys, McCabe Weisberg and Conway, P.C., moves this Honorable Court for an Order adjourning the Sheriffs Sale scheduled for March 12, 2014 and avers as follows: 1. Plaintiff filed a Writ of Execution,as well as the Affidavit required by 11a.R.C.P. 3129, in order to list the property known as 11 Silver Spring Road, Mechanicsburg, PA 17050 for Sheriffs Sale originally scheduled for June 5,2013. 2. Plaintiff has postponed the Sheriff s Sale to the fullest extent permitted without requesting leave from the Court,and is now requesting that this Honorable Court allow the sale currently scheduled for March 12,2014 to be postponed further until May 7,2014 as Plaintiff is reassessing damages. 3. Plaintiff has complied with all the pertinent statutory and procedural rules ofcourt governing the listing of real property for Sheriffs Sale. 4. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriffs Sale. 5. This case has been previously assigned to the Honorable Christylee L. Peck. 6. The Defendant is unrepresented by counsel and the Plaintiff has no means to seek concurrence in the instant motion except by mail. WHEREFORE,Plaintiffprays that this Honorable Court grant an Order adjourning the Sheriffs Sale ofthe property known as 1 I Silver Spring Road, Mechanicsburg,PA 17050 to the May 7,2014 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except for an announcement be made at the sale currently scheduled for March 12,2014. MCCABE,WEISBERG�& CONWAY,P.C. BY: [ ]TERRENCE J.McCABE,ESQUIRE [ ]MARC S.WEISBI;R(,, ESQUIRE [ ]EDWARD D.CONWAY,ESQUIRE [ ]MARGARET GAIRO, ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK,ESQUIRE [ J MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GRAI IAM, ESQUIRE [ J BRIAN T.LAMANNA,ESQUIRE [ ]ANN E.SWARTZ, I:SQIJIRE [ ]JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH 1.FOLE:Y, ESQUIRE [ )CELINE P.DERKRIKORIAN,ESQUIRE [)a]JENNIFER L. WUNDER,ESQUIRE [ )LENA KRAVETS,ESQUIRE [ ]CAROL A.DiPRINZIO,ESQUIRE Attorneys for Plaintiff than Wolf,Es re McCABE,WEISBERG& CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 CAROL A.DiPRINZIO,ESQUIRE-ID#316094 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Bank of America,N.A. s/b/m/t BAC Home Loans CUMBERLAND COUNTY Servicing,LP f/k/a Countrywide Home Loans COURT OF COMMON PLEAS Servicing LP Plaintiff No.2012-1525 Civil V. William R.Ellison and Teresa L. Ellison Defendants MEMORANDUM OF LAW Plaintiff requested that the Sheriffs Sale originally scheduled for June 5, 2013 in this matter be continued for the legally allowable time without requesting the postponement from the Court. Plaintiff at this time requests that the Sheriffs Sale set for March 12,2014 be adjourned to May 7, 2014 as Plaintiff is reassessing damages. Pursuant to Pa.R.C.P. 3129.3,the Court has the discretion to adjourn a Sheriffs Sale and dispense the requirement of new notice. WHEREFORE,Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 11 Silver Spring Road, Mechanicsburg, PA 17050 be adjourned to the May 7, 2014 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P.3129 being required,except that an announcement be made at the sale currently scheduled for March 12,2014, MCCABE,WEISBERG& CONWAY,P.C. BY: i [ )TERRENCE J.MCCABE,ESQUIRE [ ]MARC S.WEISBERG, ESQUIRE [ ]EDWARD D.CONWAY,ESQUIRE [ ]MARGARET GAIRO, ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK, ESQUIRE [ ]MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GRAIIAM,ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE [ ]ANN E.SWARTZ,ESQUIRE [ ]JOSEPH F.RIGA, ESQUIRE [ ]JOSEPH I. FOLEY, IiSQLJIRE [ ]CELINE P.DERKRIKORIAN,ESQUIRE [)oj JENNIFER L. WUNUI;R, ESQUIRE [ ]LENA KRAVETS,ESQUIRE [ ]CAROL A. DiPRINZIO, };SQUIRE Attorneys for Plaintiff N than Wolf,Esq ' e VERIFICATION The undersigned hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative,who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. MCCABE,WEIS/B�ERG&i CONWAY,P.C. BY: "1 r [ ]TERRENCE J.McCABE,ESQUIRE [ ]MARC S.WEIS131:RC;, ESQUIRE [ ]EDWARD D.CONWAY,ESQUIRE [ ]MARGARET GAIRO, ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK,ESQUIRE [ ]MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L. GIM IAM, ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE [ ]ANN E. SWAR Z, ESQUIRE [ ]JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH I. FOLLY,ESQUIRE [ ]CELINE P.DERKRIKORIAN,ESQUIRE [)I JENNIFER L. WUNDI?R,ESQUIRE [ ]LENA KRAVETS,ESQUIRE [ ]CAROL A. DiPRINZIO, ESQUIRE Attorneys for Plaintiff Bank of America,N.A.s/b/m/t BAC Home Loans Servicing,LP f/k/a Countrywide Home Loans Servicing LP v. William R.Ellison and Teresa L.Ellison Cumberland County;Number:2012-1525 Civil MCCABE,WEISBERG& CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG,ESQUIRE-1D# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-1D#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L. WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 CAROL A.DiPRINZIO,ESQUIRE-ID#316094 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Bank of America,N.A. s/b/m/t BAC Home Loans CUMBERLAND COUNTY Servicing,LP f/k/a Countrywide Home Loans COURT OF COMMON PH-.'AS Servicing LP Plaintiff No. 2012-1525 Civil V. William R.Ellison and Teresa L. Ellison Defendants CERTIFICATION OF SERVICE The undersigned attorney for Plaintiff,hereby certifies that I served a true and correct copy of the foregoing Motion To Postpone Sheriffs Sale,by United States Mail,first class,postage prepaid,on the 1/Z441day of March,2014,upon the following: William R.Ellison Teresa L.Ellison 12 A Ridgeland Lane 564 Walton Avenue#E Apartment T2 Hummelstown, PA, 17036 Camp Hill,PA, 17011 MCCABE WEISBERG& CONWAY,P.C. BY: [ ] TERRENtE J. cCABE,ESQUIRE [ ]MARC S.WEISBERG, ESQUIRE [ J EDWARD D.CONWAY,ESQUIRE [ J MARGARET GAIM , ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R. SPIVAK, ESQUIRE [ ]MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GItAI