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Home My WebLink About09-2922 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 -V'ivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 192838 ATTORNEY FOR PLAINTIFF METLIFE HOME LOANS A DIVISION OF METLIFE COURT OF COMMON PLEAS BANK NA 4000 HORIZON WAY IRVING, TX 75063 V. Plaintiff CIVIL DIVISION TERM (" V' I NO. d4- al0'? CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 File #: 192838 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 192838 1. Plaintiff is METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/15/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1976, Page 4092. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2008 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 #: 192838 6. The following amounts are due on the mortgage: Principal Balance $196,255.73 Interest $11,444.80 07/01/2008 through 05/07/2009 (Per Diem $36.80) Attorney's Fees $1,300.00 Cumulative Late Charges $258.80 12/15/2006 to 05/07/2009 Mortgage Insurance Premium / $15.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $210,024.33 Escrow Credit $0.00 Deficit $583.23 Subtotal 583.23 TOTAL $210,607.56 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 192838 9. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $210,607.56, together with interest from 05/07/2009 at the rate of $36.80 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. AN & SCHMIEG, LLP By: Lawice T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff File #i: 192838 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Southampton Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in McCulloch Road (S.R. 3002) at corner of Lot No. 7 as shown on a plan of lots hereinafter referred to; thence along said public road, North 31 degrees 03 minutes 29 seconds East, 93.50 feet to a point at corner of Lot No. 9 on said plan; thence by said Lot No. 9 and through a point on line, South 58 degrees 56 minutes 31 seconds East, 138.83 feet to a concrete monument to be place at corner of Lot No. 10 on said plan; thence by said Lot No. 10, South 30 degrees 56 minutes 22 seconds West, 93.50 feet to a point at corner of Lot No. 7 on said plan; thence by said Lot No. 7 and through a point on line, North 58 degrees 56 minutes 31 seconds West, 139.02 feet to a point in McCulloch Road (S.R. 3002) at corner of Lot No. 7 on said plan, being the place of BEGINNING. BEING Lot No. 8 AND CONTAINING 12,990 square feet as per survey entitled 'Subdivision Plan-Timberland Estates-Phase 1. Southampton Township, Cumberland County, Pennsylvania', prepared by Martin and Martin, Incorporated, dated July 28, 2005, with revision, which, together with the necessary municipal approvals, is recorded in the Office of the Recorder of Deeds of Cumberland County, Pa in Plan Book Volume 92, Page 71. BEING the same premises which The Willow Group, LLC, by Deed dated June 28, 2006, and recorded June 30, 2006, in the Office of the Recorder of Deeds in and for the County of File #: 192838 • * . Cumberland, Pennsylvania, in Book 275, Page 2105, granted and conveyed unto Rine Land Development, Inc, Grantors herein. PREMISES BEING: 102 MCCULLOCH ROAD PARCEL NUMBER: 39-14-0169-198 File #: 192838 . VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made Sec. 4904 relating to unsworn falsifications to authorities. DATE: to the penalties of 18 Pa.C.S. "?O OY Plaintiff C RLED-?F;l?CE c ARY OF TR Ppt1 2009 MAY I I AM 10' 23 r['?IN C-3YLVAN% R37y7 W,-,? y?7 ? a ? Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff VS. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-2922 CUMBERLAND COUNTY PHS 4: 192838 PRAECIPE TO SUBSTITUTE VERIFICATION_ TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Atto ey for Plai tiff By: j Lawrence T. Phelan, Esquire 1~'rancis S. Hallinan, Esquire ?- Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Date: 06-26-09 PHS #: 192838 VERIFICATION Mike Fisf;e- t invited Vice President hereby states that he/she is of METLIFE HOME LOANS, servicing agent for Plaintiff, METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, NA, 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. L, Name: DATE: ?o Mike Fisher Title: L, Limited Vice President Company: METLIFE HON,IE LOANS File 4: 192838 Lefaivre Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff VS. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMP40N PLEAS CIVIL DIVISION NO. CIVIL-09-2922 CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 ANTHONY L. FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 Date: 06-26-09 squire ---Francis S. Hallinan, Esquire ?. Phelan Hallinan & Schmieg, LLP Attorne for Plaintiff By: Lawrence T Phelan E Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Fl IJ-U 1 THt: O 2009 JUL - i Pt" 12. 5 2 r"Gl 1 tip N, AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. PHS # 192838 DEFENDANT ALLISON A. LEFAIVRE A/K/A ALLISON ANNE LEFAIVRE ANTHONY L. FLYTHE SERVE ALLISON A. LEFAIVRE A/K/A ALLISON ANNE LEFAIVRE AT: 370 CHANNING DR CHAMBERSBURG, PA 17201-3201 SERVICE TEAM/ in n 'C„ij t mj ~f ~. -> ~_ f 4[. ~C ~> -Y c. ~ COURT NO.: CIVIL-09-2922 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 06/02/2010 _~ 4 -*e r-rz t vt 4 Z'i ~~ ~~ 7 't' ,-~ C~ ~ SER~~VctED ~~11 Served and made known to ( v N a!`7~en dant on the O"' day of~~`~~ , 20¢ !j , at ~.~~ I o' lock M., at a~ W i ~ in manne describ d below: ~fer~ant personally served. C+~-~ ~eu'~ ~vr' ~ , i Adult famil member with whom Defendant(s) reside(s). - Y Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ ManagerJClerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: ,II ff ~ ~ Y~S~S Des ription: AgeI~SZ Height ~ Weight ~ Race W ~ Sex ~ Other I, lac'- h~ 'R'~a c~petent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARIAL SEAL Sworn to and subs ribed~ WGLLE H. CARTY before me this day Notary Pubilc of ~~_, 2 ~ LETTERKENNY TWP, FRANKLIN COUNTY 'T -°TlT My Commfaalon Expires Nov 10, 2011 ,,~~ By: L~~£~ NOT SERVED On the day of , 200_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant -Bad Address No Answer Service Refused Other: Sworn to and subscribed before me this day of ~ By: Notary: _ Moved -Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Iawrence T. Phelan, Fsq., Id. No. 32227 Francis S. Hal6nan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 SheMal R Shah-Jani, Fsq., ld. No. 81760 Jenne R Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Fsq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peer J. Mulcahy, Fsq., Id. No. 61793 Andrew L Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisrovalante P. Fliakos, Fsq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courterwy R. Dung Esq., Id. No. 206779 Andrew C. Bramblett, Fsq., Id. No. 208375 Qne Penn Center at Suburban Station -__~. AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY ~ METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. DEFENDANT ALLISON A. LEFAIVRE A/K/A ALLISON ANNE LEFAIVRE ANTHONY L. FLYTHE SERVE ANTHONY L. FLYTHE AT: 102 MCCULLOCH ROAD SHH'PENSBURG, PA 17257-8222 SERVED C PHS # 192838 ~~~~` ,~ _~~. ~_ ;. SERVICE TEAM/ iin c COURT NO.: CIVIL-09-29~C~ t.~ TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 06!02/2010 1•a c~ a -n fTt cs~ t -v Served and made known to N?'I-}oK ~. • ~t~("r1iE Defe' ~dant on the I~'~'day of ~ t/A 12 , 20d ~ , at 6:04, o'clock. M., at (02 McCu~~oc.l o, S--+pperos ~"~'/, Yri the manner described below: / Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age .30 s Height ~o /b I Weight .Z3o Race ~-R~e~ N~ Other I, 116N'~'C,O ~~ C~- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ~~ ~~ ~o i~ ,~ 1 ~~m Sworn to and subsc bed _ before ~me.t~} 's ~4~da ~'-" of ~ 20~ o . y - (LIMBERLY CURTY ' NOTARY PUBLiC Not By: ~~~~~~ STATE OF NEW fERSEY NOT SERVED 1vtY COMMiSStON EXPittl?S MARCH 7, ?Al3 On the ay o , 200_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address No Answer Service Refused Other: Sworn to and subscribed before me this day of -~ By: Notary: _ Moved _ Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Fsq„ Id. No. 32227 Fra~is S. NaSinan, Fsq„ Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58'145 Sheets! R Shah-Jani, Esq„ [d. No. SI760 Jenine R. Davey, Esq., [d. No. 87077 Lauren R. Tabas, Fsq., Id. No. 93337 Vivek Srivastava, Fsq„ Id. No. 202331 Jay B. Jaws, Esq., Id. Nw 86657 Peter J. Mulcahy, Fsq„ Id. No. 61791 Andrew I.. Spivack. Esq., Id. No. 84439 3aime McGuinness, Esq., ld. No. 90134 Chr{sovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courlenay R Dunn, Esq„ Id. No. 206779 Andrew C. Brambiett, -d. No. 208375 One Penn Center al Subu ~ n Station 1b17 John F. Kennedy BWd„ Suite 1400 Philadelphia, PA 19103-1814 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. Plaintiff COURT OF COMMON PLI+:AS CIVIL DIVISION v. ALLISON ANNE LEFANRE A/K1A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/3012009 to Date of Sale ($35.50 per diem) TOTAL ~c~-y'. op P !~ A Ttrl Q 3 . oo CBI/ '14 . ~8 " 78.50 " a~'~ '~ 31dt.Q$~PD A'T1y $~.oo pie Co Note: Please attach description of property. PHS # 192838 e~ 9~a.~ IZ* o'KIlo33~ TAE I.l~c~.t ~ ci/ NO. CIVIL-09-2922 CUMBERLAND CO!';~',1_,~, ~.~ C-) ca ~ `~ -~ $215,943.56 ~ ~ ,.,c. _! t (~ C:1 15 442.50 ~1 " ~~ =- ~ _~ ,rte .. M! . - .~_ ~~~ cr.. `. $231,386.06 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 3222 ^ Francis S. Hallinan, Esq., Id. No. 62694 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 8175(? ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 20233 s ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 w~ o~ w~ a~ a Oa ~~ O~ o° ~~ O~ UW ~~ ~U d z W a H 0 0 M~1 '~ d O x a ~ ..~ H W a 0 d W Way ~w ~ a~ c~0., ~~A azH Qd 0 ~a v w ~ Oo w O~ w °° ~~ U a a~ ~ ~~`' ? N ~ ~ ~ N QwE"+•~~ w..a~wyQ a~i ~Qf~Q" wzNa O `' Q~~> 3 ~OQ¢~ aQ~,t,~a d~~w cal w N N N ~w'-' H~a a w ~ w a a~> ~~ xw~ ¢~w 0 ~ : ~ ~. M~~ po0 pMN ~o00~iZON O a O O Oz~/Zo~O~N,r ~O O p~ ~ G1z ,.7zZZbzv o o °~ oZZ a.ZZ'~ ... w H y y W .. ~ Vl H O H ~ ~ ww Ow^ ~y "~wXi v; e'~ww d ~~, ~ ~ ;°~ o ~www ~ yw ~ ~~ a '~ a . ~ c ~...awC]~.~cn:;«~?tiaQtiU °UQ Qaooaoaooaaaaaaaaao B18 (Official Form 18) (02/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVA1vIA In re: Debtor(s) (name(s) used by the debtor(s) in the 1as18 years, including married, maiden, and f=ade): Anthony L. Flythe 146 Fayette Street Fayetteville, PA 17222 Chapter 7 Case No. 1:10-bk-02025-RNO Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(s)(if any>: xxx-xx-9407 DISCHARGE OF DEBTOR(S) It appearing that the debtor(s) is entitled to a dischazge, IT IS ORDERED: The debtor(s) is granted a dischazge under section 727 of title 11, United States Code, (the Bankruptcy Code}. BY THE COURT Dated: Ju y 6.2010 ~~ Honorable Robert N. Opel United States Bankruptcy Judge SEE THE BACK OF TIIIS ORDER FOR IMPORTANT INFORMATION. This document is electronically signed and filed on the same date. Case 1:10-bk-02025-RN0 Doc 12 Filed 07/06/10 Entered 07/06/10 01:00:54 Desc Ch 7 Discharge Page 1 of 2 B18 (OfIIcial Form 18) (02/09) Continued EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection ofDischarged Debts Prohibited The dischazge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There aze also special rules that protect certatn community property owned by the debtor's spouse, event that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, ~f that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That re Di. rgeid The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are dischazged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts That are Not Dischargg~d Some of the common types of debts which are ~ discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischazgeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the enact effect of the discharge in this case. Case 1:10-bk-02025-RNO Doc 12 Filed 07/06/10 Entered 07/06/10 01:00:54 Desc Ch 7 Discharge Page 2 of 2 fnldec (09/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) usedby the debtor(s) in the last S years, including married, maiden, and trade): Anthony L. Flythe 146 Fayette Street Fayetteville, PA 17222 Chapter 7 Case No. 1:10-bk-02025-RNO Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(sxif any): xxx-xx-9407 FINAL DECREE The estate of the above named debtor(s) has been fully administered. IT IS ORDERED THAT: Leon P. Haller (Trustee) is discharged as trustee of the estate of the above-named debtor(s); and the chapter 7 case of the above named debtor(s) is closed. BY THE COURT Dated: ~v 6.2010 ~, ,~ Honorable Robert N. Opel United States Bankruptcy Judge This document is electronically signed and filed on the same date. Case 1:10-bk-02025-RNO Doc 13 Filed 07/06/10 Entered 07/06/10 22:00:48 Desc Final Decree Closing Case Page 1 of 1 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. Plaintiff v. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendant(s) Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-2922 CUMBERLAND COUNTY ca ~; CERTIFICATION ~. ~ ~ `~ ~3: r~ --+ - c::° --~ The undersigned attorney hereby states that he/she is the attorney for the Plaintiff i~xle abode captned matter and that the premises are not subject to the provisions of Act 91 because: ~'' ( ) the mortgage is an FHA Mortgage ~ - ~~.. ( ) the premises is non-owner occupied ~ _' (X) the premises is vacant -` ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. a. ~ ~ Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 METLIFE HOME LOANS, A DIVISION OF METLIFE COURT OF COMMON PLEAS BAN N.A. P 'tiff CIVIL DIVISION v. ~ NO. CIVIL-09-2922 ALLISON ANNE LEFAIVRE CUMBERLAND COUNTY A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE PHS # 192838 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222. 1. Name and address of Owner(s) or reputed Owner(s): t Name Address (if address cannot be reasonably <_9; -_.~ „,r. ascertained, please so indicate) ~~' `' --_ - x:' v - t .:J .~•- ALLISON ANNE LEFA1[VRE 146 FAYETTE STREET c . A/K/A ALLISON A. LEFAI(VRE FAYETTEVILLE, PA 17222 - ANTHONY L. FLYTHE 146 FAYETTE STREET - -- ._- FAYETTEVILLE, PA 17222 ~~ _. 4'a; ..~~ 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may ~e affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Allison A. Flythe C/o: Andrew H. Shaw, Esquire Timberland Estates 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 200 South Spring Garden Street; Suite 11 Carlisle, PA 17013-2578 RR 2 Muncy, PA 17759 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. July 30, 2010 ~~~~~~ By: Attorney for Pla iff Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 r 11QETLIFE HOME LOANS, A DIVISION OF METLIFE BANK, COURT OF COMMON PLEAS N.A. CIVIL DIVISION Plaintiff NO. CIVIL-09-2922 vs. CUMBERLAND COUNTY ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE c--, ~ y ~ ANTHONY L. FLYTHE ~ A '~' _ Defendant(s) , ".' ' ~° ~~ ~ - `- i NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~~ TO: ALLISON ANNE LEFAIVRE ANTHONY L. FLYTHE :.> ~ - __ A/K/A ALLISON A. LEFAIVRE 146 FAYETTE STREET • • _ 146 FAYETTE STREET FAYETTEVILLE, PA 17222 ~~~ FAYETTEVILLE, PA 17222 **THLS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 is scheduled to be sold at the Sheriffs Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $215,943.56 obtained by METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 81230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. `57ou may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) aze filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-2922 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. vs. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE owner(s) of property situate in SOUTHAMPTON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 102 MCCULLOCH ROAD. SHIPPENSBURG, PA 17257-8222 Parcel No. 39-14-0169-198 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $215,943.56 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Southampton Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in McCulloch Road (S.R. 3002) at corner of Lot No. 7 as shown on a plan of lots hereinafter referred to; thence along said public road, North 31 degrees 03 minutes 29 seconds East, 93.50 feet to a point at corner of Lot No. 9 on said plan; thence by said Lot No. 9 and through a point on line, South 58 degrees 56 minutes 31 seconds East, 138.83 feet to a concrete monument to be place at corner of Lot No. 10 on said plan; thence by said Lot No. 10, South 30 degrees 56 minutes 22 seconds West, 93.50 feet to a point at comer of Lot No. 7 on said plan; thence by said Lot No. 7 and through a point on line, North 58 degrees 56 minutes 31 seconds West, 139.02 feet to a point in McCulloch Road (S.R. 3002) at corner of Lot No. 7 on said plan, being the place of BEGINNING. BEING Lot No. 8 AND CONTAINING 12,990 square feet as per survey entitled'Subdivision Plan- Timberland Estates-Phase 1. Southampton Township, Cumberland County, Pennsylvania', prepared by Martin and Martin, Incorporated, dated July 28, 2005, with revision, which, together with the necessary municipal approvals, is recorded in the OfFice of the Recorder of Deeds of Cumberland County, Pa in Plan Book Volume 92, Page 71. SUBJECT to all conditions, restrictions and reservations set forth on the above-recited deed and to any other that appear of record. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and enforceable and still applicable to the above-described premises. TITLE TO SAID PREMISES IS VESTED IN Anthony L. Flythe and Allison A. LeFaivre, by Deed from Rine Land Development, Inc., a Pennsylvania Corporation, dated 12/12/2006, recorded 12/20/2006 in Book 278, Page 262. PREMISES BEING: 102 MCCULLOCH ROAD, SI~PPENSBURG, PA 17257-8222 PARCEL N0.39-14-0169-198 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2922 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METLIFE HOME LOANS, a Division of METLIFE BANK, N.A., Plaintiff (s) From ALLISON ANNE LEFAIVRE a/Wa ALLISON A. LEFAIVRE & ANTHONY L. FLYTHE (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 $215,943.56 L.L. Interest from 9/30/09 to Date of Sale ($35.50 per diem) -- $15,442.50 Atty's Comm Atty Paid $:3161.98 Plaintiff Paid Date: 8/5/10 Due Prothy $2.00 Other Costs David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 ?WO61) A, Trent PTS ? AFMAVff OF S=VKZ PLARaW CUNEBEBIJl1 METiM HOME LOANS. A D"VWW OF h9M"R BANS, N.A. PHS # 19W8 DEFENDANT AI.LEM A. LBFAMW AMA ALLISON ANNE LSFAIVRE COMr N0.: QVWA- V t ANTFKm L FLYI'HE sms; AIlmm A. uwAmm Aff/A ALLM ON ANNZ TM OF ACTION L8FARM AT: XZ Nstloe dsherva ask 142 MCAAI.OCH ROAD SALE DATE: 12MM10 SHIP7?SNBdU1tG, PA 171574= Saved sad made 1aowR b De(eadent on the I ST day of S?ePT6nM+?ZO ?