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09-1667
M LAWRENCE E. KEEFAUVER, : IN THE COURT OF Plaintiff : CUMBERLAND CC V. No. Oq - I LO(o 7 ION PLEAS OF , PENNSYLVANIA a-?VU 1-et-*% JOANNE LINDA MIKUS-KEEFAUVER, : CIVIL ACTION - LAW Defendant : IN DIVORCE YOU HAVE BEEN SUED IN COURT. If you wish to def forth in the following pages, you must take prompt action. You are w so, the case may preceed without you and a decree of divorce or a against you by the Court. A judgment may also be entered against 1. relief requested in these papers by the Plaintiff. You may lose money important to you, including custody or visitation of your children. I against the claims set red that if you fail to do ilment may be entered for any other claim or property or other rights When the ground for the divorce is indignities or irretrievable bm- down of the marriage, you may request marriage counseling. A list of marriage counselors is a ailable in the Office of the Prothonotary, at the Cumberland County Courthouse, One Courthou;e Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNUIAIENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF TIIEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A LET :FFO . IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE RTH BE LOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 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 R NO FEE. CUMBERLAND COUNTY BAR ASSOCIA' 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 r Joseph D. Caraciolo, Esquire Attorney ID No. 90919 Foreman, Foreman & Caraciolo, P.C. 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391 Telephone (717) 236-6602 Facsimile joseph@ffclaw.net Attorney for Plaintiff LAWRENCE E. KEEFAUVER, : IN THE COURT OF COl Plaintiff : CUMBERLAND COUN': V. No. D 9 - 11,4 7 CCIA JoANNE LINDA MIKUS-KEEFAUVER, : CIVIL ACTION -LAW Defendant : IN DIVORCE AND NOW, comes the Plaintiff, Lawrence E. Keefauver, by Joseph D. Caraciolo, Esquire and Foreman, Foreman & Caraciolo, P.C., Complaint in Divorce and, in support thereof, avers as follows: 1. The Plaintiff, Lawrence E. Keefauver, is an adult 921 Derbyshire Ave, Mechanicsburg, PA 17055. 2. The Defendant, JoAnne Linda Mikus-Keefauver, is currently resides at 282 Walton Street, Lemoyne, Pennsylvania 17043. 3. The Defendant and the Plaintiff have been bona fide of Pennsylvania for at least six months immediately prior to the filing of 4. The Plaintiff and the Defendant were married by formal in New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for LION PLEAS OF PENNSYLVANIA T? through his attorneys, makes the following who currently resides at adult individual who of the Commonwealth Complaint. on April 7, 2004 between the parties. 6. The marriage is irretrievably broken. L r 7. At the appropriate time, plaintiff will submit an have been living separate and apart for a period of at least two years. 8. The Plaintiff has been advised that counseling is available have the right to request that the court require the parties to participate in 9. This action is not collusive. WHEREFORE, the Plaintiff, Lawrence E. Keefauver, Honorable Court enter a decree of divorce in this matter. COUNT I - INDIGNITIES 10. Paragraphs one (1) through nine (9) are incorporated t alleging that the parties and that the Plaintiff may requests that this through reference. 11. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render the Plaintiff's condition intolerable and life 12. Defendant has wrongfully and without cause accused the Plaintiff of physical abuse which has led to his voluntary removal from the marital 13. Defendant's has engaged in a course of harassment and mental abuse so as to make life for the Plaintiff intolerable, forcing him to remove himself fr m the marital residence for his own health and safety. WHEREFORE, the Plaintiff, Lawrence E. Keefauver, respectfully requests that this Honorable Court enter a decree of divorce for Fault in this matter. 14. Paragraphs one (1) through thirteen (13) are incorporated herein by reference. 15. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in suc proportion as the Court deems just after consideration of all relevant factors. Respectfully Submitted, an order of equitable P.C. WHEREFORE, the Plaintiff respectfully requests the Court to distribution of marital property pursuant to § 3502(x) of the Divorce Code. Date: v 1 ae? EPH D. C#90?LC feterans torney LD. B uilding 112 Market Street, Sixth F Harrisburg, PA 17101 Telephone (717) 236-9391 Attorney for Plaintiff V ^ Joseph D. Caradolo, Esquire Attorney ID No. 90919 Foreman, Foreman & Caradolo, P.C. 112 Market Street, 6'' Floor Harrisburg, PA 17101 (717) 236-9391 Telephone (717) 236-6602 Facsimile JosephOffdaw.net LAWRENCE E. KEEFAUVER, Plaintiff V. JoANNE LINDA mucus- EFAuvER, Defendant : IN THE COURT OF C01 : CUMBERLAND COUN . No. CIVIL ACTION -LAW IN DIVORCE LION PLEAS OF PENNSYLVANIA VERIFICATION I verify that the statements made m this Complaint are true and corma to the best of my knowledge, infra mad6 and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authoriti Dated: LAWRENCE E. KE AUVER, plaintiff a n '? ?5 rr Foreman, Foreman & Caraciolo, P.C. Joseph D. Caraciolo, Esquire Attorney ID No. 90919 112 Market Street, 6'h Floor Harrisburg, PA 17101 (717) 236-9391 Fax(717)236-6602 joseph@ffclaw.net Attorney for Petitioner LAWRENCE E. KEEFAUVER, Plaintiff V. JoANNE LINDA MIKUS-KEEFAUVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 1667 CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE AND NOW, comes the Plaintiff, Lawrence E. Keefauver, by and through his attorneys, Foreman, Foreman & Caraciolo, P.C., and respectfully files the foregoing Petition for Special Relief averring as follows: 1. Petitioner is Lawrence E. Keefauver, an adult individual presently residing at 921 Derbyshire Avenue, Mechanicsburg, Pennsylvania 17055. 2. Respondent is JoAnne Linda Mikus-Keefauver, an adult individual presently residing at 282 Walton Street, Lemoyne, Pennsylvania 17043. 3. A divorce action was filed to the above captioned term and number on March 17, 2009 with service by certified mail, return receipt requested, and signed by Respondent on March 26, 2009. 4. Presently, no attorney has entered her or his appearance on behalf of Respondent, JoAnne Linda Mikus-Keefauver. 5. Since separation, Respondent has occupied and had exclusive possession of the marital residence. 6. Respondent, who has the financial ability to pay the mortgage, has ceased paying the mortgage on the residence and refuses to pay the full amount. 7. As a result of Respondent's action, the mortgage is in danger of defaulting and could be the subject of foreclosure which would cause a dissipation of marital assets. 1 8. The marital residence is a significant marital asset of the parties and, in order to protect the marital estate, the marital residence must be sold before foreclosure occurs. 9. The marital residence should be listed for sale immediately, with the parties cooperating to accomplish the sale and with Petitioner, Lawrence E. Keefauver acting as agent of the parties in the event cooperation does not occur. 10. The net proceeds, after payment of all mortgages, taxes, and final utilities, and expenses regarding the sale of the property, should be placed in escrow pending the finalized distribution of the assets. 11. Until such time that the marital residence is sold, Respondent, who has the financial ability to do so, should be ordered to pay the monthly mortgage and expenses with respect to said property. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order granting his Emergency Petition for Special Relief as to the sale of marital residence to prevent foreclosure. Respectfully submitted, & CA;RACIOLO, P.C. Date:O , h D. ts4ac#o, Esquire ?12 Market Street, 6t' Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 Attorney ID No. 90919 r Foreman, Foreman & Caraciolo, P.C. Joseph D. Caraciolo, Esquire Attorney ID No. 90919 112 Market Street, 61h Floor Harrisburg, PA 17101 (717) 236-9391 Fax (717) 236-6602 joseph@ffclaw.net Attorney for Petitioner LAWRENCE E. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09 - 1667 JoANNE LINDA MIKUS-KEEFAUVER, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition for Special Relief upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same postage prepaid, first class mail, addressed as follows: JoAnne Linda Mikus-Keefauver (Pro Se) 282 Walton Street Lemoyne, PA 17043 submitted, LO, P.C. Date: C a ?0 a9 J eph D. Caradjolo, k?4uir Pto rne y for Petitioner Market Street, 6th Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 Attorney ID No. 90919 Foreman, Foreman & Caraciolo, P.C. Joseph D. Caraciolo, Esquire Attorney ID No. 90919 112 Market Street, 6`b Floor Harrisburg, PA 17101 (717) 236-9391 Fax(717)236-6602 joseph@ffclaw.net Attorney for Petitioner LAWRENCE E. KEEFAUVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09 - 1667 JQANNE LINDA MIKUS-KEEFAUVER, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: l? ?9v ?' Lawrence E. Keefauver, Pet' 'over FILE D--C,`rT OF THIE F" .., T Y 200 APR 15 F'il 3: 14 CUM 4??,^:1' LAWRENCE E. KEEFAUVER PLAINTIFF V. JoANNE LINDA MIKUS-KEEFAUVER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1667CIVIL IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 17th day of April, 2009, upon consideration of the Petition for Special Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before April 28, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ?k -? ?\4 M. L. Ebert, Jr., \0 N J. eph D. Caraciolo, Esquire 1xS Attorney for Plaintiff Anne Linda Mikus-Keefauver, Pro Se Defendant " bas r L 0.1 IN L ! 888 6001 i c LAWRENCE E. KEEFAUVER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMERLAND COUNTY, PENNSYLVANIA V. JoANNE LINDA MIKUS-KEEFAUVER, No. 09-1667 Defendant IN DIVORCE ANSWER PETITION FOR SPECIAL RELIEF AS TO SALE OF MARITAL RESIDENCE AND NOW, comes the Defendant, JoAnne Mikus-Keefauver, by and though her attorney Benjamin R. Yoffee, Esq., and respectfully files the foregoing Answer to Petition for Special Relief averring as follows: 1. Admit. 2. Admit. 3. Admit. 4. Admit with qualification. Benjamin R. Yoffee, Esq. P.O. Box 216 Camp Hill, PA 17001 entered appearance on April 21, 2009. 5. Denied. Defendant is permitted to access the marital property located at 282 Walton Street, Lemoyne, PA on Saturdays providing that he provide notice of of his access by the previous Friday. (See Protection From Abuse Order Exhibit A) 6. Denied. Defendant is required to pay $612.00 on the first of every month to apply to the mortgage of the residence. (See Protection From Abuse Order Exhibit A) On March 30, 2009, Defendant hand delivered a check in the 1 amount of $612.00 to the United States Post Office where the Plaintiffs P.O. Box is located. Plaintiff subsequently cashed that check. (See Bank Statement Exhibit B) Plaintiff is responsible for contributing his half of the mortgage and making payment to the appropriate mortgagor. 7. Denied. The Defendant has complied with her obligation and agreement pursuant to the Protection From Abuse Order. Any danger of default or foreclosure is a creation of the Plaintiff s refusal to comply with the terms of the Order. 8. Denied. 9. Denied. 10. Denied. 11. Denied. Plaintiff, who has the financial ability to do so, should be ordered to comply with the Protection From Abuse Order that was lawfully agreed to by both parties with consultation of counsel and Ordered by the Court on March 19, 2009. Wherefore, Defendant respectfully requests that this Honorable Court enter an Order denying Plaintiffs Emergency Petition for Special Relief and Order Plaintiff to comply with the terms of the Protection From Abuse Order regarding the payment of the mortgage. tcs?c??C.,11 ?41 Isemj fkrn; tz. yO%ct eft PA .AkA.,,b i,o a a0?564 K E. rt'ln om(A New B 1o6nrnC, t l d j PA r7 oW f-1 hl r-Q'N_ _Ib VERIFICATION I, JoAnne Linda Mikus-Keefauver verify that the statements made in the foregoing Answer Petition For Special Relief As To Sale of Marital Residence are true and correct. I understand that false statements made here in are subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: of 2009 '.- _. 1 ' oAnne Linda Mikus-Keefauver EXHIBIT A No. 2301 P. 2 r. 10. 2009 10 : 23AM FINAL PROTECTION IN TfIE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA U Extended Order ? Amended Order NO. 2009-1101. i. PLAINTIFF [ JoAnne Linda Mikus-Keefauver 14211/1.957 wr?.??iw??+r?s+ w ? nw. ter. First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor chit<l/ren and DOB. JoAnne Linda Mikus-Keefauver 41304957 v. First Middle Last Dofcndant's Address: 282 Walton Street Lemoyne PA 17043 CAUTION: Weapon Involved O weapon Present on the Property Weapon Ordered Relinquished Ix DEFENDANT IDEMI-IFI>ERS DOB 10/14/1961 I M(IHT 61ft.I SUx Male WEIGHT 275 RACE HAIR White RYES Srown Bieck SSN 175.49-6915 DRIVS.RS LICENSE # EXP DATE STATIr PA The Court Hereby Finds:'t'hat it has jurisdiction over the parties and subject ",Otter, and the Defendant will ta: provide(] with reasonable notice and opportunity to be heard. The Court Hereby Orders: Defendant shall not abuse, harass, stalk or threaten any of thc. atx)ve persons in any place where they might be found, ?j , Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. LN Additional findings of this order arc set forth below. Order Rffective Date March 5, 2009 Order Expirudon Date March 5, 2011 NOTICE TO THE DEFENDANT VIOLA110N OH- THIS ORDER MAY RESUI:r W YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTFMPT WHICH IS PUNISHABLE BY A FINK OF UP TO SI,0o0 AND/OR A JAI. SISNTENCE OF UP TO SIX MONTHS. 23 PA.(.SA.16114. VIOLA710N MA Y Al SO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIHS UNDtA THIi PENNSYLVANIA CRIMES (ODE. A VIOLATION OF THIS ORnER MAYM.IUL:rINT)iL. REVOCATION OF171ESAI-I;K 61'INGPERMIT,WHICHWILLREQUIRETILEIMMEDIATERELJNQUISHML•NTOFYOUR FIREARMS, OTHER WIZAPONS AND AMMUNITION TO THE SHERIFF. PI,AIN711-IrS (:ONSENT TO CONTACT' BY DEMNDANTSHALL NOT INVALII)ATEIIILS ORDER WHICH (AN ONLY BE MODIRI'D BY FURTHER ORI)r;R OF COURT. 23 PS.C,S.A.16t08(g). THIS ORDt;,R IS ENFORCL•ABI.J4 IN A1.1, FIFTY (50) S CATES,1-11B DMRIC.I' OF COLUMBIA, TRIBAL LANDS, U.S. TERRTTOR114S AND THE. COMMONWEAL71'11 OF PCIERTO RICO UNDER'IIiE VIOLENC34 AGAINST WOMEN A(T,19 U.S.C. 42265. W YOU TRAVEI, OUTSIDE OIL THE STATE AND INTENTIONALLY VIOLATR THIS ORDER, YOU MAY 8E SUBJECr TO FE.VERAL CRIMINAL PRUCEEI)INGC UNDIFR THAT AL7. 14 U.S.C 542261-2262. IF YOU PO.SS19SS A FIREARM OR ANY AMMUNITION WHILE THIS ORDliR IS TN EFFE(7T, YOU MAY BE CHARGE.-I) WITH A FEDERAL 01,TENSP OVEN IF THIS PENNSYLVANIA ORDER DOHS NOr MPRF'.SSLY PROHIBIT YOU i•ROM POSSESSINO r.IREARKfS oR AMMUNITION. IS U.S.C:, 1922(s)(3). #0424-002 7175820401 04/10/2009 10:29 RECEIVED FROM: 7175064734 ' Apr. 10. 2009 10: 23AM Plaintiff or Protected Person(s) is/are: [XJ spouse or former spouse of Defendant I. ] parent of a child with Defendant [ J current or former sexual or intimate partner with Defendant [ I child cif Plaintiff f J child of Defendant [ J family member related by blood (consanguinity) to Defendant [ .j family member related by marriage or affinity to Defendant [ ] sibling (person who shares parenthood) of Defendant No. 2307 P. 3 Defendant was served in accordance with Pa. R.C.P. 1934.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: • Plaintiff appeared personally and is represented by: Grace E. D'Alo • Defendant appeared personally and is represented by: Michael Jerominsky AND NOW, this 5th Day of March, 2009 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: This order is entered by agreement without an admission, Without regard as to how the order was entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2• Defendant is completely evicted and excluded from the residence at, 282 Walton Street Lemoyne, PA 17043 As desribed below in "Other Relief," Defendant may make weekly visits to the above residence. Reasonable, non-harassing, non-threatening communications to schedule and facilitate Defendant's visits to the house at 282 Walton Street, Lemoyne, PA 17043 shall not be deemed a violation of this Order. or any other residence where Plaintiff or any other person protected under this order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no 7175820401 04/10/2009 10:29 RECEIVED FROM: 7175064734 #0424-003 Ap r. 10. 2009 10: 23AM No. 2301 P. 4 Tight or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Defendant shall not contact Plaintiff, either directly or indirectly, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted as authorized by §614$ of the Act: - Defendant shall not damage, destroy or dispose of in any manner any property owned jointly by the parties or solely by the Plaintiff. --Defendant shall be allowed access to the house at 282 Walton Street, Lemoyne, PA 1.7043 once a week. This weekly access shall be on Saturdays during the day and Defendant shall notify Plaintiff on Friday of the time he wants to have access. He shall notify Plaintiff of any personal items he intends to remove from the premises. --Plaintiff shall pay Defendant $612.00 on the first of every month to apply to the mortgage on the residence at 282 Walton beginning on April 1, 2009. The parties shall share equally in the cost for the water, sewer and trash associated with the said residence. --Reasonable, non-harassing, none-threatening communications by Defendant to inform Plaintiff of any personal items he plans to remove from the residence will not be deemed a violation of this Order. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: West Shore Regional PD PSP-Carlisle Barracks 7. All provisions of this order shall expire in 2 years on March 5, 201.1. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF LIP TO $1,000 AND/OR A JAIL SENTENCE 7175820401 04/10/2009 10:29 RECEIVED FROM: 7175064734 #0424-004 Ap r. 10. 2009 10: 23AM No. 2301 P. 5 OF UP TO SIX MON'T'HS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESUL'T' IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(1;). THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, I.I.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 1.8 U.S.C. §2265.1F YOU'rRAVP;L OUTSIDE OF TTIE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER TIIA'r ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOTEXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(8)(8). NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS The police and sheriff who have jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located, shall enforce this order. The court shall have jurisdiction over any indirect criminal contempt proceeding, either in the county where the violation occurred or where this protective order was entered. An arrest for violation of paragraphs I through 4 ofthis order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. The Sheriff of Cumberland County shall maintain possession of the firearms, other weapons or ammunition untii further order of this court. When Defendant is placed under arrest for violation of this order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shal l then be completed and signed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond set, if appropriate and both parties given notice of the date of the hearing. 7175820401 04/10/2009 10:29 RECEIVED FROM: 7175064734 #0424-005 :Ap r. 10. 2009 10: 23AM R THE COURT No. 2307 P. 6 i4 7._ ISIP11mJ - ),A -? Date Edwar E. Guido, Judge Entered pursuant to the consent of Plaintiff and Defendant: o Ann L. Mikus-Keefauver Date Tarr y Auacn Keefauver, D to Plaintiff Defendant E. D Alo, Date Michael M P i, Date ormcy for Plainti IT Attorney for Defendant MidPenn Legal Services Foreman, Foreman & Caraciolo, PC 401 East Louther Strcet .112 Market Street .Carlisle PA 17013 Harrisburg PA 1.7101 PistributipAtQ, MidPenn Legal Services, Attorney for Plaintiff Michael M. Jerominski, Attorney for Defendant Faxed and Mailed to PSP COPY ? R ? »:. tai lle. rim, 7175820401 04/10/2009 10:29 RECEIVED FROM: 7175064734 #0424-006 EXHIBIT B rAp r. 20. 2009 1:1 OPM No. 3565 P. 2/2 atd3t 7Ra6ow Ja ;t a. 24 17" 3 `) ?• 7 $ MaT :fit. 1. .?..•%,;,.. WWI PLAM Off= ?0 13029551: 9 3,53? 8 2w0 ?$ 2 14 245 T#t o ?t cw ii w 1 Of 1 7175820401 04/20/2009 12:13 RECEIVED FROM: #0446-002 OF THE FROTHCNIOTARY 2009 APR 22 AM 9: 16 N Ty F l +t tiki ??vr i`v;f LAWRENCE E. KEEFAUVER, Plaintiff v. JoANNE LINDA MIKUS-KEEFAUVER, Defendant IN THE COURT OF COMMON PLEAS CUMERLAND COUNTY, PENNSYLVANIA No. 09-1667 IN DIVORCE PROOF OF SERVICE I hereby certify that I am this day serving a true and accurate copy of the foregoing "Answer to Petition for Special Relief' upon the person and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P, 121: Service by first class mail U.S. pos a paid: Mr. Joseph D. Caraciolo, Esq.. 112 Market Street, 6'h Floor Harrisburg, PA 17010 DATED: ?aa 0 eS 14, Benjamin It. offee, EsquiM Attorney I.D. No. 208504 P.O. Box 216 Camp Hill, PA 17001 (717) 497-1021 RLEQ-i,}-I RCE OF THE € "HI CNOTARY 2009 APR 22 Aill 9: 16 CUly _ ;%r LAWRENCE E. KEEFAUVER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMERLAND COUNTY, PENNSYLVANIA V. JoANNE LINDA MIKUS-KEEFAUVER, No. 09-1667 Defendant IN DIVORCE PROOF OF SERVICE I hereby certify that I am this day serving a true and accurate copy of the foregoing "Answer" and "Counterclaim" upon the person and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P, 121: Service by first class mail. U.S. postage paid: Mr. Joseph D. Caraciolo, Esq.. 112 Market Street, a Floor Harrisburg, PA 17010 DATED: O y X 0 ?S Benjamin R. e , Esquire Attorney I.D. No. 208504 P.O. Box 216 Camp Hill, PA 17001 (717) 497-1021 FILED-OFFICE OF THE, '0THI ONOT Y 2009 APR 22 AM 9: 16 LAWRENCE E. KEEFAUVER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMERLAND COUNTY, PENNSYLVANIA V. JoANNE LINDA MIKUS-KEEFAUVER, No. 09-1667 Defendant IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Defendant, JoAnne Mikus-Keefauver, by and through her attorney Benjamin R. Yoffee, Esq. and respectfully files the foregoing Answer as follows: 1-5. Admit. 6. Neither Admit nor Deny. 7. No responsive pleading is necessary. 8. No responsive pleading is necessary. 9. Neither Admit nor Deny. 10-13. Denied. Plaintiff consented without admission to a Protection From Abuse Order initiated by the Defendant in Cumberland County on March 19, 2009; Defendant has endured years of physical, mental and emotional abuse at the hands of the Plaintiff. 14. No responsive pleading is necessary. 15. No responsive pleading is necessary. WHEREFORE, defendant respectfully request the Court to dismiss plaintiff's complaint in divorce. COUNTERCLAIM TO COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OR 3301(a)(3) OR 3301(a)(6) OF THE DIVORCE' CODE Defendant above named, plaintiff by way of counterclaim, by Benjamin R. Yoffee, Esquire, files the following counterclaim and respectfully represents that: COUNT ONE DIVORCE 1. Plaintiff on the counterclaim is JoAnne Linda Mikus-Keefauver, who currently resides at 282 Walton Street Lemoyne, Pennsylvania. 2. Defendant on the counterclaim is Lawrence E. Keefauver, who currently resides at 921 Derbyshire Ave, Mechanicsburg, Pennsylvania. 3. Plaintiff on the counterclaim and defendant on the counterclaim have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this counterclaim. 4. Plaintiff on the counterclaim and defendant on the counterclaim were married on April 7, 2004 in New Cumberland, Cumberland County, Pennsylvania. 5. Plaintiff on the counterclaim avers that she is entitled to a divorce on the grounds that the marriage is irretrievably broken, and plaintiff is proceeding under § 3301 (c) and/or (d) of the Divorce Code. 6. Plaintiff on the counterclaim, the innocent and injured spouse, avers that defendant in violation of his marriage vows and the laws of the Commonwealth of Pennsylvania has committed cruel barbarous treatment under 3301 (a)(3) by physically, mentally, and emotionally abusing his spouse and has offered such indignities to the person of the plaintiff as to make her condition intolerable and life-burdensome under section 3301(a)(6) of the Divorce Code. 7. There have been no prior actions for divorce or annulment between the parties, except the complaint filed in this instant matter. 8. The marriage is irretrievably broken. Plaintiff on the counterclaim, the innocent and injured spouse avers that defendant on the counterclaim in violation of his marriage vows and the law of Pennsylvania has committed cruel and barbarous treatment and offered such indignities to the person to make her condition intolerable and life- burdensome under sections 3301(a)(3) and 3301(a)(6) of the Divorce Code. 9. Plaintiff avers that she has been advised of the availability of counseling and that she may have the right to request the court require the parties to participate in counseling. 10. This action is not collusive. WHEREFORE, plaintiff on the counterclaim requests your Honorable Court to enter a decree of divorce, divorcing the plaintiff on the counterclaim and defendant on the counterclaim, and if the parties enter into an agreement, that the same be incorporated in the decree and entered as an Order of this Court. COUNT TWO EQUITABLE DISTRIBUTION 11. The prior paragraphs of this counterclaim are incorporated by reference. 12. Plaintiff on the counterclaim and defendant on the counterclaim have legally and beneficially acquired property, both real and personal, during their marriage, until the date of their separation, which is "marital property" 13. Plaintiff on the counterclaim and defendant on the counterclaim may have owned prior to marriage, property, both real and personal, which property has increased in value during the marriage and/or has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property." WHEREFORE, Plaintiff on the counterclaim requests the Court to equitably divide all marital property that is outside the scope of any prenuptial agreement. COUNT THREE REQUEST FOR ALIMONY PENDENTE LITE AND ALIMONY UNDER §§ 3701 AND 3702 OF THE DIVORCE CODE 14. The prior paragraphs of this counterclaim are incorporated by reference. 15. Plaintiff on the counterclaim is unable to sustain herself during the course of litigation. 16. Plaintiff on the counterclaim lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through employment. 17. Plaintiff on the counterclaim requests the Court to enter an aware of alimony pendente lite until final hearing and thereupon to ender an Order of alimony in her favor, pursuant to §§ 3701 and 3702 of the Divorce Code. 18. Defendant requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. WHEREFORE, Plaintiff on the counterclaim respectfully requests this Court to enter an award of alimony pendent elite until final hearing and thereupon to enter and Order of alimony in her favor, pursuant to §§ 3701 and 3702 of the Divorce Code. COUNT FOUR REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER §§ 3104,3323 AND 3702 OF THE DIVORCE CODE 19. The prior paragraphs of this counterclaim are incorporated by reference. 20. Defendant has employed Benjamin Yoffee, Esquire to represent her in this matrimonial cause. 21. Defendant is unable to pay the necessary counsel fees, costs and expenses and Plaintiff is more than able to pay them. WHEREFORE, Plaintiff on the counterclaim respectfully request that pursuant to §§ 3104, 3323 and 3702 of the Divorce Code, the Court enter an Order directing Defendant on the counterclaim to pay Plaintiff on the counterclaim reasonable counsel fees, costs and expenses. Respectfully Submitted, X /?G VC /A I e % Benjamin R. offee, Es?uire PA Attorney I.D. # 208504 15 E. Main Street New Bloomfield, PA 17068 (717) 582-0122 Attorney for Defendant, JoAnne Mikus-Keefauver VERIFICATION I, JoAnne Linda Mikus-Keefauver verify that the statements made in the foregoing answer and counterclaim are true and correct. I understand that false statements made here in are subject to the penalties of IS Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: 2009 Anne Linda Mikus-Keefauver 4 OF TAG F:-, ?HGNOTARY 2004 APR 22 Ali 9- 16 u4 a 4 -.j a. 00 P 0 AI" N G a? er# IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAWRENCE KEEFAUVER PLAINTIFF VS. NO. 09-1667 JoANNE MIKUS-KEEFAUVER DEFENDANT Civil-Law In Divorce PRACIPE FOR APPEARANCE TO THE PROTHONOTRAY OF CUMBERLAND COUNTY AND NOW, comes Attorney, Benjamin R. Yoffee, Esq., and hereby enters appearance on behalf of the Defendant on the above styled matter. Counsel for Defendant hereby requests that all future pleadings and correspondence be directed to his attention at the address stated herein below. ny s Benjamfn R. Yoffee, Esquire(/ Attorney I.D. No. 208504 P.O. Box 216 Camp Hill, PA 17001 (717) 497-1021 RLEC,-O FICE OF TH'""+TARY 209 APR 22 Ph 62i 3 7 ?`1 1,J 1 F 1 ?1 ?. LAWRENCE E. KEEFAUVER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMERLAND COUNTY, PENNSYLVANIA V. JoANNE LINDA MIKUS-KEEFAUVER, No. 09-1667 Defendant IN DIVORCE PROOF OF SERVICE I hereby certify that I am this day serving a true and accurate copy of the foregoing "Pracipe for Appearance" upon the person and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P, 121: Service by first class mail. U.S. postage paid: Mr. Joseph D. Caraciolo, Esq.. 112 Market Street, 6 h Floor Harrisburg, PA 17010 DATED: 4 Ylal 0 /! (sus Benjamin R. Yoffee, Esquire Attorney I.D. No. 208504 P.O. Box 216 Camp Hill, PA 17001 (717) 497-1021 FfL?! C' F OF THE f'"' "I nNIOTAPY 2009 APR 22 Pty 12: 31 ?3t ` L LAWRENCE E. KEEFAUVER PLAINTIFF V. JoANNE LINDA MIKUS-KEEFAUVER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1667CIVIL IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 51h day of May, 2009, upon consideration of the Plaintiff's Petition for Special Relief as to the sale of Marital Residence, and the Defendant's Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that a hearing on the matter shall be held on Thursday, July 9, 2009, at 2:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS HEREBY ORDERED AND DIRECTED that the parties in this case file a pre- hearing memorandum with the Court on or before June 30, 2009, in the following format: 1. A concise statement of factual issues to be decided at the hearing. II. