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HomeMy WebLinkAbout13-1384 "I PHELAN HALLINAN, LLP Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE COURT OF COMMON PLEAS BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. CIVIL DIVISION FOR RAMP 2004 -KR I CIO OCWEN LOAN SERVICING, LLC TERM 1100 VIRGINIA DRIVE P.O. BOX 8300 NO. FORT WASHINGTON, PA 19034 CUMBERLAND COUNTY Plaintiff V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED 60 ASHFORD DRIVE ENOLA, PA 17025 -2320 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 3 10284 I. Plaintiff is THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004-KR I C/O OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY,DECEASED 60 ASHFORD DRIVE ENOLA, PA 17025-2320 who is/are the real owner(s) of the property hereinafter described. 3. On 12/16/2003 FRANCIS H. MCELHENNY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1850, Page 1987. By Assignment of Mortgage recorded 05/18/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200916275.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File#: 310284 5 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/27/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 10/18/2012: Principal Balance $79,158.81 Interest $2,580.66 Deferred Balance $17,000.00 04/27/2011 to 10/18/2012 Late Charges $146.70 Property Preservation $35.00 Escrow Deficit $3,042.72 TOTAL $101,963.89 7 Plaintiff is not seeking a judgment of personal liability (or an in persona m judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. The mortgage premises are vacant and abandoned. 9. EILEEN L. MCELHENNY was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of EILEEN L. MCELHENNY's death on or about 10/03/1999, her ownership interest was automatically vested in the surviving tenant by the entirety. 10. Mortgagor FRANCIS H. MCELHENNY died on 05/26/2012 and, upon information and belief, his surviving heir(s) is JAMES MCELHENNY. File#: 310284 11. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 12. By executed waiver(s), JAMES MCELHENNY waived his right to be named as a defendant in the foreclosure action. Said waiver(s) is/are attached as Exhibit" A ". 13. Plaintiff hereby releases FRANCIS H. MCELHENNY and EILEEN L. MCELHENNY, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $101,963.89, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLIN LLP By: Allis .�tiff, Esq., Id. No.309519 A rne File#: 310284 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the southern side of Ashford Drive (50 feet wide) at the northwestern corner of Lot No. 49 on the hereinafter mentioned plan of lots; thence by lot No. 49 South 9 degrees 22 minutes 30 seconds East a distance of one hundred forty (140) feet to a point at Lot No. 19; thence by Lot No. 19 South 80 degrees 37 minutes 30 seconds West a distance of Twenty-eight and fifty hundredths (28.50) feet to a point at Lot No. 47; thence by Lot No. 47 North 9 degrees 22 minutes 30 seconds West a distance of one hundred forty (140) feet to a point on the southern side of Ashford Drive; thence by Ashford Drive North 80 degrees 37 minutes 30 seconds East a distance of twenty-eight and fifty hundredths (28.50) feet to a point, the place of BEGINNING. BEING Lot No. 48 on a Final Resubdivision Plan for Robert D. and Donna R. Leisenring, his wife, made by D. P. Raffensperger Associated, February 15, 1984, and recorded in Cumberland County Plan Book 45, Page 100. CONTAINING 3,990 square feet. HAVING THEREON ERECTED a townhouse known and numbered as NO. 60 Ashford Drive. Pile#: 310284 UNDER AND SUBJECT to a 10 foot access easement across the rear of the lot and along the western side thereof and a 20 foot setback lone along the front of the lot and the other conditions more fully set forth on the said Plan. BEING the same premises which Scot Leisenring, Keith Leisenringand Brian Leisenring, partners, t/d/b/a, by Deed dated 04/22/86 and recorded 04/23/86 in Cumberland County Record Book 31- V, Page 535, granted and conveyed unto Francis H. McElhenny and Eileen L. McElhenny, in fee. Parcel No: 09-13-1002-371 PROPERTY ADDRESS: 60 ASHFORD DRIVE,ENOLA,PA 17025-2320 PARCEL#09-13-1002-371 File#: 310284 WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION 1, JAMES MCELHENNY, Heir of FRANCIS H. MCELHENNTY, Deceased, hereby, acknowledge that I may have an ownership interest in the property located at 60 ASHFORD DRIVE, ENOLA, PA 17025-2320, in accordance with Section 301(b) of the Penniybiziiiia Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.11. 1141 et seq., which may be instituted by THE BANK OF NEW YORK MELLONTRUST CO'V!P.ANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPAN Y, NA. SUCCESSOR TO JPMTORGAN CHASE BANK N.A. FOR RAMP 2004-KRI, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the inortgaged premises will be divested upon completion of the foreclosure action. I do retain any mid all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriffs sale of the mortgage premises. Date: JAMES MCELIIENNY, Heir of FRANCIS 11, MCELHENNY, Deceased VERIFICATION 5' d , hereby states that he/she is � f(�(%� of OCWEN LOAN SERVICING, LLC, servicing agent for Plaintiff in this matter, that he/she 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 his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. �F Tanya Renee Raysor- instead DATE: r� f OCWEN LOAN SERVICING, LLC Servicing Agent for Plaintiff File#: 310284 Name: Pik:#: 310284 FORM 1 IN THE COURT OF COMMON PLEAS THE BANK OF NEW YORK MELLON TRUST OF CUMBERLAND COUNTY, PENNSYLVANIA COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004-KRI Plaintiff(s) vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First, within twenty(20)days of your receipt of this notice, you must contact MidPenn Legal Services at(717)243- 9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date liso c e an, Esq., Id. 09519 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: 'Zip: Is the property for sale? Yes ❑ No❑ Listing date: Price: $ __ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: _ Phone Numbers: Home: Office: Cell: Other: _ Email: #of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: _ Cell: Other: _ Email: _ #of people in household: How long? First Mortgage Lender: _ Type of Loan: _ Loan Number: Date You Closed Your Loan: Second Mortgage Lender: _ Type of Loan: _ Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance:_ Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No❑ If yes,provide names, location of court, case number& attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles, boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. _ Monthly Gross Monthly Net 2 _ Monthly Gross Monthly Net 3. _ Monthly Gross Monthly Net Additional Income Description(not wages): 1 monthly amount: monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2°d Mortgage Utilities _ Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) _ Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV _ Child Su ort/Alim. Spending Money_ Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income& Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) assistance? Yes ❑ No❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: fie, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 File#: 310284 FILED-OFFICE OF THE PROTHONOTARY 2011M yj _0 A,N 10: 03 CUIMBERL AND COUNTY Phelan Hallinan,LLP PENNSYLVANIA 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff THE BANK OF NEW YORK MELLON TRUST COURT OF COMMON PLEAS COMPANY,NATIONAL ASSOCIATION FKA CIVIL DIVISION THE BANK OF NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN NO. 13-1384-CIVIL CHASE BANK N.A. FOR RAMP 2004-KRI CUMBERLAND COUNTY vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004-KRI, respectfully requests that this Honorable Court enter an ORDER granting Plaintiffs Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. The property located at 60 ASHFORD DRIVE, ENOLA, PA 17025 is owned by FRANCIS H. MCELHENNY and EILEEN L. MCELHENNY, as tenants by the entireties by virtue of a deed dated April 22, 1986 and recorded April 23, 1986 in Book V31, Page 535, of the CUMBERLAND County Recorder of Deeds Office. 310284 2. EILEEN L. MCELHENNY was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of EILEEN L. MCELHENNY's death on or about October 3, 1999,her ownership interest was automatically vested in the surviving tenant by the entirety. 3. On December 16, 2003, FRANCIS H. MCELHENNY made, executed, and delivered a mortgage upon the premises at 60 ASHFORD DRIVE, ENOLA, PA 17025-2320. 4. The loan is in default as payments due May 27, 2012 and each month thereafter are due and unpaid. 5. Real Owner FRANCIS-H. MCELHENNY died on May 26, 2012. 6. Plaintiff received a letter dated July 25, 2012 from Robert P. Church, Esquire, attorney for Captain JAMES MCELHENNY. He informed Plaintiff that Captain MCELHENNY is the brother and sole surviving next-of-kin of FRANCIS H. MCELHENNY. He informed Plaintiff that Captain MCELHENNY did not intend to raise an estate for the decedent. He also included in his letter, a copy of the death certificate for FRANCIS H. MCELHENNY. A redacted copy of said letter, with the death certificate included, is attached hereto, made part hereof, and marked as Exhibit"A". 7. Plaintiffs representative contacted the Register of Wills of CUMBERLAND County and confirmed that no estate has been raised on behalf of the decedent mortgagor. 8. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate any additional possible heirs of FRANCIS H. MCELHENNY. Plaintiff did not confirm any additional heirs in its investigation. Attached hereto, marked as Exhibit "B", is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 310284 9. By letters dated December 18, 2012, Plaintiff attempted to contact JAMES MCELHENNY and any possible heirs of FRANCIS H. MCELHENNY to inform them of the foreclosure and to request heir information. Attached hereto, marked as Exhibit"C", are true and correct copies of said letters. 10. Upon information and belief, the surviving heir at law and next-of-kin of FRANCIS H. MCELHENNY is JAMES MCELHENNY. 11. By letter dated January 9, 2013, Plaintiff contacted JAMES MCELHENNY to inform him of the foreclosure action. Plaintiff attached with its letter, a Waiver by Heir of Right to be Named as a Defendant in the Foreclosure Action. Plaintiff also requested information regarding the heirs of FRANCIS H. MCELHENNY. Attached hereto, marked as Exhibit "D", is a true and correct copy of Plaintiffs letter. 12. By executed waiver, JAMES MCELHENNY waived his right to be named as a defendant in the foreclosure action. Said waiver is attached as Exhibit"E". 13. On March 15, 2013, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit 'T' is a true and correct copy of the Complaint in Mortgage Foreclosure. 14. Plaintiff named as a defendant, the unknown heirs, successors, assigns, and all persons, firms or associations claiming right, title or interest from or under the decedent record owner in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriffs auction. See Exhibit"F" 310284 15. Because there may be parties with an interest in the mortgaged premises that are unknown,Plaintiff must effectuate service through Special Order of Court. 16. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that no Judge has previously entered a ruling in this case. 17. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on April 23, 2013, and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto,made part hereof, and marked as Exhibit 11G.11 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by regular mail, by posting of the mortgaged premises, and by publication. Respectfully submitted, PHELAN HALLINA I LLP Dat By�'- V - n F. Zuck �an, Esq., Id.No.309519 Attorney e for Plaintiff 310284 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff THE BANK OF NEW YORK MELLON TRUST COURT OF COMMON PLEAS COMPANY,NATIONAL ASSOCIATION FKA CIVIL DIVISION THE BANK OF NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN NO. 13-1384-CIVIL CHASE BANK N.A. FOR RAMP 2004-KRI CUMBERLAND COUNTY vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). 310284 Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation that has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit`B", is a copy of the Affidavit of Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer Diehl, 130 Pa.Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff's sale. Title companies customarily require. foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. Finally, Plaintiff is seeking only to enforce an in rem judgment through the foreclosure of the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the requested relief. PHELAN HALLINA LLP Date: By: Al ' on u rman, Esq., Id. No.309519 ttorney or Plaintiff 310284 r f Exhibit "A" idontitier:7437310576 DOC Type:A UZ a s b 1 KEEFER WOOD ALLEN & RAHAL, LLP ATTORNEYS AT LAW 210 WALNUT STREET P.O.BOX 11863 OF couNSEt.t ROBERT FL CHURCH HARRISBURG,PA 17108-1963 N.CHARLES Phone:(717)266-8059 F-STARLiSH20 IN 1678 CHARLES W.Rus6NDAll Ir ; Fax:(717)265-8060 ,,,-,,, rchurch @keeferwood.com July 25,2012 GMAC Mortgage Loan Servicing 3451 Hammond Avenue Waterloo,IA 50702 Re: Francis H.McElhenny,decea GMAC or Mee Account Dear Sir or Madam: This Tit n represdift Captain Ja -;P.MoEli enny,Jr.1.6e brother and"'Sol surviving sae t�gf lcir►of`your"lit a oyvet`J?i n'cis.I . c�D-lbdnl iy,:.Tor your records and infnrtuation,I enclose an axi final l3 atli Cezflftoftfi fbt I'ipneis 11 Moplbenny,who died z�ay 26,.2012 in Cumberl4nd..County,Pewsjrlvanla; Based upon available information,it appears that the decedent died intestate,i.e.,without a Will. It also appears:that the decedent's:ltome;60 Ashford Drive,in Enola,Pennsylvania,was his only<signiECaztt asset. This property is.encumbered by a first mortgage to GMAC,the current balance O'f which I understand is apprOXIMAtely$96,000. : My client,Captain McElhenny,has asked me to`inform you that he aloes bot;intend io"do anything further concerning his late brother's affairs. Captain MoE]bonny;biis t&6ady padd for his brother's funeral and cremation and also obtained the mall-balance of his late��iother's Metro Bank account to cover those funeral costs,as permitted by Section 3101(b)of the Pennsylvania Probate,Estates and Fiduciaries Code,20 Pa.C.S. §3101(b). If for any reason you need to contact Captain McElhenny,his address is as follows: Capt.James P.McBlhenny,Jr.,USN,ret. 3863 N. 157rh Avenue Goodyear,AZ 85395 If your company sbouid desire to be epl olnted.ts Alministrator of the)9stataof Francis H,McElhenny,deceased,as permitted.by.PeiSnsy(vaoia probate law,Captain McElhenny,has told me that he is vrilling#o°sign a Renunciation for that purpose. Identiiler:7437310576 DOO 7WwASUM 1 , 1 . OMAC Mortgage Loan Servicing July 25,2012 Page 2 I assume your company will probably now take action to foreclose the mortgage on the decedent's above-described residence,as is your right to do. Please contact Captain McElhenny if you have any further questions about this case. Very truly yours, KEEPER WOOD ALLEN&RAHAL,LLP i By: . Robert R. Church,Esq. RRC/kpf Enclosure cc: Captain James P.McElhenny,Jr.,USN,ret.(w/o encl.) rdentiflor:1637310576 Doo 4ype:ASUM LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING:it Is Illegal to duplicate this copy by photostat or photograph. Fee for this certificate,$6+00 This is to certify That:ilia iittrozmation"here given is �H Ey correctly copied from an original Certificate of beach duty filed.with mo as T.ocel Registrar.The original { certificate •tvili be forwarded to the :State Vital - Retards Office for permanent filing, P 18488036 * 9j�t '� � �t+ ir: r :�u�� 6 -/2012 Certification Number ENr Local Registrar Date Issued ; f -v.Yp.m Inttn OOMMONWItAUTN Of PCHN6YLVANIA•ONARTM BUY OP WALTN•V?ALR{CORO{ PIVYnohbnY GU RT.iFICATra OF DCAi:H. 3,.itn.