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Home My WebLink About07-4830 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst. IL 60]26 v. Timothy C. Keane ] 10 East Countryside Drive Boiling Spring, PA 17007 and Natalie P. Keane 110 East Countryside Drive Boiling Spring, PA 17007 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number Qr(-~$~Q CiVi(T+Bt'~1'1 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO 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 en*_ering 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. YUU SHOULD TAKE THIS PAPER TU YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER, GO "TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 7. Liberty Avenue C<rrl.isle, YA, 1`%013 8U0-990-y108 Le han demandado a usted en la Corte . Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte ('.~.0 ) dias de plazo al partir de la fecha de la demanda y la notificacion. Race falta asentar ~.:na co~as~encia escrita o en persona o con un abogado y entregar a la Corte en forn~a escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LISTED LF. DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIA"rAMENTE. SI LISTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA I:XPUSO ABAJO. ESTA OFICINA LO PUEDE PRUPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO SI LISTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS F,LEGIBLES EN UN HONURARIO REGUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association; 2 Liberty Avenue i:arlisle, PF,, 17013 800- 990-97.i?8 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 v. Timothy C. Keane 110 East Countryside Drive Boiling Spring, PA 17007 and Natalie P. Keane 110 East Countryside Drive Boiling Spring, PA 17007 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number D 7. H~'30 L'u~ ~c~-- CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Timothy C. Keane, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 110 East Countryside Drive, Boiling Spring, PA 17007. 3. The Defendant is Natalie P. Keane, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 110 East Countryside Drive, Boiling Spring, PA 17007. ' 4. On 03/15/2006, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1943, Page 3392. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 110 E Countryside Drive, Boiling Spring, PA 17007. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/20/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 79,414.80 Interest through 08/14/2007 $ 3,995.46 (Plus $ 27.18 per diem thereafter) Attorney's Fee $ 3,970.74 Title Search $ 200.00 GRAND TOTAL $ 87,581.00 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff s Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $87,581.00, together with interest at the rate of $27.18 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBER AND CONWAY, P.C. BY: ~ i ~~" Attorfieys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEI5BERG AND CONWAY, P.C. ~~ BY: i~ Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE This instrument was prepared by: NANCY J DITZEL (Name} 419 VILLAGE DR STE 2,CARLISLE, PA. 17013 Address Return To: Records Processing Services 577 Lamont Road Elmhurst,IL 60126 (800) 547-8776 UPI # 40-10-0638-063 711715 MORTGAGE IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 15TH of MARCH 2006 ,between the Mortgagor, T I MOTHY C . KEANE AND NATAL I E EANE , HUSBAND AND WIFE hereln orrower an ortgagee B EF I C I AL CO M D I C ANY D /A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA , a corporation organized an existing un er t e aws o L I A , w ose a Tess >s 419 VILLAGE DRIVE, SUITE 2, CARLISLE, PA 17013 erein "Lender"). a The following paragraph preceded by a checked box is applicable. X WHEREAS, Borrower is indebted to Lender in the principal sum of $ evidenced by Borrower's Loan Repayment and Security Agreement or Sewn ary ortgage an Agreement dated and any extensions or renewals thereof (herein "Note"), providing or moot y installments o prlncipal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on MARCH 1~. 