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at the hearing. IV. A statement of any legal issues each party anticipates being raised at the hearing along with copies of any cases which may be relevant to resolution of the stated issue. By the Court, M. L. Ebert, Jr., J. 'Joseph D. Caraciolo, Esquire Attorney for Plaintiff ?Benjamin Yoffee, Esquire Attorney for Defendant ? C?( bas (20 P E S rn*2't .5lslor 6' :II WV S- App! 60OZ 7Ii-`?? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAWRENCE E. KEEFAUVER PLAINTIFF VS. NO. 09-1667 JoANNE MIKUS-KEEFAUVER DEFENDANT Civil-Law DIVORCE MOTION FOR CONTINUANCE AND NOW, comes the Defendant JoAnne Mikus-Keefauver, by and through her attorney Benjamin R. Yoffee, Esq. and respectfully avers as follows. 1. This Court entered an Order on May P, 2009 that a hearing on Plaintiff s Petition For Special relief be held on July 9, 2009 in Courtroom No 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. This Court entered an Order requiring a pre-hearing memorandum to be filed by both parties with the Court on or before June 30, 2009. 3. Plaintiff and Defendant have initiated preliminary negotiations on the possible resolution of several marital issues in this matter. 4. Defendant requests a continuance for more time to explore a potential settlement in this case. 5. Plaintiff's attorney, Joseph D. Caraciolo, Esq concurs with this request. Respectfully submitted, ?S I&e Y4 Benjamin It. Yoffee, Esq ' Attorney I.D. No. 208504 P.O. Box 216 Camp Hill Pa 17001 Joseph D. Caraciolo, Esquire 112 Market Street, 6th Floor Veteran's Building Attorney for Plaintiff FILED-OFFICE OF TiC P70-:14 NOTARY 2009 JUN 29 PH 2' 17 vii (L rii"1?' JUN 3 0 2009 ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAWRENCE E. KEEFAUVER PLAINTIFF VS. N0.09-1667 JOANNE MIKUS-KEEFAUVER . Civil-Law DEFENDANT DIVORCE IN RE: MOTION FOR CONTINUANCE ORDER OF COURT AND NOW this 30~day of June, 2009, upon relation of Benjamin R. Yoffee, Esq, attorney for Defendant, that the parties have initiated discussions regarding a possible settlement, both counsel having agreed to a continuance, the hearing is rescheduled to ~, ~ , 2009 at 1.3~b~n Courtroom Nos ,Cumberland County Courthouse, Carlisle, Pennsylvania. It is further Ordered that the parties in this case file a pre hearing memorandum with the Court on or before Q'~' •,(2009 . '~ Jo h D. Caraciolo, Esquire ~P Attorney for Plaintiff / Benjamin Yoffee, Esquire Attorney for Defenant 7/a./°9 BY THE COURT, M.L. Ebert, Jr J. F1LC~3--~~rr=1G 2409 .~~L -2 a~ ~~ 3 LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com LAWRENCE E. KEEFAUVER Plaintiff, vs. JOANNE L. MIKUS-KEEFAUVER, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1667 CIVIL ACTION -LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of JoAnne L. Mikus-Keefauver, the Defendant, in the above-captioned divorce matter. ~1 ~ vo 9 DAT ±L~SL . SEAM, ESQUIRE ope ssociates, LLC 395 S .Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Supreme Court ID# 91175 LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com Attorney for Defendant LAWRENCE E. KEEFAUVER Plaintiff, vs. JOANNE L. MIKUS-KEEFAUVER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1667 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, do hereby certify that on this 25th day of November, 2009, I served a true and correct copy of the foregoing Praecipe for Entry/Withdrawal of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Joseph D. Caraciolo, Esquire 112 Market Street, 6th Floor Harrisburg, PA 17101 Attorney for~laintiff Lesl. beam, Esq. I.D. 75 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Attorney for Defendant ~~i~~~~'- _~,~ _ LAWRENCE E. KEEFAUVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOANNE LINDA MIKUS-KEEFAUVER DEFENDANT NO. 09-1667CIVIL IN RE: PLAINTIFF'S PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 25th day of November, 2009, upon consideration of the Plaintiff's Petition to Enforce Property Settlement Agreement, IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall file an Answer on or before December 30, 2009. A hearing on the matter shall be held on Friday, February 5, 2010, at 1:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, '' Jose h D. Caraciolo Es uire p q Attorney for Plaintiff Benjamin Yoffee, Es uire q Attorney for Defendant bas J, 'J ~ F s rrt~ ~ l£c~, // 3olc J' M. L. Ebert, Jr., J, r't t-~.. ....,..r ~F ~;-~;r L~:' ~~~T~~Y 2GQ~ PJ`~ 3~ ~~~~ ~~ 21 rw. `~ :,~i `i~.,~~Jl,fl LAWRENCE E. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOANNE LINDA MIKUS-KEEFAUVER, Defendant 09-1667 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of March, 2010, this being the time and place set for a hearing on a Petition to Enforce Property Settlement Agreement filed November 23, 2009, and Plaintiff's Petition for Special Relief filed April 17, 2009, and after consultation with counsel and by agreement of the parties it is hereby ordered and directed: 1. The house at 282 Walton Street, Lemoyne, Pennsylvania, 17043, will be placed for sale with a realtor to be chosen by the parties. 2. Wife will be responsible for the payment of the parties' primary mortgage on this residence at Bank of America. 3. Husband will be responsible for payment of the home equity loan credit also with Bank of America attached on the residence. 4. Wife will have 30 days for application for refinance. If she is able to refinance, the house will be taken back off the market. 5. The checks written from wife to husband that remain un-cashed since November 24, 2009, will be returned to her. 6. Pending the sale of the house, wife will continue paying all other outstanding obligations on the residence. diN'~'tC~tSNf~k3d ~ ~"~'~~'8i~ kl~~~ . 8h ~0! ~ S'Z ~dN OIOZ 14~W1QNC+-!1G~ ~Ni ~C~ ~~~-aJ~ By the Court, M. L. ber Jr., r Joseph D. Caraciolo, Esquire 112 Market Street, 6th Floor Harrisburg, PA 17101 For the Plaintiff /~esley J. Beam, Esquire 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108-0810 For the Defendant pcb eOl~t~~s ~£!t-Sc-,J~~l~` c~iu~ 3~~s/,~ I 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAWRENCE E. KEEFAUVER, Plaintiff ) NO. 09-1667 V. ) ) ) JOANNE L. MIKUS-KEEFAUVER, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE PRAECIPE TO WITHDRAWAL AS COUNSEL TO THE PROTHONOTARY: N A l~.j .C~, . ~~1.' `{.~` -" ~ •~ { i... '~ ~a C.J . C ~ * , a_ ' f '~ C_ ~ _~ ~ ~; ~.. rA Please enter the withdrawal of counsel, Lesley J. Beam, Esquire and Howett, Kissinger & Holst for Defendant, JoAnne L. Mikus-Keefauver in the above-captioned matter as permitted by their order of this Honorable Court of May 6, 2010. submitted, Date: S (i. ~ sley . B am, Esquire OW T, KISSINGER & HOLST, P.C. 130 W nut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, JoAnne L. Mikus-Keefauver IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAWRENCE E. KEEFAUVER, Plaintiff ) NO. 09-1667 v. ) JOANNE L. MIKUS-KEEFAUVER, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for JoAnne L. Mikus-Keefauver, Defendant in the above-captioned action, hereby certify that a true and correct copy of the foregoing Praecipe to Withdrawal as Counsel was served upon Joseph D. Caraciolo, Esquire, counsel for Lawrence E. Keefauver, Plaintiff, and Defendant, JoAnne L. Mikus-Keefauver, pro se, by regular mail on May 14, 2010. Joseph D. Caraciolo, Esquire FOREMAN & CARACIOLO, P.C. 112 Market Street, 6`" Floor Harrisburg, PA 17101-2015 Ms. JoAnne L. Mikus-Keefauver 282 Walton Street Lemoyne, P 17043 (717),57 x,027 ~ ,,,~ Date: ~ ly ~ f~ ley J gfam, Esquire WE , KISSINGER & HOLST, P.C. 130 Walnut Street P.O. BOX 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, JoAnne L. Mikus-Keefauver JOANNE L. MIKUS-KEEFAUVER, Plaintiff V. LARRY E. KEEFAUVER, Defendant LAWRENCE E. KEEFAUVER, Plaintiff/Respondent V. JOANNE L. MIKUS-KEEFAUVER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 753110866 DOCKET NO. 400 SUPPORT 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 753110866 DOCKET NO. 09-1667 CIVIL ORDER OF COURT AND NOW, this 3 day of June, 2010, the Defendant/Petitioner having filed exceptions to the Support Master's Report and Recommendation, it is hereby ordered as follows, pursuant to Rule 1910.12, C.C.R.P.: 1. The stenographer for the Support Master shall transcribe and file the notes of testimony, and the Defendant/Petitioner shall bear the cost of the original transcript. 2. The Defendant/Petitionershatl file a brief, in these chambers, in support of the exceptions not later than fifteen (15) days from the date the transcript is filed. Any issue not briefed by the Plaintiff shall be deemed waived. 3. The. Plaintiff/Respondent shall file a reply brief, in these chambers, not later than thirty (30) days from the date the transcript is filed. 4. The issues raised in the exceptions will be decided on the briefs unless either party, at the time of filing his or her brief, requests oral argument or the Court directs that oral argument be held. If oral argument is held, it will be scheduled before this fudge. ~ By th ourt Albert H. Masland, J. Cc: Joanne L. Mikus Larry E. Keefauver Joseph d. Caraciolo, Esquire For the Defendant n C s`~-.-.. -~a i-~:~ mss;, -~. - ~- ~:_ . raa :?- ~~ Q d w _p c,a a ao ~J ~~ ~" o ~~ _, :~? __ { !~;` Y 4 ';r ~'4 ;rte DRO/rjs LAWRENCE E. KEEFAUVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOANNE LINDA MIKUS-KEEFAUVER DEFENDANT NO. 09-1667CIVIL ORDER OF COURT AND NOW, this 30th day of June, 2010, upon consideration of the Plaintiff's Second Petition for Special Relief as to Sale of the Marital Residence, IT IS HEREBY ORDERED AND DIRECTED: 1. Defendant JoAnne Linda Mikus-Keefauver shall file an Answer to the Petition on or before July 9, 2010. Failure to file the Answer will result in an immediate approval of the Plaintiff's Proposed Order which was attached to the Second Petition for Special Relief. 2. If Defendant files an Answer, an emergency hearing on the Petition will be held on July 12, 2010, at 10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Joseph D. Caraciolo, Esquire Attorney for Plaintiff JoAnne Mikus-Keefauver, Pro Se 282 Walton Street Lemoyne, PA 17043 bas ~l3~rv ~~ ~~ M. L. Ebert, Jr., J. n c _„ ~ o . ~ t~ ~ rnr:- ~ ~,~ ~~~ -r,~ 0 ' ' ~'-' = c' ' ~. «~. _ . C - x `~ r'i'i "T• cn LAWRENCE E. KEEFAUVER PLAINTIFF V. JOANNE LINDA MIKUS-KEEFAUVER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1667CIVIL ORDER OF COURT AND NOW, this 12th day of July, 2010, upon consideration of the Plaintiffs Second Petition for Special Relief Defendant's Response thereto, and after oral argument, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff, Lawrence E. Keefauver's Petition is GRANTED. Lawrence E. Keefauver shall be deemed agent of the sellers with authorization to list and sell the marital residence on behalf of the parties. Pending final sale, Defendant, JoAnne Linda Mikus-Keefauver is hereby ordered to pay all monthly first and second mortgage payments and all expenses with respect to said property. By the Court, ~ Joseph D. Caraciolo, Esquire Bruce Foreman, Esquire Attorney for Plaintiff 'JoAnne Mikus-Keefauver, Pro Se 282 Walton Street Lemoyne, PA 17043 bas N CJ ~.J M. L. Ebert, Jr., J. ~R ~, -n ~ .~ -~ ~- rv Y-~' c': ~== 'fie ~ ~ - _ z~_ l ~t ~ c= _~, •• .y ~ h~ 1 ~~ LAWRENCE E. KEEFAUVER PLAINTIFF V. JoANNE LINDA MIKUS-KEEFAUVER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1667CIVIL ORDER OF COURT AND NOW, this 25th day of August, 2010, upon consideration of the Plaintiff's Third Petition for Special Relief and for Contempt, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before September 3, 2010; 3. The Prothonotary is directed to forward said Answer to this Court. 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, a hearing will be held on Thursday, September 16, 2010, at 8:30 a.m. in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Joseph D. Caraciolo, Esquire Bruce Foreman, Esquire Attorney for Plaintiff JoAnne Mikus-Keefauver, Pro Se 282 Walton Street Lemoyne, PA 17043 bas B? 1-cs ry= tLa-, V\?\ --? \ %j I M. L. Ebert, Jr., J. C Cyr ' ii K u + ?, ? -ern I JoA.NNE LINDA MIKUS-KEEFAUVER IN THE. COURT OF COMMON PLEAS,OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v.. : No. 09 - 1667 LAWRENCE E. KEEFAUVER, CIVIL ACTION - LAW - -? Defendant : IN DIVORCE } THIRD PETITION FOR SPECIAL RELIEF AND FOR CONTEMPT 5- -- AND NOW, comes the Plaintiff, JoAnne L. Mikus-Keefauver, Pro-Se and respectfully files the foregoing Petition for Special Relief averring as follows:. 1. Petitioner is Jo Anne L. Mikus-Keefauver an adult individual presently residing at 282 Walton Street, Lemoyne, Pa 17043 2. Respondent is Lawrence E. Keefauver, an adult individual presently residing at 105 E. Allen Street, Apt. 106, Mechanicsburg, Pa 17055. 3. A divorce action was filed to the above captioned term and nmber on March 17, 2009 with service by certified mail, return receipt requested, and signed by Petitioner on March 26, 2009. 4. Presently, Petitioner Jo Anne Linda Mikus-Keefauver is Pro-se, however, at relevant times during these proceedings was represented by counsel. 5. Since seperation, Plantiff has occupied and had exclusive possession of the maritial residence as per FINAL PROTECTION FROM ABUSE signed by Honorable Judge Edward E. Guido, dated March 10, 2009. (Enclosed Exhibit A incorporated herein by reference.) 6. On July 12, 2010 in response to Defendants two requests for special relief, the Honorable Judge M.L. Ebert, Jr. entered an Order that Defendant be deemed agent for the sellers with authorization to list and sell the maritial resience. (Enclosed Exhibit B incorporated herein by reference.) 7. Since July 12, 2010 Plaintiff HAS been cooperative with the Honorable Court's order in all these ways: A. Numerous agents have entered the property to show it for sale (Enclosed Exhibit C incorporated herein by. reference.) B. Keys have been provided to Susan McGeehan the realtor that was chosen by Defendant and sign is clearly on front lawn of property along with lock box for easy access for anv Realtor to view property. C. Plaintiff refused to mail in checks that were sent to him in accordance with the PROTECTION FROM ABUSE for 4 months although being told NOT to do that but to send them in for payment of the mortgage. THIS in fact is what brought the house into foreclosure and nothing afterwards caused that action to happen. C. Plaintiff refused to mail in checks that were sent to him in accordance with the PROTECTION FROM ABUSE for 4 months although being told NOT to do that but to send them in for payment of the mortgage. THIS in fact is what brought the house into foreclosure and nothing afterwards caused that action to happen. (See attached exhibit B incorporated herein by reference.) D. There were no appointments of agents to view the property cancelled and this can be verified by either oral testimony by Susan McGehan or written correspondance to be brought to court for review. E. The conversation with Counsel was clearly saying that the realtor would be notified of the status of a pending possible restructuring of the mortgage and that the buyer should be aware of that possibility. None of this did occur since the realization that the MHA application would not serve the purpose for this situation and Counsel was notified of that by phone conversation. The other option was discussed of my son purchasing the property to which i was told he would draw up the final paperwork and this would be settled. When that was decided against l had left a message for Counsel about a Ron Goldberg who is a Realtor also who wanted to purchase the property the same as my son wanted to so I may continue to live there was told that they were unwilling to cooperate with such a sale and he was dismissed for that option on the phone. That can be verified by either verbal testimony or written letter to be presented at hearing. 8. Plaintiff has not made first and second mortgage payments as advised by Bank Of America since the process of Assumption of the loan was now in play and it would just be incorporated into the terms of the length of the loan when processed or dealt with at point of sale. This in NO WAY has caused the scheduling of the sheriff's sale that was scheduled months PRIOR to this. 9. There is NO damage to the property which can be testified to by the realtors that have entered the property and also by enclosed pictures and more to be brought to the hearing for review. This is clearly a false accusation based on no evidence whatsoever. 10. There is no action that has diminished the value of the property but rather increased it including painting, landscaping, regular lawn treatment, and repairs necessary all paid by Plaintiff alone. 11. Any possible damage to caused to Defendant's credit score has been done by his own actions of not sending the checks mailed to him which caused the foreclosure status in the first place. The date on the foreclosure information enclosed clearly shows that happened the month after Defendant did not pay the 4 consecutive payments with the checks provided. Civil Action 10-2851-Court of Common Pleas (See Exhibit 5 for review.) 12. There is currently an individual Ron Goldberg that wants to purchase the property and was told he could not by Counsel so the definite posibility of going to Sheriffs sale is not true. In addition with the help of 2 Realtors I have currently applied for a loan to possibly purchase the home to stay there. Although, with all due respect to the Honorable Judge keeping the property is in my financial best interest because of the original agreement we have been discussing for over a year would truly be affordable for me. This was the agreement from day 1 and would still be if the 4 checks were not withheld and foreclosure status happen. (See attached exhibit D incorporated herein for reference.) 13. Plaintiff has A ignored the judges orders as suggested but rather has cooperated fully with the sale of the property for the best interest of both parties. Since the allegations of the Defendant are untrue and baseles the idea of eviction and attorneys fees seem absurd. If anything the Plaintiff is keeping the value of the property iO pristine condition for the pending sale of such property. 14. According to the Protection From Abuse the Defendant should have no contact or correspondance with the Plaintiff and yet on 2 occasions has sent letters to her which is in - violation of the order and should be held in contempt of said Protection of,Abuse.orz('eT_ 15. Plaintiff is asking to remain in the home to maintain it until it is sold to preserve the equity desired by both parties which is in their best interest. The economic hardship of paying both mortages is nearly impossible and Plaintiff asks that the original arrangement be reinstated as was indicated in the Protection From Abuse there was no reason to change that since it was never questioned as valid in prior correspondance by attorneys and was a violation of the order in place again caused by deliberately not sending written checks by the Defendant. This whole situation and Foreclosure could have been prevented if that action did not occur and the insinuation that anything other that that is responsible is clearly false accusation, Wherefore, Plaintiff/Petitioner respectfully requests that this Honorable Court enter an Order granting this Third Petition for Special Relief and for Contempt. Respectfull submitted, . o Anne L. Mikus-Keefauver Date: ?,? ?w EXHIBIT A .?4 FINAL PROTECTION FROM ABtTSE oRr)ER 0Exier(dcd Ordcr11 Amended Order ? THE COURT OF COMMON PLEAS OF UMBERLAND COUN'T'Y, PENNSYLVANIA 0.2009-1101. Arst Middle Last Suffix Name(s) of All protected persons, including minor children and DOB. JoAnne Linda Mikus-Keefauver 4130/1957 V. Plaintiff DOB First Middle Last Suffix Dofcndanes Address: DEFENDANT Il)EWr[FMRS 282 Walton Street DOB ft. 1 10/14/1961 MCitjT 6 6 Lt,mnyne PA 17043 ST:X Male WEIGHT' z75 ENNINOM RACL VS'ltitc EYES Brown CAUTION: ITAIR Black D Weapon lovolvecl 5SN 175.48-6915 on Present on the Pro ert O wea T)RIVraS p p y EjWea on O ed R d li h i d LICENSE # p er e r e s nqu L'XP DATE STATE PA The Court Uereby Finds: 17)at it has jurisdiction over lhc,pastics and subject matter, and the Defendant will be provided with reasonable nrnicc and opportunity to be heard. The Court Hereby Orders: 22 Defendant shall not abuse, harass, stalk or threnten any of the alx)ve persons in any place where they might be found, Defendant Shall not contact Plaintiff, or any other person protected under this order, by telephone or, by any outer means, including through third persons. Additional findings of this order are. sct forth below. Order Effective Date March 5, 2009 Order Expiration Date March 5, 2011 NUTICr TA THE: DEFENDANT VIOLATION OIr THIS ORDER MAY RESUL r IN YOUR ARREST ON THE CHAkCL• OF INDIRB(T CRIMINAL CONT14%M wHICIt is PUNiSHAHLE BY A FIN); OF 11PT0 S 1,000 AND(OR A JAIL 'gJ-W ENCZ OF UPTO SIX MONTHS. 23 PAS.SA. §61I4. VIOLATION MA Y A1.30 SUBJECT YOU TO PROSPCUTION AND CRIMINAL PENALTIKI UNDIA THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RLSULTINTHE REVOCATION OF 111ESAFU EM'ING PEIUd1T, WHICH WILL REQUIRrTIE IMMEDIATE ttU1NQUISHMZNTOFYOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHER)PP. PI,AMIJ-7 S CONSENT TO CONTA(-T)3Y DFt ENDANT SHALL NOT IN VAI.IllATE 71US ORI)LR WIIICH CAN ONI X BE MODIF)HD BY i-vimt$R Own OF COURT. 23 Pa.C.S.A. § 6108(8). THIS ORUt6R IS ENFORCCABIX IN ALL FIFTY (50) STATES, I71B D1,MC'r OF COLUMBIA, TRIBAL LANDS. V.S. T'ERAITORIuS ANI) THE. COMMONWEAVIII OF PUERTO, RICO UNDER THE VIOLENCP AGAINST WOMEN ACT, 18 U.S.C. §2'265.7F YOU TRA VEI. OU7SIDE OFTHE STATE AND INTENTIONALLY VIOLATE T 1IS ORDER. YOU MA Y BE SUBJECT TO FIT)BRA). CRIMINAL PRUCEEI NGS UNDER. THAT ACT. IS U.S.C 0§2261-Z2Ci2. IF YOU POSSESS A'KREARM OR ANY AMMUNITION Wt1ILE THIS ORDER IS IN EFPECr, Y01J MAY AE CNARGFD WITH A FEDFRAL 01-TENSI I.51VEN IFTHIS PENNS YLVANIA ORDER DOHS NOW LXPRFSSLY PROHMIT YOU NROM POSSE,=N I CIREARMS ()It AM&tUNITION. 14 U.S.C. §542(g)(8). 1175820401 04/10/2009 10:29 RECEIVED FROM: 7175064734 #0424-002 Plaintiff or Protected Person(s) is/are: [XJ spouse or former spouse of Defendant (. J parent of a child with Defendant [ J current or f0rnner sexual or intimate partner with Defendant [ ] child of Plaintiff ( J child of Defendant (J family member related by blood (consanguinity) to Defendant [ ! family member related by marriage or affinity to Defendant [ J sibling (person who shares parenthood) of Defendant Defendant was served in accordance with Pa. R.C.P. 1934.4 and provided notice of the time, elate and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: . Plaintiff' appeared personally and is represented by: Grace E. D'Alo • Defendant appeared personally and is represented by: Michael Jerominsky AND NOW, this 5th Day of March, 2009 the couil having jurisdiction over the parties and the subject matter, it is ORDERED, ADJUDOED and DECREED as follows: This order is entered by agreement without an admission. Without regard as to how the order was entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2• Defendant is completely evicted and excluded from the residence at: 282 Walton Street Lemoyne, PA 17043 As desribed below in ".Other Relief," Defendant may make weekly visits to the above residence. Reasonable, non-harassing, 'non•threatening communications to schedule and facilitate Defendant's visits to the house at 282 Walton Street, Lemoyne, PA 17043 shall not be deemed a violation of this Order. or any other residcnce•where Plaintiff or any other person protected under this order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no 7175820401 04/10/2009 10:29 RECEIVED FROM: 7175054734 #0424-003 r riht or privilege to enter or be present on the premises of Plaintiff or- C) any other person protected under this order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Defendant shall not contact Plaintiff, either directly or indirectly, or any other person protected under this order, by telephone or by any other mean;; including through third persons. 5. The following additional relief is granted as authorized by §6108 of the Act: - Defendant shall not damage, destroy or dispose of in any manner any property owned jointly by the parties or solely by the Plaintiff. --Defendant shall be allowed access to the house at 282 Walton Street, Lemoyne, PA 17043 once a week. This weekly access shall be on Saturdays during the day and Defendant shall notify Plaintiff on r, ridgy of the time he wants to have access. He shall notify .Plaintiff` of any personal items he intends to remove from the premises. --Plaintiff shalt pay Defendant $612.00 on the first of every month to apply to the mortgage on the residence at 282 Walton beginning on April 1, 2009. The parties shall share equally in the cost for the water, sewer and trash associated with the said residence. --Reasonable, non harassing, non-threatening communications by Defendant to inform Plaintiff of any personal items he plans to remove from the residence will not be deemed a violation of this Order. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: West Shore Regional PD PSP-Carlisle Barracks 7. All previsions of this order shall expire in 2 years on March 5, 201.1. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE' Of INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF till' TO $1,000 AND/OR A JAIL SENTENCE 7175820401 04/10/2009 10:29 RECEIVED FROM: 7175064734 #0424-004 BY THE COURT . Date Edward E. Guido, Judge Entered pursuant to the consent of Plaintiff and Defendant: o Ann L. MIus- auv k Keef er bate carry ugen Keelauver, D to Plaintiff Defendant JOmGG e E. D Alo, Date Miehael M Jeromii Dat cy for PIaindfT Attorney for Defendant KdPeni2 Legal Services Foreman, Foreman & C;ara.ciolo, PC 401 East Louther Street 112 Market Street .Carlisle PA 17013 Harrisburg PA 1.7101 Distribution to, Mid.Penn. Legal Services, Attorney for Plaintiff Michael M. Jeromirtski, Attorney for Defendant Faxed and Mailed to PSP Copy mom RR PIL nnn -,n nnc 7175820401 04i10!2009 10:29 RI2f'&rvIRn PPr'M- 717?i,FA^an K t t a; '! ':5-0 A Nr4 C M 7-4PI S Z$ 2. k-dnr .s-', t:lyy(llylhilhi11111Jt1111111IM1?311lilt! ' i s Lf n?c?rt C 1 71 c, ' " ""' ?i}3I i1 }yi 7}74?ii tilt.11371}?!ll3437J}jt?fflitl?f,fl J4/-1}-!il? VACIOLO, PC ATTORNEYS AT LAW 112 Market Street, 6h Floor Harrisburg, PA 17101-2015 ?? *l,?? ?llr.flt•t. a...?.r. 7.491 00.610 AUG 25 110 34 15 ?wRR.sBURC. F'a 1 i 1 0 4 JoAnne Linda Mikus-Keefauver 282 Walton Street Lemoyne, PA 17043 49. For the last three :months at least, Husband has refused to deposit the checks which have been written to him as required under the PFA Order by Wife, and refuses to make payment of the mortgage and HELOC in his name alone. 50. Husband has indicated that he has no intention of depositing the checks from Wife - regardless of the possible implications of nonpayment of the mortgage. 51. Husband's actions are threatening foreclosure of the marital residence, a significant marital asset of the parties. Initiation of foreclosure proceedings by Countrywide against the residence for nonpayment of the mortgage and HELOC is expected at any time.. 52. Husband has indicated that he has no intention of making payment, and has informed Wife that she should make her payment directly to Countrywide, despite the fact that the PFA Order mandates that Wife must make her $612 payment to Husband. 53. Husband has the ability to make payment on his debt, preventing the home from going into foreclosure, and preserving the value of the residence as a significant asset in the estate. 54. Wife does not have the ability at this time to make payment of the full amount of the mortgage and HELOC on the residence, nor does Wife wish to stand in contempt of an Order of Court for failing to make payment directly to Husband. 55. Wife requests that. this Honorable Court enter an Order requiring Husband to make payment of all monies currently due to Countrywide for payment of the mortgage and HELOC immediately. 56. Wife requests that this Honorable Court enter an Order directing Husband to continue to make timely and full payment of the mortgage and HELOC to Countrywide until 5 :33 LESLEY J, BEAM, ESQUIRE s,i - rrii ATTORNEY 1.1) 91175 w C1 C Howett, Kissinger & Holst, P.C. r 130 Walnut Street P.O. Box 810 = Lo CDrn Harrisburg, PA 17108 a w (717) 234-2616 --j { Attorney for Defendant, Jo Anne L. Niikus-Keefauver IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAWRENCE E. KEEFAUVER Plaintiff, NO. 09-1667 CIVIL TERM vs. JOANNE L. MIKUS-KBEFAUVER, Defendant. CIVIL ACTION -- LAW IN DIVORCE AMENDED NEW MATTER AND COUNTER-PETITION FOR SPECIAL RELIEF TO PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT AND NOW, comes the above-named Defendant/Respondent, JOANNE L. MIKUS- KEEFAUVER, by and through her attorney, LESLEY J. BEAM, ESQUIRE, who hereby files the instant Amended New Matter to her Answer and New Matter to Plaintiff's Petition to Enforce Property Settlement Agreement, and Counter-Petition for Special Relief, and in support thereof states as follows: AMENDED NEW MATTER - REQUEST FOR COUNSEL FEES 30. Paragraphs 1 through 29 of Defendant's Answer and New Matter to Plaintiff's Petition to Enforce Property Settlement Agreement, which Answer and New Matter was filed December 29, 2009, are hereby incorporated by reference as though fully set forth herein. 