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Home My WebLink About02-5142FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. I-IALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE PROVIDENT BANK, F/K/A PROVIDENT SAVINGS BANK 830 BERGEN AVENUE JERSEY CITY, NJ 07306 Vo Plaintiff SCOTT A. LEHMAN DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 fights important to you. 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 SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 49034226 RMS IF TI-HS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAlL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is THE PROVIDENT BANK, F/FdA PROVIDENT SAVINGS BANK 830 BERGEN AVENUE JERSEY CITY, NJ 07306 The name(s) and last known address(es) of the Defendant(s) are: SCOTT A. LEHMAN DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 1/20/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1249, Page 421. By Assignment of Mortgage recorded 9/27/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 504, Page 1046. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/1/02 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 Interest 5/1/02 through 10/1/02 (Per Diem $19.94) Attorney's Fees Cumulative Late Charges 1/20/95 to 10/1/02 Cost of Suit and Title Search Subtotal $76,554.13 3,070.76 1,250.00 101.00 550.00 $81,525.89 Escrow Credit 0.00 Deficit 251.63 Subtotal $ 251.63 TOTAL $81,777.52 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $81,777.52, together with interest from 10/1/02 at the rate of $19.94 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. By: ,~//~/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL TII.4T ¢i~RT~IIN tract of Itttttl with the bttproverrtentx tItet't:ort erected IIEOINNING at art iro/t piti on the not'thet'tt Hn~ oJ' P¢~lr~.ylvanitJ Rottt e No. 997 at corne~' ~f land no,v or fo~nerly of Ha~ L. Clt~'tttttt; th~tct aloes a. aid la~td tto,v or~r~erly L. Cli~tnut, Nortlt 1~ degree' 21 mittttt~ West. a distance of 433.24~at 1o an irott phi In Hoc of Mod now or fortnerly of Merle ~ltman; theltce along sttM laird Ho~ ot' forr~terly t~ Mcr'la ~Itman. North ~ degree~' 15 tnintaeg ~tst. a tl~tance of 25.20 feet to att irott pin; tl, a~e ~till along sam Hoe of land no,v or fomterly of Merle Lehman. hrortit 64 deg,'aec' 15 t~tlnut~' of lfltld ItO}~ or~on,arly of ~l*vard B. lcke~' atttl through Pent~lvaniu l(ottta No. 997. Soltda ~1 degrtes 15 ~ninttt~ Wist, a distance of 849.~O feet to a point in Pet,t. vyl~tnia Rottta ~o. 997: of B~GINNING. CONT, IININO 7.402 acrea' and having t]tereott erected t: one tt,d olio-hi, If story. alt#nlntttrl $idirtg d,~clling ttotL,'e. BEING Iht: .game pt'¢t~ti.?e.~ whi¢lt Robet't L. Calan,an, Jr. arid Marcia A. ~alantan. Deed Book 'N". Volttttta 33, Pttge 1 [94, gt'a~tted a~td cool,eyed ultto Lorett(~ (7. Martia, gra~ttot' herein. PP,~4ISE BEING: 35 ROXBURY ROAD VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiffin 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 he is 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 its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsification to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: FE, DERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff THE PROVIDENT BANK, F/K/A PROVIDENT SAVINGS BANK SCOTT A. LEHMAN DENISE D. LEHMAN Plaintiff Defendant(s) Court of Common Pleas CUMBERLAND County Ne. 02-5142 PRAECIPE TO WITHDRAW COMPLAINTr WITHOUT PREJUDICE AND DISCONI'INUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff SHERIFP~S RETURN - REGULAR CASE NO: 2002-05142 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDENT BANK THE VS LEHMAN SCOTT A ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being says, the within COMPLAINT - MORT FORE LEHMAN SCOTT A duly sworn according to law, was served upon the DEFENDANT at 1317:00 HOURS, at 35 ROXBURY ROAD NEWVILLE, PA 17241 SCOTT A LEHMAN on the 30th day of October 2002 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this ~_~ _ day of _ A.D. {~dthonotary ' So Answers: R. Thomas Kline Z0/31/2002 FEDERMAN & PHELAN By: _ · De~uty'~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-05142 p COHMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDENT BANK THE VS AEHHAN SCOTT A ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEHMAN DENISE D the DEFENDANT , at 1317:00 HOURS, at 35 ROXURY ROAD on the 30th day of October 2002 NEWVILLE, PA 17241 SCOTT A LEHAMN, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 ..~ ~ ~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 Sworn and Subscribed to before me this 6 ¢~ day of - ~ Z J, ~?~ 2_~ A.D. Pr6thdn6tary ' 10/31/2002 FEDERMAN a PHELAN By: eputy' Sher~