2031 a WHEREAS, Borrower is indebted to Lender in the principal sum of $ , or so much thereof as may be advanced pursuant to Borrower's Revolving an Agreement dated and extensions and renewals thereof (herein "Note"), providing for monthly lasts meats, an interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ ; TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania: SEE EXHIBIT A-LEGAL DESCRIPTION 11(11111 II IIIII q qq ql ll~ Iq NI IIII 1111111 IIIIil ql q III IIII IIII iNll glll III ql Iq Iq INII q INS qll If IIII '~K43766187C90MTG7000PA001301F~"KEANE ^ FILE COPY 11-11-05 MTG PA00130i ~ ~ f ,f ».1 -2- TOGETHER with all the improvements now ar hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." $orrower covenants that Harrower is lawfully seised of the estate hereby conveyed and has the right to mortga8e, grant and convey the Property, and that the property is unencumbered, except for encumbrances of •record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as foElows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest (including any variations in interest resulting from changes in the Contract Rate that may be specified in the Note) on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shalt also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender; (a) cash; {b) money order; (c) certified check, bank check, treasurer's check or cashier a check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section l2. Lender may ;return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment io bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2 or as maybe required by the Note andlor applicable law, all payments accepted and applied by Lender shall be applied in the following order of priority: {s} interest due under the Note; (b) principal due under the Note; {c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment 11-11-05 MTG PA001302 IIB~lI~IMIII~~~I~~II~nI~II~~IYII~~~YIII~~IBVYI~I~I~VNI~U~II~IIII "K437661B7C90AITG7000PA001302F""KEANE M FILE COPY -S- and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Volunatary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Fuads for Escrow Items. Borrower shall pay to Lender on the day Peridic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for; {a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b} leasehold payments or ground runts on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and {d} Mortgage Insurance premiums, if any. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 7. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 7 and pay such amount and Borrower shall then be obligated under Section 7 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 12 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 35000, as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this security instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally related mortgage loan" under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity {including Lender, if Lender is an institution whose deposits are so insured) 11-11-05 MTG PA001303 IIIU~IIIUII~llllllllilllllll~al~llll~~(~~I~m~~~lll~alllllll~llalgll~lllll~lll! "K437661B7C90MTG7000PA001303F~"KEANE ~ FILE COPY -4- or in any Pederal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrows for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless an agrcement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shell notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of Borrower a obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, dad of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by bender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in s condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or 11-11-05 MTG PA001304 III~UN~~~INMIN~NINNII~NN~~II~~~N~~~~~~®®~q~~~NNIIN "K437661B7C90AITG1000PAD01304F""KEANE ~ FILE COPY -5- governing the condominium or planned unit development, the by-laws end regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shalt be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. bender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance i n lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agrcement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to an}• successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or ref use to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b} is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any no#ice to Borrower provided for in this Mortgage shall be given by deli vering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the mannerdesignated herein. 