1. By way of summary, Caraciolo and Yoffee exchanged a series of letters in this matter, beginning in July of 2009 and continuing for a number of months, with different proposals for certain essential tennis of an agreement contained in each. 32. No letter of settlement was sent by either party that contained a comprehensive list - of terms for resolution including the exchange of real estate, refinancing, payment of alimony, ownership of vehicles and other personal property, status on the PFA, responsibility for debt, or inclusion of payment for tax purpose. No letter was sent that accepted a comprehensive list such as described above. 33. Essential terms to the resolution of the matter, including time frames for refinancing of the marital residence and distribution of certain items of personal property were clearly lacking. 34. All letters of negotiation provided by counsel 'for Wife stated that a complete agreement and contract would be contingent upon approval and execution of a written settlement agreement, which approval was never given and which execution was never achieved. 35. Notwithstanding the clear lack of an agreement, given the lack of a meeting of the minds, Husband has attempted to push execution of his proposed draft of a settlement, and has gone so far as to file a petition to enforce his version of the proposed settlement, which is not a final agreement representing a meeting of the minds. 36. Wife has already asked Husband to resume the litigation process by the serving of Interrogatories and a Request for Production of Documents upon him on January 20, 2010, which discovery has remained unanswered at the time of the filing of this Amended New Matter. 2 37. Although the lack of an agreement is unequivocal, Husband has filed a Petition for Enforcement, which, by necessity, has forced Wife to file an Answer thereto. 38. Wife has incurred counsel fees in having to defend against Husband's petition, despite the fact that the background facts establish that the parties never reached a meeting on the mind of all essential terms of an agreement, and specifically premised the finalization of an agreement upon reduction of the contemplated terms to a written instrument, which never occurred.. 39. Wife believes, and therefore avers, that Husband's act of filing the instant petition, which has no basis or foundation, constitutes vexatious behavior entitling Wife to an award of counsel fees under § 2503(7) of the Judicial Code. 40.. Wife has incurred significant counsel fees as a result of Husband's action. Up to the end of February, Wife has incurred approximately 13.07 hours of legal work and $2,287,.25 in legal fees for research, drafting of a responsive pleading, and preparation for and attendance at the first court hearing. 41. Wife has incurred and will incur additional legal fees in the month of March for the drafting of an additional responsive pleading and preparation for and attendance at a second court hearing 42. At the time of thesecond hearing, scheduled for March 25, 2010 at 9 am, Wife will be able to inform the Court of the total fees incurred as a result of Husband's filing. WHEREFORE, Defendant Wife respectfully requests this Honorable Court enter an Order (1) denying Plaintiff Husband's Petition and (2) granting Defendant Wife's New Matter in the form of an award of counsel fees incurred in connection with this matter, which award shall 3 total $2,287.25 plus all fees incurred for the month of March in defense against Plaintiff Husband's Petition to Enforce Property Settlement Agreement. COUNTER-PETITION FOR SPECIAL RELIEF 43. Paragraphs 1 through 29 of the Answer and New Matter to Petition to Enforce Property Settlement Agreement, filed December 29, 2009, and the prior paragraphs of this Amended New Matter and Counter Petition are hereby incorporated by reference as though fully set forth herein. 44. Since the parties' separation, Wife has occupied the marital residence at 282 Walton Street, Lemoyne, Pennsylvania 17043, 45. The residence is jointly titled in the names of Husband and Wife. 46. The residence is encumbered by a mortgage at Countrywide in Husband's name only (hereinafter the "mortgage"), yvith a monthly payment of approximately $945 per month for principal, interest and escrow. 47, The residence is also encumbered with a home equity line of credit at Countrywide in Husband's name only (hereinafter "HELOC"), with a monthly payment of approximately $300 per month for the principal and interest. 48. Husband was evicted and excluded from the residence by a Protection from Abuse Order (hereinafter "PFA Order") entered without admission on March 5, 2009. At the time of the entry of that Order, Wife agreed to pay $612 per month to Husband as her contribution to the debt on the residence, and the parties were to share equally in the payment of the water, sewer and trash bills. 4 such time as the matter is settled by either agreement of the parties, recommendation of the Divorce Master to which no exceptions are timely filed, or further order of court. 57. Wife requests that this Honorable Court enter an Order amending the PFA Order which was issued on March 5, 2009 by removing the language in Paragraph 5 of this Order which permitted visitation of the residence by Husband, required direct payment of 5612 per month from Wife to Husband, and required division of the bills of the residence. Removal of this language will ensure that the financial affairs of the parties are handled through the procedures designed by law for the handling of all fiscal matters of a party in the midst of a divorce. 58. Wife will continue to make contribution toward the payment of the mortgage and HELOC as anticipated in the PFA Order, until such time as the matter is settled by either agreement of the parties, recommendation of the Divorce- Master to which no exceptions are timely filed, or further order of court. 59. This Court has the authority to do so under 23 Pa. C.S. § 3323(f), as "the court ... may issue injunctions or other orders which are necessary to protect the interests of the parties . . and may grant such other relief or remedy as equity and ;847;847justice require." 23 Pa.C.S. § 3323(f) (2010). WHEREFORE, Wife respectfully requests that this Honorable Court issue an Order that (1) requires Husband to make payment of all monies currently due to Countrywide for payment of the mortgage and HELOC immediately, (2) directs Husband to continue to make timely and full payment of the mortgage and HELOC to Countrywide until such time as the matter is settled by either agreement of the parties, recommendation of the Divorce Master to which no 6 exceptions are timely filed, or further order of Court, and (3) amends the PFA Order by striking all additional relief provided for in Paragraph 5 of the Order. Dated: -0 b Respectfully Submitted, L MWEY Be?m, Esq. I.D. 91175 HOWETT, KISSINGER &.HOLST, P.C. P.O. Box 810 Harrisburg, PA 17108 (717) 234-2616 Counsel for Defendant, JoAnne L. Mikus-Keefauver 7 EXHIBIT 2? LAWRENCE E. KEEFAUVER PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JcANNE LINDA MIKUS-KEEFAUVER DEFENDANT NO. 09-1667CIVIL ORDER OF COURT AND NOW, this 12th day of July, 2010, upon consideration of the Plaintiff's Second Petition for Special Relief Defendant's Response thereto, and after oral argument, IT S HEREBY ORDERED A +-n nst?E.rTEn 4-ua I IS ? ?w?? aL.u r?l *1 i. Lr?na?v 1 v U is 1. the Plaintiff, Lawrence E. Keefauver's Petition is GRANTED. Lawrence E. Keefauver shall be deemed agent of the sellers with authorization to list and sell the marital residence on behalf of the parties. Pending final sale, Defendant, JoAnne Linda Mikus-Keefauver is hereby ordered to pay all monthly first and second mortgage payments and all expenses with respect to said property. Joseph D. Caraciolo, Esquire Bruce Foreman, Esquire Attorney for Plaintiff JoAnne Mikus-Keefauver, Pro Se 282 Walton Street Lemoyne, PA 17043 By the Court, M. L. Ebert, Jr., J. bas -?nne - 60-295-31 a r, . I 817 17 24 ALL; M &-T BANK: s 20 MANUFACTURERS AND TRADERS TAU ST COMPANY m,L /f a WEST SHOREPIAZA OFFICE ':03 130 29S t2 . 913 r 3537 • ?2u 0 8 1 ? I 176- ??. ? ????? 60-295-313 5 2 -949 7?alton Ib. w= .a ?eirzo? e i? -/M & T B NK ;w g MANUFACTURERS AND TRADERS'TRL ST COMPANY WEST SHORE PLAZA OFFICE 71 _ 130 9. 5l. 98 3 5 3 7 3 11108 5 2 j 170- ?k nrx 60-295-313 854 2d'2 Vako,, Je. ? e ei Vnel,, f_ 17043 r yE M & T BANK fQo MANUFACTURERS AND TRADERS TRUST COMPANY WEST SHORE PLAZA OFFICE r. ?o I 1 J 1.0313029 Si. 9835373 21!pg54 ?? 1 Sm9 60-2195-313 -819-= 2&-9 ,91Pakoro 4b s em ynr i! 170f3 o E - 1 L?ey? .CJ n_ O? rn z° M & T ACT REARS ANDTRADERS,TRUST COMPANY gti?tRAy? w s WEST SHORE PLAZA OFFICE v ?,nn 3 ry K ? ?N .i -? T x0 ?'3 ?r ?o 7 dK . y r ro? ' v 0 m ? x N? N ?? N O1m Wp I?N . n A f lr W m Nw' N ?? 'gym J? I? d'w ', fJO ?' Wn ? ' .? ?NI W ??? o w ? - I o' 3 J I I I ? ? wl ° m a? ?' ? 613 ? w N t?.) X , c m 61 wo Je OE o 5? o? .S ALTH IilyCare c Alltw ??` . ' G9' 2d'2 ?tlor? f ?.lz?yrec; ?.l r o??? ?(a ?(o /-y??`?'? ?? a+'?kcp m ro I N Ln N N if ? I N?', 0^, O°= ace Ub° NJ Q 3 `, m m w ha<, a Ie...,., o I--?- 0 Q a 7 m m m m N 2 N., Ulo ?x m J 3 0 ?mz? H 0 .. 00?? O? I J C7 C] O fro U7 y I {N?y 00 H J ? O M o y ?O b n C W V D ? o °n d m ? n n N N C m ? a ? ? c P a; rn iJ? W 00 ?m W Q? A a I''m W? U1? L W2 ?? LSt? 5 . X . r Oa W£ 00 m3 S D s l m T O m ? ?}?' NC l..m < N? <D rn' sz w N x N N v N Ljo CD ?m ? ? X ?s CD a ? 60-295-313 8 5 8 - +' azC'czmy L'J m r.•?ma. eea. M&TBANK MANUFACTURERS AND TRADERS TRUST COMPANY WEST SHORE PLAZA OFFICE C?3 as ??3%.r?- - - ^. 1:03'13029551: 9835373 u'0 8 1'YJ 114 ?4-lcs .?..??m?„ ?.. N CNCI mc-0 -i a ON ?L yy n H 0 ?H? n o (U to m ?? W LTJ ?A 910 Century t Mecnanicsbl r1 CLAIIIE .7 OC b 0 //77 O A p N Ln -/ Ln ?? _ ., . .?. rte. 2r.d ?? i CE ?_ _. ??-- ?r ? m +? 3 S C ??? -1 yr '?-^r ?l-?i o 6) D? NIXIE: 176 c i ??' FQF-TURN 'TO SENEDI R UNCL- AIMIZO- __ .._.._.. `" UNfAE3L,.E: TO ?AFtWi=141 / f ao-1E?,3 8 5 8 EPS ?3 ao? '27 M & T BANK MANUFACTURERS MNO TRADERS TRUST COMPANY WEST SHORE PLAZA OFFICE 1:034 302955t: 9835313 N•0 8 31161 -C0 4 05 06 Credited Within 031104592 14111 in Nl ,m d Payee PAC >540901070, #17-'.3174818 Ph1 1 of 1 PHELAN HALLINAN & SCHMIEG., LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 Fax: 215-568-7616 April 28. 2010 LAWRENCE E. KEEFAUVER A/KJA LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER 105 EAST ALLEN STREET APARTMENT 106 MECHANICSBURG, PA 17055-3393 LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER 282 WALTON STREET LEMOYNE. PA 17043-2024 RI-: BAC HOME LOANS SERVICING, L.P., Account No. 32004592 Dear Sir or Madam, Please be advised that this notice is being sent to you pursuant to the requirements of f=ederal law. Phelan I-Hallinan and Schmieg, LLP is a debt collector attempting to collect a debt. Any information we obtain may 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 enforcement of a lien against property. Under Pennsylvania law, a state court foreclosure action is in rem only, meaning against the property, rather than for a personal money judgment. 1'he amount of the debt as of 04/28/2010 is as follows: Principal Balance $102,254.23 Interest $3,304.81 11/01/2009 through 04/28/2010 (Per Diem $18.46261) Attorney's Fees $650.00 Cumulative Late Charges $141.60 05/28/2003 to 04/28/2010 Costs of Suit and Tale Search $550_fiQ Subtotal $106,900.64 Escrow Credit (? 1 092.7`) TOTAL $105,807.85 Interest and other items will continue to accrue. Requests for updated reinstatement or payoff quotes should be directed to our firm's Foreclosure Resolution Department at 215-320-0007, x 1230 or by email to fereson4fednhe_com. *Phelan Hallinan & Schmieg is a PA Limited Liability Partnership Phelan Hallinan & Schmieg PC is a New Jersey Professional Corporation Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. I lallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele NI. Bradford, Esq,, Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jam, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, F.sq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No, 94620 Joshua 1. Goldman, I sq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 _ BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO., TX 75024 COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff ATTORNEY FOR PLAINTIFF 233559 LAWRENCE E. KEEFAUVER A/KJA LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER 282 WALTON STREET LEMOYNE, PA 17043-2024 Defendants TERM NO. ???.J l r; 1 fz' CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE TRUE COPY FRC IVi RECORD In Testimony whereof, ! hers unto set my hand and the se?a? of said Coyrt at Carlisle, Pa. This' day of ., =?---- 20 ? )8 p thonotary File H: 233559 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 agairist 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 SIIOULD 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 FEIN.. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File 233559 J J. J ,E J Plaintiff is BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PL,ANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: LAWRENCE E. KEEFAUVER AIK/A LAWRENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER 282 WALTON STREET LEMOYNE, PA 17043-2024 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 05/28/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1814, Page 767. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 233559 6. The following amounts are due on the mortgage: Principal Balance $102,254.23 Interest $3,304.81 11/0 1 /2009 through 04/28/2010 (Per Diem $18.4626) Attorney's Fees $650.00 Cumulative Late Charges $141.60 05/28/2003 to 04/28/2010 Costs of Suit and Title Search $550.00 Subtotal $106,900.64 Escrow Credit (%1,09179) TOTAL $105,807.85 Plaintiff is nol seeking a judgment of personal liability (or an in r .rsonam j udgment) against the Defendant(s) in the Action, however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File 4' 233559 9. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $105,807.85, together with interest from 04/28/2010 at the rate of $18.4626 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. HELAN HALLINAN & SCHMIEG, LLP By: 0 Lawrence T. Phelan, Esq., Id. No. 32227 ?taniel ncis S. Hallinan, Esq., Id. No. 62695 G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 233559 LEGAL DESCRIPTION ALL HIAT CERTAIN tract of land situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described in accordance with a survey of D.P. Raffensperger, Registered Surveyor, dated September 13, 1963, as follows: BEGINNING at a point on the South side of Walton Street, which point is 217.8 feet east of the southeast intersection of Third and Walton Streets; thence along the south side of Walton Street, north fifty degrees thirty minutes east (N.50 degrees 30 minutes E) fifty (50) feet to property No. 278 Walton Street; thence along the same south thirty-nine degrees thirty minutes east (S. 39 degrees 30 minutes E) one hundred eighty-seven and five tenths (187.5) feet to an iron pin; thence south sixty-three degrees forty-five minutes (S. 63 degrees 45 minutes W) fifty-one and thirty-seven one hundredths (51.37) feet to an iron pin at property No. 283 Walton Street; thence along the same north thirty-nine degrees thirty minutes west (N 39 degrees 30 minutes W) one hundred seventy-five and seven tenths (1745.7) feet to a point, the Place of BEGINNING. HAVING thereon erected a two story brick and frame dwelling house known as No. 282 Walton Street, Lemoyne, Pennsylvania. TOGETHER with all and singular ways, waters, and water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, use, trust, property, possession, claim, and demand whatsoever, of Grantor in law, equity or otherwise howsoever, of, in and to the same and every part thereof. BEING the same premises which Charles Reese Gaul, Jr. and Doris H. Gaul, husband and wife, by deed dated May 28, 2003, and recorded on May 30, 2003, in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 257, Page 1446, granted and conveyed unto Laurence E. Keefauver, also known as Lawrence E. Keefauver, the Grantor herein. PREMISES BEING: 282 WALTON STREET PARCEL#: 12-22-0822-284 File it 233559 m m m (-orimuni?ation Resu't Rupo? ;Aug, ?1. 2Q1?i 1;41PM m 2, Da 'T me mug L 20(1 33PM F' e Page ?)es?inatior? Pglsj Rer,ul': Not Sent ------------------------------------------------------------------------------------------------------ 8674 Memory TX 7274935306 P, 4 CK ----------------------------------------------------------------------------------------------------- Reascn for error G I i H a n g u p o r l i n e f a l l E. 2) B u s y E. 3; N o a n s w e r E. 4) No f a c s i m i l e c o n n e c t ! o n 5) Exceeded max. E-mail s ize 4? PINNACLEHEALTN FAX TRANSM(TTAL SHEET DATE: TO: Fex No. ]- J?? ,;r RGENT. 7 FROM: PinnacialisaBh Family Care Mechanicsburg ? PLEASE CONFIRM RECEIPTOF THIS DOCUMEW SY CALUfNG: MESSAGE: QGJQ /I( 'C" NUMBER OF PAGES (INCLUDING COVER SHEET): "T if there m arty problems vAdh this Eransnatal, please calf (717) SZ4720?' )) 40-Ulr Our FAX number is: g17) SD64735 '?r?- Srft/-/aa? R?*i*tit*tiit kMt******ttt CONFIDENTIALITY NOTE-, The deaanents accompanying this FAX transmission contain information from Pinnace Heaith Sy**n which Is conlidenbal sadlor legacy pdwlaged. The edormellon is intended only for the use of the Individual wonlay named on this transmission shoal. Ifym are not the Nteeded redpleM you are hereby no0bed that any dWosurs, copying, dhVbuf+on or talfthg of any action In reliance an this Intirmallm Is dddy prohibikd, and that the documents should be roamed to the CaftWhanea and Prtvaoy Officer at Pianads Health System, P.O. Box $700, HanUburg, PA 1710S imnrdiefely. in this regard, If you hsvs roceW this FAX in error, please noBy the Compliance and Privacy Otficar at (717) 2318211)11an128161y a0 that we can arrange for the reWM of the original documents to us at no co" you. PININACLEHEALTH I FAX TRANSMITTAL SHEET DATE: Z3 /U TO: Fax No. 1,-Y ,/'- ,1-36(,?)RGENT: FROM: PinnacleHealth Family Care Mechanicsburg M PLEASE CONFIRM RECEIPT OF THIS DOCUMENT BY CALLING: MESSAGE: NUMBER OF PAGES (INCLUDING COVER SHEET): j2 L'/ If there are any problems with this transmittal, please call: (717) 506-472)/ ). -LI 7 Our FAX number is: (717) 506-4735 (711-6 CONFIDENTIALITY NOTE: The documents accompanying this FAX transmission contain information from Pinnacle Health System which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on this information. is strictly prohibited, and that the documents should be returned to the Compliance and Privacy Officer at Pinnacle Health System, P.O. Box 8700, Harrisburg, PA 17105 immediately. In this regard, if you have received this FAX in error, please notify the Compliance and Privacy Officer at (717) 231-8211 immediately so that we can arrange for the return of the original documents to us at no cost to you. Mortgage Management ll,,. The information provided below is for the sole purpose of pre-qualifying a mortgage amount. The accuracy of the information is vital to determine the amount of mortgage that you will be qualified for. By signing below I authorize E- Mortgage Manageme'nt,t,'L'LC. to run an in-/house credit report for the sole purpose of pre-qualifying for a mortgage. Borrower's Name:-_ ?,J LI/? /1l`_ %" l Social Security #: Co-Borrower's Name: Social Security #: Present Address: JS? j, &/Tz- "-(-- Phone(Home): 7/) 4r1 -/G%„- -7(Work):-7/y IQ&'-yX) ] (CO/BWork): Type of Loan: Purchase -K-Refinance __Type of property: Owner Occupied ?/ Second Home -Investment Current Verifiable Assets available for the transaction in Bank: Checking 5 Savings $ 101K $-y_Gift $ Total Money Available $ Current monthly Gross income (Before Taxes (Borrower): S G%- u' Co-Borrower): Current revolving and Installment Monthly payment obligations. a-,rc PE, ,y1 h t 10 1 Car(s) S_ Master Card S Visa $ Dept. Store Cards $ O Other$ [ A. Bring Down Current Combined Gross monthly Income for all Borrowers. $, B. Bring Down Total of all minimum monthly expenses. $?? r Total House Payment should not exceed the lesser of the two calculations (Front end / Back end ) -- ---- Conventional Loan FHA Loan ( A. ) i?.qultiplied by 281x,,, 3 (A) Multiplied by 33% $ (A) 1iiltiplied by 3G% less (B) $ (A) Multiplied by 43% less ( B) $ EVAAi ML[Itiplied by 41 % less ( B) S Ple.4se' ign Below: Boy(er Loan Officer Current Mortgage or Rent information: Rental Payment $ Principle & Interest Payment Monthly Homeowners Insurance Monthly Property Taxes S Monthly Association Dues CO- Borrrower Current Interest Rate on Home Loan /o Is Rate Fixed or --Adjustable Mortgage term _30 year 15 Year --Years left Approx. Mortgage Balance Remaining Approx. Value of Home $ Total Monthly House / Rent Payment $ Do you presently know someone who is looking to buy or refinance a home in the next 6 months? Name : -__-_ Phone Number: 450 Fairway Drive, Suite 104, Deerfield Beach FL 33441 Office : (954) 489-0800 - - Fax : (954) 656-6244 Pay Inquiry ?<?ql Primary Care Pay Begin Data: 08115)2010 Net Pay: $77688 Pay End Data: 08282010 Check Date: 0910312010 JOAn11e L Mikus Employ. 10: 309079 Pay Rate: §12.35 ...My :62 Welton Street Pay Group: Primary Care Department: 9349 - Fanaly Cara M.0-b. emoyne PA 17045 L. Job Tlde: RBCept-vA•PPN Fed M.,,.( Status: Married PA Marital Status: Not applicable Fed Allowances: 1 PA Allowances: 0 Fed Addl Percent C We PA Addl Percent 0,000 Fed Audi Amount: $000 PA Addl Amount. $0.00 Paywx, Summary Gross Eamings Fed Taxable Gross Total Taxes Total Deducdons Net Pay Current 1,000.19 925.18 148.30 7501 716.88 YTO 1765791 16,168.95 2.559.17 1,488.96 17.60978 Eam"", T axes Description Hours Rate Amount mon DesMptian Amount YtD Am Am ount Regular 55.25 1235DODO 682.34 15.227.66 Fed Wrthhcldog 25,60 412.31 PTC 1600 12350000 197.60 1,118.86 Fed MED/EE 14.28 24981 PTC 875 12.350000 108.06 378.19 Fed OASDI/EE 61.08 1,068.16 Prerr 9.75 1.250000 12.19 83.15 PA Unempl EE 0.80 14.13 Overtime 125.10 PA Wthholdng 30.25 528.92 PTC Sick 332.63 PA WEST SHORE S 14 29 249 94 Census 000 DWanholdrg Holiday :392.32 PA MECHANICSBURG 200 3600 AR L$ Tax Total: 89.75 1,000.19 17,657.91 Total: 148.30 2,559.17 fier- Tax Deductions ATIer Tax Deductions Employer Paid 8-we Descriptor Amount o n Description Amount D Description Amount O a Am u t Am un t un Am t MC02 15.00 42948 MC02 199.29 5,09934 TSA age 50 ti0.C1 1,059 Q WS, 0 25 4.50 U,%ADDER 1.64 27.88 LTD ease 2.80 47.60 TSA age 50 30.01 $10. ie RIA MCC - 353.15 Taxable Total: 75.01 1,488.96 Total: 0.0 0 Total: 253.99 6,042.65 tact Pay Uvstrinutiun Payment Type Paycheck Number Account Type Account Number Amount Direct Oepost 1661480 Checking XXXX,XXXXXXXX%3862 77688 L-e balances Descriptor SU Mng Balance (*) Eamad () Taken (+-) A6)-ted Ending Balance CAT 247 5 66.53 314.07 P70 "I 30 11088 149.25 7293 Page 1 of 1 https://psflext.pinnacleliealth.orQ:1446/psc/hMrd I/EMPLOYFF/TNR MQ,/(,'Rnr T- E:X 4 T,T ? 1? ? - Pay Inquiry Pay Begin Date: W01/2010 Net pay: $771.41 Primary Care Pay End Date: 08114=10 Check Date: 0812012M ,JoAnne L MIkus Employee ID'. 309079 Pay Rate: $12.35 Hpuny 282 Walton Street Pay Group: Primary Care Deparbnent 9349 - Fanaly Cate Mechanicsbu Lemoyne. PA 17043 lob Tlde: Recapt.'iet - PPN x uata Fed Matltal Status: Matned PA Marital Stalus: Not apPti=blm Fed Allowances: 1 PA Albv ..: 0 Fed Addl Percent 0.000 PA Addl Percent O. DOD Fed Adill Amount {0.00 PA Addl Amount $000 4aytnor:q Summary Gross Eamings fed Triable Gross Total Tazes Total Oetluctlons Net Pay Current 992.64 918. 08 146.67 74.56 77141 Earmn9> Tazes Des Mpoon Hours Rate Amount Oescrtpdon Amount Ra9vlae 79.50 12150000 161.83 Fed Withhold ng 24.89 PTC 0.50 12350000 6.18 Fed MEDlEE 14.18 Ovemme 0.25 18.525090 4.63 Fed OASOVEE 6061 PA Unempl E E 0 80 PA Vwlthholdng 30 01 PA WEST SHORE S D 14.1 B V,"hcldng PA MECHANICSBURG AR LS 203. T. Total: 80.25 992.64 Total: 146.67 Before-fax Deducbuns Descriptlan Amount MC02 15 00 TEA age 50 59.56 Total: 74.56 MC02 199.29 v15 025 LIfeAODER 1 64 LTD Be- 280 TSA age 50 29 "e RIA 19 BE • Taxable (Total: 253.611 NaC Pay Distribudon Payment Type Paycheck Number Account Type Account Number Amount Direct Depovt 1656961 Checking X3662 771.41 Page 1 of I https://psftext.pinnaelehealth.orc 1446/psc/hrprd 2/EMPLOYEE/HRMQ,/?/Rnr , 4) ? ? 7^^4 6 fi L, vii r!r ;6 Keef:IU? 282 "b! L'-ON !]TPI: LEh/I )1'N1 PA 1TIe ILoair N .rmber: 3:21 l Dear Lauvrence KeEJ August 4, 2010 -n, nn < you for send i k upport your application for the federal government's Home Affordable Mcdi'ic,:tion Progra,r II c > > i 1 cr+,v that we have received them and are now reviewing them to d(,'ic;r nine if you an: 1 :I I mcr1z acle p,3yment t: wi)rd a permanent loan modification and a more affordable monthly . days, you r r", iilbility for the Home Affordable Modification Program. We will give you orns ; f these three re " Yo.' i 17 1: ; Inc rr 1,vith instructions on how to proceed Yo- r i 1 ;! r n i t rE Inc r-, but we may have other options to help you avoid foreclosure " WE' r r r 1. ?t o.1 f r r ,ro.a to make our decision Thant; you for your in I r i A17 ;1: e Modification Program. We will be in touch soon. Horne Retention Divis BAC gorge Loans S:) :i Bank ofAmerica '%°- Home Loans P.S. Fi)r your conv;,,ri it, i ;: E r S .rre n r receive all required program documents in a timely manner, this pacika,ile may be se,rr I r !. I ? 1 ?Ji, ery rr i,e tfhods and to all addresses on file with us. If you receive multiple parkage.s that are hh: r, r ri i,j ? rei.bol t :i *,,,)turn one complete package with all required documents to s. LI MO 201 Discovery Page 1 of 1 From: Lesley J. Beam <Lbeam@paonline.com> To: Joseph Caraciolo <joseph@ffclaw.net> Cc: JoAnne L. Mikus <bunnyfoot77@aol.com> Subject: Discovery Date: Mon, May 3, 2010 9:23 am Joseph, Got your letter last Friday, after I faxed you my information telling you I am no longer going to represent JoAnne. You said we should send you discovery - you were already sent with discovery. A copy of the letter is being sent to JoAnne, who has grounds for a Motion to Compel and then contempt. You are aware of the information that is being sought, and your client quite clearly is trying to avoid disclosure. I hope JoAnne demands that he make such disclosure. Best regards, Lesiey J. Beam, Esq. Howett, Kissinger & Holst, P.C. 130 Walnut Street PO Box 810 Harrisburg, PA 17108 Phone: 717-234-2616 Fax: 717-234-5402 LBeamCfpaonline.com DISCLAIMER This e-mail message is intended only for the personal use of the recipient(s) named above. This message may be an attorney- client communication and, as such, privileged and confidential. If you are not an intended recipient, you may not review, copy, or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. http:/,/webmall.aol.com/31650-111/aol-1/en-us/mail/PrintMessage_aanx C. /1 /^,,, EXHIBIT jC, _ _ yC PRUDENT Ii=,L H0P1ESaLE F uE a Virtual Tour Status Active Type Detached City Lemoyne LP$ $169,900 SO: CLD: MT 22 Finc: SP; Quick Links © 0 Qm 0 282 Walton Street Area 6 10198755 17043 Home to be Built No S"ie'(Og Mun Lemoyne Subdivision Sch Dist West Shore County Cumberland Dir FrorrW on Market, R/ Bridge, go over Bridge St towards New Cumb, L/ Walton 'Cot Sq Ft Above 1748 Square Ft Source Lot Dim Acres 0.2100 Design Traditional We 2 Story 13smt Full Partial) Finished Park # Br 4 # Sth. F1 H 1 # FP 2 Level Sth: F H Room Lvl Dim Room Lvi Dim LR Level 1 22'x14' MBR Level 2 13'x14' DR Level 1 13'x13' BRi FR BR2 Level 2 13'42' DEN 13R3 Level 2 12'x10' KIT Level 1 11'x15' BR4 Level 2 9'x11' SRS Public Records Year Built /- 1941 Const Stick Built Car Caroort, Attached, Pav ax 2200 Year Square Feet Below Ext Aluminum, Brick anty No Possession )Condo No Fee 0 Appi Range-gas Misc. Room! Coot Window Units Heat Natural Gas, Radiators Aux Heat Wt Swr Public Sewer, Public Water Ext Feature. Outside Lighting, Patio, Porch OR )Other 14'x7' Equip Smoke Detectors OR 2 Dining Eat-In Kitchen OR 3 Lovely brick home in New Cumberland area. 2 fireplaces--on in LR & one in LL. Charm & character thru-out. Balcony off Mstr Bedroom. Updated KIT. Side porch. Level rear yard. SHO: Call List Office SAC 3 SAC LA SUE MCGEEHAN LA 2 LA 3 L13X CPML LO PRUDENTIAL HOMESALE SE Office: (717) 533-8181 TLC 1129 W GOVERNOR RD HERSHEY PA 17033 CELL: (717) 439-3254 smcgeehan@prudentialhomesale.com LT Exclusive Right Ow Information provided Is deemed reliable but not guaranteed. 09/0212010 08:28 AM CST ti,'`,h`?,. 4. ky, tii?:. 4075 Market Street Camp Hilt, PA 17011 Office: 717-763-7500 717-763-0290 FAX www.CentralPA.com JTeam.CentralPA.com Jim Bedoo Justin Prince REALTOR REALTOR Direct: 717-920-3906 Direct: 717-909-4719 Coll: 717-443-7033 Cell: 717-554-5285 E-mail: JBedorf4GemralPA.com E-mail-. JPrince@Cenira)PA.com 4075 Market Street Camp Hill, PA 17011 Office: 717-763-7500 Fax: 717-763-0290 ?