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HomeMy WebLinkAbout10-2851Phelan 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 233559 BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff TTiF L Ili' QY 2010 APR 29 AN 10: 23 Y. 111 7 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 16 - '?- ?-3 1 C N t LAWRENCE E. KEEFAUVER A/KJA LAWRENCE E. KEEFAUVER CUMBERLAND COUNTY JO ANNE MIKUS-KEEFAUVER 282 WALTON STREET LEMOYNE, PA 17043-2024 Defendants ?9a . 6 a p Q. ?-ki ?Y,;l -753 q1 3 0-y File li: 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 against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE, CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 233559 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: LAWRENCE E. KEEFAUVER A/K/A LAURENCE 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 11/01/2009 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 ($1,092-79) TOTAL $105,807.85 7 Plaintiff is not seeking a judgment of personal liability (or an in verso am 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. 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 # 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: Lawrence T. Phelan, Esq., Id. No. 32227 ? rancis S. Hallinan, 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. 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 Attorneys for Plaintiff File #: 233559 LEGAL DESCRIPTION ALL THAT 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 #: 233559 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: 411?0 r Attorney for Plaintiff File #: 233559 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~,~~,;,,r at tuu~br~./'~~tri zala n~~ ~ ~ arl s= 4~ BAC Home Loans Servicing, LP vs. Lawrence E. Keefauver (et al.) Case Number 2010-2851 SHERIFF'S RETURN OF SERVICE 05/07/2010 04:39 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on May 7, 2010 at 1635 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lawrence E. Keefauver, by making known unto himself personally, at 105 East Allen Street Apartment 106, 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. ~! ~i TIM B C ,DEPUTY 05/07/2010 06:54 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on May 7, 2010 at 1852 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jo Ann Mikus-Keefauver, by making known unto herself personal-y, at 282 Walton Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. TIM BTAG~K,-DEPUTY 05/10/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lawrence E. Keefauver, but was unable to locate him it his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Lawrence E. Keefauver. Lawrence E. Keefauver currently resides at 105 East Allen Street Apartment 106, Mechanicsburg, PA 17055. 05/10/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Jo Ann Mikus-Keefauver, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Jo Ann Mikus-Keefauver. Jo Ann Mikus-Keefauver currently resides at 282 Walton Street, Lemoyne, PA 17043. SHERIFF COST: $109.40 May 10, 2010 SO ANSWERS, ~-. RON R ANDERSON, SHERIFF (ci Goun`~Su!tE Shenft_ Teicoso!T. Irt. .~ + ~' Y ~t Z~~U.~>ii'o ~~ ~~I J' G~ t ; ~~, ;~~~iY ,:: ~~ vtv!~ ~.,,, _ , r d . r~-, rev:: ~._t Phelan Hallinan & 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 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 BAC HOME LOANS SERVICING, LP vs. LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-2851-CIVIL ~~ 9G36/2 ,. s~ PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LAWRENCE E. KEEFAUVER A/K/A LAWRENCE E. KEEFAUVER and JO ANNE MIKUS- KEEFAUVER, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $105,807.85 Interest - 04/29/2010 to 06/15/2010 $886.20 TOTAL $106,694.05 I hereby certify that (1) the Defendants' last known addresses are 105 EAST