+.Yldn\'s tai._t.Y,i slllrtb Id ,_ 1 ! •YY NYIlfA•r - - e O.. 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WM ma _ . -n.p rr_r+O, ,I•e n.. ,t. i•m f>Ai O[ 07p'4 ail r - e Fro tPYitl IMP uayrvei T•fi P n -f nn I•pstr r1 tt tilFn -. ,„ rn - n une. ZtaA1:2 IS O4a x,OL1 iLr 1 v ..n.M.� �' ' t3t•1t �`itoa�.�.ic3t r�Tntt:')a asT S. Bt•'ot+e)I:. Aa&xil Cur.uzLeY ' •A flM,nts f . ����� Ittox•s.a ou{o.roen P..rnh TJe ntlY 6T/lo>.t n V '� s� •!mil ,.. .. AFFIDAVIT OF GOOD FAITH INVESTIGATION • e File Number: 310284 f Attorney Firm: Phelan,Hallinan&Schmieg,LLP Subject: Francis H.McEffienny Property Address: 60 Ashford Drive,Enola,PA 17025 f I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER ' s Our search verified the following information to be true and correct s Francis I J.McElhenny-xxx-xx- B. EMPLOYMENT SEARCH Francis I-l.McElhenny-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS S Our inquiry of creditors indicated that Francis H.McElhenny reside(s)at:60 Ashford Drive,Enola,PA 17025. s` I.I.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for Francis H.McElhenny. B. On 11-08-12 our office made several telephone calls to a possible phone number of the subject(s) (717)240-6100 and received the following information:no answer.On 11-08-12 our office made a telephone call to a possible phone number of the subject(s) (71.7)737-5825 and received the following information:wrong nuumber•On 11-08-12 our office made a telephone call to a possible phone number of the i subject(s) (717)732-5477 and xeceived the following information:wrong number. Our office was unable to locate any heir for Francis H.McElhenny. s 11I.OBITUARY SEARCH A. Attempted to find obituary via http://oa.newsbank.coin. B. Our results found nothing.. C. Attempted to find obituary via htip://www.legacy.com/NS/obitfinder/obituary- search.aspx. D. Our results found nothing. IV.INQUIRY OF HEIRS AND NEIGHBORS On 11-08-12 our office was unable to locate any relative for Francis H.McElhenny. On 11-08-12 our office made several phone calls in an attempt to contact Matthew A. Kressley,neighbor of the subject at(717)732-6843,57 Ashford Drive,Enola,PA 17025: answering machine. On 11-08-12 our office made several phone calls in an attempt to contact Neoma Y. Pack,neighbor of the subject at(717)732-4924,63 Ashford Drive,Enola,PA 17025: answering machine. On 11-08-12 our office made several phone calls in an attempt to contact Linda). Moorhead,neighbor of the subject at(717) 732-0302,56 Ashford Drive,Enola,PA z 17025:answering machine.Our office was unable to locate any heir for Francis H. McElhenny. V.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 11-08-12 we reviewed the National Address database and found the following information:Francis H.McElhenny-60 Ashford Drive,East Pennsboro,PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. i VI.OTHER INQUIRIES A. DEATH RECORDS i As of 11-08-12 Vital Records and all public databases have a death record on file for Francis H. McElhenny. t VII.ADDITIONAL INFORMA'T'ION OF SUBJECT A. YEAR OF BIRTH Francis H. McElhenny-1941 8. DATE OF DEATH Francis H.McElhenny-05-26-2012 "Our accessible databases have been checked and cross-referenced for the above named individual(s). Please be advised our database information indicates the subject resides at the , current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S.Sec.4904 relating to unsworn falsification to authorities. QMet� The above information is obtained from available public records and we are only liable for the cost of the affidnvit. Y 3 i V 3 N 1 Exhlobit "C" F PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Pbiladelphin,PA 19103 215-324.0007,Ext. 1241 Fax:215-563-3352 December 18,2012 JAMES MCELHENNY 3863 N 157TI-I AVE GOODYEAR,AZ 85395-8744 RE: FRANCIS H.MCELHENNY;60 ASHFORD DRIVE,ENOLA,PA 17025-2320; GMAC MORTGAGE,LLC;PHS#310284 s f Dear Sir/Madam, KIndly be advised that the Law Offices of Phelan 11allinan,LLP-, 4prai0t T13).BANK OF NEW z YORK MELLON TRUST COMPANY,NATIONAL ASSOCIAT1b*9f1(A 111121"'A NK?OFN;EW ; YORK TRUST COMPANY,N.A.SUCCESSOR TO JPMORGAN C.MASFs DANKMA.FORRAMP 2004-KR 1,the holder of the mortgage against the abovo-referenced mortgaged premises.Our office has been retained to bring a foreclosure action. Our office has boon informed that FRANCIS H.MCELHENNY,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact FRANCIS H. MCELHENNY'S next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon FRANCIS H.MCELHENNY'S death under 20 Pa.C.S.A. §301(6). If you are an heir of FRANCIS H.MCELH.ENNY or have any information regarding the heirs of FRANCIS H.MCEL11ENNY,please contact a representative of our.firm's Decedent Department at(215) 320-0007,Ext. 1241.'vitlilr.rseven,' days of the date of this correspondence. Sincerely, Allison V. it �1�j6d cS30t?5i:9 t !; Attorney for 1?Ifill) This firm i.s a debt eoilootor,-Any information we receive will be used for that purpose.Uyour personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320-0007,Ext.1241 Fax:215-563-3352 December 18,2012 Occupants&Possible Heirs Of FRANCIS H.MCELHENNY,Deceased 60 ASHFORD DRIVE ENOLA,PA 17025-2320 RE: FRANCIS H.MCELHENNY;60 ASHFORD DRWE,ENOLA,PA 17025-2320; GMAC MORTGAGE,LLC;PUS 0 310284 i Dear Sir/Madam, Kindly be advised giat the Law Offices of Pho3an Iia113tian,I;L;P;Opresent THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL,1?►S801b 'T10147KA THE BANK OF NEW YORK TRUST COMPANY,N.A.SUCCESSOR TO'!1?M&G—AN-CHASE BANK N.A.FOR RAMP 2004-KR 1,the holder of the mortgage against the above-referenced mortgaged premises.Our office has been retained to bring a foreclosure action. Our office has been informed that FRANCIS H.MCELHENNY,an owner of the mortgaged premises,has unfortunately passed away.We are attempting to identify and contact FRANCIS H. MCELHENNY'S next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon FRANCIS H.MCELHENNY'S death under 20 Pa.C.S.A. §301(b). If you are an heir of FRANCIS II.MCELHENNY or have any information regarding the heirs of FRANCIS H.MCELHENNY,please contact a representative of our firm's Decedent Department at(215) 320-0007, zXJ 1' :1 within seven days of the date of this correspondence. Siricitcly. ;lltls7t [i W�ilsrl,,. li aVh:3(}9 9 IM 4�r This firm is a debt eollector. Any information we receive will be used for that purpose.If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage,,'' s. s � i Y f j f j � f i P 4 Exhibit "D" PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)320-0007,Ext.1241 Fax:215-563-3352 January 9,2013 JAMES MCELHENNY,Heir of FRANCIS 11,MCELHENNY.,Deceased 3863 N 157TH AVE GOODYEAR,AZ 85395-8744 RE; FRANCIS IL MCELHENNY;60 ASHFORD DRIVE,ENOLA,PA 17025-2320; GMAC MORTGAGE,LLC;PHS#310284 , Dear Sir/Madam(s); Kindly be a6ised:that the.Law btficps oi":Phclta�i Hatllinan,LLP.zepresent TB-13,1!AjNK: °OF NEW'YORK MELLON TRUST CONVANY,btATIONAL ASSO.CIATioN f<A'*rfiE, BANK-OF.NEW 'YORK TRUST COMPANY,N.A. SI�CCt�SSO'R TO J11MORGAN CJ I S E. n ANK N.A;FOR RAmp 2064-K.R1 the Bolder of the mortgage against the above=reference+ mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed of FRANCIS H.MCELHENN'Y's unfortunate death. We are sorry for your loss. As is possible lioir of Irtt,ANC1 H:MCFLIIENNY,you muy,have to vested aowitership interest in the mortgaged prenillses ttpon his,death undev 2tl Pa.C.S.A,. §301(b). As such;.Iaen.imylvatatiaa law requires that you,be included ss a defendant solely in yotfr caapaclty as heir in.ordor to complete the foreclosure._ Please he advised that you are not personally liable for the.delft;as you did not errecute#he>wortgnge or note. t This letter-serves to Safford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen(14)days of the date of this correspondence. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However,if tihe'Waiver is not timely returned and it is believed that you acre an beir..ofthe decedent,then our ogee may have no choice but-to name you.as a defendant in'the action in order,to divest any ownership interest you may have in the property. Our Office also requests that you please provide us with any additional heir information for FRANCIS H.MCELHENNY,Deceased. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject *This firm is a do'bt collector. Any information wo receivo will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate scoured by the mortgage. premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this rnatter. yati t�+oxxlti Iilce trt eque t a y i or instatbtrrcn# . . e 15G3dotpeMl<2S Depar e xtiar questio- ns 7t( Z,'ttticl as for fi �Foroctoqu l t r y " rgarlfz�g.tis l ##i�r, lea contact a�ircliriehtativc c� c�#firrxrts lccic�Rf: epartment at ( x o= d.tt�,1x , rxaf i Zvlelissa J.Cantwell,Esq.,Id,No.308912 i Attorney for Plaintiff i t t i t F f *This firm is a debt collector. Any.intoMrtrCion z receivo w.ili:be used i'or ti#a#=purpose I#'your, personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. FILED-OFFICE OF THE PROTHONOTARY 2011M yj _0 A,N 10: 03 CUIMBERL AND COUNTY Phelan Hallinan,LLP PENNSYLVANIA 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff THE BANK OF NEW YORK MELLON TRUST COURT OF COMMON PLEAS COMPANY,NATIONAL ASSOCIATION FKA CIVIL DIVISION THE BANK OF NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN NO. 13-1384-CIVIL CHASE BANK N.A. FOR RAMP 2004-KRI CUMBERLAND COUNTY vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004-KRI, respectfully requests that this Honorable Court enter an ORDER granting Plaintiffs Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. The property located at 60 ASHFORD DRIVE, ENOLA, PA 17025 is owned by FRANCIS H. MCELHENNY and EILEEN L. MCELHENNY, as tenants by the entireties by virtue of a deed dated April 22, 1986 and recorded April 23, 1986 in Book V31, Page 535, of the CUMBERLAND County Recorder of Deeds Office. 310284 2. EILEEN L. MCELHENNY was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of EILEEN L. MCELHENNY's death on or about October 3, 1999,her ownership interest was automatically vested in the surviving tenant by the entirety. 3. On December 16, 2003, FRANCIS H. MCELHENNY made, executed, and delivered a mortgage upon the premises at 60 ASHFORD DRIVE, ENOLA, PA 17025-2320. 4. The loan is in default as payments due May 27, 2012 and each month thereafter are due and unpaid. 5. Real Owner FRANCIS-H. MCELHENNY died on May 26, 2012. 6. Plaintiff received a letter dated July 25, 2012 from Robert P. Church, Esquire, attorney for Captain JAMES MCELHENNY. He informed Plaintiff that Captain MCELHENNY is the brother and sole surviving next-of-kin of FRANCIS H. MCELHENNY. He informed Plaintiff that Captain MCELHENNY did not intend to raise an estate for the decedent. He also included in his letter, a copy of the death certificate for FRANCIS H. MCELHENNY. A redacted copy of said letter, with the death certificate included, is attached hereto, made part hereof, and marked as Exhibit"A". 7. Plaintiffs representative contacted the Register of Wills of CUMBERLAND County and confirmed that no estate has been raised on behalf of the decedent mortgagor. 8. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate any additional possible heirs of FRANCIS H. MCELHENNY. Plaintiff did not confirm any additional heirs in its investigation. Attached hereto, marked as Exhibit "B", is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 310284 9. By letters dated December 18, 2012, Plaintiff attempted to contact JAMES MCELHENNY and any possible heirs of FRANCIS H. MCELHENNY to inform them of the foreclosure and to request heir information. Attached hereto, marked as Exhibit"C", are true and correct copies of said letters. 10. Upon information and belief, the surviving heir at law and next-of-kin of FRANCIS H. MCELHENNY is JAMES MCELHENNY. 11. By letter dated January 9, 2013, Plaintiff contacted JAMES MCELHENNY to inform him of the foreclosure action. Plaintiff attached with its letter, a Waiver by Heir of Right to be Named as a Defendant in the Foreclosure Action. Plaintiff also requested information regarding the heirs of FRANCIS H. MCELHENNY. Attached hereto, marked as Exhibit "D", is a true and correct copy of Plaintiffs letter. 12. By executed waiver, JAMES MCELHENNY waived his right to be named as a defendant in the foreclosure action. Said waiver is attached as Exhibit"E". 13. On March 15, 2013, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit 'T' is a true and correct copy of the Complaint in Mortgage Foreclosure. 14. Plaintiff named as a defendant, the unknown heirs, successors, assigns, and all persons, firms or associations claiming right, title or interest from or under the decedent record owner in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriffs auction. See Exhibit"F" 310284 15. Because there may be parties with an interest in the mortgaged premises that are unknown,Plaintiff must effectuate service through Special Order of Court. 16. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that no Judge has previously entered a ruling in this case. 17. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on April 23, 2013, and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto,made part hereof, and marked as Exhibit 11G.11 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by regular mail, by posting of the mortgaged premises, and by publication. Respectfully submitted, PHELAN HALLINA I LLP Dat By�'- V - n F. Zuck �an, Esq., Id.No.309519 Attorney e for Plaintiff 310284 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff THE BANK OF NEW YORK MELLON TRUST COURT OF COMMON PLEAS COMPANY,NATIONAL ASSOCIATION FKA CIVIL DIVISION THE BANK OF NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN NO. 13-1384-CIVIL CHASE BANK N.A. FOR RAMP 2004-KRI CUMBERLAND COUNTY vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). 310284 Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation that has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit`B", is a copy of the Affidavit of Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer Diehl, 130 Pa.Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff's sale. Title companies customarily require. foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. Finally, Plaintiff is seeking only to enforce an in rem judgment through the foreclosure of the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the requested relief. PHELAN HALLINA LLP Date: By: Al ' on u rman, Esq., Id. No.309519 ttorney or Plaintiff 310284 r f Exhibit "A" idontitier:7437310576 DOC Type:A UZ a s b 1 KEEFER WOOD ALLEN & RAHAL, LLP ATTORNEYS AT LAW 210 WALNUT STREET P.O.BOX 11863 OF couNSEt.t ROBERT FL CHURCH HARRISBURG,PA 17108-1963 N.CHARLES Phone:(717)266-8059 F-STARLiSH20 IN 1678 CHARLES W.Rus6NDAll Ir ; Fax:(717)265-8060 ,,,-,,, rchurch @keeferwood.com July 25,2012 GMAC Mortgage Loan Servicing 3451 Hammond Avenue Waterloo,IA 50702 Re: Francis H.McElhenny,decea GMAC or Mee Account Dear Sir or Madam: This Tit n represdift Captain Ja -;P.MoEli enny,Jr.1.6e brother and"'Sol surviving sae t�gf lcir►of`your"lit a oyvet`J?i n'cis.I . c�D-lbdnl iy,:.Tor your records and infnrtuation,I enclose an axi final l3 atli Cezflftoftfi fbt I'ipneis 11 Moplbenny,who died z�ay 26,.2012 in Cumberl4nd..County,Pewsjrlvanla; Based upon available information,it appears that the decedent died intestate,i.e.,without a Will. It also appears:that the decedent's:ltome;60 Ashford Drive,in Enola,Pennsylvania,was his only<signiECaztt asset. This property is.encumbered by a first mortgage to GMAC,the current balance O'f which I understand is apprOXIMAtely$96,000. : My client,Captain McElhenny,has asked me to`inform you that he aloes bot;intend io"do anything further concerning his late brother's affairs. Captain MoE]bonny;biis t&6ady padd for his brother's funeral and cremation and also obtained the mall-balance of his late��iother's Metro Bank account to cover those funeral costs,as permitted by Section 3101(b)of the Pennsylvania Probate,Estates and Fiduciaries Code,20 Pa.C.S. §3101(b). If for any reason you need to contact Captain McElhenny,his address is as follows: Capt.James P.McBlhenny,Jr.,USN,ret. 3863 N. 157rh Avenue Goodyear,AZ 85395 If your company sbouid desire to be epl olnted.ts Alministrator of the)9stataof Francis H,McElhenny,deceased,as permitted.by.PeiSnsy(vaoia probate law,Captain McElhenny,has told me that he is vrilling#o°sign a Renunciation for that purpose. Identiiler:7437310576 DOO 7WwASUM 1 , 1 . OMAC Mortgage Loan Servicing July 25,2012 Page 2 I assume your company will probably now take action to foreclose the mortgage on the decedent's above-described residence,as is your right to do. Please contact Captain McElhenny if you have any further questions about this case. Very truly yours, KEEPER WOOD ALLEN&RAHAL,LLP i By: . Robert R. Church,Esq. RRC/kpf Enclosure cc: Captain James P.McElhenny,Jr.,USN,ret.(w/o encl.) rdentiflor:1637310576 Doo 4ype:ASUM LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING:it Is Illegal to duplicate this copy by photostat or photograph. Fee for this certificate,$6+00 This is to certify That:ilia iittrozmation"here given is �H Ey correctly copied from an original Certificate of beach duty filed.with mo as T.ocel Registrar.The original { certificate •tvili be forwarded to the :State Vital - Retards Office for permanent filing, P 18488036 * 9j�t '� � �t+ ir: r :�u�� 6 -/2012 Certification Number ENr Local Registrar Date Issued ; f -v.Yp.m Inttn OOMMONWItAUTN Of PCHN6YLVANIA•ONARTM BUY OP WALTN•V?ALR{CORO{ PIVYnohbnY GU RT.iFICATra OF DCAi:H. 3,.itn.+.Yldn\'s tai._t.Y,i slllrtb Id ,_ 1 ! •YY NYIlfA•r - - e O.. 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WM ma _ . -n.p rr_r+O, ,I•e n.. ,t. i•m f>Ai O[ 07p'4 ail r - e Fro tPYitl IMP uayrvei T•fi P n -f nn I•pstr r1 tt tilFn -. ,„ rn - n une. ZtaA1:2 IS O4a x,OL1 iLr 1 v ..n.M.� �' ' t3t•1t �`itoa�.�.ic3t r�Tntt:')a asT S. Bt•'ot+e)I:. Aa&xil Cur.uzLeY ' •A flM,nts f . ����� Ittox•s.a ou{o.roen P..rnh TJe ntlY 6T/lo>.t n V '� s� •!mil ,.. .. AFFIDAVIT OF GOOD FAITH INVESTIGATION • e File Number: 310284 f Attorney Firm: Phelan,Hallinan&Schmieg,LLP Subject: Francis H.McEffienny Property Address: 60 Ashford Drive,Enola,PA 17025 f I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER ' s Our search verified the following information to be true and correct s Francis I J.McElhenny-xxx-xx- B. EMPLOYMENT SEARCH Francis I-l.McElhenny-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS S Our inquiry of creditors indicated that Francis H.McElhenny reside(s)at:60 Ashford Drive,Enola,PA 17025. s` I.I.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for Francis H.McElhenny. B. On 11-08-12 our office made several telephone calls to a possible phone number of the subject(s) (717)240-6100 and received the following information:no answer.On 11-08-12 our office made a telephone call to a possible phone number of the subject(s) (71.7)737-5825 and received the following information:wrong nuumber•On 11-08-12 our office made a telephone call to a possible phone number of the i subject(s) (717)732-5477 and xeceived the following information:wrong number. Our office was unable to locate any heir for Francis H.McElhenny. s 11I.OBITUARY SEARCH A. Attempted to find obituary via http://oa.newsbank.coin. B. Our results found nothing.. C. Attempted to find obituary via htip://www.legacy.com/NS/obitfinder/obituary- search.aspx. D. Our results found nothing. IV.INQUIRY OF HEIRS AND NEIGHBORS On 11-08-12 our office was unable to locate any relative for Francis H.McElhenny. On 11-08-12 our office made several phone calls in an attempt to contact Matthew A. Kressley,neighbor of the subject at(717)732-6843,57 Ashford Drive,Enola,PA 17025: answering machine. On 11-08-12 our office made several phone calls in an attempt to contact Neoma Y. Pack,neighbor of the subject at(717)732-4924,63 Ashford Drive,Enola,PA 17025: answering machine. On 11-08-12 our office made several phone calls in an attempt to contact Linda). Moorhead,neighbor of the subject at(717) 732-0302,56 Ashford Drive,Enola,PA z 17025:answering machine.Our office was unable to locate any heir for Francis H. McElhenny. V.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 11-08-12 we reviewed the National Address database and found the following information:Francis H.McElhenny-60 Ashford Drive,East Pennsboro,PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. i VI.OTHER INQUIRIES A. DEATH RECORDS i As of 11-08-12 Vital Records and all public databases have a death record on file for Francis H. McElhenny. t VII.ADDITIONAL INFORMA'T'ION OF SUBJECT A. YEAR OF BIRTH Francis H. McElhenny-1941 8. DATE OF DEATH Francis H.McElhenny-05-26-2012 "Our accessible databases have been checked and cross-referenced for the above named individual(s). Please be advised our database information indicates the subject resides at the , current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S.Sec.4904 relating to unsworn falsification to authorities. QMet� The above information is obtained from available public records and we are only liable for the cost of the affidnvit. Y 3 i V 3 N 1 Exhlobit "C" F PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Pbiladelphin,PA 19103 215-324.0007,Ext. 1241 Fax:215-563-3352 December 18,2012 JAMES MCELHENNY 3863 N 157TI-I AVE GOODYEAR,AZ 85395-8744 RE: FRANCIS H.MCELHENNY;60 ASHFORD DRIVE,ENOLA,PA 17025-2320; GMAC MORTGAGE,LLC;PHS#310284 s f Dear Sir/Madam, KIndly be advised that the Law Offices of Phelan 11allinan,LLP-, 4prai0t T13).BANK OF NEW z YORK MELLON TRUST COMPANY,NATIONAL ASSOCIAT1b*9f1(A 111121"'A NK?OFN;EW ; YORK TRUST COMPANY,N.A.SUCCESSOR TO JPMORGAN C.MASFs DANKMA.FORRAMP 2004-KR 1,the holder of the mortgage against the abovo-referenced mortgaged premises.Our office has been retained to bring a foreclosure action. Our office has boon informed that FRANCIS H.MCELHENNY,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact FRANCIS H. MCELHENNY'S next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon FRANCIS H.MCELHENNY'S death under 20 Pa.C.S.A. §301(6). If you are an heir of FRANCIS H.MCELH.ENNY or have any information regarding the heirs of FRANCIS H.MCEL11ENNY,please contact a representative of our.firm's Decedent Department at(215) 320-0007,Ext. 1241.'vitlilr.rseven,' days of the date of this correspondence. Sincerely, Allison V. it �1�j6d cS30t?5i:9 t !; Attorney for 1?Ifill) This firm i.s a debt eoilootor,-Any information we receive will be used for that purpose.Uyour personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320-0007,Ext.1241 Fax:215-563-3352 December 18,2012 Occupants&Possible Heirs Of FRANCIS H.MCELHENNY,Deceased 60 ASHFORD DRIVE ENOLA,PA 17025-2320 RE: FRANCIS H.MCELHENNY;60 ASHFORD DRWE,ENOLA,PA 17025-2320; GMAC MORTGAGE,LLC;PUS 0 310284 i Dear Sir/Madam, Kindly be advised giat the Law Offices of Pho3an Iia113tian,I;L;P;Opresent THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL,1?►S801b 'T10147KA THE BANK OF NEW YORK TRUST COMPANY,N.A.SUCCESSOR TO'!1?M&G—AN-CHASE BANK N.A.FOR RAMP 2004-KR 1,the holder of the mortgage against the above-referenced mortgaged premises.Our office has been retained to bring a foreclosure action. Our office has been informed that FRANCIS H.MCELHENNY,an owner of the mortgaged premises,has unfortunately passed away.We are attempting to identify and contact FRANCIS H. MCELHENNY'S next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon FRANCIS H.MCELHENNY'S death under 20 Pa.C.S.A. §301(b). If you are an heir of FRANCIS II.MCELHENNY or have any information regarding the heirs of FRANCIS H.MCELHENNY,please contact a representative of our firm's Decedent Department at(215) 320-0007, zXJ 1' :1 within seven days of the date of this correspondence. Siricitcly. ;lltls7t [i W�ilsrl,,. li aVh:3(}9 9 IM 4�r This firm is a debt eollector. Any information we receive will be used for that purpose.If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage,,'' s. s � i Y f j f j � f i P 4 Exhibit "D" PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)320-0007,Ext.1241 Fax:215-563-3352 January 9,2013 JAMES MCELHENNY,Heir of FRANCIS 11,MCELHENNY.,Deceased 3863 N 157TH AVE GOODYEAR,AZ 85395-8744 RE; FRANCIS IL MCELHENNY;60 ASHFORD DRIVE,ENOLA,PA 17025-2320; GMAC MORTGAGE,LLC;PHS#310284 , Dear Sir/Madam(s); Kindly be a6ised:that the.Law btficps oi":Phclta�i Hatllinan,LLP.zepresent TB-13,1!AjNK: °OF NEW'YORK MELLON TRUST CONVANY,btATIONAL ASSO.CIATioN f<A'*rfiE, BANK-OF.NEW 'YORK TRUST COMPANY,N.A. SI�CCt�SSO'R TO J11MORGAN CJ I S E. n ANK N.A;FOR RAmp 2064-K.R1 the Bolder of the mortgage against the above=reference+ mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed of FRANCIS H.MCELHENN'Y's unfortunate death. We are sorry for your loss. As is possible lioir of Irtt,ANC1 H:MCFLIIENNY,you muy,have to vested aowitership interest in the mortgaged prenillses ttpon his,death undev 2tl Pa.C.S.A,. §301(b). As such;.Iaen.imylvatatiaa law requires that you,be included ss a defendant solely in yotfr caapaclty as heir in.ordor to complete the foreclosure._ Please he advised that you are not personally liable for the.delft;as you did not errecute#he>wortgnge or note. t This letter-serves to Safford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen(14)days of the date of this correspondence. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However,if tihe'Waiver is not timely returned and it is believed that you acre an beir..ofthe decedent,then our ogee may have no choice but-to name you.as a defendant in'the action in order,to divest any ownership interest you may have in the property. Our Office also requests that you please provide us with any additional heir information for FRANCIS H.MCELHENNY,Deceased. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject *This firm is a do'bt collector. Any information wo receivo will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate scoured by the mortgage. premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this rnatter. yati t�+oxxlti Iilce trt eque t a y i or instatbtrrcn# . . e 15G3dotpeMl<2S Depar e xtiar questio- ns 7t( Z,'ttticl as for fi �Foroctoqu l t r y " rgarlfz�g.tis l ##i�r, lea contact a�ircliriehtativc c� c�#firrxrts lccic�Rf: epartment at ( x o= d.tt�,1x , rxaf i Zvlelissa J.Cantwell,Esq.,Id,No.308912 i Attorney for Plaintiff i t t i t F f *This firm is a debt collector. Any.intoMrtrCion z receivo w.ili:be used i'or ti#a#=purpose I#'your, personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. • f T e WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I I, A1vI $ivTCELIIENNY,Heir ofsl'1tAI�CIS H.MCFLIIENNY,Deceased,hereby acknowledge that Y xnay havo tin dv!rnersh�patitLimst in thevoropertylocated at GO.ASHrORi) DRTVP, ENOI ,3'"A1168-01 20,riri..accortla�ico w ih.Sectibn 3AI(b)of thePenn ylvania l?ra7hate;' fates;end I`rluclarlca Codc'.[20 I'a:C S.A.,Section 3Ui(b)]. I do hereby waive my } r;gl�f to Uc nand d a tt ticfc ntltttlY iti nSorcc:ltisitrc action as'provided by-Pa-R.C.P. 1141'et seq.,, tlYych nifty bc: tstrlule by I'IiI�rI3t1.NK pr NLW YORKMELLON TRUST C17Iv1PANY, ; I�1'I,IQNAIr tiS50C11�T O P1 A" 1 II/�NI�OFla- �ORK:1f1�U5 'G0MPANY,'N.A. •SUCCE�SOIt TO 7PMORGt�N CI-IASh,I3�N�C N:A 1?()')Z;RAMI'200 K12:1,involving said t pro)ett vv iel property was owiieil.by_the eeedent at the time of his death. f I hereby consent to tie:forcclasuriv action,without any further notice of said action, including but not limited to the Sherr s sale;a fil-understand that any interest I may have in the mortgaged premises will:t~ ziiveskeY: Pon;catipletion of the.foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise f payoff the underlying debt or to make any claim for.exCess proceeds generated by the Sheriff's sale of the mortgage premises. i i Date: _ JAMES 1�?10E1:, NNY;,Heir of FRANCIS H.MCELHENNY,Deceased f i t t 7 J f i i S i S Exhibit "E" WAIVER BY HEIR OF RIGHT TO HE NAMED AS A DEFENDANT IN FORECLOSURE ACTION NAMES MCELH NNY.,II'eir of"M ANCTS H. MCELHENNY,Deceased,hereby acknq`Wledge.tbat I may have an ownership titerest in the property located at 60 ASHFORD s I1PTtIVE;RN'0LA,l'A 170 2.5-2:324,in occur once with Section 301(b)of the Pc insyl variia ` Probate;estates and Piduciaries Code[20 Via.f .S.A. Section 301(b)]. I do boreby waive my s right to tie namc(l is a de-fendhot,iwb,-.roreelo,,,ure action as provided by Pa.R.C.11. 1141 et secl., whi&natty-be Instholcd y. 11-11,BANK.01 NI tV YORK.MELLON 17ZtJST CCNiI ANY, NAVONAL M"80d'ATIU1�43KA 11413 BANK O .NEW y0RK`i'1tUS'r C(I.MMN'Y,N.A. ,SUCCESSOR.` O OMOkO. A14 CHASE 13ANI;MA,FOR RAMP 2OQ4•KRl",:.nvolvingsaid Fropcirl�'- hieli prtipertywas own54 by die-decedent at the tune of his death. ! I hereby consent to:the fbieolou a actian,,without any further notice of said action, i including but not limited'io the Shcrit s's4ie,and understand that any interest 1 may have in the mortgaged premises will be divest/ d`'U' coanpietion of the foreclosure action. I do retaiti=aity:and all rights 1 may have under Pennsylvania law to reinstate or othenvise '. payo:T dic undet fn debtor to snake any claim for execss proceeds generated by the Sheriff's sate of the;xuortgage premises. Date. ,IA70;;N1GET KENNY,Heir ofFRANC.IS H.MCF:LEFNNY,Deceased Exhibit "F" Supreme Ctf1.irt of Pennsylvania f(;t31t1� 101Tltl` 1 Pleas For Prothonotary Use 0>rly: —� [:(Tait is *t. County Docket No: The i.nfnrmation.collected on this form is used solely for court adntinistrarion purposes. Tlils form does oar sn th to<lrtt or-rt(liarat the iatin-g and service,ref yolealin . or other aperrs as arrjnh-e'd.bV-law.or rules al.court, Commencement of Action: ®Complaint ❑Writ of Summons L-3 Petition s 0 Transfer from Another Jurisdiction ❑Declaration of Faking' +, Lead Plaintiffs Name: TPE.I3ANK'OF I4EW YORK I estd.Defcndtint's Name: UNKNOWN HEIRS,SIICCN: SORS, �. MELLON TRUST COMPANY,NATIONAI. ASSIGNS,AND Ai.L PBRSONS,FIRMS,OR ASSOCIATIONS ASSOCIATION FKA THE BANK OF NEW YORK CLAIMING RIGI-rl',T ITLE OR INT EREST FROM OR UNDR R ,TRUST COMPANY,N.A.SUCCLSSOR J'O JPMORGAN FRANCIS H.MCPLHENNY,DECEASED t ?' CIWE TANK N.A.•FOR RA'MP:20t14-KRI: Dollar Amount Requested: 'CI within arbitration limits £ Are money damages requested? ❑'Yes ®No �Chcck ont) ❑O outside,arbitration limits 1 is tlds a Class ActlowSuit? ❑Yes C9 No Is this an MDJ Appeal? ❑Yes No Name of Plaintiff/Appcllant's Attorney: limn F'7-mkcrrria -EkI.,kI.No3D9519 P}} tat Hallinnt I LT? ? i ❑Check here if you have no attorney(arc a Self-Represented(Pro S4]Litigant) _. �}il flu r of the t✓n ; • Place an"X",to the loft of the ONE category that most accurately dcaalbea your PRIMARY CASfs. If you are snaking more than ono typo of clalm,check the one that you consider most Important. TORT(do not include Mass Tort) CONTRACT.