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HomeMy WebLinkAbout01-04013FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY 1111 NORTH POIIVT DRNE BUILDING 4, SUITE 100 COPPELL, TX 75019 Plaintiff v. CHARLES W.LEHR SUSAN M. LEHR 126 NORTH FREDERICK STREET MECIIADIICSBURG, PA 17055 Defendant(s) TERM No.U1 - ~F413 ~tu~l~~~ CUMBERLAND COUNTY CIVII. ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII,L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIIt117ED, 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 appeazance 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 maybe 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. 1F 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION Loan #: 013903360208888 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAII2 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) DAY5 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 THIItTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVH)E5 THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITffiN 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 TffiS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR TAE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THHtTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. .. 1. Plaintiff is ASSOCIATES CONSUMER DISCOUNT COMPANY 1111 NORTH POINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 2. The name(s) and last known address(es) of the Defendant(s) are: CHARLES W.LEHR SUSAN M. LEHR 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/10/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1460, Page 504. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/15/00 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. A copy of such notice is attached as Exhibit "A." 6. The following amounts are due on the mortgage: Principal Balance $91,292.49 Interest 6,483.24 9/15/00 through 5/15/O1 (Per Diem $26.68) Attorney's Fees 4,000.00 Cumulafive Late Charges 0.00 6/10/98 to 5/15/O1 Cost of Suit and Title Search 550.00 Subtotal $102,325.73 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $102,325.73 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be chazged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regulaz and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and conect copy of such notice(s) attached hereto as Exhibit "A." 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 Plainfiffls written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; 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 $102,325.73, together with interest from 5%15/Ol/Ol at the rate of $26.68 per diem to the date of Judgment, and other costs and chazges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~~~ ///s/ Frank Federman FRANK FEDERMAN, ESQUIItE Attorney for Plaintiff .~ ACT 9 ]. NOTICE TAKE ACTION TO SAVE YOUR -HOME FROM DATE: May 24, 2001 FORECLOSURE TO: Susan M. Lehr Charles W. Lehr 126 North Frederick Street 126 North Frederick Street Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgaee on vour home is in default and the lender intends to foreclosure. Specific informafion about the nature of the default is provided in the attached naees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPI maybe able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice withyou when you meet the Counseling Agency_ The name. address and phone number of Consumer Credit Counseline Aeencies servine vour County_are listed at the end of this Notice. If you have anv Questions, you may call the Penn~lvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearine can call (7 1 71 780-18691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency maybe able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADNNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINiJAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. EXHIBIT A STATEMENTS OF POL[CY HOMEOWNER'S NAME(S): Susan M. Lehr and Charles W. Lehr PROPERTY ADDRESS: 126 North Frederick Street - Mechanicshurg, PA 17055 LOAN ACCT. NO.: 013703360208888 ORIGINAL LENDER: Associates Consumer Discount Company CURRENT LENDER/SERVICER:The Associates HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend aface-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE_DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty (301 days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages For specific information about the nature of your default.) If you have tiled and are unable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDLITELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. EXHIBIT A AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision afrer it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified duectly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION ~~ PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to datel. NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 126 North Frederick Street -Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StartBnd: 10/15/00 thm 5/15/01 at $1,088.25 per month. Monthly Payments Plus Late Charges Accmed $8,706.00 NSF: $0.00 Inspections: $0.00 Other: $0.00 (Suspense): 0.00 Total amount to cure default $8,706.00 B. YOU HAV)i FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8,706.