13. Governing Law; Severability. The applicable law contained in the Note shall control. ~'Vhere no applicable law is contained therein, the state and local laws applicable to this Mortgage shall be the laws of the jurisdicti o) ~~ ~ Illl~h t~~ ~~11 II~11 I~~~! IUI IIIU I~~~~I IW I~`Il1U I~IU ~W I~l~ ~~ E~ Ili UI~ ~~ ~ ~I~~IIWI ~ WIppP'A0011305 11-11-05 MTG 6~IIIpI ~K43T66197C901ATG70DOPA001305F*MKEAIVE M FILE COPY -6- of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage of the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lelider, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, {b) a .transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of .a purchase money security interest for household appliances, {e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by bender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof, NONUNIFORM COVENANTS. Borcower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph l6 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The 11-11-05 MTG PA001306 IIIIII~N~I~®®~~®~IN~~NNI~IN~~I~~I~II~IININIININN~~N •K437661B7C90MT01000PA001306F""KEANE M FILE COPY -7- notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexist~nee of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lendcr, at Lender's option, may declare all of the sums secured by this Mortgagc to be immediately duc and payablc without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expeases of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower wntained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by reference and made a part of this Mortgage. 11-11-05 MTG I~~~IN~II~II~~~~I~~Y~~~~~III~~I~I~III~~~III~AI~1111~~~~~ PA001307 ~'K437661a7C90MTG1000PA001307F^kKEANE ^ FILE COPY -8- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST $orrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance an any sale or other foreclosure action. E -orrower ~'~a~.~.~ c. IE KEANE -orrower COMMONWEALTH OF PENNS~LVAP~A, CUMBERLAND County ss: I, DENISE M CHUBB a Notary Public in and for said county and state, do hereby certiy t at M C K AND NATALIE KEANE, HUSBAND AND WIFE personally known to me or proven sans actors y to t e same persons whose names ARE subscribed to the foregoing instrument, appeared before me this day in person, and acknow a ge t at T he Y signed and delivered the said instrument as THEIR free voluntary act, or the uses and purposes therein set forth. Given under my hand and official seal, this 15TH day of _ MARCH , 20 06 My Commission expires: psayaM.~ ~ ~ r ~~ ~ My C,,,,~",,,a,~'~,~'t 2000 Notary Public DENISE M CHUBB Mwnbw, P«xpylwN~ Awdaaan o111ofariw COMMONWEALTH OF PENNSYLVANIA, County ss: I~ a Notary Public in and for said county and state, do hereby certi y that personally known to me or proven sails actors y to t e same persons whose name s subscribed to the foregoing instrument, appeared before me this day in person, and acknowle get e that he signed and delivered the said instrument as fret voluntary act, or the uses and purposes therein set forth. Given under my hand and official seal, this day of ~ My Commission expires: 11-11-05 MTG Notary Public PA007368 II~~INII~~~NNIVNIIN~~I~IN~II~INIIIN~I~N~~I~~N~I~II~ ^K437661B1C90MTG7000PA001308F""KEANE M FILE COPY I hereby certify that the precise address of the Lender (Mortgagee} is: -9- {Spece Below This Lino Reserved For Leador nad Recorder) 11-11-05 MTG PA001309 III~IIU~IUIII~III~INII~)IUWiIIIW111~~UW9~~I~~~~~~1111(N~~~flul~~~Wl "K43T6618TC90MTG7000PA001309F""KEANE " FILE COPY EXHIBIT A (PAGE 1) ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON IN THE COUNTY OF CUMBERLAND AND CObO-lONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 08/17/2001 AID RECORDED 08/23/2001, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 248 AND PAGE 310. TAX MAP OR PARCEL ID NO.: 40-10-0638-063 I~~~~~~I~WU~~III~~~~I~U~IB~4~~~(~~M~~~~~I~~6~I~~IIIII~1~~n~Ilu "K43766187C90AtTG7000PA001300F""KE1WE " FILE COPY A 6.. om 00 00 (`~ ~~ <-~ ~ 7 ~_~ Z~ tt ~ 00 '` ~ . t ~ i_ ~ ~i I~ ^~ D _ ~ _ ~. ,~ ~; c~ e .'