(do not iholuile Judgrnents) CIVIL v11'1►I i1�5 U Intentional 0 Buyer Plaintiff Administrative Agencies O Malicious Prosecution ❑Debt Collection Credit Card i 0 Board of Mwornont p Motor Vehicle Ll Debt Collection:Other C7 Board of Elections ❑Motor Nuisance ❑Dept.of Transportation ❑Premisca I.Cabilil Q Standory Appeal:Other Product Liability(runes tint include Matt tort) 0 Emplaysncni Dispute: -- - - ID Slander/Libel/Dornmution Discrimination t� ED Other: 17 Frnploymcnt Dispute:01her U 7oning flo;ird �, ...r O Other-. I • CJ Other: �'kASS TQR'1% - - -_ U 1--I Ashostas T_ N O Tobau:o (J Toxic Tort-DES El Toxic'I'urt-Gnplaitt RriAL PROVER t Y A17SC21.T,ANLUGS O'loxlu Waste 0)1jectment U Common Utw/Statutory Atbinttti,m O Other: 0 Eminent Domain/Candemnation O Declaratory Judgment }I 0 Ground Rent U Mandamus O Landlurd/Tcnnnt Dispute Cl Nun-Domestic Relations (Z\4urtpnge Foreclosure:Resida"60 Restraining Order ❑Mortgage Foret osme:Comrneroiat 0 Quo Wartanto PRUTkSSTONAL IJAI1:1LITY 0 Partition Cl Replevin 177 Dental 0 Quiet Title G Odtar: 0 Legal t7 Other: -» C7 Medical pJ Other Profisslonal: Ptr.R.l.'.P•205.5 �_•,---• - _— -.... _- __._.... ......-._.,......�. ._�r., �- (Ij•:dt,t.v?i;r;irti?CtI FORM I IN'mr.COUI;Vr OF COMMON PLEAS THE BANK OF NEW YORK MELLON TRUST OF CLIMBEXIAND COUNTY,PENNSYLVANIA COMPANY,NATIONAL ASSOCIATION FKA TIM BANK OF NEW YORK TRUST COMPANY,N.A.SUCCESSOR TO IPMORGAN CHASE BANK N.A.FOR RAMP 2004-KRI Plaintiff(s) UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INT REST PROM OR,UNDER FRANCIS H, MCMHENNY,DECEASED Dofendani•s) Civif NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE jDrVERsION PROGRAM ' Yoo have then served with a foreclosure complaint Ghat could cause you to lose your hoine• If you own and live in the residential property which Is the subject of this foreclosure action,you may be.able to pardelpatii In a court-supervised concilltitlorn conference in an effort to resolve this matter With your lender, If you do not have a lawyer,you most take'ft.1611o, #tpp'to be cligible for a cone!)lathwcoqferpfice. First,within twenty(20)days of your receipt of this nolice..yop mint contact.2vli0etiu I cga"Servid6a fit' 17) 9400 extension 2510 or(800)822-5288 extension 251-0 and-re tiest,app, mmit of 416,al ropraph-t4fiva ot-no thittgo: to Yt)ti bne0yOU have l5ein fiPpOittlea klegfifi�e Mugi,promptly meet with that iogd)reptosetitotive. prosen utplc�you 1 williln.--twdoly(16)days n1 .that,rnceii I n$,you.rhus(I)fdvidq the legal I I ' ' I rores en,11q.v"with iili hif6twation solhat,aJaAh Msolution rty btviii if you and ypur legal ftp;" rlifincial wilrknhwa in the fortnat ptwcldd heteto,thei j 494repr 65t~niaoye -wal,prepare And a1ltqijcm,fbk:xiiroilialitin Conference with'tlic.Courk,Which must be filed with the Court within sixty(60)days of Jha,t;crvicarupon yoo,of thortre coinIiIaitit. If you,do so and a conciliation conference is scheduled,you will --havi,aripppo I rtlinit y to ritettt with a rcpr&entAfiyc'df your I der in an attempt to work out reasonable arrangements with.your iefid'cr btrorcffi6 forward. If you are represented by a lawyer,you and your lawyer must take We following steps to be eligible for it conciliation conference,It is not nwessary for you to contact MidPenn Legal Service for the appointment of a legal iv I Nowe tr,,you must provide your lawyer with all requested financial information so that i loco resoltitiori proposti.1 cahbo prepared On yourbehalf, tLyou'at'14 Your lawyer complete a financial worksheet in the rortnat tJt(11cf16d-haret 0',y6ur lawyer will.prepara And lilo a Request for Conciliation Corifiarencc With the Court,which must be filed Witlifn sixty(60)'dAya of t,hw.%ervj ceupoo you tdthi foreclosure complaint,If you dosoand it conciliation cx nforcncois scheduled,you wilt Nava nit tsppprtuitiky.ttimeei with a representative of your lender in an ntlerript to work out reason.R.b I le arguments with your leader before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR ROME,YOU MUST ACT QUICKLY AND TAIGT THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date , 01aij,Esq•,Id. Attorney f'or I'lainti IT FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket#� _ BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working;with your counseling agency. Please provide the following information to the best of your knowledge: Borrower namc(s); Property Address: City: Zip: Is the property for sale? Yea Q 1400 Listi ig date: Price:.$ Realtor Nahte: 11callor Phone: Borrower Occupied? Yes.0 No 0 Mailing Address(if differdot),. City-. State: 'Zip:. ._ Phone Numbers: 11011 . Office: .. Cell: Other: Entail: ' #of people in household: How long? _ Mailing Address: City: _ Statc:__:ZiP! Phorse Numbers: Hoar :�,,.... �. Office: Cell: ___ Othcr: Email: #of people in household: , now long? :. » First:Mortgage Lender: Tyne of Loan: Loan Number: Date You Closed Your Loan: Second M6rtgnge Leader`.: Type of Loan: Loan Number: e Total Mottgage Payments Amount:.g Included Taxes&Insurance:_._._.. Dace of last Payment: PriM ry Reason fob Default: . Is the loan in'Bankt•uptcy? Yes❑ No❑ If yes,provide names,location of court,case number Bt.attorney: Assets rknrn)ut Home: Other Real Estute: " Retirement funds: Investments: fi 9 Checking: Savings: Other.: .,.. _ utomobile,�l;,Model! Amount owed:,—_,,----- _.__--- Value:, Automobile#2 Modcl: Year: Amount owed: Value: runs 6rtati (au cimobiks bdnts inotiirc .D6�&.Model: Year* _ Ak ibbnt owed: Vnlite - Monthly Income Name of Employers: l Monthly Gross Monthly Net--- 2.- Mmillily.Gross r Monthly,Net 3 Monthly Gross __­Monthly Net Additional Income Description(not wages): I, monthly amount. - 2. monthly amount: ., Borrower Pay Days: Co-Borrower Pay Days: s Monthly Expenses: (Please only include expenses you are currently paying) Xi'l~'NSN AMOUNT EX . N$E' AMOUNTT' _ Utilities, Czar l'avn,ent{s)_� _ Corado/Nci h fees Auto Tnsurancc Med.(not covered)­_. Auto fiteh/ru atyics Other prof:PEtyrru nt Install Loan 13aVtiiE gsble TV _ �r Child 5uljport Al,ni. Spcadin Money la,v7; d Cilrr/ltiit. Other Rmun4as ---- Amount Available for Monthly Mortgage Payments Based on income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes,please provide the f6ilowing information: t'oanselirg h};c„cp:_—_ - —...- _. - -� ,_ • _. ...�_. . .— . Counselor: Phone(Office): Email: Have you made application for'Homeowncrs Emergency Mortgage Assistance Program(HEMAP)assistance? i yes❑ No❑ If yes,please indicate the status of the uppliebuon. ITave you had any prior negotiations with your lender or lender's loan servicing company to resolve your , delinquency? lies❑ No O t y g flon:4:. . If es,please indicate the status of those:nc otia Please provide the following information,if known,.regarding your lender and lender's loan'servicing company: j t Lender's Contact(Name): 1'litlii :' Servioing Company_(Nance):. Contact: Phone,- s VWq, . - - ,'autliorixe tltc above nkrned to iise/refcr this itlforMnObn to my lendeiJserAcet for the;gcilt,purndse of dvaluating my finriicial situdlion ior,prissible.iiior.tgage option$ I%1'Je udest�nd tlai Ilwc aniRre ►ider,na obligtion te use n the counseling.servicc5 p ovided''bys the above named -.- ? .3orrower Signature Date Co-.13orro�vcr Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) ti. Listing agreement(if property is currently on the market) 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 tiling 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 i the Court without further notice for any money claimed in the Complaint or for aay other claim or relief requested by the plaintiff. You may Iose money or property or other rights imporuuit to s 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. s IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES'THAT MAY OFf-ER LEGAL.SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE,OR NO FEE CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUN'T'Y COURTdaOUSE 2 LIBERTY AVENUE CARLISLI2,PA 17013 (717)249-3166 (800)990-9108 611,:rid yiU"La•t • j w f CA RM Api f PHELAN 1'IAU.dIVANt LLP "< t AWscn F.Zudwmna,Esq.,Id.No.309519 1617 7FK Boulevu*Soho 1400 ATPORNEY FOR PLAIINTWF } One Pbft Center Fku Phllsdelphla,PA 19103 215-36a-7000 # THE BANK OF NEW YORK MELLON TRUST j COMPANY,NATIONAL ASSOCIATION FKA THE COURT OF COMMON PLEAS BANK OF NEW YORK TRUST COMPANY,N.A. r SUCCESSOR TO JPMORGAN CHASE BANK N.A. 'CIVi>G D S10N:= FOR RAMP 2004-XKI C/Q OCWEN LOAN SERVICINQ LLC 1100 VIRGINIA DRIVE n ?q P.O.BOX 8300 NO. FORT WASHINGTON,PA 19034 CUMBERLAND COUNTY Plaintiff V. UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ' ALL PERSONS.FWAS,OR ASSOCIATIONS (. CLARvUNG RIGHT,TfrLE OR INTEREST FROM OR UNDER FRANCIS H.MCEUIENNY.DECEASED 60 ASHFORD DRIB -ENOLA,PA 17025.2320 Defendant CIVIL ACTION-LAS' COMPLAINT IN AfORTGAGE FORECLOSURE UilDlii9i Hter+_n Pow trite#: 310284 1. Plaintiff is THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A.FOR RAMP 2004-KRI C/O OCWEN 'LOAN SERVICING, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The natne(s)and last known address(es)of the Defcndant(s)arc: .UN.ICNOW1q HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAJMG RIGHT,TrME OR INTEREST FROM OR UNDER FRANCIS H MCELHENNY,DECEASED s 60 ASHFORD DRIVE -• WOI,A,PA'17025-2320' s who is/are the real owner(a)of the property hereinafter described. E 3„ On 12/16/2003 FRANCIS H.MCELHENNY made, executed and delivered a mortgage upon the premises berainafter described to MORTGAGE ELECTRONIC r REGISTRATION SYSTEMS,INC.,AS A NOMINEE FOR DECISION ONE s t MORTGAGE COMPANY,LLC which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,in Mortgage Book 1850,Page 1987, By Assignment of Mortgage recorded 05/18/2009 the mortgage was assigned to PLAINTHT which Assignment is recorded in Assignment of Mortgage Instrument No.2009162757he mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C,P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record., 4. The premises subject to said mortgage is described as attached, i•dc,N: ,l'ti784 5, The mortgage is in default because monthly payments of principal And interest upon said t mortgage due 05/2712012 and each month thereafter are due and unpaid, and by the terms t of said mortgage,upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith, t 6. The following amounts are due on the mortgage as of 10/18/2012; ' f Principal Balance k $79,158.81 Interest $2,580,66 .Deferred Balance $17,000.00 04/27/2011 to 10118/2012 f Late Charges $146.70 Property Preservation $35,00 ; Escrow Deficit x,,042.72 s TOTAL $101,963.89 71 Plaintiff is nom.seeking a judgment of personal 4 ability(or an in persona judgment) , Against the Defendants)in the Action,however,Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If©efendant'(s)has/have received a discharge of personal liability In a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in banknrptcy, but only to foreclose the.mortgage:and sell rite mortgaged premises pursuant to Pennsylvania Law. 8t_ The mortgage promises are Xac;aut and aandan d. 9. EILEFN J.. MCLLHENNY was a co-record owner of the mortgaged promises as a tenant by the entirety.By virtue of EILEI'N L. MCELNENNY's death on or about 10/03/1999, her ownership interest was automatically vested in the survivnag tenant by the entirety. 1 U. Mortgagor FRANCIS IUMC81;NENNY died on 05/20/2012 and, upon information and belief,his surviving heir(s)is JAM15S MCELHENNY. 11, Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor, 12. By executed waiver(s), JAMES MCELHENNY waived his right to be named as a defendant in the foreclosure action. Said waiver(s) is/are attached as Exhibit" A". 13, Plaintiff hereby releases FRANCIS H.MCELHENNY and EILEEN L. MCELHENNY, from liability for the debt secured by the mortgage. WHEREFORE,Plaintiff demands an in rem judgment against the Defendaht(s)in the sum of- i $101,963.89, together with interest,costs,fees,and charges collectible under the mortgage including but not limited.to attorney fees and costs,and for the foreclosure and sale of the mortgaged property. PHEL•AN f FTtii,,I.,;1N '. ,LLP r11l,sq ` 7u tt1 19{1{;Esq,,Id.No.309519 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in East Pennsboro Township,Cumberland . County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point in the southern side of Ashford Drive(50 feet wide)at the northwestern corner of Lot No.49 on the hereinafter mentioned plan of lots;thence by lot No,49 South 9 degrees 22 minutes 30 seconds East a distance of one hundred forty(140)feet to a point at Lot No. 19;thence by Lot No. 19 South 80 degrees 37 minutes 30 seconds West a'distance of Twenty-eight and fifty hundredths(28.50)feet to a point at Lot No.47;thence by Lot No.47 North 9 degrees 22 minutes 30 seconds West a distance of one hundred forty(140)feet to a point on the southern side of Ashford Drive;thence by Ashford Drive North 80 degrees 37 minutes 30 seconds East a distance of twenty-eight and filly hundredths(28,50)feet to a point,the place of BEGINNING, BEING Lot No. 48 on a Final Resubdivision Plan for Robert D.and Donna R.Leisenring,his wife, made by D. P. Raffensperger Associated,February 15, .1984, and recorded in Cumberland County Plan Book 45,Page 100, CONTAINING 3,990 square feet. HAVf.NG THEREON ERECTED a townhouse known and numbered as NO, 60 Ashford Drive- f' n k: S t p28-a UNDER AND SUBJECT to a 10 foot access easement across the rear of the lot and along the western side thereof and a 20 foot setback Ione along the front of the lot and the other conditions more fully set forth on the said Plan. BEING the same premises which Scot Leisenring,Keith Leisenringand Brian Leisenring,partners, t/d/b/a,by Deed dated p4/22/86 and recorded 04/23/86 in Cumberland County Record Book 31- V,Page 535, granted and conveyed unto Francis H,:McElhenny and Eileen L. McElhenny,in fee, • r - f Parcel No: 09-13-1002-371 PROPERTY ADDRESS: 60 ASHFORD DRIVE,ENOLA,PA 17025-2320 PARCEL#09.13.1002-371 . s { f Exhibit "All s { WAIVER BY PUR QI+RIGHT O BE NA`MrD AS A DEFI.NDANT M [t ORE'CLOSURE AC'T'ION 1,JAMES MCELHENNY,Heir of FRANCIS H.MCELHENNY,Deceased,Hereby acknowledge that I may have an ownership interest in the property located at 60 ASIU ORD DRIVE,ENOLA,PA 17025-2320,in accordance with Section 301(b)of the Pennsylvania -Probate,Estates aild Fiduciaries Code[20 Pa C,S.A,Sootion 301(b)). I do hereby waive my rlgtrt,tb be'natned tts'a dt+ien not try g foreelasrwre aaffora as l rovideil by Pii;R C'I' 1:]P#1 Wseq. , wlucii`-ibap be institutod by THE.BA-M oy Chi! ., :MF3MON 1.RUST CUl PAN) i W. -AMT AL:;ASSC)'CIATtC)I FTC .THF 33AN1C 1?"NEW"T'ORKS'11tU51':::G"C�ly AtV Y,N..i . SUCCESSOR TO JPMORGAN CHASE BANK N A POR RAM-?