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Home My WebLink About09-6675Phelan 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 ,.,?ndrew 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 217375 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 V. Plaintiff LARRY R. KIEFFER BARBARA L. KIEFFER 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM c NO. 6q -/ CUMBERLAND COUNTY File #: 217375 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 #: 217375 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: LARRY R. KIEFFER BARBARA L. KIEFFER 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/31/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED 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. 1921, Page 1262. 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. File #: 217375 5 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $168,445.99 Interest $5,975.50 04/01/2009 through 10/02/2009 (Per Diem $32.30) Attorney's Fees $1,300.00 Cumulative Late Charges $233.52 08/31/2005 to 10/02/2009 Property Inspections $45.00 Mortgage Insurance Premium / $30.00 Private Mortgage Insurance Cost of Suit and Title Search $750.00 Subtotal $176,780.01 Escrow Credit $0.00 Deficit $2,298.87 Subtotal $2,299-87 TOTAL $179,078.88 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. File #: 217375 Plaintiff is nat seeking a judgment of personal liability (or an in nerdm 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. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 217375 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $179,078.88, together with interest from 10/02/2009 at the rate of $32.30 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? Lawrence T. Phelan, q., Id. . 2227 ? Francis S. Hallinan, Esq., Id. o. 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. Jo es, Esq., Id. No. 86657 ? P Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 217375 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of the public road leading from Boiling Springs to Mount Holly Springs (Route No. 21008) at line of land of Robert C. Fitting and Sidney Roth; thence by said centerline, North seventy (70) degrees forty-five (45) minutes East, three hundred sixty-six and sixty-four one-hundredths (366.64) feet, more or less, to the line of land now or formerly of A.S. Otto; thence by the same, South seventeen (17) degrees forty-five (45) minutes West, one hundred ninety-eight (198) feet, more or less, to the westerly right-of-way of the Gettysburg and Harrisburg Railway Company; thence along said right-of-way line, South twenty- six (26) degrees thirty (30) minutes West, five hundred twenty (520) feet, more or less, to the line of land of Fitting and Roth aforesaid; thence by the latter land, North three (03) degrees fifty-nine (59) minutes East five hundred thirty-three and sixteen one-hundredths (533.16) feet, more or less, to the place of BEGINNING. BEING KNOWN AND NUMBERED as 228 Mill Street Parcel No.: 40-31-2185-030 BEING THE SAME PREMISES which Robert C. Fitting, Jr, Executor of the Estate of A. Ruby Fitting, deceased by deed dated November 6, 1991 and recorded November 6, 1991 in the Cumberland County Recorder of Deeds Office in Deed Book T, Volume 35, Page 606 granted and conveyed unto Robert C. Fitting, Jr. File #: 217375 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: 10 6 1 Attorney for Plain File #: 217375 FlLE?;?rtCE ?F THE Pt`OTH4C) NOTARY 2009 OCT -7 PM 2: 02 WLv4jf #78. so ?CL &,? CK-4 859ryL Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 4,011111, of a ??, ib?r/ft Ivy ;: Vt 1 DTARY 2009 OCT 15 AM r: I I CUM' t - iL_1, .., f4 Metlife Home Loans A Division of Metlife Bank NA Case Number S. LarryvsR. Kieffer 2009-6675 SHERIFF'S RETURN OF SERVICE 10/13/2009 04:06 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2009 at 1606 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Larry R. Kieffer, by making known unto Barbara Kieffer, adult in charge at 228 Mill Street Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/1312009 04:06 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2009 at 1606 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Barbara L. Kieffer, by making known unto herself personally, at 228 Mill Street Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $49.40 SO ANSWE October 14, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff 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. LARRY R. KIEFFER BARBARA L. KIEFFER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6675-CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 217375 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? Lawrence T. Phelan, Esq., Id. No. 32227 2francis 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 Date: 11-13-09 PHS #: 217375 VERIFICATION Mike Fisher hereby states that he/she is Limited Vice PrOi4c"t 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. ?- r cy Name. Mike FlsheT DATE: Title: Limited Vice President Company: METLIFE HOME LOANS File #: 217375 Kieffer 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6675-CIVIL TERM VS. LARRY R. KIEFFER BARBARA L. KIEFFER Defendant(s) : 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: LARRY R. KIEFFER 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 PHS #: 217375 BARBARA L. KIEFFER 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: _; ?7? ? Lawrence T. Phelan, Esq., Id. No. 32227 [3francis 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 Date: 11-13-09 PHS #: 217375 Ria-ORCE OF THE PROTHO !TAR( 2N4 Nov 17 AM ? 23 t 8C; R'L4-6 OQLNTY CNSYNA ; PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. LARRY R. KIEFFER BARBARA L. KIEFFER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/24/2010 to Date of Sale ($31.16 per diem). TOTAL O ~a'F.oo PA ~! ~•~ e~ `/'8.50 a (~•00 " a.sow ~I1~8.~fo -Po A-rr1 ~a'l.oo D~eCo •5o I.L Note: Please attach description of property. PHS # 217375 *,o~s~ga ~#~~ ~E ~ COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-6675-CIVII. TERM CUMBERLAND COUNTY $189.576.38 5 951.56 ~~ r~ ~ ° a _.~r=~t :::w> ~„~ ~f:~. C Y' ." i ~~ ~~ r.-~ c-°~ ~~3 'Y'f ~. 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 ^ Michel M. Bradford, Esq., Id. No. 69849 ^ Judi .Romano, Esq., Id. No. 58745 ^ Sh 1 R. Shah-Jani, Esq., Id. No. 81760 ^ ine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 c~ --•~ rT~ ~~ ~ r"n ~:7 ~ -'°4 ~ .. _~ C~ i~ ;"'' ~~ ~ ~ ~ ~ w O~ ~a W ~ azz Oa ~~ 0 U~ O~ ~~ o~ ~~ ~U z W F~ F O O d O ~~ x~ ~a F as W ~ .-. ~~ ~a~ d~`" r~ A Imo' ~~ ~7 I~ O WU W ,. W a O c w O ~ w °° ~~ U a ~ ~ ~o ~a 0 0 y a a '~ c7 ~ ~ ~ w wN~ WHO ww ~w ~~O "a~0 x g x y ~~.,,'~aH a~H ~~ ~~~ ~ ~~o ~o Q ~-1N~ GG1N~ o N ~ MNN~~~I~MM O~~ozCO,O ~p~p p~ ~OMD ~~Q~ NN C p,,z o dZ ozo~oaM,N~~ d o;d c oz "'a~'vb~b °Z°zz~Z vbW~~b ~~a;,Q,W'~ y"b^~v'v~Z'ti ~N~ ^W ,~wwwbW..; ~~~'b ~ww'~ww~ m M~~ ~ y .