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HomeMy WebLinkAbout05-5676 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id, No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO.DS -Sir. 710 ~t-o~C-~~ v. CUMBERLAND COUNTY MICHAEL D. KEYES KATHY W. KEYES 12 EAST PINE STREET ENOLA, P A 17025 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y 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, PAl 70 I 3 (800)990-9108 File#: 125126 Fi1c#: 125126 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: M&T MORTGAGE CORPORATION I FOUNTAIN PLAZA,6TH FLR. P.O. BOX 840, NY 14240 BUFFALO, NY 14203 2. The name(s) and last known addre5s(e5) of the Defendant(5) are: MICHAEL D. KEYES KATHY W. KEYES 12 EAST PINE STREET ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(5) of the property hereinafter described. 3. On 10/23/2003 mortgagor(5) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1842, Page: 4888. 4. The prcmise5 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 07/01/2005 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 #: 125]26 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2005 through 10/31/2005 (Per Diem $13,35) Attorney's Fees Cumulative Late Charges 10/23/2003 to 10/31/2005 Cost of Suit and Title Search Subtotal $82,950.04 2,042.55 1,225.00 109.86 $ 550.00 $ 86,877.45 Escrow Credit Deficit Subtotal 0.00 479.17 $ 479.17 TOTAL $ 87,356.62 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice oflntention 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(5) on the date(s) set forth thereon, and the temporary stay as provided by said notice has tenninated 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. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 87,356.62, together with interest from 10/31/2005 at the rate of$13.35 per diem to the date ofJudgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ~~~ -cr)J.!t-- By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 125126 LEGAL DESCRIPTION LL THOSE CERTAIN tracts or parcels of land with the buildings and improvements thereon erected, situate in the wn5hip of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and scribed as follows, in accordance with a survey prepared by Ernest J. Walker, Professional Engineer, on March 26, 70: GINNING at a point, said point being two hundred eighty and zero tenths (280.0) feet from the southeast comer of uth Enola Drive; thence north fifty-nine (59) degrees east a distance of one hundred fifteen and five tenths (115,5) feet a point on the southwest comer of East Pine Street and a seven and five tenths (7.5) feet wide unopened alley; thence a ng said unopened alley south thirty-one degrees east a distance of one hundred twenty-five and zero tenths (125.0) feet a point on a fifteen (15) feet wide unopened alley; thence south fifty-nine (59) degrees west a distance of one hundred een and five tenths (115.5) feet to a point; thence on a line between Lot No. 54 and Lot No. 55 north thirty-one (31) grees west a distance of one hundred twenty-five and zero tenths (125.0) feet to a point, the place of BEGINNING. V1NG THEREON ERECTED a two and one-half (2 1/2) story dwelling house known as and which has the address of East Pine Street, Enola, Pennsylvania 17025. ING LOT No. 55, Lot No. 56, and Lot No. 57, on a Plan of Lots laid out by Francis H. Spangler, said plan being r corded in the Office of the Recorder of Deeds in and flro said County of Cumberland, Pennsylvania, in Plan Book 2, ge 2. DER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record. S BJECT, NEVERTHELESS, to the reservations and restriction that said lots shall be used only for residential purposes a d no building shall be erected thereon within fifteen (15) feet of Pine Street. It is understood and agreed that the r triction to the use of said lot for residential purposes shall not be construed to prohibit the erection and maintenance reon of a private garagc for use in connection with a residence or other auxiliary residential use. "ING THE SAME PREMISES which Charles Edward Shay, Jr., (a/k/a Charles E. Shay, Jr. and Patricia J. Shay, his fe, by Deed dated April 4, 1979, and recorded on the 5th day of April, 1979, in the Office of the Recorder of Deeds of mberland County, Pennsylvania, in Deed Book '1', Volume 28, Page 971, granted and conveyed unto Raymond A. ontchal, Grantor hcrein. Fi #: 125126 VF,RIFIC.ATlON hereby states that he/she is VICE PRESIDENT of M & T MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. (/ J1 ! '"/ . '--~ -:: ,.. " <---" DATE: !o/~~~S' r / Diana RObi Vice Presiden1 l.J ~ 1-\0 ~ ~ ~~ C>::e --r '- ~ ..2: ~ a c -~~ ........ -oCi..! I.J;~ -'::;; ~t71; cj') ,~. :.( r:,:~C : );: ~-' j;2 :i:" ~ .-.> = = ..... :;z: o ..c: ~ -I :r::!] mr- -OfT1 -vcr ~:j~~ ~--.~-~ ~~- <,::rn ~ "> "n '< ~ ",. ::r. <2 CJ ~ B SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05676 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KEYES MICHAEL D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KEYES MICHAEL D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KEYES MICHAEL D 12 EAST PINE STREET ENOLA, PA 17025 HOUSE IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 14.40 5.00 10.00 .00 47.40 So answe1:''''' ~ '--'~-';/~/? j'-':.//' .,' k../~r' ~7. /' R. Thomas K~ine Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 11/14/2005 Sworn and subscribed to before me this I X-~!, day of I\!c'Ve.fY'\~J tiJO,,) Prot SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05676 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KEYES MICHAEL D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KEYES KATHY W but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KEYES KATHY W 12 EAST PINE STREET ENOLA, PA 17025 HOUSE IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answer-.8',C? ~!;:~ /,~'<,/ { R./Th~ma;' kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 11/14/2005 Sworn and subscribed to before me liOt\- f'J I..u this D day of L O.JQ.1"\1JX.1 J~' ~r ~ Pro o~J Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff COURT OF COMMON PLEAS Mortgage Electronic Registration Systems, Inc. CNIL DNISION vs. CUMBERLAND COUNTY Michael D. Keyes Kathy W. Keyes NO. 05-5676 CIVIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendants, Michael D. Keyes and Kathy W. Keyes, by first class mail and certified mail to the mortgaged premises, 12 East Pine Street, Enola, P A 17025, and in support thereof avers the following: 1. Attempts to serve Defendants, Michael D. Keyes and Kathy W. Keyes, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, 12 East Pine Street, Enola, P A 17025. As indicated by the Sheriff's Return of Service attached hereto as Exhibit "A", no service was made as the property is vacant. 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of November 28, 2005 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R,C.P. 430 directing service ofthe Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. ~ By: -~ Daniel . Schmieg, Esquire Attorney for Plaintiff Date: November 28, 2005 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. vs. COURT OF COMMON PLEAS CNIL DIVISION CUMBERLAND COUNTY NO. 05-5676 CNIL TERM Michael D. Keyes Kathy W. Keyes MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendants and the reasons why service cannot be made. Note: A Sheriffs retum of "Not Found" or the fact that a Defendant has moved without leaving a new torwarding address is insufficient evidence of concealment. Gonzales VI>. Polis, 238 Pa. Super. 362, 357 A,2d 580 (t976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adootion of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 CFR. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service ofthe Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. BY~ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: November 28,2005 (xl~JA A ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05676 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KEYES MICHAEL D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KEYES MICHAEL D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KEYES MICHAEL D 12 EAST PINE STREET ENOLA, PA 17025 HOUSE IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 14.40 5.00 10.00 .00 47.40 County PHELAN HALLINAN SCHMIEG 11/14/2005 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05676 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KEYES MICHAEL D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KEYES KATHY W but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KEYES KATHY W 12 EAST PINE STREET ENOLA, FA 17025 HOUSE IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So an2'~r.s<? ,~./7 <>;... ' ~.b-,~r ~-'.~~," ......, .,..., _."7>_.;/",,,"- ~/~.-~ - R, Thomas ~ine Sheriff of Cumberland County ---~7 _ PHELAN HALLINAN SCHMIEG 11/14/2005 Sworn and subscribed to before me this day of A.D. Prothonotary - Ghlbl g -----.