ALLEN STREET, APARTMENT 106, MECHANICSBURG, PA 17 55- 393 and the mortgaged premises at 282 WALTON STREET, LEMOYNE, PA # 70 -2 4, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ L"awrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal IZ. Shah-Jani, Esquire Jen' R. Davey, Esquire auren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ '/ ~/a PHS # 233559 PROTHONOTARY Phelan Hallinan & 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 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 BAC HOME LOANS SERVICING, LP vs. LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-2851-CIVIL VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER is over 18 years of age and his last known addresses are 105 EAST ALLEN STREET, APARTMENT lOb, MECHANICSBURG, PA 17055-3393 and the mortgaged premises at 282 WALTON STREET, LEMOYNE, PA 17043-2024 . (c) that defendant JO ANNE MIKUS-KEEFAUVER is over 18 years of age and her last known residence is 282 WALTON STREET, LEMOYNE, PA 17043-2024. This statement is made subject to die p~lnalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J Lj Lawrence T. Phelan, Esq., Id. No~Z'Z27 ^ 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 ^ She ~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 for Plaintiff (Rule of Civil Procedure No. 236) -Revised BAC HOME LOANS SERVICING, LP vs. LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-2851-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on ~p ' / ~~ / ~ By. ) ~ If you have any questions concerning this matter please contact: ^ 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 ^^ 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 FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINSTPROPERTY. ** BAC HOME LOANS SERVICING, LP v Plaintiff COURT OF COMMON PLEAS CNIL DNISON NO. 10-2851-CNIL LAWRENCE E. KEEFAWER, A/K/A LAURENCE E. KEEFAWER JO ANNE MIKUS-KEEFAWER Defendant(s) TO: JO ANNE MIKUS-KEEFAWER 282 WALTON STREET LEMOYNE, PA 17043-2024 DATE OF NOTICE: May 28, ZO10 CUMBERLAND COUNTY 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 RECENED 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 DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. PHS # 233559 Ot~ice of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, sq., 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 PHS # 233559 BAC HOME LOANS SERVICING, LP v. Plaintiff LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-2851-CIVIL CUMBERLAND COUNTY TO: LAWRENCE E. KEEFAWER A/K/A LAURENCE E. KEEFAWER 105 EAST ALLEN STREET, APT 106 MECHAI~TICSBURG, PA 17055-3393 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. IlVIPORTANT 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 DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. PHS # 233559 O>Tice of'the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240.6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, sq., 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~3' 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 PHS # 233559 BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS CNIL DNISON Plaintiff v NO. 10-2851-CNIL LAWRENCE E. KEEFAUVER CUMBERLAND COUNTY A/K/A LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER Defendant(s) TO: LAWRENCE E. KEEFAWER A/K/A LAURENCE E. KEEFAWER 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 DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 PROVQ~E YOU WITH INFORMATION ABOUT HIRING A LAWYER. [F 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. PHS # 233559 Office of~the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JaY B. Jones, Esq., Id. No. 86657 `d'eter 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 By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, sq., Id. No. b2695 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 PHS # 233559 'A PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS Plaintiff v. LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAIJVER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/16/2010 to Date of Sale ($17.54 per diem) TOTAL ~d~F~ PD ~AT'r/ f oR . 