IAM,ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE [ ]ANN E. SWARTZ, ESQUIRE [ ]JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH I.FOLEY, ESQUIRE [ ]CELINE P. DERKRIKORIAN,ESQUIRE [)0]JENNIFER L.WUNDER, ESQUIRE [ ]LENA KRAVETS,ESQUIRE [ ]CAROL A.DiPRINZIO, ESQUIRE Attorneys for Plaintiff Bank of America, N.A. s/b /m/t BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP Plaintiff v. William R. Ellison and Teresa L. Ellison Defendants AND NOW, this CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2012 -1525 Civil ORDER day of /`%G A , 2014, upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled in the above - captioned matter for March 12, 2014, it is hereby ORDERED that the Sheriffs Sale of the property known as 11 Silver Spring Road, Mechanicsburg, PA 17050 is adjourned to the May 7, 2014 Sheriffs Sale. It is FURT111;R ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. Distribution: Teresa L. Ellison 564 Walton Avenue #E Hummclstown, PA, 17036 William R. Ellison 12 A Ridgeland Lane Apartment T2 Camp HiII, PA, 17011 McCabe, Weisberg & Conway, P.C. 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 Office of the Sheriff plucteL UT, es fiz.v rLL 3 iy BY THE COURT: McCABE,WEISBERG&CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 x ^ ANN E.SWARTZ,ESQUIRE-ID#201926 r JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CG -Ir CELINE P.DERKRIKORIAN ESQUIRE-ID#313673 - ' r, JENNIFER L.WUNDER,ESQUIRE-ID#315954 z LENA KRAVETS,ESQUIRE-ID#316421 D t; CAROL A.DiPRINZIO,ESQUIRE-ID#316094 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Bank of America,N.A.s/b/m/t BAC Home Loans CUMBERLAND COUNTY Servicing,LP f/k/a Countrywide Home Loans COURT OF COMMON PLEAS Servicing LP Plaintiff No.2012-1525 Civil V. William R.Ellison and Teresa L.Ellison Defendants MOTION TO ADJOURN SHERIFF'S SALE Plaintiff,Bank of America,N.A.s/b/m/t BAC Home Loans Servicing,LP f/k/a Countrywide Home Loans Servicing LP, by and through its attorneys, McCabe Weisberg and Conway, P.C., moves this Honorable Court for an Order adjourning the Sheriffs Sale scheduled for May 7,2014 and avers as follows: 1. Plaintiff filed a Writ of Execution,as well as the Affidavit required by Pa.R.C.P.3129,in order to list the property known as 11 Silver Spring Road, Mechanicsburg, PA 17050 for Sheriffs Sale originally scheduled for June 5,2013. 2. Plaintiff has postponed the Sheriffs Sale to the fullest extent permitted without requesting leave from the Court,and is now requesting that this Honorable Court allow the sale currently scheduled for May 7,2014 to be postponed further until August 6,2014 as Plaintiff is reassessing damages. 3. Plaintiffhas complied with all the pertinent statutory and procedural rules of court governing the listing of real property for Sheriffs Sale. 4. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriffs Sale. 5. This case has been previously assigned to the Honorable Christylee L.Peck. 6. The Defendant is unrepresented by counsel and the Plaintiff has no means to seek concurrence in the instant motion except by mail. WHEREFORE,Plamtiffprays that this Honorable Court grant an Order adjourning the Sheriffs Sale of the property known as 11 Silver Spring Road, Mechanicsburg,PA 17050 to the August 6,2014 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P.3129 being required,except for an announcement be made at the sale currently scheduled for May 7,2014. MCCABE,WEISBERG&CONWAY,P.C. BY- [ ]TERREN E J.McCABE,ESQUIRE [ ]MARC S.WEISBERG,ESQUIRE [ ]EDWARD D.CONWAY,ESQUIRE [-'j'MARGARET GAIRO,ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R SPIVAK,ESQUIRE [ ]MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GRAHAM,ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE [ ]ANN E.SWARTZ,ESQUIRE [ ]JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH 1.FOLEY,ESQUIRE [ ]CELINE P.DERKRIKORIAN,ESQUIRE [ ]JENNIFER L.WUNDER,ESQUIRE [ ]LENA KRAVETS,ESQUIRE [ ]CAROL A.DiPRINZIO,ESQUIRE Attorneys for Plaintiff Nathan)9J McCABE,WEISBERG&CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-1D#16496 MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-1D#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 CAROL A.DiPRINZIO,ESQUIRE-ID#316094 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A.s/b/m/t BAC Home Loans Servicing, CUMBERLAND COUNTY LP f/k/a Countrywide Home Loans Servicing LP COURT OF COMMON PLEAS Plaintiff V. No.2012-1525 Civil William R.Ellison and Teresa L.Ellison Defendants MEMORANDUM OF LAW Plaintiff requested that the Sheriffs Sale originally scheduled for June 5,2013 in this matter be continued for the legally allowable time without requesting the postponement from the Court. Plaintiff at this time requests that the Sheriffs Sale set for May 7,2014 be adjourned to August 6,2014 as Plaintiff is reassessing damages. Pursuant to P&R.C.P.3129.3,the Court has the discretion to adjourn a Sheriffs Sale and dispense the requirement of new notice. WHEREFORE,Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 11 Silver Spring Road, Mechanicsburg,PA 17050 be adjourned to the August 6,2014 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuantto Pa.R.C.P.3129 being required,except that an announcement be made at the sale currently scheduled for May 7,2014, MCCABJ4 WEISBER &CONWAY,P.C. A z4 B Y: TE NCVCONWAY,McCABE,ESQUIRE MARC S.WEISBERG,ESQUIRE EDWARD ESQUIRE GARET GAIRO,ESQUIRE ANDREW L.MARKOWITZ,ESQUIRE HEIDI R.SPIVAK,ESQUIRE MARISA J.COHEN,ESQUIRE CHRISTINE L.GRAHAM,ESQUIRE [ BRIAN T.LAMANNA,ESQUIRE ANN E.SWARTZ,ESQUIRE [[ JOSEPH F.RIGA,ESQUIRE JOSEPH I.FOLEY,ESQUIRE CELINE P.DERKRIKORIAN,ESQUIRE JENNIFER L.WUNDER,ESQQUIRE [ LENA KRAVETS,ESQUIRE CAROL A.DiPRINZIO,ESQUIRE Attorneys for Plaintiff c.._.... an W o VERIFICATION The undersigned hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative,who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S.