- -....... FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION FHLMC SKIP TRACE File Number: 125126 Attorney Firm: Phelan. Hallinan & Schmieg, LLP Subject: Michael D. Keyes and Kathy W. Keyes Property Address: 12 East Pine Street, Enola, PA 17025 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT 1NFORMA TlON A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Michael D. Keyes - 487-56-7100 Kathy W. Keyes - 208-38-6248 B. EMPLOYMENT SEARCH Michael D. Keyes and Kathy W. Keyes - A review of the credit reporting agencies provided no employment information. C. lNQUIRY OF CREDITORS Our inquiry of creditors indicated that Michael D. Keyes and Kathy W. Keyes reside(s) at: 12 East Pine Street, Enola, P A 17025. II. lNQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 11 /21/05 our office contacted directory assistance, which could not provide an address or phone number for Michael D. Keyes and Kathy W. Keyes. B. On 11/21/05 our office made a telephone call to, (717) 732-8149, and received the following information: phone number discormected. lII. INQUIRY OF NEIGHBORS On 11/21/05 our office attempted to contact Mrs. Dorothy J. Gamber, (717) 732- 1489, at 7 East Pine Street, EnoJa, P A ] 7025: received an answering machine. Using our White Pages data base our office was unable to locate any additional neighbors of 12 East Pine Street, Enola, P A ] 7025. lV. ADDRESS INQUIRY A. NATIONALADDRESSUPDATE On 1l/21/05 we reviewed the National Address database and found the following information: Michael D. Keyes and Kathy W. Keyes- 12 East Pine Street, Enala, PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Michael D. Keyes and Kathy W. Keyes. VI. OTHER INQUIRIES A. DEATH RECORDS As of 11/21/05 Vital Records and all public databases have no death record on file for Michael D. Keyes and Kathy W. Keyes. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Michael D. Keyes and Kathy W. Keyes residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Michael D. Keyes - not available Kathy W. Keyes - not available * All accessible public databases have been checked and cross-referenced for the above named individuaI(s). * Please be advised all database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. '~~z '~rr5P Ykd-c ccr'f,MONWEALTH OFPENNSYLV/VN"A NOTARIAL SEAL RYAN P GALVIN, Notary PIJlllic City of Philadelphia, Phila. CoooIy Mv CommiSSion Expires DecerOOer 21, ~ AFFIANT - Brendan Booth Full Spectrum Legal Services, Ine. Sworn to and subscribed before me this 21" day of November 2005. fhe <100\'(' informCltioD is obtained from ilvailablc public H'cords I Ei'v! and we are only liable for thl..' ens\ of Ihe dffidavit. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. B~ . Daniel . chmieg, Esquire Attorney for Plaintiff Date: November 28, 2005 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. COURT OF COMMON PLEAS CNIL DNISION Vs. CUMBERLAND COUNTY Michael D. Keyes Kathy W. Keyes NO. 05-5676 CNIL TERM CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. Michael D. Keyes and Kathy W. Keyes at: 12 East Pine Street Enola, P A 17025 The undersigned understands that this statement is made subj ect to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. Date: November 28, 2005 B~:~~ DanierG. Schmieg, Esquire Attorney for Plaintiff ----- . , 4 c:; i\ L',} - PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff vs. MICHAEL D. KEYES KATHY W KEYES Defendants ATTORNEY FORPLAINTITF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 05-5676 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: November 28. 2005 /lef, Svc Dept. File# 125126 P~LINAN & SCHMIEG, LLP '::kt n" By: "~ FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff ';;~?\ :::::-3 ,',", ;.:' ....-,~ ','. C,) c,,:;' ~ IlEe 0 2 2005 Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. vs. CNIL DIVISION NO. 05-5676 CNIL TERM Michael D. Keyes Kathy W. Keyes ORDER AND NOW, this (,~ day of ~ , 2005, upon consideration ofPlaintifi's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Michael D. Keyes and Kathy W. Keyes, by: I. First class mail to Michael D. Keyes and Kathy W. Keyes at the mortgaged premises located at 12 East Pine Street, Enola, PAl 7025; and 2. Certified mail to Michael D. Keyes and Kathy W. Keyes at the mortgaged premises located at 12 East Pine Street, Enola, P A 1702~ . ~ (3) Bo ~ ~ fr f'U ~utJ,.- . B HECO RT: L ,/---': ~ ( ,LY ~D\9 J. a, .-i I' 'I (' ,(; j 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1 'i) 'ifi1-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS vs. : CNIL DNISION MICHAEL D. KEYES KATHYW. KEYES : CUMBERLAND COUNTY Defendant(s) : NO. 05-05676 CNIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BV MAn. PlJRSlJ A NT TO COlJRT OROFR I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons MICHAEL D. KEYES and KATHY W. KEYES at 12 EAST PINE STREET, ENOLA, PA 17025 on OF.CRMBF,R 11,2005, in accordance with the Order of Court dated DECEMBER 6, 2005. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: l)"~"mh"r 11 ?00'i . ~~4~c~Qc~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ....... 0 \ (') = -n = c; '-" ::t.,-, 0.-, "'" .', r'-'! 1"11 f::~ " -Clf'""! -'JC-, <.D ~~~ (' -0 ;-')~ :.;;: .,.~~ ... >- 'j ;,::) r- ---I ~ 0 :....:;; J;- 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 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 () 1~) ~(i1-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Court Of Common Pleas Civil Division vs. Cumberland County Michael D. Keyes Kathy W. Keyes : No. 05-5676 CNlL TERM AFFIDAVTT OF SFRVTeF RY PT ffiT TeA TTON TN ACY-:ORDA NrF WITH rOT TRT ORDFR I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated December 6, 2005 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b )(1) in The Sentinel on De~emher) 1 )OO~ and rllmherbnn T "w TOllmal on De~emher)1 )OO~. . Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~,~+W~ Francis S. Hallinan, Esquire Date: January 4, 2006 Laura Fischer Service Dept. 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 () 1~) ~(i1-7000 ATTORNEY FOR PLAINTIFF ,;;1'.,,_.",..-:. - ",_''-ie,,'.:,'-', MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. Court Of Common Pleas Civil Division vs. Cumberland County ._...>6'" Michael D. Keyes ,~"_~~_...,,,- : No. 05-5676 CNlL TERM Kathy W. Keyes" - f\L€. CO-p'\\ ';i,~Qf\l'l~~ Rf4"lIR~;' . 'J' f'~'CJ'~- ,,' '. .' A FFmA VTT OF SFRVWF RY PTJRT WATTON TN ArrORDANrFrWT1'H f'()TTR1' ORDFR ?:.r J i ."_f? i " I hereby certify that service of the Civil Action Comtrlllilitni'Mm'tgage"F6reclosure was made in accordance with the Court Order dated December 6, 2005 as indicated below: By publication as provided byPa. R.C.P. Rule 430(b)(I) in The Sentinel on De"emher)1 )OO~ and rllmherl"no T"w TOllrnal on De"emher)1 )OO~. Proofs of the ~6~W!\k\HInf!hEM~~~Jhereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ +f,~&t~ Francis S. Hallinan, Esquire Date: January 4,2006 Laura Fischer Service Dept. ... ., PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.I784 COMMONWEALTH OF PENNSYL VANIA 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 j)f.l"Jl4hhh) J\..5 :;<OOS- , 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. ~ SW J.3 TO AND SUBSCRIBED before me this day of _j)R.I'/~/V dOt}>) , ~ A:") .d~"t~~~/1J ;:J,i ,-<".' CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 05-5676 Civil Term MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. MICHAEL D. KEYES KATHY W. KEYES NOTICE TO MICHAEL D. KEYES and KATHY W. KEYES: You are hereby notified that on NOVEMBER 1, 2005, Plaintiff. MORTGAGE ELEcrRONIC REGIS- TRATION SYSTEMS, INC., filed a Mortgage Foreclosure Complaint en- dorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylvania. docketed to No. 05- 5676 CNIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 12 EAST PINE STREET, ENOlA, PA 17025 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend. you must enter a wrttten appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are v.rarned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief n~quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR lAWYER AT ONCE. IF YOU DO NOT HAVE A lAWYER GO TO OR TELEPHONE THE OF: FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A lAWYER, THIS OFFlCE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVo ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUN'IY lAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Dec. 23 2 . PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammv Shoemaker. Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly swom, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of TI-lE SENTINEL on the following day(s) December 21,2005 COPY OF NOTICE OF PUBLICATION -'~"~".~."- """'-__"'T'_..~C' '__ _~.-~~......~.. _o".__.f ~"., ~..... .., ....,,_. NOTIC~ OF ACTION IN MORTGAG~ FOR~CLOSUR~ IN TH~ COURT OF COMMON PL~AS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION. LAW MORTGAGE ELECTRONIC REGISTRATION SYST~MS, INC, V.. MICHAEL D. KEYES KATHY W. KEY~S COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 05-5676-C1VIL TERM NOTIC~ TO MICHAEL D. KEYES and KATHY W" KEYES: You are hereby notified that on NOVEMBER 1..