=20D4=TCk1;,iiivniving`sni 1, s property,which property was owned by the decedent at the time of his death. i I hereby consent to the foreclosure actxan,:wititouC.any tlaertatiLe ofsaidttrnn, including but not limited to the Sheriff s sale,and vnder�inirizl that oily intcte9t t;jfigyavc a the mortgaged premises will bb divested upon corrYlotiots tsfihx fafeulesuro>alc�n,. I do retain wiy and ull rights I may have tinder Pennsylvania law to reinstate or otlicivrise payoff the underlying debt or to make Tiny claim for-excess proceeds generated by the Sheriff s sale of the mortgage premises, t MCEiLITLNNY, Heir o('MANC'IS H.MCF1.11ENNY, Dcccascd VERIFICATION 1Ma8a aR 7464 hereby states that he/she is A-H of OCWEN LOAN SERVICING, LLC, servicing agent for Plaintiff in this matter,that he/she 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 his/her information and belief The undersigned understands that this statement is made subject to the pdr alties of 18 Pa, C.S,Sec; 4904 relating-to unsvvorn falsification to authorities. J-"YA' • 1 crr�yf�Rettdc:;i�a�stir� 'lfantiYuh�1 117AT LOAN SERVICING,LLC Servicing Agent for Plaintiff File#: 3'10284 Name; T'�inffi; 31 @:'.HA Exhibit "G" Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FAX#:215-568-7616 April 23,2013 UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS . F CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H.MCELHENNY,DECEASED f 60 ASHFORD DRIVE ENOLA,PA 17025 3 i RE: THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A.FOR RAMP 2004-KR1 vs. UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H.MCELHENNY,DECEASED Civil Docket No.13-1384-CIVIEL F Dear Defendant: Enclosed please find a copy of my proposed Motion for Special Service of the Complaint and all future pleadings and Order. In accordance with CUMBERLAND County Local Rule 208.3(9) I am seeking your concurrence with the requested relief, Please respond to me within one week,by April 30, 2013. Should you have any further questions or concerns,please feel free to-contact me. Otherwise,please be guided accordingly. Legal n'ssisiant PHS# 310284/KPL , N me and MMsAN tMLMM gc$0M EG Address One Penn Oenter PlXza,Sul(e 1400 C3 orserlder Philadelptils,AA19103 g, 41ne `' Numbr+ N&W6fAddtc$sw.SUttkWPat 0MCV AQdtus Puxu�e, 1 MS 31OZ94 UPMNOWN HEIRS,SUCCESSORS,ASSIGNS, ANA A L.PERSONS;FIRMS'OR ASSOCIAMONS.. CLAIMING?moRT,WME,OR,,N7EREST FROM PP. , UNDEItFRA13CIS H.MC WY. 19LHE ,DECEASED ! 60ASMIORD DRIVE ENOLA PA 17025 2ds'q G j 7 i ToulNambc'cf' T,otWNunbaofPiaet Poothm-1 ftf(NwM*rRccLiv1= Ila full dcd"Wgysloaix.mgit uaa! and ttcdm� ljcmaiinum- i litisst3iud rcla; Jtecolrcditi?aeOfliia lranpwyss� h�apaiggl ry;6lo$oiAe,Kpoawu3ioagr a�mgtod.Lkdapm�erts' irprGlapdacumctia ieeonaine5an4xarwncabliOA00aer.p{too'nbJ edlcftlt litlaf3SOO1000:ovocwRr+iae.Tt�a 'i maaimum}idemniiy.pry�9ile,oa MaflmudunAisokS30o:T}n.maicunuri�ndemnitypayaLieG "SAO fatcYis Md-1 F- optauiice.Set;DunkslrrINSU1hl+mslR940S4I]aoA 5921'falim�lacao�'covcri=c:, . P( /ApnI23:2013. s _ Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff THE BANK OF NEW YORK MELLON TRUST COURT OF COMMON PLEAS COMPANY,NATIONAL ASSOCIATION FKA CIVIL DIVISION THE BANK OF NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN NO. 13-1384-CIVIL CHASE BANK N.A. FOR RAMP 2004-KRI CUMBERLAND COUNTY vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service was served by regular mail on Defendant(s) on the date listed below: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED 60 ASHFORD DRIVE ENOLA, PA 17025 PHELAN HAL AN, LLP Dated: B lison uckerman, Esq., Id. No.309519 Attorney for Plaintiff 310284 dK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA THE BANK OF NEW YORK MELLON TRUST COURT OF COMMON PLEAS COMPANY,NATIONAL ASSOCIATION FKA CIVIL DIVISION THE BANK OF NEW YORK TRUST I COMPANY,N.A. SUCCESSOR TO JPMORGAN NO. 13-1384-CIVIL CHASE BANK N.A. FOR RAMP 2004-KRI CUMBERLAND COVNff vs. -03. 4.0 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, Cn AND ALL PERSONS, FIRMS, OR -< ASSOCIATIONS CLAIMING RIGHT, TITLE OR C) INTEREST FROM OR UNDER FRANCIS H. 5c= C) MCELHENNY, DECEASED ---i 3> ORDER :Z) AND NOW, this day of /-,7^7 2013, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by First Class mail at the mortgaged premises located at 60 ASHFORD DRIVE, ENOLA, PA 17025. Service by mail is complete upon the date of mailing; and by posting the mortgaged premises at 60 ASHFORD DRIVE, ENOLA, PA 17025 by the Sheriff or by a non- party competent adult. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BYTHE COURT: PHS#310284/KPL tl�/ PHELAN HALLINAN,LLP 0 F FILE -0FF1 THE PROTHQNOTAR` Adam H.Davis,Esq.,Id.No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 2013 JUN 26 All 10* Philadelphia,PA 19103 CUMBERLAND COUNTV 215-563-7000 E PENNSYLVANIA THE BANK OF NEW YORK MELLON COURT OF COMMON PLEAS TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW CIVIL DIVISION YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE ' : CUMBERLAND COUNTY BANK N.A. FOR RAMP 2004-KR1 Plaintiff VS. UNKNOWN HEIRS, SUCCESSORS, No. 13-1384-CIVIL ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS. CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN, LLP By- Adam H. Davis, Esq.,Id.No.203034 Attorney for Plaintiff Date: LO--� /alg, Svc Dept. File#310284 644 PP , PHELAN HALLINAN,LLP Adam H.Davis,Esq.,Id.No.203034 AM 10: 26 1617 JFK Boulevard,Suite 1400 C'jt18ERLA)yD COUIT One Penn Center Plaza PENN�S Philadelphia,PA 19103 YL VA NIA I/ Adam.Davis@PbelanHalliiian.com 215-563-7000 . THE BANK OF NEW YORK MELLON COURT OF COMMON PLEAS TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW CIVIL DIVISION YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE CUMBERLAND COUNTY BANK N.A. FOR RAMP 2004-KR1 Plaintiff vs. UNKNOWN - HEIRS, SUCCESSORS, No. 13-1384-CIVIL ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H.MCELHENNY,DECEASED Defendants PRAECIEPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN,LLP Adam H.,Davis,Esq.,Id. No.203034 Attorney for Plaintiff Date: /bsp, Svc Dept. File#804046 )2ff o?(?-?00C21 Phelan Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 � 7yl YS FOR PLAINTIFF Jonathan.Lobb@phelanhallinan.com '�� ' 1617 JFK Boulevard, Suite 1400 20113 5 7 One Penn Center Plaza `' 1 Philadelphia,PA 19103 CUMBERLAND C G U ! 215-563-7000 PENNSYLVANIA THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. COURT OF COMMON PLEAS FOR RAMP 2004-KR 1 Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND No. 13-1384 CIVIL ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED at 60 ASHFORD DRIVE, ENOLA, PA 17025-2320 on August 7, 2013,in accordance with the Order of Court dated May 14, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan,LLP DATE: 7- By: Jo han Lob ,Esq.,Id. No.312174 Attorney for Plaintiff Phelan Hallinan,LLP � AFFIDAVIT OF SERVICE — CUMBEF[ANDBSy PLEASE POST BY:0VB|/0)3 PLAINTIFF COUNTY: CUMBERLAND THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE COURT NO. 13-1384 CIVIL BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. .7 FOR RAMP 2004-KR I CD DEFENDANT UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, TYPE OF ACTION- AND ALL PERSONS, FIRMS, OR ASSOCIATIONS XX Mortgage Foreclosure CLAIMING RIGHT, TITLE OR INTEREST FROM Eviction OR UNDER FRANCIS H. MCELHENNY, XX Civil Action DECEASED Complaint on Promissory Note SERVE AT: 60 ASHFORD DRIVE, ENOLA, PA 17025-2320 ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** Served Posted and made known UNKNOVvN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS RIGHT, TITLE OR INTEREST FROM 0o UNDER FRANCIS R. xxCELaENmY, oECEASso, Defendant oothe day of o'clock,-­A. a/oo ASHFORD DRIVE,EN0LA.rAl70z5'o32V.uu the manner described below: Defendant personally served. Adult family member with whom ovfvuduu/(o)o,oioe(o). Relationship is auo/t in charge of Defendant's residence who refused m give^ume/re}udousbip. Manager/Clerk vf place of lodging iu which oefeuduut(v)c:oide(y). Agent n,person in charge vx Defendant's office m usual place^fbusiness. m`office vf said defendant company. moxmmnu"o: Ane ____ Henm�____ Weight Race Sex Other ____ l. a competent adult,being duly sworn according to law,depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.I understand that this statement i^madeoubjeu/mmvFmoalucov//orx.co.n,v *904 relati to u worn falsification to authorities. oxre: � NAME: ` ruuNrsoNAMe: TITLE: NOTSERVED ou the___day ofzo_~at___o'clock_'xv,Defendant NOT FOUND because: _vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) __Nv Answer vu_at at__________ Service Refused omcc PH# 804046 OF T1�'�Rfo W oc P y' -3 Phelan Hallinan,LLP 2013 SEP ATT�"TA SR PLAINTIFF Jonathan Lobb,Esq.,Id.No.31.2174 CUMBERLAl�l�S Yfl 1617 JFK Boulevard, Suite 1400 PE COUNTY One Penn Center Plaza LVA141A Philadelphia,PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004-KR l COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND No. 13-1384 CIVIL ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED Defendant(s) AFFIDAVIT OF SERVICE BY a PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made known to the defendant,UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY,DECEASED in accordance with the Court Order dated May 14,2013 as indicated below: PH#804046 BSD By publication as provided by Pa.R.C.P.Rule 430(b)(1)in The Cumberland Law Journal on August 16,2013and The Sentinel on August 9,2013 Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Phelan Hallinan,LLP DATE: ' 13 an H linan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PH#804046 BSD PROOF OF PUBLICATION State of Pennsylvania,County of Cumberland Jackie Cox,Director of Sales,of The Sentinel,of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL,a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th, 1881,since which date THE SENTINEL has been regularly issued in said County,and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): August 9,2013 COPY OF NOTICE OF PUBLICATION „opm•'�1 LOSURE OUNTY,PENNSYLVANIA Affian further furth deposes that he/she is not o�cV�o� d NOWWOO!01211100 3H1 NI . — interested in the subject matter of the 90.0110V lO 30110N 3p� aforesaid notice or advertisement, and that COUGAR, Mr K�r,�o,— all allegations in the foregoing statement as 2.1, 5th Wheel. 2004 S Class S430 4Matic 29.1,many extras. Loaded,4.3L, (tionl$14,950. pewter exterior/ to time,place and character of publication 4-5500. charcoal leather,17,800 miles. Garage kept.$26,000.Perfect are true. "aBOORGIA Condition!Ca11 71 7-243-92 74. GEORGIA CRUISE MINI,2006 Cooper WV AIR II,1984 Red/black, LAI Motor Home i 68k miles. 34',air, Stock#LX17586A 454 chev $10,988 is.717-386-9599. it 4Y1 Ill 1-800-778-0850 12'2 slides,sleeps www•bobbyrahallexus.com etscreen TV,used SAAB,2005 92X Aero.Auto.,A/C, Nell equipped,tow turbo,heated seats,silver,88k mi. d,$19,995,stop Asking$9,500.Call 717-776-7452 Sworn to and subscribed before me this 'Ritner Hwy., or 717-448-2892. •258-0352. Dac.ood condition) `a a LA CrJ �( LS n Ol O� at,new inspection, / 50.717-249-4828. Call&make an "Cleanest Crus in 7�nvn" appointment to come&tour this e .. 17✓ awesome trailer. Outstanding - Notary public condition, iing a few times. 117-218-5968. 04 Tod ota CW tf,4qA 10w $8,995 My commission expires: AWASAICI,2009 50 Vulcan Classic 08FWTaMSR.................................."a tt;bought new, 07Sat11MWAT40...............................;6,495 on't ride,only has ,900 miles,looks 05HyplW1111ftGTAT40..................56,595 ee the day I bought 05b6AqcrdLXAT,1w#40..........59,595 COMMONWEALTH OF PENNSYLVANIA ket pipes&oe 04 D*GraM Crm W................$7,0 Notarial seal ason-able offer. AMMAT4 after 3pm. 94........................E Bethany M.Holtry,Notary Public ATUSA RN 2007 04 Fad fteeStar......................................x,995 Carlisle Boro,Cumberland County Vue AWD 82,000 ONA 100MAT40.................................56,595 My Commission Expires Sept 26,2015 miles good shape, MatIn'MAT40............................ MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES white with leather 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 August 16, 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. 40 Marie Coyne,Ed or SWORN TO AND SUBSCRIBED before me this 16 day of August, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN your property would be sold by the MORTGAGE FORECLOSURE Sheriff of CUMBERLAND County. You are hereby notified to plead In the Court of Common Pleas of to the above referenced Complaint Cumberland County, Pennsylvania on or before 20 days from the date of Civil Action—Law this publication or a Judgment will No. 13-1384 CIVIL be entered against you. THE BANK OF NEW YORK NOTICE MELLON TRUST COMPANY, If you wish to defend, you must NATIONAL ASSOCIATION fka enter a written appearance person- THE BANK OF NEW YORK TRUST ally or by attorney and file your de- COMPANY,N.A. SUCCESSOR TO fenses or objections in writing with JPMORGAN CHASE BANK N.A. the court.You are warned that if you FOR RAMP 2004-KR1 fail to do so the case may proceed Plaintiff without you and a judgment may be vs. entered against you without further UNKNOWN HEIRS, SUCCESSORS, notice for the relief requested by the ASSIGNS AND ALL PERSONS, plaintiff. You may lose money or FIRMS OR ASSOCIATIONS property or other rights important CLAIMING RIGHT,TITLE OR to you. INTEREST FROM OR UNDER YOU SHOULD TAKE THIS NO- FRANCIS H. McELHENNY, TICE TO YOUR LAWYER AT ONCE. DECEASED IF YOU DO NOT HAVE A LAWYER, Defendant GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE NOTICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. To: UNKNOWN HEIRS, SUCCES- IF YOU CANNOT AFFORD TO SORS, ASSIGNS AND ALL PER- HIRE A LAWYER,THIS OFFICE MAY SONS,FIRMS OR ASSOCIATIONS BE ABLE TO PROVIDE YOU WITH CLAIMING RIGHT, TITLE OR IN- INFORMATION ABOUT AGENCIES TEREST FROM OR UNDER FRAN- THAT MAY OFFER LEGAL SERVICES CIS H.McELHENNY,DECEASED TO ELIGIBLE PERSONS AT A RE- You are hereby notified that on DUCED FEE OR NO FEE. March 15,2013,Plaintiff,THE BANK CUMBERLAND COUNTY OF NEW YORK MELLON TRUST ATTORNEY REFERRAL COMPANY, NATIONAL ASSOCIA- CUMBERLAND COUNTY TION fka THE BANK OF NEW YORK BAR ASSOCIATION TRUST COMPANY,N.A.SUCCESSOR 32 S. Bedford Street TO JPMORGAN CHASE BANK N.A. Carlisle,PA 17013 FOR RAMP 2004-KR1, filed a Mort- (717)249-3166 gage Foreclosure Complaint endorsed (800)990-9108 with a Notice to Defend,against you Aug. 16 in the Court of Common Pleas of CUMBERLAND County, Pennsylva- nia, docketed to No. 13-1384 CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your prop- erty located at 60 ASHFORD DRIVE, ENOLA, PA 17025-2320 whereupon 11 PHELAN HALLINAN, LLP ? ? Gr.-1 1 j IT 11: "36 Joseph P. Schalk, Esq., Id.No. 91656 t Attorney for Plaintiff 126 Locust Street C i 1 :I n AND C O U N I` Harrisburg, PA 17101 PENNSYLVANIA 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE Court of Common Pleas BANK OF NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN CHASE BANK, N.A. Civil Division FOR RAMP 2004-KR1 C/O OCWEN LOAN SERVICING, LLC No. 2013-1384-CIVIL TERM 1100 VIRGINIA DRIVE P.O. BOX 8300 Cumberland County FORT WASHINGTON, PA 19034 Plaintiff v. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED 60 ASHFORD DRIVE ENOLA, PA 17025-2320 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, The Bank of New York Mellon Trust Company, National Association fka the Bank of New York Trust Company, N.A. successor to JPMorgan Chase Bank, N.A. for RAMP 2004-KR1 (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On March 15, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his/her failure to make monthly payments of principal and interest upon their mortgage due May 27, 2012, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit"A". 804046 2. On September 3, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendant. A true and correct copy of the Affidavit of Service by Publication in Accordance with Court Order is attached hereto, made part hereof and marked as Exhibit`B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty(60) days from the date of service. 4. Within 60 days after service of the complaint,the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request,the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 8. Additionally, Plaintiff believes that the Property located at 60 Ashford Drive, Enola, PA 17025-2320 is vacant. 804046 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: )o (co l3 BY: . A ' ` ��` J J••- 1,h ' Sch.lk, Esquire Atto ey for Plaintiff 804046 • • • • • Exhibit "A" • YPAl t., , .. as Es Fiji { t11 aC +w Anima R moo;Z -No.309519 A '. 161'7 lP1h: :�1400 �� 9i�'' � �.. t>ene Penh t�ratac Plea . • pti}yd ,PA 19103 . . , . 