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash, cashier's check, certified check or money order xnadepayable and sent to: FEDERMAN AND PHELAN, One Penn Center at Suburban Station, 1617 John F. Kennedy Boulevard, Suite 1400, Philadelphia, PA 19103-1814, attention: Reinstatement Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not apnlicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the mortg~e debt The means that the entire outstanding balance of this debt will be considered due immediately and'you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your morteaee nronerty IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomey's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. ~uH~BiT a ~.x RIGHT TG CURE THE DEFAULT PRIOR TO SHERIFF' SSALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ri hg t to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so specified in writings the lender and byperforming any other requirements under the mortgage Curing your default in the maaner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Attorney Representing Lender: FEDERMAN AND PHELAN One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Ste.1400 Philadelphia, PA 19103-1814 (215)563-7000 Contact Person: Janette Mahoney, Reinstatement Dept. EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property aRer the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or_X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT• • TO SBLL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very tmly yours, FEDERMAN AND PHELAN, LLP Cc: The Associates Attn: Collections Department AccountNo.:013703360208888 Mailed by 19` Class mail and by certified Mail No: I 7106 4575 1294 3599 4942 7106 4575 1294 3599 0935 ^XH'~'~ A - .~, ~ , ~ ~ - ~ r ~~e. PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) r CLINTON COUNTY Lycoming-Clinton Counties Commision for CCCS of Nonheastem PA Community Action (STEP) 163 t South Atherton St., Suite 100 2138 Lincoln Stmt P.O. Box 1328 Stare College, PA 16801 Williamsport, PA !7703 (814) 238-3668 FAX (814) 238-3669 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeasrem PA 20l Basin Stmt Williamsport, PA 17703 (570) 323.6627 FAX (570) 3236626 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-(665-Call Before Faxing) (570) 455-0994 Haulmwn FAX (570) 455-563 t-{Call Before Faxing) (570) 836-4090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA (6503 (8!4)453-1744 FAX (814)5749 John F. Kennedy Center, Inc. 2021 Eas[ 20ih Street Erie, PA 16510 (814)898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA I7I02 (717)541-(757 Urban League of Metropolitan Harrisburg N. 61° Street Hamsburg, PA 17!01 (7!7)234-5925 FAX (717)234-9459 Community Action Comm of the Capital Region 1514 Derty SVeet Harrisburg, PA 17104 (7 t7) 232-9757 FAX (7l7) 234-2227 CRAWFORD CO[JNTY 1400 Abington Executive Pazk Suite 1 Clarks Summit, PA 18411 (570) 587-9163 or (800)922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 9'"Street Erie, PA 16501 (8l4) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League, Inc. 60l Indiana Avenue Farrell, PA 16121 (412)981-5310 Financial Counseling_ Services of Franklin 31 West 3"' Street - Waynesboro, PA 17268 (717)762-3285 YWCA of Carlisle 30l "G" Street Carlisle, PA 17013 (7l7) 243-3818 FAX (717j 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-ISIS FAX 334-8326 PENNSYLVANIA BULLETBV, VOL. 29, NO. Z3, JUNE 5, 1999 EXHIBIT A ALL THAT CERTAIN piece or parcel of land ai ttate in cha Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows: acreec; t hundred t direction in a west at a point on the corner of Green Street and Frederick in an essteriy direction by Green Street, one nine (139) feet to an alley; thence in a southerly .id alley, twenty-two (22) Peet to a point- thence irection by other lands now or formerly o~ the ~. Estate, one hundred thirty-nine (139) feet to curb line of Frederick Street; thence by the curb .ek Street fn a northerly direction twenty-two ~e place of SEGZNNING. a point on the line o£ Freder (22) feat to t HAVING THEREON ERECTED a dwellin€ known as No.~126 North Frederick Street, Mechanicsburg, Pennsylvania. BEING the same premises which Curtis L. Sanderson and Karen L, Sanderson, his wife, by their deed dated February 23, 1973, and recorded in the Cumberland County Recorder of Deeds Office in . ~ Deed Book 25~-A, Page .395, granted and conveyed unto Fillmore H. WenC2,II, and Patricia A. Wentz, his wife, Mark C, Tdalker •and Glenn Schneider loin herein to convey any interest they. may have in said premises by virtue of Trade-In Agreement recorded in Cumberland County Miscellaneous Book 285, Page 443. Loretta T. Walker, wife of Mark C. Walker, Soins herein to convey any interest she may have in said premises. VERIFICATION MICHAEL GRAHAM hereby states that he is ASSISTANT VICE PRESIDENT of CITIFINANCIAL MORTGAGE COMPANY, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure aze true and correct to the best of his 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 unswom falsification to authorities. DATE: o~ ~ (j/ ~ ~ ~ ~ C ~ C ~ ~ ~ c ~, ~- ~ ~' ~ ~ ~ ~ ~.. SHERIFF'S RETURN - REGULAR .+CASE NO: 2001-04013 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASSOCIATES CONSUMER DISCOUNT VS LEHR CHARLES W ET ROBERT FINK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEHR CHARLES W the DEFENDANT at 2010:00 HOURS, on the 18th day of July 2001 at 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 by handing to CHARLES W LEHR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriffs Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this ~ 3,uC day of C ~ oZQU A . D . rc~ P thonotary So Answ/ers R. Thomas Kline 07/19/2001 FEDERMAN & PHELAN By: ~ ~ ~ Deputy Sheriff SHERIFF'S RETURN - REGULAR " SASE NO: 2001-04013 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASSOCIATES CONSUMER DISCOUNT VS LEHR CHARLES w ET AL ROBERT FINK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEHR DEFENDANT the at 2010:00 HOURS, on the 18th day of July 2001 at 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 by handing to SUSAN M LEHR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ;Z3~ day of ~~//'[~ ~eG 1 A. D . P o honotary '~ So Answers: R. Thomas 07/19/2001 FEDERMAN & PHELAN By: Deputy Sheriff FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 AtEorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY 1111 NORTH POINT DRIVE, BUILDING 4, SUITE 100 COPPELL, TX 75019 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVII, DIVISION Plaintiff, v. CHARLES W. LEHR SUSAN M. LEHR NO. 01-4013 CIVIL TERM Defendant(s). PRAECIPE FOR NDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CHARLES W. LEHR and SUSAN M. LEHR, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint Interest from 5/15/O1 to 12/6/01 TOTAL $102,325.73 $5,469.40 $107,795.13 ,/ I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: / ~.