~, Plaintiff, MORTGAGE ) ELECTRONIC REGISTRATION SYSTEMS,INC., flied a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Gourt of Common Pleas of CUMBERLAND County, Pennsylvania, docketed to No. 05-5676-CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 12 EAST PINE STREET, ENOLA, PA 17025 whereupon your property would be sold by the Sheriff of CUMBERLAND County. . You are hereby notified to plead to the above referenced Compla.lnt on or be10re 20 days from the date of this publication or a Judgement will be entered against you. NOTICE If you wish to defend, you must enter a written appearance personalty or by attorney and fU~ your defenses or objections in writing with the court. You are warned that if you fa,r to do so the case may proceed without you and a judgement may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULDTAKETH!SNOTICE 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of pub ication are trUi~~ Swom to and subscribed before me this 21st day of December, 2005. ~~ My commission expires: cl / I {OS' COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chnsbna L. Wolfe, Notary Public Carlisle 80m, Cumbe!\and Coonly My Commission Expires Sept. 1, 2008 Member. Pennsylvania ~"sociatlon Of No1anes ," ~j --n ~;-:: , u.. -r:: c..,_) C) PHELAN HALLINAN & SCHMIEG, L.L.P. ., By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-5676 CIVIL TERM MICHAEL D. KEYES KATHY W. KEYES Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MICHAEL D. KEYES and KATHY W. KEYES, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from i l/l/05 to 2/l/06 TOTAL $87,356.62 $1,241.55 $88,598.17 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. I ~ \tV- - DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:fp.~ I d..f:job I " PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (21 'iJ 'i61-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MICHAEL D. KEYES KATHY W. KEYES : NO. 05-5676 CIVIL TERM Defendants TO: KATHY W. KEYES 12 EAST PINE STREET ENOLA, PA 17025 DATE OF NOTICE: JANUARY 13 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9 I 08 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP . By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71oJ on1-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MICHAEL D. KEYES K.A THY W. KEYES : NO. 05-5676 CIVIL TERM Defendants TO: MICHAEL D. KEYES 12 EAST PINE STREET ENOLA,PA 17025 DATE OF NOTICE: .JANTJARY 13 2006 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 DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-5676 CIVIL TERM MICHAEL D. KEYES KATHYW. KEYES Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he 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 its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MICHAEL D. KEYES is over 18 years of age and resides at ,12 EAST PINE STREET, ENOLA, PA 17025. (c) that defendant KATHY W. KEYES is over 18 years of age, and resides at, 12 EAST PINE STREET, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ '- , SQUlR~ 'C~ ~ ~ ~ ~ III t - ~ l..J r- - ~ \\=. -C. --::t ~ ~ ;Q.. ..c .\) o -J r f- ~ () c ~ ~ '..',:> ~i... ..--1 -f'i :;\:!l r') p Cn. cJ "c.tC') \ >::() ~-.l-~) i").;'-=) T;'. ....(1 _-"~ ->")f C::~, -~~; p- <...'" r -..<; 0'" ------ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SillTE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO, 05-5676 CIVIL TERM MICHAEL D. KEYES KATHY W. KEYES Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on '}:'",~\ ~ J 200 t" By: If you have any questions concerning this matter, please contact: ..--------, I TATION E 1400 ?Jltl e ; __0 L G. SCH EG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBU N 1617 JOHNF. KENNEDY BLVD., S PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THlS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TJON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" /" ~--i~:r51 fJEe 0 2 2005 I ~=~==:J (;; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Mortgage Electronic Registration Systems, Inc. vs. CNIL DNISION NO. 05-5676 CNIL TERM Michael D. Keyes Kathy W. Keyes ORDER AND NOW, this ~.fI-, day of ~ , 2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Michael D. Keyes and Kathy W. Keyes, by: I. First class mail to Michael D. Keyes and Kathy W. Keyes at the mortgaged premises located at 12 East Pine Street, Enola, PA 17025; and 2. Certified mail to Michael D. Keyes and Kathy W. Keyes at the mortgaged premises located at 12 East Pine Street, En01a, PA 1702~' ~ (3) ~~ ~h-~.:.-t-, B HECO RT: J. '" "'0' -'~,hl\ RECORD ""to set my hand ( ',., , (;??fi;sl,~, Pa. . day Ci, k}fl.., (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. Plaintiff, v. No. 05-5676 CIVIL TERM MICHAEL D. KEYES KATHYW.KEYES Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amowlt Due $88,598.17 Interest from 2/1I06 to JUNE 7, 2006 (per diem -$14.56) $1,834.56 and Costs TOTAL $90,432.73 ~. ~-' Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ~-~ <~ b t.1J~;'~ c.y,- ._C. t\:j,l::: OC:" 0": I 'iJ.-IL-L c:.') ;:! l.0 W u-- :r: .,.. .- lJ.- o lnln ~~ 00 r-r- ..... ..... << ~~ << ........ Z 00 \>Oo:S zZ 0 >-1>-1 o~ .... ,,;,,; ,... ~;;. U :;;J ",>-1 "'.... u~ U ~~ ....~ ~'E ' "" .... rJlrJl (~.~ ,...,... ~OO Zoo zZ >-1>-1 >-1 ~ .5 0000 OZ g~ ~~ \>00 Q ~~ "'''' ~~ ,...'" ~~ 0] ~ ~~ '" u~ ,... .. <B ~ ~ "'~ A . ;~ ,...,... O~ ....rJl .; ....~ <t" rJl~ UZ "'Z .. ~~ r..:;;J tSS ~S ~~ ~>-1 00 e~ ~~ u ~~ o Q .......... ~A r..~ i >-1..,." on ;J~ ~,... ~ V> .... <U 8; o~ u .i:j ;;\ .t3 ~" ~ <U ;-::: \ ~ >-1>-1 ~ - .- ~ i:Cl:Q ~ ,...~ Z;J \ ....u . ,0 ..;j' C2 if;; ~ - ~ ~ ::, ~ ~ 't :: ;f-j ::: , ::. ~ - tii .... Cl <:loO()'0 Ci .<:J ~ a~(}4aV1 ~ <J tIl ~ !;: <=I t:l '" '" J ~ .......: ~~ -.". --..;, '9- ~ :4 ....0 c:~ c:;.' c--' -d <U ~ on " ,D 1;;' a on '" '" ~ p. '" \3 ,D ::;: 1 Jl --t '<:1 :] 1 c-( ~ '--j- - 2 -!l r,lI' CVj \)J <-- t-- ~ -- --.J 11 i\ .r-c \). CJ C:{ (J ---,.~_..-_........ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5676 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INc', Plaintiff (s) From MICHAEL D. KEYES AND KATHY W, KEYES (I) 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 GARNlSHEE(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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $88,598,17 L.L. $.50 Interest FROM 2/1/06 TO 6/7/06 (PER DIEM - $14,56) - $1,834,56 AND COSTS Atty's Cormn % Due Prothy $1.00 Atty Paid $150.40 Other Costs Plaintiff Paid Date: FEBRUARY 1, 2006 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 ALL THOSE CERTAIN tracts or parcels of land with the buildings and improvements thereon erected, situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, in accordance with a survey prepared by Ernest J. Walker, Professional Engineer, on March 26,1970: BEGINNING at a point, said point being two hundred eighty and zero tenths (280.0) feet from the southeast comer of South Enola Drive; thence north fifty-nine (59) degrees east a distance of one hundred fifteen and five tenths (115.5) feet to a point on the southwest comer of East Pine Street and a seven and five tenths (7.5) feet wide unopened alley; thence along said unopened alley south thirty-one degrees east a distance of one hundred twenty-five and zero tenths (125.0) feet to a point on a fifteen (15) feet wide unopened alley; thence south fifty-nine (59) degrees west a distance of one hundred fifteen and five tenths (I 15.5) feet to a point; thence on a line between Lot No. 54 and Lot No. 55 north thirty-one (31) degrees west a distance of one hundred twenty-five and zero tenths (125.0) feet to a point, the place of BEGINNING. BEING LOT No. 55, Lot No. 56, and Lot No. 57, on a Plan of Lots laid out by Francis H. Spangler, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland, Pennsylvania, in Plan Book 2, Page 2. HAVING THEREON ERECTED a two and one-half (21,) story dwelling house known as and which has the address of 12 East Pine Street, Enola, Pennsylvania 17025. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record. SUBJECT, NEVERTHELESS, to the reservations and restriction that said lots shall be used only for residential purposes and no building shall be erected thereon within fifteen (15) feet of Pine Street. It is understood and agreed that the restriction to the use of said lot for residential purposes shall not be construed to prohibit the erection and maintenance thereon of a private garage for use in connection with a residence or other auxiliary residential use. BEING THE SAME PREMISES which Charles Edward Shay, Jr., (alk/a Charles E. Shay, Jr. and Patricia J. Shay, his wife, by Deed dated April 4, 1979, and recorded on the 5th day of April, 1979, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 'I', Volume 28, Page 971, granted and conveyed unto Raymond A. Montchal, Grantor herein. Being Parcel # 09-16-1050-052 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael D. Keyes and Kathy W. Keyes, his wife, by Deed from Raymond A. Montchal, dated 10-18-83, recorded 10-19-83 in Deed Book K 30, page 740. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Raymond A. Montchal, single man by Deed from Charles Edward Shay, Jr., also known as, Charles E. Shay, Jr., and Patricia J. Shay, his wife, dated 4-4-79, recorded 4-5-79 in Deed Book 28 I, page 971. Premises: 12 East Pine Street, Enola, P A 19025 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION MICHAEL D. KEYES KATHY W. KEYES NO. 05-5676 CIVIL TERM Defendant(s). CERTIFICA nON DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.s. Section 4904 relating to unsworn falsification to authorities. n . ...~ .:-:::> l'_~ (.:::;-> -n \;2 I ~; ..- 9 ~ '.... -.I: '1'l hie "\l ":~ ~ '-< ,;::~- Cf' ~ ... MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL D. KEYES KATHYW, KEYES NO. 05-5676 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .12 EAST PINE STREET, ENOLA. PA 17025. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL D. KEYES 12 EAST PINE STREET ENOLA, PAl 7025 KATHY W. KEYES 12 EAST PINE STREET ENOLA, PA 17025 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MANUFACTURERS AND TRADERS TRUST COMPANY ONE M&T PLAZA BUFFALO, NY 14240 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION PO BOX 67013 HARRISBURG, PA 17106 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 12 EAST PINE STREET ENOLA, PA 17025 Domestic Relations of Cumberlaud Couuty 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of WeIfare PO Box 2675 Harrisburg, PA 17105 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 30,2006 DATE ~, ';:,~j ,.::"..... --<1 '" C.J I - ?' -'J" - ~? ~ .... ::c..., ,-nr: --otD. ,..;,-..,.' ::~~~ :-1'11 o .--\ -l:>- "':0 :-<, u" - p f MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 05-5676 CIVIL TERM v. MICHAEL D. KEYES KATHY W. KEYES Defendant(s). January 30,2006 TO: MICHAEL D. KEYES 12 EAST PINE STREET ENOLA, PA 17025 KATHYW. KEYES 12 EAST PINE STREET ENOLA, PA 17025 **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 AND THIS DEBT WAS NOT REAFFIRMED, 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 , 12 EAST PINE STREET, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of$88,598.17 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (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: I. The sale will be cancelled 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. 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. .' t 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 Sheriffs 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 ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only jfthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as ifthe 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 , ALL THOSE CERTAIN tracts or parcels of land with the buildings and improvements thereon erected, situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, in accordance with a survey prepared by Ernest J. Walker, Professional Engineer, on March 26, 1970: BEGINNING at a point, said point being two hundred eighty and zero tenths (280.0) feet from the southeast corner of South Enola Drive; thence north fifty-nine (59) degrees east a distance of one hundred fifteen and five tenths (115.5) feet to a point on the southwest corner of East Pine Street and a seven and five tenths (7.5) feet wide unopened alley; thence along said unopened alley south thirty-one degrees east a distance of one hundred twenty-five and zero tenths (125.0) feet to a point on a fifteen (15) feet wide unopened alley; thence south fifty-nine (59) degrees west a distance of one hundred fifteen and five tenths (115.5) feet to a point; thence on a line between Lot No. 54 and Lot No. 55 north thirty-one (31) degrees west a distance of one hundred twenty-five and zero tenths (125.0) feet to a point, the place of BEGINNING. BEING LOT No. 55, Lot No. 56, and Lot No. 57, on a Plan of Lots laid out by Francis H. Spangler, said plan being recorded in the Office ofthe Recorder of Deeds in and for said County of Cumberland, Pennsylvania, in Plan Book 2, Page 2. HAVING THEREON ERECTED a two and one-half (2Yz) story dwelling house known as and which has the address of 12 East Pine Street, Enola, Pennsylvania 17025. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record. SUBJECT, NEVERTHELESS, to the reservations and restriction that said lots shall be used only for residential purposes and no building shall be erected thereon within fifteen (15) feet of Pine Street. It is understood and agreed that the restriction to the use of said lot for residential purposes shall not be construed to prohibit the erection and maintenance thereon of a private garage for use in connection with a residence or other auxiliary residential use. BEING THE SAME PREMISES which Charles Edward Shay, Jr., (alk/a Charles E. Shay, Jr. and Patricia J. Shay, his wife, by Deed dated April 4, 1979, and recorded on the 5th day of April, 1979, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book '1', Volume 28, Page 971, granted and conveyed unto Raymond A. Montchal, Grantor herein. Being Parcel # 09-16-1050-052 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael D. Keyes and Kathy W. Keyes, his wife, by Deed from Raymond A. Montchal, dated 10-18-83, recorded 10-19-83 in Deed Book K 30, page 740. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Raymond A. Montchal, single man by Deed from Charles Edward Shay, Jr., also known as, Charles E. Shay, Jr., and Patricia J. Shay, his wife, dated 4-4-79, recorded 4-5-79 in Deed Book 28 I, page 971. Premises: 12 East Pine Street, Enola, P A 19025 -.., ,::-::..' ;--2::1 c,-. r--" ..." n c;..' o -n -I :-C :!J rl'l I""""G G , "'C) -::= .-):-. - ,-, ":':< :--;:'(1 C/11 ::~: ~;J -< o 0"; . . , PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUlRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FORPLAThITIFF COURT OF COMMON PLEAS CNIL DNISION Cumberland COUNTY No.: 05-5676 CNIL TERM vs. MICHAEL D. KEYES KATHY W. KEYES AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to MICHAEL D. KEYES and KATHY W. KEYES on 2/14/06 at 12 EAST PINE STREET, ENOLA, PA 17025, in accordance with the Order of Court dated 12/6/06 I further certify that Notice of Sheriff s Sale was published in the necessary publications on 2/17/06 in accordance with the Court's Order. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S, s 4904 relating to unsworn falsifica~ritie . 1 Date: March 22, 2006 ,. ~ . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 17,2006 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. \. SWORN TO AND SUBSCRIBED before me this 17 day of February, 2006 dA~~~~,j~,fpA' LOIS E. SNYDER, Notary Public Carlisle Boro. Cumberland County '1v Commission Expires March 5, 20' , . , CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 05-5676 Civil Tenn MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. MICHAEL D. KEYES KATHY W. KEYES NOTICE TO: MICHAEL D. KEYES, KATHY W. KEYES NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ALL THAT following described lot of ground situate, lying and being in TOWNSHIP OF EAST PENNS- BORD, County of Cumberland, Com- monwealth of Pennsylvania. bound- ed and limited as follows, to wit: ALL THOSE CERTAIN tracts or parcels of land with the buildings and improvements thereon erected. situ- ate in the Township of East Penns- boro, County of Cumberland and Commonwealth of Pennsylvania. more particularly bounded and de- scribed as follows, in accordance with a survey prepared by Ernest J. Walker, Professional Engineer, on March 26, 1970: BEGINNING at a point. said potnt being two hundred eighty and zero tenths (280.0) feet from the south- east corner of South Enola Drive; thence north fifty-nine (59) degrees east a distance of one hundred fif- teen and five tenths (115.5) feet to a point on the southwest comer of East Pine Street and a seven and five tenths (7.5) feet wide unopened alley: thence along said unopened alley south thirty-one degrees east a distance of one hundred twenty- five and zero tenths (125.0) feet to a point on a fifteen (15) feet Wide unopened alley; thence south fifty- nine (59) degrees west a distance of one hundred fifteen and five tenths (l15.5) feet to a point.: thence on a line between Lot No. 54 and Lot No. 55 north thirty-one (31) de- grees west a distance of one hun- dred twenty-five and zero tenths (125.0) feet to a point, the place of BEGINNING. BEING LOT No. 55, Lot No. 56, and Lot No. 57, on a Plan of Lots laid out by Francis H. Spangler. said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland. Pennsylva- nia. in Plan Book 2. Page 2. HAVING THEREON ERECTED a two and one-half (2 I/2) story dwell- ing house known as and which has the address of 12 East Pine Street, Enola. Pennsylvania 17025. UNDER AND SUBJECT to aU applicable restrictions, reservations. easements and rights~of-way of record. SUBJECT, NEVERTHELESS, to the reservations and restriction that said lots shall be used only for resi- dential purposes and no building shall be erected thereon within fif- teen (IS) feet of Pine Street. It is understood and agreed that the re~ striction to the use of said lot for residential purposes shall not be construed to prohibit the erection and maintenance thereon of a pri- vate garage for use in connection with a residence or other aux1liary residential use. BEING THE SAME PREMISES which Charles Edward Shay, Jr.. (afkfa Charles E. Shay, Jr,) and Patricia J. Shay. his wife, by Deed 3 / . CUMBERLAND LAW JOURNAL dated Aprll 4, 1979. and recorded on the 5th day of April. 