215463-7000 . • . . THE BANK OF NEW YORK MELON TRUST , CMIPANY,NATIONAL.ASSOCIATION FKA T: E COURT OP COMMON PLEAS BANK OP NEW YORK TRUST CO PANY,NA SUCCESSOR TO IFMORCIAN CHASE BANK NA CIVIL DIVISION FOR RAMP 2004-Kt1 OP 1100 V>Rt3WU DRIVE VICB+IC3,LLC TIRM aii P.O.BOX 8300 NO. �aT • FORT WASHINGTON,PA 19034 CUMBERLAND COUNTY Plaintiff V. UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND I ALL PERSONS,FIRMS,OR ASSOCIATIONS 1 CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H.MC ELHBNNY,DECEASED i 60 ASHFORD DRIVE ENOLA,PA 17025-2320. Defendant CIVIL ACTION w LAW COMPLAINT IN MORTGAGE FORECLOSURE . 11111111116* litiliPP VIP COralit Mit POOP atiliSdilksi a4,4 'Mgr . Malt: 310224 TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the seal of said Carlisle,Pa. This 1'day tof_. 2p,- & FORM I IN THE COURT OF COMMON PLEAS THE BANK OF NEW YORK MELLON TRUST OF CUMBERLAND COUNTY,PENNSYLVANIA COMPANY,NATIONAL ASSOCIATION FICA THE BANK OF NEW YORK TRUST COMPANY,N.A.SUCCESSOR TO JPMORGAN CHASE BANK N.A.FOR RAMP 2004-KRI Plaintiff(s) • vs. UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY,DECEASED Defendants} Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM • You have been served with a foreclosure complaint thatcould cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you trust take the followwing steps to be eligible for a contillitlen conference. First,within twenty(20)days of your receipt of this notice,you mat contact Midreinn legal a Services at(711)243- 9400 estension'25I0 or(800)822-5288 extension 2510 and request appointment,of a legal representative at no charge to:you,Once you have been appointed a legal repuisentative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf, If you and year legal representative complete a financial worksheet in the format attached hereto,the legal representative prepare will rte e and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.it is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf,if you and your lawyer Complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation, conference is scheduled,you'will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: tA,Vir; Dace a Esq.,Id, ''519 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket#tw ,._ BORROWER REQUEST FOR HARDSHIP ASSISTANCE _ _ " To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIOIIIIIIIIIIIIIIIII tOrrower is Property s:: , City: e State: , Zip:.. , Is the property for sale? " Yea El No D Listing date:. Price:$ Realtor Name: Realtor Phone:, • Borrower Occupied? Yea 0 No Mailing Acidness(if different): City: State: Zip:_ Phone Numbers: Rama:.____ _ dffiee:_ ` Coll: Other Email #of people in household: How long? n lommsocamilimammillimiiimmimi „ Mailing Address: City: State: Zip: Phone Numbers: Home: Office: , Cell: Other: Email- #of people in household: How long? First Mortgage Lender: Type of Loin: > Loan Number: Date You Closed Your Loan: Second Mortgage , Type of Loan: Loan Number: Total Mortgage Payments Amount:$ •_ Included Taxes&Insurance: Date of Last Payment; Primary.Reason for Default: Is the loan in Bankruptcy? Yes❑ No❑ If yes,provide names,location of court,case number&attorney: _. Assets Amount Owed: Value: . Home: $ _ $ Other Real Estate: $ $.... Retirement Funds: $ Investments: S. $ Checking: $ .__ _ Savings: $ $ _ Other: $ Automobile#1:Model: Year: Amount owed Value: E (r 'M _n Yeaar• Amount owed: - Value: � _• , Qhhorr transportation(Automobiles.boats.motaroycles): Model:. 'Year;. Amount owed: • Milan Memthly Income . Name of Employers: 1, __. o t*Gross ' Monthly`Net 2. _ Monthly Gross_ Monthly Net 3; • Monthly Gross _ Monthly NO . Additional Income Description(not wages): . 1, -;tgontbly.amount: ' 2, • ly amount: . Borrower Pay Days: • Co-Borrower Pay Days: , Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE Y AMOUN T E7CPEI SE AMOUNT Mortgage r Food_ _ 24 MOelIM Utilities Car Payment(s) Conde/Neigh.Fees .,, M Auto Insurance Med.knot covered) , Auto fuel/repairs Oilier, prop.payment .e Install. Payment Cable TV . Child SueporIJAlim Day/Child Care1T it. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? ' Yes❑ No❑ If yes,please provide the following information: Counseling Agency: _ w Counselor: Phone(Office): _ Fax:,._ Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yes❑ No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes0f No Q._ If es, lease indicate the status of those y P negotiations: . Please provide the following information,if known,regarding Your lender and lender's loan's rvicing company: . Lender's Contact(Name):. • . Phone:' • Servicing Company(Name}~ ,, Contact: • Phone:, UWe, ',authorize the above named to uselrefer this information to my lenderJservlcerfer the sole purpose of evaluating my financial situation for possible mortgage options. IJWe understand that Uwe am/are under no obligation to use the counseling services provided by the above named, r. Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Y. Proof of income • 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement(if property is currently on the market) 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 _o. fail to do so,the case may proceed without you,and a judgment.la y;heentered 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,G0 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEB OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 Hie#: 310284 I. Plaintiff is THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE'BANK N.A, FOR RAMP 2004-KR1 CIO OCWEN LOAN SERVICING, fJ,C 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s)) are UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY,DECEASED 60 ASHFORD DRIVE 'ENOL,A, PA 17025-2320 who isiare the real owner(s) of the property hereinafter described. 3, On 12/16/2003 FRANCIS H. MCELHENNY made, executed and delivered a mortgage upon the premises hereinafter described to'MORTGAGE ELECI`RONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage rook 1850. Page 1987, By Assignment of Mortgage recorded 05'1!!2009 the rntntgarewas assigned to PLAIN'1IFF which Assignment is recorded in Assignment of Mortgage Instrument No, 20094 6275.The mortgage and assignment(s), if any, arc matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 10 i 9(g): which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4, The premises subject to said mortgage is described as attached. 5 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/27/2012 and each month thereafter are due and oupuid, and by the terms of said mortgage, upon InJure of Mortgagor to make such payments after a date specified by written notice sen to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of |0/}8/2UI2: Principal Balance $79'158Q1 Interest $2.580.66 Deferred Balance $17,000.00 04/27/2011 to 10/18/2012 - Late Charges $140.70 Property Preservation $35.00 Escrow Deficit $3`842,72 TOTAL $101,963.89 7, Plaintiff is jt seeking a judgment of personal liability (or an 12.erIooamjud&noenV againSt the Delendant(s) in the Action; however, Plaintiff resorves its right to bring a separate Action to establish that right, if such right exists. 11Dm6 dyn/(s> husi6uvc received a d o[personal liability ioobankznytcyproce.udiog. this Aobuont Moxgage Foreclosure is in no may an attempt to reestablish such personal liabilny dixohmgeJ Laokray/cy, but only to foreclose tbuomr(gzgr n'WscJ| /hu mortgaged premises pursuant ,oPem`vy|vun/u Law, 8, the mortgage prerm.es u," vacant and ahm0yied. 9, ElLGEN L 1\JCF-1,1MN-MY was a co-record owner u[the mortgaged premises as ,xnao/ by the entirety. By virtue of EIL}'PN L. MCHI,HENNYs death on or about ]0/03/]999. her ownership interest was automatically vested in the surviving tenant by the CrliiP:tV. \8 MmtgsgorFRAN[2S H \1[3UJ{BNNY died on 05/26/ 012 umi, upon infonnW(wound belif, his surviving heir(s) ixJA,ME3 MCELH£NN� .'/', . »/ . . 11. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor, 12. By executed waiver(s), JAMES MCELHENNY waived his right to be named as a defendant in the foreclosure action, Said waiver(s) is/are attached as Exhibit" A ". 13. Plaintiff hereby releases FRANCIS 14. MCELHENNY and EILEEN I.L. MCFLHENNY, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $101,963,89, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINyl, LLP By: \Ilisw'cl; Zink )`1-11011, Esq., Id. No 309519 At irit6, tot ibiri tiff LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly hounded and described as follows: BEGINNING at a point in the southern side of Ashford Drive (50 feet wide) at the northwestern corner of Lot No. 49 on the hereinafter mentioned plan of lots; thence by lot No. 49 South 9 degrees 22 minutes 30 seconds East a distance of one hundred forty(140) feet to a point at Lot No. 19;thence by Lot No. 19 South 80 degrees 37 minutes 30 seconds West a distance of Twenty-eight and fifty hundredths(28.50) feet to a point at Lot No. 47; thence by Lot No. 47 North 9 degrees 22 minutes 30 seconds West a distance of one hundred forty(140) feet to a point on the southern side of Ashford Drive; thence by Ashford Drive North 80 degrees 37 minutes 30 seconds East a distance of twenty-eight and fifty hundredths (28.50)feet to a point, the place of BEGINNING. BEING Lot No. 48 on a Final Resubdivision Plan for Robert D. and Donna R. Leisenring, his wife, made by D. P. Raifensperger Associated, February 15, 1984, and recorded in Cumberland County Plan :Book 45, Page 100. CONTAINING 3,990 sciu:;)1 fect. ii\VIN(; III ;.R FiCTE.) k),„vnhoi 1 irl riit UNDER AND SUBJECT to a 10 foot access easement across the rear of the lot and along the western side thereof and a 20 foot setback lone along the front of the lot and the other conditions more fully set forth on the said Plan. BEING the same premises which Scot Leisenring, Keith Leiseuringand Brian Leisenring, partners; t/d/b/a, by Deed dared 04/22/86 and recorded 04/23/86 in Cumberland County Record Book 3!- V. Page 535, granted and conveyed unto Francis H;MeElheriny and Eileen L. MeElheany, in tee. Parcel No: 0913-1002-371 PROPERTY ADDRESS: 60 ASHFORD DRIVE, ENOLA,PA 17025-2320 PARCEL#09.13-1002-371 • • Exhibit Ayy Wj\tvEk U ilrIR 011 RIGII I ',A.) AN.1FE:,, AS A OF.Fi,.xiJAN 1, ) ( ACTIE)7-4 I,JAMES MCELHENNY, Heir of FRANCIS II, MCELHENNY,Deceased, hereby acknowledge that I may have an ownership interest in the property located at 60 ASHFORD DRIVE,ENOLA,PA 17025-2320, in accordance with Section 301(b)of the Pennsylvania Probate,Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by THE BANK OF NEW YORK lvIELLON TRUST COMPANY, NATIONAL ASSOCIATION FICA THE BANK OF NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004-KR1,involving said property,which property was owned by the decedent at the time of his death, I hereby consent to the foreclosure action,without any further notice of said action, including but not limited to the Sheriffs sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriffs sale of the mortgage premises, VERIFICATION I ThrtYaRectoRsPor-V...., , hereby states that he/she is 211 ION 4.1v.:rat, of OCWEN LOAN SERVICING, LLC, servicing agent for Plaintiff in this matter, that he/she 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 his/her information and belief, The undersigned understands that this statement is made subject,to the penalties of 18 Pa, CS, Sec. 4904 relating to unsworn falsification to authorities. 71 7) LANA,tie UV' 0.11 l'allya Renee Raysor-Winstead DATE:it/UW /1 11/ tk, OCWEN LOAN SERVICING,LI,C Servicing Agent for Plaintiff 31n84 Name: • Exhibit "B" Phelan Hallinan,LLP ATTORNEYS FOR PLAINTIFF Jonathan Lobb,Esq.,Id.No.312174 A-`l 1617 JFK$oulevard,Suite 1400 .+ One Penn Center Plaza �.; -stab x2 215-563-7000 ,��• `°, ' +rr't tls r A THE BANK OF NEW YORK MELLON TRUST W ` COMPANY,NATIONAL ASSOCIATION FKA THE <Co ars. BANK OF NEW YORK TRUST COMPANY,N.A. .z- SUCCESSOR TO JPMORGAN CHASE BANK NA. ° ' �. FOR RAMP 2004-KRI • COURT OF COMMON' Plaintiff CIVIL DIVISION • vs. • CUMBERLAND COUNTY • UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND No,13-1384 CIVIL ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H.MCELHENNY, DECEASED Defendant(s) AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER•`. I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made known to the defendant,UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY,DECEASED in accordance with the Court Order dated May 14,2013 as indicated below: PH#804046 BSD • By publication as provided by Pa.R.C.P.Rule 430(b)(1)in The Cumberland Law Journal on August 16,2013and The Sentinel on August 9,2013 Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Phelan Hallinan,LLP / DATE: 8 f'4 43' Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff y3 PH#804046 BSD CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN your property would be Redd by the MORTGAGE FORECLOSURE Sheriff of CUMBERLAND County. You are hereby notified to plead In the Court of Common Pleas of to the above referenced Complaint Cumberland County,Pennsylvania on or before 20 days from the date of Civil Action—Law this publication or a Judgment will +—- be entered against you No.13-1384 CIVIL NOTICE THE BANK OF NEW YORK MELLON TRUST COMPANY, If you wish to defend,you must NATIONAL ASSOCIATION lira atter a written appearance person THE BANK OF NEW YORK TRUST any or by attorney and file your de COMPANY,N.A.SUCCESSOR TO tenses;or objes for a in writing with JPMORGAN CHASE BANK N,A, the court.You are warned that if you FOR RAMP 2004-KR1 fail to do ao the case may proceed Plaintiff without you and a judgment may be vs. entered against you without fluther UNKNOWN HEIRS,SUCCESSORS, notice for the relief requested by the ASSIGNS AND ALL PERSONS, plaintiff. You may lose money or FIRMS OR ASSOCIATIONS property or other rights important CLAIMING RIGHT,TITLE OR to you, INTEREST FROM OR UNDER YOU SHOULD TAKE THIS NO- FRANCIS H.MCELHENNY, TICE TO YOUR LAWYER AT ONCE, DECEASED IF YOU DO NOT HAVE A LAWYER, Defendant 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW.THIS OFFICE NOTICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER, To: UNKNOWN HEIRS, SUCCES- IF YOU CANNOT AFFORD TO SORS,ASSIGNS AND ALL PER- HIRE A LAWYER,THIS OFFICE MAY SONS,FIRMS OR ASSOCIATIONS BE ABLE TO PROVIDE YOU WITH CLAIMING RIGHT,TITLE OR IN- INFORMATION ABOUT AGENCIES TEREST FROM OR UNDER THAT MAY OFFER LEGAL SERVICES CIS H.MCELHENNY,DECEASED TO ELIGISLE PERSONS AT A RE- You are hereby notified that on DUCED FEE OR NO FEE. March 15,2013,Plaintiff,THE BANK CUMBERLAND COUNTY OP NEW YORK MELLON TRUST ATTORNEY REFERRAL COMPANY, NATIONAL ASSOCIA- CUMBERLAND COUNTY TION Dm THE BANK OF NEW YORK BAR ASSOCIATION TRUST COMPANY,N.A,SUCCESSOR 39 S.Bedford Street TO JPMORGAN CHASE BANK N.A. Carlisle,PA 17013 FOR RAMP 2004-KR1,filed a Mort- (717)249-3166 gage Foreclosure Complaint endorsed (800)990-9108 with a Notice to Defend,against you Aug. 16 in the Court of Common Pleas of CUMBERLAND County, Pennsylva- nia,docketed to No. 13-1384 CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your prop- erty located at 60 ASHFORD DRIVE, ENOLA,PA 17025-2320 whereupon 11 BD9 (c) PROOF OF PUBLICATION State of Pennsylvania,County of Cumberland Jackie Cox Director of Sales,of The Sentinel,of the County and State aforesaid,being duly sworn,deposes and says that THE SENTINEL,a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13 0,,, 1881,since which date THE SENTINEL has been regularly issued in said County,arid; that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): August 9,2013 COPY OF NOTICE OF PUBLICATION .c ar c' trs►w,tro* Affiant further deposes that he/she is not r p ; xr interested in the subject matter of the mantic+, aforesaid notice or advertisement„and that -;„4,t{„.,r pMfcNVatos � .J•, all megatons in the foregoing statement as cumor,fiuuu to time,place and character of publication *d. e,o(09 x J ) ¢ cs PERODWO.PIHMt Oft T C1 Sworn to and subscribed before me this ,�. k S,• ➢N n '.RAaY$tde.t ., F'Y4J.. ,� >�( `s+ r 24 '� #"1 4+ Notary Public � a• x.tot My commi ssion expires: zt d ie •. ., : t a ..