- ! (- Ot ~ ~ ~ ~ ~ ~q . PRO PROTHY i~~vJ n r= ~. C- {,,.~ °7 ~ {";l! -~'~ Y` `" ,~ I ~.~ ~ ~ -`. ~ _ .. t - _ _. Ms~us~ t z s._ .. ~~.: ti , z a ._ `-.y -sP~~:aSSFF+`-. _ (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ASSOCIATES CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY 1111 NORTH POINT DRIVE, BUILDING 4, SUITE COURT OF COMMON PLEAS 100 CIVIL DIVISION Plaintiff, NO. 01-4013 CIVIL TERM v. CHARLES W. LEHR SUSAN M. LEHR Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on /~.' ~~ 2001. By. a-i~ EPUTY ati If you have any questions concerning this matter, please contact: jjj/// FRANK FEDERMAN. ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 14103-1814 (215)563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1794 (215) 563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff vs. CHARLES W. LEHR SUSAN M. LEHR Defendant TO: SUSAN M. LEHR 126 NORTH FREDERICK STREET MECHANICSBURG,PA 17055 DATE OF NOTICE: AUGUST 8,2001 *,~ ~ ~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-31b6 Frank Federman,Esquire Attorney for Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO.O1-4013 t"57E2*!'A~T A*.7r~ PuEr,AN, L.?~.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Surturban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff vs. CHARLES W. LEHR SUSAN M. LEHR Defendant(s) TO: CHARLES W. LEHR 126 NORTH FREDERICK STREET MECHANICSBURG,PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-4013 ~ x ~. ~~~ ~",~ . DATE OF NOTICE: AUGUST 8,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LI$ERTY AVENUE CARLISLE, PA 17013 (717)249-3160 Frank Federman, Esquire Attorney for Plaintiff ,~°"' FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY 1111 NORTH POINT DRIVE, BUILDING 4, SUITE COURT OF COMMON PLEAS 100 CIVIL DIVISION Plainfiff, NO.O1-4013 CIVIL TERM v. CHARLES W. LEHR SUSAN M. LEHR Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CHARLES W. LEHR is over 18 yeazs of age and resides at , 126 NORTH FREDERICK STREET, MECHANICSBURG, PA 17055 . (c) that defendant SUSAN M. LEHR is over 18 years of age, and resides at , 126 NORTH FREDERICK STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~,~~~~~ ~ _ ~~ ~, ~ ~J ~ ~~, ~, ~ `~ ~ ~, ~~ `-}- ~~ r__ ~}= ~=~ ~, ~~~ ~~ a ~; 1 ~ -t- ~.~ _~ _, , -~ rr• .. i. _ .. - .. .. .. ~w`~oa+ rz.,nz m _ si2?k,r~s, s b . , ~ ~, an- i a -...=a m ula~v4aiNnk`~" X PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P.3180-3183 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff, v. No. 01-4013 CIVIL TERM CHARLES W.LEHR SUSAN M. LEHIt Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $107,795.13 `~ Interest from 12/6/01 to 3/6/02 (per diem -17.72) TOTAL $1,594.80 and Costs $109,389.93 ~1 ~~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description ofproperty.No. W 0 w a a z ~~~II /-~ O a Q U x F d z a z ai H O U z O U Na W Q u~ c~ W U O d xa ~ W Fa ~~ ~~ U~ 0 H WUW yC W ~I h 3 0 W a ~. U a ~. H a U O w ao a 0 .~ d' w C7 C4 W CC U ., x U W ~" F WW a H o x O o z ~7(~ N ~ 1 ti y b w d b 4J N N ~„~~:, , ALL THAT CERTAIN piece or parcel of land situate in the Boroueh of Mechanicsburs, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the corner of Green Street and Frederick Street; [hence in an Easterly direction by Green Street, one hundred thirty-nine (139) feet to an alley; thence in a Southerly direction by said alley, twenty-two (22) feet to a point; thence in a Westerly direction by other lands now or formerly of the Elizabeth Tones Estate, one hundred thirty-nine (139) feet to a point on the curb line of Frederick Street, thence by the curb line of Frederick Street in a Northerly direction twenty-two (22) feet to the place of Beginning. HAVING THEREON ERECTED a dwelling known as No. 126 North Frederick Street, Mechanicsburg, Pennsylvania. TAX PARCEL #19-23-0567-139 TITLE TO SAID PREIvIISES IS VESTED IN Charles W• S WtfeIvi k C.~Walker, tnarri d and Deed from Fillmore H. Wentz, II and Patricia > Glenn Schneider, single dated 3/15/83 and recorded 8/2/83 in Deed Book 30-H Page 961. ,~ . . '~ ~ ~~ ~, ~ ~~ ~` ~, ~~ .~} ~- - .. -~ ~_ .~ v ~' r? Clll - ~ }_, . ~ 3 er -: ' ~i. ,i ~ fir, 7 _ ~• ~C _I -l _ G~ J ~~ . ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff, v. CHARLES W. LEHR SUSAN M. LEHR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL, DIVISION NO.OI-4013 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) ASSOCIATES CONSUMER DISCOUNT COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,126 NORTH FREDERICK STREET, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name CHARLES W. LEHR SUSAN M. LEHR Last Known Address (if address cannot be reasonably ascertained, please indicate) 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: CHARLES W. LEHR 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 SUSAN M. LEHR 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FIRST UNION HOME EQUITY BANK EMPIRE FUNDING CORPORATION HOUSEHOLD REALTY CORPORATION CONS-14 0361 CHARLOTTE, NC 28288 9737 GREAT HILLS TRAIL AUSTIN, TX 78759 25 GATEWAY DRIVE, GATEWAY SQ., STE. 107 MECHANIC5BURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has lmowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal lmowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 6, 2001 _ ~~ ~ ~_ DATE FRANK FEDERMAN, ESQUIItE Attorney for Plaintiff r; = o ~., _ ~. ~ . v e_: ~ r ,- -, ~_;= - _- ..