1979, in the Office of the Recorder of Deeds of Cumberland County. Pennsylva- nia. in Deed Book ''1'', Volume 28. Page 971. granted and conveyed unto Raymond A. Montchal, Grantor herein. Being Parcel #09-16-1050-052. TITLE TO SAID PREM1SES IS VESTED IN Michael D. Keyes and Kathy W. Keyes. his wife, by Deed from Raymond A. Montchal. dated 10-18-83. recorded 10-19-83 in Deed Book K 30, page 740. is scheduled to be sold at the Sheriffs Sale on JUNE 7, 2006 at 10:00 am, at the County Court- house, South Hanover Street, Carlisle, PA 17013 to enforce the Court Judgment of 2/1/06, ob~ tained by MORTGAGE ELEC. TRONIC REGISTRATION SYSTEMS, INC., (the mortgagee}, against you. Prop. sit. in the City of TOWN~ SHIP OF EAST PENNSBORO. County of _' and State of Penn- sylvania. Being Premises: 12 EAST PINE STREET, ENOLA, PA 17025. Improvements consist ofresiden- tial property. Sold as the property of MICHAEL D. KEYES, KATHY W. KEYES. TERMS OF SALE: THE HIGHEST AND BEST BID. DER SHALL BE THE BUYER. The purchaser at the sale must take ten (l0%} percent down pay- ment of the bi.d price or of the Sheriffs cost, whichever is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten {IO) days of the sale or the pur- chaser will lose the down money. DANIEL SCHMIEG. ESQUIRE Attorney for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Feb. 17 4 . . PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammv Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Februarv 08, 2006 COPY OF NOTICE OF PUBLICATION - NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5878 CIVIL TERM MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v., MICHAEL D. KEYES KATHYW. KEYES NOTICE TO: MICHAEL D, KEYES, KATHY W. KEYES NOTICE OF SHERIFF'S SALE OF REAL PROPERTY' ALL THAT following described lot of ground situate, lying and being In TOWNSHIP OF EAST PENNSBORO, County of Cumberland, Commonwealth of Pennsylvania, bounded and limited as 1ollows, to wit: ALL THOSE CERTAIN tracts or parcels of land with the buildings and improvements thereon erected, situate in the Township of East Pennsboro, County of Cumberla.nd and Commonwealth of Pennsylvania, more particUlarly bounded and described as follows, in accordance wlth.8 survey prepared by Ernest J. Walker, Professional Engineer, on Marcl126, 1970: BEGINNING at a point, said point being two hundred eighty and zero tenths (280.0) feet from the southeast corner of South Enola Drfve; thence north fifty-nlne (59) degrees east a distance of one hundred fifteen and five tenths (115.5) feet to a point on the southwest comel"of East Pine Street and a seven and five tenths (7.5) feet wide unopened alley; ttlence along said unopened alley south thirty-one degr0e'3 east a distance of one hundred twenty-five and zero tenths (125.0) feet to a po.Jnt on a fifteen (15) feet wide unopened alley, thence south fifty-nIne (59' degrees west a distance of one hundred fifteen Bnd five tenths (115.5) feet to a poInt; thence on a line between Lot No. 54 and Lot No. 55 north thirty-one (31) degrees west Ii distance of one hundred twenty-five and zero tenths (125.0) feet to a point, the place of I BE<<JNNING, BEING lOT No. 55, Lot No. 56, and Lot No. 57, on a Plan of Lots laid out by FrancIs H. Spangler, said plan being recofded in the Office of the Recorder of Deeds in and tor said County of Cumberland, Pennsylvania, in Plan Book 2, Page 2. HAVING THEREON ERECTED, a two and one-half (2 112) story dwemng house known as and which has the address of 12 East Pine Street, Enola, Pennsylvania 17025. UNDER AND SUBJECT to AU AOOnrl'li':aIA l'fl"'rlrtin,..,; rqcAN",fj",... "'........... I laupuas al(L :01 '3UOHlDYHlmb ,InOA ~u1uH1no ~wnS~J pUR J~U~l J~AOO tl XtlJ JO Hew;:) 'Hew ;:)se~ld 'Sfl3UO!ss;:)]OJd JO UJtY.)lltlJss;:)oOTIS tl U!Of OllueM p\rn h::nUffilOddo.l'RU011d;:)::lx:) sNl1l1 P~lSaJQlU1 ~ nOA J1 'lffild uo!ss~uiwO::l1 snuoq 'C pUR slY;:)U~q UflJ gurpnpu1 ;:)~cJ(:Jcd uO~C'3U~WOO ~A!l::mJl:re ue w.Yo pU!lu;:)S ;:)lJ.L 0 ':);>elffi[JOA:\ poJoed~lSgJ '~uf3u;:)llcq::l e U! SQA!llIl pue slIPfs UOPC;)!UOWWO::l guo,ns s;:)ss;)ssod 'uo!sp:.:ud lf1!M.. S){SCl~mnw oqM.. UOSJ:)d q ,~aJmbaJ UO!l!sod S!lJ.L 'uo!s!Al;:)(}ns pl.Ie ;:)t)!Al;:)s J;:)WOlSn::l 'guil.w Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publica tion are true. ~'tf8utmJz,C Sworn to and subscribed before me this 08th day of February 2006. G-hu1JbAai: IA}~~ Notary Pu c My commission expires: 9/r /lJtf COMMONWEALTH OF PENNSYLVANIA Notlrial Seal OIristina L Wolfe, NoIary Public Cariisle Boro. CumberlaIld CoonIy My ~ ExpIres Sept. 1, 2008 Member. Pennayhfania A8socletkln Of Notaries :'>' ".;;..:,) ~.....) 0) () -'1'1 .--\ .'"T' H'1;D. -q ~~.J -n , ::.1 (-l >~"('1 ~:~ :)J ..:. r<, .,;'":" w PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 JohnF. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael D. Keyes Kathy W. Keyes No. 05-5676 Civil Term Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November I, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on February 1,2006 in the amount of$88,598.17. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. The Property is listed for Sheriffs Sale on June 7, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3 I 29.3. 4. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 6/7/06 Per Diem $13.35 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $82,950.04 $4,953.43 $111.87 $1,250.00 $2,022.82 $1,468.40 $27.00 $0.00 $73.50 $0.00 $0.00 $913.93 TOTAL $93,770.99 5. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 6. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: 5/'d /b~ By: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. ATTORNEY FORPLAINTWF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael D. Keyes Kathy W. Keyes No. 05-5676 Civil Term Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 12 East Pine Street, Enola, Pa 17025. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. III. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 {Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments 9 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A2d 319,321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117,282 A2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Realitv Company v. Burns, 414 Pa. 495, 200 A2d 335 (1971). Plaintiff submits that ifit goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In RC.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157,390 A2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: S!S!Vh By: Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, V A 22102 A TfORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DNISION TERM {!;ul{T~ v. NO. OS - ~Io 7(P CUMBERLAND COUNTY MICHAEL D. KEYES KATHY W. KEYES 12 EAST PINE STREET ENOLA, PA 17025 ~ ~:n ~r:n a9 ~~ ~ ~O 9 gm o ~ &" 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 ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, nus OFFICE MAY BE ABLE TO PROVIDE ;~~~~;~~~~ N~G:E~IES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE , PLEAs'~~-'r . , "'.t~ ;{:: . URN Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 (") c: ~ ~OJ rn Defendants ,. " .;12 . it 2.'<... . 1111fa Cf1 ~ CIVIL ACTION - LA W 'A 'RN& {:iJ r> 2. t:; COMPLAINT IN MORTGAGE FORECLOslWE hi'::.:~,~.~." .... Ii ( ., c: NOTICE ~ r...:J c:::. c:::. en :z:: o ..c: I . ( File #: 125126 TftUE COPY FROM RIGlQIlDi 'n r......,........ .... ......,... ; ,OJ .. III ".<< Slid Ccut. c..n~ ". _ ,,--~AQ~~~~~~' ~J- IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERI FI CA TION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE V ALln-:-tIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAfT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. :< , .;.... ;;' . -. - ;',' -.- ....,~ '-.-' ,-. ~1~t00~r~?~~~~f;~~~,~,~-:::'~.-:;:-~" FIle #1:125126 I . Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: M&T MORTGAGE CORPORATION I FOUNTAIN PLAZA, 6TH FLR. PD. BOX 840, NY 14240 BUFFALO, NY 14203 2. The name( s) and last known address( es) of the Defendant( s) are: MICHAEL D. KEYES KATIIY W. KEYES 12 EAST PINE STREFf ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/23/2003 mortgagor( s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1842, Page: 4888. 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 07/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2005 through 10/31/2005 (per Diem $13.35) Attorney's Fees Cumulative Late Charges 10/2312003 to 10/3)/2005 Cost of Suit and Tide Search Subtotal $82,950.04 2,042.55 1,225.00 109.86 $ 550.00 $ 86,877.45 Escrow Credit Deficit Subtotal 0.00 479.17 $ 479.17 TOTAL $ 87,356.62 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of I 974, 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 tenninated 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. 