„qQ5 www.CentralPA.com Kim Leggett REALTOR@ :*. Direct: 717-909-4775 DING CO C IIES Cell: 717-303-9230 KimLeggeit@CentralPA.com l:ri ;a Str ith, REAL.TOR@ llu,4el SL ecialist OY [)Ate IELS REAL ESTATE GROUP, LTD 2793 told Post Road, Suite 200 Harris burg, PA 17110 ('1-7) 695-3177 x109 office ('17)460-1716 cell (''17) 695-0025 fax<SPAN style="mso-fareast-font-family: 'Times New Roman'; mso-bidi-font-family: Calibri; mso- a3ai-font-ramify: Calibri; mso-h KELLER WILLIA.MS. K F ; , , *71 Prudential Linda and Ron Goldberg SUSAN C. MCGEEHAN, CRS El Lii'la 576-876 OPERATIONS MANAGER Roll 57(, /6 OF CL•NTRAL PA EAST Homesale Services Group 530 Lock.villow Avenue 1129 West Governor Road I iarrisburg, PA 17112 Office (717) 657-4700 1lershey, PA 17033 Fax (717) 657-3199 hbgrealror@comcasr.net Office 717 533-8181 Mobile 7 ' 439-3254 saleservices corr eehan@ ruhome smc IB CRS hndaandro.-igotdberg.com . p g . arn?t?rz - ? O An el - 1 IN mw etl ? d nP Tee' n L.. Fi Irnia 1. Estate P,frfialesl?^. OFFICE: (717) 761-6070 RESIDENCE: (717) 732-4030. FAX: (7 17) 761-3664 CELL: (71 7) 579-071 8 JEAN M. OILEARY CRS, GRI Manager Associate Broker M NORMANDIE OFFICE BUILDING . 3900 MARKET STREET CAMP HILL, PA 17011 JEANOLEARY@JOHNGLISE.COM 0 3,q 0 V /-? - I BAC HOME LOANS SERVICING, LP V. Plaintiff LAWRENCE E. KEEFAUVER, A!KJA LAURENCE E. KEEFAUr'LR JO ANNE MIKUS-KEEFAUVER Defendant(s) TO: JO ANNE MIKUS-KEEFAUVER 282 WALTON STREET LEMOYNE, PA 17043-2024 DATE OF NOTICE: May 28, 2010 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 APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENS CTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITH EN DAYS OM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOURIAWYER 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. COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-2851-CIVIL, CUMBERLAND COUNTY PHS # 233559 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 (717) 249-3166 By: a"' Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 J? B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq-, Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 03 ? o?ys?y PHS # 233559 EXHIBIT 0 - a ton Street Page 1 of 1 From: Ronald Goldberg <colonelron5@comcast.net> To: bunnyfoot77@aol.com Subject: Walton Street Date: Thu, Sep 2, 2010 2:48 pm Attachments: 00055_thumb_2.jpg (47K), kellerwilliamssignbldg.jpeg (13K) My w_fe and I visited the home at 282 Walton Street on August 14, 2010. ._I. had-so ken to_Joanne_about Durc_hasin.g_the_home. She informed me that it was her understanding that her husband would be willing to sell the home to pay off the mortgage and walk away from it rather than have it go into foreclosure. We found t;z_e home to be in good to fair condition needing mainly cosmetic work like paint and flooring. We did note that the main electrical panel should be changed to breakers --_nstead of fuses. I did call her husband's attorney who informed me that his client was not willing to sell the home for the balance owed and they were going. to list the home for sale with a realtor. THANKS RON GOLDBERG CELL 717 576 8776 OFFICE i17 657 4700 _ _ .. _......... - 2 Attached Images -- . ... ...... ?-^--- a ^ 1 KEUER WILUAMS. i A E A L T Y Linda and Ron Goldber g Linda 576-8767 Ron 576-8776 OF CENTRAL PA EAST 530 Lockwillow Avenue Harrisburg, PA 17112 Office (717) 657-4700 I F x ( 7 17657-3111 j hbgre al to r @ comcas t.net lindaandreng.llb"g.com Eodi Office Ls bde?:dorth Gonci And Op mere! Gf 4 1 April 6, 2004 Clarification of Agreement Prior to Marriage There is a need to be specific about monetary belongings and other issues so that major concerns that are important to clarify are taken care of and NO disagreement exists between myself and Jo Anne. Our joint account at PNC bank is actually just hers, I make no claim to any of that money now or in the future. The only accounts I would hope to divide up if there was a seperation or ending of the relationship would be ones that are in both names. I am aware of Jo Anne's abusive past and am quite concerned with her well being both emotionally and physically. Therefore, if there would be ANY time that I would hurt her in ANY way I would release all my possessions and assetts to her as a source of compensation. That would include the property, and my 401 K allocation. I feel completely responsible for my actions and want her to feel secure, safe, and taken care of This is my way of showing her that. It is my decision and hope to never have to abide by it. Lang Keefauver My Mistakes Pagc 1 of? From: Iarkee2B2@comcast.net To: Jo Anne <Bunnyfoot77@ao1.com>; Nedra <nkeefauver@comcast.net> Subject: My Mistakes Date: Sat, Feb 21, 2009 2:26 pm Mom, I need to apologize to you and Jo Anne. I have made allot of bad choise and decisions in my life, especially when it comes to relationships. I have at times, not been a very good person to the people that mean the most and matter to me the most. Those people would be my family, god given and extended family. I have realized after listening to Jo Anne, and she is right, that I have not been self sacrificing enough, or willing to show emotion enough, especially sadness, and regret for things I have done. These I need to change! It has caused me many problems with Brian and Becky, which I am starting to understand why I have no relationship with them. It has caused problems in the past with Lois and Diane, which I think we have worked through. It has caused me problems with Dad, mainly due to being afraid of what he thought or thinks about me. It has caused some issues with you mom due to my bringing you into my issues with Jo Anne, and you continue to support me. I wish I was and could be more like you, giving and self sacrificing for my kids the way you have been with Lois, Diane, and myself. It has caused many problems with Jo Anne, mostly due to my being jealous of the relationship she has with her kids, and wishing and wanting that with mine. I have made Jo Anne out to be a monster at times due to this and me not seeing true reality of my own faults. Jo Anne is a very loving, caring person, one that you can always count on in many ways. Everyone else in my life has been that way many times more than I could ever be, or ever have. It is time for me to come out of my shell and the comfort zone that I have lived my life in for so many years and start doing the right thing's for the people in my life that mean the most to me. I thought that I was and have been a good person. I know in allot of ways I have, but there are also allot of ways that I have failed. I know that I am not a failure, just have failed at doing the right things for the important people in my life. I have taken so many things for granted that people have done for me, trying to help me to understand relationships, and to be the better person that I am capable of being. I know that things are not going to be easy coming out of my comfort zone, but also understand that this is what I need to do to succeed in being a better person, and quit being so selfish in my ways. I think that I have adapted to allot of my dads tendencies of running, looking the other way, and hoping that things would just go away. It's amazing, I can do the things in work that I should be doing at home with my family. I think I have used work many times as my escape from the real and true issues that I should be focusing on at home. I have also used pot, alcohol, and cigarettes as my escape from these issues also. Only now to really, truly realize that they only make things worse and are not healthy for me, or any of my realtionships. Jo Anne has done so many things for me to try to help me better myself, only for me not to pay attention because it "might" be hard, and take me out of my comfort zone. For this Jo Anne I owe you thanks, but also many apologies for not recognizing the good things you were trying to help me see and understand. I have said allot of things that I should not have said, and done allot of things I should have never done. Through everything you have stood beside me and continued to try to help me be a better person, more loving, and more caring. You have tried to help me build more and better self esteem of myself, which I have destroyed on my own through my own actions and behaviors. I know in my heart that I am, and can be a much better person than I have let myself be, due to being afraid. There are so many things, more than I can remember and list, that I am wanting to apologize for and trying to through this letter. Jo Anne, please accept my apology for all the wrongs I have done in our relationship and thank you for always being there, even in ways that I did not like due to my unwillingness http://webmail.aol.com/32131-1 1 l /aol-1 /en-us/mail/PrintMessage.aspx 6/24/2010 Mq Mlsta'<es pa"'e 2 o to see, or recognize, the things you were trying to make me see and realize about myself and relationships. Mom, please accept my apology for bringing you into things that I should not have. Please do not listen to me when I have said bad things about Jo Anne, she really is a good„ loving, bright, intelligent woman, that has tried to do more for me to make me be the better person she knows I can be. I have just been unwilling to see my faults. We All have faults and make mistakes, I can only own up and be responsible for mine. I hope this letter makes sense to you both, and thank you for taking the time to read it. Again, I am sorry to both of you, and love you both more than I have shown. I love you, Larry littp://webinaii.aol.com/3213 1-111 /aol-1 /en-us/mail/PrintMessage.aspx 6/24/2010 JoANNE LINDA MIKUS-KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09 - 1667 LAWRENCE E. KEEFAUVER, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am. this-day- serving a copy of the foregoing Petition for Special Relief upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same postage prepaid, first class mail, addressed as follows: - Joseph D. Caraciolo, Esquire 112 Market Street, Sixth Floor, Harrisburg, PA 17101 6? Respectfully submitted, Date: ,Oro S - JoAnne Linda Mikus-Keefauver i 282 Walton Street, Lemoyne, PA 1704 10/14/2009 13:43 7175320401 La,,r uzzic9 cz Sean ecLLer ?Fu7>4 r. uuc /uue Law Office af BENJAM YOFFEE ATTORNEY &: CO SELOR AT LAW p October 14. 2009 Mr. Joseph D. Caraciolo, Esquire 117, Market Street 60' Floor Veteran's Building Attorney Caraciolo: Pursuant to our conversation, Ms. Mikes- Keefauver is putting fourth a counter offer in an attempt to resolve this Divorce issue. Ms. Mficw- Keefauver is willing t $5000.00 to Mr er in exchange for his reaquishment of marital interest . Miku_5•-Keefauver will agree to refinance the property into her name and will work diligently to accomplish this end. I am unwilling to commit her to a 90 day time frame. My client needs the opporMnity to expeditiously research the process and find an appropriate lender. Only at that time can we commit to a firm time period. However, we agree the time frame should be reasonable. Additionally, Ms. Mikes-Keefauver is willing to allow Mr. Keefauver the opportunity to deduct the mortgage in tax year 2009 ;?o r--T-5 , Mr. Keefauver agree to pay alimony in the amount of $225.00 per month for a period of twenty-f months beginning thirty days after the signing of the Marriage Settlement Agreement and continuing monthly thereafter. With regard to the computer Ms. Mikes-Keefauver would Iilce to allow her computer expert to reexamine the hard drive. If the expert is able to recover the information my client will provide this to Mr. Keefauver. If the expert is not able to recover the information than Mr. Keefauver may take the computer to Best Buy_ If Best Buy is able to recover the hard drive in total, including Mrs. Keefauver and her children's data my client is willing to pay for half of that bill. Mr_ Keefauver may be anxious to resolve his Divorce. However, we are prepared to argue that his contractual obligation under the Protection From Abuse Order is binding- It would appear to me thax the parties are very close to reaching an agreement- I would suggest the risk of losing at a healing for Mr. Keefauver is far greaten than additional time to hammer out this agreement. This settlement offer is contingent on review and approval of specific language of a Marriage Settlement Agreement in conformity herewith. Please respond with your client's position. Sincerely, Benjamin Yvffee, Esquire P.O. Box 216 + Camp Bill, PA 17001-0216 + Phone: (717) 497-1021 9 Fan: V mail: benjaminCyo#lee_net -uI?Z11CC_ ?% 717SE20401 Law Cffica of Sean Potter #1032 P-002 1002 Law Office 5of -BENJ YOFFEE .4w ATTORNEY & CO SELOR AT 1,AW 5 ?- October 22, 200.9 Mr. Joseph D. Caraciolo, Esquire 112 Market Street 6m Floor Veterans Building Attorney Caraeiolo: 1 have reviewed the proposed settlement agreement with my client. We are proposing the following language adjustments be made: First, that wife be given 48 months to refinance the property and that if she should miss (3) three consecutive payments that the property be sold with wife listed as the agent. You may craft an indemnification clause. Second, that husband is to ay wife $5,000 for transferring title of p Durango to his name. )cd 70 TM Third, that a list be provided of any household furnishings that husband shall want to be approved by both parties. Fourth, that recovery of lost data include that all data must be recovered and returned to wife and children. Please review the above proposal in language with your client. I will expeditiously review the changes with my client for approval once another draft is received Sincerely, Benjamin Yoffee Attorney at Law IN 16a4r,, ,kt P.O. Box 216 * Camp Hill, PA 17001-0216 + Phone: (717) 497-1021 • Fax: .. 4 E-mail: benjamin@yoffee.net Thursday, April '15, 2010 2:33 PM To: Thank of America Sue Donson 717-697-5981 ltE: Mortgages on 242 Walton Street, Lemoyne, PA 17043 Date: April 13, 2010 Regarding the Following mortgage accounts: 032004592 - Primary Mortgage; and 023667246 HELOC. Please remove my naive, Lawrence E. Keefauver, from the deed and mortgage of'these accounts regarding the property located at 242 Walton Strect, Lemoyne, PA, Parcel ID#12220822284. It is my understanding that my soon-to-be ex-wife, Jo Anne Mikes, has requested and was granted the opportunity to refinance the loans in her nan is for said property. II' you need further clarification, my cell phone number is 717-574-1809. Thank you, Lawrence E. Keefauver zz ?? 41-11~. - T7 Ain't ?ES i V P.01 y LAWRENCE KEEFAUVER, Plaintiff V JOANNE MIKUS-KEEFAUVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-1667 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 16th day of September, 2010, after hearing on Lawrence Keefauver's Petition for Special Relief and contempt, the Court finds the defendant is not in contempt of this Court's Order of July 12, 2010. However, the Plaintiff's, Lawrence Keefauver's, Petition for Special Relief is granted. JoAnn Mikus-Keefauver shall pay attorney's fees in the amount of $1,500.00 and will vacate the home at 282 Walton Street on or before November 12, 2010, unless she is able to totally re-finance the house and settle the matter. By the Court, '~~\~ M. L. Ebert, Jr., -~ Jose h Ca i l p rac o o, Esquire For the Plaintiff ~`' ~; J ~~ ~ oAnne Mikus-Keefauver, Defendant ~~ ~ ~i~ 282 Walton Street ~~ ~ ~~, Lemoyne , Pa . ;, "~ _ rv ca ~ , :mtf r---~= "~~ ~• _.-~ta °'~ -~ g/aa, / rd ~ -: JOANNE L. MILKUS-KEEFAUVER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LARRY E. KEEFAUVER, DEFENDANT PACSES NO. 753110866 400 SUPPORT 2009 LAWRENCE E. KEEFAUVER, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ~-, . c ,,,, c, ~ -, JOANNE L. MILKUS-KEEFAUVER, PA NO. 753110866 ~~ ~ ~ -Y•; DEFENDANT/PETITIONER -1667 CIVIL TERM ~~ -~ ~~`- ~~ ~~~~ P -`? --, f-- .~:- ORDER OF COURT ~ -- ~-~-- --~ cA.z AND NOW, this day of October, 2010, following receipt of briefs and a request for oral argument from defendant/petitioner, the parties are directed to appear on Monday, October 11, 2010, at 11:00 a.m., in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania, for argument on the exceptions filed by defendant/petitioner to the Support Master's Report and Recommendations. The parties are advised that only the issues raised and briefed by defendant/petitionershatl be argued. By the Court, -f~~ y ~/ !~//J//~~ !~ Albert H. Masland, J. Joanne L. Mikus-Keefauver, Pro se ..~w Joseph D. Caraciolo, Esquire For Lawrence E. Keefauver :saa .~. ~, JOANNE L. MIKUS-KEEFAUVER, PLAINTIFF V. LARRY E. KEEFAUVER, DEFENDANT LAWRENCE E. KEEFAUVER, PLAINTIFFlRESPONDENT V. JOANNE L. MIKUS-KEEFAUVER, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PACSES NO. 753110866 400 SUPPORT 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PACSES NO. 753110866 09-1667 CIVIL TERM IN RE: DEFENDANT/PETITIONER'S EXCEPTIONS TO SUPPORT MASTER'S REPORT AND RECOMMENDATION AND NOW, this ORDER OF COURT ~~ day of October, 2010, upon consideration of the exceptions filed to the Support Master's Report and Recommendation, the record of the case presented before the Support Master on May 3, 2010, the briefs filed by the parties, and oral argument presented on October 11, 2010, IT IS HEREBY ORDERED AND DIRECTED that defendant/petitioner's exceptions to the Master's Report and Recommendation ARE DISMISSED and the current interim order of court dated May 6, 2010, is entered as a final order of court. By the Court, ~~ ;,_ ~~- l ~ " l - - ~- r~ ~ 4„ .. .. ~-' ~ -„~ ~ °~= A bert H. Masland, J. ~_~~ -, `,~. ~~ ~ .... ~ ,_ ~ ~~; '.'~ " ' X400 SUPPORT 2009 09-1667 CIVIL TERM ~nne L. Mikus-Keefauver, Pro se 282 Walton Street Lemoyne, PA 17043 oseph D. Caraciolo, Esquire For Lawrence E. Keefauver saa ~p ~ i >/S ~ a. ~ loI1Y/~~ ~~ -2- JOANNE L. MIKUS-KEEFAUVER, PLAINTIFF V. LARRY E. KEEFAUVER, DEFENDANT LAWRENCE E. KEEFAUVER, PLAINTIFF/RESPONDENT V. JOANNE L. MIKUS-KEEFAUVER, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PACSES NO. 753110866 400 SUPPORT 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PACSES N0.753110866 09-1667 CIVIL TERM IN RE: DEFENDANT/PETITIONER'S EXCEPTIONS TO SUPPORT MASTER'S REPORT AND RECOMMENDATION OPINION AND ORDER OF COURT Masland, J., October 13, 2010:-- Defendant/Petitioner requests that this court grant her exceptions to the Support Master's Report and Recommendation. For the reasons explained below, this court denies that request. STATEMENT OF FACTS Defendant/Petitioner Joanne L. Mikus-Keefauver (hereafter wife) and plaintiff/respondent Lawrence E. Keefauver (hereafter husband) were married on April 7, 2004 and separated on or about March 5, 2009, pursuant to the terms of an agreed order entered to an action initiated by wife under the Protection from Abuse Act.' On or about March 17, 2009, husband filed an action for a divorce to which wife Support Master's Report and Recommendation 1, filed May 6, 2010. 400 SUPPORT 2009 09-1667 CIVIL TERM filed an answer and counterclaim on April 22, 2009, including a claim for alimony pendente lite.2 On May 12, 2009, wife filed a complaint for spousal support.3 The marital residence, which wife has been occupying exclusively since the separation, is encumbered by a first mortgage and a home equity second mortgage, both to Bank of America. The payments to these mortgages total approximately $1,225 per month and pursuant to the terms of the protection order entered March 5, 2009, husband paid approximately half of the total payments through March, 2010 a Pursuant to an order of court dated March 25, 2010, husband has been paying only the home equity second mortgage with averages approximately $278 per month.5 Wife is employed by Pinnacle Heath as a receptionist/medical assistant and had gross earnings in 2009 of $24,764. Husband is employed by Menlo Worldwide Logistics which gross earnings in 2009 of $52,514. Both parties' tax filing status is married/separates After a hearing on May 3, 2010, the Support Master determined that no spousal support should be awarded because husband had made direct payments for the benefit of wife from May, 2009 through March, 2010, which exceeded the guideline amount of support that would have been payable.' Significantly, the Master did not address the 2 Id. s Id. ~ Support Master's Report and Recommendation 2, filed May 6, 2010. 5 Id. s /d. ~ Id. -2- 400 SUPPORT 2009 09-1667 CIVIL TERM merits of husband's defense, where he alleged that wife's pre-separation conduct constituted indignities.8 See 23 Pa.C.S. § 3301(a)(6) (Grounds for divorce -Fault). The Master did determine that wife was entitled to an award of alimony pendente lite, and based on the aforesaid earnings determined that the award (calculated in the same manner as spousal support) would be $545 per month.9 The court adopted the Master's Recommendations and issued an interim order of court on May 6, 2010.10 On May 26, 2010, wife filed timely pro se exceptions to the Master's Report and Recommendation.' Wife's filing is a two page handwritten document titled "Filing of Exceptions" and purports to be a brief as well.12 DISCUSSION I. Standard of Review A Support Master's Report is to be given the fullest consideration and should not be disturbed unless the record indicates a clear abuse of discretion based on a showing of clear and convincing evidence. Moran v. Moran, 839 A.2d 1091, 1095 (Pa. Super. 2003). Abuse of discretion is found where the evidence on record is insufficient to sustain the award, where the law is overridden or misapplied, or where the exercise of judgment is unreasonable. Lampa v. Lampa, 538 A.2d 350, 352 (Pa. Super. 1988). 8 /d. s Support Master's Report and Recommendation 3, filed May 6, 2010. 10 Interim order of court, filed May 6, 2010. " Defendant/Petitioner's exceptions to recommended Interim order of court, filed May 26, 2010. , 12 There are numerous attachments to wife's filing, none of which are in the record before the court and therefore will not be considered. -3- •400 SUPPORT 2009 09-1667 CIVIL TERM II. Exceations to the Suaaort Master's Reuort and Recommendation Wife's pro se exceptions appear to raise three issues. First, under a heading titled "Findings of Fact -- #12" wife takes issue with the Master's finding that between March 5, 2009 and March, 2010, husband paid the water, sewer and trash bills totaling approximately $40 per month. Husband testified that the parties intended to split the sewer and trash bill, which was $120.50 every quarter, however he "never received any money whatsoever for that bill [from wife]."13 Wife testified on cross-examination that husband shared the costs of that bill "in the beginning," until it was transferred to her.'4 Wife was unclear as to the amount of the bill, whether it was monthly or quarterly, and when it was transferred.15 In short, the Master found the husband's testimony credible that he was in fact paying this quarterly bill until March, 2010. We concur with the Master's finding and further note that the amount paid by husband on these bills, as well as his direct payments on the mortgage, were factored into the Master's consideration of spousal support and not alimony pendent elite. Because those payments had no bearing on the Master's award, wife's exception is misplaced and irrelevant. Wife's second exception is titled "Discussion" and relates to husband's allegations regarding wife's "pre-separation conduct constitute[ing] indignities."'s It is axiomatic to divorce practitioners that fault or indignities are irrelevant in a claim for 13 Notes of testimony, 35, May 3, 2010. (hereinafter N.T. ~). 14 N.T., 22. 75 N.T., 23. 's DefendantlPetitioner's exceptions, pg. 1. -4- 400 SUPPORT 2009 09-1667 CIVIL TERM alimony pendente lice. Unfortunately, wife does not appear to appreciate the fact that she was awarded alimony pendente lite irrespective of any allegations of fault. The Master did not consider them in his award of alimony pendente lite nor will the court. Finally, wife's third objection, titled "New evidence," alleges that husband "has repeatedly displayed abusive and indignent [sic] behavior."" Wife goes on to decry the behavior of husband with the concluding remark "Please make him UNDERSTAND!! [sic]." It was the desire of the court that through oral argument (as requested by wife) wife would understand the deficiencies of her "exceptions." For example, wife is upset because she did not receive spousal support; however, the Master clearly noted that husband was paying above the guidelines. Similarly, in the Master's award of alimony pendente lite, wife does not comprehend the fact that indignities are irrelevant, no matter who may have committed them. Ultimately, her objections to the recommendation of the Master are misdirected. None of her claims, even if true, could alter the outcome. Husband insists that the exceptions were frivolous, filed solely for delay and have created an undue hardship for him. Consequently he has requested an award of attorney's fees. Although wife's pro se filing is fatally flawed, given her unfamiliarity with the law, we do not find it to be frivolous or vexatious and therefore do not award attorney fees. Ironically, we note that wife's chief gripe (which was not preserved in her exceptions) emerged during oral argument -- the Master failed to make the payments of alimony pendente lite retroactive. The Master clearly noted that because wife had not made a formal request for a hearing on her claim of alimony pendente lice, the " Id. -5- 400 SUPPORT 2009 09-1667 CIVIL TERM appropriate effective date was May 1, 2010.18 Therefore, even if wife had properly preserved that issue in her exceptions, it would still have been denied. In sum, wife's exceptions do not raise any arguable abuse of discretion by the Master. To the contrary, his findings and recommendation are fully supported by the law and the record. Accordingly, we enter the following order: f ORDER OF COURT AND NOW, this /~ day of October, 2010, upon consideration of the exceptions filed to the Support Master's Report and Recommendation, the record of the case presented before the Support Master on May 3, 2010, the briefs filed by the parties, and oral argument presented on October 11, 2010, IT IS HEREBY ORDERED AND DIRECTED that defendant/petitioner's exceptions to the Master's Report and Recommendation ARE DISMISSED and the current interim order of court dated May 6, 2010, is entered as a final order of court. By the Court, Albert H. Masl d, J. '8 Support Master's Report and Recommendation 3, filed May 6, 2010. -6- X00 SUPPORT 2009 09-1667 CIVIL TERM Joanne L. Mikus-Keefauver, Pro se 282 Walton Street Lemoyne, PA 17043 Joseph D. Caraciolo, Esquire For Lawrence E. Keefauver saa -7- LAWRENC~ E. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA I ~. ' NO. 09-1667 JOANNE L A MIKUS-KEEFAUVER, ~ ~~ ~ ~~ Defendant CIVIL ACTION-LAW ~„ IN DIVORCE ~n~' ~' .~.. ~~ r,~ ~ ~ PLAINTIFF'S AFFIDAVIT OF CONSENT -c, ° .~~ ~--.~~ UNDER SECTION 3301(c) OF THE DIVORCE CODE ~ ° ®Q ~~ 1. A ~~,complaint in divorce under Section 3301(c) of the Divorce Code was filed on M~h l~ 20~. -- 2. T1he marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the d cree. 4. I erify that the statements made in this affidavit are true and correct. I understand that false statements helrein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dat ~ Lawrence Keefauver LAWRENCI~ E. KEEFAUVER, i Plaintiff v. JOANNE ~ MIKUS-KEEFAUVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1667 CIVIL ACTION-LAW IN DIVORCE ~,;.. r„ a ~ ~ ~ ~ ~~ .~: ~ ~ --~ r~ ~ r-- cr, r -~ ~' ~ =o ~ ~ o , ~~ ~~ ~ p~ ~~ ~ ~~ s r.~ A ~ ~ ~ PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I o not claim them before a divorce is granted. 3. I derstand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the d cree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. i / /S i~ ~ Dat ~ Lawrence eefauver ~ s w ra Joseph D. Caraci lo, Esquire Attorney ID No. 0919 Foreman & Cara iolo, P.C. 112 Market Stre , 6~' Floor Harrisburg, PA 17101 (717) 236-9391 elephone (717) 236-6602 csimile joseph@ffclaw.n t LAWRENCCE E. KEEFAUVER, 1N THE COURT OF COMMON PLEAS OF ', Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09 - 1667 ~`? "' - ~., JOANNE Llh\TDA MIKUS-KEEFAUVER, :CIVIL ACTION -LAW Defendant IN DIVORCE ~_ ~~ r~l ::: is~~~ ~; .~> t-- ~_ = .c~ u ~~ ~_ `=-~ c~ c~ --1 r,~ ~.~ -7 ~: c.J INVENTORY OF LAWRENCE E. KEEFAUVER .~~ Plaintiff files the following inventory of all property owned or possessed by either party a1 the time this action was commenced and all property transferred within the preceding three years in accordance with Pennsylvania Rule of Civil Procedure 1920.33(a). rn~ ~~ :~z~ ~ c~ --~ e,~ ~~ t.7 -rl -- ~~ ~> ~~ Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to u~lsworn falsification to authorities. Lawrence E. Keefauver, Plaintiff I ~ ~f l• ASSETS OF THE PARTIES Pla' tiff marks on the list below those items applicable to the case at bar and itemizes the assets on th following pages. (X) 1. Rea property (X) 2. Motor vehicles ( ) 3. Sto~ks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Con~ents of safe deposit boxes ( ) 8. Tru~ts ( ) 9. Life~insurance policies (indicated face value, cash surrender value and current beneficiaries) (X) l O.An~uities O 11. Gift () 12. Inhe 'tances i () 13. Pate~ts, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Bus' ess (list all owners, including percentage of ownership, and officer/director posi~ions held by a party with company) () 16. Employment termination benefits -severance pay, worker's compensation claim/award (X) 17.Pro~it sharing plans (X) 18.Per~sion plans (indicate employee contribution and date plan vests) (X) 19.Ret~rement plans, Individual Retirement Accounts ( ) 20. Dis ( ) 21. Liti ( ) 22. Mil ( ) 23. Edl (X) 24.De (X) 25.Hc if distributi ity payments on claims (matured and unmatured) .A. benefits benefits due, including loans, mortgages held hold furnishings and personalty (include as a total category and attach itemized list of such assets is in dispute) ( ) 26. interest Item Number 2. 2. 2. 