~; ~'- -. ' ' ~ cry = it "ice _ r+,~m::s;w~x..•,,x -.~ ~ ~.,?,e ire .nw~eP'e,"r i;,..•x. i7 . -r. ~fv,~r,+.A"~ FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff, v. CHARLES W.LEHR SUSAN M.LEHR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-4013 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage () non-owner occupied O vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUII2E Attorney for Plaintiff ~ cW~ .'~ t ~ C"= , '7 J 1 ' ~ ~_i't ~.. ': ~' - ' _ _ ~ --- - . I>(_ ~^ ~`'~... vat .. __._. Ifi~Ai~s .~r.~. i ~, ~ ~my_*s~ r ,se,~s:a~.xw~te*~Ff ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff, v. CHARLES W. LEHIi SUSAN M.LEHR Defendant(s). CUMBERLAND COUNTY No. 01-4013 CIVIL TERM December 6, 2001 TO: CHARLES W. LEHR 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 SUSAN M.LEHR 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 * *THIS FIRM /S A DEBT COLLECTOR ATTEMPT/NG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT. BUT ONLYENFORCEMENT OF A L/ENACAINST PROPERTY. ** Your house (real estate) at ,126 NORTH FREDERICK STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 107,795.13 obtained by ASSOCIATES CONSUMER DISCOUNT COMPANY (the mortgagee) against you. If the Sheriff's sale is postponed; the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2151563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 ALL THAT CERTAIN piece or parcel of land situate in the Borough of ~[echanicsburg. County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING az a point on [he corner of Green Street and Frederick Street, thence in an Easter!_v direction by Green Street, one hundred thim~-nine (Li9) fee*. ro an alley: thence in a Southerly direction by said alley, twenry-two (22) feet to a point; thence in a Westerly direction by other lands now or formerly of the Elizabeth Tones Estate, one hundred thirty-nine (139) feet to a point on the curb line of Frederick Street, thence by the curb line of Frederick Street in a Norther!v direction twenry-two (22) feet to the place of Beginning. HAVING THEREON ERECTED a dwe!lino known as No. 126 Notth Frederick Strut. h[echanicsburg, Pennsylvania. TAX PARCEL #19-23-0567-139 TITLE TO SAID PREtiIISES IS VESTED IN Charles W. Lehr and Susan ~I. Lehr, his wife by Deed from Fillmore H. Wentz, II and Patricia n is wife, Mark C. Walker, married and Glenn Schneider, single dated 3/1/83 and recorded 8/2/83 in Deed Book 30-H Page 961. c: =-~° ny .~ _ ~ / '.... _- C --' . ~.. .. r~' - `Li -' (^ { :~ - :,E !`~,'~' ;- ~:~.saw s M1freta~~3'yA~i€?:I;WF-rzn F€i!C. ~¢r.-. +r, m, }~i ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff, v. CHARLES W.LEHR SU5AN M. LEIIR Defendant(s). NO.O1-4013 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) ASSOCIATES CONSUMER DISCOUNT COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,126 NORTH FREDERICK STREET, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name CHARLES W.LEHR SUSAN M. LEHR CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Last Known Address (if address cannot be reasonably ascertained, please indicate) 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: CHARLES W. LEHR 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 SUSAN M. LEHR 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name FIRST UNION HOME EQUITY BANK EMPIItE FUNDING CORPORATION HOUSEHOLD REALTY CORPORATION Last Known Address (if address cannot be reasonably ascertained, please indicate) CONS-14 0361 CHARLOTTE, NC 28288 9737 GREAT HILLS TRAII. AUSTIN, TX 78759 25 GATEWAY DRNE, GATEWAY SQ., STE. 107 MECHANICSBURG, PA 17055 UMLIC V.P. LLC 11525 CARMEL COMMONS BLVD, SUTfE 101 CHARLOTTE, NC 28226 5. Name and address of every other person who has any record lien on the property: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has lmowledge who has any interest in the property which maybe affected by the sale: Name TenanUOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Deparhnent of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal ]mowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Anri 18.2002 DATE ~aa,n I/ 0 ~v~o~lL F {RA II~1 FEDERM~ ESQUI1tE Attorney for Plaintiff c~ ~, _ ;. -,= _ `~ ~ ' r r_ -., _ ~ _`<= = ry °:-i -• -~ -c FEDERMAN AND PHELAN, LLP. by: Daniel G. SChmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF ASSOCIATES CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. CHARLES W. LEHR SUSAN M. LEHR NO. 01-4013 PRAECIPE FOR RULE TO SHOW CAIISE TO THE PROTHONOTARY: Kindly enter a Rule upon CHARLES W. LEHR & SUSAN M. LEHR, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF ASSOCIATES CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. CHARLES W. LEHR SUSAN M. LEHR NO. 01-4013 RIILE AND NOW, this ~- 4 ~ day of Ih R•y 2002, a Rule is entered upon CHARLES W. LEHR & SUSAN M. LEHR, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. 2.0 ~yJ ~~ tvVi~t.• RULE RETURNABLE , C~~ ~~S o~-a8-oz L- `a.. ~ed.eR~O-ni h Phe~an~ Qfc-~~'. .,,. BY THE COURT: HI; ~PsfPi ;A ~ P<i~1?: ? z 1 !' 'Z„ ?.r, _ ,. ~ilLw~ i...l',-~~.,~I ~~ I _.. __ .~'~-~,r .,e,,,.,.~ r ~~~;.s-,~Ya-e.,n a~a~.a~p~mr~w~n ~~~~*4~A4il._. FEDRRMAN AND PHELAN, LLP. by: Daniel G. Schmieg, 8squire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (21 ) 563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY vs. CHARLES W. LEHR SUSAN M. LEHR AND NOW, this ORDER ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF CONNON PLEAS CIVIL DIVISION NO. 01-4013 day of 2002, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount s/15/oo through 6/5/oz Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 91,292.49 23,633.01 0.00 4,000.00 1,476.00 0.00 550.18 0.00 0.00 0.00 $120,951.68 Plus interest per diem from 6/5/02 through Date of Sale at six (6&) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ASSOCIAT85 CONSUMER DISCOUNT COMPANY ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. CHARLES W. LEHR SUSAN M. LEHR N0. 