9. TIlls action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WlIEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 87,356.62, together with interest from 10/31/2005 at the rate of $13.35 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 HALLINAN & SCHMIEG, LLP .~~ ~J)J!e-;- By: /slFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File 1#: 125126 LEGAL DESCRIPTION ALL TIIOSE CERTAIN tracts or parcels ofland with the buildings and improvements thereOn erected, situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, in accordance with a survey prepared by Ernest J. Walker, Professional Engineer, on March 26, 1970: BEGINNING at a point, said point being two hWldred eighty and zero tenths (280.0) feet from the southeast comer of South Enola Drive; thence north fifty-nine (59) degrees east a distance of one hundred fifteen and five tenths (115.5) feet to a point on the southwest comer of East Pine Street and a seven and five tenths (7.5) feet wide Wlopened alley; thence along said WlOpened alley south thirty-one degrees east a distance of one hWldred twenty-five and zero tenths (125.0) feet to a point on a fifteen (15) feet wide unopene.d alley; thence south fifty-nine (59) degrees west a distance of one hWldred fifteen and five tenths (115.5) feet to a point; thence on a line between Lot No. 54 and Lot No. 55 north thirty-one (31) degrees west a distance of one hundred twenty-five and zero tenths (125.0) feet to a point, the place of BEGINNING. BEING LOT No. 55, Lot No. 56, and Lot No. 57, on a Plan of Lots laid out by Francis H. Spangler, said plan being recorded in the Office of the Recorder of Deeds in and flro said COWlty of Cumberland, Pennsylvania, in Plan Book 2, Page 2. HAVING THEREON ERECTED a two and one-half (2 1/2) story dwelling house known as and which has the address of 12 East Pine Street, Enola, Pennsylvania 17025. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record. SUBJECf, NEVERTHELESS, to the reservations and restriction that said lots shall be used only for residential purposes and no building shall be erected thereon within fifteen (15) feet of Pine Street. It is understood and agreed that the restriction to the use of said lot for residential purposes shall not be construed to prohibit the erection and maintenance thereon of a private garage for use in connection with a residence or other auxiliary residential use. BEING THE SAME PREMISES which Charles Edward Shay, Jr., (a/k/a Charles E. Shay, Jr. and Patricia J. Shay, his wife, by Deed dated April 4, 1979, and recorded on the 5th day of April, 1979, in the Office of the Recorder of Deeds of Cumberland COWlty, Pennsylvania, in Deed Book 'I', Volume 28, Page 971, granted and conveyed unto Raymond A. Montchal, Grantor herein. 125126 VF.RIFlCA nON hereby states that he/she is VICE PRESIDENT of M & T MORTGAGE CORPORA nON mortgage servicing agent for Plaintiffin,this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhislher knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: IO/~/15 , / JeM Diana Robinson Vice President Exhibit "B" PHELAN HALLINAN.& SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Att8i"iaey (or Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-5676 CIVIL TERM MICHAEL D. KEYES KATHY W. KEYES 0 S ..:;.'" ~~ ~:~j n'I" Defendant(s). ~:: ~":' . S'! de.: PRAECIPE FOR IN REM JUDGMENT FOR FAILURE Ttl: ANSWER AND ASSESSMENT OF DAMAGES ~b .-- c: ;.~ ---l TO THE PROTHONOTARY: -< ~ 0 <=:) <== -n 0' -t"1 :i! f"T1 rn:D co -oS; , :0 cr' 0 _I~-:=l :L " r.- - -n :; 00 2m CS 9 &" ~ 0"\ Kindly enter an in rem judgment in favor of the Plaintiff and against MICHAEL D. KEYES and KATHY W. KEYES, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1111/05 to 2/1/06 TOTAL $87,356.62 $1,241.55 $88,598.17 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: h-b J ~DDb, , PRO PROTHY VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE:~ By: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. ATTORNEY FOR PLAINTWF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael D. Keyes Kathy W. Keyes No. 05-5676 Civil Term Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. Michael D. Keyes 12 East Pine Street Enola, P A 17025 Kathy W. Keyes 12 East Pine Street Enola, P A 17025 DATE: 5/Jh(p By: ~ Ph . & ieg, LLP Michele . Bradford, Esquire Attorney for Plaintiff n c: ~..... ?l~jj (il, 'I Z:..;_. (;1.... -,- '" :..--:.-.. \ ....., <=:::) <=:::) c;:r. :x ;;r- -< o Il :r mFQ -om :\"J,O () .1. :.;:1 Sf' ~:~2 i:~ OrT1 :-~ :l5 -< -u :x ~ I',) 0-, n. ni:~'<~,:'.) , 7 . . : _":~~~~06 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.: Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael D. Keyes Kathy W. Keyes No. 05-5676 Civil Term Defendants RULE AND NOW, this I~~ day of ~ "'f 2006, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ""~ I~'^ ~ A.I'! ' Rule Returnable on the .} day of 2006, at II: 3 () . at the C~W1tyCOurthouse, ~) ~,PennsylVania J. VlNVAlASNN3d I ll\ln(~,rl :,.r".,,::q:/\In'" 1\J,.1\ii \.,! '. . " ',,",.l\' If; V 1 Z =2 Wd 9l ^ VW 900l AtlV10NOH10tJd 3Hl :10 38l.:UQ-(l3ll:l . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. LD. No, 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael D. Keyes Kathy W, Keyes No. 05-5676 Civil Term Defendants CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of June 15, 2006 has been served upon the following persons: Michael D, Keyes Kathy W. Keyes 12 East Pine Street Enola, P A 17025 Date: 5/nJf;(, . PHELAN HALLINAN & SCHMIEG, LLP BY:~ MIchele M, Brad ord, Esquire Attorney for Plaintiff (,; r:,:;: ::> !:::.~ '. . , ,..., "'" = 0"' :% :o.~ -< N (H ~ ~ -""""" ~ ::;:l..,., rr1p:: -'Om ,nt? (;:~(~:') :c:-H ~.1 (~ /-(fl 9 ?P '< <? .r:- <J'\ ~ , SALE DATE: JUNE 7. 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-5676 CIVIL TERM vs. MICHAEL D. KEYES KATHY W. KEYES AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 12 EAST PINE STREET. ENOLA. PA 17025. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each ofthe persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. 5F~ J/ --R~ DANIEL SCHMIEG, ESQ Attorney for Plaintiff June 5, 2006 . ... MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL D. KEYES KATHYW.KEYES NO. 05-5676 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .12 EAST PINE STREET. ENOLA. PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL D. KEYES 12 EAST PINE STREET ENOLA, P A 17025 KATHY W. KEYES 12 EAST PINE STREET ENOLA, PA 17025 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . , ... 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MANUFACTURERS AND TRADERS TRUST COMPANY ONE M&T PLAZA BUFFALO, NY 14240 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION PO BOX 67013 HARRISBURG, P A 17106 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 12 EAST PINE STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. U~ ~h~- DANIEL G. CH , ESQUIRE '. Attorney for Plaintiff January 30. 2006 DATE '--'- O.t\.TE: JonuD ry \3\1 JC{j..D MORTGAGE ELECfRONIC REGISTRATION SYSTEMS, INC. vs. MICHAEL D. KEYES KATHYW.KEYES TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): MICHAEL D. KEYES KATHYW.KEYES PROPERTY: 12 EAST PINE STREET ENOLA, PA 17025 Improvements: Residential dwelling Judgment Amount: $88,598.17 CUMBERLAND COUNTY NO. 05-5676 CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheritrs Sale on JUNE 7, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type oflien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACf YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriffwill file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. I I ~c;ll - - \0 1;== - - - 0 - N I . "or _ ~ W . g- \J't "'z - I C~ it t- "'"... 000 '<,." '" g I ~ - - ~~I~ [Z e:: ~~ f;j ~; t'""'4 !!l,." 0 O~ . 8l~ :;-;: ~ (II tr1 ~ C/l ~ m'" 0 it gg ~=' ." ~ z ~ ~ ~ " ~: .. - ~~g.lfi( 88='0 - i::!!l 8 ~ ~1iBa~ wi!"~_ 8. ~. [ g. ~. ~~~6g !:::r~~~ (Jg.g~:i ;3g.g!r a 2. 0 0 ~. s'.., Il i?' ~ .~ go!...~.o a ~ g eo~' oft~xQ.. ~ -.tit ~ 0 o VJ = = ~~~::s~ i~~i~1 ~i; g. ~.~'i [ Ii ~ '" S. 8-[i:1i i! ~ ~!. ?..,'ge rh~ e;- -~ ii <l '. ~!?:;l ..,r1$~t~~; .g g 0 8- ~~!" ~ ~:. ~'ll ~ _ ~"3::, y _ ~~',', ;;;: ~ g. ~ ~~ ,:,:l~ '.. r;; '" ::I 1i ~' i un ~.a'~ ll. .., Ei . .., i:: OJ 8"2 ~~~l i::r;;.'O n ~ c;;'~ ~ $i~ II == I f-- I I I I I I 1 I I VI I ~ w 00 -J 0'1 I I N - - I I-- - ,..- I ~ I ~ I i ~ 9 8 ~ ~ ~ ;; & ~I~ ~ i ~ ~ 0 ~ ." :>~~ 'TlC/li ..., -'"doo tI1 N tI1 :3 ~ ~ ~ ~ 8 i ~ ~ ~ ~ ~ ; ~I;d C/l ~ ~ ~ &3 ~ tJ t3 ~ ~ i ~ ~ o~> tI1~ ~z~ ;;~;:; '"d 0 :> 0 B 9 ~ ~ 'Tl ~ ~ ~ s ~ :d ~ ~ VI t;; ~ I~ ~ ~ ~ w > ~;l ~ ~ ~ ~ C/l 'Tl ~ G1 ~ F: ~ ~ ::d 0 ~VI ~ ~ ~ ~ 2 :> - E - ~ C/l C/l g ~ tx1 ~ 0'1 ~~ ~ - '"d -J :> := - w I g I I II I I I ~ I t""'11 S. (1) - 0>2: ,"",Q.~ ooQ.E1 ftl ;i! ftl = III ~ Q.1Il= ~ Q. ~ cr CD z c 3 C" CD ., ~ ~~~~ _. ..... (1l tI1 ~-...J'"Ct""' !~~~ Er.'Tjne:: }>'. g~ ~~fit""' .....s~z \08.00> 0'< g. z I.ftoe;Ro ~gd"CI.l ~(i"~n <CI.l;:I; ~~g.~ tI!.lCl.l8o "'Cl= s. ~ ft t""' ~..... t""' ~8 ~ tI!.l t"" ~ C/l :::::: ^ 5 I I I I I I I ~:~ PO.s,..-t.