� y RJ ' "`� dE E paxA 41414" ' 1 , 4.•%3 ie �.. 44:111000,4AtTh OF iv t 8414441V 14* Publlt 14rOPINS$000T ` . yy J 4 xJ a sue',rt4. n BDCI (40 fA • • PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE Court of Common Pleas BANK OF NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN CHASE BANK,N.A. Civil Division FOR RAMP 2004-KR1 C/O OCWEN LOAN SERVICING, LLC No. 2013-1384-CIVIL TERM 1100 VIRGINIA DRIVE P.O. BOX 8300 Cumberland County FORT WASHINGTON, PA 19034 Plaintiff v. UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED 60 ASHFORD DRIVE ENOLA, PA 17025-2320 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order Were sent via first class mail to the person listed below on the date indicated: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED 60 ASHFORD DRIVE ENOLA, PA 17025-2320 `/ Date: (Col t� (3 By.qk I 11111 / Jose.h . c alk, squire Atto ey for Plaintiff 804046 r I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE Court of Common Pleas BANK OF NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN CHASE BANK,N.A. Civil Division FOR RAMP 2004-KR1 C/O OCWEN LOAN SERVICING, LLC No. 2013-1384-CIVIL TERM 1100 VIRGINIA DRIVE P.O. BOX 8300 Cumberland County FORT WASHINGTON, PA 19034 Plaintiff v. c-) r--1 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND -07_0. ALL PERSONS, FIRMS, OR ASSOCIATIONS rri`'; "I CLAIMING RIGHT, TITLE OR INTEREST FROM OR i;- N.) 7 UNDER FRANCIS H. MCELHENNY, DECEASED _„:-M _ 60 ASHFORD DRIVE ' ENOLA, PA 17025-2320 f Defendant _ ORDER AND NOW,this 2 3 4 day of O Iab , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY T COURT: //9 J. cc: ✓Unknown Heirs, Successors, Assigns, and all '-rsons, Firms,or Associations claiming Right, Title or Interest from or under Francis H. McElhenny /f seph P. Schalk, Esq., Id. No. 91656 ,/Xttorney for Plaintiff 804046 eQ i er abli4/5CL 10 2 t - ` 1 PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED 804046 t Ut;U !a PHELAN HALLINAN, LLP 3 t`;-r 13 4', 9: 6 Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 ' ..' 1617 JFK Boulevard, Suite 1400 7 M 3 E ti L A N D COUNTY One Penn Center Plaza E N N S Y LW; Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON : CUMBERLAND COUNTY TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF : COURT OF COMMON PLEAS NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN CHASE : CIVIL DIVISION BANK N.A. FOR RAMP 2004-KR1 : No. 13-1384 CIVIL vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY,DECEASED PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY,DECEASED, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $101,963.89 TOTAL $101,963.89 I hereby certify that (1) the Defendant's last known address is 60 ASHFORD DRIVE, ENOLA, PA 17025-2320, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date i 1//51/3 Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff cutA-1- S 16..56i4 114 /31/)( I a eI� � 3 804046 zi*dci gala o4- ce Ivta: ed : çi AMAGES R H2EREBY ASSESSED AS INDICATED. will I.7 ilb PH#804046 PROTHONOTARY 804046 PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb,Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON : CUMBERLAND COUNTY TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF : COURT OF COMMON PLEAS NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN CHASE : CIVIL DIVISION BANK N.A. FOR RAMP 2004-KR1 : No. 13-1384 CIVIL vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the Plaintiff is without information sufficient to determine whether the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that the Plaintiff is without information sufficient to determine whether the defendants UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED are over 18 years of age and reside at 60 ASHFORD DRIVE, ENOLA, PA 17025-2320. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn f lsification to authorities. Date l/IC L7 P an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 804046 Results as of:Nov-15-2013 12:09:59 Department of Defense Manpower Data Center SCRA 3.0 x5- r e Stattis Report Purstiatit to Servicerftembers Civil Relief Act Last Name: MCELHENNY First Name: FRANCIS Middle Name: H Active Duty Status As Of: Nov-15-2013 On.Active Duty On Active Duty Status Date . q Jvs Duty art Debi?'s {t ;ve 0uiy laid told ,Status $elvtogGr?mponent NA NA a 3�. o This response reflects th is active duty'hiatus based on the'`ActiveDuty Status Date f,ii*iR AdN,iAu y ithin 3e/oays'af Acsve Duty status Gate Active Dtity Start Date Active Duty End Date Status tce Componen€ NA 2JNA 's.. lNo i NA This response reflects'W,g,e-telite individual left active dttly;i4a4 Wi 36i:days preceding the Active Duty Status Date �g Tha Mhmba or H�7. +dot ged of a ptdute Cart-UJp a Active Duty on Active Duty Status Date Oder NotifFcat pi rt Oat* �z„,,,, C7tderNs,r: End Date NA NA r.. Set�t,� b�iiponent ,,�, This response reflects whether the t diivld uMM ift his/her unit has received eadyrrotification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised THE BANK OF NEW YORK MELLON : CUMBERLAND COUNTY TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF : COURT OF COMMON PLEAS NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004-KR1 : CIVIL DIVISION vs. . No. 13-1384 CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY,DECEASED Notice is given that a Judgment in the above captioned matter has been entered against you on \k'lg I By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 804046 THE BANK OF NEW YORK MELLON TRUST COURT OF COMMON PLEAS COMPANY,NATIONAL ASSOCIATION FKA CIVIL DIVISION THE BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK NO. 13-1384 CIVIL N.A.FOR RAMP 2004-KR1 Plaintiff CUMBERLAND COUNTY v. UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H.MCELHENNY, DECEASED Defendant(s) TO: UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY,DECEASED 60 ASHFORD DRIVE ENOLA,PA 17025-2320 DATE OF NOTICE: IM)13 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. PH#804046 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE;;PA 17013 7 r',)249-3166 By: r/1/ Zac%. 4 Jo , "''q.,Id.No.310721 A; Ieyf<rPaintiff P eIan �11ir'.e,LLP 1617 J `oulevard,Suite 1400 One Pe " Center Plaza Philadelphia,PA 19103 PH#804046 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL : COURT OF COMMON PLEAS ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004- : CIVIL DIVISION KR! Plaintiff : NO.: 13-1384 CIVIL V. • : CUMBERLAND COUNTY UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H.MCELHENNY,DECEASED Defendant(s) To the Prothonotary: c) P-1 c=t Issue writ of execution in the above matter: tx; ,rn Amount Due $101,963.89 con r- I co) <C:n Interest from 11/19/2013 to Date of Sale $3,318.48 ($16.76 per diem) ... —4. ' t.4 TOTAL $105,282.37 t:= 60€44.1 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id,No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#804046 atki,\ 'p ai4lj 12)t: LL `-‘ \Lo so Lx, tt) ` • 95 da'..1)A9- • e01- /3Y27, ZOO! SS CA,) t ScJ / ::..�.rt^!iM"N'. ,:y...p vwe�M ,.,<a�.r.upab�..c::.�..y ,.,.pa�em,-:- „� �..w..�.�� .,,..e.,.....: ,._..e .�-.r' .wn..-.-°a+m.Ca+4-�.:4.. rw -.--a< --w-t r..... +.cim✓a�awxa '^c _ .. — t,. .... > > .0 ro nC < ti+ 0y ni a w a ° z � [ y v eo -0z � EP g w z z n E• ° ti 4n Kx r0 R' �. IN O 2, � x 7o0 'A.r) z gC.) x y Z,_ b , � x7: yZ n0 o 1 y rn O '�1 < Cn ^ `" yCI) C 2 2. r .. , X ocr � � ° rii p' o H-o zz z me ay v o 4 OY ny 4z � o CV C X y moCn > C > C .0 0.1- z zr- rz axe rn0 y 1.71 0 y ° z/ noz n M� 0o � 6zzzz 0 z � c� z oC� nG� " Crl b n yY v'', cnx - 7y - n � zY C -, n NmxH vp 9 xrn = � Cm" dX � CnrJy CO z yy zzo a- z � xz < rn � � zy z � m H rrl n -HioE do ,�� C z � � d � x C rii bm PHELAN HALLINAN, LLP I E P 1w 0 THONG TA,-.,.• Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 2Q j It JAN -7 PM 1: 34 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY Adam.Davis @PhelanHallinan.com PENNSYLVANIA 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, : COURT OF COMMON PLEAS NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY,N.A. SUCCESSOR TO JPMORGAN CHASE : CIVIL DIVISION BANK N.A. FOR RAMP 2004-KR1 Plaintiff : NO.: 13-1384 CIVIL v. CUMBERLAND COUNTY UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY,DECEASED Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: rifil, Phelan Hallinan,LLP Adam H. Davis,Esq.,Id. No.203034 Attorney for Plaintiff THE BANK OF NEW YORK MELLON TRUST COURT OF COMMON PLEAS COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. CIVIL DIVISION SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004-KR1 • NO.: 13-1384 CIVIL Plaintiff v. CUMBERLAND COUNTY UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS Cr) CLAIMING RIGHT,TITLE OR INTEREST FROM OR r . UNDER FRANCIS H. MCELHENNY, DECEASED r*tq rrk Defendant(s) cnr ' G® - p-r•: AFFIDAVIT PURSUANT TO RULE 3129.1 z`c. Zp .. C3 r, . THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA TI 4N Plai F 71 NEW YORK TRUST COMPANY,N.A.SUCCESSOR TO JPMORGAN CHASE BANK N.A.FOR RAMP 2004-K421, ntiff'in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 60 ASHFORD DRIVE,ENOLA,PA 17025-2320. I. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) UNKNOWN HEIRS,SUCCESSORS, 60 ASHFORD DRIVE ASSIGNS,AND ALL PERSONS,FIRMS,OR ENOLA,PA 17025-2320 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H.MCELHENNY,DECEASED 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) UNKNOWN HEIRS,SUCCESSORS, 60 ASHFORD DRIVE ASSIGNS,AND ALL PERSONS,FIRMS,OR ENOLA,PA 17025-2320 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H.MCELHENNY,DECEASED 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: PH# 804046 - Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 60 ASHFORD DRIVE ENOLA,PA 17025-2320 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING JAMES MCELHENNY,IN HIS CAPACITY AS 3863 N 157TH AVE HEIR OF FRANCIS H.MCELHENNY, GOODYEAR,AZ 85395-8744 DECEASED I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 1/2 / By: dt /)"G/ Z Phelan Hallinan,LLP Adam H. Davis,Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 804046 - THE BANK OF NEW YORK MELLON TRUST COMPANY, : COURT OF COMMON PLEAS NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK : TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN : CIVIL DIVISION CHASE BANK N.A. FOR RAMP 2004-KRI : NO.: 13-1384 CIVIL Plaintiff : vs. : CUMBERLAND COUNTY UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY,DECEASED Defendant(s) d - - —7.71 c_ NOTICE OF SHERIFF'S SALE OF REAL PROPERTYr• �-- TO: UNKNOWN HEIRS, SUCCESSORS, -0 cD ASSIGNS, AND ALL PERSONS,FIRMS, OR 7• `CD a _ ASSOCIATIONS CLAIMING RIGHT, TITLE v -• - OR INTEREST FROM OR UNDER FRANCIS _.�H. MCELHENNY, DECEASED 60 ASHFORD DRIVE ENOLA,PA 17025-2320 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 60 ASHFORD DRIVE,ENOLA,PA 17025-2320 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$101,963.89 obtained by THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY,N.A.SUCCESSOR TO JPMORGAN CHASE BANK N.A.FOR RAMP 2004-KR! (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-1384 CIVIL THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004-KR1 v. UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY,DECEASED owner(s) of property situate in the EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 60 ASHFORD DRIVE,ENOLA,PA 17025-2320 Parcel No. 09-13-1002-371 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $101,963.89 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in East Pennsboro Township,Cumberland County, Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point in the southern side of Ashford Drive(50 feet wide)at the northwestern corner of Lot No.49 on the hereinafter mentioned plan of lots;thence by lot No.49 South 9 degrees 22 minutes 30 seconds East a distance of one hundred forty(140)feet to a point at Lot No. 19;thence by Lot No. 19 South 80 degrees 37 minutes 30 seconds West a distance of Twenty-eight and fifty hundredths(28.50)feet to a point at Lot No.47;thence by Lot No.47 North 9 degrees 22 minutes 30 seconds West a distance of one hundred forty(140)feet to a point on the southern side of Ashford Drive;thence by Ashford Drive North 80 degrees 37 minutes 30 seconds East a distance of twenty-eight and fifty hundredths(28.50)feet to a point,the place of BEGINNING. BEING Lot No.48 on a Final Resubdivision Plan for Robert D. and Donna R.Leisenring,his wife,made by D. P. Raffensperger Associated,February 15, 1984,and recorded in Cumberland County Plan Book 45,Page 100. CONTAINING 3,990 square feet. HAVING THEREON ERECTED a townhouse known and numbered as NO. 60 Ashford Drive. UNDER AND SUBJECT to a 10 foot access easement across the rear of the lot and along the western side thereof and a 20 foot setback lone along the front of the lot and the other conditions more fully set forth on the said Plan. TITLE TO SAID PREMISES VESTED IN Francis H. McElhenny and Eileen L. McElhenny, his wife, by Deed from Scot Leisenring and Keith Leisenring and Brian Leisenring, partners,t/d/b/a Robert R. Leisenring Associates, a Pennsylvania general partnership, dated 04/22/1986,recorded 04/23/1986 in Book 31-V, Page 535 Mortgagor FRANCIS H. MCELHENNY died on 05/26/2012 and,upon information and belief,his surviving heir(s)is JAMES MCELHENNY. 12. By executed waiver(s), JAMES MCELHENNY waived his right to be named as a defendant in the foreclosure action PREMISES BEING: 60 ASHFORD DRIVE,ENOLA,PA 17025-2320 PARCEL NO.09-13-1002-371 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-1384 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A.SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004-KR! Plaintiff(s) From UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHANEY,DECEASED (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $101,963.89 L.L.: $.50 Interest FROM 11/19/2013 TO DATE OF SALE($16.76 PER DIEM)-$3,318.48 Atty's Comm: Due Prothy:$2.25 Atty Paid: $172.25 Other Costs,: Plaintiff Paid: Date: 1/7/14 .0 0, I David D.Buell,Prothonota (Seal) y: .4 i_ _ Deputy REQUESTING PARTY: Name: ADAM H. DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400,ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 1_F THEpi 0-11-10110T 2(111 aIf\R 25 tai 10: 12 CUM3ER - 0 C©US `i' P ENHSYLVAHIA THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004 -KR1 Plaintiff vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -1384 CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail, to UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATION'S CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED on 1/24/2014 in accordance with the Order of Court dated 5/14/2013. The property was posted on 1/14/2014. Publication was advertised in The Sentinel on 2/21/2014 & in The Cumberland Law Journal on 2/28/2014 The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hal inan, LLP DATE: 1. By: Adam H. Davis, Esq., Id, No.203034 Attorney for Plaintiff IN,T/McBURT OF COMMON PLEAS CUMBE) COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON TRUST . • COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004 -KR1 vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED AND NOW, this ORDER COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-1384-CIVIL CUMBERLAND OU T1 `1h -t ..M ,,,/ 3 5s Me •-4 C9 -c P0 day of Pay , 2013, upon consideration of Plaintiff's Motion for.Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by First Class mail at the mortgaged premises located at 60 ASHFORD DRIVE, ENOLA, PA 17025. Service by mail is complete upon the date of mailing; and by posting the mortgaged premises at 60 ASHFORD DRIVE, ENOLA, PA 17025 by the Sheriff or by a non- party competent adult. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: /qg;4J44. PHS # 310284/KPL Alf 11 '1DAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK PH # 804046 TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004 -KR1 DEFENDANT SERVICE TEAM/ Ix% UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL COURT NO.: 13 -1384 CIVIL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED SERVE UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED AT: 60 ASHFORD DRIVE ENOLA, PA 17025 -2320 • *Please post property with Notice of Saie Order ** -1_ C TYPE OF ACTION XX Notice of Sheritt''s Sale SALE DATE: June 4, 2014 SERVED Served and made known to UNRNOIVN 1'-IEIRS,_SUCCESSORS. ASSIGNS. AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING-RIGHT, TffIE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY ASLD „Defendant cin the 1 day of 1 i 20 o'clock `'. M., at bbQ S iuf�.! : � , in the manner described below: dant personally sery Adult family member with whom Defendant(s) reside(s). Relationship is . _ Adult in charge of Defendant's residence who refused to give name 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: r . Description: Age Height Weight Race Sex Other A1.60 -44AtO t€t .) , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. NAME:i_ PRINTED NAME: •sjt * Vete- N TITLE: qr s NOT SERVED On the day of 20_, at o'clock . M., I, , a competent adult hereby state tha Dfendyant ROT FOUND because: _ Vacant _ Does Not Exist Moved _ Does Not Reside (Not Vacant) _No Answer on at ar Service Refused Other. 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: ,t,7TORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563 -7000 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland OLAQ MAN Patrick Doane, Production Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 21, 2014. COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 13 -1384 CIVIL 1 THE BANK OF'NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA,TbE,BANK OE NEW YORK TRUST COMPANX, N.A. 1 SUCCESSOR TO JPMORGAN CHASE BANKN.A. FOR—RAMP 2004 -KR1 • Vs. 1 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST kiFROM OR UNDER FRANCIS H. MCELHENNY, DECEASED' NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED .4OTICE OF SHERIFF'S SALE OF REAL PROPERTY eing Premises: 60 ASHFORD DRIVE, ENOLA, PA 17025 -2320 3eing in EAST PENNSBORO TOWNSHIP, County of CUMBERLAND, Yommonwealth of Pennsylvania TAX PARCEL NUMBER: 09 -13- 1002 -371 Improvements consist of residential property. Sold as the property of UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED Your house (real estate) at 60 ASHFORD DRIVE, ENOLA, PA 17025 -2320 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM, at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $101,963.89 obtained by, THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004 -KR1 (the mortgagee), against the above premises. PHELAN HALLINAN, LLP Attorney for Plaintiff Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this g6-4' X014 " My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M. Hoitry, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES blic N Rk PROOF OF PUBLICATION OF NOTICE P KUNN, 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 February 28, 2014 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. isd Marie oyne, Edi r. r SWORN TO AND SUBSCRIBED before me this 28 day of February, 2014 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 13 -1384 CIVIL THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION fka THE BANK OF NEW YORK TRUST COMPANY, N.A., SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004 -KR1 vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. McELHENNY, DECEASED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR AS- SOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. McELHEN- NY, DECEASED Being Premises: 60 ASHFORD DRIVE, ENOLA, PA 17025 -2320. Being in EAST PENNSBORO TOWNSHIP, County of CUMBER- LAND, Commonwealth of Pennsyl- vania TAX PARCEL NUMBER: 09 -13- 1002 -371. Improvements consist of residen- tial property. Sold as the property of UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. McELHENNY, DECEASED. Your house (real estate) at 60 ASHFORD DRIVE, ENOLA, PA 17025 -2320 is scheduled to be sold 8 at the Sheriff's Sale on June 4, 2014 at 10:00 A.M. at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judg- ment of $101,963.89 obtained by, THE BANK OF NEW YORK MEL- LON TRUST COMPANY, NATIONAL ASSOCIATION fka THE BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004 -KR1 (the mortgagee), against the above premises. PHELAN HALLINAN, LLP Attorneys for Plaintiff Feb. 28 1 A of me and PHELAN HALLINAN & SCHMIEG 'dress One Penn Center at Suburban, Suite 1400 uSw>" Sender Philadelphia, PA 19103 Line Article Number **" UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED 60 ASHFORD DRIVE ENOLA, PA 17025 2 **** 3 4 **** 5 6 7 8 9 **** 10 **** 11 12 **** 13 **** 14 15 RE:MCELHENNY PHS# 804046 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Narne of Receiving Employee) LNM-CERTIFICATE OF MAILING-NOS •CODE- 1020 CAKeN.wo.Ad PHELAN HALLINAN, LLP Jt BERL fit^ Adam H. Davis, Esq., Id. No.203034 PENNS DI CNAr`i ,,, 1617 JFK Boulevard, Suite 1400 r �r� NIA One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON TRUST CUMBERLAND COUNTY COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. COURT OF COMMON PLEAS SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004-KR1 CIVIL DIVISION Plaintiff, . No.: 13-1384 CIVIL v. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: S7g/(9. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 804046 The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. Successor to Jpmorgan Chase Bank N.A. for Ramp 2004-kr1 Plaintiff v. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Francis H. Mcelhenny, Deceased Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13-1384 CIVIL CUMBERLAND COUNTY AMENDED AI'FIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York Mellon Trust Company, National Association fka. The Bank of New York Trust Company, N.A. Successor to Jpmorgan Chase Bank N.A. for Ramp 2004-krl, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 60 Ashford Drive, Enola, PA 17025-2320. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Francis H. Mcelhenny, Deceased 2. Name and address of Defendant(s) in the judgment: Name Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Francis H. Mcelhenny, Deceased 60 Ashford Drive Enola, PA 17025-2320 Address (if address cannot be reasonably ascertained, please so indicate) 60 Ashford Drive Enola, PA 17025-2320 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Township of East Pennsboro 98 South Enola Drive Enola, PA 17025 PH # 804046 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Address (if address cannot be reasonably ascertained, please indicate) 60 Ashford Drive Enola, PA 17025-2320 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 PA Department of Revenue Bureau of Individual P.O. Box 280601 Taxes Inheritance Tax Division Harrisburg, PA 17128-0601 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building James Mcelhenny, in His Capacity as Heir of Francis H. Mcelhenny, Deceased 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 3863 N 157th Ave Goodyear, Az 85395-8744 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 4/S77V PH # 804046 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 s *. • . • • ' Name !Ind Phelan Hallinan, LLP Address IIII+ 1617 JFK Boulevard, Suite 1400 Of Sendcr One Penn Center Plan PbUadelphia.PA 19103 Line Article Number Name of Addressee, Street, and Post °Moe Address . - Postage 1 4.*** Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 $0.48 2 PA Department of Revenue Bureau of Individual Tani Inheritance Tax Division P.O. Box 280601 Harrisburg, PA 17128-0601 S0.48 3 **** Township of East Penusboro 98 South Enola Drive Enola, PA 17025 $0.48 RE: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. MCELHENNY, DECEASED (CUMBERLAND) PH 8 804046/1026 Page 1 of 1 45 Day 51.44 Teal Number of Pian Listed by Sada Form 3877 Facsimile PH # 804046 Total Plereter of Fracors Racch,cd al Pon Office Postmaster, Per (Hem of Rcosiolos Emolors) The fell deciarstioo of 'Was is requIrad op all deratefic sod inserratiocal mimed =IL Th for tbe remostrectiop af NoemegotiaMe &ammo wake Express Mal dompros romostroctice se pima adiect to e Emit of 1$00„000 per marrows The "moistens Mdcomity pert& on Express Msapperchromeen...a, • • The maxim= kriessediy Kimble is 525,000 for tritisMod mail, soot *kb *Saul imureoco. Sao D .tstamfic Mail Meal R9003913 and 5921 fix limlutiom of Name and Address Of Sender Line 1 2 3 4 5 6 mi4 Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/GIL - 06/04/2014 SALE Name of Addressee, Street, and Post Office Address TENANT/OCCUPANT 60 ASHFORD DRIVE ENOLA, PA 17025-2320 JAMES MCELHENNY, IN HIS CAPACITY AS HEIR OF FRANCIS H. MCELHENNY, DECEASED 3863 N 157TH AVE GOODYEAR, AZ 85395.8744 DOMESTIC RELATIONS OF CUMBERLAND COUNTY, 13 NORTH HANOVER STREET CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. BOX 2675 HARRISBURG, PA 17105 , INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 :1, .4 _Vt4> Ai, +z "=r,�t .f:r.{;+ r,:Li�: �f'• \ll. v-,_ :l.v����f. id 4,;. 1:tir'e.`� "My ); b 9''C';�'. :�{�4t =:L,-'1�1t�:4 :n�.i:a'L * 1, IATIO $2.70 Taal Number of Pieces Listed by Sender Total Number of Picas Received at Post Office Postmaster, Per (Name of Receiving Employee) The fall declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction ofnonnegotlabie documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of$500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900 S913 and S921 for limitations of coverage. Form 3877 Facsimile Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ,SHERIFF'S OFFICE OF CUMBERLAND COUNTY F';LED-DF F1C0 :IF HE PROTHONOTARY OFF= ? "NEfHEtIFF 2[1110.10V 13 PM 2: 1 7 CUMBERLAND COUNTY .PENNSYLVAN1A Bank of New York Mellon Trust vs. Francis H McElhenny Deceased, Unknown Heirs, Successors, Assigns Case Number 2013-1384 SHERIFF'S RETURN OF SERVICE 03/28/2014 03:14 PM - Deputy Ryan Burgett, 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 60 Ashford Drive, East Pennsboro Twp, Enola, PA 17025, Cumberland County. 03/28/2014 03:14 PM - Deputy Ryan Burgett, being duly sworn according to law, attempted service to the Defendant, to wit: Francis H McElhenny Deceased, Unknown Heirs, Successors, Assigns at 60 Ashford Drive, East Pennsboro Twp, Enola, PA 17025. The address was found to be vacant. 06/04/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/3/2014 09/03/2014 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 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A. As Successor to JPMorgan Chase Bank, As Trustee for Residential Asset Mortgage Products, Inc., Home Equity Mortgage Asset -Backed Pass -Through Certificates, Series 2004-KR1, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $976.90 SO ANSWERS, October 23, 2014 ::) countyStste ?ieriff. eleosa t, Inc. RONNY R ANDERSON, SHERIFF LIf -00 pet • 3_ a as' pee . Co - .sZs pdf e -- 9.-3 f , `r 3/3 3 ( On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as 60 Ashford Drive, Enola, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: Real Estate Coordinator bE :Z d 8 - NVf 410E '1.1x1100 G ;217&wr,) JA1233HS 3H1 JO 101. -..HO LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-1384 Civil Term Bank of New York Mellon Trust vs. Francis H. McElhenny Deceased, Unknown Heirs, Successors, Assigns and All Persons Firms or Associations, Claiming Right, Title or Interest from or rUnder. Atty.: Joseph Schalk By virtue of a' Writ" of Execution No. 13-1384 CIVIL;°THE BANK,, OF NEW YORK MELLON TRUST COM- PANY, NATIONAL ASSOCIATION fka THE BANK OF NEW `YORK; TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK FOR RAMP 2004-KRI v. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND 'ALL: PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANCIS H. McELHENNY, DECEASED owner(s) of property situate in the EAST'PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 60' ASHFORD DRIVE, ENOLA, PA 17025.2320. Parcel No. 09.13.1002.371. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $101,963.89. 80 The Patriot -News Co. 2020;EschnoldgyPkwy Suite'300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 be atriot Xews 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 the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 newsoners of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State ws and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, n continuously published ever since; :e or publication which is securely attached hereto is exactly as printed and published in their regular nity Weekly editions which appeared on the date(s) indicated below. That neither she nor said subject matter of said printed notice or advertising, and that all of the allegations of this statement as ter of publication are true; and al knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on o. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the .ectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds "phin in Miscellaneous Book "M", Volume 14, Page 317. 2013-1384 Civil Terin. Bank of New York Mellon Trust Vs . Francis H McElhenny Deceased, Unknown Heirs, Successors, Assigns and All Persons Firms or Associations, Claiming Right, Title or Interest from or Under Atty: Joseph Schalk By virtue of a Writ of Execution No. 13-1384 CIVIL THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ' ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. SUCCESSOR TO JPMORGAN CHASE BANK N.A. FOR RAMP 2004-KRI v. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, I'l'ILE OR INTEREST FROM OR UNDER '1 FRANCIS H. MCELHENNY, DECEASED owner(s) of property situate in the EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 60 ASHFORD DRIVE, ENOLA, PA 17025.2320 Parcel No. 09.13.1002.371 (Acreage or street address) improvements thereon: RESIDENTIAL DWELLING elfil C2 QC1 This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 and subscribed before 02 day of May, 014 A.D. Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ACSOCIATION 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 Sheriffs Deed in which Residential Asset Mtg Pro Inc, Home Eq Mtg Asset Back - Tr is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 7th day ofJanuary, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1384, at the suit of Ramp 2004-KR1 against Francis H McElhenny, , heirs is duly recorded as Instrument Number 201426274. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of , A.D. (ti 711-) Re rder ecorder of Deeds s, Cumberland County, Carlisle, PA My Commis ion Expires the First Monday of Jan. 2018 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 18, April 25 and May 2, 2014 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. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this da of May, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL. SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.. CUMBERLAND CNTY My Commission Expires Apr 28, 2018