4o C8F ga•00 '• I~'.00 ~~ a.so 4 ~ aar.4o - Po A'rrl Note: Please aftach description of property. PHS # 233559 ~~` ~~59 so CIVIL DIVISION NO.10-2851-CIVII, CUMBERLAND COUNTY $106.694.05 n 3 087.04 ~ ~, ~ =~ :" r .,_, ~.._ r-, ~ ~ n ~~..~. :. E -t X109,781.09 a ~. ~ -r ~ ~ ' T ~ ' ~ C' O -~ A#efi~ey for Plaintiff ~'..p '"'~ Phelan Hallinan & Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michple 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 w~ o~ Qa W ~ a oa ~~ O~ ~ O O~ UW ~~ U a 5 w 0 a~ '~ ~a U a w W W W U z a ~a a~ ~w wW W ~ ~ U ~ c~~., W A a~ 0 w~ G~, a Oo W O ~ ~ °,o ~~ U ~, N N c~ ~. a ~: a~ w b Q w ua w U z ~ z ~ w ~~ Q M h WW O Q w a w ~ z~ w Uw¢V z~~z ww ~¢¢~ a~x°~ w Q N O ~ (j~ M 1:574 O ~~~ ~~ ~za ~O~ ~¢ Q N ~N~-1 0 ~, ~ ~ V1 V1 ~ ~p _ O~ Oti '.~ M N~NQ~~~ M .-~ V ~ G~~~ M~~ C~~ C M N ~~~ z N N C os, ° o czv'Zo~o~N~~ cob p oz ,azzzbz°ti d o ~~ ozz czz~ '"'~bbb •.,d~zzzooz^~ubW.d ti .. ~r m ui G" W ., ~ vi y O y v~ ~ ~2 ~ aDOw e~W W w~W.~4 v~''i~ww a~i ~ v' a~ °~ b ° '? cv ci' ~ ai k" ~ . ~ ~ ~a~O~~~DOOO~O~^^~~ LEGAL DESCRIPTION ALL THAT 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 3U minutes W) one hundred seventy- five and seven tenths (175.7) feet to a point, the Place of BEGINNING. 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 ali 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. TITLE TO SAID PREMISES IS VESTED IN Lawrence E. Keefauver and Jo Anne Mikus- Keefauver, h/w, by Deed from Laurence E. Keefauver, aka, Lawrence E. Keefauver, married person, dated 07/17/2006, recorded 07/19/2006 in Book 275, Page 3664. PREMISES BEING: 282 WALTON STREET, LEMOYNE, PA 17043-2024 PARCEL NO. 12-22-0822-284 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, LP Plaintiff v. .f Attorneys for Plaintiff ZO 1 ~ Jt~L 2 $ P~1 ~ ~ v J CU~'1~ ~ ~..~ ~~ ~~€.!JN;Y P~,~ ~,~,`rt 1~;`+1~I COURT OF COMMON PLEAS CIVIL DIVISION NO.10-2851-CIVIL LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premise:.. are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. gy; t-~/~ A ey for Plaintiff Phelan 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 BAC HOME LOANS SERVICING, LP Plaintiff v. LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. COURT OF COMMON PLEAS CIVIL DIVISION NO.10-2851-CIVIL KEEFAUVER CUMBERLAND COUNTY JO ANNE MIKUS-KEEFAUVER Defendant(s) PHS # 233559 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 282 WALTON STREET, LEMOYNE, PA 17043-2024. Name and address of Owner(s) or reputed Owner(s): Name LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER Address (if address cannot be reasonably ~ ~' ascertained, please so indicate) °'~-• -C3 i. i'' `~ .~ C.~. cif f•T.. 105 EAST ALLEN STREET APARTMEN'~pii ~- 3 ~T~ ~r~ f ~ a y ~ , MECHANICSBURG, PA 17055-3393 ~ .==~ .U _ co ~~ " ` 282 WALTON STREET ~' - ~" '- -~- ~, LEMOYNE, PA 17043-2024 ' ^`-- "' = ' c -~~ 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. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) COUNTRYWIDE HOME LOANS, INC. 4500 PARK GRANADA CALABASAS, CA 91302-1613 COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING 1800 TAPO CANYON ROAD SIMI VALLEY, CA 93063 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. ` 7. Name and address of cvery other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 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 LAWRENCE KEEFAUVER C/O JOSEPH D. CARACIOLO, ESQUIRE JO ANN MIKUS-KEEFAUVER C/O LESLIE BEAM, ESQUIRE 282 WALTON STREET LEMOYNE, PA 17043-2024 13 North Hanover Street Carlisle, PA 17013 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 112 MARKET ST FL 6 HARRISBURG, PA 17101-2015 PO BOX 810 HARRISBURG, PA 17108-0810 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. July 21, 2010 By: A nney for Plaintiff Phelan 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 BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. LAWRENCE E. KEEFAUVER A/K/A LAWRENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER NO.10-2851-CIVIL CUMBERLAND COUNTY Defendant(s) ~ ~ :_; NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -ra i` '~' ~'~~' e c.a -~ ; ~~ ;~; r? - . wr> ~- _.~~ ~ rv ~.~ -,,,- TO: LAWRENCE E. KEEFAUVER A/K/A JO ANNE MIKUS-KEEFAU~R ~' -_ LAWRENCE E. KEEFAUVER 282 WALTON STREET ~~-: _~: 105 EAST ALLEN STREET, APT 106 LEMOYNE, PA 17043-2024 ~' %~` _ J::' MECHANICSBURG, PA 17055-3393 ~ ~. ' c. -~ * *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 282 WALTON STREET, LEMOYNE, PA 17043-2024 is scheduled to be sold at the Sheriff s Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $106,694.05 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 HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT 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 (175.7) feet to a point, the Place of BEGINNING. 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. TITLE TO SAID PREMISES IS VESTED IN Lawrence E. Keefauver and Jo Anne Mikus- Keefauver, h/w, by Deed from Laurence E. Keefauver, aka, Lawrence E. Keefauver, married person, dated 07/17/2006, recorded 07/19/2006 in Book 275, Page 3664. PREMISES BEING: 282 WALTON STREET, LEMOYNE, PA 17043-2024 PARCEL N0.12-22-0822-284 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2851 Civil 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 LAWRENCE E. KEEFAUVER a/Wa LAURENCE E. DEEFAUVER JO ANNE MIKUS-KEEFAUVER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that:. (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $106,694.05 L.L.$.50 Interest from 6/16/10 to Date of Sale ($17.54 per diem) -- $3,087.04 Atty's Comm Due Prothy $2.00 Atty Paid $241.90 Other Costs Plaintiff Paid Date: 7/28/10 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY BAC HOME LOANS SERVICING, LP PHS # 233559 DEFENDANT SERVICE TEAM/ lac LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER COURT NO.: 10-2851-C1VEL JO ANNE MIKUS-KEEFAUVER SERVE LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. TYPE OF ACTION KEEFAUVER AT: XX Notice of SheriWs Sale 105 EAST ALLEN STREET SALE DATE: 12108/2010 APARTMENT 106 MECHANICSBURG, PA 17055-3393 -*DIVORCED- ONE CANNOT ACCEPT SERVICE FOR OTHER** SERVED Served and made known to LAWRENCE E. YXEFAUVER , Defendant on the day of "5T 2010 , at 1211"0, o'clock A. M., at f Ofi E- L& Sr, A kL26 , in the manner described below: ('Defendant personally served. /441G WICSOW1 4, PAl - Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age 4bte Height Weight 21c'i Race W Sex /`^ Other I, 4jI& _b 4 16 LL, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed - - before a this 72,, N,01 of 6- F S7AiL?1 i'w3L; SEY N By: ?1Y t0'14Mf4?'?-'.V 1 iRS"P. ,T{CH 2013 OT SERVED On da f 20_, at -o'clock- ICI., Defendant NOT FOUND because: Vacant _ Bad Address . _ Moved . . , ` Does Not Reside (Not Vacant) _ No Answer on at at . Service Refused Other. Sworn to and subscribed before me this day of - ?6 By: Notary: : ATTORNEY FOR PLAINTIFF -`- c ' Lwieeae T. Pheia, Esq, Id. No. 322x7 Fmri S nalam Ea ld N 626% CZ /. CAI -,-r l °-? , . q, a D-W G Ea Sdaaie N Na 62R5 rn . q., . g. NdW K 8 0 E X N O e = 4 9%, o. W JWftT. ftW W, Eaq, li Na 5f1 Sheen A 9r?.Jn{ 6q„ Id. Na $1760 Jamie LDarey, UP-Id. Na 87077 Lov A TWaa, Faq, Id. Na"M CD-71 V1"k Sdv=t%m F,sjj&Na.201331 '^;y .,... - ?: =- Jay Jaam, Fs}, Id. Na SW7 PdWJ.MWahy,Bq,ELNa.61791 »C? ?tTI Ami,aw L Sphwk Fq, X Na 84419 ,'`"' •.