> at Lt?cA,olcJockp.hL,at S?b ftg N dy,&.bµ m the amnoar dex=l ed below: V DefuK sat persaaally servod. C #" 8R25 8u Q G, i Adult hwily member with whom Defeadanlo(s) reside(s). Robdouship is Adak in dmp of Deficodtmtk resideace who><efaxed eo give comae sir mimionship. _ Mkt of place of lodging is wbkb De iadaags) reaide(s} _ Agent orperam in charge o(DelendasCs office or usual place of business. _ an officer of said DdmdmWs cony niy. ,,,Other. D.ipum Age Hd& !5'16 ° weight _ I& Race W_ Sex V- Other 1. D (r. a eomposew adult, being duly swore according eo law, depose and Oft that I pasoulAy handed a true and correct copy of the Nabcc g(Shoffs Soh m the m sir as net forth herein issued in the captioned case on the daft and at the address hKUcmatd above. W 64. 15 V ANT . 1U V FW5 T7 C, 4Tt d N fl 1 SG t, j?3 D Swore to, and sabeat'bed '1l? f 7q T D?,F?N D'J?? 1 L?E-S r'd 3'ii 0 C (}N I? t N 4 I . before aie this 1 sr day of 75rPr 2a C"m 6 E,2S Sv", PA- . NOT SERVED On 2Q , at _._,_ o?clodd _. M, Dddm imt NOT FOUND became: Address _ Maned _ Does Not Reside (Not VacW) _ No u at KtiOBERLY OURTY Service Reffised Other fii! 1)Y jv ?V??J;} SwomtDandmbecribed mw' CE}?at^iSSiC??v i'i MIRES tvIARCH 7, 2013 before me this day Of By. Notary: UWMwsrw.,ss„6ard.aW7 Fvrs.nar. X*.ir.r,.rue arrcaso+*&V4,sir.ass iarrsau.rM;sy ndr. ew arrrr..wos.wr.sxs aMYmwiwA bo,ir.r.a m ?susa.?irv,iar.swr? iaaw R Iraq 8?.ri li?f a91 f ' NO i > CD AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. IRS 0192838 DEFENDANT SERVICE TEAM/ tae ALLISON A. LEFAIVRE A/K/A ALLISON ANNE LEFAIVRE COURT NO.: CIVIL-09-2922 ANTHONY L. FLYTHE SERVE ANTHONY L, FLYTHE AT: 146 FAYETIT'E STRELT FAYE4TEVILIA PA 17222 TYPO OF ACTION xx Notice d sh"Wa Sde SALE DATE: IT/8"10 S)ER ? Served and made known to i t . FLYTHE _, Defendant on tbe?'day of &WS 20 1-0- at 41m, o'clock P,. M., at 14A FA4 Pang S in the manner described below: Defendant personally served. F,4y aTTE dt L L E 1 , _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendants residence who refused to give name or relationship. ManagerKnerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other. Description: Ages Height 6 b " Weitght 23 Racdsex -&_ Other 1, kff? 140 Lt- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Nice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed "- - before ipe this _ day K i Pv L ,li L:1 C C,f k"y of _[?'UG . 20 a. NJ1 ';, r , N ST,? ?1 rr ^y a FLSEY NOT SERVED A.1Y C0M-' fl,Nb'C?V ?.., a?(??• 1 RCH'. 2013 L da f ,20_ at ` o'clock M., Defendant NOT FOUND beca7use: V Bad Address _ Moved _ Does Not Reside (Not Vacant) _ No Ans on at at Service Refused Other. Sworn to and subscribed before me this day of ?_. By: Notary( ATIORt?YFORT7.AiNlIFF LAWwsZr'Mlr,n+,ILNw3tlr7 (2) t? n..a.s a r.>ss,rLN.roes c ' --j -71 f f" r CT4 N 9LeeWRaW,1=4aA,1i.N?at ° ? _? t^ JeieRll?Ify„M.NwS)pr ::-? `.."`. ?i raweRYYYr,I?,YN?.r9Sr7 t` " . ' YSwkB?Iwwwa,IU},ILN?]I¢rJl . . °- C-D --' ° IlMr1Milub aA,1LNw p7f1 - ? `.:. ......• -fi r AnhwLik NPI?J&PIL116W ' ' C) -' J???eMRO4.rL NafM31 . ' c-) ? Juba L8MN0%bj,iLNLXPW -C r-rr Am&w c-i? AL W& rrr C C, , rw.y?rAm?.ur? Wsrsn.rrre Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. Plaintiff V. ALLISON ANNE LEFAIVRE AIK/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-2922 PLAINTIFF'S MOTION TO REASSESS DAMAGES 192838 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on May 11, 2009, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on October 1, 2009 in the amount of $215,943.56. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 07 Bankruptcy at Docket Number 1:10-02025 on March 15, 2010. The Bankruptcy was dismissed by order of court dated June 16, 2010. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriff s Sale on December 8, 2010. 6. 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 $196,255.73 192838 Interest Through December 8, 2010 Per Diem $36.29 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $247,709.23 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. 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. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 8, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. $32,301.54 $582.30 $1,850.00 $2,982.00 $79.48 $1,854.50 $90.00 $0.00 $0.00 ($0.00) $11,713.68 192838 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 101111 Phelan Hallinan & Schmieg, LLP By: ) y ? Lawrence to h an, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 dith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 192838 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF Court of Common Pleas METLIFE BANK, N.A. Plaintiff Civil Division V. CUMBERLAND County ALLISON ANNE LEFAIVRE No.: CIVIL-09-2922 A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 192838 I. BACKGROUND OF CASE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE and ANTHONY L. FLYTHE 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. Plaintiff s Note was secured by a Mortgage on the Property located at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222. The Mortgage indicates that in the event of 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. 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 § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 192838 Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank ofPittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 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 A.2d 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 Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it 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 B.C.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 A.2d 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 192838 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. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. 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 192838 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. V. 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 maybe 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. VI. 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 Shoppng` Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten 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 of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 192838 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. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 192838 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. 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. 192838 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: I d 40 By: Phelan Hallinan & Schmieg, LLP U Lawrence T h lan, Esq., Id. No. 32227 ? Francis S. roan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 F-IJudith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 192838 4 Exhi ft 192838 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G.' Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R: Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R, Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn` Center Plaza Philadelphia, PA 19103 215-5634000 192838 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVINE, TX 75063 . Plaintiff V. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 192838 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court.your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to- you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Fite #: 1929M 1. Plaintiff is METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000-HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: ALLISON ANNE LEFAIVRE AlK/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/15/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1976, Page 4092. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2008 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. Ric #: 192838 6. The following amounts are due on the mortgage: Principal Balance $196,255.73 Interest $11,444.80 07/01/2008 through 05/07/2009 (Per Diem $36.80) Attorney's Fees $1,300.00 Cumulative Late Charges $258.80 12/15/2006 to 05/07/2009 Mortgage Insurance Premium / $15.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $210,024.33 Escrow Credit $0.00 Deficit $583.23 Subtotal 583.23 TOTAL $210,607.56 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff' is not seeking a judgment of personal liability (or an in Rersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 192838 9. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $210,607.56, together with interest from 05/07/2009 at the rate of $36.80 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. & SCHMIEG, LLP ar (ll.0S1? LawL%ce T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff Re M 192838 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Southampton Township, County of Cumberland; Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in McCulloch Road (S.R. 3002) at corner of Lot No. 7 as shown on a plan of lots hereinafter referred to; thence along said public road, North 31 degrees 03 minutes 29 seconds East, 93.50 feet to a point at corner of Lot No. 9 on said plan; thence by said Lot No. 9 and through a point on line, South 58 degrees 56 minutes 31 seconds East, 138.83 feet to a concrete monument to be place at corner of Lot No. 10 on said plan;. thence by said Lot No. 10, South 30 degrees 56 minutes 22 seconds West, 93.50 feet to a point at corner of Lot No. 7 on said plan; thence by said Lot No. 7 and through a point on line, North 58 degrees 56 minutes 31 seconds West, 139.02 feet to a point in McCulloch Road (S.R. 3002) at comer of Lot No. 7 on said plan, being the place of BEGINNING. BEING Lot No. 8 AND CONTAINING 12,990 square feet as per survey entitled'Subdivision Plan-Timberland Estates-Phase 1. Southampton Township, Cumberland County, Pennsylvania', prepared by Martin and Martin, Incorporated, dated July 28, 2005, with revision, which, together with the necessary municipal approvals, is recorded in the Office of the Recorder of Deeds of Cumberland County, Pa in Plan Book Volume 92, Page 71. BEING the same premises which The Willow Group, LLC, by Deed dated June 28, 2006, and recorded June 30, 2006, in the Office of the Recorder of Deeds in and for the County of File #: 192838 Cumberland, Pennsylvania, in Book 275, page 2105, granted and conveyed unto Rine Land Development, Inc, Grantors herein. PREMISES BEING: 102 MCCULLOCH ROAD PARCEL NUMBER: 39-14-0169-198 File #: 192838 VERIFICATION Mike Fisher Title: L-Mike Fisher Limited Vice President of METLIFE HOME LOANS, servicing agent for Plaintiff, METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, NA, 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 unworn falsification to authorities. Name- DATE: hereby states that he/she is Limited Vice President Company: METLIFE HOME LOANS File H: 192939 Lefaivre "'?PD Exhibit 192838 Phelan Hallinan & Sehmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivaek, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Pliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Vs, ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Attorney for Plaintiff tan CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No. CIVIL-09-2922 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES. TO THE PROTHONOTARY: a c-? ?a Kindly enter judgment in favor of the Plaintiff and against ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE and ANTHONY L. FLYTHE, 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 Plaintiff's damages as follows: As set forth in Complaint Interest - 05/08/2009 to 09/29/2009 $210,607.56 $5,336.00 TOTAL $215,943.56 I hereby certify that (1) the Defendants' last known FAYETTEVH,LE. PA 17222, and (2) that notice has lien copy attached. l ;s is 146 FAYETTE STREET, in accordance with Rule 237. 1, Francis S. Hallinan, Esquire Daniel G. Schmie& Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire J e Davey, Esquire 'Lauren R. Tabas, Esquir Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ?ol?l? I / PHS # 192838 PROTHONOTARY Exhibit "C", 192838 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: ANTHONY L. FLYTHE Debtor Bk. No. 1:10-bk-02025 RNO METLIFE HOME LOANS, A DIVISION OF Chapter No. 07 METLIFE BANK, N.A. V. Movant Respondent 11 U.S.C. §362 ANTHONY L. FLYTHE and LEON P. HALLER, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. By the Court, 6L.A tf, p jr Dated: June 16, 2010 Robert N. Opel, 1.1, Bankruptcy Judge (ur..) 7hia clocument is eleciro nically signed cvul,fikd can the sine dwe. Case 1:10-bk-02025-RNO Doc l l Filed 06/16/10 Entered 06/17/1007:08:22 Desc Main Document Page 1 of 1 Exhibit "D" 192838 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 5, 2010 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE 146 FAYETTE STREET FAYETTEVILLE, PA 17222 RE: METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. v. ALLISON ANNE LEFAIVRE, A/K/A ALLISON A. LEFAIVRE and ANTHONY L. FLYTHE Premises Address: 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. CIVIL-09-2922 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 10, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ry truly yours, awrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure N ??\ 0o r W ? °? v, A w N O IC 00 -1 ON (A A W N «-- r ?• z fD a rm? b b b ro b a pNp pN N pNp pNp ? W p W W W W C w 00 00 00 00 G- (D •t x ?' y r r r ?Cr ? z ° ° z ° ? z z z z r ? ?R z z c2 rz a . .? z z 7h2 rz a r r r nr ?r ? y a? a? x ? w S N z tA N ! o iv 00 A c? O w ? N R 7 ? th O CS Q ? y o z z a ? r) a Ci b x z o o w ?' Cl7 d ? r r '? ?oC7!R ? ?6o 04 c ~ y 7 ?. , ?. to n z [ y 0 s a g°< d y G7 k., y =5?2 Y "C O z d J ? y ' c P ? pa ?,' N ?. N r i /b ?y c o ?r CO ? ?. K n N P06. 4 4 . o ra.'a. 2 ?O v 01E 4 1 armor O - ri+ i { ' 1 ? (WVES _mw PITNEY B n, $ 02.52° 02 XT05 2010 - - 44? 00 277256 0 ILED FROM ZIP CODE 1 910 3 - MA a. oil fi ? y. 3 5 Cl oatz ? a -00 R CD (ap N a? oc 00 ?- A (%] A O b tT7 a z r r a z C7 r VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP r ,A DATE: I 0 By: ? Lawrence T. he*, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 192838 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF Court of Common Pleas METLIFE BANK, N.A. Plaintiff Civil Division V. CUMBERLAND County ALLISON ANNE LEFAIVRE No.: CIVIL-09-2922 A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendants CERTIFICATION OF SERVICE 192838 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. ALLISON ANNE LEFAIVRE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE ANTHONY L. FLYTHE 146 FAYETTE STREET 102 MCCULLOCH ROAD FAYETTEVILLE, PA 17222 SHIPPENSBURG, PA 17257-8222 ALLISON ANNE LEFAIVRE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE A/K/A ALLISON A. LEFAIVRE 370 CHANNING DR ANTHONY L. FLYTHE CHAMBERSBURG, PA 17201-3201 635 SOUTH CAMDEM AVENUE FRUITLAND, MD 21826 Phelan Hallinan & Schmieg, LLP nn ? DATE: /Dil tJ By: _ ? Lawrence T. P elan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 dith T. Romano, Esq., Id. No. 58745 Z Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 192838 -e PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 12, 2010 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. v. ALLISON ANNE LEFAIVRE, A/K/A ALLISON A. LEFAIVRE and ANTHONY L. FLYTHE CUMBERLAND County CCP, No. CIVIL-09-2922 Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly yours, t Lawrence T. Pfiakdi, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire heetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire 192838 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure cc: ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE 192838 A&AP PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 12, 2010 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE 146 FAYETTE STREET FAYETTEVILLE, PA 17222 RE: METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. v. ALLISON ANNE LEFAIVRE, A/K/A ALLISON A. LEFAIVRE and ANTHONY L. FLYTHE Premises Address: 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. CIVIL-09-2922 Dear Defendants, Enclosed please find Plaintiffs Motion to Reassess Damages, Memorandum of Law in Support thereof, and Certification of Service relative to the above referenced matter that were filed with the Office of the Prothonotary of Cumberland. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very ly o urs , F Lawrence T. hel , Esquire Francis S. Ha man, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Xheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 192838 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. 192838 s ~1LEtl-o~1' icy OF Th~E PROTN4P~4TAR`~' 2Q100CT 19 P~~'TO~d 2010 ~~ pEl~~dSYLVA~ A ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. Plaintiff v. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-2922 No.. Defendants RULE AND NOW, this ~ r day of C'~~it 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. n Rule Returnab~ on the ~ day of 2010, at ~~.~UG . in ~0 Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY i J. l ~:S' rYL c1.6 l'~Gl~ ACL rte, 1,~~~ ~~~ ~~~ 192838 /ofl~f~a ~~~ ',9~$'iBERL{~i~ll~ i;t~uP~T°s` Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. Plaintiff v. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-2922 No.. CERTIFICATION OF SERVICE 192838 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of December 10, 2010 was sent to the following individual on the date indicated below. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE 146 FAYETTE STREET FAYETTEVILLE, PA 17222 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE 370 CHANNING DR CHAMBERSBURG, PA 17201-3201 ANTHONY L. FLYTHE 635 SOUTH CAMDEN AVENUE FRUITLAND, MD 21826 DATE: ~\- a- ~ (~ By: ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE 635 SOUTH CAMDEM AVENUE FRUITLAND, MD 21826 Phelan Hallinan & Schmieg, LLP d-t~s4~~K~a-~ U Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 192838 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS, A DIVISION OF CUMBERLAND COUNTY METLIFE BANK, N.A. Plaintiff, COURT OF COMMON PLEAS V, CIVIL DIVISION ALLISON ANNE LEFAIVRENo.: CIVIL-09-2922 AWA ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or C.ert W,, Mail Return Receipt stamped by the U.S. Postal Service is attached heret9,,E-Aibit "A`y ,°Lawrence / . Xelan, Esq., Id. No. 32227 ? Francis . allinan; Esq., Id. No. 62695 ? Daniel G. Schmieg., Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Da y, Esq., Id. No. 87077 a = ? Lauren R. abas, Esq., Id: No. 93337 Vivek vastava, Esq., Id. No. 202331 ? Jay Jones, Esq.; Id. No. 86657 P er J. Mulcahy, Esq., Id. No. 61791 ndrew L. Spivack, Esq., Id: No. 84439 Jaime McGuinness, Esq., Id. No. 90134 is --°, ?'Chrisovalante P. Fliakos, Esq., Id. No. 94620 u ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn; Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 :Gate: 25 Attorney for Plaintiff f 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 192838 h J C C C C h F C a C) nn "" r rl p ^ . t O C/] ? cam. a M5 3ooOdIZ INOU-40311W4 ooz sLonv 99ZLLZt,000 N V6*Z®? W4 ZO r ro. o Q? _ f` 53NLOE A3Nild ?? ? Y A ,,,? m. •: ti H °• nd / e d f TR - ?'