01-4013 PLAINTIFF'S PETITION FOR REASSESSMENT OF DANAG83 Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in suppoit thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered dated on OCTOBER 4, 2001 in the amount of $107,795.13. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 13 Bankruptcy (#00-03152 RJW) filed on JULY 20, 2000. Plaintiff obtained relief from the automatic stay by the Order of Court dated FEBRUARY 26, 2001. 3. The mortgaged premises are listed for Sheriff's Sale on JUNE 5, 2002. 4. Additional sums have been incurred or expended on Defendant(s)' behalf during the time the sale was postponed or stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance 91,292.49 Interest Amount 23,633.01 9/15/00 through 6/5/02 Late Charges 0.00 Legal fees 4,000.00 Cost of Suit and Title 1,476.00 Sheriff's Sale Costs 0.00 Inspections/Other 550.18 Appraisal Fees 0.00 Escrow Credit 0.00 Deficit 0.00 TOTAL $120,951.68 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth in paragraph four in the amount of judgment against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. Daniel G. Schmieg, ESQUIRE Attorney for Plaintiff -2- FEDERMAN AND PHBLAN, LLP. by: Daniel G. Schmieg, 8squire Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 X215) 563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLBAS CIVIL DIVISION vs. CHARLES W. LBHR SUSAN M. LBHR NO. 01-4013 BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DANAGES I. BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub iudicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGIIMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation... " In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037 (a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.SUper 1988). in Chase Home Mortqaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality ComnanV v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLIISION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FEDERMAN AND PHELAN, LLP. DANIEL G. SCHMISG, SSQIIIRE ATTORNEY FOR PLAINTIFF • 1 J. V FEDERAL NATIONT.L MORTGT.C,E C.OVIiT OF COMMOtd PLEAS ASSOCIATION PHILP.DELPIfIA COUNTY ~• ~ ~ ~ ~ CIVIL TRIAL DIVISION vs. • JOSEPH JEFFERSDN~ and tdAY TERM,' 3.482" :., •. .N)j~ •ROSIE JEFFERSON, ris wife N0. 2359 ORDER AND OPII4ION • ' W:iITE, J. AND NOW, this ~~ ~ day of rF 3 , ].~d5 uaon consideration of Plzintiff, Federal National t9ortgage Association's Petition for Reconsidezation Piunc Pro Tunc of • this Court's Order of Novamber 7, 19A5 and the P.nswer thr,r~to of Defendants, Joseph Jefferson and Rosie Jefferson, it is hereby~09DERED and DECREED a3•fOllpW9:i i) Said P~~~`4on is GRANTED; 2) '~s~Cr~~rt~s Order of Noaember 7, 1935 i.; ..,. REVERSED and ~Piaintiffy3 hlotiofi~for Reassessment. of Damages is ~: ~tiL° . 1 , GRANTED; ~~ ~ ' 3) Ju'a~ntnt is h^rpliy inCrca::+;d to 55, 147•.1 I. " '- Because Plaintiff was required to accept currant mortgage payments upon the filing of,Defendants' b4nkruptay petition and in fact did so, it is necessary to reassenss the z,~ount of damages that initially were assessed after judgment by default was entered in this action. .Because Defendants have not refuted the specif ie amcunts claimed - 1 v~~.~, 1 Jb(~ JV ..7 l.l'VV JVJL1~11 Il l'vVrur'..v\ .r~~ j ~! ~ ' ,'~ • ~ • ~ it by Plaintiff fn the instant Notion for Reassessmcrt, this ' Court finds that Defendants have admitted these amounts „ ~~ :.~ pursuant to ?a. R.C.P. 1029 (c}. ' HY THE COURT: ~~////~~' , THO~W ITE, J'_ l , • 1 { ':. I ,' VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalCies of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: May 20, 2002 ~ v ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF ASSOCIATES CONSUMER DISCOUNT COMPANY vs. CHARLES W. LEHR SUSAN M. LEHR CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0. 01-4013 AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 20, 2002. CHARLES W. LEHR SUSAN M. LEHR 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 DATE: May 20, 2002 ~ v ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff r _- . ;_ ~-~ „ -~,~` -_ ~,; = T.. -- -T r_ _, -t ~; _r_, -.; ,~, t; ~:. ~~..~~ a AFFIDAVIT OF SERVICE PLAINTIFF ASSOCIATES CONSUMER DISCOUNT COMPANY DEFENDANT(S) CHARLES W. LEHR SUSAN M.LEHR SERVE SUTSAN NI. LEI3R AT 609 GOOD HOPE ROAD NIECHANICSBURG, PA 17050 SERVED CUMBERLAND COUNTY No. 01-4013 CIVIL TERM ACCT. #0002052058 Type of Action - Notice of Sheriff s Sale Sale Date: JiJNE 5, 2002 Served and made known to ~ AA . 'V~ . ~ 1l( ,Defendant, on the at tom'' ~is~, o'clock~.m., at of Pennsylvania, in the manner described below: Commonwealth Defendant personally served. ~ ~ A~ Adult family member with whom Defendant(s) reside(s). Relationship is ~U C~C~ ~ ~P3t Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. tither: ~ /~ ~. Des iptio : Age Heigh~~ll Weight ~ Race ~Se>d I v Other I, ~' ~ V~ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the otice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this ~ day Not By: o ~~ AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. ~ts2 M. G±~as+u, P~otary Public ~ NOT SERVED ~. @9!a Boro, ~'tt[nhgriand l;ounty On the----`'- day of °-""-' "' ~ , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved _ Unlrnown _ No Answer Vacant Other: Swom to and subscribed before me this _ day of .200 Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 john F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 day of ~~ , 204, ;~ c.7 c. .