~ SHERIFF'S RETURN - REGULAR .f CASE N0: 2007-04830 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS KEANE TIMOTHY C ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KEANE TIMOTHY C the DEFENDANT at 2030:00 HOURS, on the 20th day of August 2007 at 110 EAST COUNTRYSIDE DRIVE BOILING SPRINGS, PA 17007 by handing to NATALIE P KEANE ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 .00 10.00 R. Thomas Kline .00 32.80 08/21/2007 MCCABE WEISBERG CONWAY By: day eputy Sheriff A.D. .~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-04830 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS KEANE TIMOTHY C ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KEANE NATALIE P the DEFENDANT at 2030:00 HOURS, on the 20th day of August 2007 at 110 EAST COUNTRYSIDE DRIVE BOILING SPRINGS, PA 17007 NATALIE P KEANE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 ~( .00 ~~2~~Z ~ 16.00 Sworn and Subscibed to before me this day So Answers: ~I~Q••I R. Thomas Kline 08/21/2007 MCCABE WEISBERG CONWAY By: Deputy Sheriff of A.D. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Attorneys for Plaintiff Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas v. Timothy C. Keane and Natalie P. Keane Number 07-4830 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $ 87,581.00 Interest from 08/15/2007 - 09/26/2007 $ 1,168.74 TOTAL $ 88,749.74 McCAB~'., W~~S~E~AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE AND NOW, this day of , 2007, Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, and against Defendants, Timothy C. Keane, and Natalie P. Keane, and damages are assessed in the amount of $ 88,749.74, plus interest and costs. BY THE PROTHONOTARY: .s ~. d C McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d!b/a Beneficial Mortgage Company of Pennsylvania v. Timothy C. Keane and Natalie P. Keane Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-4830 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Timothy C. Keane, is over eighteen (18) years of age and resides at 110 East Countryside Drive, Boiling Spring, PA 17007; and that the Defendant, Natalie P. Keane, is over eighteen (18) years of age and resides at 110 East Countryside Drive, Boiling Spring, PA, 17007. SWORN TO AND SUBSCRIBED BEFORE ME THIS ~L DAY OF , 2007. McCABE~W^EISBERG, AND CONWAY, P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESOUIRE ~.: ,r~~dA°;:s:~ TARY PUBLIC ~~t~,a%.._.~'~-~='°'~' -~`-- ~``.°".,^.,~~_......~.:..---~- CSLri~'IPe `~. ~:~i~ '~,;.:~i,l_, i a:;.3~'J ice' L',~+IC AG~fy ci €'.:~ ..c:r ~ ~ ~~; i 1 ~~6' y~ lit ~ "..ia`it~ Re~lucst ;or Vlilita~~ Status Department of Defense Manpower Data Center t~f ~~ ~ Military Status Report ~~ ~ Pursuant to the Servicemembers Civil Relief Act ~, F Page 1 of 2 SEP-10-2007 06:53:30 ~. Last Name First/Middle Begin Date Active Duty Status Service/Agency KEANE Natalie P Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ~ ~ . Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS} database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940), DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-dutti and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain iiirther information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://w~~w._defens_Blink._miUfaq/pis/PC09SLDR_ht_ml WARNING; This certificate was provided based on a name and Social Security number (SSN) provided hops://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9!10/2007 bequest for Military Status Page 2 of 2 by the requester. Pro~~iding an erroneous name or SSN will cause an erroneous certificate to be provided. lze~~or! lD:lfCIiJNC]lPN~'K https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/10/207 Request for ;Military- Status Department of Defense Manpower Data Center ~~~r;~- ~~'~ .Military Status Report e~.. f ry `•t ~. Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 SEP-10-2007 06:52:16 '~. Last Name First/Middle Begin Date Active Duty Status Service/Agency KEANE Timothy C Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ~ -~~ Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. if you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http(lwww.defenselink,miUfadJpis_/.PC09SLDR.html_ WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/10/2007 bequest for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Keport ID: KCJ.SLAHXTE https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/10/2007 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE -1D # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d!b/a Beneficial Mortgage Company of Pennsylvania v. Timothy C. Keane and Natalie P. Keane Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-4830 CERTIFICATION I, the undersigned attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS aG DAY OF ~°' , 2007. ~Q/ ~ . OTARY PUBLIC McCABE, WEISBER AND CONWAY, P.C. BY:~ ~~' ` A orneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE C"_:lFr"ot.'