5. MARITAL PROPERTY lists all marital property in which either or both spouses have a legal or equitable ally or with any other person as of the date this action was commenced: Description of Property 2004 Dodge Durango Paid $18,500 Sept. 2007 Larry's possession $9,027.00 From accident claim Equaling $9,473.00 paid 2006 Mazda 6 Paid $16,500.00 JoAnne's possession 2005 Dodge Neon Paid $5,500.00 JoAnne's possession $97,000 cash in lunch box in attic CD's $40,000 Sale of house $57,000 Names of Larry and JoAnne Keefauver JoAnne Keefauver JoAnne Keefauver Larry and JoAnne Keefauver 5. I JoAnne's bank account and 401(K) JoAnne Keefuver ~~ See attached ' NON-MARITAL PROPERTY Plai tiff lists all property in which a spouse has a legal or equitable interest which is claimed to a excluded from marital property: Item Description Number of Property 1. Home at 282 Walton Street Lemoyne, PA 17043 Paid $141,000.00 in Apri12003 Owe $132,000 as of Sept. 30, 2010 1. ~ See attached property list 10. 'i Annuities Value at marriage $77,907.00 March 31, 2004 Value at rollover $102,836.00 April 17, 2007 Value at separation $114,496.00 March 31, 2009 Current value $116,899 19. I 401(K) started Feb. 28, 2006 Value at separation $10,981.00 ' Apri19, 2009 5. Checking account $400.00 Savings Account $200.00 Reason for Exclusion Bought prior to marriage Bought prior to marriage 24 years of working prior to marriage Larry's contributions from paycheck Larry is the only one putting money in these PROPERTY TRANSFERRED Description Date of Consid- ofProperty Transfer eration Home at 282 Walton 2006 St., Lemoyne, PA 17043 St., Lemoyne PA 17043 Person to whom Transferred Lawrence E. Keefauver and JoAnne Linda Mikes-Keefauver LIABILITIES OF THE PARTIES 1 24 Description Names of Names of of Property All Creditors All Debtors 282 Walton Street Bank of America Lawrence E. Keefauver Lemoyne, PA 17043 Account 32004592 $106,694.05 Account 23667246 $24,100.00 Credit Card Chase Lawrence E. Keefauver 4185-8680-1213-7911 JoAnne-user on account $1,971.00 Capital One 5178-0572-2634-1753 $4,943.00 Orchard Bank 5155-9300-4459-1477 $2,266.00 Aspire 7726-7400-0934-4598 $1,564.00 Joseph D. Caraci lo, Esquire Attorney ID No. 0919 Foreman & Carat olo, P.C. 112 Market Stree , 6`~' Floor Harrisburg, PA 1 101 (717) 236-9391 lephone (717) 236-6602 F csimile LA JOANNE E. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09 - 1667 JA MIKUS-KEEFAUVER, :CIVIL ACTION -LAW Defendant IN DIVORCE INCOME AND EXPENSE STATEMENT OF LAWRENCE E. KEEFAUVER $2.50 Wage Attachment Fee $505.55 INCOME: Pays Pay Netay per Pay Period: Oth Income: Interest: Dividends: loyer: Menlo World Wide Lo ig srics ress: 7125 Grayson Rd., Harrisburg, PA 17111 of Work: Warehousing oll Number: F2265 Period (weekly, biweekly, etc.): Weekly Gross Pay per Pay Period: $885.76 Itemized Payroll Deductions: Federal Withholding: 67.54 Social Security: 53.02 Local Wage Tax: $17.08 State Income Tax: 26.21 Medicare Tax: $12.40 Retirement: Savings Bonds: Credit Union: Health Insurance: $63.00 Other (specify): $138.46 Alimony Pension: Annuity: Social Security: _ Rents: Royalties: Expense Account: _ Gifts: Unemployment Comp.: Workmen's Comp.: _ Total: AL INCOME: $885.76 weekly_gross $46,060 yearlygross $505.55 weekly net $26,288 ~v net MONTHLYf EXPENSES Mortgage/Rent: $1,225.00 Mortgage/$750.00 Rent Maintenance: Utilities: Electric: $110.00 Gas: Oil: Telephone: $109.00 Water: Sewer: Public Transportation: Lunch: $7.00 daily, $35.00 weekly, $140.00 monthly Real Estate: $200.00 Personal Property: _ Income: $444.00 Homeowners: $80.00 monthly Automobile: $231 quarterly/$924 yearly Life: Accident: Health: Other: Renters Insurance $22.00 monthly Aut mobile Payments: Fuel: $240.00 Repairs: $100.00 Doctor: $20.00 Dentist: Orthodontist: Hospital: Medicine: 20.00 Special Needs (glasses, braces, orthopedic devices) Private School: Parochial school: College: _ Religious: Clothing: $30.00 Food: $450.00 monthly- special diet due to Celzac Disease Barber/hairdresser: $20.00 Credit payments Credit card: $320.00 Charge accounts: Memberships: Credit Union: Household help: Child care: Papers/books/magazines: Entertainment: Pay TV: $96.90 Vacation: Gifts: Legal Fees: $337.00 Charitable Contributions: _ Other Child Support: y Payments: $600.00 monthly PROPERTY OWNED S ing accounts: $400.00 ;s accounts: $200.00 Union: Estate: NOT INCLUDED IN PAYROLL tal: _ Blue Cross: Other: Blue Shield: Other: /Accident: ility Income: TOTAL EXPENSE PER MONTH: $ VERIFICATION I, L WRENCE E. KEEFAUVER, verify that the statements made in foregoing document are true and correct to the best of my knowledge. I understand that false statements herein are made subje~t to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Lawrence E. Keefauver Joseph D. Caracio o, Esquire Attorney ID No. 9 919 Foreman & Caraci lo, P.C. 112 Market Street 6~' Floor Aurisburg, PA 1 101 (717) 236-9391 T lephone (717) 236-6602 F csimile joseph@ffclaw.n LAWRENC E. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09 - 1667 JOANNE L DA MIKUS-KEEFAUVER, :CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Jo eph D. Caraciolo, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing Inventory upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: JoAnne Linda Mikus-Keefauver 282 Walton Street Lemoyne, PA 17043 Submitted, U J ph D. Ca~iolo squir orney ID No. 90 19 12 Market Street, 6~' Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 PC 4~ : IN THE. COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA '- c-, ~ ~ 09 - 1667 .. ~ No a -,, . rnQ' ° : CIVIL ACTION -LAW ~ ~ ~~ rn-' ~ v, : IN DIVORCE "'~ `~' -G~ '~ ' -4p . := o -'' as ~ or' • © rn SoANNE LINDA M1KUS-KEEFAUV'ER, Miff- l~~~d~r-,,f v. LAWRENCE E. KEEFAUVER, ~n ~i _.. .. . Appeal of Petition For Special Relief -(~ ~c~.~r)o~~T,,,~cf~i~- Court of Common Pieas 09-1667 Civii Term ____ September 22, 2010 AND NOW, comes the Appelant which will be referred to as the Plaintiff in this petition, Jo Anne Linda Mikus-Keefauver, Pro-Se and respectfully filed the foregoing Appeal Petition for Special Relief as follows: 1. Petitioner is Jo Anne Linda .Mikus-Keefauver an adult individual presently residing at 282 Walton Street in Lemoyne, Pennsylvania 17043. 2. Respondant is Lawrence E. Keefauver, an adulfi individual currently residing at 105 E. Allen Street, Apt 106, Mechanicsburg, Pennsylvania 17055. 3. A divorce action was filed to the above captioned term and number on March 17. 2009 with service by certified mail, return receipt requested, and signed by Petitioner. 4. Presently, Petitioner Jo Anne Linda Mikus-Keefauver is Pro-Se, however of relevant times during these proceedings was represented by counsel. 5. Since seperation, Petitioner has occupied and had exclusive possession of the maritial residence as was stated in the PFA against Respondant, Defendant, on March 5, 2009. (See attached Exhibit A for reference). 6. Plaintiff consistently sent checks for payment of the bills and mortgage to Respondant in good faith that he was paying them as required by the PFA like he had been. doing since the } ~~~DO ~~( •~ao~ asmc~ beginning of the order then became aware that he was in fact not sending them but rather withholding them and not paying the mortgage at all'which resulted in the home going into a state of foreclosure. (See attached Exhibit B for reference.) 7. On April 17,2009 Respondant was awarded the Petition for Special Relief requesting e the sale of the Maritial Residence located at 282 Walton Street, Lemoyne, Pennsylvania ~ `" 17043. This Order• did not address the reason for the checks not being sent but merely ordered they be returned and did not address the fact that the home was entering into Foreclosure which makes the ability to enforce the opportunity to purchase the home by the Plaintiff null and void because of the financial standing of the property. The action of not paying the mortgage was clearly contempt of the existing order of the court and was addressed numerous times by previous counsel Lesley Beam to Joseph~Caraciolo to no avail the mortgage still remained unpaid and home did in fact fall completely into foreclosure. (See attached Exhibit C for reference). 8. Plaintiff believes, and therefore avers, that Defendant's act of filing multiple petitions which had no basis or foundation constitute vexatious behavior and caused repeated counsel fees and should be awarded assistance with them under 2503(7) of the Judicial Code. 9. Despite repeated concern on behalf of Plaintiff as it pertained to the lack of clarity of the decisions and facts relating to the foreclosure status of the house and what could now be done to save the maritial asset no answers ensued. Plaintiff then and only then was given access to call the bank to try and find what options or possibilities existed to keep the property since that was always the addressed communication with Plaintiff and Defendant from the inception of the divorce action. (See attached Exhibit D for reference). Since then there has been. a modification of the loan set up for the purpose and possibility of saving the maritial asset and preserving the maritial propery which is in the best financial ~ interest of both parties. ~ f Despite that fact the Order for Special Relief from the, Honorable M. L. Ebert, Jr. continued to become more and more aggressive and demanding as to the Plaintiff buying the property from the Defendant within a short period of time which was in fact an impossibility since it was in foreclosure, again, a fact that was not addressed or considered by anyone. Therefore, even though a mortgage has been obtained it cannot be used to purchase ` this property by Plaintiff since the parties are still married and the purchase would resemble I r a Short Sale which presents an unethical move to resolve the financial hardship between the parties. Clearly, since the Plaintiff has gone through all this effort and has been granted the opportunity to save the maritial home from foreclosure the idea of the Plaintiff having to move out of the property is absurd and unfair since that would assure that the home will foreclose and then both parties will suffer financially. Plaintiff is both saving the maritial equity in the house, preserving the value of the property by maintenance and improvements therefore it seems there is no valid reason that Plaintiff should be ordered to vacate the property until it is in fact sold. 10. It is the contention of the Plaintiff that the changes occuring since the PFA is no longer being enforced as was originally intended as it pertians to house payments and the language in the Special Relief order makes the financial obligation of the home the .sole responsibility of the Plaintiff that this presents an unfair burden both financially and emotionally to the Plaintiff which does not reflect reasonableness or fairness with trying to maintain the maritial asset which will cause damage in respects to the equitable distribution of the maritial equity if the house is not saved from foreclosure. 11. Plaintiff has expended attorney's fees to the point of now presenting Pro-Se as a results of non-compliance of issues in PFA pertaining to the residence and divorce matters and the Plaintiff asks the mercy of the Judge to allow still exsisting legal fees of over 5 Thousand dollars to be granted to be paid by Defendant. (See Attached bill for review Exhibit ~Z for reference). s ~ Wherefore, Petitioner respectfully requests that this Honorable Court enter an Order ammending the Petition for Special Relief as to the sale of the maritial residence to allow the Petitioner to reside there until such time that the home is sold and allowing the home __ __ ,-__ __ to be out of Foreclosure and available for sale at full market value. There is no logical reason to interfere with the rebuilding of equity in the property which will be to the economic advantage of both parties. Plaintiff will be responsible for all financial obligations as it pertains to the Maritial Property and the Defendant will be responsible for the payment of the Second Mortgage as was stated in the Original Special Relief Order. Plaintiff is requesting that legal fees incurred be granted and be paid by Defendant. The Court has the authority to do so under 23 Pa. C. S. 323 (f) as "the court may issue injunctions or other orders which are necessary to protect the interests of the parties... and may grant relief or remedy as equity and justice require." 23 Pa. C.S. 3323(f) 2010. Respectfully submitted, Dated: ~~,~ 1 ~ LAWRENCE KEEFAWER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V JOANNE MIKUS-KEEFAUVER, 09-1667 CIVIL TERM Defendant IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 16th day of September, 2010, after hearing on Lawrence Keefauver's Petition for Special Relief and contempt, the Court finds the defendant is not in contempt of this Court's Order of July 12, 2010. However, the Plaintiff's, Lawrence Keefauver's, Petition for Special Relief is granted. JoAnn Mikus-Keefauver shall pay attorney's fees in the amount of $1,500.00 and will vacate the home at 282 Walton Street on or before November 12, 2010, unless she is able to totally re-finance the house and settle the matter. By the Court, '`v`~ M. L. Ebert, Jr., Joseph Caraciolo, Esquire For the Plaintiff JoAnne Mikus-Keefauver, Defendant 282 Walton Street Lemoyne, Pa. mtf ~'PRUE COPY. FR9~1! ~EOORD In Testirppny~t~l?eof, }-here unto set my hand and the at ~at~+sre, Pa. yp ~ ~Y •c~~~ ;1 r LAWRENCE E. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION - LAW JoRNNE LINDA MIKUS-KEEFAUVER, Defendant 09-1667 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of March, 2010, this being the time and place set for a hearing on a Petition to Enforce Property Settlement Agreement filed November 23, 2009, and Plaintiff's Petition for Special Relief filed April 17, 2009, and after consultation with counsel and by agreement of the parties it is hereby ordered and directed: 1. The house at 282 Walton Street, Lemoyne, Pennsylvania, 17043, will be placed for sale with a realtor to be chosen by the parties. 2. Wife will be responsible for the payment of the parties' primary mortgage on this residence at Bank of America. 3. Husband will be responsible for payment of the home equity loan credit also with Bank of America attached on the residence. 4. Wife will have 30 days for application for refinance. If she is able to refinance, the house will be taken back off the market. 5. The checks written from wife to husband that remain un-cashed since November 24, 2009, will be returned to her. 6. Pending the sale of the house, wife will continue paying all other outstanding obligations on the residence. ~b~~~~ 8h :0! K~ sZ ~dN Qi0l ~+r.~vo~-.~e~ ~ ~c: ~~ By the Court, M. L. ber Jr., LAWRENCE E. KEEFAUVER IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. JOANNE LINDA MIKUS-KEEFAUVER DEFENDANT N0.09-1667CIViL ORDER OF COURT AND NOW, this 12"' day of July, 2010, upon consideration of the Plaintiff's Second Petition for Special Relief Defendant's Response thereto, and after oral argument, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff, Lawrence E. Keefauver's Petition is GRANTED. Lawrence E. Keefauver shall be deemed agent of the sellers with authorization to list and sell the marital residence on behalf of the parties. Pending final safe, Defendant, JoAnne Linda Mikus-Keefauver is hereby ordered to pay all monthly first and second mortgage payments and all expenses with respect to said property. By the Court, M. L. Ebert, Jr., J. Joseph D. Caraciolo, Esquire Bruce Foreman, Esquire Attorney for Plaintiff JoAnne Mikus-Keefauver, Pro Se __ 282 Walton Street _ __ _ __ _ _ __ __ Lemoyne, PA 17043 bas PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2009-01667 KEEFAWER LAWRENCE E (vs) MIKUS-KEEFAWER JOANNE LINDA Reference No..: Filed........: 3/17/2009 Case Type.....: COMPLAINT - DIVORCE Judgment......: .00 Time.........: Execution Date 11:25 0/00/0000 Judge Assigned: EBERT M L JR Disposed Desc.: Jury Trial.... Disposed Date. 1 C i 0/00/0000 ------------ Case Comments ------------- .: gher rt H Higher Crt 2.: ********************************************************************* *********** General Index Attorney Info KEEFAWER LAWRENCE E PLAINTIFF CARACIOLO JOSEPH D 921 DERBYSHIRE AVENUE MECHANICSBURG PA 17055 MIKUS-KEEFAWER JOANNE LINDA DEFENDANT 282 WALTON STREET LEMOYNE PA 17043 ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 3/17/2009 COMPLAINT - DIVORCE - 1 ADDL COUNT - EQUITABLE DISTRIBUTION FILED BY JOSEPH D CARACIOLO ESQ FOR PLFF ------------------------------------------------------------------- 4/15/2009 PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE - BY JOSEPH D CARACIOLO ATTY FOR PLFF ------------------------------------------------------------------- 4/17/2009 ORDER OF COURT - 4L17/09 IN RE: PLFFS PETITION FOR SPECIAL RELIEF - IT IS HEREBY ORDEEREDD AND DIRECTED THAT 1- A RULE IS ISSUED UPON THE DEFT TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED 2- THE DEFT WILL FILE AN ANSWER ON OR BEFORE 4 28 09 3- IF NO ANSWER TO THE RULE TO SHOW CAUSE IS FILED BY THE R QU RED DATE THE RELIEF REQUESTED BY PLFF SHALL BE GRANTED UPON THE COURTS RECEIPT OF A MOTION REQUESTING RULE BE MADE ABSOLUTE - IF THE DEFT FILES AN ANSWER TO THI5 RULE TO SHOW CAUSE THE COURT WILL DETERMINE IF FURTHER ORDER OR HEARING IS NECESSARY 4- THE PROTHONOTARY IS DIRECTED TO FORWARD SAID ANSWER TO THIS COURT - BY M L EBERT JR J - COPIES MAILED 4/17/09 ------------------------------------------------------------------- 4/22/2009 ANSWER PETITION FOR SPECIAL RELIEF AS TO SALE OF MARITAL RESIDENCE - BY BENJAMIN R YOFFEE ATTY FOR DEFT ------------------------------------------------------------------- 4/22/2009 PROOF OF SERVICE - ANSWER TO PETITION FOR SPECIAL RELIEF UPON PLFFS COUNSEL - BY BENJAMIN R YOFFEE ATTY FOR DEFT ------------------------------------------------------------------- 4/22/2009 PROOF OF SERVICE - ANSWER AND COUNTERCLAIM UPON PLFFS COUNSEL - BY BENJAMIN R YOFFEE ATTY FOR DEFT ------------------------------------------------------------------- 4/22/2009 ANSWER TO COMPLAINT IN DIVORCE UNDER SECTION 3301C OR D OF THE DIVORCE CODE - 2 ADDITIONAL COUNTS ALIMONY AND COUNSEL FEES AND EXPENSES - BY BENJAMIN R YOFFEE ATTY FOR DEFT ------------------------------------------------------------------- 4/22/2009 PRAECIPE FOR APPEARANCE FOR DEFT - BY BENJAMIN R YOFFEE ESQ ------------------------------------------------------------------- 5/05/2009 ORDER OF COURT 5 5/09 IN R/E: PLFFS PETITION FOR SPECIAL RELIEF - COUNTYGCOURTHOUSEL-DBYOM L/EBERTAJR2J00 COPIESCMAILEDB5/5L%09 ------------------------------------------------------------------- 6/29/2009 MOTION FOR CONTINUANCE - BY BENJAMIN R YOFFEE ATTY FOR PLFF ------------------------------------------------------------------- 7/02/2009 ORDER OF COURT - 6/30/09 IN RE: MOTION FOR CONTINUANCE - HEARING IS RESCHEDULED FOR 10~23L09 AT 1:30 PM IN CR5 CUMBERLAND COUNTY COURTHOUSE - BY M L E ERTT JR J - COPIES MAILED 7/2/09 ------------------------------------------------------------------- 10/16/2009 ORDER OF COURT - 10/15 09 /IN RE: PLFFS PETITION FOR SPECIAL RELIEF -HBYRMNL EBERDTUJRDJF~ COPIES/MAILED110/16%p9S CONTINUED GENERALLY ------------------------------------------------------------------- 11/16/2009 MOTION TO WITHDRAW AS COUNSEL - BY BENJAMIN R YOFFEE ATTY FOR DEFT ------------------------------------------------------------------- 11/19/2009 ORDER OF COURT - 11/19/09 IN RE: MOTION TO WITHDRAW AS COUNSEL - PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2009-01667 KEEFAUVER LAWRENCE E (vs) MIKUS-KEEFAUVER JOANNE LINDA Reference No... Filed......... 3/17/2009 Case Type.....: COMPLAINT - DIVORCE Time...... 11:25 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: UPON RELATION OF BENJAIM R YOFFEE ESQ ATTY FOR DEFT - THIS COURT HEREBY GRANTS HIM LEAVE TO WITHDRAW - BY M L EBERT JR J - COPIES MAILED 11/19/09 ------------------------------------------------------------------- 11/23/2009 PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT - BY JOSPEH D CARACIOLO ATTY FOR PETITIONER ------------------------------------------------------------------- 11/30/2009 PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFT - BY LESLEY J BEAM ESQ ------------------------------------------------------------------- 11/30/2009 ORDER OF COURT - 11/25 09 IN RE: PLFFS PETITION TO ENFORCE PROPERTY SETTLEMENT AG EEMENT - HEARING IS SCHEDULED FOR 2/510 AT 1:30 PM IN CR2 CUMBERLAND COUNTY COURTHOUSE - BY M L EBERT J J - COPIES MAILED 11/30/09 ------------------------------------------------------------------- 12/03/2009 CERTIFICATE OF SERVICE - PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT UPON DEFT - BY JOSEPH D CARACIOLO ATTY FOR PLFF ------------------------------------------------------------------- 12/04/2009 PRAECIPE FOR WITHDRAWAL OF APPEARANCE FOR DEFT - BY BENJAMIN R YOFFEE ESQ ------------------------------------------------------------------- 12/29/2009 ANSWER AND NEW MATTER TO PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT - BY LESLEY J BEAM ATTY FOR DEFT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r 2/08/2010 ORDER OF COURT - 2 5 10 - THIS BEING THE TIME AND PLACE SET FOR A HEARING ON PLFFS PETITION TO ENFORCE A PROPERTY SETTLEMENT AGREEMENT AND THE PARTIES HAVING REQUESTING A CONTINUANCE - IT IS HEREBY ORDERED AND DIRECTED THAT THE CONTINUANCE WILL BE GRANTED L EBERTNJROJ THCOPIESTMAILEDL2/8/TOLD ON 3/25/10 AT 9:00 AM - BY M ------------------------------------------------------------------- 3/23/2010 MOTION TO QUASH SUBPOENA - BY BENJAMIN R YOFFEE ATTY FOR PLFF ------------------------------------------------------------------- 3/23/2010 AMENDED NEW MATTER AND COUNTER PETITION FOR SPECIAL RELIEF TO PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT - BY LESLEY J BEAM ATTY FOR DEFT ------------------------------------------------------------------- 3/24/2010 MOTION TO QUASH SUBPOENA TO ATTEND AND TESTIFY - BY LESLEY J BEAM ATTY FOR DEFT ------------------------------------------------------------------- 3/24/2010 ORDER - 324/10 IN RE: MOTION TO QUASH SUBPOENA - IT IS HEREBY ORDERED THHAAT PLFFS SUBPOENA IS VACATED AND QUASHED - BY M L EBERT JR J - COPIES MAILED 3/24/10 ------------------------------------------------------------------- 3/25/2010 ORDER OF COURT - DATED 3L25~10 - IN//RE PETITION TO ENFORCE FORPSPECIALTRELIEFTFILEDEE4/17/09/23BY9MALDEBERTNJRFJ's COPIESON PERSONALLY GIVEN 3/25/10 ------------------------------------------------------------------- 5/04/2010 PETITION REQUESTING WITHDRAWAL AS COUNSEL - BY LESLEY J BEAM ATTY FOR DEFT ------------------------------------------------------------------- 5/07/2010 INTERIM ORDER OF COURT - 5/6 10 - IN RE: SUPPORT MASTERS REPORT AND RECOMMENDATION - BY M L BERT JR J ------------------------------------------------------------------- 5/07/2010 INDEX OF EXHIBITS ------------------------------------------------------------------- 5/11/2010 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT - DATED 5/11/10 - BY M L EBERT JR J ------------------------------------------------------------------- 5/11/2010 ORDER OF COURT - 5/6 10 IN RE: PETITION REQEUSTING WITHDRAWAL AS COUNSEL - IT IS ORDE ED AND DECREED THAT SAID LAW FIRM IS SHALL BE PERMITTED TO WITHDRAW AS COUNSEL FOR DEFT - BY M L EBERT JR J - COPIES MAILED 5/11/10 ------------------------------------------------------------------- 5/18/2010 PRAECIPE TO WITHDRAW AS COUNSEL FOR DEFT - BY LESLEY J BEAM ESQ ------------------------------------------------------------------- 6/02/2010 ORDER OF COURT - 6/2/10 IN RE: APL - BY M L EBERT JR J PYS511 Cumberland County Prothonotary's Office Page 3 . Civil Case Print 2009-01667 KEEFAWER LAWRENCE E (vs) MIKUS-KEEFAWER JOANNE LINDA Reference No..: Filed........: 3/17/2009 Case Tyyppe.....: COMPLAINT - DIVORCE Time.........: 11:25 Judgmenb......: .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: 6/09/2010 ORDER OF COURT - 6 3 10 IN RE: SUPPORT MASTERS REPORT AND RECOMMENDATION - BY ALBERT H MASLAND J ------------------------------------------------------------------- 6/11/2010 TRANSCRIPT OF PROCEEDINGS - BY MICHAEL R RUNDLE SUPPORT MASTER ------------------------------------------------------------------- 6/17/2010 PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES - BY JOSEPH D CARACIOLO ATTY FOR PLFF ---------------------//--------------------------------------------- 6/22/2010 ONDTERROGATORIES -6BY2M1L EBERT~JRLJFS COPIES MAILEDP6/2A2.N/10ERS TO ------------------------------------------------------------------- 6/28/2010 SECOND PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE - BY JOSEPH D CARACIOLO ATTY FOR PETITIONER ------------------------------------------------------------------- 6/30/2010 ORDER OF COURT - 6/30/10 IN RE: SECOND PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE - EMERGENCY HEARING ON THE PETITION WILL BE HELD ON 7/12L10 AT 10:00 AM IN CR2 CUMBERLAND COUNTY COURTHOUSE - BY M L EBEERT JR J - COPIES MAILED 6/30/10 ------------------------------------------------------------------- 7/08/2010 SECOND PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE - BY JOANNE L MIKUS PLFF ------------------------------------------------------------------- 7/12/2010 ORDER OF COURT - 7/12/10 IN RE: PLFFS SECOND PETITION FOR SPECIAL RELIEF DEFTS RESPONSE THERETO AND AFTER ORAL ARGUMENT - THE PETITION IS GRANTED - BY M L EBERT JR J - COPIES MAILED 7/12/10 ------------------------------------------------------------------- 8/20/2010 THIRD PETITION FOR SPECIAL RELIEF AND FOR CONTEMPT - BY JOSEPH D CARACIOLO ATTY FOR PLFF ------------------------------------------------------------------- 8/26/2010 ORDER OF COURT DATED 8-25-10 IN RE RULE IS ISSUED UPON THE DEFENDANT TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED - IF THE PLAINTIFF FILES AN ANSWER TO THIS RULE TO SHOW CAUSE A HEARING WILL BE HELD ON SEPTEMBER 16 2010 AT 8 30 AM IN CR 4 - BY THE COURT M L EBERT JR J - COPIES MAILED 8-26-10 ------------------------------------------------------------------- 9/03/2010 THIRD PETITION FOR SPECIAL RELIEF AND FOR CONTEMPT - BY JOANNE L MIKUS-KEEFAWER PLFF ------------------------------------------------------------------- 9/22/2010 ORDER OF COURT DATED 9-16-10 IN RE PETITION FOR SPECIAL RELIEF - IS **GRANTED** - BY THE COURT M L EBERT JR J - COPIES MAILED 9-22-10 ------------------------------------------------------------------- 10/O1/2010 ORDER OF COURT DATED 10 -1-10 IN RE FOLLOWING BRIEFS AND REQUEST - ARGUMENT IS SCHEDULED FOR OCTOBER 11 2010 AT 11 AM IN CR 5 - BY THE COURT ALBERT H MASLAND J - COPIES MAILED - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Be*q Bal P~rmts/Ad~ End Bal ******************************** ******** ****** ******************************* DIVORCE 55.00 55.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 8.00 8.00 .00 MASTER'S FEE 250.00 250.00 .00 DIV PA SURCHG 10.00 10.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 ADD'L COUNTS 16.00 16.00 .00 JCP FEE 10.00 10.00 .00 ADD'L COUNTS 16.00 16.00 .00 JCP FEE 10.00 10.00 .00 ADD'L COUNTS 16.00 16.00 .00 JCP FEE 10.00 10.00 .00 SUBPOENA 3.00 - 3.00 ---------- --- .00 --------- ------------- 419.50 419.50 .00 PYS511 Cumberland County Prothonotary's Office Page 4 . Civil Case Print 2009-01667 KEEFAUVER LAWRENCE E (vs) MIKUS-KEEFAUVER JOANNE LINDA Reference No... Filed......... 3/17/2009 Case Type.....: COMPLAINT - DIVORCE Time...... 11:25 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** * End of Case Information * ******************************************************************************** TRUE comer FROM R~coRo M ~umo~n- wn.~.o~ ~ n«. un~..e my ~e .~a u~. s~d..a oowt cawM. . _.~ ~°~~~ ~. ~63avoy~~ April 6, 2x04 Clarification of Agreement .Prior to Marriage There is a need to be specific about monetary belongings and other issues so that major concerns that are important to clarify are taken care of and NO disagreement exists between. myself and Jo Anne. Our joint account at PNC bank is actually just hers , I make no claim to any of that money now or in the future. The only accounts I would hope to divide up if there was a seperation or ending of the relationship would be ones that are in both .. names. .:... _.. _ . I am aware of Jo Anne's abusive past and am quite concerned with her well being both emotionally and physically. 'T'herefore, if there would be ANY time that I would hurt her in ANY way I would release all my possessions and assetts to her as a source of compensation. That would include the property, and my 401 K allocation. I feel completely responsible for my actions and want her to feel secure, safe, and taken care o£ This is my way of showing her that. It is my decision and hope to never have to abide by it. Larry Keefauver No. 2307 P. 2 A~ r. 10. 2009 10: 23AM FINAL PRCIT~:CTION IN T[iE COURT OF COMMON PLEAS OE FROM AlitISE ORDER CUMBERLAND COUNTY, PENNSYLVANIA ~Extencicd C)rdcr[~ Amended Ondzr• N0. 2009-j101. 1. 1~it^st Middle Last SutSx Plaintiff nOI3 Name(s) of Al! protccttti persons, inciudirtl; minor chiitUren and nOI3. JoAnne I.itada Miicus•Iteelawer 4/3Q/1957 V. First Middle Lase Dcfcndttnt's Address: 282 Waltoa Street 3.rmeyne PA 171)43 CA UT1UN: Weapon Involved Weapon Present on the Propecry Weapon Qrdcrecl Re[inquist>ati Saffix DEFENDANT I!?EN9'Il±'I)~:RS note 1iN14/l961 HEICixT ~~. I SGX Male WEIGHT 27_4 RACL tiAIIi White EYES Brown ]i!s-r3c 5SN 375.411-6915 nluvr•.tts LICENSE # LXP UATE STATE PA The Court Qereby Fincls:'1'hat it has juristlicdon over the panics and subject matter, and the Defendatu wilt bt: provided with t+easonablc ncnicc and oppgrtunity to t)e tlcard. 