~,~ O ,, ?~ - , ',; _ ""$ - i `.~ _ C- .. -i _il f;~ '. ~'„ 6re, R7! t-a~k=4'*~ < •'„.", .,ae r~ar~ v^ECS. ,,sscx.:rt:m~m~i` ~'.. ' AFFIDAVIT OF SERVICE CUMBERLAND COUNTY ~ PLAINTIFF ASSOCIATES CONSiIMER IDISCOUNT COMPANY No. O1-4013 CFA TERM DEFENDANT(S) CHARLES W. LEHR ACCT. #0002052058 SUSAN M.LEHR F-r'ivv Type of Action SERVE CHARLES W. LEHR AT -Notice of Sheriff s Sale 609 GOOD HOPE ROAD MECHANICSBURG, PA 17050 Sale Date:.T[JNE 5, 2002 SERVED Served and made known to l ~ ~~~ , l.(_J < ~, Defendant, on the 1(~ day of , 2000 at d , a~'cloc~ .m, at ~() ~"~ ~~CC~`'~~ i~f7~ ~,~'~[,W ly.{' I ICS ,Commonwealth of Pennsylvania, in the manner described below: ~_Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in chazge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. _Other: _ v ~~,"~ Descripion: Age Height~~ Weigh~~ Race~Sex~ Other ~-,1v.~-t~t~' I, ~, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the ofice of Sheriffs Sale in the m as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed /~ before me this ~ day of'h'lpl~Glt , 200 Notary: By: _ `c~--''`~]f~~~, ~ gICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. Nataria Seal L?sa M. treason: No4ary Public NOT SERVED _.::;is:~ Boro, C«mkreriand County J__. -:. - _ 'mc-"- - "` dayuf'-"""" , 200_, at o'clock _ m, Defendant NOT FOUND because: Moved Unknown Other: Sworn co and subscribed before xne this day of _ , 200 - Notary: No Answer Vacant By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Peun Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 5(i3-7000 G) r' ~:' °~,3 'C C - T+l ~ ~ _ _.. ~ I , l'S m! 'P .. _. _ ... _ .. ..,~~.r x r= .w, vyvt~ r ~i^+.am~ 9fM'aRSdt ~~1 . ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: ASSOCIATES CONSUMER DISCOUNT COMPANY ) CIVIL ACTION vs. CHARLES W. LEHR ) CIVIL DIVISION SUSAN M. LEHR ) NO. 01-4013 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for ASSOCIATES CONSUMER DISCOUNT COMPANY hereby verify that on 12/7/01 & 4/18/02 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 12/7/01 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: Aori122.2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff r „ .~ ~ r. ~. `0 to A W N O ~D Ca J O~ Vi A W N F F H d v m mo o ~ D ti o ~ ~ A ~ o ~ 2 ~, ~ c 3 c A~ r~o b ~ ° ° q a~ x~ "~ ~ y ` z a n y m ~ ° Z ~ G ~ ° ~' ~ - , ..° ~ o ~ A ~r ~ ~ ~ y ro y (~ ° rn ~ ° O a a~ 0 ~ A ro ~ 0 O C -i ~ ~ O . ('] y y tC /" .C [-' y1, 6 ~ 'p O 7 ~ z ~ o e o ~ ~ ~ ~ ~ d a ~ a p x ~ o o' h'1 y OW ~ y ~ a r ~' ~ ~ k '~ ~ ~ x ~ w ~o~~~ ~. ~ y a o z N $a ~ ~ m ~ ~ n o 0 • ~~dg~ ° m ~ °° ° ~3 ~.ff.5 a ~ ~ ~ ~ a~oo°~ ° ~ °i ~cc G y ~ ~ ° o N b Q`Z ~O ^. ~'~ o.ya~~ ~ ~ a y ~ W ~ Gi Cd V] ~ ~ v a k 9 ~ N o w ° ~ ^ '1 fyy ~ cn to y ~ , o qq ~' ~ ~ o % ~ G ~vw J rr a cVe' n CIl ~ a ~ ~ ~ 9 . . o ~K w ~~~~ y a ~. Q _ ~. ~ ~ o rv J W _~~~ g ~ ° _ ~~ ~' ~ 3rto~ p ~' -ice ~ ~ a ~ ~ ~ ve Mf re=. o. - b06$350 '~ ~ c . i OQ~ ~ ag ~ ~ A tap ~ Q -e a ~ o ~ ~ b ~' ~ ~, n ro ~ a~ ~~ w~cy C x ~ ~ N~w r A < P D ~ ~ ~ a~ ~ ~. ~~ S A 'Y ~ ~ ,..,, , :~ '~ ", ur '. ©-~+ ~ ; ~ s c~ f~ ~~ j:. 0 0 v W ~ V ~ti a~ N ~' rd-1 0 Q' .~.~ .W~.W W ~wQ U w ~zqWq W d a A W .`-~ wOa ~, b L ro ~ b d L G v eabw zao ~~Eq ~v ~ ~~ DS9CZt4 c j~ ~ r .n 4e e3i3wea d~ e ® , W ~e. r 0 m x w 0 o E ~ W H ;, _ ~ ~ ~ ~ ~y T y Q E o a a ra a W Q v ~ ~ z o ~ ~ o y p ~ N N 00 ~ Q N ~ ;z a ~ v ' aWUi `~ vw 4 y 0.i~~ ~ o0 w w V U ~ W ~ E " v ° ~ V~ N ~ z; U W z ~~= ~G ~ ~ ~v A t O Z ' ~ `o r t V y N M 7 Vl ~O f~ 00 ~ O N t+l V Vl ~ J iZ ~ C_ "~ V S F a. j 7160 3901 9844 6530-'4655 i 4 TO: SUSAN Nt. LEHR~ I 126 NORTH FREDERICK STREET ~ MECHANICSBURG, PA 17055 SENDER: 7PG REFERENCE: SALES (0002052058) i v 7160 3901 9844 6530 464 i TO: CHARLES W. LEIIR I 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 i SENDER: JPG i { REFERENCE: SALES (0002052058) j, Total Postage & Fees j RETURN Postage 1. RECEIPT Certified Fee i SERVICE y Retum Receipt Fee I j Restricted Delivery US Postal Service Receipt for Certified IVlail No Insurence Coverage Provided Do Not Use for International Mail t ZOt6` RETURN Postage RECEIPT Certified Fee 7 SERVICE 7 Re[um Receipt Fee 1 Restricted Delivery Total Postage & Fees US Postal Service E Receipt for Certified Mail No Insurence Coverage Provided l) Do Not Use for Intemational Mail !A I~ ~r~. 200i w; zols~ ~> ~~ `'~ ~ ~,- __ =z_ _ `_ ., , - 6- ^~` J ;^tiF - = CD } '' 'f., ~ ~S L~ :_ CsL ~_ I W , ' G~ tP i ,; a.+: ~.. _.mx~t~~s , ~. __. _ a¢4r^~~a, s a .. -v- . . , a=~a a .rvi~-~ .~.'•e~=` ""~"~" e f STATE OF PENNSYLVANIA, ~ ss. COUNTY OF CUMBERLAND Robert P 2legler I+---------------°--------------- Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ________________ _--- T C I F REO LLC -------- -----------•----°-^----------°-------------------------------------isthe granue the same having beta sold to said grantee on the ___ 5th---------------------------------- ----- day of June 2002 -----°--------------------------'------ A. D.,i -_---,under and by virtue ota writ--_---'-__---- Execution 11th ----------------°------------°----------------issuedfNt the -------------------------°---------- DEcember 2001 day ~ __________________________ A. D., ___._~ out of the Court of Cowman Pleas of said County~u of 2001 -_-_Civil ---------------°°...-------------------------------------------------_ Term,: .----- 4013 Associates Consumer Discount Co Number------°------, at the suit°f--------------------------------------------------------------- Charles W Lehr & Susan M ------------------°--------------- against-----°----------------------------°---------------- n 252 2830 duly recorded in Sheriffs Deed Book No. ____________, Pagc ____________. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _____ day of Deeds Associates Consumer Discount Co. VS Charles W. Lehr and Susan M. Lehr In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4013 Civil Term Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on December 27, 2001 at 9:15 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Charles W. Lehr, by making known unto Charles Lehr personally, at 609 Goodhope Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on December 27, 2001 at 9:15 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Susan M. Lehr, by making known unto Charles Lehr, adult in charge with whom defendant resides, at 609 Goodhope Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Robert L. Fink, Sr., Deputy Sheriff, who being duly sworn according to law, states that on January 07, 2002 at 8:20 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles W. Lehr and Susan M. Lehr located at 126 North Frederick Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Charles W. Lehr, by regular mail to his last known address of 609 Goodhope Road, Mechanicsburg, PA 17055. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Susan M. Lehr, by regular mail to her last known address of 609 Goodhope Road, Mechanicsburg, PA 17055. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for T.C.LF. REO 1, LLC. It being the highest bid and best price received for the same, T.C.I.F. REO 1, LLC of 3815 South West Temple, Salt Lake City, UT, 84115-4412, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $734.59, it being costs. .~ ~~*~ Sheriffls Costs Docketing $30.00 Poundage 14.40 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 14.30 Certified Mail 1.34 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 251.45 Patriot News 193.50 Share of Bills 24.20 Distribution of Proceeds 25.00 Local Transfer Tax 7.20 State Transfer Tax 7.20 Sheriffls Deed 29.50 $734.59 paid by attorney 07/01/02 Sworn and subscribed to before me This L day of~ 2002, A.D. ro onotary ~ So Answers: ~-~~ R. Thomas Kline, enff BY 6~Q. SVVIA~ Real Estate Deputy ~36,~ I.S~ s~189 ~ ~a~~~s ASSOCIATES CONSUMER DISCOUNT MPANY ~ CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS *~. CIVIL DIVISION CHARLES W.LEHR SUSAN M. LEHR NO.O1-4013 CIVIL TERM Defendant(s). AFFIDAVTf PURSUANT TO RULE 3129 (Affidavit No. 1) ASSOCIATES CONSUMER DISCOUNT COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .126 NORTH FREDERICK STREET. MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name CHARLES W.LEHR SUSAN M.LEHR Last Known Address (if address cannot be reasonably ascertained, please indicate) 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: CHARLES W. LEHR 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 SUSAN M. LEHR 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name ~ Last Known Address (if address cannot be ,~ reasonably ascertained, please indicate) FIl2ST UNION HOME EQUITY BANK CONS-14 0361 CHARLOTTE, NC 28288 EMPIRE FUNDING CORPORATION HOUSEHOLD REALTY CORPORATION 9737 GREAT HILLS TRAIL AUSTIN, TX 78759 25 GATEWAY DRIVE, GATEWAY SQ., STE. 107 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be ' reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has lmowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal lmowledge or information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. December 6.2001 ~~~ '1~/\ i-~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff, v. CHARLES W.LEHR SUSAN M.LEHR Defendant(s). CUMBERLAND COUNTY No. 01-4013 CIVIL TERM December 6, 2001 TO: CHARLES W.LEHR 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 SUSAN M.LEHR 126 NORTH FREDERICK STREET MECHANICSBURG, PA 17055 * *THIS FIRM /S A DEBT COLLECTOR ATTEMPT/NG TO COLLECT A DEBT AND ANY INFORMAT/ON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A D/SCKARGE IN BANKR UPTCY AND TKIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at ,126 NORTH FREDERICK STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 107,795.13 obtained by ASSOCIATES CONSUMER DISCOUNT COMPANY (the mortgagee) against you. If the Sheriff s sale is postponed; the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 2. You maybe 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.) t' XOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2151563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. XOU 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 ~t.,~. ,. ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the corner of Green Street and Frederick Street; thence in an Easterly direction by Green Street, one hundred thirty-nine (139) feet to an alley: thence in a Southerly direction by said alley, twenty-two (22) feet to a point; thence in a Westerly direction by other lands now or formerly of the Elizabeth Tones Estate, one hundred thirty-nine (139) feet to a point on the curb tine of Frederick Street; thence by the curb line of Frederick Street in a Northerly direction twenty-two (22) feet to the place of Beginning. HAVING THEREON ERECTED a dwellins known as No. 136 Nonh Frederick Street. btechanicsburg, Pennsylvania. V TAY PARCEL #19-23-0567-139 TITLE TO SAID PREMISES IS VESTED IN Charles W. Lehr and Susan bi. Lehr, his wife by Deed from Fillmore H. Wentz, II and Patricia n is wife, ivtark C. Walker, married and Glenn Schneider, single dated 3/15/83 and recorded 8/2!83 in Deed Book 30-H Page 961. WRIT OF EXECUTIQN andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-4013 CIVIL 19 COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND __COUNTY. To satisfy the debt, interest and costs due Associates Consumer Discount Co. __ _-_____ f__ _ ___ PLAINTIFF(S) from Charles W. and Susan M. Lehr, 126 N. Frederick St., Mechanicsburg PA 17055. (1) You are directed to levy upon the property of the defendant(s) and to sell at 126 N. Frederick St., Mechanicsburg PA 17055. description.) DEFENDANT(S) Real estate located (See attached legal (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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) lfpropertyofthedefendant(s)notlevieduponansubjecttoattachmentisfoundinihepogsessionofanyoneother 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 $107,795.13 Interest 12/6/01 to 3/6/02 $1,594.80 per iem Atty's Comm /o Atty Paid $122.50 Plaintiff Paid L.L. $ . 