.:1SVLdl<<A,!.aTf : ~'r~ ~'^ ^:"~i: ~'i .~.';C:F° f~t~ t;',iiiir;ns ~'!.'r, eft',.'; ~3 ~f9it^ s, i'~:~ ~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary September 10, 2007 To: Timothy C. Keane 110 East Countryside Drive Boiling Spring, PA 17007 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Timothy C. Keane and Natalie P. Keane Cumberland County Court of Common Pleas Number 07-4830 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU .ARE IN DEFAULT BF,CAUSE 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 CLAlh15 SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (lO} DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU W ITHOU"FA HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 PRO V I DE YOU W ITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTR.4 EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PEASONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUl'O. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10} DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER LISTED EN CORTE U 0[R PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y LISTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAA ESTE PAPEL A SU ABOGADO 1NMEDIATAMENTE. Sl LISTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORAIACION ACERCA DE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland Coun[y Bat Association 2 Liberty Ave Carlisle, PA, 800-990-91 / 1• McCABE, WEISB Y~'.C. B Y,: ,~~`~~ 1 ~ , r~ Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE TJM/kpa ~:. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary To: Natalie P. Keane i 10 East Countryside Drive Boiling Spring, PA 17007 September 10, 2007 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Timothy C. Keane and Natalie P. Keane Cumberland County Court of Common Pleas Number 07-4830 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH "flit; COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FOR fH .AGAINST YOU. UNLESS YOU ACT WITHIN TEN (lO) DAYS PROhI THL D-1TE OF THIS NOTICE., A .IUDGMENT MAY BE ENTGRED AGAINST YOU W ITHOU"f A HEARING AND YOU M.AY LOSE YOUR PROPERTY OR OTHER IMPORT:INT RIGHTS. YOU SHOULD Tr1KE THIS PAPL-R TO YOUR LA6VYER AT ONCE. IF YOU p0 NOT HAVE A LAWYER, GO "f0 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 LA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU 1l'ITH INFORMATION ABOUT AGENCIES THATMAY OFFER LEGAL SERVICES TO F.1,IGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELUTA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR .ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUY'O. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (lO) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER LISTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SEN"fENCIA EN SU CONTRA Y LISTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OPICINA LO PUEDE PROPORCIONAR CON INFORh1AClON ACERCA DE EMPLEAR .A UN ABOGADO. SI LISTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPA2 DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGl1N HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 170]3 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE TJ M/kpa VERIFICATION The undersigned, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. McCABE, WEISBE''/~~.AN~ONWAY, P.C. ~~ BY~~ Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE C") T..i ?