--i .. '1 ^ ~ • V ..fir .Ci ~ ~ ~ ~' it ~ ~ t~/1 ~ ~ G) N ~y.awA~~-,v> >tiA.QtiUtiU~ a^~~^^^^ ^^^DD~OO^ 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 NA Plaintiff v. LARRY R. KIEFFER BARBARA L. KIEFFER Defendant(s) Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-6675-CIVIL TERM CUMBERLAND COUNTY CERTIFICATION c~ ...., ~ ~ r ~~ --~ : The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in ff~e=~b ot~ -, caed matter and that the premises are not subject to the provisions of Act 91 because: =`= ~`' -' ~~ ~ ~~ T~~ ~ , ( ) the mortgage is an FHA Mortgage ~ ~ -Y, ( ) the premises is non-owner occupied ~:a ~s~ _ ~ =~- ~ ( ) the premises is vacant ~'`-= ~~' -~'-~'~ (X) Act 91 procedures have been fulfilled ~,,' ~:; ~ -< This certification is made subject to the penalties of'18 Pa. Q'S~A. § 4904 relating to unsworn falsification to authorities. ~ ~ BY• ~,1~ ney for lamti helan 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 .Bradford, Esq., Id. No. 69849 ^ Judith .Romano, Esq., Id. No. 58745 ^ She 1 R. Shah-Jani, Esq., Id. No. 81760 ^ ine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. LARRY R. KIEFFER BARBARA L. KIEFFER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-6675-CIVIL TERM CUMBERLAND COUNTY PHS # 217375 AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, 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 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ~ *,,,, ° ascertained, please so indicate) M ,. ~~- _..,~ LARRY R KIEFFER 228 MILL STREET ' ^~ ;' C; '- i _ ~'- MOUNT HOLLY SPRINGS, PA 17065-1717 ~=; ~- 7 - ..,~ ~ ~,' _ -.~- ~• r- ..':' ;.~ .~.~ o BARBARA L. KIEFFER 228 MILL STREET °~ `~ MOUNT HOLLY SPRINGS, PA 17065-1717 - ~ -~ ,_ c.? om ~, , .. _ `.~ --t ~ 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. 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) ~ e"- 4 TENANT/OCCUPANT Domestic Relations of Cumberland County 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 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 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Buildiug, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 6`~ Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 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 at fall ~tements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsific tion a orities. October 12, 2010 ay: A ey for Plaintiff helan 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 r .Bradford, Esq., Id. No. 69849 ^ Judi .Romano, Esq., Id. No. 58745 ^ Sh 1 R. Shah-Jani, Esq., Id. No. 81760 ^ nine 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 i METLIFE HOME LOANS A DIVISION OF METLIFE BANK COURT OF COMMON PLEAS NA CIVIL DIVISION Plaintiff NO.: 09-6675-CIVIL TERM vs. LARRY R. KIEFFER CUMBERLAND COUNTY BARBARA L. KIEFFER o Defendant(s) ~ =~' ~ NOTICE OF SHERIFF'S SALE OF REAL r.~ :: ~~ r ~-~ 7 PROPERTY r~ -~_~ ,r:~ ,:: , ----0 ~ r~ -- °~ , TO: LARRY R. KIEFFER !~ -;~ ~~ ~` n BARBARA L. KIEFFER ~ ~~'` ~~~~ ~ -`° -'~' 228 MILL STREET y~.°_~ ~~ ~~'~ MOUNT HOLLY SPRINGS, PA 17065-1717 _ - * * 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 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717 is scheduled to be sold at the Sheriff s Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $189,576.38 obtained by METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA (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. f 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-6675-CIVIL TERM METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA vs. LARRY R. KIEFFER BARBARA L. KIEFFER owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 228 MILL STREET. MOUNT HOLLY SPRINGS. PA 17065-1717 Parcel No. 40-31-2185-030. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $189,576.38 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 s LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of the public road leading from Boiling Springs to Mount Holly Springs (Route No. 21008) at line of land of Robert C. Fitting and Sidney Roth; thence by said centerline, North seventy (70) degrees forty-five (45) minutes East, three hundred sixty-six and sixty-four one-hundredths (366.64) feet, more or less, to the line of land now or formerly of A.S. Otto; thence by the same, South seventeen (17) degrees forty-five (45) minutes West, one hundred ninety-eight (198) feet, more or less, to the westerly right-of--way of the Gettysburg and Harrisburg Railway Company; thence along said right-of--way line, South twenty-six (26) degrees thirty (30) minutes West, five hundred twenty (520) feet, more or less, to the line of land of Fitting and Roth aforesaid; thence by the latter land, North three (03) degrees fifty-nine (59) minutes East five hundredthirty-three and sixteen one-hundredths (533.16) feet, more or less, to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Larry R. Kieffer and Barbara L. Kieffer, h/w, by Deed from Robert C. Fitting, Jr. and Jessica A. Fitting, h/w, dated 08/31/2005, recorded 09/01/2005 in Book 270, Page 3797. PREMISES BEING: 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717 PARCEL N0.40-31-2185-030. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6675 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, NA, Plaintiff (s) From LARRY R. KIEFFER and BARBARA L. KIEFFER (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 $189,576.38 L.L.$.50 Interest from 8/24/10 to Date of Sale @ ($31.16 per diem) -- $5,951.56 Atty's Comm Atty Paid $168.40 Plaintiff Paid Date: 10/28/10 (Seal) ._ Due Prothy $2.00 Other Costs David D. Buell, Prothonotary By: REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 93337 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA DEFENDANT LARRY R. KIEFFER BARBARA L. EMPFER PHS # 217375 SERVICE TEAM/ kxc COURT NO.: 09-6615-CIVIL TERM SERVE BARBARA L. KWFFER AT: 228 MILT. STREET MOUNT HOLLY SPRINGS, PA 17065-1717 TYPE OF ACTION XX Notice of Sheriff's Sate SALE DATE: 03/0112011 SERVED Served and made known to BARBARA L. Defendant on theZeday of ©C IOf A 20 (o , at 4'O, o'clock , . M., at ? 2,g AA"! ?igge M the manner described below: Defendant personally served. Adult family member, With whom Defendant(s) reside(s). Relationship is H4tS BA1VA _ 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. S ' Description: Age AQ_ Height ? Weight 14t Race W Sex M Other 1, 720 &4&P a competent adult, being duly sworn according to law, depose and state that I personally [einrissuecE ir}3ktttaptian handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth case on the date and at the address indicated above. 1 kj t T'.: `• .0' C- ' 11 Sworn to and sub 'bed C ;'_RI,EY before me 's tlA, (,+ of MY Ct?M,viItiSC v L `.?nAsCH 7, 2013 Notary: y: S On the y of , 20-, at - o clock _. M., Defendant NOT FOUND because: t _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at _ Service Refused Other. Sworn to and subscribed before me this day of - By: Not ary: ATTO FOR P m' TT l ;? M - ? -t IAW" i rte,l %*. MW . n .. Praedr s. ddW4lGF. li Ns 62flS ,. n.rdc. &a.1y, E.q., hl. xa.62245 i- q...,... - ? MieWe M. e.++tra, Paq„ w. (0a.63f? ,t'i Jrdbh L 1h.avy E,., ti Na snas ... „? ? ,; amb( R Shah-Jaai, Eaq YNa 017N --,. .. o .,..' JobeRDm",FSg,hLNa.$79" 7 + .:1 .. „. ?'-8 Linne? R dan, 8a+, hLNa 97X 7 ?, vivd sdvbuva, Ehq,Jd. No. XMI Jay s. Jaa Fsq, IL Na 06657 . '-'+L" PdarJ•70alehy liaq, ld.Na U73H ._ ?? Aodvaw L Sphadt,1 , W Ne6 8409 .. _... + ` i Jahm McGshw , Eq., K W 90174 n3 " . •"'"'' chdbwlale P. FOdaa, E01)., I& No.94620 .. 71 1 Jo&nLGddmokZ%,hLNw2W47 - Ca neny R Dom Evq, Id. Nw 206779 , Am&t C. kw*6 4, ld. SL 20075 1617 Ja?haF Rowme .-. PMbddpW PA 19105-1014 (215) 563.70M AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA PHS g 217375 DEFENDANT SERVICE TEAM/ lac LARRY R. KIEFFER COURT NO.: 09-6675-CIVIL TERM BARBARA L. KIEFFER SERVE LARRY R. KIEFFER AT: TYPE OF ACTION 228 MILL STREET XX Notice of Sherlff's Sale MOUNT HOLLY SPRINGS, PA 17065-1717 SALE DATE: 03/0112011 SERVED Served and made known to LA&RY R. Defendant on the2day of U4, 20 LO-, at P,A, in the manner described below: 714g, o'clock ? M., at 121 /II,WST; dt-l S of K 19M A/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 nine 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 0 Weight Race W Sex Other I, LL . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. i 'PVFi?RLY CORTY STATEF . ? rvF ?U+3`, Gr ti F+? :U:SEY NOT SERVED MY COMMISY0,N MARCH 7, 2013 20_, at , o'clock M., Defendant NOT FOUND because: Does Not Exist - Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other. Sworn to and subscribed before me this day of - By: Notary: ATTORNEY FOR 52m27 Ln we w T . PhtYy 1hq , r d. w a H Firth ,q li so?, i w iiWS S.Fh D Dd l G sd i L Id wfS818 :• C'+`! ? T e . rn eB, q., . hd rt M 4 F w _ . ' -,? "" Mk l iont sq, ld. N8 9 JWft T. Rama, 8¦+. It w e8745 -' C7 %.MR9Yi-jwdEq,itw8170 R D r Id N BAT! i ;-, M +- + aq., . & Js e eus, _-; -... Lorr it. Trr, laq, ht w 9M VhekStFdrn.Btq,I&N&N I Jay & J4M rAq, Id. W aw AodnwLSpad.laq.,Jd.wN139 [- Jie MtGirr, ttioq, It NO, "IN " Citirrdr6eP.P8ot4o,Fp,rd.Vaf%20 ..-__ r 0 Joieo L Gdimm lhq, K w 39W . Cwnrmq R DoM E q. IL No. MM Drawbidk w ]ID75 Andrew G r f u Ck o I 17J w140 YiF. s PhWW9 IA, PA 191111814 (215)563718! FEDERAL NATIONAL MORTGAGE ASSOCIATION, PLAINTIFF V. LARRY R. KIEFFER, BARBARA L. KIEFFER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-6675 CIVIL ORDER OF COURT AND NOW, this 16th day of December, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before January 6, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ? Sheetal R. Shah-Jani, Esquire Attorney for Plaintiff arty R. Kieffer Barbara L. Kieffer Defendants ba Cor Ces t7-La I s LL 11?jr z rv ?? t M. L. Ebert, Jr., J. C') r,., CD p o z„ r*7 rn -. . rte- --' d C-) s-n CD c on w --i C7 co ?3 x .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF CUMBERLAND COUNTY METLIFE BANK NA , Plaintiff, COURT OF COMMON PbEAit - C- V. CIVIL DIVISION Zm a : 09-6675-CIVIL TE ? No r a LARRY R. KIEFFER . ? f BARBARA L. KIEFFER =a• - ° Defendant(s) Pp ; ..q 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 fo on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing LacVjhereto 817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is a Exhibit Date: ,311 h Q Cawrence T. Phelan, Esq., Id. No. 3 227 ? Francis S. Hallinan, Esq., Id. 695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? S etal R. Shah-Jani, Esq., Id. No. 81760 enine 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 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 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 # 217375 W H U C L E C t,B~ u ? c 04 t "CQJ ld H 'd zao £0 L6 L 3000cuz WOa.4 0 IVW ; oLOZ czl00 9 ? quab000 • 59M0Y ATWd ?` /?? I ` ? g ?„ud 6?" ? F tii o 6 s E p9. O:OH .G w`SQ a•6Q? O ? N ... g ? i ?S 777, ? Q 1 p VJ i M i q PQ C a a y ? p a '? O 'O r Q? ,? ? ? a ? G V v, a ' wo ' t t +,`?.1 $U Cr a.-? ew d ova a!! v $ vw 9 ! ya A g wQ ?' p(7 o?+w Oflp? DD ? O a 3d ?F, a, F?rn a o a a 0? ? o y .,? w a N a o , e N 8 ? c z a'"a?C? ?wa3 o ?.a? W • U y O ...t N M ?t ?A ?D P OC O? ?Ny „My ..4.4 "I I LED ? I??= !CE F THE PRn ONCTARY uH FEB 1 [,N 9: 43 ' VISERLAND COUNTY PEt'NSYLVAINIA 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff V. LARRY R. KIEFFER BARBARA L. KIEFFER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-6675-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE 217375 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 15, 2010. 3. 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 Defendants on December 7, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiff s letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about December 16, 2010 directing the Defendants to show cause 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 "B". 5. The Rule to Show Cause was served upon all parties on December 17, 2010, in accordance with the applicable rules of civil procedure. 6. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 6, 2011. 217375 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: /,//q// / y- 7' /- ( Phelan Hallinan & Schmieg, LLP I I Lawre6e T. Phelan, Esq., Id. No. 2227 ? Francis S. Hallinan, Esq., Id. No 2695 ? Daniel G. Schmieg, Esq., Id o. 62205 ? Michele M. Bradford, , 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 P.'&ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 217375 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FEDERAL NATIONAL MORTGAGE Court of Common Pleas ASSOCIATION Plaintiff Cavil Division V. CUMBERLAND County LARRY R. KIEFFER No.: 09-6675-CIVIL TERM BARBARA L. KIEFFER Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 217375 A Motion to Reassess Damages was filed with the Court on December 15, 2010. A Rule was entered by the Court on or about December 16, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was served upon all parties on December 17, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 6, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. '2 11 q h DATE: -77 Phelan Hallinan & Schmieg, LLP Phelan, Esq., Id. No. 322 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 6220 ? Michele M. Bradford, Esq., Id. No, 849 ? 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 ? ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 217375 Exhibit "A" 217375 8 a a G x? .p 00 Quo U WQ ? aO ^d L E•Lv? z<0 ? u w ai E U ? y c ? J E og ?_ m ? o u x o U ?g 5w° F W o g°oe? N V1 v C o a H in ? ?L ?wOG N v W W i ? a 0. W L ? CG b? .. C ..n w r w? 4-4 0 V k 1 ? p CC pG p ' Z Z J V) z M N V nr N `u ? ?v y H G •-? --? . N M 'V' ? b ? Oo O? ? .N. M ? ? O d M N PIIELAN IIALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schrnieg, LLP Representing Lenders in Pennsylvania and New Jersey December 7, 2010 LARRY R. KIEFFER BARBARA L. KIEFFER 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 RE: FEDERAL NATIONAL, MORTGAGE ASSOCIATION v. LARRY R. KIEFFER and BARBARA L. KIEFFER Premises Address: 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND County CCP, No. 09-6675-CIVIL TERM 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 December 12, 2010. Should you have further questions or concerns, please do not hesitate to contact me° Otherwise, please be guided accordingly. Very truly ye _` Lawrence.?e an, Esquire Francis S. liallinan, 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. Nlulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure V40 Exhibit "B" 217375 FEDERAL NATIONAL MORTGAGE ASSOCIATION, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LARRY R. KIEFFER, BARBARA L. KIEFFER, DEFENDANTS NO. 09-6675 CIVIL ORDER OF COURT AND NOW, this 16th day of December, 2010, upon consideration of the Plaintiff's Motion to Reassess DaVages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before January 6, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ? Sheetal R. Shah-Jani, Esquire Attorney for Plaintiff arty R. Kieffer Barbara L. Kieffer Defendants bas L E.S rY1,oZt t?,frz rd -?\A, UA ?z M. L. Ebert, Jr., J. C-) o C'O p 11 _ O CD : Z- rn rn rn D b 7r =-?7 --n =O - Z ?C `•?' DR -+ 0 3> -< co :D 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 Make Rule Absolute 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. DATE: U Phelan Hallinan & Schmiea. LLP U La nee . Phelan, Esq., Id. No. 2227 EjTrancis S. Hallinan, Esq., /.No. 695 ? Daniel G. Schmieg, Esq., 205 ? Michele M. Bradford, Es69849 ? Judith T. Romano, Esq., 45 ? 