-. _ '!t ~.~ ..~ fez~~~ - . :l -$ 01.52~0~ 02 1A FEB 01 . ... . 000430"~ Zl'COOE "'0' I I I I I I MilEDj I I J - ~~ '- r-...> = c::"..::> c:r" (- ~...=: o -n .-1 -r m:::J r- In CJ , C"\ _ c_'~) ': )-'-' ..>C) ;:5,11 ~~ _'n -< f'\.) 1',) ".. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. J.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael D. Keyes Kathy W. Keyes No. 05-5676 Civil Term Defendants CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of June 15, 2006 has been served upon the following persons: Michael D. Keyes Kathy W. Keyes 12 East Pine Street Enola, P A 17025 Date: (p /S" / tJ{1 I ( PHELAN HA LINAN & SCHMIEG, LLP By: o ~~~ --<. " '" = = 0.... o -n --I :r:.,., f11r= -om :rJc-:) ,:';:(1., .," -T~ ':; ~;~ ijlT1 ~4 ,;t>:' ::0 -< (- c::: -~'t"" -:.,.... I (jI -r.' -'~"'" I)} f".) o Mortgage Electronic Registration Systems, Inc., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5676 Civil Term vs. Michael D. Keyes and Kathy W. Keyes, Defendant ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Law Offices of Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Argument Court to be held on Wednesday, June 15, 2006. Date: June 6, 2006 Dale F. Shugh r Supreme Court . 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 cc: Michele M. Bradford, Esquire, Phelan Hallinan & Schmieg, LLP Michael D. Keyes Kathy W. Keyes 0 "'" 0 = c = "T1 "" :;< c.... =J! c:: rn;::: :z:; , "t'ff"rl CO ~~~ """ ,- I., - ~;:~} 15 ~ ,;.-- If? (2)nl "';:. ..., .:1 w $ -< Mortgage Electronic Registration Systems, Inc., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5676 Civil Term vs. Michael D. Keyes and Kathy W. Keyes, Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Entry of Appearance as Local Counsel was sent to the folowing individuals on the date indicated below. Michael D. Keyes 12 East pine Street Enola, PA 17025 Kathy W. Keyes 12 East pine Street Enola, PA 17025 Date: June 6, 2006 o ~; ,,--" .." , "j "-, "" C~ = 0" <- ~ . m o 'Tl :r" fll;= -nf'T' ";)0 -". ! ~~::-: :;:16 ~jm .'-1 '1~ ..0 '-< ::t:'~"lI :::l: \.0 W .. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIP VS NO. 05-5676 CIVIL TERM MICHAEL D. KEYES and KATHY W. KEYES, Defendants TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDWARD E. GUIDO, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on June 15, 2006, in Courtroom Number 3. APPEARANCES: o",\G\~~\.- DALE F. SHUGHART, JR., Esquire For the Plaintiff ~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 Thursday, June 15, 2006 Carlisle, Pennsylvania 2 3 (The following proceedings were held at 11:45 a.m.:) 4 THE COURT: It appearing to the Court that 5 only Mr. Shughart attorney for Petitioner/Plaintiff has 6 appeared, we will enter the order as proposed. 7 --------- 8 (The proceedings concluded.) 9 --------- 2 . . ._-........ CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. r\j1 ~7 -' ,i !( f)7 / .. 'tandY L. C r ',~ Official Court Reporter ----------------------- The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ,-~t!~' f.frr.(o (.. Date Edward E. Guido, J. 3 ,:~ : \ UJ G \ SCOjl 3H1 ::10 CUll::! IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC.: Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael D. Keyes Kathy W. Keyes No. 05-5676 Civil Term Defendants ORDER AND NOW, this I~~ day of Y , 2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance Interest Through 6/7/06 Per Diem $\3.35 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisaJlBPO MIPIPMI NSF SuspenselMisc. Credits Escrow Deficit $82,950004 $4,953.43 $11 \.87 $1,250.00 $2,022082 $1,468.40 $27.00 $0.00 $73.50 $0000 $0000 $913.93 TOTAL $93,770.99 Plus interest from 6/7/06 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commissio . d in the above figure. J. 3 ~nu,lJ/d (p -(ffl-C(p Jl45 125126 A.L~' "--''''0]/,';1:8 ZS :6 lJiJ 91 t!r.r ~QIJZ 1t,}',.Jl T ^UVJ~~__ 3H1 ::10 JEill::l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 7th day of June A.D., 2006, under and by virtue of a writ Execution issued on the 1st day of Febmary, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 5676, at the suit ofMtg Electronic Reg SYS Inc against Michael D Keyes & Kathy W is duly recorded in Deed Book No. 275, Page 1863. IN TESTIMONY WHEREOF, I have hereunto set my hand -tk and seal of said office this I;} 9 day of y~ , A.D. ex tJOr;, Mortgage Electronic Registration Systems, Inc. VS Michael D. Keyes and Kathy W. Keyes In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5676 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale, and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested, deliver to addressee only, a true copy of the within action to the within named defendants, to wit: Michael D. Keyes and Kathy W. Keyes to their last known address of 12 East Pine Street, Enola, PA 17025. These letters were mailed under the date of February 16,2006. The unopened letters were returned to the Cumberland County Sheriffs Office on March 09, 2006 marked "Unclaimed." Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 05, 2006 at 1 :59 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael D. Keyes and Kathy W. Keyes located at 12 East Pine Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Michael D. Keyes and Kathy W. Keyes by regular mail to their last known address of 12 East Pine Street, Enola, PA 17025. These letters were mailed under the date of April 03, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 07, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$I.00 to Attorney Daniel G. Schmieg for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61. P.O. Box 5000, Vienna, VA 22183-5000, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,384.98. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed $30.00 27.15 15.00 15.00 30.00 Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 10.00 .50 1.00 13.20 10.26 15.00 30.00 653.00 450.80 19.57 25.00 39.50 $1,384.98 / ~ So Answers: ~~~ R. Thomas Kline, Sheriff 7 jJ\jlJt v\ ())-'Jv ~ L.1> jO' V J.~ Ut..6. 'f{ s' 1ft) ~ IYo flt/O WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5676 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From MICHAEL D. KEYES AND KATHY W. KEYES (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $88,598.17 1"1,, $.50 Interest FROM 2/1/06 TO 6/7/06 (PER DIEM - $14.56) - $1,834.56 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $150.40 PlaintifI Paid Other Costs Date: FEBRUARY 1, 2006 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 34 On February 14,2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 12 East Pine Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14, 2006 By: ~ cu:iJ \; (' ct~j ,j~/Iic.oc ( [ Real Estate Sergeant C::;:~:~';1- it;:::;. 01 t4~";'~ -,,,,,. ~. LS =1 d q - all qOOl 'rid 'JdNnu ", . .::J:J/~3HS ~Hl'1;- ItJ.:18Nil:J - ~JO 3Jt-uo MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL D. KEYES KATHY W. KEYES NO. 05-5676 CIVIL TERM Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS~ INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~12 EAST PINE STREET~ ENOLA~ PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL D. KEYES 12 EAST PINE STREET ENOLA, P A 17025 KATHY W. KEYES 12 EAST PINE STREET ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .. 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MANUFACTURERS AND TRADERS TRUST COMPANY ONE M&T PLAZA BUFFALO, NY 14240 PENNSYL VANIA STATE EMPLOYEES CREDIT UNION PO BOX 67013 HARRISBURG, P A 17106 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 12 EAST PINE STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 January 30, 2006 DATE 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. Sec. 4904 relating to unsworn falsification to authorities. ~{ ~hYYvo ------ DANIEL G. CHMI , ESQUIRE (--~ Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 05-5676 CIVIL TERM v. MICHAEL D. KEYES KATHY W. KEYES Defendant(s). January 30, 2006 TO: MICHAEL D. KEYES 12 EAST PINE STREET ENOLA, PA 17025 KATHY W. KEYES 12 EAST PINE STREET ENOLA, P A 17025 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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 ..12 EAST PINE STREET.. ENOLA. PA 17025.. is scheduled to be sold at the Sheriffs Sale on JUNE 7.. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $88..598.17 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS.. INC. (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 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 Sheriffs 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 } ALL THOSE CERTAIN tracts or parcels of land with the buildings and improvements thereon erected, situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, in accordance with a survey prepared by Ernest J. Walker, Professional Engineer, on March 26, 1970: BEGINNING at a point, said point being two hundred eighty and zero tenths (280.0) feet from the southeast comer of South Enola Drive; thence north fifty-nine (59) degrees east a distance of one hundred fifteen and five tenths (115.5) feet to a point on the southwest comer of East Pine Street and a seven and five tenths (7.5) feet wide unopened alley; thence along said unopened alley south thirty-one degrees east a distance of one hundred twenty-five and zero tenths (125.0) feet to a point on a fifteen (15) feet wide unopened alley; thence south fifty-nine (59) degrees west a distance of one hundred fifteen and five tenths (115.5) feet to a point; thence on a line between Lot No. 54 and Lot No. 55 north thirty-one (31) degrees west a distance of one hundred twenty-five and zero tenths (125.0) feet to a point, the place of BEGINNING. BEING LOT No. 55, Lot No. 56, and Lot No. 57, on a Plan of Lots laid out by Francis H. Spangler, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland, Pennsylvania, in Plan Book 2, Page 2. HAVING THEREON ERECTED a two and one-half (2Yz) story dwelling house known as and which has the address of 12 East Pine Street, Enola, Pennsylvania 17025. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record. SUBJECT, NEVERTHELESS, to the reservations and restriction that said lots shall be used only for residential purposes and no building shall be erected thereon within fifteen (15) feet of Pine Street. It is understood and agreed that the restriction to the use of said lot for residential purposes shall not be construed to prohibit the erection and maintenance thereon of a private garage for use in connection with a residence or other auxiliary residential use. BEING THE SAME PREMISES which Charles Edward Shay, Jr., (a/kJa Charles E. Shay, Jr. and Patricia J. Shay, his wife, by Deed dated April 4, 1979, and recorded on the 5th day of April, 1979, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 'I', Volume 28, Page 971, granted and conveyed unto Raymond A. Montchal, Grantor herein. Being Parcel # 09-16-1050-052 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael D. Keyes and Kathy W. Keyes, his wife, by Deed from Raymond A. Montchal, dated 10-18-83, recorded 10-19-83 in Deed Book K 30, page 740. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Raymond A. Montchal, single man by Deed from Charles Edward Shay, Jr., also known as, Charles E. Shay, Jr., and Patricia J. Shay, his wife, dated 4-4-79, recorded 4-5-79 in Deed Book 28 I, page 971. Premises: 12 East Pine Street, Enola, P A 19025 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 SlDce; 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 in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he 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 he 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 S ALE #34 NOTA PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 IIUL..... 8M.E.... 34 .......IIII.NM...,... ...tJ B.II.,.m.""..~I,.. .... .,......,tnc. VS Michael D. Keres end Kalt1y w. K8y'es Attarner 0.... SchmIeg DESC~ ALL lHOSE CERrA1N 1I'aCU or pm:els of land wilh the buildiDgs' and improvements thereon erected, situate in the ThwDIbip of East PeJmsboro, County of ClJm)wIaM and Commonwealth of PeDlHylvalia, BlOl1:. J.lllIIicuIarly bounded and described as 'follows, ,in. aoomIaoce witb a survey prepared by Ernest 1. Walker, Professional Engineer, on MatdJ. 26. 1970: B.EGINNING at a point, said point being two hualbd eigIly 1llid1Jlm tentbs (280.0) feet from Ibe SuliIIIIeastaacr of Soulh EaoIa Drive; Ibence Nordlfifty__ (59) 'deples East a distance of one iluJdedfifteen llIId1ive IlmIbs (115.5) feet to a point QIlIbe SolIIhwat comer of East Pine Street and a seven and five te6 (7.5) feet wide unopened a&y; Ibence along said IIIlOpeIIed alley Soutb, thirty-oae ~. East a distance of one iImdnlllttreuty-five. zero teIlIh; (125.0) feet to a point on a fih (IS) feet wide unoix:ned alley; thence Southfifty-. (59) degrees West a distance of one bunilDJd'fifteen and five tenths (115.5) feet to a poiDt; Ibence on a line between Lot No. 54 and Lot No. 55 North thirty.,one (31) degrees West a distance of .one hundred twenty- five and t.ero teDlbs (125.0) feet to a point, the place ofBEGINNlNG. BEING LOf No. 55, Lot No. 56 and Lot No. 57, on a Plan of Lots laid out by Francis H. Spangler, said plan being recorded in the Office of Ibe ~of Deeds in and for said County of CumberIaod, ~ylvania, in Plan Book: 2. Page 2. HAVING THEREON ERECI'ED a two and one-baIf (2 J $tory dwelling house known as and which bas the ildcftss of 12 East Pine Street, EnoIa, PeDnsyIWllia 17025. lJNDER AND SU1lJECT to all .applicable restriclioDs, ~ and rigbD-of- wayofreoonl. SUBJECT, ~S, to the reseI'VlItiOm and restric:tton that saiiJ lots sballbe used 0DIy fur ~.pIKpoSCS and DO buiIdiIg sbaII be cncted Ibereon witbin fifteen (IS) tectof Pine Street. It is u8derstood and agreed that Ibe resttiction to die use of said lot for residential purposes in.COIIlIeCIioD with a residence or other auxiliary resideDI usel BEING nIB SAME premi$es. wbich 0Blcs Edward Sbay, Jr., aNa Cbd!S1.:_Jr. aad PalB:ia 1. Sbay, bis wife. by Deed dated April 4, 1979, lllId recorded on 'the Slh day of A(wiI. 11fT9, in theQf6ce of the Recorder of Deeds of CumlledmI1 CIluIty, PenMyMaiB. in Deed Book 'I', \blomc 28, ,.971, grauted ancl conveyed uuto..,..A. ~ 0raIIIllr herein. B~fAIIPUfll)-.6-1~2 . 1TI'I;.E msAU> PREMISISis vc:sted 18 MicbIel D.Ieye&~Y W. Keyes. bis wife, by Deed from.Dymcmd A ~ dated 10/, ,~~ ~~in Pald.~ K 30, .. .,'..,. ., ,.. R"',"IiIi! In I rrr t' ......l\;..........(It[[Q... E. $Illy, Jr., ancl Patricia 1. Shay, bis wife, .. ~, teCCllIIed W19 in Deed Book'28 L'" 1fT I. PII3M&!S: 12 East Pine StJeet, Enola, PA llJ02S . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA 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 7, 14,21,2006 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. ..; SWORN TO AND SUBSCRIBED before me this 21 day of April. 2006 ~~4-)L ~A/ '-"",''1<." <'.~'''''''''~--''''fktary''''-''-'' ',_r~..'~._ "w""""",_ . . .. ~~~, 1 "CU . ! ..:. 1 ; - _. - t: ~ """.." '\ -'-~ \' REAL ESTATE SALE NO. 34 Writ No. 2005-5676 Civil Mortgage Electronic Registration Systems. Inc. vs. Michael D. Keyes and Kathy W. Keyes Atty.: Daniel Schmieg ALL THOSE CERTAIN tracts or parcels of land with the buildings and improvements thereon erected, situate in the Township of East Pennsboro. County of Cumberland and Commonwealth of Pennsylva- nia, more particularly bounded and described as follows, in accordance with a survey prepared by Ernest J. Walker, Professional Engineer, on March 26. 1970: BEGINNING at a point, said point being two hundred eighty and zero tenths (280.0) feet from the south- east corner of South Enola Drive; thence north fifty-nine (59) degrees east a distance of one hundred fif- teen and five tenths (115.5) feet to a point on the southwest comer of East Pine Street and a seven and five tenths (7.5) feet wide unopened alley; thence along said unopened alley south, thirty-one degrees east a distance of one hundred twenty- five and zero tenths (125.0) feet to a point on a fifteen (15) feet wide unopened alley; thence south fifty- nine (59) degrees west a distance of one hundred fifteen and five tenths (115.5) feet to a point; thence on a line between Lot No. 54 and Lot No. 55 north thirty-one (31) de- grees west a distance of one hun- dred twenty-five and zero tenths (125.0) feet to a point, the place of BEGINNING. BEING WT No. 55, Lot No. 56, and Lot No. 57, on a Plan of Lots laid out by Francis H. Spangler, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland, Penn- sylvania, in Plan Book 2. Page 2. HAVING THEREON EREcrED a two and one-half (2 1/2) story dwell- ing house known as and which has the address of 12 East Pine Street, Enola, Pennsylvania 17025. UNDER AND SUBJECT to all applicable restrictions. reservations, easements and rights-of-way of record. SUBJECT, NEVERTHELESS, to the reservations and restriction that said lots shall be used only for resi- dential purposes and no ~u~ldifo1g shall be erected thereon wlthm fIf- teen (15) feet of Pine Street. It is understood and agreed that the re- striction to the use of said lot for residential purposes shall not be construed to prohibit the erection and maintenance thereon of a pri. vate garage for use in connection with a residence or other auxiliary residential use. BEING THE SAME PREMISES which Charles Edward Shay, Jr.. (a/k/a Charles E. Shay, Jr. and Patricia J. Shay, his wife, by Deed dated April 4, 1979, and recorded on the 5th day of April, 1979, in the Office of the Recorder of Deeds of Cumberland County, Pennsylva- nia, in Deed Book '1', Volume 28, Page 971, granted and conveyed unto Raymond A. Montchal. Grantor herein. Being Parcel # 09-16-1050-052. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael D. Keyes and Kathy W. Keyes, his wife, by Deed from Raymond A. Montchal, dated 10-18-83, recorded 10-19-83 in Deed Book K 30, page 740. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Raymond A. Montchal, single man by Deed from Charles Edward Shay, Jr., also known as. Charles E. Shay. Jr., and Patricia J. Shay, his wife, dated 4-4-79, re- corded 4-5- 79 in Deed Book 28 1. page 971. Premises: 12 East Pine Street, Enola, PA 19025.