? iE t7 w W v v ?R;w ro A V '-a IR IS ? ?, ?_ y C N O W ° F ` ro ? a.E A ? 3 a' Z '' U N ,.,i ° ti f] V '-' •-• i ? d? o Q .? H-gym ,? a ? w Fw`p.F CG i W a i i d z y O y ? her 1 ? a c.r 44 s Q O a u. a O N ? ? Vl W ° c • " y x+ am p y, M v. d P C N ' O ?..i 0.r ,?,•, t? ?"' 81 ? N) y Z • .h O a O > Q i? d '"'S '...:1 > L '. W C 4 .G t"" O (? m ;b O?? rx 3 N C o "o? FUZ = np L c u . L x00.1 CI ?b? fs, ha „w ? ..Q a .C.. p ? ' ? ? ?^ C •C A '52 O 'Q. O e? O V1 ? L A h1 ap d `? ro y m W q?" „ . O M cl . y 0 Q ?y ? , p y y„ V?C/l N ; w OO O W o° `F .? rrs A U -? U U A A+ x ..? a? '? GT. N x U N U F R:.. H.x i ,n r Z ? •M •M -x ? y ? N M t0 [ 00 O .ter ti .Ma .fir .? o,.v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS, A DIVISION OF Court of Common Pleas METLIFE BANK, N.A. ; Plaintiff Civil Division V. CUMBERLAND County ALLISON ANNE LEFAIVRE No.: CIVIL-09-2922 A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendants ORDER AND NOW, this ?day of ' eCe4,?e-- , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $196,255.73 Interest Through December 8, 2010 $32,301.54 Per Diem $36.29 Late Charges $582.30 Legal fees $1,850.00 Cost of Suit and Title $2,982.00 Sheriffs Sale Costs $79.48 Property Inspections/ Property Preservation $1,854.50 Appraisal/Brokers Price Opinion $90.00 192838 Mortgage Insurance Premium / Private Mortgage Insurance $0.00 Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $11,713.68 TOTAL $247,709.23 Plus interest from December 8, 2010 through the date of sale at six percent per annum.. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T COURT J. O p 7 " -1 CD - r" ) 3 C3 - n 192838 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?.•,r pI tuaGFr?ir? FILED-OFFICE r H,E PiR V i 9J 110 A R Y Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 AP^ I I AM 10: 3" CUMBEr;LA`?0 COWNITY PENNSYLVA!1A Metlife Home Loans A Division of Metlife Bank NA vs. Case Number Allison Anne Lefaivre (et al.) 2009-2922 SHERIFF'S RETURN OF SERVICE 10/18/2010 12:41 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-18-10 at 1240 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Allison Anne Lefaivre & Anthony L. Flythe, located at, 102 McCulloch Road, Shippensburg, Cumberland County, Pennsylvania according to law. 12/08/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 02/01/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 4/4/11. SHERIFF COST: $751.03 SO ANSWERS, April 08, 2011 ROW R ANDERSON, SHERIFF crt? S??a QS-Y -7 76 Goirnt,Sude Shertt. Teeasoit. h-.r,. METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. Plaintiff v. r? ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-2922 CUMBERLAND COUNTY PHS # 192838 AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 146 FAYETTE STREET FAYETTEVILLE, PA 17222 146 FAYETTE STREET FAYETTEVILLE, PA 17222 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of Livery rather person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Allison A. Flythe C/o: Andrew H. Shaw, Esquire Timberland Estates P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 200 South Spring Garden Street; Suite 11 Carlisle, PA 17013-2578 RR 2 Muncy, PA 17759 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. July 30, 2010 r 0 t4CVUL? By: Attorney for Pla iff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, COURT OF COMMON PLEAS N.A. : CIVIL DIVISION Plaintiff : : NO. CIVIL-09-2922 VS. : CUMBERLAND COUNTY ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE . ANTHONY L. FLYTHE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALLISON ANNE LEFAIVRE ANTHONY L. FLYTHE A/K/A ALLISON A. LEFAIVRE 146 FAYETTE STREET 146 FAYETTE STREET FAYETTEVILLE, PA 17222 FAYETTEVILLE, PA 17222 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $215,943.56 obtained by METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-2922 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. vs. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE owner(s) of property situate in SOUTHAMPTON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 Parcel No. 39-14-0169-198 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $215,943.56 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Southampton Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in McCulloch Road (S.R. 3002) at corner of Lot No. 7 as shown on a plan of lots hereinafter referred to; thence along said public road, North 31 degrees 03 minutes 29 seconds East, 93.50 feet to a point at corner of Lot No. 9 on said plan; thence by said Lot No. 9 and through a point on line, South 58 degrees 56 minutes 31 seconds East, 138.83 feet to a concrete monument to be place at comer of Lot No. 10 on said plan; thence by said Lot No. 10, South 30 degrees 56 minutes 22 seconds West, 93.50 feet to a point at corner of Lot No. 7 on said plan; thence by said Lot No. 7 and through a point on line, North 58 degrees 56 minutes 31 seconds West, 139.02 feet to a point in McCulloch Road (S.R. 3002) at corner of Lot No. 7 on said plan, being the place of BEGINNING. BEING Lot No. 8 AND CONTAINING 12,990 square feet as per survey entitled 'Subdivision Plan- Timberland Estates-Phase 1. Southampton Township, Cumberland County, Pennsylvania', prepared by Martin and Martin, Incorporated, dated July 28, 2005, with revision, which, together with the necessary municipal approvals, is recorded in the Office of the Recorder of Deeds of Cumberland County, Pa in Plan Book Volume 92, Page 71. SUBJECT to all conditions, restrictions and reservations set forth on the above-recited deed and to any other that appear of record. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and enforceable and still applicable to the above-described premises. TITLE TO SAID PREMISES IS VESTED IN Anthony L. Flythe and Allison A. LeFaivre, by Deed from Rine Land Development, Inc., a Pennsylvania Corporation, dated 12/12/2006, recorded 12/20/2006 in Book 278, Page 262. PREMISES BEING: 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 PARCEL NO. 39-14-0169-198 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH` OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2922 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METLIFE HOME LOANS, a Division of METLIFE BANK, N.A., Plaintiff (s) From ALLISON ANNE LEFAIVRE a/k/a ALLISON A. LEFAIVRE & ANTHONY L. FLYTHE (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 $215,943.56 L.L. Interest from 9/30/09 to Date of Sale ($35.50 per diem) -- $15,442.50 Atty's Comm % Arty Paid $31,1.q8 Plaintiff Paid Date: 8/5/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 90134 On September 22, 20 1,0 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered as, 102 McCulloch Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-2922 Civil Metlife Home Loans A Division of Metlife Bank NA VS. Allison Anne Lefaivre, aka Allison A. Lefaivre, Anthony L. Flythe Atty.: Daniel G. Schmieg By virtue of a Writ of Execu- tion NO. CIVIL-09-2922, METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. vs. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE, ANTHONY L. FLYTHE, owners of property situate in SOUTH- AMPTON TOWNSHIP, Cumberland County, Pennsylvania, being 102 Mc- CULLOCH ROAD, SHIPPENSBURG, PA 17257-8222. Parcel No. 39-14-0169-198. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $215,943- .56. 75 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Z4( Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That :she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 2009-2922 Civil Term etlife Nome Loans A Division of Oltetllfe Bank NA Vs Allison Anne e Allison A. falvie, aka Anthon L. Flyh e Atty. Daniel G Schhmleg By vine of a Wii CIVIL-09-2922 t of Execution NO. METLIFE HOME LOANS, A DIVISION OF METLIFE vs. BANK, N.A. . ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE owner(s) of prober SOUTHAMP1ON ty situate in Cumberland County, Pennsylvania, t,,ing , (Munici pality) mg 102 MCCULLOCH ROAD, SIHPPENS$IIRG, PA 17257.8222 Parcel No. 39.14-0169-198 (Acreage or street address) Improvements thereon. DWELLING RESIDENTIAL JUDGMENTAMOUNT: $215,943.56 10/15/10 10/22/10 10/29/10 . `47- i ......... Sworn to and subscrit efore me this 10 day of November, 2010 A.D. ?,. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary public lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member ?-nnwvanla Association of Notaries r Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff METLIFE HOME LOANS, A Court of Common Pleas DIVISION OF METLIFE BANK, N.A. Plaintiff Civil Division vs CUMBERLAND County ALLISON ANNE LEFAIVRE A/K/A No. CIVIL-09-2922 ALLISON.A. LEFAIVRE ANTHONY L. FLYTHE Defendant TO THE PROTHONOTARY: VD A U IDU ? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered ONLY. ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended Date: HELAN HLINAN & IEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff PHS # 192838 _T =cza rn =? M. r Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. Plaintiff Attorney For Plaintiff Court of Common Pleas Civil Division vs CUMBERLAND County ALLISON ANNE LEFAIVRE, A/K/A ALLISON A. LEFAIVRE No. CIVIL-09-2922 ANTHONY L. FLYTHE Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: ALLISON ANNE LEFAIVRE AXIA ALLISON A. LEFAIVRE 370 CHANNING DR CHAMBERSBURG, PA 17201-3201 ANTHONY L. FLYTHE 146 FAYETTE STREET FAYETTEVILLE, PA 17222 Date: d-, Melissa J. Cantwe , sq., Id. 912 Attorney for Plaintiff PHS # 192838 r` r.3 73r.n > c rim -A r Z - C7: Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Dana B. Ostrovsky, Esq., Id. No. 83921 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. Plaintiff vs. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. CIVIL-09-2922 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE 411,95 PO AT7y I17OVol o21alp80 J TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN LN & SCHMIEG, LLP By: ? ence T. Phelan, Esq., Id. No. 32227 AID rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew J. Marley, Esq., Id. No. 312314 ? Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 ? Matthew G. Brushwood, Esq., Id. No. 310592 ? Dana B. Ostrovsky, Esq., Id. No. 83921 Attorneys for Plaintiff Date: March 19, 2012 /kpl, Svc Dept. File# 192838 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. Plaintiff vs. 17 A 10 COU F?C6OK PLEAS .kt CIVIL DIVISION CUMBERLAND COUNTY ALLISON ANNE LEFAIVRE A/K/A ALLISON No. CIVIL-09-2922 A. LEFAIVRE ANTHONY L. FL,YTHE Defendants 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. PHELAN By: John SCHMIEG, LLP Kael Kolesnik, Esq., Id. No.308877 for Plaintiff Date: May 16, 2012 /cjv, Svc Dept. File# 192838 OtvA *1- -7150 a'? ?-A U? -7 SQ96 PHELAN HALLINAN & SCHMIEG, LLP TA -t PRO ?ROTt#O? John Michael Kolesnik, Esq., Id. No.308877 OT??F?r 1617 JFK Boulevard, Suite 1400 2012 JUN 29 AM 10= 07 One Penn Center Plaza Philadelphia, PA 19103 AND COUNTY 215-563-7000 MSYLVAMA METLIFE HOME LOANS, A DIVISION OF COURT OF COMMON PLEAS METLIFE BANK, N.A. Plaintiff CIVIL DIVISION VS. : CUMBERLAND COUNTY ALLISON ANNE LEFAIVRE A/K/A ALLISON No. CIVIL-09-2922 A. LEFAIVRE ANTHONY L. FLYTHE Defendants 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. & SCHMIEG, LLP By: 08877 J Mic ael Kolesnik, Esq., Id. N0.3 ttorney for Plaintiff Date: June 25, 2012 /cjv, Svc Dept. File# 192838 S OVA PHELAN HALLINAN &SCHMIEG, LLP John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. Plaintiff vs. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendants r ~l: ~~~ ~`NQ~a TAt~ ~. Z~, Z kUG ~ ~ ~~ r~: 4 ~ ~~ ~~$ Y~D cv~r~r~ rr COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. CIVIL-09-2922 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly .reinstate the Civil Action in Mortgage Foreclosure with reference to the captioned matter. AN &SCHMIEG, LLP By:_ J Kolesnik, Esq., Id. No. 308877 for Plaintiff Date: August 9, 2012 jhk/kpl, Svc Dept. File# 192838 ~~~a~l'a~ ~~o~ f e a~9aa~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~~tit~, of ~iiuiGrF/~r~~ ~, :::., ~;K . ~~,.~ :! rr4 ~~m~2~~ Amended _~, ::'~ A~ 14 P~! 2= ~~~ ~'~~t~~S`~'+ Vii,#;~,. Metlife Home Loans A Division of Metlife Bank NA vs. Allison Anne Lefaivre (et al.) Case Number 2009-2922 SHERIFF'S RETURN OF SERVICE 05/11/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Allison Lefaivre, but was unable to locate her in his bailiwick. He therefore returns the within Complaint In Mortgage Foreclosure as not found as to the defendant Allison Anne Lefaivre. Request for service at 102 McCulloch Road, Shippensburg, Pennsylvania 17257 the Defendant was not found. The Shippensburg Postmaster has advised the defendant has moved and left no forwarding address. An exact address is not available. 05/11/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Anthony L. Flythe, but was unable to locate him in hi bailiwick. He therefore returns the within Complaint In Mortgage Foreclosure as not found as to the defendant Anthony L. Flythe. The Shippensburg Postmaster has advised the defendant has moved to 146 Fayette Street Fayetteville, Pennsylvania 17222. 05/15/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Allison Anne Lefaivre, but was unable to locate her'. his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint Ir Mortgage Foreclosure according to law. 05/15/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Anthony L. Flythe, but was unable to locate him in h bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 06/02/2009 10:12 AM -Franklin County Return: And now June 2, 2009 at 1012 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Anthony L. Flythe by making known unto himself personally, at 146 Fayette Street Fayetteville, PA 17222 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/02/2009 10:12 AM -Franklin County Return: And now June 2, 2009 at 1012 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Allison Anne Flythe by making known unto Anthony L. Flythe, at 146 Fayette Street Fayetteville, PA 17222 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $93.00 SO ANSWERS, ~~i~ September 16, 2009 R ANDERSON, SHERIFF ice; CCUnty$uite Sher',ff. Te!EOS,^,.,`t, In:;:. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~yyt~~titp o1 ~um~~t~i~~ { .~.; ~r~ r ~:. ..:..~~~~~ ,.. ~~ AIlG 24 AM 8~ 5~ ~~~ Metlife Home Loans A Division of Metlife Bank NA vs. Allison Anne Lefaivre (et al.) Case Number 2009-2922 SHERIFF'S RETURN OF SERVICE 07/02/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent sears and inquiry for the within named defendant, to wit: Allison Anne Lefaivre, but was unable to locate her his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 07/02/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent sears and inquiry for the within named defendant, to wit: Allison Anne Lefaivre, but was unable to locate her his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 07/11/2012 Franklin County Return: And now, July 11, 2012 I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Allison Anne Lefaivre the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Franklin and therefore return same NOT FOUND. Request for service at 146 Fayette Street, Fayetteville, Pennsylvania 17222 the Defendant was not found. 07/23/2012 Franklin County Return: And now, July 11, 2012 I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Allison Anne Lefaivre the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Franklin and therefore return same NOT FOUND. Request for service at 307 Channing Drive, Chambersburg, Pennsylvania 17201 the Defendant was not found. SHERIFF COST: $53.00 SO ANSWERS, July 27, 2012 ;i Couo;ySude SI?en'f, Teiecnfl.. nc:. RONf~Y R ANDERSON, SHERIFF 08/22/2012 09:57 7172613882 SHERIFF'S RETURN - NOT FOUND CASE NO: 2012-00160 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN METLIFE HOME LOANS DzV MET LIF VS ALLISON ,ANNE LEFAIVRE I PAGE= 01 / 01 ANGEL L LAV2ENA Deputy Sher7.fP, who being duly swvr according to law, says, that he made a diligent search and inquiry or the within named DEFENDANT to wit: LEFA.zVRE ALLISON ANNE unable tv locate Him in his bailiwick. COMP MORT FORE but He therefore returns the NOT FOUND as the within named DEFENDANT LEFAIVRE ALLISON ANNE 146 FAYETTE STREET FAYETTEVILLE, PA 17222 CURRENT RESIDENT HAS NO OF ALLISON ANNE LEFAIVRE Sheriff's Costs: Docketing Service Affidavit Surcharge -~~ So answer ~: j . 0 0 '~ .oo .00 ANGEL L LAVI A .00 DANE M ANTHONY, Sheriff .00 .00 PHELAN HALLINAN AND SCHMIEG OS/o6/2oi2 Sworn a/nd subscribed to befoxe me this (~' ~--- day of ~___~~ ~~ ~0/ A.D. ~jJ ~ ~•Gt.cCh~, ~~'r e Notary COMMpNWEALTH OF PENNSYLVANIA T Notary Public RICHARD Q. Nl~ RT'~~~ Canty Chambersbur9 ~ Jan. 29, 2015 Nhr Commisalon Expi _ __ _ ___ _ SHERIFF'S RETURN - NOT FOUND CASE NO: 2012-00160 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN METLIFE HOME LOANS DIV MET LIF VS ALLISON ANNE LEFAIVRE ANGEL L LAVIENA Deputy Sheriff, who being duly savor according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: LEFAIVRE ALLISON ANNE but as unable to locate Her in his bailiwick. He therefore returns the COMP MORT FORE , the within named DEFENDANT NOT FOUND as LEFAIVRE ALLISON ANNE 370 CHANNING DRIVE CHAMBERSBURG, PA 17201 PER CURRENT RESIDENT: HAS NO KNOWLEDGE OF to ALLISON ANNE LEFAIVRE So ans ANGEL Surcharge .00 DANE M ANTHONY, Sheriff .00 .00 PHELAN HALLINAN AND SCHMIEG 07/23/2012 Sworn and subscribed to before me this ~ d day of COMMONWEALTH OF?rNNSYLVANIA NOTA?~.~ SEAL ~O A . D . RICHARD D. ~;?_~~:~`~TY, Notary Public ` ~ Chambersburg B:~r~~., Franklin County My Commission F-xpires Jan. 29, 2015 Notar - Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY lLED-~~Fil/ t.}~ r~~ ~€~s~~~o~e~a~~°r ~g~,~t4, ut ~ptrtdrpr~~t0 ~~~~' `°~~ CUMBERLAND COUN~'Y c~Frtt;~,,,r T'.~ ~~~R~F€ PENNSYLVANIA Metlife Home Loans A Division of Metlife Bank NA Case Number vs. 2009-2922 Allison Anne Lefaivre (et al.) SHERIFF'S RETURN OF SERVICE 09/28/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Allison Anne Lefaivre, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 11/07/2012 The requested Complaint in Mortgage Foreclosure served by the Sheriff of Franklin County upon Allison Anne Lefaivre, personally, at 167 Greene Meadow Drive, Chambersburg, PA 17202. Angel L. Laviena, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 November 07, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ir,} ~euntySude Snofi!f.. Teleosatt, Irc. SHERIFF'S RETURN - REGULAR CASE NO: 2012-00266 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN METLIFE HOME LOANS DIV OF MET VS ALLISON ANNE LEFAIVRE ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within REIN COMP MORT FORE was served upon LEFAIVRE ALLISON ANNE the PLAINTIFF at 1015:00 Hour, on the 15th day of October 2012 at ROXBURY TREATMENT CENTER 601 ROXBURY ROAD SHIPPENSBURG, PA 17257 ALLISON ANNE LEFAIVRE by handing to a true and attested copy of REIN COMP MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 ANGEL L .00 .00 By .00 Dep Sheriff .00 10/26/2012 PHELAN HALLINAN AND SCHMIEG Sworn and Subscribed to before me this ~ day of ~-- A . D . Notary ` COMMONWEALTH OF PENNSYLVANIA RICHARD D. McC~~~ry Pubiic My C~o~mmBoro., FrankNn County s Jen. 79, 7015 4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �Q�yttp of��rrrtLr�.