§4904 relating to unsworn falsification to authorities. MCC E,WEISBERG& CONWAY,P.C. BY: [ ]TERREN E J.McCABE,ESQUIRE [ J M�RC S.WEISBERG,ESQUIRE [ ]EDWARD D.CONWAY,ESQUIRE +JMARGARET GAIRO,ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK,ESQUIRE [ ]MARISA J.COHEN,ESQUIRE [ )CHRISTINE L.GRAHAM,ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE [ J ANN E.SWARTZ,ESQUIRE [ J JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH I.FOLEY,ESQUIRE [' ]CELINE P.DERKRIKORIAN,ESQUIRE [ )JENNIFER L.WUNDER,ESQUIRE [ ]LENA KRAVETS,ESQUIRE [ )CAROL A.DiPRINZIO,ESQUIRE Attorneys for Plaintiff Bank of America,N.A.s/b/m/t BAC Home Loans Servicing,LP fWa Countrywide Home Loans Servicing LP v. William R.Ellison and Teresa L.Ellison Cumberland County;Number:2012.1525 Civil McCABE,WEISBERG&CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 CAROL A.DiPRINZIO,ESQUIRE-ID#316094 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Bank of America,N.A.s/b/m/t BAC Home Loans CUMBERLAND COUNTY Servicing,LP f/k/a Countrywide Home Loans COURT OF COMMON PLEAS Servicing LP Plaintiff No.2012-1525 Civil V. William R Ellison and Teresa L.Ellison Defendants CERTIFICATION OF SERVICE The undersigned attorney for Plaintiff,hereby certifies that 1 served a true and correct copy of the foregoing Motion To Postpone Sheriffs Sale,by United States Mail,first class,postage prepaid,on the t day of May,2014,upon the following: William R.Ellison Teresa L.Ellison 12 A Ridgeland Lane 564 Walton Avenue#E Apartment T2Camp Hill,PA, 17011 Hummelstown,PA, 17036 MCCABE,WEISBERG&CONWAY,P.C. BY: [ ] TERREMCIJ.McCABE,ESQUIRE [ ]MARC S.WEISBERG,ESQUIRE [ ]EDWARD D.CONWAY,ESQUIRE MARGARET GAIRO,ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK,ESQUIRE [ ]MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GRAHAM,ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE [ ]ANN E.SWARTZ,ESQUIRE [ ]JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH I.FOLEY,ESQUIRE [ ]CELME P.DERKRIKORIAN,ESQUIRE [ ]JENNIFER L.WUNDER,ESQUIRE [ ,]LENA KRAVETS,ESQUIRE [ ]CAROL A.DiPRINZIO,ESQUIRE Attorneys for Plaintiff 0 2 kliN" -6 PM ' ZZ CU�BE6Nr�iKSY.Al+.D PiASIA Bank of America, N.A. s/b/m/t BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP Plaintiff v. William R. Ellison and Teresa L. Ellison Defendants AND NOW, this ‘L day of CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2012-1525 Civil ORDER , 2014, upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled in the above -captioned matter for May 7, 2014, it is hereby ORDERED that the Sheriffs Sale of the property known as 11 Silver Spring Road, Mechanicsburg, PA 17050 is adjourned to the August 6, 2014 Sheriffs Sale. It is FURTHER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. The postponement shall be announced at the May 7, 2014 Sheriffs Sale. BY THE COURT: Di tribution: er:":Y(e/,— cCabe, Weisberg and Conway For the Plaintiff �'Sn2 sA���ir —illiam Ellison �T tesa L. Ellison Sheriff Court Administration S McCABE, WEISBERG AND CONWAY, P.C. By: Andrew L. Markowitz, Esq. Attorney ID# 28009 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 BANK OF AMERICA, N.A. Plaintiff v. WILLIAM R. ELLISON -and- TERESA L. ELLISON Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS', CUMBERLAND COUNTY -' No. 2012-1525 Civil PLAINTIFF'S MOTION TO AMEND JUDGMENT FOR REASSESSMENT OF DAMAGES Plaintiff, BANK OF AMERICA, N.A., by and through its attorneys, McCabe, Weisberg & Conway, P.C., and pursuant to Rule 1037 (c) Pa. R. C. P., files this motion To Amend Judgment For Reassessment of Damages in this matter and in support thereof avers as follows: 1. This action was commenced by Plaintiff on March 9, 2012 by the filing of a complaint in Mortgage Foreclosure. 2. On January 17, 2013, Judgment was entered in favor of Plaintiff, BANK OF AMERICA, N.A., and against Defendants, WILLIAM R. ELLISON and TERESA L. ELLISON, by default in the amount of $134.750.80, plus interest and costs as provided by law. 3. Since the entry of Judgment, Plaintiff has incurred additional expenses necessary to protect its interest in the mortgaged premises. In particular, Plaintiff has made various payments for insurance, property preservation and maintenance, school taxes, city taxes and other real estate taxes assessed against the subject premises, including payments on the dates and amounts indicated below: March 19, 2013 $513.78 City Tax April 25, 2013 $4,812.76 City Tax August 27, 2013 $1,454.48 School Tax October 30, 2013 $1,264.20 Hazard/Fire Insurance January 24, 2014 $1,265.00 Hazard/Fire Insurance April 1, 2014 $513.78 City Tax None of these disbursements were included in the itemization of amounts set forth in Plaintiff's Complaint. 4. Upon disposition of this petition, the amount due and owing by Defendants to plaintiff on the underlying note and mortgage will be as follows: Principal: $ 122,280.88 Interest through 05/07/2014 $ 16,554.62 @ $15.92 per diem Escrow Advances $ 13,577.61 Corporate Advance $ 4,894.26 Property Repairs/Maintenance $ 1,510.00 REASSESSED DAMAGES $ 158,817.37 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth above and requests such other and further relief as is just. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order directing the Prothonotary to reassess damages as set forth above. Respectfully submitted, McCABE, WEISBERG & CONWAY, P.C. By: Andrew L. Markowitz, jsquire Attorneys for Plaintiff r McCABE, WEISBERG AND CONWAY, P.C. By: Andrew L. Markowitz, Esq. Attorney ID# 28009 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 BANK OF AMERICA, N.A. Plaintiff v. WILLIAM R. ELLISON -and- TERESA L. ELLISON Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2012-1525 Civil PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO AMEND JUDGMENT FOR REASSESSMENT OF DAMAGES I. Matter Before the Court. Plaintiff's instant motion is To Amend Judgment For Reassessment of Damages with respect to its action in mortgage foreclosure. Under the terms of the mortgage, the relevant portions of which have been highlighted for the Court's review, Plaintiff, as mortgagee, is entitled to reimbursement of costs incurred to protect its secured interest. A true and correct copy of mortgage is attached hereto as Exhibit "A." Plaintiff has, in fact, incurred costs subsequent to the Court's entry of Judgment and other costs not included in the itemization set forth in its complaint. Plaintiff, therefore, has filed this instant motion. II. Statement of Question Involved. Is Plaintiff entitled to reassess damages to recover costs incurred post judgment and prior to the payment of judgment in full in order to protect its interest in the subject property? Plaintiff respectfully submits that the answer is, "Yes." III. Facts. This action was commenced by Plaintiff on March 9, 2012 by the filing of a complaint in Mortgage Foreclosure. On January 17, 2013, Judgment was entered in favor of Plaintiff, BANK OF AMERICA, N.A., and against Defendants, WILLIAM R. ELLISON and TERESA L. ELLISON, by default in the amount of $134,750.80, plus interest and costs as provided by law. Since the entry of Judgment, Plaintiff has incurred additional expenses necessary to protect its interest in the mortgaged premises. In particular, Plaintiff has made various payments both for insurance, property preservation, school taxes, city taxes and other real estate taxes assessed against the property as set forth in its Motion. Moreover, additional interest has accrued since the entry of judgment. follows: The total amounts due and owing by Defendants as a result of the foregoing is as Principal: $ 122,280.88 Interest through 05/07/2014 $ 16,554.62 @ $15.92 per diem Escrow Advances $ 13,577.61 Corporate Advance $ 4,894.26 Property Repairs/Maintenance $ 1,510.00 REASSESSED DAMAGES $ 158,817.37 IV. Argument. Under the terms of the mortgage, Plaintiff is entitled to recoup Real Estate Taxes, Insurance Premiums, and other charges advanced by the Mortgagee which are advances necessary to protect its security interest. As set forth in Plaintiff's foregoing Motion, these advances are recoverable in the amount of Judgment against the Defendants. As stated in Paragraph 9 of the mortgage If Borrower fails to perform the covenants and agreements contained in this Security Instrument...there is a legal proceeding that may significantly affect Lender's interest in the property...then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument.... Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. Plaintiff is entitled to the reassessment of damages so long as Plaintiff's motion is filed prior to the payment of judgment in full. Chase Home Mortgage Corporation of the Southeast v. Good, 370 Pa.Super. 570, 537 A.2d 22 (1988) V. Relief. WHEREFORE, Plaintiff respectfully requests this Court enter an ORDER granting Plaintiff's motion to amend judgment and directing the Prothonotary to reassess damages as set forth above. Respectfully submitted, McCABE, WEISBERG & CONWAY, P.C. By: ANDREW L. MARK,OWITZ, ESQUIRE Attorneys for Plainti EXHIBIT "A" Prepared By: DANIELLE KELLY BANK OF AMERICA, N.A. 333 EARL OVINGTON BLVD STE 7.01 UNIONDALE NY 11553 Phone: (888)475-7050 After Recording Return To: BANK OF AMERICA, N.A. ReconTrust Co./TX2-979-01-07 P.O. Box 619003 Dallas, TX 75261-9003 Parcel Number: �$ -mag- 09+13q Premises: 11 SILVER SPRING RD MECHANICSBURG PA 17050-2855 11 11 ‚Hill' 11 V 111 11 11 IBIIY 11 111 610 225582313 D2 001 001 [Space Above This Lias For Recording Data] MORTGAGE 111 00022558231307010 [Doc ID #] PENNSYLVANIA --Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 Mortgage -PA 1006• -PA 05/08)(d/i) Page 1 of 17 * 2 3 9 9 1 0 I 2 2 5 5 8 2 3 1 3 0 0 0 0 0 1 0 0 6-* DOC ID #: 00022558231307010 DEFINITIONS Words used in multiple sections of this document are•defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JULY 21, 2010 together with all Riders to this document. (13) "Borrower" is WILLIAM R ELLISON, AND TERESA L ELLISON Borrower is the mortgagor under this Security Instrument. (C) "Lender" is BANK OF AMERICA, N.A. Lender is a NATIONAL ASSOCIATION organized and existing under the laws of THE UNITED STATES Lender's address is 101 South Tryon Street Charlotte, NC 28255 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated JULY 21, 2010 The Note states that Borrower owes Lender ONE HUNDRED TWENTY FIVE THOUSAND THREE HUNDRED and 00/100 Dollars (U.S. $ 125 , 300 . 0 0 ) plus interest. Borrower has promised •to pay this debt in regular Periodic Payments and to pay the debt in full not later than AUGUST 01, 2040 (1C) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: PENNSYLVANIA --Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 Mortgage -PA 1006—PA (05/08) Page 2 of 17 LEGAL DESCRIPTION SCHEDULE "A" ALL THAT CERTAIN piece or parcel of land, situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by D.P. Raffensperger, Registered Surveyor, dated August 26, 1964, as follows: BEGINNING at a point in the former center line of Legislative Route 21051 (Silver Spring Road), said point being 2,030.60 feet North of the center line of Brandy Lane, said point also being at the northeast corner of lands now or formerly of John F. Howe; thence along lands now or formerly of John F. Howe, North 81 degrees West, 200 feet to a point; thence North 09 degrees East, 75 feet to a point at lands now or formerly of' Stanley B. Szczypta; thence along lands now or formerly of Stanley B. Szczypta, South 81 degrees East, 200 feet to a point on the former center line of Legislative Route 21051; thence along the same, South 09 degrees West, 75 feet to the point of BEGINNING. HAVING THEREON ERECTED a split level brick and framedwelling house known and numbered as 11 Silver Spring