1'he Court Hereby Orders: DeCcndaat shatl not aExtse, ilaracs, stalk or thretttcn any of the above Zxrstxls in any place wharf t3sey might be found. Defendant shall not contact I'laintift', or any other person pmtet:tcd under this order, by iriephone or by ally other tnean~, including through third persons. Additional futdings nC this onier art; sec forth below. t?rder h;Qective ll>il~e March 5, 2009 Order ExQicutiait Dste March S, 201 i NOTIt::r TO THE DEFENDANT VtO1.Aylr)N OtT THIS ORDER MAY RESUI: f iN YOCIR ARttEST ON THE t.'FIARt:E OF INDIRECT CRIMINAL C'ON'I7?AlPT WHICH tS PUNISHAB4E B Y A PIN4T OF t1P?O S 1,000 ANOfOR A IAII. S!•;NTENCE OF UP TO SIX MC)NITiS. 23 PA.C.SA. §bl 14. VIOLATION MAY Al SO SLiBiEGT YUU TO PROSk4tJTRNd AND C7tUdINAL pENALTIHS UNL)F,'R TAIi PENNSYLVANIA CkiMES CODE. A YIO[.ATION OF THIS ORDER MAY RES'UI-T IN TML' REVCICATIAN OF 17fE SAhT:tffisi'ING Pt?IiMiT. wHICN WII1 NL•QUINLTHE IMMEU[ATE KCLIIY(1UISHMENT OF Yt~UR AIItP.A1tM5, 011iER QYL'APONS AND AMMUNITION TO THt: SHT1ttfP. Pt,AIiQ7`II•'P'S CONSENT"t0 CONTAC[' AY DF:t'ENTDANT Si•tAt.L NOT INVAI.Cr)ATEII!!S ORt)L•R Wt1ICH (:AN ONt.Y Bfi MODIFn 1T BY I•'URTfitxt ORO~t OF t;."G[IRI'. 2S Pt.C.5.A. § 6t09{~. TNtS ORDI+R I,S t;2~lPORCL• ABI.1; IN A1.4 FIFTY (SO) S'fA7ES. IIIE DISTRIC'T' OF C(1LUMSIA, TRIBAL LANpS. i1.S. 7'PRRITORII;S ANq THt? COMMONWEAL:IU OF 1'UERTA RICO bNDfiR'IIlB VtOLENCR AGAINST WOMEN ALT. IR U.S.C. ¢2265.11= YOU TNAV&4 OUTSIDE At' THE STA"rE AND iNIENTIONAI,I.Y Vt(JLATF.'fHIS ORDER. YOU MAY 8E SUBJE(:T TO Fi't)ERA). t~iIM1NAL A1ttK'EEI)1NG.S UNDF.12 THAT ACP. )a U.S.C 342281 21112. IF YOU pOSSI;S$ A 1.7RFARM OR ANY AMMt)NfI'tUN W ttil.E THtS ORDtiR IS TN EFFEI`. T, YOU MAY AE CHARGED wrrt! A tiED1lRAL OIT'FNSI I.rVFN IFTHLS PENNSYLVANIA ORD4R DABS PIOt' L•XPRF.SSLY PRt)HiBrt' YOU bItOM r'OSSESSINO IrIREANklS (ltt AMMUNTITUN. , a us.c 49a2tldtal. #04211-002 717582046)1 Otil10/2Q09 10:29 RECEIVED FROM: 7175064'134 A~ r. 10. 2069 16 : 23AM Plaintiff or Protected Person{s) is/'are: [Xj spouse or former spouse of Defendant (. ] parent of a child with Defendant [ ] current or former sexual or intimate partner with Defendant ( j child of Plaintiff [ ~ child of Defendant j family member related by blood {consanguinity) to Defendant [ '1 family member related by marriage car affinity to Defendant [ j sibling (pcrsazt who shares parenthood) of Defendant Na.2307 P. 3 #~0 3 aa~~s9~- Defendant was served in accordance with Pa. R.C.P. 1934.4 and provided notsce of the time, date and location of the hearing scheduled in this matter. Appearances by Patties and/or Counsel: Piatntft'f appeared personally and is represented by: Grace E. D'Alo Defendant appeared personally and is represented by: Michael Jerominsky ANU NO'W, this 5th Day of March, 2009 the court having jurisdiction over the parties and the subject-matter. it is URT)]~RED, ADJUDGEll anti DECREED as follows: Thi$ order is entered by agreement withoat an admission. 'Without regard as to how the order was entered, this is a Penal artier of court subject to foil enforcement pursuant to the Protection From Abuse Act. Plaintiff's regnes~t for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physics[ force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2• Defendant is completely evicted and excluded from the residence at: 282 Walton Street - _- .. ... ~-. ._ . Lemoyne, PA 17443 As dcsribed below in "tither Yteiief," Defendaat may make weekly visits to the above residence. Reasonable, aon-harassing, non•threalcning communications to schedule and facilitate Defendant's visit.a to the house at 282 Walton Street, Lemoyne, PA 17043 shall not be deemed a violation of this Order. or any other residence where Plaintiff or any other person protected under this order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no M0424-003 7175826401 04/10/2009 10:29 RECEIVED FROM: 7175054'734 Ao r. 10. 2009 10 : 23AM No. 2301 P. 4 right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Defendant is prohibited from having ANY CONTAC'T' with Plaintiff either directly yr indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Defendant shall not contact Plaintiff, either directly or indirectly, or any other person protected under this order, by telephone or by any other mean., including through third perscros. S. The following additional relief is granted as authorized by X610$ of the Act: - Defendant shall not damage, destroy or dispose of in any manner any property owned,~ointly by the parties or solely by the Plaintiff. --Defendant shall be allowed access to the house at 282 Walton Street, Lemoyne, PA ??7043 once a week. This weekly access shall be on Saturdays dnring tlae day and Defendant shall notify Plaintiff on I+~iday of the time he wants to have access. He shall notify .Plaintiff of any personal items be intends to remove from the premises. -l.'laintity shat[ pay Defendant $612.00. nn ~~ first of ev~r~- mo~,to~ ap tp.r to the mnr ~e on the_resldence at__?$2~l~altog nn ril X 11109. The Parties shall share equallj in the cost for the water, sewer and trash associated with the said residence. --Reasonable, non-harassing, non-threatening con2munications by Defendant to inform Plaintiff of any personal items he plans tp remove from the residence will not hC deemed a violation of this Order. 6. A certified espy of this Order shall be provided to the police department where Pl~iintiff resides and any other agency specified hereafter: West Shore itegional PD PSP-Carlisle Bs~rracks 7. All prnvisions of this order shall expire in 2 years an March 5, 20X1, NOTICE TO THE DEI~IYDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON TUE CHARGE OF INDIRECT CRIMllYAL CONTEMPT WHICH IS PUNISHABI,F B'Y A FINE OF L!P TU $I ,000 ANDlOR A JAIL SENTENCE 7175820401 04/20/2009 10:29 RECEIVED FROM: 7175064734 10424-004 Av r. 10. 2Q09 } 0 : 23AM (do.23Q~ P. 5 ~ Q 3ac+ay~i~- OF UP'!'0 SIX MONTHS. 23 PA.C.S.R. §6114. VIOLATION MAY ALSO SUB3ECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE FENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN TFIE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILT. REQUIRE THE 1MMF.DIAT'E RELINQUISHMENT OF YOUR I;IREAR11tIS, OTHF,R WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT' SHALL NOT 1NVA.LII?ATE THIS ORDER WHICH CAN ONLY BE Mt)DIFIF.D BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(8). THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, CI.S.1'ERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER T'I iE VIOLENCE AGAINST WOMEN ACT,1.8 U.S.C. §2265. IF YoU "rRAVE;L OUTSIDE OF TIIE STATE AND INTENTIONALLY VIOLATE THrs ORDER, YOU MAY BE St1BJECT TO FEDERAL CRIMINAL YROCELG'DINGS UNDER TIIA'r AC'T'. ! 8 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS iN EFFECT, YOU M11Y BE CHARGED Wl'1'H A FEDERAL OFTIJNSE EVk:N IF THIS PENNSYLVANIA ORDER DOES NOT E7~PRESSLY PROHIBIT YOU FROM POSSESSING FIItEARMS OR AMMUNITION. ! 8 U.S.C. §922(gj(8). NOTICE TO SH)N;RtI~'F, POI1ICLu/ AND LAW ErIFORCEIV)CENT OFFICIALS The police and sheriff who have jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located, shall enforce this order. The court shall have jurisdiction over any indirect criminal contempt proceeding, either in the county where the violation occurred or where this protective order was entered. An arrest for vialation of paragraphs 1 through 4 of this ardor may be without warrant, based solely on probable cause, whether or not the violation is committed in the presetace of the police or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize al! firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protection order or during prier incidents of abuse and any other firearms in Defendant's possession. The Sheriffof Cumberland County shall maintain possession of the fuearms, other weapons or ammunition until further order of this court. When Defendant is placed under arrest for violation of this order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and sigmed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds far violation of this order are alleged, Defendant shall be arraigned, bond set, if appmprxatc and both parties given notice of the date of the hcarimg. X0424-005 7175620401 04/1012009 10:29 AgCgIVED FA4M: 71?5064734 P.p r. 10. 2009 10:23A~ Nn. 2307 P. 6 ~6J'dC~o~,s,~, B TH Cn T Date Edward E. Guido, Judge entered pursuant to the consent of Plaintiff and Defendant: ~- ~~ --~ n Ann L. Tvtikus-Keefauver Date ia.rry ugen Kcatauvex, D to Plaintiff Defendant G cc E. D'Alo, Date Michael M Jeromi i, Date ~rncy for Pl.ainti f.f Attorney for Defendant MidPenn Legal Services Foreman, roreinan & C;araciaio, PC 401 least Lduther Street .112 Market Street .Carlisle PA 17013 Iiarrisbttrg 1'.4 1.101 istribution to: MidPenn Legal Services, Attorney for Plaintiff Michael M. Jexominski, Attomey for Defendant Faxed and Mailed to P51' .py ~' y < ~ ado ~t t~f 3f~ L~1i `- ~i~~~ ~ C unn~n n~~c ?1?SB?04Q1 04/14/2]09 20:25 ARC'Fr~~~'n FanM• ~a~anas^4A .~ . Apr. 20. 2009 1:10PM No. 3565 P. 2/2 -~a 3~os~s~,, a~° ..,Gauro . ja' .~. ... ~:. ~ .. -~, :, w,asa,o ~ 7 8 2 °_ Y A 7 /:.~:. fit; L~ ~..:%,r .. wNUreertr~n~ rwo nMOVw ~nss co~rw~ ~ ~ w~a- owsa ~:q i302955:~„~/48y3~ 3? 62~'078~ .......~ 0 w '~3 fi 7175820401 04/20/2009 12:13 RBCBIVBD FROM: #0446-002 h.=. L~MOYNE.BOROUGH ~ PRESORTED "::f ::..,FIRST CLASS MAIL !" ~ 510 HERMAN AVENUE SEWER AND RE. ~aE BILL ' ; i I .t::= U.S. POSTAGE PAID i ~ ~;,i LEMOYNE PA 17043 LEMOYNE, RA ' ..f. Address Service Re nested Iti I 4 PERMI7 N0. X04 ~ SERVICE LOCATION; ACCOUNT NU. '"'~ ~:..~ ...__.__. _ .- ._-.--..._. _...._. . __ __.__ . ___-_. _ _ _ __ -- `LAWRENCE KEEFAUVER ~'' 282 WALTON ST 356200 ~,' i .#::_ ._.._ __ _.... _...... __ .. __ . _.._._. ._ _ 911 DERBYSHIRE AVE SEWER SERVICE 04!01!10 TO 06130!10 REFUSE SERVICE 04101/10 TO 06/30/10 ~MECHANICSBURG PA 17055 ' _ ._ __ ._ _. ACCOUNT NO:. VYATER CU. NO CURRENT PREVIOUS 356200 UTILITY READING READING USAGE :CHARGES SEWER 0 0 0 $80.00 -PAY $379.88 BY 06118110 Y " 'REFUSE $40.50 PAY $98.87 AFTER 06/18/10 i. PREV BALANCE ; $259.38 RETURN THIS STUB WITH PAYMENT (}~/ _ _... _ ~ .._ ..-__ Inv#: 446138 531 ~ 1 IF PAID BY 06/18!10 j ~ ~~) ~,Y ~ ~ I~P~l.f9 11i ' ~`' ~ i IF PAID AFTER 06118!10 ? PAY $398.87 ~ ~Md~~~l~l~ ~BN~IINMN~I - ~, __ ~. _ _ _ ._.. ~~ ~ LEMOYI~E BOROUGH ~ 5'16 HERMAN AVENUE SEWER AND REFUSE BILI. ~V ~ LEMOYNE PA 17043 =.~ ~ 1 w SERVICE LOCATION: ACCOUNT NO. - ,... 282 Walton St. 356200 JoAnne Mikus-Keefauver SEWER SERVICE TO 282 Walton St. ~M S 4/1/10 6/30/10 REFUSE SERVICE TO Lemoyne, PA 17043 ~-~ _.4/_1/1:0 _ 6/30/10 _ . ., - _ ACCOUNT NO: ih'ATFR CC1. NO. UTILITY ':CHARGES sEVV1=R 80.00 ~ ,PAY 379.88 B~ 6/ 18/ 10 REFUSE 40.50 ~PAti" 398.87 AFTER6/18/10 PREV BALANCE ' 259.38 RETURN THIS STUB WITH PAYMENT IF PAID BY 6/18/10 PAY 379.88 IF PAID AFTER 6 / 18 / 10 PAY 398.87 THE BOROUGH OF LEMOYNE Dear Mrs. Keefauver: Enclosed is the sewer and refuse bill for 282 Walton S'~reet Mme:°"Keefayi~ivter in~grmed the Borough that you are now responsible for the utility bill. Please call if you have any questions. Sincerely, Gretchen Stanley 737-6843 31. By way of summary, Caraciolo and Yoffee exchanged a series of letters in this matter, beginning in July of 2009 and continuing for a number of months, with different proposals for certain essential terms of an agreement contained in each. 32. No letter of settlement was sent by either party that contained a comprehensive list of terms for resolution including the exchange of real estate, refinancing, payment of alimony, ownership of vehicles and other personal property, status on the PFA, responsibility for debt, or inclusion of payment for tax purpose.. No letter was sent that accepted a comprehensive list such as described above. 33. Essential terms to the resolution of the matter, including time frames for refinancing of the marital residence and distribution of certain items of personal property were clearly lacking. 34. All letters of negotiation provided by counsel 'for Wife stated that a complete agreement and contract would be contingent upon approval and execution of a written settlement agreement, which approval was never given and which execution was never achieved. 35. Notwithstanding the clear lack of an agreement, given the lack of a meeting of the minds, Husband has attempted to push execution of his proposed draft of a settlement, and has gone so far as to file a petition to enforce his version of the proposed settlement, which is not a final agreement representing a meeting of the minds. 36. Wife has already asked Husband to resume the litigation process by the serving of Interrogatories and a Request for Production of Documents upon him on January 20, 2010, which discovery has remained unanswered at the time of the filing of this Amended New Matter. 2 37. Although the lack of an agreement is unequivocal, Husband has filed a Petition for Enforcement, which, by necessity, has forced Wife to file an Answer thereto. 38. Wife has incurred counsel fees in having to defend against Husband's petition, despite the fact that the background facts establish that the parties never reached a meeting on the mind of all essential terms of an agreement, and specifically premised the finalization of an agreement upon reduction of the contemplated terms to a written instrument, which never occurred. 39. Wife believes, and therefore avers, that Husband's act of filing the ~ instant petition, which has no basis or foundation, constitutes vexatious behavior entitling Wife to an award of counsel fees under § 2503(7) of the Judicial Code. 40. Wife has incurred significant counsel fees as a result of Husband's action. Up to the erid of February, Wife has incurred approximately 13.07 hours of legal work and $2,287.25 in legal fees for research, drafting of a responsive pleading, and preparation for and attendance at the first court hearing. 41. Wife has incurred and will incur additional legal fees in the month of March for the drafting of an additional responsive pleading and preparation for and attendance at a second court hearing. 42. At the time of the.~second hearing, scheduled for March 25, 2010 at 9 am, Wife will be able to inform the Court of the total fees incurred as a result of Husband's filing. WHEREFORE, Defendant Wife respectfully requests this Honorable Court enter an Order (1) denying Plaintiff Husband's Petition and (2) granting Defendant Wife's New Matter in the form of an award of counsel fees incurred in connection with this matter, which award shall 3 total $2,287.25 plus all fees incurred for the month of March in defense against Plaintiff Husband's Petition to Enforce Property Settlement Agreement. COUNTER-PETITION FOR SPECIAL RELIEF 43. Paragraphs 1 through 29 of the Answer and New Matter to Petition to Enforce Property Settlement Agreement, filed December 29, 2009, and the prior paragraphs of this Amended New Matter and Counter=Petition are hereby incorporated by reference as though fully set forth herein. 44. Since the parties' separation, Wife has occupied the marital residence at 282 Walton Street, Lemoyne, Pennsylvania 17043. 45. The residence is jointly titled in the names of Husband and Wife. 46. The residence is encumbered by a mortgage at Countrywide in Husband's name only (hereinafter the "mortgage"), with a monthly payment of approximately $945 per month for principal, interest and escrow. 47. The residence is also encumbered with a home equity ~ line of credit at Countrywide in Husband's name only (hereinafter "HELOC"), with a monthly payment of approximately $300 per month for the principal and interest. . 48. Husband was evicted and excluded from the residence by a Protection from Abuse Order (hereinafter "PFA Order") entered without admission on March 5, 2009. At the time of the entry of that Order, Wife agreed to pay $612 per month to Husband as her contribution to the debt on the residence, and the parties were to share equally in the payment of the water, sewer and trash bills. 4 49. For the last -three months at least, Husband has refused to deposit the checks which have been written to him as required under the PFA Order by Wife, and refuses to make payment of the mortgage and HELOC in his name alone. 50. Husband has indicated that he has no intention of depositing the checks from Wife regardless of the possible implications of nonpayment of the mortgage. 51. Husband's actions are threatening foreclosure of the marital residence, a significant marital asset of the parties. Initiation of foreclosure proceedings by Countrywide against the residence for nonpayment of the mortgage and HELOC is expected at any time.. 52. Husband has indicated that he has no intention of making payment, and has informed Wife that she should make her payment directly to Countrywide, despite the fact that the PFA Order mandates that Wife must make her $612 payment to Husband. • 53. Husband has the ability to make payment on his debt, preventing the home from going into foreclosure, and preserving the value of the residence as a significant asset in the estate. 54. Wife does not have the ability at this time to make payment of the full amount of the mortgage and HELOC on the residence, nor does Wife wish to stand in contempt of an Order of Court for failing to make payment directly to Husband. 55. Wife requests that this Honorable Court enter an Order requiring Husband to make payment of all monies currently due to Countrywide for payment of the mortgage and HELOC immediately. 56. Wife requests that this Honorable Court enter an Order directing Husband to continue to make timely and full payment of the mortgage and HELOC to Countrywide until 5 such time as the matter is settled by either agreement of the parties, recommendation of the Divorce Master to which no exceptions are timely filed, or further order of court. 57. Wife requests that this Honorable Court enter an Order amending the PFA Order which was issued on March 5, 2009 by removing the language in Paragraph 5 of this Order which permitted visitation of the residence by Husband, required direct payment of $612 per month from Wife to Husband, and required division of the bills of the residence. Removal of this language will ensure that the financial affairs of the parties are handled through the procedures designed by law for the handling of all fiscal matters of a party in the midst of a divorce. 58. Wife will continue to make contribution toward the payment of~the mortgage and HELOC as anticipated in the PFA Order, until such time as the matter is settled by either agreement of the parties, recommendation of the Divorce Master to which no exceptions are timely filed, or further order of court. 59. This Court has the authority to do so under 23 Pa. C.S. § 3323(f), as "the court .. . may issue injunctions or other orders which are necessary to protect the interests of the parties . . and may grant such other relief or remedy as equity and ;847;847justice require." 23 Pa.C.S. § 3323(f) (2010). WHEREFORE, Wife respectfully requests that this Honorable Court issue an Order that (1) requires Husband to make payment of all monies currently due to Countrywide for payment of the mortgage and HELOC immediately, (2) directs Husband to continue to make timely and full payment of the mortgage and HELOC to Countrywide until such time as the matter is settled by either agreement of the parties, recommendation of the Divorce Master to which no 6 exceptions are timely filed, or further order of Court, and (3) amends the PFA Order by striking all additional relief provided for in Paragraph 5 of the Order. Respectfully Submitted, ,. ~. Dated: ~ c~~ ~.. b % ~` ~ L sl J Be ,Esq. T EY I.D. 91175 HOWETT, KISSINGER &.HOLST, P.C. P.O. Box 810 Harrisburg, PA 17108 (717) 234-2616 Counsel for Defendant, JoAnne L. Mikus-Keefauver 7 July 21, 2010 BAC ROME LOANS SERVICING, LP Plaintiff v. LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2851-CIVIL CUMBERLAND COUNTY Owner(s): LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER Property: 282 WALTON STREET LEMOYNE, PA 17043-2024 Improvements: Residential dwelling Judgment amount: $106,694.05 The above-captioned property is scheduled to be sold at the CUMBERLAND County Sheriffs Sale on 12/08/2010 in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 at 10:00 AM. Our records indicate that you may hold a mortgage or judgment on the property which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriffnot later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. , If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY-as we are not permitted to give you legal advice. (Rule of Civil Procedure No. 236) -Revised BAC HOME LOANS SERVICING, LP CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS LAWRENCE E. KEEFAUVER A/K/A CIVII., DIVISION LAWRENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER No.10-2851-CIVII. Notice is given that a Judgment in the above captioned matter has been entered against you on (D ` ~ ~' ~ d 1a By: If you have any questions concerning this matter please contact: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. b2695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ JudithfT. Romano, Esq., Id. No. 58745 ^ She 1 R. Shah-Jani, Esq., Id. No. 81760 ^ ine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq.,. Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 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 YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE INBANSRUPTCY, THIS IS NOT AND SHOULD. NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA ~IENAGAINST PROPERTY. ** !Y~r~ ~bio BAC HOME LOANS SERVICING, LP v. Plaintiff LAWRENCE E. KEEFAUVER, A/K/A LAURENCE E. KEEFALTVER JO ANNE MIKUS-KEEFAUVER Defendant(s) TO: JO ANNE MIKUS-KEEFAWER 282 WALTON STREET LEMOYNE, PA 17043-2024 DATE OF NOTICE: May 28, 2010 n ~~ D7/~. ail ~_ 5~ 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 ~'OU I-IAVE FAILED TU ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENS CTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITH EN DAYS OM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST A 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 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT OF COMMON PLEAS CNIL DTVISON NO. 10-2851-CIVIL CUMBERLAND COUNTY PHS ~# 233559 ~ ~ s 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 (717) 249-3166 B C~D~ ~-C Y~ Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 J~ B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ass- ~ 3 _ ~~ PHS # 233559 To: I3anlc of America lam: Mortgages nn 2R2 VV'alton Street, Lemoyne, PA l?(143 Date: April l:i, 2410 p.01 y Regarding thr I'ulluwing mortgage accounts: 032004592 - Primary Mortgage; and - - 023667246 NELOC. -!'lease rctnovc my name, Lawrence E. Keefauver, from the decd acid morigagr of'these accounts regarding the property located at 282 Walton Street, I.crnoyne;, PA, Parcel ilk#] 2220822284, It is my understandinb that my soon-tc•~-be ex-wife, Jo A,nnc Mikus, hati requested and was granted the opportunity to refinance die loans in her naroc far tiaid property. if you need further clarification, my ce:l] Phase nutubcr is 7I7-5741809. • Thank you, Lawrence ~. Keefauver i~ w ~1~, ~~~ ,~~~1 b~ ~bS,52~~ bk~„~ ~~e~ ~,, - ~7y ioa ~ ~~1 EggIBIT ~~' 10/14/2009 13;43 71758c0401 ~ ., • October 14, 2049 LSW UIL1ce oL 598n Yott9r ~vyyy r.uuc /uu~ Law Office of BENJAM YOFF~~ ATTORIv~,Y & CO SELOR AT LAW %~ Mr. Joseph D. earaeiolo, Esquire 112 Market Street 6s` Floor Veteran's Building . Attorney Caraciolo: Pursuant to our conYersa~tion, Ms. Mikes- Keefauver is putting fourth a cotutter offeF in an attempt io resolve this Divorce issue. Ms. Mikes- Keefa~uver is willing $5000.00 to Mr eefauver is exchange for his relinquishment of mffiital interest .Mikes-Keefauver will agree to refinance the propezty into her name anal will work diligently to accomplish this end. I am unwilling to commit her to a 94 day time frame. My client needs the opporttmity to expeditiously research the process and find an appropriate Iendet. Only at that time can. we commit to a firm. time period. However, we agree the time fiauze should be reasonable. Additionally, Ms. l4iikusrKeefauver is wilting to allow Mr. Keefauver the opportunity to deduct the mortgage in. tax year 2009 ~v ~-~t3 , Nix: Keefauver agree to pay alimony in the amvuttt of $225.00 per moath for a period of twenty- momhs beginning thirty days after the sigaing of the Marriage Settlement Agreement and continuung monthly thereafter. With xegard to the cohlpuber Ms. Miku4-Keefauver would Ike to allow her computer expert to reexatmine the hard drive. If the expert is able to recover the infornnation my client will provide this to Mr. Keefauver. If the expect is not able to recover the information than Mr. Keefauver may take the computer to Best Buy. If Best Buy is able to recover the hard drive in total, including Mts. Keefauver and her children's data my client is willing to pay for half of tl~t bill. .Mr_ Keefttuver may be aaxious to resolve his Divorce. However, we ate prepared to argue that his cotctra~val obligation under the Protection Fmm Abuse Order is binding_ It would appear tv me that the parties are very close to reaching an agreement I would suggest the xisk of losing at a hearing for Mr. Keefaziver is far greater than additioaQal time to h~+mmer out this agreement. This settlement offer is contingent vm review and approval of specific language of a Mazxiage Settlement Agreement in confarmity herewith,. Please respond with your client's position. Sincerely, ~~ Benjautin Yoffee, .Esquire P.O. Box 216 + Camp Hitt, PA I7a01-OZ16 * Phone: (7l'~ 497-1021 • Fax: , _ ' ~rmail: 6enjaminGaryo$ee.net 10/22/2009 13:17 7175820401 • Law Office of Sean Potter #1032 P.002 /002 Law O~'ice of BENJ Y~FFEE ATTORNEY & CO SELOR AT LAW ~Z~3~oa~,-~ ~- October 22, aoo~ Nh. Joscph D. Caraciolo, Esquire 112 NtR~rlcet Street 6'~ Floor Veterans Building Attorney Caraciolo: I have reviewed the proposed settlcment agreemcnt with my client. We arc proposing the following }anguagc adjustments lx made: First, that wife be given 48 months to ref Hance the property and that if she should miss (3) tlmoe consecutive payments that the property be sold with wife listed as the agent. You may crag an indeuwification clause. Second, that husband is to pay wife $5,000 for transferring title of Durango to his name. Third, that a list be provided of any household fi~naishi~gs that husband sball ant to be approved by both parties. Fourth, that recovery of lost data include that all data. must be recovered and returned to wife and children. ~/ ~~~~~ ~ ~~ i Cu''~ -~. I~~~P~~ ~~~ it -e1~ Please review the above proposal in language with your clicnt. I will expeditiously / __ review the changes with my client for approval once another draft is received ~~ ~J~'~' Sincerely, ~~~ Benjamin Yoffee Attorney at Law awl ~4J{ P.O. Boz 216 • Camp Hill, PA 17001-0216 • Phone: (717) 497-1021 • Fare: ~ • E-mail: benjamin@yoffee.net F •. JOHN C. HOwRTT. JR. DONALD T. KICSTNCrT:R UARREN 1. HOL5T LESLEY J. I3C:AM DRRRA M. $H1Mp Legal Assistant Ms. JoAnne L. Miku.s-I~eefauver 282 Walton Street Lemoyne, PA 17043 11pri1 16, 2010 Re: Kee, fauver v. Mikes Keefuuver Dear JoAnne: (717) 2?4-2616 FAX (717) 234••Sdg2 I am still. looking for documentation a value of your estate, and subsequently, enable us to begin settlement ne 'ations. At present, meat deal oaf information is still outstandin from. Attorney Caraciolo, however I am still waiting on a statement of your Piiarl.acle 403 ~ ~ account as~ o e ~ ate o marriage if it cxis a (which I don't believe to be the case) and the date of sepazation. ~f~ ~~ f- I also need to know what the status is with regard to th.e house, whether you were able to get approval for refinancing, what listing price you have selected, whether you axe able to make payments towards the mortgage, and whether you received any authorization directly from Larry to enable you to communicate with the mortgage lender. To dam, I still have not received an _Caxac' lo. eazly, I need to ensure t$at you are able to company if you still have not been able to do so. nn.ortgage Once I have received that informatio><Z, .T, would like to bring you in to sit down and discuss what sort of offer we want to put on the table_ As you are aware there is a support bearing conung up, and Y would like to see if the matter can be resolved prior to that heating. Enclosed please i:znd a blank Income and Expense Statement. I need you to fzl.l in the statement as thoroughly aS possible and return it to TSle at least one week prior t0 your support hearing. At that time, I will also need your 2009 tax return, 2009 W-2, and as many of your last six months of pay stubs that .you can assemble. Feel &ee to contact me witlh. any questions or concerns you might have. X look forward to speaking with you in the future. ~eam LAW OFncES OF .,~• HOWETT, ~SS)(NG)ER & ~OLST, PC. 130 wAr_.NUr $TRJ;F,T POST OFkICE BOX 810 HARRISBVRO. FENNSYLYANin 1710/z L.TB/glg Enclosure ~ • i / 4 EXHIBIT "~" ~ '' Phone: Ms. JoAnne L. Mikus 282 Walton Street .Lemoyne, PA 17443 RE: FAMILY LAW MATTERS Date Services Mar-17-10 Spoke with Ben Yoffee re his taking the stand as a witness and attorney/client privilege; prepared argument for petition and researched possible issues with argument. Mar-19-10 Began drafting pleadings against Petition for Enforcement; e-mailed Joe Caraciolo and called Yoffee re Thursday's hearing; second phone call with Yoffee on subpoena; e-mailed client regarding hearing, filing of additional pleadings and fmal information needed from client; received a-mail from Joe regarding subpoena; reviewed final documents; worked on computation of estate. Mar-21-10 Received a-mail from client regarding court dates and drafted and sent two a-mails to her in response. Mar-22-10 Drafted Amended New_ Matter..... and Counter- __ Petition for Special Relief; reviewed and revised document; prepared for filing. Instructions from Lesley; calls (msgs) to Attorney Caraciolo's secretary and Mike Rundle's secretary re continuance of 3/31/10; calls back from their secretaries; memo to file. Howett, Kissinger & Holst, P. C., 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108-0810 (717) 234-2616 Fax: (717) 234-5402 April 1, 2010 Inv #: 15393 File #: 7326-001 Professional LJB LJB LJB _ IJB DMS • W ~ Mar-23-10 Received a-mail from yesterday re pleading LJB questions; in-person filed Amended New Matter and Counter-Petition at Cumberland County Courthouse; drafted letter to opposing counsel with filed documents; called and e-mailed client re moving support hearing and answering questions; phone call to Caraciolo; phone call to client; drafted letter to Master Rundle. Drafted letter to opposing counsel re value of estate LJB and information still outstanding. Drafted Motion to Quash Subpoenas. LJB Mar-24-10 Received Order on Motion to Quash Subpoena and LJB continued preparations for hearing tomorrow. Mar-25-10 Attended hearing on Petition for Contempt and' LJB Special Relief; spoke with client and opposing counsel regarding additional information needed. Maz-26-10 Received order rescheduling hearing and drafted LJB letter to client with order. Mar-29-10 Received a-mail from client regazding order for LJB refinancing and sale; drafted and sent a-mail in response. Maz-30-10 Received message from client; drafted and sent e- LJB mail to client. Maz-31-10 Drafted- and sent letter to Attorney Cazaciolo re LJB mortgage company, realtor and discovery. Totals 18.90 $3,287.50 CURRENT FEES AND DISBURSEMENTS $3,287.50 Previous Balance _ _ _ $0.00..... Previous Payments $0.00 Paid from Escrow ~ $0.00 Total Due $3,287.50 REPLENISH ESCROW $1,712.50 BALANCE NOW DUE ~ $5,000.00 THE FIRM NOW ACCEPTS 1~-STERCARD AND VISA. IF YOU WOULD PREFER TO UTILIZE THIS PAYMENT METHOD, PLEASE. CALL WITH YOUR CREDIT CARD INFORMATION AND VERBAL AUTHORIZATION. THANtt YOU! ~. t JOANNE LINDA MJKUS-KEEFAUVER, ~ IN THE. COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v : No. 09 - 1667 LAWRENCE E. KEEFAUVER, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am ths_day_ serving a.. copy of the foregoing Petition for Special Relief upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same postage prepaid, first class mail, addressed as follows: - Joseph D. Caraciolo, Esquire ~ ' 112 Market Street, Sixth Floor, Hamsburg, P.A 17101 ... Respectfully submitted, -. ,,.. . ,. ~~ - Date: ~~ _ ~~i~~ - JoAnne Linda Mikes-Keefauver i 282 Walton Street, Lemoyne, PA 1704 Karen Reid Bramblett, Esq. Prothonotary Milan K, Mrkobrad, Esq. Deputy Prothonotary Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: JoAnne Linda Milkus-Keefauver Appellant V. Lawrence E. Keefauver 1730 MDA 2010 Trial Court Docket No: 09-1667 Dear October 22, 2010 Middle District Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106.2435 (717) 772-1294 www. supe rior. court. state. pa. us ,,,, c-. n,.l ~~ ~ ~ ~ ~ n ~ 1 ~ ~ ~~,,r~ ~ y \ "'" / ~ a V ~ r~ -s '°~~~ ~J ~ ~ F wG.. ~ -~=. Y ~ V .. ~_~af .~ ~ ~~ ""°1 ~ -~' ~: ~: Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Respectfully, Milan K. Mrkobrad, Esq. Deputy Prothonotary /wjt Enclosure 2:45 P.M. Appeal Docket Sheet Docket Number: 1730 MDA 2010 Page 1 of 2 October 22, 2010 JoAnne Linda Milkus-Keefauver Appellant v. Lawrence E. Keefauver Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: October 22, 2010 Journal Number: Case Category: Civil CONS4LlDATED CASES CAPTION CASE IN1rORMATION Superior Court of Pennsylvania Secure Awaiting Original Record Case Type(s): Divorce RELATED CASES SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Due Date: November 5, 2010 Next Event Type: Original Record Received Next Event Due Date: December 20, 2010 CdUNSEL lhIPORMATifJN Appellant Milkus-Keefauver, JoAnne Linda Pro Se: Yes Appoint Counsel Status: Not Represented IFP Status: No Pro Se: Milkus-Keefauver, JoAnne Linda Address: 282 Walton Street Lemoyne, PA 17043 Phone No: Receive Mail: Yes Receive EMail: No Fax No: Appellee Keefauver, Lawrence E. Pro Se: No Appoint Counsel Status: Represented lFP Status: No Attorney: Caraciolo, Joseph Dominick Bar No: 090919 Law Firm: Foreman & Caraciolo, P.C. Address: 112 Market Street, 6th Floor Harrisburg, PA 17101 Phone No: (717) 236-9391 Fax No: Receive Mail: Yes Receive EMail: No 2:45 P.M. Appeal Docket Sheet Docket Number: 1730 MDA 2010 Superior Court of Pennsylvania Page 2 of 2 October 22, 2010 Secure FEE INFORMATION Fee Dt Fee Name Fee Amt Receipt Dt Recei t No 10/21/2010 Notice of Appeal p Receipt Amt 73.5010/22/2010 2010-SPR-M-000883 73.50 AGENCY/TRIAL COURT INFORMATION Court Below: Cumberland County Court of Common Plea County: Order Appealed From s Cumberland Division: : September 16 2010 Documents Received: Order Type: , Judicial District: October 22, 2010 Notice of Appeal Filed: Order Entered OTN(s): Lower Ct Docket No(s):09-1667 Lower Ct Judge(s): Ebert, Merle L., Jr. Judge Record Item ORIGINAL RECORD.CONTENT Filed Date Cumberland County Civil Division 09 October 21, 2010 Content Date of Remand of Record: None Filed Date Docket Entry / vctober 22, 2010 Notice of Appeal Docketed DOCKET ENTRY Participant T Appellant October 22, 2010 Docketing Statement Exited (Domestic Relations) BRIEFING SCHEDULE None Filed Milkus-Keefauver, JoAnne Linda Middle District Filing Office FlLED-OFFiCE OF THE PROTHONOTARY 201QOCT 25 PM I~ 36 CUMBERLAND COUNTY LAWRENCE E. KEEFAUVER : IN THE COURT OF COMMON PL~'~t~~YLVANIA RESPONDENT :CUMBERLAND COUNTY, PENNSYLVANIA V. JOANNE LINDA MIKUS-KEEFAUVER, PETITIONER NO. 09-1667 CIVIL ORDER OF COURT AND NOW, this 25th day of October, 2010, the Court being advised that a notice of appeal has been filed in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Petitioner file a concise statement of the errors complained of on appeal on or before November 15, 2010; 2. The Statement shall be filed of record; 3. The Statement shall be served on this Court pursuant to Pa.R.A.P., Rule 1925(b) (1 ); IT IS FURTHER ORDERED AND DIRECTED that any issue not properly included in the Statement shall be deemed waived. By the Court, M. L. Ebert, Jr., J. bas Joseph Caraciolo, Esquire Attorney for Respondent oAnne Linda Mikus-Keefauver Pro Se -Petitioner tseS r~~~ !O a.S'~ld ~~ Vf JO ANNE LINDA MIKUS-KEEFAUVER APPELLANT V. LAWRENCE E KEEFAUVER APPELLEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 091667 CIVIL 1730 MDA 2010 SUPERIOR ?c CONCISE STATEMENT OF MATTERS COMPLAINED OF, C. 5 PQ -70 c?- a' ; AND NOW, this 12th day of November, 2010 the Appellant, Jo Anne Linda Mikus-Keefauver hereby presents her Concise Statement of Matters Complained of, pursuant to the Courts Orders in this matter dated September 16, 2010, July 12 2010, and March 25, 2010. That she was prejudiced by the Courts specific and intentional actions to wit: 1. Allowing a non-professional in Mortgage applications and processing specifically in Foreclosure properties to give their opinion on the length of time to both qualify and process loans between spouses particularly and then to base his decision on their opinion despite the fact that he himself questioned the time frame suggested and still wrote an Order without facts and did not listen to the information given by the Appellant but rather ignored those facts and considered them not credible. 2. Allowing an opinion of a Realtor to be entered into testimony that Appellant feels swayed his thinking concerning the property's condition and also caused a questioning of the Appellant's motives or lack of for selling the property resulting in the harshness in his Order against Appellant. 3. Allowing the Appellee to just return checks that were written by Appellant that were clearly written to pay the mortgage in a timely manner as was the custom up until he decided to violate the PFA for 4 months. Appellee also ignored repeated requests by Attorneys to not withhold payment of the mortgage to no avail. Although the checks were returned to Appellant no information came to Appellant as to what to do and where to send the money along with what condition the financial status was of the property at that time. In effect, Appellant still had no access to direct contact with anyone that could solve this problem. Appellant had to make repeated calls to her Attorney which cost unnecessary monetary amounts because of having no access to the bank or information pertaining to the mortgage. The result of that holding of the checks for the mortgage on the marital home was what put it into Foreclosure and the Appellee was not given obligation or responsibility from the Judge but instead Appellant was made the responsible person with limited resources to solve the problem which presented a tremendous disadvantage. 4. That the court erred in determining the Appellant's claims were without merit when she stated that the bank involved with this mortgage would take more time to resolve this issue and the implication was made there would never be a way to save the home through restructuring the mortgage and the statement was made by the Judge that it was not in the Appellant's best interest to have the house. This was both degrading and humiliating to the Appellant since she was doing everything that the bank suggested to do and felt the Judge truly possessed no accurate information of her financial status to form an opinion of what is in her best interest economically. There was little validity given to the Appellant's attempts to speak and her credibility was questioned and challenged. As a result of her persistent actions with the Bank and continuing to do as directed Appellant was able to stay the marital home from Foreclosure. Despite that fact the Order states that she be removed from the home that she solely protected thereby preserving the marital assets of both Appellant and Appellee. 5. Both attorneys provided inaccurate information to the Judge and affected his ruling in his Order which again was based on non-professional data. If the Order would have been rational and fair based on what Appellant suggested and stated under Oath none of the legal actions or financial hardship would have resulted and the matter would have been resolved concerning the settlement and selling along with saving the marital asset of the Appellant. 6. Appellant feels that the actions of the Judge were unfair and unwarranted as it pertains to Attorney's fees since the accusations filed by Appellee were both baseless and untrue. Combined with the harsh and extreme eviction by November 12,2010 appears to be prejudicial and unnecessary. a ' 7. The fact that the Judge changed his own Orders in relation to the monetary contribution of both Appellant and Appellee seems to show both prejudice and lack of forethought. The financial obligations of the Appellant which was raised on numerous occasions in his presence seems extreme putting her in a state which was already known to be excessive for her income. Additionally, it is not customary to evict the person that is sustaining the property and saved it from Foreclosure only to put it into the same disastrous state by enforcing that same financial disaster to ensue again. The market today is frightfully compromised and the actions that resulted in saving that property should be considered admirable rather than punishable. Mandating that the Appellant needs to move out before the sale of the house would not present a solution of saving the marital assets but rather cause an unnecessary hardship and financial disaster which betrays sound economic reasoning or fairness to Appellant. 8. The fact that full authority for selling the marital home was given to Appellee alone suggests another prejudice. Previously, when directed Appellee did contact a Realtor Susan Donson which was consulted and gave her professional opinion of the situation. Appellant did as stated, however Appellee did not like her assessment of the situation or her professionally advice. As a result of this and his Attorney's legal actions which were self induced he employed another Realtor which has proven to not produce a buyer and if Appellant had not enforced and continued to maintain contact with the Bank and processing of the loan that she was told was not in her best interest to keep it would certainly go into Foreclosure in December. Appellant has displayed honesty, integrity, and insight which has seemed to go unnoticed and been threatened with having to leave the residence she financially saved for both herself and Appellee. There is no sound reason for Appellee who financially saved and maintains this marital asset to be forced to leave until home is sold. Dismissing that action would present sound thinking and economic fortitude. Respectfully, u ?'Zt- Anne Linda Mikus-Keefauver Da e Appellant/ Pro-Se U?4, ?C? -1 6"40c?? kvx? 6A.44-, -14e?4Aev? T U f OV • aAA- /vv 09- 44-7 &bt:z /735 rnJW 6LO10 --V? J,?? 1111a IdOld Al'r v 1 73 C;?IL t Afi 9010 ... . eWh-? /-el e&--, / cow zir& 4za/g4210 I t,/4 ? - F,.s- -Clesf A;1 rA-X ?p ',s j? pie ?/ LAWRENCE E KEEFAUVER RESPONDENT V. JaANNE LINDA MiKUS-KEEFAUVER. PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1867 CIVIL •LNL_. •' a8-i AND NOW, this 2e day of October, 2010, the Court being advised that a notice of appeal has been filed in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that. 1. Petitioner file a concise statement of the errors complained of on appeal on or before November 15, 2010; 2. The Statement shall be filed of record; 3. The Statement shall be served on this Court pursuant to Pa.R.A.P., Rule 1925(b) (1); IT IS FURTHER ORDERED AND DIRECTED that any issue not property included in the Statement shall be deemed waived. By the Court, M. L. Ebert, Jr., Joseph Caraciolo, Esquire Attorney for Respondent JoAnne Linda Mikes-Keefauver Pro Se - Petitioner bas J. /lr?pozd? t5/- f ? _ per-/GG7 C! U? ,t? J,0,2? ??-- tAll '44--t? hc)?L 6 ?-? r`,- a SID -6-0 e?? ? / ??j f i /1P? -60 -yoJI-e- V?/? 4t 4-,? Wv"A-ile- cll?-y fl.- a _?? 010 le' i fl? w l.[0 di Sily;i,die,--. 4?-- A? " J v AslH? 1 .1 LL'4}/?T V , -76C . cl _ 1?k7 No's 1730 dsli ?.d rLla ?Aix jyt arJ r-7 o /D 17n-Ee G'? F„,,?-CIwss All L a f?A-)j ?s /iv ;59c,e, ?Yl?o rt?X A-/o - v All a1v. 09 166 -7 &kt:z 17?b MOW 6L,010 Al? •'. i . J.?? ao a 4 LAWRENCE KEEFAUVER, Plaintiff V JOANNE MIKUS-KEEFAUVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 09-1667 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 16th day of September, 2010, after hearing on Lawrence Keefauver's Petition for Special Relief and contempt, the Court finds the defendant is not in contempt of this Court's Order of July 12, 2010. However, the Plaintiff's, Lawrence Keefauver's, Petition for Special Relief is granted. JoAnn Mikus-Keefauver shall pay attorney's fees in the amount of $1,500.00 and will vacate the home at 282 Walton Street on or before November 12, 2010, unless she is able to totally re-finance the house and settle the matter. By the Court, I* --\, ?, - \ M. L. Ebert, Jr., Joseph Caraciolo, Esquire FFoor the Plaintiff ? JoAnne Mikus-Keefauver, Defendant 282 Walton Street Lemoyne, Pa. :mtf ties r-naAk 4 C7 c r..a CS MW x? rrn -n rn_ -arn cn+" r a -Q? O = r- N (Z <C7 z a =-n Z 0 5: ? M n LAWRENCE E. KEEFAUVER PLAINTIFF V. JoANNE LINDA MIKUS-KEEFAUVER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1667CIVIL ORDER OF COURT AND NOW, this 9th day of December, 2010, upon consideration of Lawrence E. Keefauver's Fourth Petition for Special Relief and Contempt and the Court being in receipt of an Order from the Superior Court of Pennsylvania dated December 6, 2010, quashing JoAnne Linda Mikus-Keefauver's appeal; IT IS HEREBY ORDERED AND DIRECTED that a hearing on the Fourth Petition for Special Relief and Contempt will be held on December 20, 2010 at 1:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, N\?". M. L. Ebert, Jr., J. Joseph D. Caraciolo, Esquire Attorney for Plaintiff Fax: 236-6602 only JoAnne Mikus-Keefauver, Pro Se Fax: 506-4735 only bas o m r?m ? rn-?i ran rr--7 e1 r- x ---I CD =? X- -y((= N C)m ? O -< W -< TRANSMISSION VERIFICATION REPORT TIME 12/09/2010 14:00 NAME FAX TEL SER.* BROJ5J344047 DATE,TIME 12/09 14:00 FAX NO./NAME 95064735 DURATION 00:00:13 PAGE(S) 01 RESULT OK MODE STANDARD ECM LAWRENCE E. KEEFAUVER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JoANNE LINDA MIKUS-KEEFAUVER DEFENDANT . NO. 09-1667CIVIL ORDER OF COURT AND NOW, this 9"' day of December, 2010, upon consideration of Lawrence E. Keefauver's Fourth Petition for Special Relief and Contempt and the Court being in receipt of an Order from the Superior Court of Pennsylvania dated December 6, 2010, quashing JoAnne Linda Mikus-Keefauver's appeal; IT IS HEREBY ORDERED AND DIRECTED that a hearing on the Fourth Petition for Special Relief and Contempt will be held on December 20, 2010 at 1:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Joseph D. Caraciolo, Esquire Attorney for Plaintiff Fax: 236-6602 only M. L. Ebert, Jr., J. 1_ . TRANSMISSION VERIFICATION REPORT TIME 12/0912010 13:59 NAME FAX TEL SER.# BROJ5J344047 DATE,TIME 12109 13:59 FAX NO./NAME 92366602 DURATION 00:00:15 PAGE{S} 01 RESULT OK MODE STANDARD ECM LAWRENCE E. KEEFAUVER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOANNE LINDA MIKUS-KEEFAUVER : DEFENDANT : N0.09-1667CIVIL ORDER OF COURT AND NOW, this 9tI' day of December, 2010, upon consideration of Lawrence E. Keefauver's Fourth Petition for Special Relief and Contempt and the Court being in receipt of an Order from the Superior Court of Pennsylvania dated December 6, 2010, quashing JoAnne Linda Mikus-Keefauver's appeal; IT IS HEREBY ORDERED AND DIRECTED that a hearing on the Fourth Petition for Special Relief and Contempt will be held on December 20, 2010 at 9:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert,' Jr., J. Joseph D. Caraciolo, Esquire Attorney for Plaintiff Fax: 2366602 only LAWRENCE E. KEEFAUVER PLAINTIFF V. JOANNE LINDA MIKUS-KEEFAUVER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1667CIVIL ORDER OF COURT AND NOW, this 20th day of December, 2010, upon consideration of Lawrence Keefauver's 4th Petition for Special Relief and Contempt and after hearing; IT IS HEREBY ORDERED AND DIRECTED that: JoAnne Linda Mikus-Keefauver, will totally vacate the home in question on or before 4:30 p.m. December 21, 2010; 2. The Cumberland County Sheriff is authorized and directed to remove any property still belonging to the Defendant from the home at that time at her expense; 3. The Plaintiff, Lawrence E. Keefauver, is authorized access to this home immediately and will take possession of the home. 4. At the closing on the home in question currently scheduled for December 28, 2010, the Defendant shall be responsible for any additional costs of felts = C: C= necessary to complete the closing that have accrued as a resul eR :? delay/nonpayment of mortgage fee and costs. -<> C° - Cr - AN . r . IT IS FURTHER ORDERED AND DIRECTED that while the Court will not hold the Defendant in civil contempt, the Court does find that the Defendant's actions were willfully dilatory and obdurate in that she failed to comply with this Court's orders to pay the required mortgage payments in full, vacate the home in question, and then filed an improper appeal to the Superior Court which was quashed, accordingly, she is directed to pay attorney's fees to the Plaintiff in the amount of $1,500.00. By the Court, Joseph D. Caraciolo, Esquire Attorney for Plaintiff Fax: 236-6602 oAnne Mikus-Keefauver, Pro Se Fax: 506-4735 Cumberland County Sheriff - 8P. S 14+Mlib bas 0-0 ro ces YY1a1LE1 J?, f a c/rD i of 2 Home Loans Customer Service PO Box 5170 - Simi Valley, CA 9300 -5i76 Billing Cycle 08/01/2010 - 08/31/1010 Account Number 023667246 Property address 282 Walton Street 0 0 3 7 4 8 3 o1 AT a.354 "AUTO T9 06955 17055-3393 H HFAG..1.2.......... 800IN 1 P37557OT001 LAWRENCE E KEEFAUVER;` 105 E Allen St Apt 106 Y._ » F"dQ Mechanicsburg PA 17055-3393 L- i nrlrrllrllllllnllrhltllnlt Illrll111111iirll?lllrllllllrrlll ? ? `? .r. . . . . . . . . . . . . . . . . . . . . . . . . . . . IMPORTANT NOTICE This Statement Includes a Past-Due Amount. Please send a payment immediately. Access to your credit line may be affected while the past-due amount already sent a payment, please accept our thanks, and disregard this notice Make Past-Due Payments a Thing of the Past. PL 14lortgegePay on the Web allows YOU to make your monthly mortgage or Home Equity Line of Credit (HELO : loan navment on-line each month This ,?' ` L? ?s",'_...,• --- `? charge will apply, if ?.. c? during r .11 n, J 60.296-313 874 Homeowne 2cP2rzllo c1b. r" `"•' id by able to non-profit org £ ?:,rltr assist you cc b v, :aring impaired). 6v onal M dr T BANK [ACCOUNT MANUFACTURERS AND TRADERS TRUST COMPANY WEST SHORE PLLA7A OFFICE $117.10 SUMMARY u $154.49 ' t?03 430 295511: 98353 86 211.O8$568.36 a,.d ...,.w $840.55 Days in Cycle 31 (see next page for transaction details) FINANCE CHARGE $117.70 PAYMENT We will credit your account the same day we receive your payment if received on a banking day (nbtincluding Saturday) by 5 p.m. in the time zone where the payment is to be mailed and addressed as shown in the payment coupon. Payments made on your account by check or other non-cash method, will be included in your "Available Credit' 10 days from receipt of payment We may assess a late fee as described in your crgdit agreement Owe do not receive your payment within 15 days of the payment due date. I Accountnumber 023667246 (5) Lawrence E Keefauver 282 Walton Street SEE OTHER SIDE FOR IMPORTANT INFORMATION 6955 BAC Home Loans Servicing, LP PO BOX 15227 WILMINGTON, DE 19886-5227 HOME EQUITY LOAN Payment due Sep 25, 2010 $840.55 A late charge may be assessed 15 days from payment due date. Additional Principal As a reminder, failure to make your minimum payment by dw payment dye date could result is suspension or termination I N/A Illllrlrllrlrllllllrlrlllllllll,llrlrlllrllrlllllirllllrlrlllllll I Check Total 02366724650000008,4055000000000 (, of 2 BankofAmerica Home Loans Customer Service PO Box 5170 Simi Valley, CA 98062-5170 0 0 3 7 4 8 3 of AT 0.354 ~AuTo T8 0 6955 17055.3393 H HFAG ..1..2.......... 800 IN 1 P3M57 DT001 LAWRENCE E KEEFAUVER 105 E Allen St Apt 106 Mechanicsburg PA 17055-3393 , l -e L n411111r111ryn11'hl'lllll' I'1'll'll.dlll'lllllll'lllllh'llt M & T BANK MANUFACTURERS AND TRADERS TRUST COMPANY WEST SHORE PLAZA OFFICE y/_ IMPORTANT NOTICE This Statement Includes a Past-Due Amount. Please send a payment immediately. Access to your credit line may be affected while the past-due amount remains outstanding. If you have already sent a payment, please accept our thanks, and disregard this notice. Mor Make Ppt-DVe Psvmlents 4.Thin r?f..the Past. , "lent on-line each mont-, 7'i will a At e 46-313 `? ? 878 00 service charge dv =j1fp will apply during 262 TOako>z cfb. ??// is. He Nunor?ta° 2V 7704' 61 non-p IT assi U 's dig f A0001, SUMM A i -a, N.A. and by ms may be able to DD for hearing if the National AV $117.70 1:03L3029551: 9835373 211'0878 $154.49 °"'°'F? ,- $568.36 I Minimum payment due: 09f"10 $840 55 (see next page for transaction details) Historical ANNUAL PERCENTAGE RATE Days in Cycle 5,7 31 FINANCE CHARGE $11730 PAYMENT We will credit your account the same day we receive your payment if received on a banking day (not including Saturday) by5 p.m. in the time zone where the payment is to be mailed and addressed as shown in the payment coupon. Payments made on your account by check or other non-cash method, will be included in your-Available Credit' 10 days from receipt of payment. We may assess a late fee as described in your credit agreement if we do not receive your payment within 15 days of the payment due date. As a reminder, failure to make your minimum payment by the payment due dote could result in suspension or termination of your credit privileges. I [Account number 02167246_ 15) Lawrence E Keefauver 282 Walton Street SEE OTHER SIDE FOR MUVRTANT INFORMATION 6955 BAC Home Loans Servicing, LP PO Box 15227 WILMINGTON, DE 19886-5227 Billing Cycle Oaffll/M10 - 0SAI 2010 Account Number 023667246 Property address 282 Walton Street $ o?eeD '6V . 0a,DZ., 8 HOME EQUITY LOAN Payment due Sep 25, 2010 ;840.55 A late charge may be assessed 15 days from payment due date. Additional Principal N/A 11111'1'll'I'llllil'1"11111111'IIr1111tt11'llllll'llll'I'lllllll I Check Total 023667246500000084055000000000 1_ E;AC,ggnngAii,n :I ar- c 13 71 r,.a 1 of 4 Bankof America Customer Service Po B ?Iox 5170 Simi Valley, CA 93062-5170 Home Loans 0 0 5 4 7 8 6 01 AT o.354 "AUTO TO 0 3,58817055-3393 MSR XW AG 0401----0--2--- C0000068 IN 1 P54840 LAWRENCE E KEEFAUVER 105 E Allen St Apt 106 M Mechanicsburg PA 17055-3393 Ir?lt??lll?tlr??llt'III'II?IIIII?I'Illlllrrltlllllrl4111?'?'Ill' Statement date IIrA Alo Account Number 032004592 Property address 282 Walton Street FOR CUSTOMER SERVICE: 1.866.653.6183 IMPORTANT NOTICE If you and BAC Home Loans Servicing, LP have entered into an agreement to address your monthly payments, please make payments in accordance with this agreement. If you have qualified for an interest rate reduction based upon current active military service, subsequent statements may not reflect the reduced payment amount. Please refer to the notice previously sent to you for the reduced payment amount. PLAINTIFF'S E EXHW H O M E LOAN Home loan overview as of 11/29/2010 Amount due on 12101/2010 as of 111290MO 10 SUMMARY Principal Balance $101,945.31 Home loan payment due 12/01/2010 $977.50 Escrow balance -$1,372.99 Past due payment amount 9,519.88 Late Charge if payment received after 12/16/2010 $35.40 Partial payment balance 97.43 (see next page for account details) Calls may be monitored or recorded to ensure quality service. We may charge you a fee (of up to $40.00) for any payment returned or rejected by your financial institution, subjectto applicable law. Accountnumber 032004592 (5) PAYMENT INSTRUCTIONS LawrenceEKeefauver 282 Walton Street 1. Please Lemoyne, PA 17043 • don tsend cash • don't staple your checkto the payment coupon • don't include correspondence • include coupon with payment 2. Write the account number on the check or money order. 3. Write in any additional amounts you are including. 4. Make your check payable to BAC Home Loans Servicing, LP Attn: Remittance Processing PO Box 15222 Wilmington, DE 19886-5222 SEE OTHER SIDE FOR IMPORTANT INFORMATION 3508 BAC Home Loans Servicing, LP PO BOX 15222 WILMINGTON, DE 19886-5222 Additional Escrow Check total ?Illr??llltllllll?rl?lrl?ttlt?'???'llll?'Irrt?lllt?lll?t?l?rlr?ll 032004592500000097750000101290 1:58 69 900 581:0 3 200 4 5 9 211' Payment due Dec 1, 2010 $977,50 After Dec 16,2010 late payment $1,012.90 Ideate opme a", ielam'r on de revem sire d 02 a"M Additional Principal 2of4 HOME LOAN Monthly payment breakdown as of 11/2*=0 Loan type and term DETAILS Principal and/or interest payment $707.92 Loan type 30 Yr Conventional Jumbo Escrow payment amount 269.58 Contractual remaining term 23 Years, 5 Months Fees due 3,220.00 Interest rate 6.500% Total monthly home loan payment $977.50 Escrow account expenses We are responsible for the payment of the following escrow items with the exception of the items marked with an asterisk (*). The payment of the items marked with an asterisk (*1 is the responsibility of the homeowner. Description Payee Policy number/TaxID Frequency Next due date Amount due City taxes Lemoyne Borough Tax Collector 12-22-0822-284 Annual 04/01/2011 738.55 School taxes Lemoyne Borough Tax Collector 12-22-0822-284 Annual 08/01/2011 1,464.61 Homeowners insurance Erie Insurance Exchange 6532809112 Annual 05/28/2011 738.00 When you receive your tax bill, please write your account number on your original bill and mail it immediately to BAC Home Loans Servicing, LP to prevent penalties and interest from accruing. Please send your original bill to BAC Home Loans Servicing, LP, Attn: Tax Dept CA6-913-LB-0I, PO Box 10211, Van Nuys, CA 91410-0211. Special assessment bills are your responsibility and you must pay them directly. Home loan activity since your last statement Late Other Date Description Principal Interest Escrow charge Unapplied Total 10/07/2010 Late charge adi 35.40 35.40 10/29/2010 Misc posting 663.61 663.61 11/01/2010 Misc posting -945.61 -945.61 11/01/2010 January payment $154.88 553.04 237.69 945.61 "Ending balance $101,94531 -5137239 -NOTE: The ending balance is probably not the same as the amounn to payoff your loan. For payoff information, you may use our 24-hour automated information system at 1.800.669.5833. T 0 CREDIT REPORTING NOTICE We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account maybe reflected in your credit CONTACT report. us For up-to-the-minute information about the account, use our 24-hour Tax Dept CA6-913-LB-01, PO Box 10211, Van Nuys, CA 91410-0211 automated information system. To ask us about this statement or account information, Insurance Dept., TX2-977-01-03,PO Box 961206, Fort Worth, TX 76151-0206 call 1.966.6638183, Mon - Fri, gam to 9pm Eastern Time. Calls maybe monitored and/or Payments, Attn: Remittance Processing PO Box 15222, Wilmington, DE 19886-5222 recorded for service quality purposes. Se hab/a esparlol 1.800.295.0025. 'Overnight deliveries Retail Payment Services, OE5-023-03-01, Christiana 111,900 TOO 1.800.300.6407 Samoset Drive, Newark, DE 19713-6002 Please have the account oumber eveflable when u cell. Our webske www.bankafamerica.com Or write to us at: Your account information is available in Spanish on the site mentioned above. The address for general inquiries and all RESPA Qualified Written Requests is: "The facility at this address does not accept walk-up payments, it accepts BAC Home Loans Servicing, LP,Attn: overnight mail only. Payments can be made by Phone, Online, Mail, or at Bank of Customer Service CA6-919-01-41,POBox5170 Simi Valley, CA 93062-5170 America Banking Centers. Bank ofAmerica, N.A. Member FDIC. Bank ofAmerica, N.A. and BAC Home Loans Servicing, LP, a subsidiary of Bank ofAmerica, N.A., are Equal Housing Lenders.® 2010 Bank of America Corporation. Trademarks are the property of Bank ofAmerica Corporation. All rights reserved. Account Number 032004592 E-mail use: Providing your e-mail address(es) below will allow us to send you information on your account Lawrence E Keefeuver E-mail address E-mail address New we pat yam payment All accepted payments of principal and interest will be applied to the longest outstanding installment due, unless otherwise expressly prohibited or limited by law. If you submit an amount in addition, to your sdmkded monthly amount, we will apply your payments as follows: (i) to outstandingmanthiy payments of principal and interest, Iii) escrow deficiencies, (iii) late charges and other amounts you owe in connection with your loan and (iv) to reduce the outuaraling principal balance of your loan. Plane specify if you wan an additional amount applied to future payments, rather then principal reduction. Poetdatd aboaka will be processed on the date received unless a loan counselor agrees to honor the date written on the check as a condition of a repayment plan. PaymMas by pho me received by 6:00 PM Pacific Time on a business day will be effective the same day. Payments by phone received aher:6:00 PM Pacific Time or on a nonbusiness dayAnolidey will be applied to your account no later than the next business day. Ft r Al full month payment periods, interest is calculated on a monthly basis. Accordingly, interest for all full months, including February, is calculated as 301380 of annual interest, irrespective of the actual number of days in the month. For partial months, interest is calculated daily on the basis of a 365 day year. 0054786 0111985 04CTY740210 orz Bankof America Fl- Customer Service PO Box 6170 Home Loans Simi Valley, CA 9306"170 IM 003 5 63 7 01 AT 0.354 `-AUTO 2 0 7255 17055-339331 -C01-P35672-11 H HF AG.. 1..2.......... 800 DT001 LAWRENCE 'E KEEFAUVER 105 E Allen St Apt 106 Mechanicsburg, PA 17055-3393 IIIIIrIIIIIrrrIrI1111r1111"IIIIIIIIIIItIr111111111"I'lllll'll'I IMPORTANT NOTICE Billing Cycle 1111811010 -1 V3042010 Account Number 023667246 Property address 282 WALTON STREET PLAINTIFF'S EXHIBIT ?? l? ogle This Statement Includes a Past-Due Amount. Please send a payment immediately. Access to your credit line may be affected while the past-due amount remains outstanding. If you have already sent a payment, please accept our thanks, and disregard this notice. Make Past-Due Payments a Thing of the Past. MortgagePay on the Web allows YOU to make your monthly mortgage or Home Equity Line of Credit (HELOC) loan payment on-line each month. This service is free before or during the first third of your grace period. However, if allowed by applicable law, a $3.00 service charge will apply, if your online mortgage payment is made during the second third of your grace period and a $6.00 service charge will apply during the last third of your grace period. Check out our demo, at www.bankofamerica.com, to see just how easy it is. Counseling Programs Homeownership counseling programs are offered by both BAC Home Loans Servicing, LP, a subsidiary of Bank of America, N.A. and by non-profit organizations that are approved by the Department of HUD. These non-profit homeownership counseling programs may be able to assist you concerning your delinquent loan. For Counseling Agencies in your area, call 1.800.569.4287 or 1.800.877.8339 (TDD for hearing impaired). For eligible applicants, completion of a counseling program is required for insurance pursuant to section 203 of the National Housing Act (12 U.S.C. 1709). ACCOUNT SUMMARY Loan Summary Average daily balance $24,014.70 Corresponding ANNUAL PERCENTAGE RATE 5.7500% Daily periodic rate 0.01575% Historical ANNUAL PERCENTAGE RATE 5.7500% Days in Cycle 30 FINANCE CHARGE $113.49 PAYMENT We will credityour accountthe same day we receive your payment if received on a banking day (not including Saturday) by 5 p.m. in the time zone where the payment is to be mailed and addressed as shown in the payment coupon. Payments made on your account by check or other non-cash method, will be included in your *Available Credit" 10 days from receipt of payment We may assess a late fee as described in your credit agreement ifwe do not receive your payment within 15 days ofthe payment due date. As o reminder, failure to make vow misiou s Pavement by do payment duo dots could recta in suspension or unninotion of vow credit lIrivilogos. I Account number 023667246 (5) LAWRENCE E KEEFAUVER 282 WALTON STREET SEE OTHER SIDE FOR IMPORTANT INFORMATION 7255 BAC Home Loans Servicing, LP PO BOX 15227 WILMINGTON, DE 19886-5227 Additional Principal N/A 1111111111111111'll'11111'llll'1111111'1'111"II'll'I'I'lllll"II CheckTotal 023667246500000153033000000000 458699005840 23667 24611' Payment Details Periodic FINANCE CHARGE $113.49 Principal payment due $154.49 Amount past due $1,262.35 Minimum payment due:1Y/2r.IQ010 $1,530.33 Isee next page Tor transaction aetalls) HOME EQUITY LOAN Payment due Dec 25, 2010 $1,53033 A late charge may be assessed 15 days from payment due date. 7255-01-00-0035637-00014)035808 2of2 FTR A N_SA-CT_1ON DETAILS Post date Transaction date Description Loan advances/debits Payments/credit Balance 11/012010 11/01/2010 PREVIOUS BALANCE $24,562.93 11/09/2010 11/09/2010 LATE CHARGE FOR 102010 PMT $27.21 $241590.14 11/302010 11/302010 PERIODIC" FINANCE CHARGE' $113.49 $24,703.63 11/302010 11/302010 PRINCIPAL PAYMENT DUE $154.49 $24,703.63 "'Pow balance as of Ilf30fP010 $24,700.63 "Note: The amount needed to pay off your loan may be different than the New Balance due to daily accrual of finance charges and the posting of transactions after the statement closing date (the last day in the statement period). For payoff information, please call Customer Service at 1.8110.669.5864. CREDIT DISCLOSURE STATEMENT Finance Charges Periodic Finance Charges for each billing cycle are computed by multiplying the Average Daily Balance of your account (including current transactions) by the Daily Periodic Rate, then this product is applied to the number of days in the billing cycle. The Daily Periodic Rate on your account may vary. Refer to your credit agreements for further details. To get the Average Daily Balance, we take the beginning principal balance of your account each day, add any new debits and subtract any principal payments or credits. This gives us the Daily Balance. Then we add up all the Daily Balances for the billing cycle and divide by the number of days in the billing cycle. This gives us the Average Daily Balance. Billiag Rights Sensate" In Case of Errors or Questions About Your Bill. If you think your bill is wrong, or if you need more information about a transaction on your bill, please write us [on a separate sheet] at the Customer Service address below as soon as possible. We must hear froff you no later than 60 days after we sent you the first bill on which the error or problem appeared. TO C O N T A C T U S be reflected in your credit report. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about. You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount in question. CREDIT REPORTING NOTICE We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may For up-to-the-minute information about your account, or to reorder checks, please call 1.866,6534166, Mon - Fri, Sam to 9pm Eastern Time. Se habla espatiol. TDD 1.866.345.1260 Please have your account number available whoa you call. Calls may be monitored or recorded to ensure quality service. We may charge you a tee tot up to ClODO) for any pent returned or rejected by your hnancral mwtumm, subject to applicable law. Send notice of billing error or address correction to: Customer Service CA6-919-01-41 PO Box 5170, Simi Valley. CA 93062-5170 Send your payments to: PO Box 15227, Wilmington, DE 19886-5227 `Overnight deliveries Retail Payment Services, DE5-023-03-01, Christiana lit, 900 Samosat [rive, Newark, DE 19713-6002 Our website www.bankofameric a. corn "The facility at this address does not accept walk-up payments, it accepts overnight mail only. Payments can be made by Phone, Online, Mail, or at Bank of America Banking Centers. Q Bank of America, N.A. Member FDIC. Bank of America, N.A. and BAC Home Loans Servicing, LP, a subsidiary of Bank of America, N.A., are Equal Housing Lenders. m 2010 Bank of America Corporation. Trademarks are the property of Bank at America Corporation. All rights reserved. Account Number OZ%67246 E-mail use: Providing your e-mail address(es) below will allow us to send you information on your account LAWRENCE E KEEfAUVER E-mail address E-mail address Avoid IM Mrs. Make your payment on or before the due date specified in your loan documents. If you don't have a payment coupon, write your account number on your check or money order and submit it promptly to ensure we receive your payment before a late charge becomes due. The payment address is located under To Contact Us. AdOOnd sommiL Even if you instruct us to apply additional amounts as 'Additional Principal" we will apply any additional amounts received to any loft charges and/or outstanding fees prior to reducing the unpaid principal bNence. Paywer. We will credit yota account the same day we receive your payment if received on a banking day (not including Saturday) by 5 p.m. in the time zone where the payment is to be mailed and addressed as shown in the payment coupon. Postdated checks will be processed on the date received unles! a loan counselor agrees to honor the date written on the check as a condition of a repayment plan. 7255-01-00-0035637-0001-0035808 BankefAmerica Home Loans P.O. Box 660694 Dallas, 7X 75266-0694 0 0-772-01905-0000293-001-1-000-000-000-000 Lawrence E Keefauver 105 E Allen St Apt 106 Mechanicsburg, PA 17055-3393 IMPORTANT MESSAGE ABOUT YOUR HOME LOAN Notice Date: December 5, 2010 Account No.: 23667246 Property Address: 282 Walton Street Lemoyne, PA 17043 Your home loan payment is past due. but help may be available According to our records, payment for your home loan is past due. We want to help you avoid foreclosure, so we are making you aware of a program that may help. Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief under the Servicemembers Civil Relief Act (50 USC App. §§ 501-596) (SCRA). Furthermore, Section 2203 of the Housing Economic Recovery Act of 2008 (HERA), Pub. L. 110-289, 122 Stat. 2654 (2008), updated some sections of the SCRA to provide additional relief to servicemembers. WHAT THIS MEANS Who can receive help under the SCRA? • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard • Active servicemembers of the commissioned corps of the National Oceanic and Atmospheric Administration • Active servicemembers of the commissioned corps of the Public Health Service • United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action • Their spouses and dependants What legal protections are servicemembers entitled to under the SCRA? The SCRA states that a debt, including a home loan, incurred by a servicemember or servicemember and spouse jointly before entering military service shall not have an interest rate of more than 6 percent during the period of military service. If your home loan's interest rate is more than 6 percent, you may be eligible for an interest rate reduction or forgiveness of any interest which exceeds 6 percent, which could reduce your monthly mortgage payment. The SCRA states that if a legal action to enforce a debt (like a foreclosure) is filed during or within 90 days after the servicemember's military service, a court may stop This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan. PLAIMIFF'S EXHIBIT 3 /a.zoio SCRANTF 12515/12061 09128/2010 the proceedings for a period of time or adjust the debt. HERA extends this provision from 90 days to nine months. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during or within 90 days after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. • The SCRA contains many other protections besides those applicable to home, loans. • Please note that the HERA provisions related to the SCRA will expire on December 31, 2010 and the protection will revert back to that under the SCRA unless they are renewed and extended by legislation. WHAT YOU NEED TO DO How do I reauest relief under the SCRA? • A servicemember or dependent, or both, may request relief under the SCRA by sending a written explanation of your situation with a copy of the servicemember's military orders to your lender at: BAC Home Loans Servicing, LP P.O. Box 660694 Dallas, TX 75266-0694 How can MM M MAW ,t ut tb* A? • Contact your unit's Judge Advocate, or your installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at the following website: legalassistance.law.af.mil. • Military One Source, the U.S. Department of Defense's information resource. From the United States, call 1-800-342-9647; from outside the United States (where available): 1-800-342-9647; International collect: 1-484-530-5908. 6uperior Court of Veunoptbania Karen Reid Bramblett, Esq. Prothonotary Middle District Milan K. Mrkobrad, Esq. Deputy Prothonotary January 13, 2011 Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Milkus-Keefauver, J. v. Keefauver, L. No. 1730 MDA 2010 Trial Court Docket No: 09-1667 Dear David D. Buell: Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 ww w. superior. court. state. pa. us (Z) Y C:i -_4 Enclosed please find a certified copy of an order dated December 6, 2010 entered in the above-captioned matter. Respectfully, sl. Milan K. Mrkobrad, Esq. Deputy Prothonotary /wjt Enclosure Lawrence E. Keefauver V. JoAnne Linda Milkus-Keefauver ORDER IN THE SUPERIOR COURT OF PENNSYLVANIA (C.P. Cumberland County No. 09-1667) No. 1730 MDA 2010 Filed: December 6. 2010 Appellant, defendant in the divorce matter below, has filed a notice of appeal from the September 16, 2010 order granting the petition of plaintiff below for special relief. The trial court docket indicates that a divorce decree has not yet been entered and the parties' economic claims remain pending below. Interim orders in divorce actions are interlocutory and not appealable until final disposition of the case. See Fried v. Fried, 501 A.2d 211 (Pa. 1985); see also Pa.R.A.P. 341(b)(1) (a final order is any order that disposes of all claims and all parties); Pa.R.A.P. 311(a)(2) (an interlocutory order affecting the possession or control of property is not appealable as of right if entered pursuant to 23 Pa.C.S. §§ 3323(f) or 3505(a)). Accordingly, this appeal is hereby QUASHED as having been taken from an order that is interlocutory and not appealable. Per Curiam TRUE COPY FROM RBCORD Most l _ 13 ern Superior Court of PA - Mice District ILEO-OFFICE .',t: THE PROTHONOTARY Joseph D. Caraciolo, Esquire Attorney ID No. 90919 20t I APR `$ AM 10: 50 APR Foreman & Caraciolo, P.C. 1 112 Market Street, 6'e Floor Harrisburg, PA 17101 CUMBERLAND COUNTY (717) 236-9391 Telephone PENNSYLVANIA (717) 236-6602 Facsimile joseph@ffclaw.net Attorneys for Plaintiff LAWRENCE E. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09 - 1667 JoANNE LINDA MIKUS-KEEFAUVER, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, Lawrence E. Keefauver, moves the court to appoint a master with respect to the following claims: (X) Divorce O Annulment () Alimony () Alimony Pendente Lite () Distribution of Property () Support (X) Counsel Fees O Costs and Expenses and in support of the motions states: 1. Plaintiff has completed discovery as to the claim(s) for which the appointment of master is requested. 2. The non-moving party has appeared in the action pro se. 3. The statutory ground(s) for divorce is 23 pa c.s.a. §3301(d) or §3301(c). 4. The action is contested. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one half day. a Q r Date Respectfully Submitted, FOREMAN & CARACJOLO, PC D. CaWciolo; squir feph orney ID No. 90919 112 Market Street, 6th Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 v LAWRENCE E. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V No. 09 - 1667 C-) w 9 . gym 0 P`3- ? JoANNE LINDA MIKUS-KEEFAUVER, CIVIL ACTION -LAW . -.? a0 ,?- ? Defendant IN DIVORCE -<' rv o ? oF3 ? tin w r i ORDER OF COURT AND NOW, this day of , 2011, Robert E. Elicker, II, Esquire is appointed master with respect to the above captioned matter: BY THE COURT: Distribution: -? Joseph D. Caraciolo, Esquire 112 Market Street, Sixth Floor, Harrisburg, PA 17101 ? JoAnne Linda Mikus-Keefauver 282 Walton Street, Lemoyne, PA 17043 M? es ?/fg/II ab LAWRENCE E. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSY.L?VANNIA • C ca 'mo`t vs. NO. 09 - 1667 CIVIL m? i rte- mo.or n JoANNE LINDA MIKUS-KEEFAUVER,• ?r r ?rTa Defendant IN DIVORCE Q? ate' _ ? n ORDER OF COURT Der ?r p < AND NOW, this day of 2011, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on July 8, 2011, the date set for a conference, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: `Joseph D. Caraciolo -hand de(iver,.d Attorney for Plaintiff JoAnne Linda Mikus-Keefauver _ ryndt, Cl Defendant - E` ec6rt FI icku , 4' Kev' A. Hess, P.J. LAWRENCE E. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYJ,.YANIA p C c, "z7 VS. NO. 09 - 1667 CIVIL r?rEC?or "F _? rte`- `_0 rn- JoANNE LINDA MIKUS-KEEFAUVER,: cn ern Defendant IN DIVORCE r--2t Cx C.5 ?o 0 XC ZC- Z?,, N C?7? THE MASTER: Today is Friday, July 8, z1z This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff's counsel, Joseph D. Caraciolo, and the Defendant, JoAnne Linda Mikus-Keefauver. Mr. Keefauver, the Plaintiff, is on the telephone and is listening to the statements that we are making here today in the Master's office. Mr. Caraciolo is going to put an agreement on the record in the presence of wife, who is physically present, and Mr. Keefauver is going to listen to the agreement by way of telephone. The action was commenced by a complaint in divorce filed on March 17, 2009, raising grounds of irretrievable breakdown of the marriage and the economic claim of equitable distribution. Wife filed a counterclaim on April 22, 2009, raising claims for alimony, alimony pendente lite, and counsel fees and expenses. As indicated, the parties have reached an agreement and the agreement is going to be placed on the 1 record. The agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, when the agreement has been placed on the record and the parties have been asked if they understand the agreement and are in accord with the terms thereof, the agreement is binding on the parties even though there is no subsequent signing. However, we have arranged for the agreement to be given to Mr. Caraciolo, who will then arrange to get the parties' signatures and will return two copies of the signed agreement to the Master's office. After the Master has received two copies of the agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The Plaintiff has previously filed an affidavit of consent and a waiver of notice of intention to request entry of divorce decree on October 20, 2010. We are expecting an affidavit and waiver to be faxed to the Master's office momentarily so that Mrs. Mikus-Keefauver can also sign and consent to the divorce. The affidavit and waiver signed by wife will be filed with the Prothonotary by the Master's office. The divorce can, therefore, conclude 2 under Section 3301(c) of the Domestic Relations Code. There were no children born of this marriage. The parties were married on April 7, 2007, and separated March 12, 2009. Mr. Caraciolo. MR. CARACIOLO: 1. The parties have agreed that any property presently in the possession of wife will remain wife's sole and separate property including any accounts titled in her name alone, a 2006 Mazda 6, a 2005 Dodge Neon, and that any property presently in the possession of husband shall remain husband's sole and separate property, including a 2004 Dodge Durango and that wife will cooperate in transferring the title of the 2004 Dodge Durango within thirty (30) days of presentation by husband of the paperwork necessary for transferring the title. 2. The parties, during the marriage, were co-debtors on four credit card accounts with Chase, Capital One, Orchard Bank, and Aspire and husband will be responsible for repayment of the total amounts due on each one of those accounts. Husband agrees to remain current on the accounts and indemnify wife in the event that any litigation is filed against her as a result of the debt on those four accounts. 3. During the proceedings husband has obtained four orders in response to petitions for special relief. Those orders involve attorney fees and fees for the cost of the sale of the former marital residence. Husband agrees to take any steps necessary to quash or discontinue those orders such that wife will not be responsible for owing husband any amounts due under those orders under the same caption. 4. The parties agree that any checking, savings or retirement accounts presently in the name of wife will remain wife's sole and separate property and any checking, savings or retirement accounts in the name of husband will remain husband's sole and separate property. 5. Husband and wife agree that neither shall pay the other alimony effective immediately and wife will appear at Domestic Relations Office on this date to withdraw her claim for alimony pendente lite pending the finalization of the divorce matter. 6. There are separate orders for counsel fees which have 3 previously been resolved. Both parties agree that they will be responsible for their own counsel fees such that neither party will pay to the other any amounts necessary for the repayment of counsel fees. 7. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. CARACIOLO: Larry, were you able to hear everything I read into the record today? MR. KEEFAUVER: Yes, I was. MR. CARACIOLO: Did you understand everything that was part of this agreement which was just read into the record? MR. KEEFAUVER: Yes. MR. CARACIOLO: Is that your understanding of the agreement? MR. KEEFAUVER: Yes. MR. CARACIOLO: Do you agree to the terms that I just read? MR. KEEFAUVER: Yes, I do. THE MASTER: Ms. Mikus-Keefauver, you've been present during the recitation of the agreement on the 4 R record; is that correct? MS. MIKUS-KEEFAUVER: That's correct. THE MASTER: Do you have any questions about the agreement? MS. MIKUS-KEEFAUVER: I do not. THE MASTER: Do you understand it? MS. MIKUS-KEEFAUVER: I do. THE MASTER: You know that we are going to prepare a transcription of it and you are going to be asked to sign the agreement later today or next week? MS. MIKUS-KEEFAUVER: Yes. THE MASTER: And you are bound by the agreement, however, when you leave the hearing room today? MS. MIKUS-KEEFAUVER: Yes. THE MASTER: And, Mr. Keefauver, you understand that you are bound by this agreement even though there is no subsequent signing of it? MR. KEEFAUVER: Yes, I do. THE MASTER: Thank you. MR. CARACIOLO: You understand that as part 5 of the agreement, Ms. Keefauver, that today, before you leave the building, you will be stopping at DRO to withdraw the claim for alimony pendente lite? MS. MIKUS-KEEFAUVER: That's correct. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WIT SS- DATE: J eph D. C ciolo Lawrence E. Keefauver torney fo Plaintiff L JoAnne Li a Mikus-Ke/efauver 6 From:Foreman & Caraci010, PC 717 236 6602 07/08/2011 05:07 #617 P.003/003 LAWRENCE E. KEEFAUVER, Plaintiff v. 7oANNE LINDA MIKUS-KEEFAUVER, Defendant IN THE COURT OF COMMON PLEAS OF.) N CUMBERLAND COUNTY, PENNSYLVAIPA ° NO.'09-1667 =r C A -< 1 co CIVIL ACTION-LAW ?C3 IN DIVORCE ? Z 330 D Q --t 't7 C) 2 DEFENDANT'S WAIVER OF NOTICE OF INTENTION -- CA) TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. /4- IL /- Da4 Anne Linda Mikus-Keefauver From:Foreman & Caraciolo, PC 717 236 6602 07/08/2011 05:07 #617 P.002/003 LAWRENCE E. KEEFAUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANt4 a, C v "n V. NO. 09-1667 rn? ` =-n 3oANNE LINDA MIKUS-KEEFAUVER, r- -Orrt Defendant CIVIL ACTION-LAW -Gn END o IN DIVORCE ?a• n? C)rn DEFENDANT'S AFFIDAVIT OF CONSENT . _, UNDER SECTION 3301(c) OF THE DIVORCE CODE -< to < 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 17, 2009. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Pifte e Linda Mikus-Keefauver r LARRY E., KEEFAUVER, Plaintiff/Respondent VS. JOANNE L. MIKUS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 09-1667 CIVIL TERM IN DIVORCE PACSES Case No: 753110866 -?3 rnGD zrn a? cnr- -G r2 *n xp N G? c_ c r- i as -a rni= -Vrn Mo ?o o? ORDER OF COURT AND NOW to wit, this 8th day of July, 2011, it is hereby Ordered that W tW the Order for Alimony Pendente Lite is suspended, effective July 8, 2011, pursuant to the written request of the Petitioner. There is no balance due to the Petitioner. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: l'-- -1k M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Joseph Caraciolo, Esq. Service Type: M Form OE-001 Worker: 21005 From:Foreman & Caraciolo, PC 717 236 6602 07/08/2011 05:07 11617 P.003/003 753 i I LAWRENCE E. KEEFAUVER, Plaintiff V. JoANNE LINDA MIKUS-KEEFAUVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1667 CTV1L ACTION-LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Dat Anne Linda Mikus-Keefauver 71elll 0-?-? eft G ?? ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT Oq I LDLo7 CI V I I State: Commonwealth of Pennsylvania O Original Order/Notice Co./City/Dist. o : CUMBERLAND O Amended Order/Notice Date of Order/Notice: 07/08/11 O Terminate Order/Notice Case Number (See A en um for case summary) O One-Time Lump Sum/Notice RE: KEE FAUVER, LARRY E. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 175-48-6915 MENLO LOGISTICS Employee /Obligor's Social ecun um er 1717 N 21 ST AVE 3850000192 PORTLAND OR 97209-1709 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? O yes O no $ 0.00 per month in current medical support N c, $ 0.00 per month in past-due medical support $ 0.00 per month in current spousal suppor t C_ -n $ 0.00 per month in past-due spousal suppo rt mar= $ 0.00 per month for genetic test costs c r-- ?6 $ 0.00 per month in other (specify) $ one-time lump sum payment s -? for a total of $ 0.00 per month to be forwarded to payee below. rv rTf You do not have to vary your pay cycle to be in compliance with .; c_n the support order. If your pay cycledownot?ffiatch the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: OMB No.: 0970-0154 Form EN-028 Service Type M Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS F-1 If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 0940100175 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEEIOBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: KEEFAUVER LARRY E. EMPLOYEE'S CASE IDENTIFIER: 3850000192 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us OMB No.: 0970-0154 Form EN-028 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KEEFAUVER, LARRY E. PACSES Case Number 753110866 PACSES Case Number Plaintiff Name Plaintiff Name JOANNE L. MIKUS Docket Attachment Amount Docket Attachment Amount 09-1667 CIVIL $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docke Attachment Amount $ 0.00 Child(ren)'s Name(s): PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT 00 JoAnne Mikus-Keefauver 282 Walton Street Lemoyne, PA 17043 As is evidenced by the attached signed Domestic Return Receipt card and labeled Exhibit "A". LAWRENCE E. KEEFAUVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1667 C-) c r. o _ te JOANNE LINDA MIKUS-KEEFAUVER, 2? r -- r Defendant CIVIL ACTION-LAW fit, r _V Go IN DIVORCE r-M _ 3 CDn - PROOF OF SERVICE CD z> = ..z r ' e rr; - r c- :.• I hereby certify that a true and correct copy of the Divorce Complaint filed March 17, 2009 in the above captioned matter was served to the party listed below, by Certified Mail, Return Receipt Requested, Restricted Delivery, Postage Prepaid and addressed as follows: Respectfully j? Dat Jo?gfh D. Carac' to squ rney ID N 919 2 Market Street, 6th Flo ffa rrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 P.C. EXHIBIT "A" ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. X ? Agent 1. Article Addressed to: by (Printed Narrfe) Date oe ?l ik{ C. MiL 0/ D. Is delivery address different from Itern 1? ? Y-/l\ If YES, enter delivery address below: ? No // 032-09 3. Service Type %4nitied Mail ? Express Mail ? Registered ARstum Receipt for Merchmtllies ? Insured Mail ? C.O.D. 4. Restricted DelFvery? (Extra Fee) ? Yes 2. ArtjaeNuMber 7pp8 323 0002 7665 1495 Marmr nom service rabsl) PS Form 3811, February 2004 Domestic Return Room" 10259"24A-1540 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAWRENCE E. KEEFAUVER V. JoANNE LINDA MIKUS-KEEFAUVER NO. 09-1667 DIVORCE DECREE AND NOW, --s 0 ` y , 1011 , it is ordered and decreed that LAWRENCE E. KEEFAUVER , plaintiff, and JoANNE LINDA MIKUS-KEEFAUVER, defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marriage Settlement Agreement, dated July 8, 2011, attached hereto is incorporated, but not merged, with this Decree By the Court, ?* -k"- ?3A V Attest J. Prothonotary it a". J,,, C, (? /,(o-h'ce A Ala ? C?ae,,oly ?a ej a