#rr�r� Jody S Smith -0:X - Chief Deputy rn r Richard W Stewart cnr Solicitor 'OFFICE OF 7HE$11,S WC > I r-- *AMENDED* -_ Metlife Home Loans A Division of Metlife Bank NA s vs. Case Numbfir Allison Anne Lefaivre(et al.) 2009-2922 SHERIFF'S RETURN OF SERVICE 09/28/2012 Ronny R.Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant,to wit: Allison Anne Lefaivre, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 10/15/2012 10:15 AM-The requested Complaint in Mortgage Foreclosure served by the Sheriff of Franklin County upon Allison Anne Lefaivre, personally, at Roxbury Treatment Center,601 Roxbury Road, Shippensburg, PA 17257. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, November 07, 2012 RbNW ANDERSON, SHERIFF (c)CountySuile Sheriff,Teleosot4 t„C. SHERIFF' S RETURN - REGULAR CASE NO: 2012-00266 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN METLIFE HOME LOANS DIV OF MET VS ALLISON ANNE LEFAIVRE ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within REIN COMP MORT FORE was served upon LEFAIVRE ALLISON ANNE the PLAINTIFF , at 1015 : 00 Hour, on the 15th day of October -, 2012 at ROXBURY TREATMENT CENTER 601 ROXBURY ROAD SHIPPENSBURG, PA 17257 by handing to ALLISON ANNE LEFAIVRE a true and attested copy of REIN COMP MORT FORE together with and at the same time directing Her attention to the contents thereof . Sheriff ' s Costs : So Answers: Docketing . 00 Service . 00 ANGEL L Affidavit . 00 Surcharge . 00 By . 00 Dep Sheriff . 00 10/26/2012 PHELAN HALLINAN AND SCHMIEG Sworn and Subscribed to before COMMONWEALTH OF PENNSYLVANIA NO !AL S me this (o day of RICHARD D.MOCARTY, Notary Public ChBMbersbLq 13oro., Fr n In County rn 7 My commission Expires A.D. NIOn n 29, 2015 Notary U OF THE PROTONOTARY PHELAN HALLINAN,LLP Jonathan Lobb,Esq.,Id.No.312174 2013 APR 16 AM 10: 00 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza CUMBERLAND. COUNTY Philadelphia,PA 19103 PENNSYLVANIA 215-563-7000 METLIFE HOME LOANS, A DIVISION OF COURT OF COMMON PLEAS METLIFE BANK, N.A. Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY ALLISON ANNE LEFAIVRE No. CIVIL-09-2922 A/K/A ALLISON A.LEFAIVRE ANTHONY L.FLYTHE Defendants 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. PHELAN HALLINAN,LLP By: 4�aji' J than Lobb,Esq.,Id. No.31204 ttorney for Plaintiff Date: /ccp, Svc Dept. File# 192838 C9 s� Phelan Hallinan,LLP Attorney For Plaintiff MCD 3+» M''� 1617 JFK Boulevard,Suite 1400 -,= = -um One Penn Center Plaza D N �M Philadelphia,PA 19103 r--x 215-563-7000 3-- >C-) 5C 2 ;. METLIFE HOME LOANS, A DIVISION Court of Common Pleas tv OF METLIFE BANK,N.A. �� Plaintiff Civil Division vs CUMBERLAND County ALLISON ANNE LEFAIVRE No. CIVIL-09-2922 ANTHONY L.FLYTHE Defendant PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 09/17/2012 in Instrument No. 201228347 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. Date: �/J By: Zachary es, E No.310721 tto or laintiff PHS # 192838 Q � q .So� Q - C L N- / 11 bqb � Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A Court of Common Pleas DIVISION OF METLIFE BANK, N.A. Plaintiff Civil Division vs CUMBERLAND County ALLISON ANNE LEFAIVRE No. CIVIL-09-2922 ANTHONY L. FLYTHE Defendant PRAECIPE TO'MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the.judgment in the above-captioned matter to the use of FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION"), located 14523 SW MILLIKAN WAY SUITE 200 B)EA)VERTON, OR 97005 Date: �! l PHWsN� By: Zac0721 PHS #192838 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of FANNIE MAE ("FEDERAL NATIONAL MORTGAGE AS/SOOCIATION"). Date: ( y PHELAN HALL N, P By: Zachary es, No.310721 tto f Plaintiff PHS 9 192838 Phelan Hallman,LLP Attorney for Plaintiff . . 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza .Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF Court of Common Pleas METLIFE BANK,N.A. Plaintiff Civil Division V. CUMBERLAND County ALLISON ANNE LEFAIVRE No. CIVIL-09-2922 ANTHONY L. FLYTHE Defendant PHS # 192838 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe to mark. judgment to FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: ALLISON ANNE LEFAIVRE 2780 FRANCIS SCOTT KEY HWY TANEYTOWN, MD 21787 ANTHONY L. FLYTHE 146 FAYETTE ST FAYETTEVILLE, PA 17222-1157 Date: ` �` PHELAN INAN P By: Zach Jon d.No.310721 A y r Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson `+ { �, Sheriff iy PRC 1 01 f Jody S Smith ��,�sx�a,�l � Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor 07PifE,CcTill- (ERIE= PENNSYLVANIA Metlife Home Loans A Division of Metlife Bank NA Case Number vs. Allison Anne Lefaivre(et al.) 2009-2922 SHERIFF'S RETURN OF SERVICE 0510112013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Anthony L. Flythe, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 102 MCculloch Road, Southampton Township, Shiippensburg, PA 17257. Residence is vacant and the Shippensburg Postmaster confirms that the defendant is not known at the address provided. SHERIFF COST: $55.60 SO ANSWERS, May 07, 2013 RbNW R ANDERSON, SHERIFF (C)CountySulte She6f(,Toleosoft,lnc. f OF THE PpbTH ONO TA Phelan Hallinan,LLP 2013,JUN .14' AK 10: 39 1.61.7 JFK Boulevard,Suite 1400 One Penn Center Plaza CUMBERLAND 00001 TY Philadelphia,PA 19103 PENNSYLVANIA 215-563-7000 Attorney for Plaintiff FANNIE MAE("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") Plaintiff Civil Division vs. CUMBERLAND County ALLISON ANNE LEFAIVRE No. CIVIL-09-2922 ANTHONY L. FLYTHE Defendants MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, ANTHONY L. FLYTHE, by first class mail to ANTHONY L. FLYTHE at the last known address, 146 FAYETTE ST, FAYETTEVILLE, PA 17222-1.157 and the mortgaged premises, 1.02 MCCULLOC14 ROAD, SHIPPENSBURG, PA 17257-8222; posting of the mortgaged premises, 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 1.7257-8222; and publication pursuant to Pa. R.C.P.430, and in support thereof avers the following: 1. Attempts to serve Defendant,ANTHONY L. FLYTHE, personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 1.02 MCCULLOCH ROAD, SHIPPENSBURG, PA 1.7257-8222. As indicated by the Return of Service,no service was made as the said address is vacant. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "A". 192838 2. The Sheriff of FRANKLIN County attempted to serve the Defendant at the last known address, 146 FAYETTE STREET, FAYETTEVILLE, PA 1.7222-1157. As indicated by the Return of Service, no service was made as the Defendant does not reside at said address. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "B". 3. The Plaintiff's Process Server attempted to serve the Defendant at 635 SOUTH CAMDEN AVENUE, FRUITLAND, MD 21826-1.505. As indicated by the Affidavit of Service, no service was made as the Defendant does not reside at said address. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof, and marked as Exhibit "C". 4. The Plaintiff's Process Server attempted to serve the Defendant at 2780 FRACIS SCOTT KEY HIGHWAY, TANEYTOWN,MD 21787-1906. As indicated by the Affidavit of Service,no service was made as the Defendant does not reside at said address. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof, and marked as Exhibit "D". 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto, made part hereof,and marked as Exhibit "E". 6. Plaintiff contacted the Prothontary's Office and as of JUNE 4, 2013, no Judge has previously entered a ruling in this case. 192838 7. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on JUNE 4, 2013. and requested Defendant's concurrence. Plaintiff did not receive any written response frorn the Defendant. A true and correct copy of Plaintiffs JUNE 4, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit T". 8. Plaintiff has reviewed its internal records and has not been contacted by the Defendant to bring loan current. 9. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Respectfully submitted, PHELAN HALLINAN, L Date: By: Phelan lfllinan,LLP Justin FfKobeski, Esq., Id. No.200392 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia,PA 191.03 21.5-563-7000 192838 Phelan Hallman,LLP 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza Philadelphia,PA 19103 21.5-563-7000 Attorney for Plaintiff FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") Plaintiff Civil Division vs. CUMBERLAND County ALLISON ANNE LEFAIVRE No. CIVIL-09-2922 ANTHONY L. FLYTHE Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT I. FACTUAL BACKGROUND Attempts to serve Defendant,ANTHONY L. FLYTHE, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 1.02 MCCULLOCH ROAD, SHIPPENSBURG,PA 17257-8222. The Sheriff of FRANKLIN County attempted to serve the Defendant at 146 FAYETTE STREET, FAYETTEVILLE, PA 17222-11.57. The Plaintiff's Process Server attempted to serve the Defendant at 635 SOUTH CAMDEN AVENUE, FRUITLAND,MD 21826-1505 and 780 FRACIS SCOTT KEY HIGHWAY, TANEYTOWN, MD 21787-1906. 192838 As indicated by the Return of Service and Affidavit of Service, no service was made. Pursuant.to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendant to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a)specifically states: 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 defendant and the reasons why service cannot be made. Pa.R.C.P.430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. 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. Id. at 430(a)n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. 192838 In the instant case, as indicated by the Return of Service and Affidavit of Service, the Sheriff and Plaintiff's Process Server has been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail,posting, and publication. III. CONCLUSION As indicated by the Return of Service and Affidavit of Service, the Sheriff and Plaintiff's Process Server has been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Respectfully submitted, PHELAN HALLINAN, L P Date: By: Just n F obeski,Esq.,Id.No.200392 Attor for Plaintiff 192838 Exhibit "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i !fir i;�-0� � � i v Sheriff CF PEE PROTHO BC }F+P Lr�n�ttlr��t�d Jody S Smith �y rxrx Chief Depute' `' 2013 i `87 3- Richard w Stewart w'-', CUMBERLAND COUNTY Solicitor a«.c cFTf{=..;k=aiFF PENINSYLVARlA Metiife Home Loans A Division of Metiife Bank NA Case Number vs. . Allison Anne Lefaivre let al.) 2009-2322 . i SHERIFF'S RETURN OF SERVICE I 05/01/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Anthony L. Flythe, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 102 MCculloch Road, Southampton Township,Shiippensburg, PA 17257. Residence is vacant and the Shippensburg Postmaster confirms that the defendant is not known at the address provided. SHERIFF COST: $55.60 SO ANSWERS, May 07, 2013 RON R ANDERSON,SHERIFF i {ci CounrySu3lc S1%C0.TdMGOA,ine. . Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff (1F THE PROTNONOTAR �ox0jv of Ca13brrt Jody S Smith : 2013 MAR -8 AM 10, 13 Chief Deputy Richard W Stewart Solicitor OFFICE DFTwESHERIFF CUMBERLAND COUNTY PENNSYLVANIA Metlife Home Loans A Division of Metlife Bank NA Case Number vs. Allison Anne Lefaivre(et al.) 2009-2922 SHERIFF'S RETURN OF SERVICE 02/11/2013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:Anthony L. Flythe, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 02/25/2013 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Franklin County,the within named Defendant Anthony L. Flythe,not found.Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. Current tenant states that she moved to residence a year ago;does not know defendant;gets mail. SHERIFF COST:$37.00 SO ANSWERS, March 06,2013 RON R ANDERSON, SHERIFF I (c;CountySuite Sheriff,Telcosott,Inc. SHERIFF' S RETURN - NOT FOUND CASE NO: 2013-00040 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN METLIFE HOME LOANS ET AL VS ANTHONY FLYTHE DANE M ANTHONY Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: FLYTHE ANTHONY but was unable to locate Him in his bailiwick. He therefore returns the COMP• MORT FORE NOT FOUND as to the within named DEFENDANT , FLYTHE ANTHONY 146 FAYETTE STREET FAYETTEVILLE, PA 17222 CURRENT TENANT STATES SHE MOVED TO RESIDENCE A YEAR AGO; DOES NOT KNOW DEFENANT; GETS MAIL Sheriff ' s Costs: So aM -.' : Docketing . 00 Service , 00 Affidavit . 00 D 1'HO Surcharge . 00 DANE M ANTHOINY, Sheriff . 00 . 00 PHELAN HALLINAN AND SCHMIEG 02/25/2013 Sworn and subscribed to before me this a 5-4 day of A.D. CO MONWEALTH OF PENNSYLVANIA RICHARD D.MWAM,Notary Public eoro•, ftnain County Nota My Con *dm Jan.29,2015 Exhibit "C" AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY .N4ETLIFE HOME LOANS,A DIVISION OF METLIFE BAND,N.A. PHS#192838 DEFENDANT SERVICE TEAM/irm ALLISON A.LEFAIVRE A/K/A ALLISON ANNE LEFAIVRE COURT NO.:CIV.II.-09-2922 ANTHONY L.FLYTHE I SERVE ANTHONY L.FLYTHE AT: TYPE OF ACTION 635 SOUTH CAMDEN AVENUE XX Mortgage Foreclosure FRUITLAND,MD 21826 XX Civil Action SERVED Served and made known to ANTHONY L.FLYTHE ..Defendant on the._day of. ,20 at ,o'clock_.M„at in the manner described below: _Defendant personally served. Adult family member with whom Dcfendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, a competent adult,being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 20_. Notary: By: &dly IVOT SE RV .'I the of V 20�,g�at o clb k .M.:i, �j)(V-c iitpet mt adult hereby state that Def'encl .t~Ot �eeause: Vacant _Does Not Exist _Moved �oes Not Reside(Not Vacant) _ No Answer on at at Service Refused Other: Sworn to lti-1,.St b5ci itacd. before ie this W9 .ay Mil.lt'y: Chrisovalante P.Fliakos,Esq.,Id.No.94620 A`1 ()I2NEl°I?()it:P.Li�TIVq;J'.I f itce T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 raa is'S.I-Iallinan,Esq.,Id.No.62695 Allison F.Wells,Esq.,Id.No.309519 ,Daniel G.Schmieg,Esq..Id.No.62205 Melissa J.Cantwell,Esq.,Id.No.308912 Michele M.Bradford,Esq.,Id.No.69849 Mario J.Ilanyon,Esq.,Id.No.203993 T,' '+r�`Tc�iocR.T7avey,Esg9Id Noo870775 Robe t W.Marley,sick,Esq.,Id.No.80193 4 t ; ' Iu3ren R.Tabas,Esq.,Id.No.93337 John M.Kolesnik,Esq.,Id.No.308877 ihy B.Jones,Esq.,Id.No.86657 Matthew G.Brushwood,Esq..id.No.310592 My Commiss"m EXp.1CpeS 5112120.3 J* did i.L.Spivack,Esq.,Id.No.84439 Zachary J.Jones,Esq.,Id.No.310721 Justin F.Kobeski,Esq.,Id.No.200392 "z',� 'J+�.£rn 1�4, •�„�; One Penn Center 31 Suburban Station Exhibit "D" AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY METLIFE HOME LOANS,A DIVISION OF METLIFE BANK,N.A. PHS#192833 DEFENDANT SERVICE TEAM/irm ALLISON A..LEFAIVRE A/K/A ALLISON ANNE LEFAIVRE COURT NO.: CIVIL-09-2922 ANTHONY L.FLVTHE SERVE ANTHONY L.FLYTHE AT: TYPE OF ACTION 2780 FRANCIS SCOTT KEY HWY XX Mortgage Foreclosure TANEYTOWN,MD 21787-1906 XX Civil Action SERVED Served and made known to ANTHONY L.FLYTHE ,Defendant on the_day of 20 at ,o'clock_.M.,at in the manner described below: _Defendant personally served. Adult family member with whom Defendam(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company.. Other:, Description: Age Height Weight Race . Sex Other I,, .,a competent adult,being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Foreclosure Complain t.in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 20_. Notary: By: ` NOT S RV D. � 1p A1On(lie day of d '20.W at;P ) ocluekp t addlther4y.statc-that � Defendat ., O Vacant Does Not Exist Moved I/ Does Not Reside(Not Vacant) No Answer on. ai at Service Refused Other: Sworn tra,Ind st bscribed bnfot` �7c t7iis d6y' of� � BY: Notary: ATTOItNLY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan.Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Wells,Esq.,Id.No.309519 G Daniel G.Schmieg,Esq..Id.No.62205 Melissa J.Cantwell,Esq.,Id.No.308912 /J• Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 Judith T.Romano,Esq.,Id.No.58745 Andrew J.Marley,Esq.,.ld.No.312314 R.Davey.Esq..Id.No.87077 Robert W.Cusick,Esq.,Id.No.80193 My Commissim Exiles 51 s 7f, uni 11 Tabas,Esq.,Id.No.93337 John M.Kolesnik,Esq.,Id.No.308877 �ATA � fi'Toues,Esq.,Id.No.86657 Matthew G.Brushwood,Esq.,Id.No.310592 AAj*n t AAi,.Spi vack,Esq.,Id.No.84439 Zachary J.Jones,Esq.,Id.No.310721 Justin F.Kobeski,Esq.,Id.No.200392 t{ One Penn Center at Suburban Station Exhibit "E" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 192838 Attorney Firm: Phelan,Hallinan&Schmieg,LLP Subject: Allison Arnie Lefaivre&-Anthony L.Flythe Current Address: (Allison Anne Lefaivre) 167 Greene Meadow Drive,Chambersburg, i'A 17202 Property Address: 1.02 McCulloch Road,Shippensburg, PA 17257 Mailing Address: (Allison Anne Lefaivre)1.67 Greene Meadow Drive,Chambersburg,PA 17202 Possible Mailing Address: (Anthony L.Flythe)146 Fayette Street,Fayetteville,:PA 17222 1.CREDIT INFOWMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Allison Anne Lefaivre-xxx-xx-4296 Anthony L.Flythe-xxx-xx-9407 B. EMPLOYMENT SEARCH Allison Artne Lefaivre&Anthony L.Flythe-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Allison Anne Lefaivre reside(s)at: 1.67 Greene Meadow Drive,Chambersburg,PA 17202&Anthony L. Flythe.reside(s)at: 102 McCulloch Road, Shippensburg,PA 17257. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for Allison Anne Lefaivre&Anthony L.Flythe. B. On 01-30-13 our office made a telephone call to a possible phone number of the subject(s) (240)357-1386 and received the following information: wrong number.On 01-30-13 our office made a telephone call to a possible phone number of the subject(s)(71.7)532-5940 and received the following information:not in service. III.INQUIRY OF NEIGi IBORS On 01-30-13 our office made several phone calls in an attempt to contact Holly C.Peck(717) 300-3414,106 McCulloch Road,Shippensburg,PA 17257:answering machine. On 01-30-13 our office made several phone calls in an attempt to contact Christina L.Yoder (717)532-3396,108 McCulloch Road,Shippensburg,PA 17257:answering machine. On 01-30-13 our office made several phone calls in an attempt to contact Melinda R.Snyder (717)532-3539,110 McCulloch Road,Shippensburg,PA 17257:answering machine. On 01-30-1.3 our office made a phone call in an attempt to contact Dennis L.Barnhart(717) 263-5952,180 Greene Meadow Drive,Chambersburg,:PA 17202:spoke with an unidentified Female who confirmed that Allison Anne Lefaivre res.i.de(s)at:167 Greene Meadow Drive, Chambersburg,PA 17202. On 01-30-13 our office made several phone calls in an attempt to contact Brian J.Newcomer (717)352-8180,148 Fayette Street,Fayetteville,PA 17222:answering machine. On 01-30-13 our office made several phone calls in an attempt to contact Benjamin M.Deluca (717)401-0273,134 Fayette Street,Fayetteville,PA 17222:answering machine. On 01-30-13 our office made several phone calls in an attempt to contact Sandy M.Goppman (717)401-0364,1.34 Fayette Street,Fayetteville,PA 17222:no answer. IV.