`:• Jakm McGaiae,e, Eq., Id. Na 70134 C,,,,! Chdww,iWe P. Md.., Eeq, Id. Na 94620 ••--t Jahn 1. GoNm w. Eeq., It Na 205947 Caa„mry R. Dam% Eq., 1d. Na 206779 " Aadtew G Braail,6,, Y. Na 216775 om NwW Sm" 1617 J miedj W,"L, 90e 1410 PhidelpW PA 19107.1614 (215)%3-7000 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY BAC HOME LOANS SERVICING, LP PHS # 233559 DEFENDANT SERVICE TEAM/ kxc LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER COURT NO.: 10.2851-CIVIL JO ANNE MIKUS-KEEFAUVER SERVE JO ANNE MIKUS-KEEFAUVER AT: TYPE OF ACTION 282 W ALTON STREET XX Notice of Sheriff's Sale LEMOYNE, PA 19043-2024 SALE DATE: 12/08!2010 **DIVORCED- ONE CANNOT ACCEPT SERVICE FOR OTHER** SERVED 40696T, Served and made known to JO ANNE MIKUS-KEEFAUVER , Defendant on the: day of 20 (6, at 61fl, o'clock _P. M., at 28,'k k4t-7/0 ST j Lfm 6Yf-*f PA, in the manner described below: ? Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other. Description: Age _5'0 Height -51 L` Weight I q0 Race W Sex P Other I, Rooykt A Me", a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and ai the address indicated above. Sworn to and subscribed before? t?h,iAN6 s 2 day 3C I?? Ft R ( ?' i Y. `; :TY , 20 0. S'?ftT OF BY p MY C?hlMtaSzC'V,.s3Rh. ?tilftRCH 7.2013 NOTSERVED L._ ---- 0 20 at ^ o'clock _ M., Defendant NOT FOUND because: Bad Address ! Moved _ Does Not Reside (Not Vacant) w n at at Service Refused Other. Sworn to and subscribed before me this day of 6=. By: Notary: ATTORNEY FOR MA1NI IFF L%W"a T.Phdr,&q,KWran Fmwb&Rion%SMI,KNaam Dmad c. se.aw &s. K rr0. aaas Mk1MeKa?&q»KNa 69M9 t.^T Nr ` ]ndMh T.Bonr,Eq,KNa 517/3 r? T° s ftbi it Shah-hA &q, K Nm 9170 JahrR V&M, &% K NN 8787! ? ? La?,asR Tahq Eq,KNa 9SD7 i r' ?"? ? ? -•?,°'t ? VhrIcSA?ehiva, lwq.,KN42t1J31 -:„? ? l? •-.. i " JVB.Jam%&q,KW9"67 .,•' -.' ] .. `„?{ PeWJ.Makahl,&q,1&Na61791 - ' ._ ? Aedrew 4+&O+KNw 86119 ?/?? ;,,,,. .l"\3 ' Jdae MdkWwa,aq,hLN%98131 Qutss? P.914tos, &q., K Np 90638 `? °` ---j Jah. LGeMM4 &j, K ft 20SM CewAS71t. Dmr, K%q, K Nu 2067M > "s C-) C. Andy C. BuaaMa . Nw 2MMS One Pt" - 1PUbdl% .. PA MQX1? i Sake 1 C= ) J t D C C ' IIN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOANS SERVICING, LP Plaintiff, V. LAWRENCE E. KEEFAUVER A/K/A LAWRENCE E. KEEFAUVER JOANNE MIKUS-KEEFAUVER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 10-2851-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named,. at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or C -ti,?c"` Mail Return Receipt stamped by the U.S. Postal Service is attached hereto ? Andrew C. Brambfett, Esq., Id. No. 208375 Attorney for Plaintiff Date: IMPORTANT OT CE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the Plaintiff at the Sheriffs Sale. The sale L,61rrawrence elan, Esq., Id. No. 32227 ? Francis S allinan, Esq.; Id. No. 62605 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69.849 ? Judith T. Romano; Esq., M. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq.; Id; No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Viv k Srivastava, Esq., Id. No. 202331 ? Ja . Jones, Esq., Id. No. 86657 _ ? eter J. Mulcahy, Esq., Id, No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ? Chnsovalante P. Fliakos, Esq., Id. No. 94620 EY ? Joshua I. Goldman, Esq., Id. No. 205047 _ ? Courten'ay R. Dunn, Esq., Id. No. 206779 must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 233559 Lz H r C 4 C C r t K r /F F L7 al CY 41? 