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 ? Co enay R. Dunn, Esq., Id. No. 206779 ? drew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 217375 Phelan Hallman & 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 0 Check l O 0 t 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff V. LARRY R. KIEFFER BARBARA L. KIEFFER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-6675-CIVIL TERM CERTIFICATION OF SERVICE 217375 I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. LARRY R. KIEFFER BARBARA L. KIEFFER 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 DATE: Phelan Hallinan & Schmieg, LLP Piflan, Esq., Id. o. 2227 mmenee U La Francis S. Hallinan, Esq., Id. No. 6 1,695 ? Daniel G. Schmieg, Esq., Id. No 2205 ? Michele M. Bradford, Esq., I . o. 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 ? 4rew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 217375 IN TI4E COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff V. LARRY R. KIEFFER BARBARA L. KIEFFER Defendants t m' AND NOW, this I ? day of Court of Common Pleas Civil Division CUMBERLAND C? =: ?m a No.:09-6675-CIVII?Rz -ate =7> C_: W CI ORDER = _. ' t,`p 2011, 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 mine pro tune as follows: Principal Balance $168,445.99 Interest Through March. 2, 2011 $22,612.89 Per Diem $32.30 Late Charges $233.52 Legal fees $1,300.00 Cost of Suit and Title $641.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $112.00 Appraisal/Brokers Price Opinion $90.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $11,113.44 TOTAL $204,549.34 Plus interest from March 2, 2011 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. Allison F Wells, Est t.a,rcy Q. Kie{ r Ra rba,m L . Kiel BY ' HE COURT t ?0?' i"? J. ??11 217375 a S`HERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -ILL J_ Sheriff r?P Jody S Smith ' Chief Deputy ?'z ! ±! Z: 02 Richard W Stewart bEt:;Ltit>> Solicitor Tito ? }t , `?, , Metlife Home Loans A Division of Metlife Bank NA Case Number vs. Larry R. Kieffer (et al.) 2009-6675 SHERIFF'S RETURN OF SERVICE 01/03/2011 09:06 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by postinc a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 228 Mill Street, Mount Holly Springs, PA 17065, Cumberland County. 01/03/2011 09:06 PM - Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be MANDY GALBRAITH, DAUGHTER OF BARBARA KIEFFER, who accepted as "Adult Person in Charge" for Larry R. Kieffer at 228 Mill Street, South Middleton Township, Mount Holly Springs, PA 17065, Cumberland County. 01/03/2011 09:06 PM - Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be MANDY GALBRAITH, DAUGHTER OF BARBARA., who accepted as "Adult Person in Charge" for Barbara L. Kieffer at 228 Mill Street, South Middleton Township, Mount Holly Springs, PA 17065, Cumberland County. 02/25/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/4/2011 05/04/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/06/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $702.80 July 12, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ? 7 _) L17337 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V LARRY R. KIEFFER BARBARA L. KIEFFER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-6675-CIVIL TERM CUMBERLAND COUNTY PHS # 217375 AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, 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 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) LARRY R. KIEFFER BARBARA L. KIEFFER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 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. 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 Domestic Relations of Cumberland County 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 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 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 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 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 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 fa2authorities. "tements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificittion October 12, 2010 A ney for Plaintiff -Phelan Hallinan & Schmieg, LLP Q Lawrence T. Phelan, Esq., Id. No. 32227 Q Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 /Judith . Bradford, Esq., Id. No. 69849 omano, Esq., Id. No. 58745 Shah-Jani, Esq., Id. No. 81760 avey, Esq., Id. No. 87077 Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 Q Jay B. Jones, Esq., Id. No. 86657 Q Peter J. Mulcahy, Esq.; Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 METLIFE HOME LOANS A DIVISION OF METLIFE BANK COURT OF COMMON PLEAS NA Plaintiff VS. : CIVIL DIVISION NO.: 09-6675-CIVIL TERM LARRY R. KIEFFER CUMBERLAND COUNTY BARBARA L. KIEFFER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LARRY R. KIEF F ER BARBARA L. KIEFFER 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 "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 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $189,576.38 obtained by METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA (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. I . 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. 09-6675-CIVIL TERM METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA vs. LARRY R. KIEFFER BARBARA L. KIEFFER owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 228 MILL STREET MOUNT HOLLY SPRINGS PA 17065-1717 Parcel No. 40-31-2185-030. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $189,576.38 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of the public road leading from Boiling Springs to Mount Holly Springs (Route No. 21008) at line of land of Robert C. Fitting and Sidney Roth; thence by said centerline, North seventy (70) degrees forty-five (45) minutes East, three hundred sixty-six and sixty-four one-hundredths (366.64) feet, more or less, to the line of land now or formerly of A.S. Otto; thence by the same, South seventeen (17) degrees ninety-eight (198) feet, more or less, to the westerly right-of-way of the Gett sbuu e and one hundred Harr Railway Company; thence along said right-of-way line, South twenty-six (26) degresthirty ( isb 0) g minutes West, five hundred twenty (520) feet, more or less, to the line of land of Fitting and Roth aforesaid; thence by the latter land, North three (03) degrees fifty-rune (59) minutes East five hundred thirty-three and sixteen one-hundredths (533.16) feet, more or less, to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Larry R. Kieffer and Barbara L. Kieffer, h/w, by Deed from Robert C. Fitting, Jr. and Jessica A. Fitting, h/w, dated 08/31/2005, recorded 09/01/2005 in Book 270, Page 3797. PREMISES BEING: 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717 PARCEL NO. 40-31-2185-030. LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of the public road leading from Boiling Springs to Mount Holly Springs (Route No. 21008) at line of land of Robert C. Fitting and Sidney Roth; thence by said centerline, North seventy (70) degrees forty-five (45) minutes East, three hundred sixty-six and sixty-four one-hundredths (366.64) feet, more or less, to the line of land now or formerly of A.S. Otto; thence by the same, South seventeen (17) degrees forty-five (45) minutes West, one hundred ninety-eight (198) feet, more or less, to the westerly right-of-way of the Gettysburg and Harrisburg Railway Company; thence along said right-of-way line, South twenty-six (26) degrees thirty (30) minutes West, five hundred twenty (520) feet, more or less, to the line of land of Fitting and Roth aforesaid; thence by the latter land, North three (03) degrees fifty-nine (59) minutes East five hundred thirty-three and sixteen one-hundredths (533.16) feet, more or less, to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Larry R. Kieffer and Barbara L. Kieffer, hlw, by Deed from Robert C. Fitting, Jr. and Jessica A. Fitting, h/w, dated 08/31/2005, recorded 09/01/2005 in Book 270, Page 3797. PREMISES BEING: 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717 PARCEL NO. 40-31-2185-030. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-6675 Civil COUNTY OF CUMBERLAND) 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, NA, Plaintiff (s) From LARRY R. KIEFFER and BARBARA L. KIEFFER (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; (=)) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anvone 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 5189,576.38 L.L.S.50 Interest from 8/24/10 to Date of Sale @ ($31.16 per diem) -- 55,951.56 Atty's Comm Atty Paid 5168.40 Plaintiff Paid Date: 10/28!10 (Seal) REQUESTING PARTY: Due Prothy 52.00 Other Costs Devi . Buell, rothonotary By: Deputy Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attornev for PLAINTIFF Telephone: 215-563-7000 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This ant- day of 0& , 201_ +--E6-Lx V- ", ()p Prothonotary Supreme Court ID No. 93337 On November 2v', 20 i t? the S1ierit H evied upon the defendant's interest in the i,eal property situated in South Middleton Vownship, Cumberland County, PA, l{nown and numbered as 228 1/1111 Street Mount Holly Springs, more to ly described on Exhibit: A„ filed with this writ ano by this reterence incorporated hercii, Date: November 22, 2010 i i 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, January 28, February 4, and February 11, 2011 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. Lida Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 11 day of February, 2011 Notary '`' NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-6675 Civil Metlife Home Loans A Division of Metlife Bank NA vs. Larry R. Kieffer Barbara L. Kieffer Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 09-6675-CIVIL TERM, METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA vs. LARRY R. KIEFFER, BARBARA L. KIEFFER, owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717. Parcel No. 40-31-2185-030. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $189,576- .38. 32 1 -4 ._- ie `ae:riot-mews Co. 2") 20 et;hno ogy Pkwy iuite :300 Me?hailicsburq, PA 17050 In luir os - 71 255-8213 CUMBERLAND CO SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ?he ?latriot 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 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. PUBLICATION COPY This ad ran on the date(s) shown below: 2009-6675 Chill Term 1/28/11 Mstllfe Home Loans A Division of Metllfe Bank NA 2/4/11 Vs Larry R. Kieffer I 2111111 Barbara L. Kieffer At ty Daniel Schmleg .......:. By virtue of a Writ of Execution NO. 09-6675-CIVIL TERM J METLIFE HOME LOANS A DIVISION _ Sworn to af ?l subscrib d b f ' 2 O OF METLIFE BANK NA y j e e ore me thi,9. 2 dayr' f February, 2011 A. D. i VS. LARRY R. KIEFFER BARBARA L. KIEFFER -- owner(s) of property situate in the Notary Public TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 228 MILL STREET, MOUNT HOLLY COMMONWEALTH OF PENNSYLVANIA SPRINGS, PA 17065-1717 ---??- Notarial Seal Parcel No. 40-31-2185-030. Sherrie L Klsrter, Notary Public (Acreage or street address) ,ewer Paxton Twp., Dauphin County Improvements thereon: RESIDENTIAL My Commission Expires Nov. 26, 2011 DWELLING ?mhnconnCVivRtl?? A,.c.;wieinn of Notaries JUDGMENT AMOUNT: $189,576.38 Phelan Hallinan & Schmieg, 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 NA COUNTY n Plaintiff rnc u Vs. No. 09-6675-CIVIL TERM Qn, LARRY R. KIEFFER BARBARA L. KIEFFER Defendant(s) =Q o NO 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 11/12/2010 in Instrument # 201032948 in the Recorder of Deeds Office in and for Cumberland County. Kindly amend the information on the docket Date: February 13, 2012 By: (./ Att or or Plaintiff Ph n Hallinan &Schmieg, LLP awrence "r. 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 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? 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 ? Andrew J. Marley, Esq., Id. No. 312314 ? R ert W. Cusick, Esq., Id. No.80193 PHS 217375 John M. Kolesnik, Esq., Id. No.308877 OkWA %9.Sbau 11s4ugg-VAPI-09 V,t(-a -71335 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 NA Plaintiff Vs. LARRY R. KIEFFER BARBARA L. KIEFFER Defendant(s) Attorney For Plaintiff : COURT OF COMMON PLEAS COUNTY : No. 09-6675-CIVIL TERM PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF AND 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") Date: February 13, 2012 By: Attorne for Plaintiff Phe Hallinan & Schmieg, LLP awrence 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. 866.57 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? 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 ? Andrew J. Marley, Esq., Id. No. 312314 ? Rpbert W. Cusick, Esq., Id. No.80193 ohn M. Kolesnik, Esq., Id. No.308877 PHS 4 217375 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6675 Civil 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 LARRY R. KIEFFER BARBARA L. KIEFFER (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: $204549.34 L.L.: Interest from 03/03/2011 to Date of Sale ($33.62 per diem) ---- $15532.44 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $923.20 Other Costs: Plaintiff Paid: Date: 3/1/12 David D. Bu 1, Prothonot (Seal) Deputy REQUESTING PARTY: Name: John Michael Kolesnik, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 JFK Blvd., Ste., 1400 Philadelphia, PA 19103-9897 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff v LARRY R. KIEFFER BARBARA L. KIEFFER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/03/2011 to Date of Sale ($33.62 per diem) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-6675-CIVIL TERM CUMBERLAND COUNTY $204,549.34 $ 15,532.44 TOTAL Note: Please attach description of property. PHS # 217375 q q. e a, P 702• gu 11 11 78. 50 lr 114 .00 Aq - 019 60 11 s0 41•"? S Gi. Co. R- 7-,7q-- X7093 C#-s 115zts-e,2111,5 7315 E \X/0 OT 9-A l'SSu e v $2 81.78 (n Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff 2 . = ? ;7 -0 r,-1 U! C„)fn CD -- ?? 5: _4 G) ?I o? ?a az z oa ?F C4 Ov ce z O? U w w? O H V O rw V rQ V O 0 a w w- Wa w > w ww? w w ? a-,=::s a? z 0 H U w w w O O w w w a v 0 U U L O G=+ 0 r, r- c r o r , cu w n. w W LL, a W ?a 00 O 00 Q N C ? JN CqN {L 00 O a `o z a E w ?o 73 a 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 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff V. LARRY R. KIEFFER BARBARA L. KIEFFER Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-6675-CIVIL TERM CUMBERLAND COUNTY 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 ( ) the premises is vacant (X) 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: Pran Hallinan & Schmieg, LLP hn Michael Kolesnik, Esq., Id. No.308877 Attornev for Plaintiff v _, cg's ? ?v c') C) DC X. -°G sa is pi cam r-a -» oM 5 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSO?,IATION") Plaintiff V. LARRY R. KIEFFER BARBARA L. KIEFFER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-6675-CIVIL TERM CUMBERLAND COUNTY PHS # 217375 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 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717. Name and address of Owner(s) or reputed Owner(s): Name LARRY R. KIEFFER BARBARA L. KIEFFER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE C: ` 3'F Address (if address cannot be reasonably m .,.. 