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-30-13 we reviewed the National Address database and found the following information:Allison Anne Lefaivre—167 Greene Meadow Drive,Chambersburg,PA 17202& Anthony L.Flythe—146 Fayette Street,Fayetteville,PA 1.7222. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:(Anthony L. Flythe) 146 Fayette Street,Fayetteville,PA 17222. V.OTHER INQUIRIES A. DEATH RECORDS As of 01-30-1.3 Vital Records and.all public databases have no death record on file for Allison Arme Lefaivre&Anthony L. Flythe. VI.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Allison Anne Lefaivre—1978 Anthony L.Flythe—1974 B. A.K.A. Allison Anne Flythe Anthony Hall *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby 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. /V7 a U � � S Theu'b Ve/e4n�aiati io is obtained from available public records and we are only liable for the cost of the affidavit. _ _ j Exhibit "F" 4 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 Claire Olivar, Ext. 1533 Representing Lenders in Service Department Pennsylvania June 4, 2013 ANTHONY L. FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG; PA 17257-8222 ANTHONY L. FLYTHE 146 FAYETTE ST FAYETTEVILLE, PA 17222-1157 ALLISON ANNE LEFAIVRE 167 GREENE MEADOW DRIVE CHAMBERSBURG, PA 17202 RE: FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") v. ALLISON ANNE LEFAIVRE and ANTHONY L. FLYTHE Premises Address: 102 MCCULLOCH ROAD, SHIPPENSBURG,PA 17257-8222 CUMBERLAND County,No. CIVIL-09-2922 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with.the requested relief that is, service of the complaint by first class mail and posti of the mortgaged premises. Please respond to me within one week, by Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours Justin o eski, Esq., Id. No.200392 Attome for Plaintiff 192838 Name and Phelan Hallinan, LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza a M Philadelphia,PA 15103 CLO m° 000— Line Article Number Name of Addressee,Street,and Post Office Address Postage 1 **** ANTHONY L. FLYTHE $0.46 p I 102 MCCULLOCH ROAD C ' I SHIPPENSBURG,PA 17257-8222 , t-' 1 I ° 00 2 **** ANTHONY L. FLYTHE $0.46 146 FAYETTE ST 0- FAYETTEVILLE,PA 17222-1157 o I 3 **** ALLISON ANNE LEFAIVRE $0.46 ^too i 167 GREENE MEADOW DRIVE CHAMBERSBURG,PA 17202 RE: ALLISON ANNE LEFAIVRE CUMBERLAND TEAM 4 PHS#192838/1021 Page 1 of 1 $1.38 Total Number of Total Number of Pieces Postmaster,Per(Name of The full declaration of value is required on all domestic and international registered mail. The 3 Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstrructi '' piece subject to a limit of$500,000 per occurrence. The maximum indemnity payable orirExpt S The maximum indemnity payable is$25,000 for registered mail,sent with optional insurance. R900 S913 and 5921 for limitations of coverage. fIx k Form 3877 Facsimile Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff FANNIE MAE("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") Plaintiff Civil Division vs. CUMBERLAND County ALLISON ANNE LEFANRE No. CIVIL-09-2922 ANTHONY L. FLYTHE Defendants CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. ALLISON ANNE LEFANRE 167 GREENE MEADOW DR CHAMBERSBURG, PA 17202-9641 ANTHONY L. FLYTHE 1.46 FAYETTE ST FAYETTEVILLE,PA 17222-1157 ANTHONY L.FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 The undersigned understands that this statement is made subject to the penalties of 1.8 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, /'� PHELAN LLINAN, P Date:—O//5 By: Justin . K eski, sq., Id. No.200392 Attor ey for Plaintiff 192838 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County ALLISON ANNE LEFAIVRE No. CIVIL-09-2922 ANTHONY L. FLYTHE Defendants ORDER AND NOW, this / day of , 2013, upon consideration of Plaintiffs moti.on 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 of the Notice of Sheriffs Sale as authorized by Pa.RCP. 31.29.2 (c)(1)(i)(C)*, on the above captioned Defendants,ANTHONY L.FLYTHE,by: I. Posting of the premises: 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 by the Sheriff or a non-party competent adult; and 2. First class mail to ANTHONY L. FLYTHE at the last known address, 146 FAYETTE ST, FAYETTEVILLE, PA 17222-1157 and the mortgaged premises located at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 1.7257-8222. Service by mail is complete upon the date of mailing. c-a x rtt c M-_ <a C' _X PHS # 192838/ROS �' °••° °r=a It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY THE COURT: J. 'Prior to fulfilling the requirements of service of Notice of Sale as set forth in this .Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the event this attempted service is not successful,Plaintiff may proceed with service of the Notice of Sale in conformity with this Order. Cc: ANTHONY L. FLYTHE 102 MCCULLOCH ROAD, SHIPPENSBURG,PA 17257-8222 ` ANTHONY L. FLYTHE 146 FAYETTE ST FAYETTEVILLE, PA 17222-1157 y PHS# 192838/ROS O THE ED.-OF""TONO) d PHELAN HALLINAN,LLP �A�, Allison F.Zuckerman,Esq.,Id.No.309519 � 1617 JFK Boulevard,Suite 1400 Q 2Z One Penn Center Plaza ;, Philadelphia,PA 19103 �.lJMBER L A ND COUNTY allison.zuckerman @phelanhallinan.com PENNSYLVANIA 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL COURT OF COMMON PLEAS MORTGAGE ASSOCIATION") Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY ALLISON ANNE LEFAIVRE No. CIVIL-09-2922 A/K/A ALLISON LEFAIVRE ANTHONY L.FLYTHE Defendants 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. P -LAN ,LLP By Allison F. Zuckerman,Esq.,Id. No.309519 Attorney for Plaintiff Date: kpl,Svc Dept. File#686734 C �aa�3a3 Phelan Hallinan,LLP Allison F.Zuckerman,Esq.,Id. No.309519 ATTORNEYS FOR PLAINTIFF allison.zackerman@phelanhallinan.com 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION') COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS' CUMBERLAND COUNTY CD ALLISON ANNE LEFAIVRE C_- --~ --} No. CIVIL-09-2922 -�-K w ANTHONY L.FLYTHE MCD 220 r.. C) Defendant(s) J. c Ca AFFIDAVIT OF SERVICE OF COMPLAINT r" BY MAIL PURSUANT TO COURT ORDER 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 mail to the following persons, ANTHONY L. FLYTHE at 146 FAYETTE ST, FAYETTEVILLE, PA 17222-1157 and 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 on July 30, 2013, in accordance with the Order of Court dated June 19, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan,LLP DATE: � By: 1 ' n erma sq.,Id. No.309519 ttorney for Plaintiff Phelan Hallinan,LLP PH#686734 AFFIDAVIT OF SERVICE - CUMBERLAND BSP PLEASE POST BY:08/21/2013 c PLAINTIFF COUNTY: CUMBERLAND FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") COURT NO. CIVIL-09-2922 (P C-, DEFENDANT ANTHONY L. FLYTHE TYPE OF ACTK5) @ 37:r XX —Mortgage Foreclosure SERVE AT: Eviction 102 MCCULLOCH ROAD, SHIPPENSBURG,PA XX -Civil Action 17257-8222 Complaint on Promissory Note ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Posted and made o�known L.FLYTHE,Defendant on the day of JIIJ6U&-� 20J3 M '(57 1. -8222,in the manner described below: at 1,,k ,at 102 MCCULLOCH ROAD,SHIPPENSBURG,PA 17257 se, —Defendant personal served. —Adult family member with whom Defendant(s)reside(s). Relationship is —Adult in charge of Defendant's residence who refused to give name/relationship. — Manager/Clerk of place of lodging in which Defendant(s)reside(s). — Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. /71 Other: Wn.-. &26 t • Description: Age�— Height— Weight Race_ Sex_ Other_ I, 4� 1201EW ,a competent adult,being duly sworn according to law,depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unswom-falsification to authorities. DATE: NAME - : 1--AA4tJ1-V-1 TT PRINTED NAME: MWWJ*-o,Veteai TITLE: ff::g6ev- NOT SERVED On the_day of_,2C L_,at_o'clock_.M.,Defendant NOT FOUND because: Vacant Does Not Exist —Moved Does Not Reside(Not Vacant) No Answer on at at Service Refused Other. PH#686734 OF 1 } E FRO TFIONO TA;■ PHELAN HALLINAN, LLP 2CI 3 OCT 22 AM 10: 53 Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL : CUMBERLAND COUNTY MORTGAGE ASSOCIATION") : COURT OF COMMON PLEAS vs. : CIVIL DIVISION ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE : No. CIVIL-09-2922 ANTHONY L. FLYTHE PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE and ANTHONY L. FLYTHE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $210,607.56 TOTAL $210,607.56 I hereby certify that (1) the Defendants' last known addresses are 167 GREENE MEADOW DR, CHAMBERSBURG, PA 17202-9641, 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222, and 146 FAYETTE STREET, FAYETTEVILLE, PA 17222-1157, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date /0/21//l7 ../✓__ Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: )0/012 b 3 _ PH#686734 PROTHONOTARY e,.MI?S8 #3` I V6734 +1-Q9laig Nofi-t me Tod • PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis,Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL : CUMBERLAND COUNTY MORTGAGE ASSOCIATION") : COURT OF COMMON PLEAS vs. : CIVIL DIVISION ALLISON ANNE LEFAIVRE A/K/A : No. CIVIL-09-2922 ALLISON A. LEFAIVRE • ANTHONY L. FLYTHE AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE is over 18 years of age and last known addresses are 167 GREENE MEADOW DR, CHAMBERSBURG, PA 17202-9641 and 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222. (c) that defendant ANTHONY L. FLYTHE is over 18 years of age and last known addresses are 146 FAYETTE STREET, FAYETTEVILLE, PA 17222-1157 and 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date /072,/// 441 L✓ r/✓1..-+- Phelan Hallinan,LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 686734 Department of Defense Manpower Data Center Results as of:Oct-21-2013 12:13:04 SCRA 3.0 rr`. ° status Rport Pursuant to S r icetnernbers Civil Relief Act Last Name: LEFAIVRE First Name: ALLISON Middle Name: A Active Duty Status As Of: Oct-21-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No. NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. nflaity 4410044... Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 tee , f Department of Defense Manpower Data Center Results as of:Oct-21-2013 12:18:02 SCRA 3.0 Mattis t.ep ort m; urs c to Servi to t r Civil Relief Pt a3 Last Name: LEFAIVRE First Name: ALLISON Middle Name: A Active Duty Status As Of: Oct-21-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. yhatit yk. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Oct-21-201312:13:13 SCRA 3.0 4•T 1, Status Rcpt - Pursuant to Servieemembers Civil Relief Act am-a Last Name: FLYTHE First Name: ANTHONY Middle Name: L Active Duty Status As Of: Oct-21-2013 On Active Duty On Active Duty Status Date Active Duty Start Data Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. )11kisky, Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised FANNIE MAE ("FEDERAL NATIONAL : CUMBERLAND COUNTY MORTGAGE ASSOCIATION") : COURT OF COMMON PLEAS vs. ALLISON ANNE LEFAIVRE A/K/A : CIVIL DIVISION ALLISON A. LEFAIVRE ANTHONY L. FLYTHE : No. CIVIL-09-2922 Notice is given that a Judgment in the above captioned matter has been entered against you on I o1��\3 . " l By. 41#1% If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 686734 FANNIE MAE("FEDERAL NATIONAL COURT OF COMMON PLEAS MORTGAGE ASSOCIATION") CIVIL DIVISION Plaintiff v. NO. CIVIL-09-2922 ALLISON ANNE LEFAIVRE ANTHONY L.FLYTHE CUMBERLAND COUNTY Defendant(s) TO: ALLISON ANNE LEFAIVRE 167 GREENE MEADOW DR CHAMBERSBURG,PA 17202-9641. DATE OF NOTICE: e/vT r7,7- THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: g Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#686734 FANNIE MAE("FEDERAL NATIONAL COURT OF COMMON PLEAS MORTGAGE ASSOCIATION") CIVIL DIVISION Plaintiff v. NO. CIVIL09-2922 ALLISON ANNE LEFAIVRE ANTHONY L.FLYTHE CUMBERLAND COUNTY Defendant(s) TO: ALLISON ANNE LEFAIVRE 102 MCCULLOCH ROAD SHIPPENSBURG,PA 17257-8222 DATE OF NOTICE: /7110/41 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 PEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: L "t.„- Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#686734 FANNIE MAE("FEDERAL NATIONAL COURT OF COMMON PLEAS MORTGAGE ASSOCIATION') CIVIL DIVISION Plaintiff v. NO. CIVIL-09-2922 ALLISON ANNE LEFAIVRE ANTHONY L.FLYTHE CUMBERLAND COUNTY Defendant(s) TO: ANTHONY L.FLYTHE 146 FAYETTE STREET FAYETTEVILLE,PA 17222-1157 '`�' DATE OF NOTICE: Y �/ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION l Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: ._._. ...._ t- "_. Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,I,LP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#686734 FANNIE MAE("FEDERAL NATIONAL COURT OF COMMON PLEAS MORTGAGE ASSOCIATION") CIVIL DIVISION Plaintiff v. NO. CIVIL-09-2922 ALLISON ANNE LEFAIVRE ANTHONY L.FLYTHE CUMBERLAND COUNTY Defendant(s) TO: ANTHONY L.FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG,PA 172.57-8222 DATE OF NOTICE: ei/S0 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 RIGH'T'S. 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: ,4# a Af- Adam H.Davis,Esq.,fiId No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#686734 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: CIVIL-09-2922 ALLISON ANNE LEFAIVRE A/K/A ALLISON A.LEFAIVRE ANTHONY L.FLYTHE Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: - Amount Due $210,607.56 Interest from 10/23/2013 to 03/12/2014 $5,741.52 ($40.72 per diem) TOTAL $216,349.08 4:F � Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#686734 os �a JA4 j tit �t C'O ye o . � � t. . -C- f d I (-I D� tt rl � ` �` .sb kA a v sc,,a J aab b � �• � zr CL CD x z , a CL ab ►x� � " 'fir � p � y � M O z y � � � � � a am xNZ xa x °; x ° ptzir t� O � r n � � roux > n > C) Ln G tdrZ b7C � a cv ran err w td d � m r � v a > ox .� .QC) > >a � J N N M N N N O Z a � a r - z a LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point in McCulloch.Road, SR 3002, at corner of Lot 7 as shown on plan of lots hereinafter referred to;thence along said public road,North 31 degrees 3 minutes 29 seconds East 93.5 feet to a point at corner of Lot 9 on said plan; thence by said Lot 9 and through a point on line, South 58 degrees 56 minutes 31 seconds East 138.83 feet to a concrete monument to be place at corner of Lot 10 on said plan; thence by said Lot 10, South 30 degrees 56 minutes 22 seconds West 93.5 feet to a point at corner of Lot 7 on said plan; thence by said Lot 7 and through a point on line, North 58 degrees 56 minutes 31 seconds West 139.02 feet to a point in McCulloch Road, SR 3002, at corner of Lot 7 on said plan,being the place of beginning. BEING Lot 8,containing 12,990 square feet, as per subdivision of land for Timberland Estates, prepared by Martin and Martin, Inc.,dated July 28, 2005,recorded in Cumberland County, Pa.,Plan Book Volume 92,Page 71. TITLE TO SAID PREMISES IS VESTED IN Anthony L. Flythe and Allison A. LeFaivre,by Deed from Rine Land Development, Inc., a Pennsylvania Corporation, dated 12/12/2006, recorded 12/20/2006 in Book 278, Page 262. PREMISES BEING: 102 MCCULLOCH ROAD,SHIPPENSBURG,PA 17257-8222 PARCEL NO. 39-14-0169-198 PHELAN HALLINAN, LLP Attorneys for Plaintiff Adam H. Davis,Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 P 12 One Penn Center Plaza ' Q Philadelphia,PA 19103 iEE., (o@ C ,( '' Adam.Davis@phelanhallinan.com ?E N S Y LV; I A 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE : COURT OF COMMON PLEAS ASSOCIATION") Plaintiff CIVIL DIVISION V. : NO.: CIVIL-09-2922 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L.FLYTHE CUMBERLAND COUNTY Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197,41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By. Gr� Zit".. k' (4 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff FANNIE MAE ("FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS ASSOCIATION") Plaintiff CIVIL DIVISION V. NO.: CIVIL-09-2922 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE CUMBERLAND COUNTY ANTHONY L.FLYTHE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION"),Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 102 MCCULLOCH ROAD,SHIPPENSBURG,PA 17257-8222. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) ALLISON ANNE LEFAIVRE A/K/A ALLISON C/O ROXBURY TREATMENT CENTER A.LEFAIVRE 601 ROXBURY ROAD SHIPPENSBURG,PA 17257 167 GREENE MEADOW DRIVE CHAMBERSBURG,PA 17202 , 370 CHANNING DRIVE 0x ` CHAMBERSBURG,PA 17201-3201 r ANTHONY L.FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG,PA 17257-8222 , 146 FAYETTE STREET FAYETTEVILLE,PA 17257-8222 rti 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) ALLISON ANNE LEFAIVRE A/K/A ALLISON C/O ROXBURY TREATMENT CENTER A.LEFAIVRE 601 ROXBURY ROAD SHIPPENSBURG,PA 17257 167 GREENE MEADOW DRIVE CHAMBERSBURG,PA 17202 370 CHANNING DRIVE CHAMBERSBURG,PA 17201-3201 PH#686734 ANTHONY L.FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG,PA 17257-8222 146 FAYETTE STREET FAYETTEVILLE,PA 17257-8222 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 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 Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 102 MCCULLOCH ROAD SHIPPENSBURG,PA 17257-8222 ALLISON ANNE LEFAIVRE A/K/A ALLISON 2776 FRANCIS SCOTT KEY HIGHWAY A.LEFAIVRE TANEYTOWN,MD 21787-1906 ALLISON ANNE LEFAIVRE A/K/A ALLISON 200 SOUTH SPRING GARDEN STREET A.LEFAIVRE CARLISLE,PA 17013 C/O ANDREW H.SHAW,ESQUIRE PH#686734 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ` /L� By: y(' � Phelan Hallinan,LLP Adam H.Davis,Esq., Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#686734 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS ASSOCIATION") CIVIL DIVISION Plaintiff : : NO.: CIVIL-09-2922 VS. ALLISON ANNE LEFAIVRE A/KIA ALLISON A.LEFAIVRE CUMBERLAND COUNTY ANTHONY L. FLYTHE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALLISON ANNE LEFAIVRE A/K/A ANTHONY L. FLYTHE ALLISON A.LEFAIVRE 102 MCCULLOCH ROAD 167 GREENE MEADOW DRIVE SHIPPENSBURG, PA 17257-8222 CHAMBERSBURG,PA 17202-9641 ALLISON ANNE LEFAIVRE A/K/A ANTHONY L.FLYTHE ALLISON A.LEFAIVRE 146 FAYETTE STREET 370 CHANNING DRIVE FAYETTEVILLE,PA 17222-1157 CHAMBERSBURG,PA 17201-3201 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE C/O ROXBURY TREATMENT CENTER r' 601 ROXBURY ROAD r` -- SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate)at 102 MCCULLOCH ROAD,SHIPPENSBURG,PA 17257-8222 is scheduled to be sold at the Sheriff's Sale on 03/12/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of 210,607.56 obtained by FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17413 (717)249-3166 (844)994-9148 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL-09-2922 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") V. ALLISON ANNE LEFAIVRE A/K/A ALLISON A.LEFAIVRE ANTHONY L. FLYTHE owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, CUMBERLAND County, Pennsylvania,being 102 MCCULLOCH ROAD,SHIPPENSBURG,PA 17257-5222 Parcel No. 39-14-0169-195 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: 210,607.56 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point in McCulloch Road, SR 3002, at corner of Lot 7 as shown on plan of lots hereinafter referred to;thence along said public road,North 31 degrees 3 minutes 29 seconds East 93.5 feet to a point at corner of Lot 9 on said plan;thence by said Lot 9 and through a point on line, South 58 degrees 56 minutes 31 seconds East 138.83 feet to a concrete monument to be place at corner of Lot 10 on said plan; thence by said Lot 10, South 30 degrees 56 minutes 22 seconds West 93.5 feet to a point at corner of Lot 7 on said plan;thence by said Lot 7 and through a point on line, North 58 degrees 56 minutes 31 seconds West 139.02 feet to a point in McCulloch Road, SR 3002, at corner of Lot 7 on said plan,being the place of beginning. BEING Lot 8,containing 12,990 square feet, as per subdivision of land for Timberland Estates, prepared by Martin and Martin,Inc.,dated July 28,2005,recorded in Cumberland County,Pa.,Plan Book Volume 92,Page 71. TITLE TO SAID PREMISES IS VESTED IN Anthony L. Flythe and Allison A. LeFaivre,by Deed from Rine Land Development, Inc., a Pennsylvania Corporation, dated 12/12/2006, recorded 12/20/2006 in Book 278, Page 262. PREMISES BEING: 102 MCCULLOCH ROAD,SHIPPENSBURG,PA 17257-8222 PARCEL NO. 39-14-0169-198 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 09-2922 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION")Plaintiff(s) From ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE,ANTHONY L.FLYTHE (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:$210,607.56 L.L.: $.50 Interest FROM 10/23/2013 TO 3/12/2014($40.72 PER DIEM)-$5,741.52 Atty's Comm: Due Prothy:$2.25 Atty Paid: $'J"I.l.! Other Costs: Plaintiff Paid: " Date: 11/19/13 David D. Buell,Prothonotary (Seal) t-B -- t. - I--- Deputy REQUESTING PARTY: Name: ADAM H. DAVIS,ESQUIRE Address:PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.203034 r 2°14 FEB 8 PHELAN HALLINAN,LLP ,` I ' �C Attorney for Plaintiff John Michael Kolesnik,Esq.,Id.. .o. C.:' aA,ND cou 1617 JFK Boulevard, Suite 1400 1- _NNS YLVA NIAN I One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik @phelanhallinan.com • 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FANNIE MAE("FEDERAL NATIONAL CUMBERLAND COUNTY MORTGAGE ASSOCIATION") . Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ALLISON ANNE LEFAIVRE A/K/A ALLISON A. No.: CIVIL-09-2922 FLYTHE . ANTHONY L.FLYTHE Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817 :, d/s vertified Mail Return Receipt stamped by the U.S.Postal Service is attached h: P r s it"A". i John �ric ael Kolesnik,Esq.,Id.No.308877 /i t A t1 ney for Plaintiff Date: ! 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. PH#686734 • • FANNIE MAE("FEDERAL NATIONAL MORTGAGE . COURT OF COMMON PLEAS ASSOCIATION") Plaintiff • CIVIL DIVISION • v. NO.: CIVIL-09-2922 . ALLISON ANNE.LEFAIVRE A/K/A ALLISON A. • . • FLYTHE CUMBERLAND COUNTY ANTHONY L. FLYTHE Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION"),Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 102 MCCULLOCH ROAD,SHIPPENSBURG,PA 17257-8222. . • 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, • • • please so indicate) • ALLISON ANNE LEFAIVRE A/K/A ALLISON 167 GREENE MEADOW DR,CHAMBER SBURG, • A.FLYTHE PA 17202-9641 • • ANTHONY L.FLYTHE • .146 FAYETTE STREET,FAYETTEVILLE,PA 17222-1157 • • • • 2. Name and address-of Defendant(s)in the judgment: 'Name Address(if address cannot be reasonably ascertained,please so indicate) ALLISON ANNE LEFAIVRE A/K/A 167 GREENE MEADOW DR ALLISON A.FLYTHE CHAMBERSBURG,PA 17202-9641 ANTHONY L.FLYTHE • 146 FAYETTE STREET •• FAYETTEVILLE,PA 17222-1157 • • • 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) • PH#686734 • • • CUMBERLAND FRANKLIN JOINT • 129 SOUTH PITT STREET MUNICIPAL AUTHORITY CIO JAMES CARLISLE,PA 17013 ROBINSON • CUMBERLAND FRANKLIN JOINT 725 MUNICIPAL DR MUNICIPAL AUTHORITY • SHIPPENSB.URG,PA 17257-8893 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 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 Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 102 MCCULLOCH ROAD • SHIPPENSBURG,PA 17257-8222 • ALLISON ANNE LEFAIVRE A/K/A ALLISON 2776 FRANCIS SCOTT KEY HIGHWAY A.LEFAIVRE A/K/A ALLISON A.FLYTHE TANEYTOWN,MD 21787-1906 ALLISON ANNE LEFAIVRE A/K/A ALLISON `200 SOUTH SPRING GARDEN STREET A.LEFAIVRE A/K/A ALLISON A..FLYTHE CARLISLE,PA 17013 • C/O ANDREW H.SHAW,ESQUIRE • . ALLISON FLYTHE 2780 FRANCIS SCOTT KEY HWY • TANEYTOWN,MD 21787-1906 • • DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY • CARLISLE,PA 17013 • • COMMONWEALTH.OF PENNSYLVANIA . P.O.BOX 2675 • DEPARTMENT OF WELFARE HARRISBURG,PA 17105 • • INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 • PITTSBURGH,PA 15222 • . • U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 • U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2/ii/iy By: Phe1a J*a nan,LLP Johi, ichael Kolesnik,Esq.,Id.No.308877 Att.rney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#686734 • • • t�? tt,. t d ,jt .2 i y", .ilk j 1 t l•6 l ate _ ° . 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(J0.; Z At NE' Uhte) V .•+ V GL' ra 6i IL . s * Z MI ''O ..., E .r N M 1 11 E 0 x Z < 0 ..a a. rit C1.4 FEB• • OF- MI-6F"GFF-1.1-2 19 /1!10: 30 PHELAN HALLINAN, LLP • C' BER, A�O� Attorney for Plaintiff NNs UNT y 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FANNIE MAE("FEDERAL NATIONAL • MORTGAGE ASSOCIATION") CUMBERLAND COUNTY • COURT OF COMMON PLEAS Plaintiff • CIVIL DIVISION vs. • NO. CIVIL-09-2922 ALLISON ANNE LEFAIVRE • A/KIA ALLISON A. FLYTHE • ANTHONY L. FLYTHE • Defendants • • AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE • PURSUANT TO P.R.C.P:,404(2)1403 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 to ANTHONY'L.FLYTHE on DECEMBER 19,2013-in • accordance with the Order of Court dated JUNE 19,'20.13. The property was posted on DECEMBER 3,2013. . The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: 2 //b//1/ By: Jona• n Lobb; Esq., Id. No.312174 Attorney for Plaintiff • IN TM;COURT OF COMMON PLEAS CUM:REkt.AND COUNTY,PENNSYLVANIA FANNIE M.AE(1-1:WERAL NATIONAL Conn of Common Pleas MORTGAGE ASSOCIATION') • Civil Divi'417°F°1114-Y Fli Plaintiff i"FLEASE vs. CUMBERLAND County ALLISON ANNE LEFAIVRE No,CIVIL-09-2922 ANTHONY L.FLYTHE Defendants ORDER AND NOW,this ik-day of jLt"..1f2013,upon consideration of Plaintiff's motion for Service Pursuant to Special Order of Court,it is hereby OP.DZIED and DECREED., TOP:'e tOPY that said Motion is GRANTED. PLEASE • It is further ORDERED and DECREED that Plaintiff -MaY Obtain serviCe Of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2:(c)(1)(i)(C)*, on • the above captioned Defendants,ANTHONY L FLYTHE,by: 1-4 Posting of the premises: 102 MCCULLOCH ROAD,SFITPPENSBURG, PA 17257-8222 by the Sheriff or a non-party competent adult;'and 2. First class mail to ANTHONY L.FLYTHE at the last known address, 146 FAYE1TE ST,FAYETTEVILLE,PA 17222-1157 and the mortgaged premises located at 102 MCCULLOCH ROAD, SHIPPENSBURG,PA 17257-8222. Service by mail is complete upon the date of mailing. •■-• ATTIOANn 0:1? PLEASE RETuRtar: ' CI) -11 7;" M Do PHS#192838/ROS It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY THE COURT: • *Prior to fulfilling the requirentents.of service of Notice of Sate as set forth in this Order,Plaintiff must first attempt service as set forth in PaatCP. 3129.2(c)(1)(i) (A) or (B). In the event this attempted service is not successful,Plaintiff may proceed with service of the Notice of Sale in conformity with this Order. Cc: ANTHONY L.FLY.7'HE 102 MCCULLOCH ROAD SHWPENS13URG,PA 17257-8222:' At TI ONY'L FLYT 1E 146 FAYETIE ST- 0 FAYETTEVII LE,:PA 17222=1.157 • PHS it 192838/ROS • . . . . . . . . . • • . . . ......----. . • • • . , . . • ----- • o c. ,,, 0 . • . r) • --. •.., 0. • . „, i...:\ 4,.•• 1'3 ts.)\ • tti t .t---..-5 • __--- --.... . 1 I F.A. * 0.,.5.7., • .. et> ' . • . 0 21 cr 0 * o . k,) • '2 ...., ,-.1 r r-' - ',.,, -11 .-.• 0.. , = \ ,.': ■--1 r- c. r- r- T3 > (.4 r- --: • C> ,T, -' ... ,,,, 5 (.. ,o ,. , q ,.., . `12. .2., •-.4 2 r".■ o-3 .- Clot.A: ' 0 CP it r- °; •Ia', of " "SI roi 7—' tP4 cr = Pp %, ..n (A •tl '''' o-i trl -..1 > ors cr c..., A x r) r- i...,, n -..1 > ev Cs) I 1 1"0 •. )"A 3 c \ ' a .C1. 4-, . 0 • . 0.• V-'3' • ..., cz. . .., . .' . trl . 2 • . . . C) a . • . . . . •Wt 0 Oft .. • . . . • • • • , . . , . . g • . . • . . ., *..4..• . • • • ...5'• • . . . . . 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J-4C4 2 '-' 1 .*1' $ 002.400 .‘, .1 . t.#1)01.38199IDEC ii) :';."13 • AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") PH#686734 DEFENDANT SERVICE TEAM/lxh ALLISON ANNE LEFAIVRE COURT NO.:CIVIL-09-2922 ANTHONY L.FLYTHE SERVE ANTHONY L.FLYTHE AT: TYPE OF ACTION 102 MCCULLOCH ROAD XX Notice of Sheriff's Sale SHIPPENSBURG,PA 17257-8222 SALE DATE: March 12,2014 **DIVORCED-One cannot accept service for the other**,*'PLEASE I'US'' '7 ..' :I' '.`', tN BLE'rOOBf3I'd SUCCESSUL S R\;i.Itc> ;N ,POST PRO1'F,R`l' `01'., % It i tt LAST SERVED S rved and made known to ANTHONY L.FLYTHE,Defendant on the 3 day of f 20e ,at o'clock A,M.,at(02 MCE.UU-4DCH fie--1410 ,in the manner described below: _Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is • Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. A Other: "f eli-OPW-Ttj Description: Age_ Height Weight Race Sex Other f1/4-011t ( {.fstt ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 1.8 Pa.C.S.Sec.4904 relating to unswom falsification to authorities. DATE: (?' 3/40(3 NAME: /-1/7 •/ 1 �� J� PRINTED NAME A . � r��'�,,,..O1V...: cC�s _ • TTTLE• RX � - NOT SERVED • On the day of 20_ ,at o'clock_.M.,I,. ,a competent adult hereby • state that Die endant NOT FOUND because: • Vacant Does Not Exist Moved . _Does Not Reside(Not Vacant) • No Answer on at . at • Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. BY: • PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 WI(Boulevard,Suite 1400 One Penn Center Plaza • Philadelphia,PA 19103 (215)563-7000 Phelan Hallinan, LLP }}�� ,,rr Jonathan M. Etkowicz, Esq., Id. No.20i76' , All FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 c UMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") • Plaintiff • Civil Division • v. • CUMBERLAND County ALLISON ANNE LEFAIVRE No.: CIVIL-09-2922 A/K/A ALLISON A. FLYTHE • ANTHONY L. FLYTHE Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,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 May 11,2009. 2. Judgment was entered on October 22, 2013 in the amount of$210,607.56. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 686734 4. A Sheriffs Sale of the mortgaged property at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 (hereinafter the "Property")was postponed or stayed for the following reason: a.)The Defendant,ANTHONY L. FLYTHE, filed a Chapter 07 Bankruptcy at Docket Number 1:10-02025 on March 15, 2010. Plaintiff obtained relief from the bankruptcy stay by order of court dated June 16,2010. A true and correct copy of the Relief Order is attached hereto,made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on March 12, 2014. 6. 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 $196,255.73 Interest Through March 12, 2014 $75,491.25 Late Charges $258.80 Legal fees $2,125.00 Cost of Suit and Title $4,642.54 Sheriffs Sale Costs $786.11 Property Inspections $675.00 Property Preservation $5,069.50 Appraisal/Brokers Price Opinion $90.00 Escrow Deficit $32,028.12 TOTAL $317,422.05 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. 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. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 686734 10. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on February 18, 2014 and requested the Defendants'Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"C". 11. In compliance with Cumberland County Local Rule 209.3(a)(2),Plaintiff avers that Judge Albert H. Masland entered an order for Service Pursuant to Special Order of Court dated June 19, 2013. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallin. , LLP I I I I DATE: 2 ' �� By: Jonat ,. . tkowicz, Esquire ATTO`' Y FOR PLAINTIFF 686734 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL • Court of Common Pleas • MORTGAGE ASSOCIATION") Plaintiff : Civil Division v. • CUMBERLAND County ALLISON ANNE LEFAIVRE • No.: CIVIL-09-2922 A/K/A ALLISON A. FLYTHE ANTHONY L. FLYTHE Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE and ANTHONY L. FLYTHE 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 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222. The Mortgage indicates that in the event of 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 686734 • 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. 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 § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 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 A.2d 686734 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 Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it 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 B.C.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 A.2d 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 mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 686734 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. 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. V. 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. 686734 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. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents,preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney 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). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 686734 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 686734 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 686734 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. 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. Phelan -alli an, LLP DATE: 2-42.0/[14 By: ILI Jon., . tkowicz, Esquire Atto -, for Plaintiff 686734 . . Exhibit "A" 686734 • • IN'r1ft COURT OP COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA. FANNIE MAE("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATIONS Plaintiff Civil I?ivisi vs, CUMBERLAND County ALLISON ANNE I.RPAIVRE No.CIVIL-09-2922 ANTHONY L.FLYTHE Defendants ORDER AND NOW,this day of ,LL L 1.,2013,upon consideration of Plaintiff's motion for Service Pursuant to Special Order of Court,it is hereby ORDOPt and DECREED, AITanor that said Motion is GRANTED. PLEAS E 1j It is further ORDERED and DECREED that Plaintiff may obtain service of tie Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP.3129.2(c)(1)(i)(C)*, on the above captioned Defendants,ANTHONY L.FLYTHE,by: 1. Posting of the premises: 102 MCCULLOCH ROAD,SHIPPENSBURG, PA 17257-8222 by the Sheriff or a non-party competent adult;and 2. First class mail to ANTHONY L.FLYTHE at the last known address, 146 FAYEriE ST,FAYE'ITEVILLE,PA 17222-1157 and the mortgaged premises located at 102 MCCULLOCH ROAD,SHIPPENSBURG,PA 17257-8222. Service by mail is —AntantentEce4 pLEASER complete upon the date of mailing. ETu _ � rom 3t,00 0-rt �a as PHS# 192838/ROS t It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY THE COURT: if I J. *Prior to the requirements of service of Notice of Sale as set forth in this Order,Plaintiff must`first attempt service as set forth in PLRt P.3129-2(c)(1)(t)(;A)or(B). �the event this attempts service is not successful,Plaintiff may proceed With service of the Notice of Sale in conformity with this{'harder. Cc: ANTHONY L.ELYTRE 102 MCCt ILLOCR ROAD, SH1PPENSBURG,PA 172574222 ANTHONY L.F .YTRE 1445 FAYETTE ST FAYET1 VIIIE,PA 17222»1157 PHS#192838/ROS Exhibit "B" 686734 • • 0 4" 600 Z1 ,. i.; nil u 49E � .. ter d N Q a ac Z Iii OD a Pe L.4 u w a a w 0 vs w 7 U N N o U '� N e W x V m O in N E. a N N� L x � ~ x � P4 .,v o w W a� � o EaE" a" U V W�° w wa F j � �a 4 E* z wa 6. a waa44 Alo CD a. * * * W * * Vv 1 tn o N Z c el . "0 N M V N W 00 N y IrM W _ v G a v Z d o AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY 'ANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") PH#686734 DEFENDANT SERVICE TEAM/lxh ALLISON ANNE LEFAIVRE COURT NO.:CIVIL-09-2922 ANTHONY L.FLYTHE SERVE ANTHONY L.FLYTHE AT: TYPE OF ACTION 102 MCCULLOCH ROAD XX Notice of Sheriff's Sale SHIPPENSBURG,PA 17257-8222 SALE DATE: March 12,2014 **DIVORCED-One cannot accept service for the other**,**PLEASE s:^y : *r* r f UN ;` TO OBTAvI,. UCC' SERVI . "I T' 'OPERT. ON YO ,._A A' MPT'* SERVED S rved and made known to ANTHONY L.FLYTHE,Defendant on the day of MB+lL,2d'? ,at =t fS,o'clock M.,at(09-MOLD(.1.0 4 110410 ,in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is; Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: p>51 9 l< Description: Age Height Weight Race Sex Other I, % { {llrrly _,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unswom falsification to authorities. ql DATE: (1.,70-01 3 NAME: 4(/ �,, , J PRINTED NAME: 'lM `e°N TITLE:(O .S Seri 1,a' y NOT SERVED Ontthe that en y of NOT FOUND be20use,at o'clock .M.,I, ,a competent adult hereby _Vacant Does Not Exist _Moved r Does Not Reside(Not Vacant) _No Answer on at • at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTI$F Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 r Exhibit "C" 686734 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania February PI,2014 ALLISON ANNE LEFAIVRE ANTHONY L. FLYTHE A/K/A ALLISON A. FLYTHE 146 FAYETTE STREET 167 GREENE MEADOW DR FAYETTEVILLE,PA 17222-1157 CHAMBERSBURG,PA 17202-9641 RE: FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION")v. ALLISON ANNE LEFAIVRE, A/K/A ALLISON A. FLYTHE and ANTHONY L. FLYTHE Premises Address: 102 MCCULLOCH ROAD SHIPPENSBURG,PA 17257 CUMBERLAND County CCP,No. CIVIL-09-2922 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 2/1'7/2014 Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V: .tr I ,,, ur 1 Jo : Ni . E'k 0( icz.Esq., Id.No.208786 Attf y for Plaintiff Enclosure 686734 '1 ktOZ, 11 994i6116CiQo0 e ,�»a-.,,.x'1 o`' vD �y kdl ZCt o0 va <<.f' , ..