~? ~: ;. ~ ___, c ,~. T ~ ^~ r: i -n a ~ ~ $ ~~ ~' _ '`; ~~ ~ D t. '? s u ~ - ~~~^ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary To: Timothy C. Keane 110 East Countryside Drive Boiling Spring, PA 17007 Beneficial Consumer Discount Company d/b!a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas v. Timothy C. Keane and Natalie P. Keane Number 07-4830 NOTICE Pursuant to Rule 236, you are hereby notified that a 3UDGMENT has been entered in the above proceeding as indicated below. Curt Long Prothonotary X Judgment by Default _ Money Judgment _ Judgment in Replevin _ Judgment for Possession If you have any questions concerning this Judgment, please call McCABE, WEISBERG AND CONWAY at (215) 790-1010. q/a8/o~ /5/.e. ~4~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary To: Natalie P. Keane 110 East Countryside Drive Boiling Spring, PA 17007 Beneficial Consumer Discount Company d!b!a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas v. Timothy C. Keane and Natalie P. Keane Number 07-4830 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curt Long Prothonotary X Judgment by Default Money Judgment Judgment in Replevin _ Judgment for Possession If you have any questions concerning this Judgment, please call McCABE. WEISBERG AND CONWAY at (2151790-1010. 9fas~o~ 1~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION ,ticial Consumer Discount Company .,/a Beneficial Mortgage Company of ennsylvania FILE NO.: 07-4830 Civil Term AMOUNT DUE: $88,749.74 Plaintiff v. Timothy C. Keane and Natalie P. Keane Defendants Interest from 9/27/2007 to 3/5/2008 DATE OF SALE plus $14.59 per diem thereafter ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendants 110 E Countryside Drive, Boiling Spring, PA 17007 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendants in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) a~ndens insf real estate of the defendants described in the attached exhibit. () ~,,, ~. DATE: Signature: ~ ~'"~ Print Name: McCABE, WEISBERG, AND NW , P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQ RE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE F =~ '1A .gyp, ~ O O ~ ,p ~r~,' .~.~ ~ ~ ~ ~ _ _ ~ D ~ L; „ ..._ ~ -~ ~, o v ~ ~ ~ ~a -v ~~ _ ~. + McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania COURT OF COMMON PLEAS Plaintiff v. Timothy C. Keane and Natalie P. Keane Defendants CUMBERLAND COUNTY Number 07-4830 AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 110 E Countryside Drive, Boiling Spring, PA 17007 (Tax Parcel #40-10-0638), a copy of the description of said property is attached hereto and marked Exhibit "A". 1. Name and address of Owners or Reputed Owners: Name Timothy C. Keane Address 110 East Countryside Drive Boiling Spring, PA 17007 Natalie P. Keane 110 East Countryside Drive Boiling Spring, PA 17007 2. Name and address of Defendants in the judgment: Name Timothy C. Keane Address 110 East Countryside Drive Boiling Spring, PA 17007 Natalie P. Keane 110 East Countryside Drive Boiling Spring, PA 17007 __ ~ 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 M&T Mortgage Corporation One M & T Plaza Buffalo, NY 14203 Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. M&T Mortgage Corporation One M & T Plaza Buffalo, NY 14203 5. 6 Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which maybe affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Tenants Commonwealth of PA Department of Public Welfare Domestic Relations Cumberland County Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address 110 E Countryside Drive, Boiling Spring, PA 17007 P.O. Box 2675 Harrisburg, PA 17105 P.O. Box 320 Carlisle, PA 17013 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 na ~_ -r~ t~ Q ~+- M~ ,~/ y 'r... F ^~/ t. • ~1 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Department of Public Welfare TPL Casualty Unit Estate Recovery Program United States of America c/o U.S. Attorney for the Eastern District of PA United States of America c/o U. S . Attorney for the Middle District of PA United States of America c/o Attorney for the Western District of PA Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Willow Oak Building P.O. Box 8486 Hamsburg, PA 17105-8486 615 Chestnut Street Philadelphia, PA 19106 235 North Washington Street Scranton, PA 18503 633 U.S. Post Office and Courthouse 7`h & Grant Streets Pittsburgh, PA 15219 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsi~,c~ion to authorities. October 9, 2007 McC ISBER , ,, -CO , P.C. ~. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQ MARC S. WEISBERG, ESQUI EDWARD D. CONWAY, ESQ MARGARET GAIRO, ESQUIRE C ~ .