5 ascertained, please so indicate) r- r-,3 cn ? 228 MILL STREET tom-: -„ MOUNT HOLLY SPRINGS PA 17065-1717 , :r c) r C= 228 MILL STREET 77 1 y, MOUNT HOLLY SPRINGS, PA 17065-1717 %r 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 every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: id'ame Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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 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 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: e If /2 By: Gn Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : VS. : NO.: 09-6675-CIVIL TERM LARRY R. KIEFFER CUMBERLAND COUNTY BARBARA L. KIEFFER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY - { . .. TO: LARRY R. KIEFFER ...? <c? BARBARA L. KIEFFER A , 228 MILL STREET G :' n MOUNT HOLLY SPRINGS, PA 17065-1717 'i co ? "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 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $204,549.34 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. 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. 09-6675-CIVIL TERM FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") vs. LARRY R. KIEFFER BARBARA L. KIEFFER owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717 Parcel No. 40-31-2185-030. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $204,549.34 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of the public road leading from Boiling Springs to Mount Holly Springs (Route No. 21008) at line of land of Robert C. Fitting and Sidney Roth; thence by said centerline, North seventy (70) degrees forty-five (45) minutes East, three hundred sixty-six and sixty-four one- hundredths (366.64) feet, more or less, to the line of land now or formerly of A.S. Otto; 'thence by the same, South seventeen (17) degrees forty-five (45) minutes West, one hundred ninety-eight (198) feet, more or less, to the westerly right-of-way of the Gettysburg and Harrisburg Railway Company; thence along said right-of- way line, South twenty-six (26) degrees thirty (30) minutes West, five hundred twenty (520) feet, more or less, to the line of land of Fitting and Roth aforesaid; thence by the latter land, North three (03) degrees fifty- nine (59) minutes East five hundred thirty-three and sixteen one-hundredths (533.16) feet, more or less, to the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Larry R. Kieffer and Barbara L. Kieffer, Ii/w, by Deed from Robert C. Fitting, Jr. and Jessica A. Fitting, h/w, dated 08/31 /2005, recorded 09/01/2005 in Book 270, Page 3797. PREMISES BEING: 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717 PARCEL NO. 40-31-2185-030. PRAECIPE TO REASSESS DAMAGES P.R.C.P.3180-3183 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff V. LARRY R. KIEFFER BARBARA L. KIEFFER Defendant(s) PRAECIPE TO REASSESS DAMAGES To the Prothonotary: COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-6675-CIVIL TERM CUMBERLAND COUNTY Kindly Reassess the Damages per the Court Order dated February 16, 2011 in favor of the Plaintiff and against LARRY R. KIEFFER and BARBARA L. KIEFFER, defendant(s). As Set Forth in the Order $204.549.34 Ap&mey for Plaintiff helan Hallinan & Schmieg, LLP John M. Kolesnik, Esq., Id. No. 308877 rrr ? r4ri 35 CD CD :r F c L .. ,+ 16. 5V .-2 #It62sIF? /??.27/792 r IN .[ HE COURT OIL \.,O YUNIOi.\ PLEAS CUMBERLAND COUNTY, PENNSYL.VANIA I L.'DERAt, NATIONAL, MORTGAGE ASSOCIATION Plaintiff V. LARRY R.. KII: F 1-. Z BARBARA T.:. KIEFFl R. Defendants Court of Connrnon Pleas Civil Division C.UMBERI.. ANIL) COll.lity No.: 09-6675-CIVll' l?l_?RM ORDER AND NOW, this ILo?'` day of Feb , 2011, upon consideration of'Plaintilf's Motion to Make Rule AbsolLite, it is hereby OR.DF'RED and DFCRIFID, t11at the Rule entered uporl Deim3a lts shall be and is hereby made absolute; axed Plaintiff's Motic?n to ReGrsscss Danl?lges in the above captained rnatterr :is hereby GRANJ'11 D. The Prothonotary is ordered to amend th.e Judgment and the Sheriff is ordered to amend t ne. writ nUnc pro t:unc as R)llows: Principal Balance Interest Through March 2, 2011 Per Diem. `'x32.30 Tate Charges Legal fees Cost. of Suit axed "Title Stx°rif rs Sale Costs Property Inspections/ Property Preservation Appraisal/L3rokers Price Opinion Mortgage Insurance Premium i Private Mortf;agc; Insurance. ?'Jon Su icient. Funds Charge Suspense/misc. Credits f:,scrov-v Deficit TOTAL $168,445,99 $2 2,61.2.89 $233.52 $ t .3(10.00 $641.50 $0.00 $112.00 $90.00 $0.00 $0,00 (so.w)) $11,113.44 $204,549.34 Plus interest from March 2, 2011 through the date of sale at six percent per annum,, Note: The above figure is not a payoff quote. Sheriff: con3rnission is Ilot Hiclucfecf ul the above ffigure. BY T111-1 C'OTJRT 2 17375 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: LARRY RUSSELL KIEFFER BK. No. 1:11-bk-02654 MDF F/DB/A DOUBLE K. AUTOMOTIVE BARBARA LOUISE KIEFFER Chapter No. 07 Debtors FANNIE MAE 11 U.S.C. §362 Movant V. LARRY RUSSELL KIEFFER F/DB/A DOUBLE K. AUTOMOTIVE A/K/A LARRY R. KIEFFER BARBARA LOUISE KIEFFER AWA BARBARA L. KIEFFER and LAWRENCE G. FRANK, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of FANNIE MAE (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, 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717, 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 Sheriffs 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; and it is further; ORDERED that Movant shall be permitted to communicate with the Debtors and Debtors' counsel to the extent necessary to comply with applicable nonbankruptcy law; and it is further; ORDERED that Rule 4001(a)(3) is not applicable and FANNIE MAE may immediately enforce and implement this Order granting relief from the automatic stay. By the Court, Chief BankWtcy Judge (JG) Dated: May 18, 2011 Case 1:11-bk-02654-MDF Doc 13 Filed 05/18/11 Entered 05/18/11 15:47:17 Desc AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY F ANNIE MAE ( FEDERAL NATIONAL MORTGAGE ASSOCIATION") DEFENDANT LARRY R. KIEFFER BARBARA L. KIEFFER PHS # 217375 SERVICE TEAM/ lxh COURT NO.: 09-6675-CIVIL TERM SERVE LARRY R. KIEFFER AT: 320 FALLING SPRINGS ROAD LANDISBURG, PA 17040-9204 SERVED TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 6, 2012 Served and made known to LARRY R. KIEFFER, Defendant on the day of 20 (a C=- _ 3S, o'clock A. M., at Sao F1}te /tlI Er $PQtKbS Pp D , in the manner described below: - _ Defendant personally served. ? A t 3 8 V26 CrJ rn ?Adult family member with whom Defendant(s) reside(s). M t -a Relationship is tv 1 cnr Adult in charge of Defendant's residence who refused to give name or relationship. 1 _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). p. -Y _ Agent or person in charge of Defendant's office or usual place of business. ' = CD - an officer of said Defendant's company. - C? C-- 3 - _ Other: : Desc?ion: Age 40 Height cS„ Weight ?a Race W Sex_ Other r'ti3 1, KOPO A /V6 t-L, 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. DATE: ?i . NAME: PRINTED NAM : TITLE: 1 p?