„ ,,,, .��.. 4-. t:,,• z '..1 s or 1.<„ ,,,4...,t:A' 151 ,” ° E - E a rs�s .3.) u RH A � EN r. 2 a r;-� u ON E ° 000;"! z W S = yy� O 6 L V El z oZ o ., o ii g H 7 ev " F- W #- b m W q " Wap W W ›:C W fi x j JJ p °-' g a' ,E C 4 ,; ixt !: 4' fit..to -- 1 w E �o r- F, a} No a; zgd � ka W :" � W CQ � : W C» W ›" = 7:, C)2t c. ._. t („� c541 g. 'a C try � rn w V l rj.4 cry 4 :� lsi >"S. d o vd c aZ Z. aZ r, Zz Z w; z 5 Z -- `1 Y .F >0t3 d' sZ W W Z 'Z ZOZ 1:1Z Wii C. XZj ,, `off E .� 9t2 1il y - z5 4 44 +�Rs : a I i� � w � ',� ] ,a .,� o �Z t,, d r,;:. ,.1; 4 .+E I.4� g A4 is Q O;. ax. ' Od° Z . rn4 _. U4 ..rsn44gP.;4o: . 4° ,» G'444% P44tC4 - H III v la RI ti i tq 1 tl, ; z 13 VI 'b *,k«at,"�' rt x ¢ r s' ,,, i i'*.°4` } er''''*'r"..'. i .7.�,�u --:.% y $ - ', Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL • Court of Common Pleas • MORTGAGE ASSOCIATION") Plaintiff : Civil Division • v. • CUMBERLAND County • ALLISON ANNE LEFAIVRE : No.: CIVIL-09-2922 A/K/A ALLISON A. FLYTHE ANTHONY L. FLYTHE 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. ALLISON ANNE LEFAIVRE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE A/K/A ALLISON A. FLYTHE 167 GREENE MEADOW DR ANTHONY L. FLYTHE CHAMBERSBURG, PA 17202-9641 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 ANTHONY L. FLYTHE ALLISON ANNE LEFAIVRE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE A/K/A ALLISON A. FLYTHE 2780 FRANCIS SCOTT KEY HWY 370 CHANNING DR TANEYTOWN, MD 21787 CHAMBERSBURG, PA 17201-3201 ANTHONY L. FLYTHE ANTHONY L. FLYTHE ALLISON ANNE LEFAIVRE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE A/K/A ALLISON A. FLYTHE 146 FAYETTE ST 635 SOUTH CAMDEM AVENUE FAYETTEVILLE, PA 17222-1157 FRUITLAND, MD 21826 686734 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE ROXBURY TREATMENT CENTER 601 ROXBURY ROAD SHIPPENSBURG, PA 17257 Phelan Hallinan, LLP DATE: 2i-/2� By: , b.'`/ Jon. . . Etkowicz,Esquire AT • , EY FOR PLAINTIFF 686734 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") Plaintiff Civil Division V. CUMBERLAND County ALLISON ANNE LEFAIVRE No.: CIVIL-09-2922 A/K/A ALLISON A. FLYTHE ANTHONY L. FLYTHE Defendants RULE AND NOW, this ° day of� 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY COURT J. C= M m ` cy, -c Co a 686734 onathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459 �LLISON ANNE LEFAIVRE .- ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE A/K/A ALLISON A. FLYTHE 167 GREENE MEADOW DR ANTHONY L. FLYTHE CHAMBERSBURG, PA 17202-9641 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE .,,ALLISON ANNE LEFAIVRE 2780 FRANCIS SCOTT KEY HWY A/K/A ALLISON A. FLYTHE TANEYTOWN, MD 21787 370 CHANNING DR CHAMBERSBURG, PA 17201-3201 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE ALLISON ANNE LEFAIVRE 146 FAYETTE ST A/K/A ALLISON A. FLYTHE FAYETTEVILLE, PA 17222-1157 635 SOUTH CAMDEM AVENUE FRUITLAND, MD 21826 ,/ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE .,,ANTHONY L. FLYTHE ROXBURY TREATMENT CENTER 146 FAYETTE STREET 601 ROXBURY ROAD FAYETTEVILLE, PA 17222-1157 SHIPPENSBURG, PA 17257 ,,,ANTHONY L. FLYTHE ,ANTHONY L. FLYTHE 2780 FRANCIS SCOTT KEY HWY 635 SOUTH CAMDEN AVENUE TANEYTOWN, MD 21787-1906 FRUITLAND,MD 21826-1505 686734 686734 PIIELAN HALLINAN, LLP -; Attorney for Plaintiff ``'' 1 '-1= 2 7 i 10: 1 5 One Penn Center Plaza it IM E r L AND C{O u' {1 1617 JFK Boulevard, Suite 1400 PEN NS YL_,,�A Ia Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 • FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") • CUMBERLAND COUNTY • COURT OF COMMON PLEAS • Plaintiff • CIVIL DIVISION • v. • NO. CIVIL-09-2922 • ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP,petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE, by certified mail and regular mail to ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 and posting 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for March 12, 2014. ' 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE, with the Notice of Sale at the mortgaged premises, 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service made as the property is vacant. 4. Attempts to serve Defendant, ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE, with the Notice of Sale at 167 GREENE MEADOW DRIVE, CHAMBERSBURG, PA 17202-9641, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service was made as the said address is vacant. 5. Attempts to serve Defendant, ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE with the Notice of Sale at 370 CHANNING DRIVE, CHAMBERSBURG, PA 17201-3201, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as the Defendant does not reside at the said address. 6. Attempts to serve Defendant, ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE, with the Notice of Sale at 146 FAYETTE STREET, FAYETTEVILLE, PA 17222-1157, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as the Defendant does not reside at the said address. 7. Attempts to serve Defendant, ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE,with the Notice of Sale at ROXBURY TREATMENT CENTER, 601 ROXBURY ROAD, SHIPPENSBURG, PA 17257, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as the Defendant, is not a patient or does not reside at the said address. 8. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 9. Plaintiff contacted the Prothontary's Office and as of February 5, 2014, no Judge has previously entered a ruling in this case. 10. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on February 12, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs February 12, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit 11. Plaintiff submits that it has made a good faith effort to locate the Defendant, ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 and posting 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 and by publication. Phelan Hallinan, LLP DATE: 212.111/41 By: Ad.4441 "6W e Adam H. Davis, Esquire Bar ID No: 203034 Attorney for Plaintiff • 'PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL . MORTGAGE ASSOCIATION") CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff • :• CIVIL DIVISION v. . •: NO. CIVIL-09-2922 ALLISON ANNE LEFAIVRE A/K/A ALLISON . • A. LEFAIVRE ANTHONY L. FLYTHE Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph(A) or (B),the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment,the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE,are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a) provides as follows: (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 defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. 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 return of service, hereto as Exhibit "A",the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 and posting 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hallinan, LLP 9 DATE: 2 /z V/i7 By: / a'yti Adam H. Davis, Esquire Bar ID No: 203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 • FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") • CUMBERLAND COUNTY • COURT OF COMMON PLEAS • Plaintiff • CIVIL DIVISION • v. • NO. CIVIL-09-2922 • ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 ANTHONY L. FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 Phelan Hallinan, LLP DATE: 212 1� By: ),1e'vl/' • Adam H. Davis,Esquire Bar ID No: 203034 Attorney for Plaintiff EXHIBIT "A" AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") P11#686734 DEFENDANT ,SERVICE TEAM/lilt ALLISON ANNE LEFAIVRE COURT NO.:CIVIL-09-2922 ANTHONY L.FLYTHE SERVE ALLISON ANNE LEFAIVRE AT: TYPE OF ACTION 102 MCCULLOCH ROAD XX Notice of Sheriff's Sale SHIPPENSBURG,PA 17257-8222 SALE DATE: March 12,2014 **DIVORCED-One cannot accept service for the other** SERVED Served and made known to SON ANNE LEFAIVRE,Defendant on the_day of ,20_,at ,o'clock_.M.,at ,in the manner described below: _Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: Description: Age Height Weight Race Sex Other I, ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unswom falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: N�,,.` On the 7.1e_dayy of_Q�''tO ,20fi,at�tyo'clock M.,I,�" t��'� ,a wmpetent adult hereby state that endant NOT FOUND because: �G Vacant _Does Not Exist _Moved —Does Not Reside(Not Vacant) _ No Answer on_ at t at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: `'_ (\‘- PRINTED NAME: 164' f"Pt e ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY . , FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") PH#686734 DEFENDANT SERVICE TEAM/ixh ALLISON ANNE LEFAIVRE COURT NO.:CIVIL-09-2922 ANTHONY L.FLYTHE SERVE ALLISON ANNE LEFAIVRE AT: TYPE OF ACTION 167 GREENE MEADOW DR XX Notice of Sheriff's Sale CHAMBERSBURG,PA 17202-9641 SALE DATE: March 12,2014 **DIVORCED-One cannot accept service for the other** , SERVED Served and made known to ALLISON ANNE LEFAIVRE,Defendant on the_day of ,20_,at ,o'clock .M.,at ,in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: . Description: Age Height Weight Race Sex Other I, ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: ,� NOT ERVEI On the ?day f. MA A4 at a"fl.. IL.M.,I, e c • ,a eotr Latent adult hereby state h t t)elendyant N 'I'FOUNT)because: YY state _Does Not Exist Moved _Does Not Reside(Not Vacant) No Answer on at _; at _Service Refused Other: I uncle •tnn this s to tr is `" .de oh . e penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsil#� ti�, .#/ 60^r� 13Y ifi ®%Aim PRINTED NAME€iisia ' ' C Y NillPF ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 Process Server Check List If Service Is Made : Spouses Names if Applicable Wife : Husband: Divorced: Yes ) No No Service Made 1 . Vacant : Yes No 2 . Is there a name on the mailbox? Is it the defendants? 3 . Neighbor Contact : Yes ) No Left Side: Right Side: 4 . For Sale Sign: Yes ) No Realtor Name : Company Name: Phone Number: 5 . Car in Drive Way Yes ) No Plate Number: AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY • FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") PH#686734 DEFENDANT SERVICE TEAM/lxh ALLISON ANNE LEFAIVRE COURT NO.:CIVIL-09-2922 ANTHONY L.FLYTHE SERVE ALLISON ANNE LEFAIVRE AT: TYPE OF ACTION 370 CHANNING DR XX Notice of Sheriff's Sale CHAMBERSBURG,PA 17201-3201 SALE DATE: March 12,2014 **DIVORCED-One cannot accept service for the other** SERVED Served and made known to ALLISON ANNE LEFAIVRE,Defendant on the_day of ,20_,at o'clock .M.,at ,in the manner described below: _Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: e tNiT ERVEP `�r . * day o o vt 20 I at Ii' o'clock >.M.,I, •;,ewe.. �a competent adult hereby ssttaate that Defendant I p I 'i e'cause: Vacant _Does Not Exist T Moved Does Not Reside(Not Vacant) No Answer on at • at _Service Refused Other: I uud• start at this staterl,� itit. subject t the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsif atiy� ioritie - grir oe Air BY: PRINTED NAME:• ' ' ( a ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY • , FANNIE MAE("FEDERAL NATIONAL MORTGAGE , ASSOCIATION") PH#686734 DEFENDANT SERVICE TEAM/Ixh. ALLISON ANNE LEFAIVRE COURT NO.:CIVIL-09-2922 ANTHONY L.FLYTHE SERVE ALLISON ANNE LEFAIVRE AT: TYPE OF ACTION 146 FAYETTE ST XX Notice of Sheriff's Sale FAYETTEVILLE,PA 17222-1157 SALE DATE: March 12,2014 **DIVORCED-One cannot accept service for the other** SERVED Served and made known to ALLISON ANNE LEFAIVRE,Defendant on the_day of .20 ,at ,o'clock .M.,at in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is . _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: . Description: Age Height Weight Race Sex Other I, ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of heriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: � NOT SEV� � �-�-- On the 49,/ da} f +° ` 20 at + odlck M.,I, e, � ,'`a rot peteht adult hereby state thenttilnt '0 0 S III cause: _Vacant _,_,,Does Not Exist ,_,_Moved "foes Not Reside(Not Vacant) No Answer on— at at _Service Refused Other: I nude- a t this stag a t adeet to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn :ui atie� ihoritic. 1`- . PRINTED NAME: ' ""'4C--. ... + C ^ " --4"' i ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") PH#686734 DEFENDANT SERVICE TEAM/lxh ALLISON ANNE LEFAIVRE COURT NO.:CIVIL-09-2922 ANTHONY L.FLYTHE SERVE ALLISON ANNE LEFAIVRE AT: TYPE OF ACTION ROXBURY TREATMENT CENTER XX Notice of Sheriff's Sale 601 ROXBURY ROAD SALE DATE: March 12,2014 SHiPPENSBURG,PA 17257 **DIVORCED-One cannot accept service for the other** ,SERVED Served and made known to ALLISON ANNE LEFAIVRE,Defendant on the_day of ,20_,at ,o'clock_.M.,at ,in the manner described below: _Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: . Description: Age Height Weight Race Sex Other I, .,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TTTLE: s NOT SERVFis On the d a y of i O %' ( 20 IA at ag:its'"clock .M.,I, • `N 1-'- L.Cr-lri, mpetertt adult hereby state that Del end�ant '`,• • 1 N 1 .use: _Vacant Does Not Exist Moved _Does Not Reside(Not Vacant) No Answer on at • ___S ice Refused lI t,4 Other: �o ? Va6i"4. kLef;� / Now o� Y'acea I ' I unders . ,. this state' nt ', ade s to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsihc; on - , i (milks. PRINTED NAME: rr C. J c4 t}7, v ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 , •• EXHIBIT "B " AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 686734 Attorney Firm: Phelan Hallinan,LLP Subject: Allison Anne Lefaivre&Anthony L. Flythe Property Address: 102 McCulloch Road,Shippensburg,PA 17257 Possible Mailing Address: (Allison Anne Lefaivre) 167 Greene Meadow Drive, Chambersburg,PA 17202 L CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Allison Anne Lefaivre-xxx-xx-4296 Anthony L. Flythe-xxx-xx-9407 B. EMPLOYMENT SEARCH Allison Anne Lefaivre &Anthony L. Flythe- A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Allison Anne Lefaivre reside(s) at: 167 Greene Meadow Drive,Chambersburg, PA 17202&Anthony L. Flythe reside(s) at: 102 McCulloch Road,Shippensburg,PA 17257. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for Allison Anne Lefaivre&Anthony L.Flythe. B. On 01-03-14 our office made a telephone call to a possible phone number of the subject(s) (240)'357-1386 and received the following information:wrong number.On 01-03-14 our office made a telephone call to a possible phone number of the subject(s) (717)532-5940 and received the following information:not in service. III. INQUIRY OF NEIGHBORS On 01-03-14 our office made several phone calls in an attempt to contact Seth A.Peck (717)300-3414,106 McCulloch Road,Shippensburg, PA 17257: answering machine. On 01-03-14 our office made several phone calls in an attempt to contact Richard J. Snyder (717)532-3539,110 McCulloch Road,Shippensburg,PA 17257: answering machine. On 01-03-14 our office made several phone calls in an attempt to contact Christina L. Yoder(717) 532-3396, 108 McCulloch Road,Shippensburg, PA 17257: answering machine. • On 01-03-14 our office made several phone calls in an attempt to contact James F. Jenkins Jr. (717)446-0322,160 Greene Meadow Drive,Chambersburg, PA 17202:no answer. On 01-03-14 our office made several phone calls in an attempt to contact Susan K. Henry (717) 263-2780,185 Greene Meadow Drive,Chambersburg,PA 17202: answering machine. On 01-03-14 our office made several phone calls in an attempt to contact Angela C. Ott(717) 267-2943,172 Greene Meadow Drive,Chambersburg,PA 17202:no answer. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-03-14 we reviewed the National Address database and found the following information: Allison Anne Lefaivre-167 Greene Meadow Drive,Chambersburg,PA 17202&Anthony L. Flythe-102 McCulloch Road,Shippensburg,PA 17257. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Allison Anne Lefaivre) 167 Greene Meadow Drive,Chambersburg,PA 17202. V.OTHER INQUIRIES A. DEATH RECORDS As of 01-03-.14 Vital Records and all public databases have no death record on file for • Allison Anne Lefaivre&Anthony L.Flythe. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Allison Anne Lefaivre-1978 Anthony L. Flythe-1974 B. A.K.A. Allison Anne Flythe Anthony Hall * Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby 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. 11/4A1 S The above information is obtained from available public records and we are only liable for the cost of the affidavit. • EXHIBIT "C " Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey @phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania February 12,2014 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE 167 GREENE MEADOW DR CHAMBERSBURG, PA 17202-9641 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 RE: FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") v. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE and ANTHONY L. FLYTHE Premises Address: 102 MCCULLOCH ROAD, SHIPPENSBURG,PA 17257-8222 CUMBERLAND County,No. CIVIL-09-2922 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by February 19, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAINEY, Legal Assistant for Phelan Hallinan,LLP 686734 r-, Z to '' �� aN r. 0o oi 1111 11111 J ` A 7 AD I A , co B iirg � - et Pi t! w g - r 7dZy a :✓ o" o ,+ vitrlZ .e b � CD 0 ° "k0 CF! Zy Yom+ < r o'A O G ml t" y ..- "d tv, to 0 0., n, v o ¢ oo 0- te C ° Ti,'a:� 5 CA O n, O rA c X mil—.Zi S ^l etas .. G y n a E. d n � � s g g a o to R..*'o " '[r1 ytnoe r 1.•I' o N• a�ow � z � ° o % a 3 12 a r A n 0 M 3 %,'0 7' W G w 0 o'b `�' c o y C !I.§o w u, co r b .: 0 N H 0 t g K 5% ice' .;� 7�c U.S.POSTAGE>>PITNEY BOW= a ' .'2�',�T ��-�" ° ayy-via' ,�. lr, •`T �.—rte G.