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HomeMy WebLinkAbout07-5778PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 160904 ATTORNEY FOR PLAINTIFF U.S. BANK NATIONAL COURT OF COMMON PLEAS ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE CIVIL DIVISION P.O. BOX 8300 FORT WASHINGTON, PA 19034 TERM Plaintiff NO. ?j 7_ 5'77 LCG?' V. CUMBERLAND COUNTY CLYDE R. LEBO, II SUSANNE E. LEBO 661 CONODOGUINET AVENUE CARLISLE, PA 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 160904 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 160904 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN 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 File #: 160904 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 160904 Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: CLYDE R. LEBO, II SUSANNE E. LEBO 661 CONODOGUINET AVENUE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/22/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1904, Page: 3507. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/22/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 160904 6. The following amounts are due on the mortgage: Principal Balance $96,499.91 $3,732.30 Interest 03/22/2007 through 10/02/2007 (Per Diem $19.14) $1,250.00 Attorney's Fees $164.45 Cumulative Late Charges 04/22/2005 to 10/02/2007 00 $550 Cost of Suit and Title Search . $102,196.66 Subtotal Escrow $0.00 Credit Deficit $3,052.58 Subtotal $3.052.58 TOTAL $105,249.24 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 160904 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $105,249.24, together with interest from 10/02/2007 at the rate of $19.14 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, 11TV By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File M 160904 LEGAL DESCRIPTION ALL THOSE CERTAIN lots of ground situate in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania, being known and numbered as Lots Nos. 127, 128, 129 and 130 on the Plan of Meadowbrook Park, which Plan is recorded in the hereinafter named Recorder's Office in Plan Book 2, Page 96, and containing a total of one Hundred Sixty (160) feet in front along the northern line of Thirty (30) feet wide Conodoguinet Avenue and extending northwardly therefrom at an even width a distance of One Hundred (100) feet. SAID premises having an address of 661 Conodoguinet Avenue, Carlisle Pennsylvania. THE ABOVE DESCRIBED REAL ESTATE is the same premises which Harry L. Sampson, Executor of the Estate of Helen A. Bixler, deceased, by deed dated March 28, 2005 and recorded March 29, 2005 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 268, Page 662, conveyed to John T. Norman, Grantor herein. PARCEL NO: 29-18-1384-015. PROPERTY BEING: 661 CONODOGUINET AVENUE File #: 160904 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that 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, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: to t'O?? W 10 PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, COURT OF COMMON PLEAS AS TRUSTEE V. CLYDE R. LEBO, II SUSANNE E. LEBO CIVIL DIVISION CUMBERLAND COUNTY NO. 07-5778-CIVIL PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORCLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan and Schmieg, LLP By:? Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Dated: 1 Z O? File #: 160904 ""'' ?--? ---? ;. ? -= _. 1 ^}_1 i ss°? _.._. , ..i:?ta ' ' ?: ? .ate. {??::? .? ?-? l .._ .. ?? _A ?? "'= SHERIFF'S RETURN - REGULAR CASE NO: 2007-05778 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS LEBO CLYDE R II ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEBO CLYDE R II the DEFENDANT , at 2030:00 HOURS, on the 10th day of October , 2007 at 661 CONODOGUINET AVENUE CARLISLE, PA 17013 by handing to SUSANNE LEBO, WIFE 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 Service Affidavit Surcharge ()-- J f f 1 f 6 "7 18.00 4.80 .00 10.00 .00 32.80 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 10/11/2007 PHELAN HALLINAN SCHMIEG By: A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05778 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS LEBO CLYDE R II ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEBO SUSANNE E the DEFENDANT , at 2030:00 HOURS, on the 10th day of October , 2007 at 661 CONODOGUINET AVENUE CARLISLE, PA 17013 by handing to SUSANNE LEBO 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 Service Affidavit Surcharge I"- l11oi'Ul So Answers: 6.00 .00 .00 10.00 R..Thomas Kline .00 16.00 10/11/2007 PHELAN HALLINAN SCHMIEG 11 Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05778 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS LEBO CLYDE R II ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LEBO CLYDE R II but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , LEBO CLYDE R II 38 MONTSERA ROAD CARLISLE, PA 17015 DEFENDANT HAS NOT LIVED THERE FOR YEARS. NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge So answers -? 6.00 9.60 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 ? 30.60 PHELAN HALLINAN SCHMIEG 10/11/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05778 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS LEBO CLYDE R II ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LEBO SUSANNE E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , LEBO SUSANNE E NOT FOUND , as to 38 MONTSERA ROAD CARLISLE, PA 17015 DEFENDANT HAS NOT LIVED THERE FOR YEARS. Sheriff's Costs: Docketing Service Not Found Surcharge (?-, l1/b1/67 So answ 6.00 .00 5.00 R. Th as Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 10/11/2007 Sworn and Subscribed to before me this day of A. D. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 160904 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. CLYDE R. LEBO, II SUSANNE E. LEBO 661 CONODOGUINET AVENUE CARLISLE, PA 17013 Defendants TRUE COPY FR In Testimony whereof, I h and the seal of said Court ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. p7. 