-dCS c?? NOT SERVED On the day of , 20_, 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: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 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 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") PHS # 217375 DEFENDANT SERVICE TEAM/ lxh LARRY R. KIEFFER COURT NO.: 09-6675-CIVIL TERM BARBARA L. KIEFFER SERVE BARBARA L. KIEFFER AT: TYPE OF ACTION 320 FALLING SPRINGS ROAD XX Notice of Sheriffs Sale o LANDISBURG, PA 17040-9204 SALE DATE: June 6, 2012 SERVED -A -- Served and made known to BARBARA L. KIEFFER, Defendant on the ( '"day of ?I4 I ,? 20 ?t- -- :: tw'3 ° ?I :3S o'clock A. M., at 320 r-& iN& 502, IVGS RaO , in the manner described below: ? --- -: V Defendant personally served. L D tSBt!}?, P R t G 7>'C-) 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). - -' f - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: Description: Age !1]05 Heights `5 _ Weight Jr' d Race Sex Other I, PQ p4a, MO/,l , 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. T-ft-44116 ''v` DATE: NAME: ./J?Q PRINTED NAME: "kQ o r- 6 ` & I-L TITLE: Pj&SS cJy?=1L NOT SERVED On the day of , 20_, 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: 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 PLAINTIFF 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 .10 --. PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 1 E. Ll r '? i i'(Jfi 1iu vO TiAk Attorney for Plaintiff ,U11BERLAND COUNTY t1,NsYLVAH1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL CUMBERLAND COUNTY MORTGAGE ASSOCIATION") Plaintiff, COURT OF COMMON PLEAS V. LARRY R. KIEFFER BARBARA L. KIEFFER Defendant(s) CIVIL DIVISION No.: 09-6675-CIVIL TERM 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 (F 3817) nd/or Ce - ed Mail Return Receipt stamped by the U.S. Postal Service is att ched here Exhibi `A". a J. Cantwell, Esquire Attorney for Plaintiff Date: .? IMPORTANT N ICE: 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 # 217375 v J C\ V1 A W N ?+ 7 n ?- a? a x• x- x• x x- x- x- x x• x x- x- x- cu x• M- x- x- %- x- w Z x- x• x• x• x- x- * c rn d?c ?N? d O°° z? 3 ? m -1 to ?^ z 3 a ?0 ?e .. D m co o ° x o ? -n ? o cr ° k ??? o o° z a H C 2 o -? -9 W p a eo OA 00 J a? o = ><? a??'? o< o a?°?°' a a r?n OQ eo rr ?' ° r A C O ?.+ r+ „re C. 00 R7 r. ° o m et cn o H ^t o x a ° ? ? 06 CD qt? n o m J a w D a b ? m v, w c O I o z a d ?, ? =1 v ? ~ a H a a < a ° W m H k 1r? ?.1 r.l w m o n '.N R E; W b, p , c ? J n I N ° t D i o ? r, v. 0 0. 0 Oo r c ^ o c d a 3 = 3 c n ? '^ 3 m 2 c n -fan o- 3 m ? c . w 3 m c w a £ 0am 3 o 2.2 m o v ? ? o. P+1 Z, .t ,. = .. ,a. ., n °o? c e9? m m o ? c ? lD 0>z -+) Q. w 1 ? cT s ?? xw 'T1 ,?., G w a?<= w a cn w c ? Q Cr CD r. CD b T T N N n a SHERIFF'S OFFICE OF CUMBERLAND Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~aa~~t~+ ct ~u,r~bnrr~~~ ~-. t~~fr~~. ~t.~;.~G~ic~ COUNTY 6 „A ~~-~ i . ~ ;~,,, ;, Metlife Home Loans A Division of Metlife Bank NA vs. Larry R. Kieffer (et al.) Case Number 2009-6675 SHERIFF'S RETURN OF SERVICE 03/19/2012 02:05 PM -Deputy Stephen Bender, being duly sworn according to law, states service was performed y posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled actin , upon the property located at 228 Mill Street, South Middleton Township, Mount Holly Springs, PA 1706 , Cumberland County. 03/19/2012 02:05 PM -Deputy Stephen Bender, being duly sworn according to law, attempted service to the Defendant, to wit: Larry R. Kieffer at 228 Mill Street, South Middleton Township, Mount Holly Springs, A 17065. The address was found to be vacant. A forwarding address was provided by the Carlisle Postmaster of 320 Falling Springs Road, Landisburg, PA 17040. 03/19/2012 02:05 PM -Deputy Stephen Bender, being duly sworn according to law, attempted service to the Defendant, to wit: Barbara L. Kieffer at 228 Mill Street, South Middleton Township, Mount Holly Spring , PA 17065. The address was found to be vacant. The address was found to be vacant. A forwarding address was provided by the Carlisle Postmaster of 320 Falling Springs Road, Landisburg, PA 17040. 03/27/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search a d inquiry for the within named Defendant, to wit: Barbara L. Kieffer, but was unable to locate the Defend nt in his bailiwick. He therefore deputized the Sheriff of Perry County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 03/27/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search a d inquiry for the within named Defendant, to wit: Larry R. Kieffer, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Perry County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 04/09/2012 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheri of Perry County upon Barbara L. Kieffer, who accepted for Larry R. Kieffer, at 320 Falling Springs Roa , Landisburg, PA 17040. So Answers: Margaret F. Flickinger, Deputy, Sheriff. 04/09/2012 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheri of Perry County upon Barbara L. Kieffer, personally, at 320 Falling Springs Rd, Landisburg, PA 17040. S, Answers: Margaret F. Flickinger, Deputy Sheriff. 06/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice h d been given according to law, he exposed the within described premises at public venue or outcry at th Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10: 0 AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $773.59 SO ANSWERS, August 20, 2012 R ANDERSON, SHERIFF lc CauntySulte Sl~erift, 7elea~~fl, Inc. ~~~~ ~. ~ - ~s PAC. ,ems- a >9~~~' FANNI~ MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff v. LARRY R. KIEFFER , BARBARA L. KIEFFER , Defendant(s) , COURT OF COMMON PLEAS CIVIL DIVISION NO.. CUMBERLAND COi PHS # 217375 AFFIDAVIT PURSUANT TO RULE 3129.1 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION"), Plaintiff in the above action, by 1 undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information con real property located at 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) LARRY R. KIEFFER 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 BARBARA L. KIEFFER 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 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 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 sale. Name Address (if address cannot be reasonably ascertained, please indicate) the be sold: by the None. 