5 0 Due Prothy $1.00 Olhef COStS Date: December 11, 2001 REQUESTING PARTY by Frank Federman, Esq. Name -- }617 3FX B~vd., Sty '~~-- Address: Philadelphia PA 19103 1814 Plaintiff Attorney for: 12248 Telephone: CURTIS R. LONG r Prothonotary, Civil Division i~ Deputy Supreme Court fD No. REAL ESTATE SALE No. ~~ On December 13, 2001, the sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, known and numbered as 126 N. Frederick Street, Mechanicsburg and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2001 By: R~1 EsDeputy ~~A~ r ~'I~~A~ASP~~3d :,, (~d~ ~~' ~ ~ ~~~ ~ ~1Ft~i~v~7aL~1 ,a .PSN*+;rA9mziN?asb~+aaa-..wea e,~~v~a.~zs»wra xsRiq.na..:-. .. .. -,- i.,, ... .., YTf^, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, 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 25, FEBRUARY 1, 8, 2002 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 aze true. Roge M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 REAL ESTATE SALE NO. 56 Wrlt No. 2001-4013 Civil Associates Consumer Discount Co. vs. Charles W. Lehr and Susan M. Lehr Atty.: Frank Federman ALLTHAT CERTAIN piece or par- cel of, land situate in the Borough of Mechanicsburg. County of Cumber- land and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the corner of Green Street and Fred- erick Street: (hence in an Easterly direction by Green Street, one hun- dred thirty-nine (139) feet to an al- ley: thence in a Southerly direction by said alley. twenty-two (22) feet to a point: Yhence in a Westerly di- ' mction by other lands now or for- merly of the Elizabeth Jones Estate, one hundred thirty-nine C139) feet to a point on the curb lino of Fted- erlck Street: thence by the curb ]ine of Frederick Street in a Northerly direction twenty-two (22) feet to the place of Beginning. -- HAVING THEREON ERECTED a ~. dwelling known as No. 126 North Frederick Street, Mechanicsburg. Pennsylvania. TAX PARCEL #19-23-0567-I39. TITLE TO SAID PREMISES IS VESTED IN Charles W. Lehr and Susan M, Lehr, his wife by Deed from Fillmore H. Wentz. II and Pa- tricia A. Wentz, his wife. Mazk C. Walker. married and Glenn Schnei- der, single dated 3/15/83 and re- ,. corded 8/2/S3 in Deed Book 30-H Page 961. 1 ..... 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 Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ~ ~ ,f ~ PUBLICATION ............_...~%~(,~ .'..L~LCJ,d(~`!..:`.` ..................................... COPY r, me is 22nd da of Feb ry 2002 A. D. SALE #56 Notedalsea _ _ _ _ __ _ Terty L. Russ@If, Nota Public - - ~ REAL ESTATE SALE No. S6 E auphin County ~ = Writ No.2001.4013 My Commfsslo n zpires JUne 6, 2002 N ARY PUBLIC - - ClvllTerm Associates Consumer Member, PennsyNanla Association of NetariesMy commission expires June 6, 2002 - Discount Co. vs _- CherlesW.LehrarM CUMBERLAND COUNTY SHERIFFS OFFICE _ Susan M. Lehr CUMBERLAND COUNTY COURTHOUSE-- ~ - Atly: Frank Federman DESCRIPTION _ CARLISLE, PA. 17013 ALL THAT CERTAIN piece or pazcel of land situate in the Bomug„ of Mechanicsburg, of cnmbedwa ana state of cah ' Statement of Advertising Costs nry Pennsyivania, boundeQ and described as fo1(ows: TO THE PATRIOT-NEWS CO., Dr. BEGINNING atapoin[on [he comer of Greeo For publishing the notice or publication attached Street and Frederick Street; thence in an Easterly dueMion by Green Stree4 one hundred hereto on the above stated dates $ 192.00 thirty-nine (139) feet [o an alley; thence in a Probating same Notary Fee(s) $ 1.50 Southe[ly direction by said alley, twenty-two (L2) feet to a paint; thence in a Westerly Total $ 1 93.50 direction by other lands now or formerly of the J7~beth Jones Estate, one hundred thirty-nine (tom feet to a point on the cu[b Gne of ~blisher's Receipt for Advertising Cost ~ededck Sheet thence by the curb line of Frederick street io a Nortbedy avection blisher of The Patriot-News and The Sundav Patriot-News, newspapers of general rcLCwenty-wo(22)_feMwrbeplaceofseginning. ceipt of the aforesaid notice and publication costs and certifies that the same have ' RAVING THEREON ERECTED a dwelling ,el -kanwn as No. 126 North Frederick Stree4 T1TLE TO SAID PREMISES IS VESTED IN t~arles W Lehr and Susan M. Lebr, his wife by Dced from Fllm~~re H. Wentz, B and Patricia A. Wentz, his wife, Mazk C. Walkey ad5vied and Glenn Schneider, single dated 3! 1S/83 and reco[ded S/1J93. in Iked Book 30.H Page 961. By .................................................................... ENTITY VENDOR FAP Prothy of Cumberl aD.d County [PLUMB] NINE AND 00/100 DOLLARS DOC P.P?LY APPLY TO NO TO DATE INVOICE INVOICE DOC AMOUN^_ DISCOUNT PAYMENT AMOUNT 200665 201122 05/20/02 OOD2052058 9.00 0.00 9.00 CHP.RLES _%,EHR 9. DD FEDERMAN &PHELAN J 1 ONE PENN CENTER, SUITE 1400 _ _ - - - ~_.~. n- - _. - - - _ _ _ _ - FEDERMAN &PHELAN COMMERCE BANK s-1e9r3s9 CHECK NO ATTORNEY ESCROW ACCOUNT _.____ PH1uoEieNie. PA tstas 2008&5 'ONE PENN CENTER, SUITE 1400 _ _ _ - ~ - - - - -- - _ - - _ PHILADELPHIA, PA 19103-1814 _ ~ ~ -~ _... i own Pay '+io The Order ' Of CHECK DATE CHECK NO. 5/20/2002 200865 DATE AMOUNT 5/20/2062 ***********9. 00 Voltl after 90 tlays Prothy of Cumberland. County.- __.. -- Cumberland County Courthouse _ _ One Courthouse Square --- _ __ _ _ - --- Carlisle, PA 17013 - - ~ 4 ~( d. I ~'! u•20086511' ~:036001808i:36 150866 611'