~' t ~ ~ r' °° ~ ~ m ~7 ~W - ~ ~ ~~-; "' ~" ~ ~ t~ 1 r .~ ;"~ -t .: 1.C7 CIVIL ACTION LAW Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania COURT OF COMMON PLEAS v. Timothy C. Keane and Natalie P. Keane CUMBERLAND COUNTY Number 07-4830 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Timothy C. Keane Natalie P. Keane 110 East Countryside Drive 110 East Countryside Drive Boiling Spring, PA 17007 Boiling Spring, PA 17007 Your house (real estate) at 110 E Countryside Drive, Boiling Spring, PA 17007 is scheduled to be sold at Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $88,749.74 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conwav. P.C. at (215) 790-1010. 2. You maybe 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 on the sale. To '' find out if this has happened, you may call McCabe Weisberg and Conway P_C. at (215) 790-1010. 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 a 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 maybe entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 LEGAL DESCRIPTION A~,L that '~':eC`: >ir ~"C` 'J~ ~~':.:~ "aitaate 1St Sautl'- Middleton Township, Cuoilxrland Cawtzy, Pecwsyt ~~ ~ .~~ :~~ad as follows: BE41NN IN V ~ <~ ' ~ ~ --. ~ ~~e nosther~a right of way line of East Countryside Drive, (S4 foot right-of moray}, s~ d ~~ :.. ~, ~~ _ °~.'~ze~accod ftonLihaccutncti~ intersection of Igoe L.ane{50 foot ~ight- of-way}and East Co~~rr.,~rside Dive by the fnliowing: ftom said 3cttersection along centerline of East Countryside T}rive, ;, .. t.;h 87 degrees 18 minces 49 seconds East, a d'~stance of 163.00 feet to a poi:at; thence aMC -°~ `"ast Countryside Z}rivo, Naztb 02 degse~ al minutes 11 seconds East, a distance of 25.00 foal to a poitrt da the southern rig~+t~f-way tine of East Countryside Drive at the southeast corner of ?.,ot# 38 and the Point ofBegir~ing; thenct along the East side of Lot No. 38, North 02 degrees 41 minutes ] 1 sccotids East, s distance of 121.45 fret to a point; thence altnr-g the South aide of Lot No.33, South 87 degrees 18 minutes 49 seconds East, a distance of 134.00 fret to a point; thence along the West side ofLot No, 44, South 02 degrees 4l miuutcs l l seconds 'W'est, a distance of 121.03 feet to ac point an the nortkurn right-of--way of East Countryside Drive; tbcnce atamg said right-of--way, North 87 dGgrces 18 minutq 49 seconds West' a distaaec of 134.00 feet to the Paint of $ECi~+!'l•III~IG. HEING Lot No. 39 of the Plan of I..trts known as Misty hticadvws, Phase l as recorded on the Q~ice of Recorder of Deeds far Combtrlaad Cotmty, is Platt Book')')', Page 9S; cor-t~pin$ 16,220.OS sgteare feet. SLJ$3EC'I' to building snd~use restrictions set forth in Miscellaneous nook 606. Page 1004. BEING KNOWN AS 110 E COUNTRYSIDE DRIVE, BOILING SPRING, PA 17007. Being the same premises which Lonetree, Inc. by deed dated 8/17/2001 and recorded 8/23/2001 in the office of the Recorder in and for Cumberland County in Deed Book 248, Page 310, granted and conveyed to Timothy C. Keane and Natalie P. Keane, husband and wife„ in fee. TAX MAP PARCEL NUMBER: 40-10-0638 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4830 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s) From TIMOTHY C. KEANE & NATALIE P. KEANE (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 $88,749.74 L.L.$.50 Interest from 9/27/07 to 3/05/08 Date of Sale plus $14.59 per diem thereafter Atty's Comm Atty Paid $167.80 Plaintiff Paid Date: 10/10/07 (Seal) Due Prothy $2.00 Other Costs C is R. Long, Prothonot By: Deputy REQUESTING PARTY: Name EDWARD D. CONWAY, ESQUIRE Address: MCCABE, WEISBERG & CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone : 215-790- i 010 Supreme Court ID No. 34687 10/30/2007 16:06 FAX 215 790 1274 MCCABE 1~J002 LAW OFFICES McCABE, VVEISBERG & CONWAY, P.C. . TERRENCE J. McCABE'*' tE ~ stn MARC 5. WEISBERG*• 21 @ HADDON A VENUE EDWARD D. CONWAY SL/1TE 2080 W I STMO.YT, NJ O8] OS MARGARET GAIRO 123 SOUTH BROAD STREET (856) 858-7080 LISA L WALLACE+t PHILADELPHIA. PA 19109 >• Ax (BSG) 858-7020 BRBNDA I.. BROGDON* (Zl5) 790-1010 MICHELLE M. MON'I'E "" FAX (215) 790-1274 SUITE 40] FRANK DUBW 145 HUGVIIVOTSTREEr ANDREW L. MARKOWITZ NEW ROCH1iLLE, NY 10801 KATHERINE SANTANGWT* (914}636-89W BONNIE DAHL* 1'AX (914}636-8901 ANGELA M. MICHAELn Also servicing Connecticut SCOTT TAGGART* DEBORAH K. CURRAN3• LAURA H.G. O'SUIJ-IVANt• SUITE 302 S~p~~ g H(]gl,Ey.. 8101 SAND)' SPRING ROAD JASON BROOKS" LAUREL, MD 20707 (301)490-1196 ?A$ (3l~1) 490-1568 Also servicing The District of Columbia • [Jac.erinPwaNl and Virginia •• uocnw ~, PA a NY • u~ m Nv •• um~.