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 TENANT/OCCUPANT Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Address (if address cannot be reasonably ascertained, please indicate) 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program 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 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 l3 North Hanover Street Carlisle, PA 17013 P.O. Box 2-675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my person knowledge or information and belief. I understand that false statements herein are made subject to th penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ,~ Date: Z ~~ /2 By: Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ney for Plaintiff FANNIE MAE ("FEDERAL NATIONAL MORTGAGE COURT OF COMMOl~ PLEAS ASSOCIATION") CIVIL DIVISION Plaintiff NO.. LARRY R. KIEFFER BARBARA L. KIEFFER V5. Defendant(s) CUMBERLAND CO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LARRY R. KIEFFER BARBARA L. KIEFFER 228 MILL STREET MOUNT HOLLY SPRINGS, PA 17065-1717 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION ~ WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAND THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-17: scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Cou South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $204,549.34 obtained by l MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") (the mortgagee) against you. In the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 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, co reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 ; 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 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 have of stopping the sale. (See notice on page two on how to obtain an attorney YOU MAY EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. TO SA TY OTHER RI )BTAINED RUPTCY, ONLY 7 is ~thouse, 'ANNIE the event 129.3. and t, you will 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 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 fin 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 prop~rty 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 th 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 schedul of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) ays 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 ac rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with t e 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 after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED ELO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-6675-CIVIL TERM FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") vs. LARRY R. KIEFFER BARBARA L. KIEFFER owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717 Parcel No. 40-31-2185-030. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $204,549.34 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 2L5-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of the public road leading from Boiling Springs to Mount Holl Springs (Route No. 21008) at line of land of Robert C. Fitting and Sidney Roth; thence by said centerline North seventy (70) degrees forty-five (45) minutes East, three hundred sixty-six and sixty-four one- hundredths (366.64) feet, more or less, to the line of land now or formerly of A.S. Otto; thence by the sa e, South seventeen (17) degrees forty-five (45) minutes West, one hundred ninety-eight (198) feet, more or ess, to the westerly right-of--way of the Gettysburg and Harrisburg Railway Company; thence along said right of- way line, South twenty-six (26) degrees thirty (30) minutes West, five hundred twenty (520) feet, more o less, to the line of land of Fitting and Roth aforesaid; thence by the latter land, North three (03) degrees fi - nine (59) minutes East five hundred thirty-three and sixteen one-hundredths (533.16) feet, more or less, t the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Larry R. Kieffer and Barbara L. Kieffer, h/w, by from Robert C. Fitting, Jr. and Jessica A. Fitting, h/w, dated 08/31/2005, recorded 09/01/2005 in 270, Page 3 797. PREMISES BEING: 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717 PARCEL NO.40-31-2185-030. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6675 Civil 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 LARRY R. KIEFFER BARBARA L. KIEFFER (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: $204}549.34 L.L.: Interest from 03/03/2011 to Date of Sale ($33.62 per diem) ---- $15,532.44 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $923.20 Other Costs: Plaintiff Paid: Date:3/1/12 David D. B ell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: John Michael Kolesnik, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 JFK Blvd., Ste., 1400 Philadelphia, PA 19103-9897 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 TRUE COPY'l~ROM RECD In Tsstlngny wtw!so~ 1 hs~ wNb sat and thr teal dsand tact Ot ais, 'li'Ns.~.. ..d~l~l It ~ ~.. ~0 ~ ,c prP.~Re ~ hand On March 14, 2012 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, known and numbered 228 Mill Street, Mount Holly Springs, PA 17Q€5-1717 more fully described on Exhibit"A" fi4d with this writ and. by this reference incorp©rated herein. Date: March 14, 2012 By: For Claudia Brewbaker, Real Estate Cc'~~~=~ator OMrwi Ym ~r q~7 anocl i ,ipe~lsilw ~~»~?' Af .aW .Nail !It W~tA #4 Mwrt +er brHt ~~ +l . ~ ;, CUMBERLAND LAW JOURNAL Writ No. X009-6675 Civil Term Fannie Mae ("Federal National Mortgage Association°) vs. Larry R. Keiffer, Barbara L. Keiffer Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 09-6675-CML TERIVI FANNIE MAE ("FEDERAL NATIONAL MORT- GAGE ASSOCIATION°) vs. LARRY R. KIEFFER, BARBARA L. KJEF- FER, owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, Cumberland County. Pennsylvania, being 228 MILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1717. Parcel No. 40-31-2185-030. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENTAMOUNT: $204,549- .34. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 75 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 anc State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Lai Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesa 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 regularl; 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, 27, May 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Cuml Law Journal, a legal periodical of general circulation, and that he is not interested in the 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. r .-- is Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 11 da of Ma 2012 Notary NOTARiAI SE DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28.2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify the Sheriff s Deed in which Fedeal National Mortgage Assoc is the grantee the same having been sold to said grantee on the 6 day of June A.D., 2012, under and by virtue of a writ Execution issued on the (1 day of March, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2009 6675, at the suit of Fannie Mae (Federal National Mortga~?e Cora) against L. Kieffer is duly recorded as Instrument Number 201225361. IN TESTIMONY WHEREOF, I have hereunto set r and seal of said office this ~l ~~ ~, A.D. Recorder of hand of The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he~latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 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. PUBLICATION COPY This ad ran on the date(s) shown below: 04/27/12 iFta~ ~ ~qy 05/04/12 ~'DiO"~ 05/11 /12 9~a L l~Nler ~ . ~~~1 I ~.: I . ~ , ."~. Attp: branliN 9 ..... 'ACC:- ?^,~----- ..... . By Virtue Of A Wtit Cif Faewtion No. 09.6675-Civ~ 16rivi Fannie Mae ("Federal NationatMortgageAssopation°~) Sworn to and~sG scribed fore e this 2Z d~f May, 2012 A.D. Vs. ~l Ixrry R Kieffer ,~-~"~ r -: - Barbara L Kieffer ~ L L ( , '~. __ & _ ~ ' , ~ ' .- ` - owner(s) tJf PraFeny situate In south ` ~ Notary Public Middleton Tbvvnahip, Cumberland county, Pennsylvania, Being ( ) Mt1l Street, Mount Holly springs, Pa 1719 Parcel No.40-31-2185-030 eUrstreetAddress) COMMONWEALTH OF PENNSYLVANIA provements Thereon: Residential Notarial Seal ~~B Sherrie L Owens, Notary ?ublic Judgment Amount: 5204,549.34 Lower Parton Twp., Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES