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HomeMy WebLinkAbout09-7643Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 217883 BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. JEREMY C. KREBS A/K/A JEREMY KREBS JENNIFER R. KREBS A/K/A JENNIFER KREBS 2313 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055-5581 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oq- 7&q3 alvi l iem CUMBERLAND COUNTY File #: 217883 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 217883 1. Plaintiff is BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JEREMY C. KREBS A/K/A JEREMY KREBS JENNIFER R. KREBS A/K/A JENNIFER KREBS 2313 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055-5581 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/29/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR COUNTRYWIDE BANK, FSB. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200730105. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2009 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 #: 217883 6 The following amounts are due on the mortgage: Principal Balance $149,258.02 Interest $7,438.20 02/01/2009 through 11/03/2009 (Per Diem $26.95) Attorney's Fees $1,325.00 Cumulative Late Charges $336.28 06/29/2007 to 11/03/2009 Cost of Suit and Title Search $-5-50-00 Subtotal $158,907.50 Escrow Credit ($136.41) Deficit $0.00 Subtotal ($1-36-41) TOTAL $158,771.09 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is nat seeking a judgment of personal liability (or an in pers? onam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 217883 9. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $158,771.09, together with interest from 11/03/2009 at the rate of $26.95 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN H LINAN & SCHMIEG, LLP By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 El Jo hua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 217883 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, known and numbered as Lot No. 122, on a Plan for'Bowmans Hill', dated March 29, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Subdivision Plan Book 65, Page 139, and amended Phase I Final Subdivision Plan of Bowmans Hill, recorded October 8, 1993, in Plan Book 66, Page 145, more fully bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Bumble Bee Hollow Road at the southwest corner of Lot No. 121; thence North 77 degrees 31 minutes 17 seconds East, a distance of 130.06 feet to a point, being the southeast corner of Lot no. 121; thence South 19 degrees 06 minutes 02 seconds East, a distance of 80.54 feet to a point at the northeast corner of Lot No. 123; thence South 77 degrees 31 minutes 17 seconds West, a distance of 139.35 feet to a point on the eastern side of Bumble Bee Hollow Road; thence North 12 degrees 28 minutes 43 seconds West, a distance of 80 feet to the point and place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to the same conditions, restrictions, exceptions and reservations as exist by virtue of prior recorded instruments, deeds and conveyances. PARCEL NO. 42-29-2456-019 PROPERTY BEING: 2313 BUMBLE BEE HOLLOW ROAD File #: 217883 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: a _Ztez Attomey for Plaintiff File #: 217883 0 r.? r-.'U..? lll.ll.? f li'? 1"5rt(11+? i 2009 N1-] 7 -5) PM 12: 49 4'78.50 AD A" TI C?? 8?a ? 39 1? d33o41? R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 1J C? BAC Home Loans Servicing, LP vs. Jeremy C. Krebs Case Number 2009-7643 SHERIFF'S RETURN OF SERVICE 11/09/2009 06:40 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on Novembei 9, 2009 at 1840 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeremy C. Krebs, by making known unto himself personally, at 2313 Bumble Bee Hollow Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/09/2009 06:40 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on Novembei 9, 2009 at 1840 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jennifer Krebs, by making known unto Jeremy Krebs, husband of defendant at 2313 Bumble Bee Hollow Road Mechanicsburg, Cumberland County, Pennsylvania 17055 it: contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 November 10, 2009 SO ANSWERS, 4 R THOMAS KLINE, SHERIFF By De ty Sheriff !c; Coun`ySote Shenft, Ie'ecsuft. In;. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BAC HOME LOANS SERVICING, LP Plaintiff vs JEREMY C. KREBS A/K/A JEREMY KREBS JENNIFER R.KREBS A/K/A JENNIFER KREBS Defendant 1 Court of Common Pleas Civil Division CUMBERLAND County No. 09-7643 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: ~-~A~ '_' 1' ~ _, ; ~ T--- ~N r_. ' `~ ~ i . J _ ._~ v . .. •? f r +-? _ Please vacate the 'ud ment s entered and without re'udice. `-" R ~~ ~ ' `~ ~ `' Date: May 14, 2010 PHELAN HALLINAN & SCH IEG, LLP By: t ,~,,, c Lawrence T. helan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 217883 Attorneys for Plaintiff ~~ ~ S 8521 ~~a~ a~S/ 4` s SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~_~ ._ _.. . Jody S Smith ~~~tkti~t, of ~".tr2r~}SFr/~~~~ ~ ' ` ~ ,- ;~ Chief Deputy - c ~ ~.. ~~ ~B ~ E0~ '~. f Edward L Schorpp Solicitor _ - ~.:,' , BAC Home Loans Servicing, LP vs. Case Number Jeremy C. Krebs (et al.) 2009-7643 SHERIFF'S RETURN OF SERVICE 04/09/2010 09:05 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2010 at 2105 hours, he posted a true copy of the within Real Estate Writ, Notire, Poster and Description, in the above entitled action, upon the property of Jeremy C. Krebs & Jennifer Krebs, located at 2313 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/09/2010 09:05 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2010 at 2105 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeremy C. Krebs, by making known unto, Jeremy C. Krebs, personally, at 2313 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/09/2010 09:05 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2010 at 2105 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jennifer Krebs, by making known unto, Jeremy C. Krebs, husband of defendant, at 2313 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4/30/10 SHERIFF COST: $655.01 SO ANSWERS, May 21, 2010 RON R ANDERSON, SHERIFF ~•~~ ~~ • Cpl', . unh > i t . jren f 7 P.e ~so?F. I ~::. ~~;z~~ 5" BAC HOME LOANS SERVICING, LP Pla~tiff V. i JEREMY C. KREBS A/K/A JEREMY KREBS JENNIFER R. KREBS A/K/A JENNIFER KREBS Defendant(s) COiJRT OF COMMON PLEAS CIV[L DIVISION N0.09-7643 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2313 BUMBLE BEE HOLLOW ROAD, MECHANICSBURG, PA 17055-5581. Name and address of Owner(s) or reputed Owner(s): Name JEREMY C. KREBS A/K/A JEREMY KREBS JENNIFER R KREBS A/K/A JENNIFER KREBS Address (if address cannot be reasonably ascertained, please so indicate) 2313 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055-5581 2313 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055-5581 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Mers, Inc. 3300 SW 34`h Avenue; Suite 101 Ocala, FL 34474 Mers as a nominee for Countrywide Bank, FSB., P.O. Box 2026 a Federal Savings Bank Flint, MI 48501-2026 Countrywide Bank, FSB., a Federal Savings Bank 1199 North Fairfax Street; Suite 500 Alexandria, VA 22314 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the properly which may bE~*affected by the sale: Name Address (if address cannot be ~` reasonably ascertained, please indicate) TENANT/OCCUPANT 2313 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055-5581 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Mers as a nominee for BAC Home Loans Servicing, LP SAC Home Loans Servicing, LP P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 P.O. Box 2026 Flint, MI 48501-2026 1800 Tapo Canyon Road Simi Valley, CA 93063 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. February 12, 2010 ay ~_ Att e or P ainti f Phelan Hallman &Schmieg, LLP ^ La ence T. Phelan, Esq., Id. No. 32227 ^ Fr ncis S. Hallman, Esq., Id. No. 62695 ^ aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93.337 ^ 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 ^ Clu-isovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 2,05047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ,' BAC HOME LOANS SERVICING, LP vs. JEREMY C. KREBS A/K/A JEREMY KREBS JENNIFER R. KREBS A/K/A JENNIFER KREBS N0.09-7643 CIVIL TERM CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEREMY C. KREBS A/K/A JEREMY KREBS 2313 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055-5581 JENNIFER R. KREBS A/K/A JENNIFER KREBS 2313 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055-5581 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 2313 BUMBLE BEE HOLLOW ROAD, MECHANICSBURG, PA 17055- 5581 is scheduled to be sold at the Sheriffs Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $1.60,495.89 obtained by BAC HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVI?; OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder.. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-7643 CIVIL TERM BAC HOME LOANS SERVICING, LP vs. JEREMY C. KREBS A/K/A JEREMY KREBS JENNIFER R. KREBS A/K/A JENNIFER KREBS owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 2313 BUMBLE BEE HOLLOW ROAD MECHANICSBURG PA 17055-5581 Parcel No. 42-29-2456-019. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $160,495.89 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, known and numbered as Lot No. 122, on a Plan for 'Bowmans Hill', dated March 29, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Subdivision Plan Book 65, Page 139, and amended Phase I Final Subdivision Plan of Bowmans Hill, recorded October 8, 1993, in Plan Book 66, :Page 145, more fully bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Bumble Bee Hollow Road at the southwest corner of Lot No. 121; thence North 77 degrees 31 minutes 17 seconds East, a distance of 130.06 feet to a point, being the southeast corner of Lot no. 121; thence South 19 degrees 06 minutes 02 seconds East, a distance of 80.54 feet to a point at the northeast corner of Lot No. 123; thence South 77 degrees 31 minutes 17 seconds West, a distance of 139.35 feet to a point on the eastern side of Bumble Bee Hollow Road; thence North 12 degrees 28 minutes 43 seconds West:, a distance of 80 feet to the point and place of BEGINNING. BEING known and numbered as 2313 Bumble Bee Hollow Road, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to the same conditions, restrictions, exceptions and reservations as exist by virtue of prior recorded instruments, deeds and conveyances. BEING THE SAME PREMISES which Stephen A. Vergot, single man, by his Deed dated May 27, 2005 and recorded June 1, 2005 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 269, Page 764 granted and conveyed unto Jeremy Krebs and Jennifer Krebs, husband and wife, Mortgagors herein. TITLE TO SAID PREMISES IS VESTED IN Jeremy Krebs and 3ennifer Krebs, h/w, by Deed from Stephen A. Vergot, single man, dated 05/27/2005, recorded 06!01/2005 in Book 269, Page 764. PREMISES BEING: 2313 BUMBLE BEE HOLLOW ROAD, MECHANICSBURG, PA 17055- 5581 PARCEL N0.42-29-2456-019. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-7643 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP, Plaintiff (s) From JEREMY C. KREBS a/k/a JEREMY KREBS JENNIFER R. KREBS a/Wa JENNIFER KREBS (1) You are directed to levy upon the property of the defendant (s)and to sell. 5EE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $160,495.89 L.L. $.50 Interest from 1/7/10 to Date of Sale ($26.75 per diem) -- $3,932.25 Atty's Comm % Due Prothy $2.00 Atty Paid $172.00 Other Costs Plaintiff Paid Date: 2/16/10 (Seal) 3 David D. Buell, rothonotary By: Deputy REQUESTING PARTY: Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered, 2313 Bumble Bee Hollow Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, Apri123, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-7643 Civil ~ - ,/' BAC Home Loans Servicing, LP F/K/A Countrywide isa Marie Coyne, ltOr Home Loans Servicing, LP vs. SWORN TO AND SUBSCRIBED before me this Jeremy C. Krebs, Jennifer Krebs Atty: Daniel Schmieg 30 da off April 2010 , By virtue of a Writ of Execution ~ / NO. 09-7643 CIVIL, BAC HOME / `~ '~ti~ i'!,~(~ , LOANS SERVICING, LP vs. JEREMY /\ C. KREBS A/K/A JEREMY KREBS, JENNIFER R. KREBS A/K/A JEN- Notary / NIFER KREBS, owners of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, .~.~~~~ being 2313 BUMBLE BEE HUL- NOTARIAL SEAL LOW ROAD, MECHANICSBURG, PA DEBORAH l1 COLLINS 17055-5581. Notafy Public Parcel No. 42-29-2456-019. Improvements thereon: RESIDEN- CARLISLE BOROUGH, CUMBERLAND COUNTY TIAL DWELLING. My COfllttliS8i0t1 Expires Apf 28, 2014 JUDGMENT AMOUNT: $160,495- .89. r*- The Patriot-Ne~irs Ca. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e~lahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16110 Writ No. 2009-7643 CIvIITerm 04/23/10 BAC Home Loans Servicing, LP FIK/A Countrywide Home Loans -, 04/30/10 Servlcing, LP ~ ~ • Vs. ~• ~ Jeremy C. Krebs •••••••••••••• Jennifer Krebs t Atty: Daniel Schmieg - By virtue of a Writ of Execution N0.09-7643 Sworn t ~ cribed before m t - 18 y of May, 2010 A. D. vs. LOANS SERVICING, LP - ;- BAC HOME l` t U~ '~' ~ `,- CIVILTERM ~ ~ / -' ~ ~"~L~-- -------_ .. JEREMY C.KREBSA/K/AJEREMYKREBS ~" Notary Public JENNIFER R. KREBS AIK/A JENNIFER KREBS Owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 2313 BUMBLE BEE . HOLLOW ROAD, MECHANICSBURG, PA - ~''~_" .f9 17055-3581 i ' . Parcel No. 42-29-2456.019. ~ ~ ~ "~ ti (Acreage or street address) t .. __ ''_ ' =7 ~ ~; Improvements thereon: RESIDENTIAL ~i~ !, -,--~ DWELLING JUDGMENT AMOUNT: ` las $160,495.89