*r a w Of Counsel uund ~a PA a ww PrrNICI ; & MA RGOLIN, LLP^ - NY ••• uc.o.m m PA w t Nr + DEBORP H K. CURRAN • - MD & DC ~''`°"`d'" ~ a ~ urea r wo a nc October 30, 2OO~I LAURA H G. O'SULLIVAN• - MD & DC -• ummedin MD STEPS ANIE IL HURLEY•• - MD + min{AUwnry (ur NY JOS ~H F RIGA' - PA & NJ : rlona~n~ N~omep rn 1~ . Sheriff of Cumberland County 1 Courthouse Square Third Floor Carlisle, PA 17013 Re: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylva nia vs. Timothy C. Keane and Natalie P. Keane Cumberland County; Court o£ Common Pleas; No. ~ I~ /~/p•2f v 7 ~,.,. Premises: 110 E Countryside Drive, Boiling Spring, PA, 17007 Dear Sheriff: As you know, the above-captioned matter is currently scheduled for,tlle`March 5, 2008 Sl•erifPs Sale. I am requesting at this time that you stay this sale. No money has been received. Plt:ase be advised that this sale is stayed as a result of Beneficial's deficient equityposition. As acknowledgment of this stay, 1 would appreciate your signing or time-stamping a cop} of this letter and faxing the same to my attention. Thank you for your cooperation. Very truly yours, /~i~~eG~~1:tC~IiJ ~-C~ ~ Denise Williams Legal Assistant /dw SENT VIA FACSIMILE TRANS1V1~1<TTAL-NUMBER 717-240-6397 SHERIFF'S OFFICE-RECEIVED BY: SIGNATURE DATE Thts is a communication from a debt collector. This letter may be an attempt to: collect a debt and any inforniution obtained will be used for that purpose. TERRENCE ]. McCABE*** MARC S. WEISBERG** EDWARD D. CONWAY MARGARET GAIRO LISA L. WALLACE+1' BRENDA L. BROGDON* MICHELLE M. MONTE ^^ FRANK DUBIN ANDREW L. MARKOWTTZ ROBERT W. CUSICK * BONNIE DAHL* ANGELA M. MICHAEL» SCOTT TAGGART* DEBORAH K. CURRANt• LAURA H.G. O'SULLIVANf• STEPHANIE IL HURLEY• JASON BROOKS^ * Licensed in PA & NJ *• Licensed m PA & NY ^ Licensed in NY ^^ Licensed in NJ Licensed in PA &. W A ••* Licensed in PA, Nl & NY t Licensed in NY & CT Licensed in MD & DC •. Licensed m MD + Managing Attorney far NY t Mwaging Attorney ~r MD Sheriff s Office 1 Courthouse Square Third Floor Carlisle, PA 17013 SUITE 302 8101 SANDY SPRING RGAD LAUREL, MD 20707 (301)490-1196 FAX (301) 490-1568 Also servicing The District of Columbia and Virginia Of Counsel PITNICK & MARGOLIN, LLP^ - NY DEBORAH K. CURRAN • - MD & DC LAURA H.G. O'SULLIVAN• - MD & DC STEPHANIE H. HURLEY• • - MD JOSEPH F. RIGA• - PA & NJ October 9, 2007 Re: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Timothy C. Keane and Natalie P. Keane Cumberland County, Number 07-4830 Premises: 110 E Countryside Drive, Boiling Spring, PA, 17007 Dear Sir or Madam: Enclosed please find 4 copies of Notice of Sheriffs Sale of Real Estate Pursuant to PA.R.C.P. 3129 relative to the above matter. I would appreciate your serving the Notice upon the Defendants as follows: Timothy C. Keane 110 East Countryside Drive Boiling Spring, PA 17007 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. sUITE 600 216 HADDON AVENUE SUITE 2080 WESTMONT, NJ 08108 123 SOUTH BROAD STREET (ss6) ass-7o8o PHILADELPHIA, PA 19109 FAx (s56) ass-7o2o (215) 790-1010 FAX (215) 790-1274 SUITE 401 ]45 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914}636-8900 FAX {914)-636-8901 Also servicing Connecticut Natalie P. Keane 110 East Countryside Drive Boiling Spring, PA 17007 Very truly yours, /~`C~1P~G~- Gloria Mitchell, Paralegal for McCabe, Wesiberg and Conway, P.C. Enclosures WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4830 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s) From TIMOTHY C. KEANE & NATALIE P. KEANE (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 $88,749.74 L.L.$.50 Interest from 9/27/07 to 3/05/08 Date of Sale plus $14.59 per diem thereafter Atty's Comm Atty Paid $167.80 Plaintiff Paid Date: 10/10/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs is R. Long, Prothonot By: Deputy Name EDWARD D. CONWAY, ESQUIRE Address: MCCABE, WEISBERG & CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34687