6i va o sacs z ?oo?diz vaoa3c??idw ; T ?cA ? ?? w Oiu sz'inr sszccrtiaaa dV OLTO Go rl ? F c $ C ZO 53MO8 A3NLd C E$?E ,f Y %9 3 i m Q r ? ?ryry DIY •44 a? I/? ? od S'JS G.1 $ ° a Y ... ;. c O J NN- a o M E N u bo y F+I' S; C<-a R G U. V`? O p N C I ? p .f. h ?A o ? Y ? n a ;J i ?I y G ?'f? M b ? ,i7 ,X O+ w 1 j ,r] ? a? i F I ra Fw ' z h Q r, 4" z z?4 '?3, C a7 A h ? O ? ' cC > w "? ?Q N ? 4 `A CCd G? a? H?; v a ! o •??I11 a ?U ?d ° ? H 04 tn W HAM W L H ? p M y F op ? Q W •"r .. ?I O A ,M-+ O z 7-"Ch ? -ct ? w tiA n L p w.°'c0 ° Pr , GT,d Q Ltil(? . d Q Z `? ? OV v a G yte) a? [? .. R? c U i O fS H j xC1? i F i D U' W d S7i W ?UQ? W 'CS U W ?G R r? c? N W C l%a ?, i,Q y 'O f%3 ?" . / W x C?z7 ?-?+ /pa ? r / H p C ... J U a Z tn p G d b 0F M`?f W - C7 N L `? L L.a " L w? L :r?7 ??7 U Z Z . awlaa'' xv, ° "w E"•?? ? P? Vw ca " v a O L ?? ro o v V) cv oA = = r?C? rn v? v? g t CG Q c r ? ?M pr O ? ? m Q r ? Q ? •... ti n' y "` ?.r o ? ,!Z O m E ? CQ.L 't7 ? ? r 7 ,?.,, y Gz, ?.n CC y A Q y?•? tY.t ? ? ? zz Q "? ? ? A< a Z 'J H '"'` ? '"7 i ; z E zr, . E EZ L Gs L '= v -mpoo L vi vi ? Ocv d O A o c ?, ? vac C ? v '+? Hc?? AU,•.U UAG.'A` iti. va[z,,....O. A?tz.cax ,.4 U•-+ ti UR. UttU U aa x w Z -x 49 4. + x U .D Q W b v a ?_ r fV M `?' VI O l? 00 T '5 0 15.0 ?u :i? i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor BAC Home Loans Servicing, LP vs. Lawrence E. Keefauver (et al.) ????ttr of ?uutLrtf,??? FILED-OFFICE r F THE PR07fj0NCT,,i F y 20' 1 APR I 1 AM 10' 33 CUMBERLAND COUNTY PENNSYLVANIA Case Number 2010-2851 SHERIFF'S RETURN OF SERVICE 10/14/2010 03:11 PM - Ryan Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 al 1508 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: Lawrence E. Keefauver, by making known unto, Leslie Rimmer, girlfriend of defendant, at, 105 East Allen Street, Apartment 106, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/22/2010 08:07 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 10/22/10 at 2007 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lawrence E. and Jo Ann Mikus-Keefauver, located at, 282 Walton Street, Lemoyne, Cumberland County, Pennsylvania according to law. 10/22/2010 08:07 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 10/22/10 at 2007 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: Jo Ann Mikus-Keefauver, by making known unto, George Torres, adult in charge, , at, 282 Walton Street, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same 12/03/2010 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 01/31/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 4/1/2011. SHERIFF COST: $719.30 April 07, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF . so-r,L 2ke. elm S 138q (c? CountySate Shenff, i elecsort. Inc. n BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 10-2851-CIVIL LAWRENCE E. KEEFAUVER AIK/A LAURENCE E. KEEFAUVER CUMBERLAND COUNTY JO ANNE MIKUS-KEEFAUVER Defendant(s) PHS # 233559 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 282 WALTON STREET, LEMOYNE, PA 17043-2024. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 105 EAST ALLEN STREET, APARTMENT 106 MECHANICSBURG, PA 17055-3393 282 WALTON STREET LEMOYNE, PA 17043-2024 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) COUNTRYWIDE HOME LOANS, INC. 4500 PARK GRANADA CALABASAS, CA 91302-1613 COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING 1800 TAPO CANYON ROAD SIMI VALLEY, CA 93063 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of t very other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 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 LAWRENCE KEEFAUVER C/O JOSEPH D. CARACIOLO, ESQUIRE JO ANN MIKUS-KEEFAUVER C/O LESLIE BEAM, ESQUIRE 282 WALTON STREET LEMOYNE, PA 17043-2024 13 North Hanover Street Carlisle, PA 17013 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 112 MARKET ST FL 6 HARRISBURG, PA 17101-2015 PO BOX 810 HARRISBURG, PA 17108-0810 