� j $ n 7 ril� i y ` 'R ti• ZIP 19103 $ 001 9t •c W o 0001381191FE8 12 201= 0 oo rn w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL • MORTGAGE ASSOCIATION") • CIVIL DIVISION • • Plaintiff • NO. CIVIL-09-2922 • v. • • ALLISON ANNE LEFAIVRE A/K/A ALLISON : i r ; A. LEFAIVRE �;; ' = - ANTHONY L. FLYTHE Defendants ORDER = t.. AND NOW,this day of nQ , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE by: 17 REGULAR MAIL TO ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 Service by mail is complete upon the date of mailing POSTING 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: J. PH# 686734 ✓ PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE, and ANTHONY L. FLYTHE 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 fr2_ ,talccL / 3/4///q/y _. °J� .: ir t ill D'1 ` R -7 11H 10: Phelan Hallinan, LLP r'1 t? BY..RLJ.HC' COUP,' Justin F. Kobeski, Esq., Id. No. db S y LV �� ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 FANNIE MAE("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") • Plaintiff • Civil Division • vs. • CUMBERLAND County • ALLISON ANNE LEFAIVRE No.: CIVIL-09-2922 A/K/A ALLISON A. FLYTHE • ANTHONY L. FLYTHE Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's February 25, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. ALLISON ANNE LEFAIVRE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE A/K/A ALLISON A. FLYTHE 167 GREENE MEADOW DR ANTHONY L. FLYTHE CHAMBERSBURG, PA 17202-9641 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 ANTHONY L. FLYTHE ALLISON ANNE LEFAIVRE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE A/K/A ALLISON A. FLYTHE 2780 FRANCIS SCOTT KEY HWY 370 CHANNING DR TANEYTOWN, MD 21787 CHAMBERSBURG, PA 17201-3201 ANTHONY L. FLYTHE ANTHONY L. FLYTHE ALLISON ANNE LEFAIVRE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE A/K/A ALLISON A. FLYTHE 146 FAYETTE ST 635 SOUTH CAMDEM AVENUE FAYETTEVILLE,PA 17222-1157 FRUITLAND, MD 21826 686734 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE ROXBURY TREATMENT CENTER 601 ROXBURY ROAD SHIPPENSBURG, PA 17257 Phelan H. an, L ' 3/(4// -.)DATE: By: 4A1 Justin F /ob°ski,Esq., Id. No.200392 Attor -y for Plaintiff 686734 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215 -563 -7000 FANNIE MAE ( "FEDERAL NATIONAL MORTGAGE ASSOCIATION ") Plaintiff vs. ALLISON ANNE LEFAIVRE A /K/A ALLISON A. FLYTHE ANTHONY L. FLYTHE Defendants ATTORNEY FOR PLAINTIFF c) Court of Common Plea; s:.° CUMBERLAND Cou t a wo. C? y.., No.: CIVIL -09 -2922 Civil Division MOTION TO MAKE RULE ABSOLUTE FANNIE MAE ( "FEDERAL NATIONAL MORTGAGE ASSOCIATION "), by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above - captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on February 21, 2014. 2. A Rule was issued by the Honorable Albert H. Masland on or about February 25, 2014 directing the Defendants to show cause by March 17, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on March 6, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of March 17, 2014. 686734 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 3/2r/(t' By: Phelan H Jonat Et owicz, Esq., Id. No.208786 Attorrr or Plaintiff 686734 Exhibit "A" 686734 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff v. ALLISON ANNE LEFAIVRE A/IC/A ALLISON A. FLYTHE ANTHONY L. FLYTHE Defendants RULE AND NOW, this .2 NA- day o Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-2922 2014, a Rule is entered upon the Defendants to show cause why an Order should not be en e ed granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion.to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 686734 Jonathan M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ALLISON ANNE LEFAIVRE A/KJA ALLISON A. FLYTHE 167 GREENE MEADOW DR CHAMBERSBURG, PA 17202-9641 ALLISON ANNE LEFAIVRE A/KIA ALLISON A. FLYTHE 2780 FRANCIS SCOTT KEY HWY TANEYTOWN, MD 21787 ALLISON ANNE LEFAIVRE •A/KJA ALLISON A. FLYTHE 146 FAYETTE ST • FAYETTEVILLE, PA 17222-1157. ALLISON ANNE LEFAIVRE A/KIA ALLISON A. FLYTHE ROXBURY TREATMENT CENTER 601 ROXBURY ROAD SHIPPENSBURG, PA 17257 ANTHONY L. FLYTHE 635 SOUTH CAMDEN AVENUE FRUITLAND, MD 21826-1505 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE ANTHONY L. FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE 370 CHANNING DR CHAMBERSBURG, PA 17201-3201 ALLISON ANNE LEFAWRE A/K/A.ALLISON A. FLYTHE 635 SOUTH CAMDEM AVENUE •FRUITLAND, MD 21826 ANTHONY L. FLYTHE 146 FAYETTE STREET FAYETTEVILLE, PA 17222-1157 ANTHONY L. FLYTHE 2780 FRANCIS SCOTT KEY HWY TANEYTOWN, MD 21787-1906 686734 686734 686734 2C; t AR -7 AM 10: 59 a Phelan Hallinan, LLP NI3ERLAND COUNTY Justin F. Kobeski, Esq., Id, No,2003Y4S Y (-VAN! A ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeslci@phelanhallinan.com 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") Plaintiff Civil Division vs, CUMBERLAND County ALLISON ANNE LEFAIVRE No.: CIVIL-09-2922 A/K/A ALLISON A. FLYTHE ANTHONY L. FLYTHE Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's February 25, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below, ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE 167 GREENE MEADOW DR CHAMBERSBURG, PA 17202-9641 ANTHONY L. FLYTHE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE 2780 FRANCIS SCOTT KEY HWY TANEYTOWN, MD 21787 ANTHONY L. FLYTHE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE 146 FAYETTE ST FAYETTEVILLE, PA 17222-1157 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE ANTHONY L. FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257-8222 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE 370 CHANNING DR CHAMBERSBURG, PA 17201-3201 ANTHONY L. FLYTHE ALLISON ANNE LEFAIVRE A/KJA ALLISON A. FLYTHE 635 SOUTH CAMDEM AVENUE FRUITLAND, MD 21826 686734 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE ROXBURY TREATMENT CENTER 601 ROXBURY ROAD SHIPPENSBURG, PA 17257 DATE: By: Justin ski, Esq., Id. No.200392 Anon y or Plaintiff 686734 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215 -563 -7000 FANNIE MAE ( "FEDERAL NATIONAL MORTGAGE ASSOCIATION ") Plaintiff vs. ALLISON ANNE LEFAIVRE A /K/A ALLISON A. FLYTHE ANTHONY L. FLYTHE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL -09 -2922 Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE 167 GREENE MEADOW DR CHAMBERSBURG, PA 17202 -9641 ANTHONY L. FLYTHE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE 2780 FRANCIS SCOTT KEY HWY TANEYTOWN, MD 21787 ANTHONY L. FLYTHE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE 146 FAYETTE ST FAYETTEVILLE, PA 17222 -1157 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE ANTHONY L. FLYTHE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257 -8222 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE 370 CHANNING DR CHAMBERSBURG, PA 17201 -3201 ANTHONY L. FLYTHE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE 635 SOUTH CAMDEM AVENUE FRUITLAND, MD 21826 686734 ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE ROXBURY TREATMENT CENTER 601 ROXBURY ROAD SHIPPENSBURG, PA 17257 DATE: By: Jonaha Etkowicz, Esq., Id. No.208786 Atto y for Plaintiff Phe a a na LLP 686734 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff Civil Division VS. Court of Common Pleas ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE ANTHONY L. FLYTHE Defendants AND NOW, this 3 day CUMBERLAND County No.: CIVIL-09-2922 ORDER , 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance Interest Through March 12, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Appraisal/Brokers Price Opinion $196,255.73 $75,491.25 $258.80 $2,125.00 $4,642.54 $786.11 $675.00 $5,069.50 $90.00 (.2 Fn m rn =7. Crl C:17) 686734 Escrow Deficit. TOTAL $32,028.12 $3 17,422 . 05 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 686734 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FANNTF, MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff VS. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE ANTHONY L. FLYTHE Defendants i 7! !; ii7,7 30 , C f.-:J113ER L AND COUNT PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-2922 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE and ANTHONY L. FLYTHE on 3/18/2014 in accordance with the Order of Court dated 3/3/2014. The property was posted on 3/24/2014. Publication was advertised in The Sentinel on 3/21/2014 & in The Cumberland Law Journal on 3/28/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan'Hallinan, LLP DATE: Q,* By: Meredith ooters, Esq., Id. No.307207 Attorney for Plaintiff -41 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ° Fi NNIE MAE ( "FEDERAL NATIONAL MORTGAGE ASSOCIATION ") Plaintiff v. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE Defendants ORDE CIVIL DIVISION NO. CIVIL- 09 -2922m 9$ :8 WV 1= 8VW h101 AND NOW, this ,, 3/- day of f " 2ri.,‘, , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE by: REGULAR MAIL TO ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257 -8222 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO ALLISON ANNE LEFAIVRE A/K/A POSTING 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257 -8222 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). .r PH # 686734 CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 ALLISON ANNE LEFAIVRE AAA ALLISON A. LEF 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257 -8222 and AN 0 L. FLYTHE Name and Address of Sender PHELAN HALLINAN & SCHMIEG One Penn Center at Suburban, Suite 1400 Philadelphia, PA 19103 Line Article Number Name of Addressee, Street, and Post Office Address Postage its .« 1 *4 ALLISON ANNE LEFAIVRE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257 -8222 2 * * ** 5 - 6 * * ** 7 * * ** g * * ** 9 * * ** 10 * * ** 11 * * ** 12 * * ** 13 * * ** 14 15 RE: ALLISON ANNE LEFAIVRE PHS# 686734 CUMBERLAND Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) LXH- CERTIFICATE OF MAILING -NOS Code #1020 i i i i 7178 2'117 6099 0160 7005 JWI / 686734 ALLISON ANNE LEFAIVRE 102 MCCULLOCH ROAD SHIPPENSBURG, PA 17257 -8222 - -fold here (regular) -- fold here (6x9) - -fold here (regular) i USPS.com® - USPS TrackingTM English Customer Service USPS Mobile USPICOM* Quick Tools Track Enter up to 10 Tracking t Find Find USPS Locations Buy Stamps Schedule a Pickup IcatiSPS TrackingTM Hold Mail Change of Address Ship a Package Tracking Number: 71782417609901607005 Expected Delivery Day: Thursday, March 20, 2014 Product & Tracking Information Postal Product: First-Class Mail® March 26, 2014 , 9:43 am March 25, 2014, 10:34 am Features: Certified Mail TM Delivered Notice Left (No Authorized Recipient Available) March 25, 2014 , 9:34 am Arrival at Unit March 24, 2014, 11:22 Processed through USPS Sort Facility pm March 23, 2014, 10:41 Processed through am USPS Sort Facility March 22, 2014 March 21, 2014 , 6:01 pm March 20, 2014 , 8:37 am Depart USPS Sort Facility Processed through USPS Sort Facility Addressee Unknown Page 1 of 2 Send Mail Manage Your Mail Return Receipt Electronic PHILADELPHIA, PA 19103 PHILADELPHIA, PA 19103 PHILADELPHIA, PA 19104 PHILADELPHIA, PA 19176 LANCASTER, PA 17604 LANCASTER, PA 17604 LANCASTER, PA 17604 SHIPPENSBURG, PA 17257 Et https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901607005 4/14/2014 TlSPS.cDmu® -l}SPS TrackingTm March 20, 2014 March 1Q.2O14.1:4Bpm March 18, 2014 March 18.2D14.8:25pm March 18, 2014 , 7:10 pm March 1T.2D14 Depart USPS Sort Facility Processed through USPS Sort Facility Depart USPS Sort Facility Processed at LiSPS Origin Sort Facility Accepted at USPS Origin Sort Facility Electronic Shipping Info Received What's your tracking (or receipt) number? Page 2 of 2 HARRISBURG, PA 17107 HARRISBURG, PA 17107 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19176 PH|LADELPH|A, PA 19103 LEGAL Privacy Policy ` Terms of Use FOIA No FEAR Act EEO Data > Track It ON USPS.COM ON ABOUT.USPS.COM Government Service , Buy Stamps & Shop ` Print a Label with Postage Customer Service , Delivering Solutions to the Last Mile ` Site Index > About Newsroom , USP8 Service Alerts ` Forms & Publications , Careers ) � o }ttp8://t0o}a.uspo 17824176UQ90l6070O5 4/14/2014 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") DEFENDANT ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE ANTHONY L. FLYTHE CUMBERLAND COUNTY PH # 686734 SERVICE TEAM/ RA COURT NO.: CIVIL-09-2922 SERVE ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE TYPE OF ACTION AT: XX Notice of Sheriff's Sale 102 MCCULLOCH ROAD SALE DATE: 06/04/2014 SHIPPENSBURG, PA 17257-8222 ****PLEASE POST THE PROPERTY*** SERVED Served and made known to ALLISON ANNE LEFAIVRE A/K/A ALLISON A. FLYTHE, Defendant on the 2,41"day of Autite. t , 204- , at (f? b , o'clock I. M., at 102 MCCULLOCH ROAD. SHIPPENSBURG, PA 17257- 8222. in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business, an officer of said Defendant's company. XX Other: POSTED THE PROPERTY Description: Age Height Weight Race Sex Other ROMiid MOLL , a competent adult, hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 3(14 4 On the day of , 20 , a state thii-DeTendant NOT FOUND because: NAME: PRINTED NAME: Ronald olt Process Server NOT SERVED o'clock_. M., I, , a competent adult hereby Vacant Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. at BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schulte& Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No, 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq.. Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq„ Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Mario J. Hanyon, Esq., Id. No. 203993 John M. Kolesnik, Esq., Id. No. 308877 /e) PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Patrick Doane, Production Director, 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): March 21, 2014. COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • NO. CIVIL-09-2922 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Vs. ALLISON ANNE LEFAIVRE and ANTHONY L. FLYTHE NOTICE TO: ALLISON ANNE LEFAIVRE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Iiitn5g-P8rmises: 102 MCCULLOCH ROAD, SHIPPENSBURG, PA Being in SOUTHAMPTON TOWNSHIP, County of CUMBERLAND, Commonwealth of Pennsylvania;•39-14-0169.198 Improvements consist of residential properly. Sold as the property of ALLISON ANNE LEFAIVRE and ANTHONY L. FLYTHE Your house (real estate) at 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 Is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM, at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $210,607.56 obtained by, FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") (the mortgagee), againV the above premises. 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 publication are true. Sworn to and subscribed before me this 0-h dc 411ardi AtActr% My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M. Holtry, Notary Public Carlisle Borg, Cumberland County My.C.ommission Expires Sept. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES y Public PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND (7Lk IAA, 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 March 28, 2014 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. isa Marie Coyne, ditor SWi TO AND SUBSCRIBED before me this 28 day of March, 2014 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COU My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. CIVIL-09-2922 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") vs. ALLISON ANNE LEFAIVRE and ANTHONY L. FLYTHE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: ALLISON ANNE LE- FAIVRE Being Premises: 102 McCUL- LOCH ROAD, SHIPPENSBURG, PA 17257-8222. Being in SOUTHAMPTON TOWN- SHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, 39-14-0169-198. Improvements consist of residen- tial property. Sold as the property of ALLISON ANNE LEFAIVRE and ANTHONY L. FLYTHE. Your house (real estate) at 102 McCULLOCH ROAD, SHIPPENS- BURG, PA 17257-8222 is scheduled to be sold at the Sheriff's Sale on June 4, 2014 at 10:00 A.M. at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $210,607.56 ob- tained by, FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIA- TION") (the mortgagee), against the above premises. PHELAN HALLINAN, LLP Attorneys for Plaintiff Mar. 28 10 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'SOFFICE OF CUMBERLAND COUNTY s i i ;l. jj •r. ri ._4rI1� I IL) i4IJ ti'i f't JUL f 3 Ail 6: 2 _f CUMBERLAND COUNTY PENNSYLVANIA Fannie Mae (Federal National Mortgage Association) vs. Allison Anne Lefaivre (et al.) Case Number 2009-2922 SHERIFF'S RETURN OF SERVICE 01/03/2014 03:22 PM - Deputy Dawn Kell, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 102 McCulloch Road, Southampton - Township, Shippensburg, PA 17257, Cumberland County. 03/05/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/4/2014 06/04/2014 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of , Federal National Mortgage Association, ("Fannie Mae") a corporation organized and existing under the laws of the United States of America, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $908.62 SO ANSWERS, June 20, 2014 (c) C;ourit}Su:te E;neriff.'t'eleoscft. €nc. RON�R ANDERSON, SHERIFF •,;?S rd. Cho. .57) �2 r gygaa 3o(3? -g- On December 13, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered as, 102 McCulloch Road, Shippensburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: December 13, 2013 By: Real Estate Coordinator 01 :11 V OZ AON [101 Vd `l.J jO3 13H 33IJJO • LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2009-2922 Civil Term Fannie Mae (Federal National Mortgage Association) vs. Allison Anne Lefaivre, Lefaivre aka Allison A. Lefaivre Anthony L. Flythe Atty.: Joseph Schalk By virtue of a Writ of Execution No. CIVIL -09-2922, FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") vs. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LE- FAIVRE, ANTHONY L. FLYTHE, owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, CUMBERLAND County, Pennsylva- nia, being 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222. Parcel No. 39-14-0169-198. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: 210,607.56. 51 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 24, January 31, and February 7, 2014 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 7 day of February, 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2Q20 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriotNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2009-2922 Civil Term Fannie Mae (Federal National Mortgage Association) Vs Allison Anne Lefaivre, Lefaivre aka Allison A. Lefaivre Anthony L. Flythe Atty: Joseph Schalk By virtue of a Writ of Execution No. CIVIL -09-2922 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") v. ALLISON ANNE LEFAIVRE A/K/A ALLISON A. LEFAIVRE ANTHONY L. FLYTHE owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, CUMBERLAND County, Pennsylvania, being 102 MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-8222 Parcel No. 39-14-0169-198 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: 210,607.56 This ad ran on the date(s) shown below: 01/19/14 01/26114 021021/4 his 18 day of Fe.rua 2014 A.D. Cu^MMONWEALTH OF PENNSYLVANIA Notarial Seal . Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER. PENNSYLVANIA ASSOCLiTION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal National Mtg Assoc "Fannie Mae" is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 19th day of November, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 2922, at the suit of Fannie Mae "Federal Natl Mtg Assoc" against Allison Anne Lefaivre aka Allison A Lefaivre & Anthony L flythe is duly recorded as Instrument Number 201414933. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this Oki )O44) , A.D. aol y day of / Recorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the first Monday of Jan. 2018