Road, Mechanicsburg, Pennsylvania. Parcel Number: 38-21-0287-058 ❑ Adjustable Rate Rider ❑ Balloon Rider ❑ VA Rider DOC ID #: 00022558231307010 ❑ Condominium Rider ❑ Second Home Rider ❑ Planned Unit Development Rider ❑ 1-4 Family Rider ❑ Biweekly Payment Rider ® Other(s) [specify] EXHIBIT A (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of Iaw) as well as all applicable final, non -appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument., which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such termincludes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking, of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor Iegislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken tide to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in' the PENNSYLVANIA --Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1(01 Mortgage -PA 1006—PA (05/08) Page 3 of 17 COUNTY DOC ID #: 00022558231307010 of CUMBERLAND [Type of Recording Jurisdicuon] [Name of Recording Jurisdiction] SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 11 SILVER SPRING RD, MECHANICSBURG [Street/City] Pennsylvania 17050-2855 ("Property Address"): [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property? BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM' COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Princlpal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items PENNSYLVANIA --Single Family -=Fannie Mae/Freddie Mao UNIFORM INSTRUMENT Form 3039 1/01 Mortgage -PA 1006 --PA (05/08) Page 4 of 17 DOC ID #: 00022558231307010 pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Penodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower,for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more ,than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day'Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed PENNSYLVANIA --Single Family—Fannie Mae/Freddfe Mac UNIFORM INSTRUMENT Form 3039 1/01 Mortgage -PA 1006 --PA (05/08) Page 5 of 17 DOC ID #: 00022558231307010 by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later, than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RFSPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up ,the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to PENNSYLVANIA --Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 Mortgage -PA 1006 --PA (05108) Page 6 of 17 DOC ID #: 00022558231307010 Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right, to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. My amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is .PENNSYLVANIA --Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 Mortgage -PA 1006—PA (05/08) Page 7 of 17 DOC ID #: 00022558231307010 not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's'satisfaction, provided that such inspection shall be undertaken promptly, Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Properly. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender PENNSYLVANIA --Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3038 1/01 Mortgage -PA 1006—PA (05/08) Page 8 of 17 DOC ID #: 00022558231307010 with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence, 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument. or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attomeys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note•rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and.the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate. mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in Lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and PENNSYLVANIA --Single Family --Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3039 1/01 Mortgage -PA 1008—PA (05/08) Page 9 of 17 DOC ID #: 00022558231307010 Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or PENNSYLVANIA—Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 Mortgage -PA 1006 --PA (05/08) Page 10 of 17 DOC ID #: 00022558231307010 loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or Loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. , In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be' applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action. in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2, 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several, However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the temas of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. PENNSYLVANIA --Single Family --Fannie Mae/Freddie Mao UNIFORM INSTRUMENT Form 3039 1/01 Mortgage -PA 1006 --PA (05/08) Page 11 of 17 DOC ID #: 00022558231307010 Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice.address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice .address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. A]1 rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. PENNSYLVANIA—Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 Mortgage -PA 1006—PA (05/08) Page 12 of 17 DOC ID #: 00022558231307010 As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke.any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, 'but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and, expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of PENNSYLVANIA --Single Family—Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 Mortgage -PA 1008 --PA (05/08) Page 13 of 17 DOC ID #: 00022558231307010 servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to, take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18.shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20, 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial' action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration PENNSYLVANIA --Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 Mortgage -PA .1006 --PA (05108) Page 14 of 17 DOC ID #: 00022558231307010 under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from. attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. PENNSYLVANIA --Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 Mortgage -PA 1008—PA (05108) Page 15 of 17 DOC ID. # : 00022558231307010 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. WILL (Seal) SON -Borrower (Seal) TERESA L. ELLISON -Borrower (Seal) -Borrower (Seal) -Borrower PENNSYLVANIA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 Mortgage -PA 1006—PA (05/08) Page 16 of 17 COMMONWEALTH OF PENNSYLVANIA, On this, the day of undersigned officer, personally appeared DOC ID #: 0002 5,8 31307010 County ss: , before me, the known to me (or satisfactorily proven) to be the person(s) whose namsubscribed to the within instrument and acknowledged that he/sh t e executed the same for the purposestherem contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: /,.L t/-) 3 COMMONWEALTH OF PENNSYLVANIA Notarial Seal public Karoo L, o., Curoa Nana Count/ MHaroptlen Y Commission SY trot ham, 711 x013 @Ynbor, Patinas/1%0a M ati4n A MOO Title of Officer Certificate of Residence IVd the correct address of the within -named age Mort e is f, 0, 4d)< 679 r�d3 DLoa Wioiess my hand this *7 I day of dAct erz,—' iptit*--O7 t.(//// ca -4-1 Agent of Mortgagee PENNSYLVANIA—Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Mortgage -PA 1006 --PA (05/08) Page 17 of 17 Form 3039 1/01 . ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 r Instrument Number - 201020743 Recorded On 7/30/2010 At 10:24:39 AM *Instrument Type - MORTGAGE Invoice Number - 70006 User BD - KW * Mortgagor - ELLISON, WILLIAM R *Mortgagee - BANK OF AMERICA N A * Customer - HOMETOWN SETTLEMENTS LLC *FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $23.50 $39.50 $10.00 $11.50 $2.00 $3.00 $90.00 *Total Pages - 19 Certification Page DO NOT DETACH This page is now part of this legal document. 1 Certify this to be recorded in Cumberland County PA 7a RECORDER O174 -, D EDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111111 111111II�I11 McCABE, WEISBERG AND CONWAY, P.C. By: Andrew L. Markowitz, Esq. Attorney ID# 28009 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 BANK OF AMERICA, N.A. Plaintiff v. WILLIAM R. ELLISON -and- TERESA L. ELLISON Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2012-1525 Civil CERTIFICATE OF SERVICE I, Andrew L. Markowitz, Esquire, attorney for Movant, hereby certify that I served a true and correct copy of the Motion of BANK OF AMERICA, N.A., for Reassessment of Damages by United States Mail, first class, postage prepaid, on the 21' day of May, 2014, upon the following persons: William R. Ellison Teresa L. Ellison 11 Silver Spring Road Mechanicsburg, PA 17050 William R. Ellison 12 A Ridgeland Lane, Apt T2 Camp Hill, PA 17011 Teresa L. Ellison 546 Walton Avenue #E Hummelstown, PA 17036 ANDREW L. MARK ri WITZ, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG, & CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification Number: 28009 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 (215) 790-1010 BANK OF AMERICA, N.A. Plaintiff v. WILLIAM R. ELLISON -and- TERESA L. ELLISON Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2012-1525 Civil rso CERTIFICATION OF NON -CONCURRENCE I, ANDREW L. MARKOWITZ, Esquire do hereby certify that I have NOT sought concurrence regarding Plaintiff's Motion to Amend Judgment and for Reassessment of Damages as Defendants in this matter are NOT represented by counsel. Respectfully submitted, McCABE, WEIS�B, ERG & CONW Y, P.C. By: Andrew L. Markowitz, -Es Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. By: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 (215) 790-1010 BANK OF AMERICA, N.A. Plaintiff v. WILLIAM R. ELLISON -and- TERESA L. ELLISON Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2012-1525 Civil ORDER AND NOW, this 2" day of C\�,,•c. C.) L.7 rT , 2014, upon consideration of Plaintiffs Motion to Amend Judgment for Reassess Damages ("the petition") in this matter, it is hereby ORDERED that: 1) a RULE is hereby issued against Defendants, WILLIAM R. ELLISON and TERESA L. ELLISON to show cause why the Plaintiff, BANK OF AMERICA, N.A., is not entitled to the relief requested; 2) the respondents WILLIAM R. ELLISON and TERESA L. ELLISON and any other party in interest shall file an answer to the Petition within twenty (20) days of service upon them; 3) the petition shall be decided under Pa. R. C. P. No. 206.7; 4) If an answer is filed to the petition, argument shall be held on the. _ _ .. petitioner. nnsy vama 01 4, in ourtroom of the Cumberland an 5) notice of the entry of this Order shall be provided to all parties by the BY THE COURT: J. McCABE, WEISBERG & CONWAY, P.C. By: Andrew L. Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 BANK OF AMERICA, N.A. Plaintiff v. WILLIAM R. ELLISON -and- TERESA L. ELLISON Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS_0.7-1 CUMBERLAND COUNTY No. 2012-1525 Civil CERTIFICATION OF SERVICE I, Andrew L. Markowtiz, Esquire hereby certify that a true and correct copy of the within Order dated June 2, 2014 on Rule to Show Cause, Rule Return Date - within twenty (20) days of date of service was served on June 6, 2014 by first-class mail, postage prepaid, upon the following: William R. Ellison Teresa L. Ellison 11 Silver Spring Road Mechanicsburg, PA 17050 William R. Ellison 12 A Ridgeland Lane, Apt T2 Camp Hill, PA 17011 Teresa L. Ellison 546 Walton Avenue #E Hummelstown, PA 17036 McCABE, WE SB RG AY, P.C. By: Andrew L. M. owitz, Esquire McCABE, WEISBERG AND CONWAY, P.C. By: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 (215) 790-1010 BANK OF AMERICA, N.A. Plaintiff v. WILLIAM R. ELLISON -and- TERESA L. ELLISON Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2012-1525 Civil ORDER AND NOW, this 2"! day of CV) .t- , 2014, upon consideration of Plaintiff's Motion to Amend Judgment for Reassess Damages ("the petition") in this matter, it is hereby ORDERED that: 1) a RULE is hereby issued against Defendants, WILLIAM R. ELLISON and TERESA L. ELLISON to show cause why the Plaintiff, BANK OF AMERICA, N.A., is not entitled to the relief requested; 2) the respondents WILLIAM R. ELLISON and TERESA L. ELLISON and any other party in interest shall file an answer to the Petition within twenty (20) days of service upon them; 3) the petition shall be decided under Pa. R. C. P. No. 206.7; :4-. iible rill./ • 4) If an answer is filed to the petition, argument shall be held on the 014, in ourtroom of the Cumberland petitioner. " e • nnsy vama an 5) notice of the entry of this Order shall be provided to all parties by the • BY THE COURT: ty McCABE, WEISBERG & CONWAY, P.C. By Andrew L. Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 Telephone: (215) 790-1010 BANK OF AMERICA, N.A. v. WILLIAM R. ELLISON -and- TERESA L. ELLISON Plaintiff, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2012-1525 Civil MOTION FOR RULE ABSOLUTE r...s r -- G^ cQ Plaintiff, BANK OF AMERICA, N.A., by and through its attorneys, McCabe, Weisberg & Conway, P.C., hereby moves for a Rule Absolute in regard to its Motion To Amend Judgment For Reassessment of Damages in this matter, and in support thereof avers as follows: 1. On May 21, 2014, Plaintiff filed its Motion To Amend Judgment For Reassessment of Damages in this matter. 2. On that same day, May 21, 2014, Plaintiff served copies of such Motion on all Defendants as set forth in the Certificate of Service filed with such Motion. 3. On June 2, 2014, this Court entered an Order and Rule To Show Cause entering a Rule against Defendants to show cause why Plaintiff is not the relief requested by Plaintiff in such Motion should not be granted. Such Rule To Show Cause further directed that such rule was made returnable within twenty (20) days from the date of such Order, that is, on or before June 22, 2014. 4. On June 6, 2014, counsel for Plaintiff served Defendants with a copy of such Order and Rule to Show Cause. A true and correct copy of the Certificate of Service is attached hereto as Exhibit "A". 5. As of the date of this motion, counsel for Plaintiff has not been served with any answer or response to such motion to reassess damages nor is counsel for Plaintiff aware of any such answer or response having been filed with the court. WHEREFORE, Plaintiff requests this Honorable Court to grant this motion for rule absolute and to issue an Order directing the Prothonotary to reassess damages as set forth therein. Respectfully submitted, McCABE, W : ERG & CO WAY, P.C. By: Andre ' L. ar ow z, Esquire Attorney for Plaint'' f EXHIBIT "A" McCABE, WEISBERG & CONWAY, P.C. By: Andrew L. Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 BANK OF AMERICA, N.A. Plaintiff v. WILLIAM R. ELLISON -and- TERESA L. ELLISON Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2012-1525 Civil CERTIFICATION OF SERVICE .r - C.! co .r - I, Andrew L. Markowtiz, Esquire hereby certify that a true and correct copy of the within Order dated June 2, 2014 on Rule to Show Cause, Rule Return Date - within twenty (20) days of date of service was served on June 6, 2014 by first-class mail, postage prepaid, upon the following: William R. Ellison Teresa L. Ellison 11 Silver Spring Road Mechanicsburg, PA 17050 William R. Ellison 12 A Ridgeland Lane, Apt T2 Camp Hill, PA 17011 Teresa L. Ellison 546 Walton Avenue #E Hummelstown, PA 17036 McCABE, WE ± RG &W,AY, P.C. By: Andrew L. M. owitz, Esquire CS) r McCABE, WEISBERG & CONWAY, P.C. By Andrew L. Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 Telephone: (215) 790-1010 BANK OF AMERICA, N.A. v. WILLIAM R. ELLISON -and- TERESA L. ELLISON Plaintiff, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2012-1525 Civil CERTIFICATE OF SERVICE I, Andrew L. Markowitz, Esquire, counsel for Plaintiff in the within matter, do hereby certify that on the 9th day of July, 2014, I served copies of the foregoing Motion for Rule Absolute and Proposed Order by placing the same in the United States mails, first-class, postage prepaid, addressed to the following person(s): William R. Ellison Teresa L. Ellison 11 Silver Spring Road Mechanicsburg, PA 17050 William R. Ellison 12 A. Ridgeland Lane, Apt T2 Camp Hill, PA 17011 Date: July 9, 2014 Teresa L. Ellison 546 Walton Avenue #E Hummelstown, PA 17036 Andrew L. Mar owitz, Esqui McCABE, WEISBERG & ?ONWAY, P.C. Attorneys for Plaintiff BANK OF AMERICA, N.A. COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY v. No. 2012-1525 Civil WILLIAM R. ELLISON '�`r; c� -and- co TERESA L. ELLISON ' Defendants. ORDER AND NOW, this /L day of q..4.1 , 2014, upon due consideration of Plaintiffs Motion For Rule Absolute, and any response thereto, it is hereby ORDERED and DECREED that said Motion be and the same is hereby GRANTED, and it is hereby ORDERED and DECREED that Plaintiff's Motion To Amend Judgment For Reassessment of Damages in this matter is GRANTED and the Prothonotary is directed to reassess damages in favor of Plaintiff in this matter as follows: Principal: $ 122,280.88 Interest(through 05/07/2014) $ 16,554.62 @ $15.92 per diem Escrow Advances $ 13,577.61 Corporate Advance $ 4,894.26 Property Repairs/Maintenance $ 1,510.00 REASSESSED DAMAGES $ 158,817.37 . AL. J. Co?iES /72-4 Lek R.4_ k I. jyaowd2 W. a.i Sox) `T. a LU soi 7lit•py SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OF:CuOFTP SKSR1FF THE PROTHONOTAj y 2014 OCT 30 PM 12:34 CUMBERLAND COUNTY PENNSYLVANIA Bank of America N.A. vs. William R. Ellison (et al.) Case Number 2012-1525 SHERIFF'S RETURN OF SERVICE 04/01/2013 05:03 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, and Sale Handbill in the above titled action, upon the property located at 11 Silver Spring Road, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 05/31/2013 As directed by Marc S. Weisberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013 06/13/2013 Recieved 2 copies of Notice of Sheriffs Sale from Attorney this date with instructions to attempt service upon both defendants at: 12 A Richland Lane, Apt T2, Camp Hill, PA 17011. Cab. 07/12/2013 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: Teresa L. Ellison, 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 12 A Richland Lane, Apt T2, Camp Hill, PA 17013, defendant left forwarding address of: 234 W Locust Street, Apt B, Mechanicsburg, PA 17055. 07/12/2013 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: William R. Ellison, 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 12A Richland Lane, Apt T2, Camp Hill, PA 17011, defendant left forwarding at the post office of: 2909 Colombiana Ct, Apt B, Vestavia, AL 35216, per Richard Daugherty, Legal Assisstant to Attorney McCabe, defendant will be served by process server. 07/29/2013 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: Teresa L. Ellison, 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 234 West Locust Street, Apt B, Mechanicsburg, PA 17055, current resident has been there six months, does not know of Teresa L. Ellison. 07/30/2013 As directed by Marc S. Weisberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013 09/30/2013 As directed by Marc S. Weisberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/4/2013 11/26/2013 As directed by Marc S. Weisberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/12/2014 03/12/2014 As directed by Marc S. Weisberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/7/2014 05/07/2014 As directed by Marc S. Weisberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 08/06/2014 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, 1 Courthouse Square, Carlisle, PA on August 06, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Terrance McCabe, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,217.72 October 15, 2014 6. .sem p (c) Cour tvSu to S'�eri1 3/ 'eleoscft, Lric. SO ANSWERS, RONZ ANDERSON, SHERIFF On March 8, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as 11 Silver Spring Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 8, 2013 By: (hae_A_)100-of Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2012-1525 Civil BANK OF AMERICA, NATIONAL ASSOCIATION vs. WILLIAM R. ELLISON, Teresa L. Ellison Atty.: Marc S. Weisberg 11 Silver Spring Road, Mechanics- burg, Pennsylvania 17050. ALL THAT CERTAIN piece or parcel of land, situate in the Town- ship of Silver Spring, Cumberland County, Pennsylvania, bounded and described in accordance with a sur- vey and Plan thereof made by D.P. Raffensperger, Registered Surveyor, dated August 26, 1964, as follows: BEGINNING at a point in the for- mer center line of Legislative Route 21051 (Silver Spring Road), said point being 2,030.60 feet North of the center line of Brandy Lane, said point also being at the northeast corner of lands now or formerly of John F. Howe; thence along lands now or formerly of John F. Howe, North 81 degrees West, 200 feet to a point; thence North 09 degrees East, 75 feet to a point at lands now or formerly of Stanley B. Szczypta; thence along lands now or formerly of Stanley B. Szczypta, South 81 degrees East, 200 feet to a point on the former center line of Legislative Route 21051; thence along the same, South 09 degrees West, 75 feet to the point of BEGINNING. HAVING THEREON ERECTED a split level brick and frame dwelling house known and numbered as 11 Silver Spring Road, Mechanicsburg, Pennsylvania. RB5678 11 Silver Spring Road, Mechanicsburg, Pennsylvania 17050. BEING the same premises which GEOFFREY N. MAIMAN AND DIANE M. MAIMAN by deed dated October 27, 2000 and recorded November 1, 2000 in the office of the Recorder in and for Cumberland County in Deed 29 Book 232, Page 1138, granted and conveyed to William R. Ellison and Teresa L. Ellison in fee. TAX MAP PARCEL NUMBER: 38- 21-0287-058. 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: April 12, April 19 and April 26, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 6 da of Aril 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriotXcws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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. 2012-1525 CMI NK OF AMERICA, NATION L ASSOCIATION vs. WILLIAM R. ELLISON Teresa L. Ellison Atty; Marc S. Weisberg 11 Silver Spring Road, Mechanicsburg, Pennsylvania 17050 ALL THAT CERTAIN piece or parcel of land, situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and Plan thereof made by D.P. Raffensperger, Registered Surveyor, dated August 26,1964, as follows: BEGINNING at a point in the former center line of Legislative Route 21051 (Silver Spring Road), said point being 2,030.60 feet North of the center line of Brandy Lane, said point also being at the northeast corner of lands now or formerly of John F. Howe; thence along lands now or t t formerly of John E Howe, North 81 degrees 1 West, 200 feet to a point; thence North 09 degrees East, 75 feet tOrNiiiraTrands now I 1 or formerly of Stanley B. Szczypta; thence along lands now or formerly of Stanley B. C� mynta. South Si de reec Fact PO- - This ad ran on the date(s) shown below: 04/16/13 04/23/13 04/30113 Sworn to and subscribed before me this 13 day of May, 2013 A.D. Nota'ry Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said grantee on the 6th day of August A.D.; 2014, under and by virtue of a writ Execution issued on the 12th day of February, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 1525, at the suit of Bank of America N A against William R & Teresa L Ellison is duly recorded as Instrument Number 201424918. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3o--(Iday of , A.D. Q (tI )14 4:44 � Recorder of Deeds Recor ? eeds, Cumberland County, Carlisle, PA My Co mission Expires the First Monday of Jan. 2018