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. July 21, 2010 By; A rney for Plaintiff Phelan 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 Z Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 BAC HOME LOANS SERVICING, LP : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER Defendant(s) : NO. 10-2851-CIVIL : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LAWRENCE E. KEEFAUVER A/K/A JO ANNE MIKUS-KEEFAUVER LAURENCE E. KEEFAUVER 282 WALTON STREET 105 EAST ALLEN STREET, APT 106 LEMOYNE, PA 17043-2024 MECHANICSBURG, PA 17055-3393 "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 282 WALTON STREET, LEMOYNE, PA 17043-2024 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $106,694.05 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 HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT 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 (175.7) feet to a point, the Place of BEGINNING. 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. TITLE TO SAID PREMISES IS VESTED IN Lawrence E. Keefauver and Jo Anne Mikus- Keefauver, h/w, by Deed from Laurence E. Keefauver, aka, Lawrence E. Keefauver, married person, dated 07/17/2006, recorded 07/19/2006 in Book 275, Page 3664. PREMISES BEING: 282 WALTON STREET, LEMOYNE, PA 17043-2024 PARCEL NO. 12-22-0822-284 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-2851 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 LAWRENCE E. KEEFAUVER a/k/a LAURENCE E. DEEFAUVER JO ANNE MIKUS-KEEFAUVER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $106,694.05 L.L.$.50 Interest from 6/16/10 to Date of Sale ($17.54 per diem) -- $3,087.04 Atty's Comm % Due Prothy $2.00 Atty Paid $241.90 Other Costs Plaintiff Paid Date: 7/28/10 David D. Buel ( Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 282 Walton Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: r Re state oor inator V. Whe Patriot-News Co. 20;20 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the atr10tWXfW5 Now you know CARLISLE PA 17013 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 Holly Blain, 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 Markel: 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: 2010-2851 Chril Term B C Home Loans Servicing, LP Ws wrence E. Keefauver, a/k/a Laurence E.Keefauver Jo Ann Mlkus-Keefauver Atty. Daniel Schmieg By virtue of a Writ of Execution NO. 10-2851-CIVIL BAC HOME LOANS SERVICING, LP VS. LAWRENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER JO ANNE MIKUS-KEEFAUVER owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being (Municipality) 282 WALTON STREET, LEMOYNE. 17043-2024 PA Parcel No. 12-22M22-284 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUN-F. $106,694.05 10/15/10 10/22/10 10/29/10 Sworn to and bscribed before meithis lad y of November, 2010 A.D. r,/J l Notarial Seal Sherrie L. Kisner, Notary Public Lower Paxton Twp., Dauphin County 4y COmmiss10n Expires Nov. 26, 2011 ber, Pennsylvanla Association of Notaries 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: October 22, October 29, and November 5, 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. C->?- '--- isa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this November 2010 C;=Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-2851 Civil BAC Home Loans Servicing, LP vs. Lawrence E. Keefauver, a/k/a Laurence E. Keefauver Jo Ann Mikus-Keefauver Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-2851-CIVIL, BAC HOME LOANS SERVICING, LP vs. LAW- RENCE E. KEEFAUVER A/K/A LAURENCE E. KEEFAUVER, JO ANNE MIKUS-KEEFAUVER, owners of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being 282 WALTON STREET, LEMOYNE, PA 17043-2024. Parcel No. 12-22-0822-284. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $106,694- .05. 64