7f 6?j CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE I'M RECORD ;re unto set my hand at Carlisle, Pa. This .....1 ........ day of....C?)1. ........, ate? `.? f...'°' f N.? ............. ? ?...... Prothonotary File #: 160904 NOTICE Y ,u have been sued in court. If you wish to defend against the claims set forth in the F Egos, you must take action within twenty (20) days after this complaint and notice are -iAering a written appearance personally or by attorney and filing in writing with the t.?Lt (m+ i :.iejenses or objections to the claims set forth against you. You are warned that if you +i : case may proceed without you and a judgment may be entered against you by the further notice for any money claimed in the complaint or for any other claim or ssed by the plaintiff. You may lose money or property or other rights important to SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO (..AWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. E` ; ,1 I= ix'CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ?' )€ 7 CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE (; fh( VIDF YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER kqI R VICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 {:iTn:,- 1?Y)904 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN 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 File #: 160904 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Pile #: 160904 3 Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: CLYDE R. LEBO, II SUSANNE E. LEBO 661 CONODOGUINET AVENUE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/22/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1904, Page: 3507. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/22/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File 4: 160904 6. The following amounts are due on the mortgage: Principal Balance $96,499.91 Interest $3,732.30 03/22/2007 through 10/02/2007 (Per Diem $19.14) Attorney's Fees $1,250.00 Cumulative Late Charges $164.45 04/22/2005 to 10/02/2007 Cost of Suit and Title Search $550.00 Subtotal $102,196.66 Escrow Credit $0.00 Deficit $3,052.58 Subtotal $3,052.58 TOTAL $105,249.24 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 160904 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $105,249.24, together with interest from 10/02/2007 at the rate of $19.14 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 160904 LEGAL DESCRIPTION ' - i e: M i, (-'ERTAIN lots of ground situate in North Middleton Township, Cumberland (. Offlmonwealth of Pennsylvania, being known and numbered as Lots Nos. 127, 128, =gi-A_41 30 on the Plan of Meadowbrook Park, which Plan is recorded in the hereinafter named isce in Plan Book 2, Page 96, and containing a total of One Hundred Sixty (160) Jjong the northern line of Thirty (30) feet wide Conodoguinet Avenue and extending '- Ar"dtherefrom at an even width a distance of One Hundred (100) feet. having an address of 661 Conodoguinet Avenue, Carlisle Pennsylvania. EOvI> DESCRIBED REAL ESTATE is the same premises which Harry L. Sampson, ?. fhc Estate of Helen A. Bixler, deceased, by deed dated March 28, 2005 and recorded `s +?05 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in '6S, Page 662, conveyed to John T. Norman, Grantor herein. r"O. 29-18-1384-015. PR01"ERTY BEING: 661 CONODOGUINET AVENUE i iii: r 160904 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that 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, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: ?? ?? 00-7 SERVE PHELAN HALLINAN & SCHMIEG, L.L.P. B?: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE, P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff, CLYDE R. LEBO, II 661 CONODOGUINET AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5778-CIVIL CARLISLE, PA 17013 . SUSANNE E. LEBO 661 CONODOGUINET AVENUE CARLISLE, PA 17013 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against CLYDE R. LEBO, II and SUSANNE E. LEBO, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $105,249.24 Interest from 10/03/07 to 11/15/07 $ 842.16 TOTAL $ 1069091.40 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. Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. Q DATE: / d/ D ?G8 fR40 PROTHY 0 K.6 160904 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY CLYDE R. LEBO, II SUSANNE E. LEBO : NO. 07-5778-CIVIL Defendants TO: CLYDE R. LEBO, II 661 CONODOGUINET AVENUE ' Iy 4 CARLISLE, PA 17013 U FIL L DATE OF NOTICE: OCTOBER 31, 2007` THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALL AN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY CLYDE R. LEBO, II SUSANNE E. LEBO : NO. 07-5778-CIVIL Defendants TO: SUSANNE E. LEBO 661 CONODOGUINET AVENUE CARLISLE, PA 17013 m J;a. DATE OF NOTICE: OCTOBER 31, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALL/INAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE, P.O. BOX 8300 Plaintiff, V. CLYDE R. LEBO, II SUSANNE E. LEBO Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5778-CIVIL VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CLYDE R. LEBO, II is over 18 years of age and resides at, 661 CONODOGUINET AVENUE, CARLISLE, PA 17013. (c) that defendant SUSANNE E. LEBO is over 18 years of age, and resides at, 661 CONODOGUINET AVENUE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. s ANIEL G. SCHMIEG, ESQU Attorney for Plaintiff 00 t17 ` (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE, P.O. BOX 8300 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CLYDE R. LEBO, II SUSANNE E. LEBO Defendant(s). CIVIL DIVISION NO. 07-5778-CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on k1V to I 200"1. By: W01#11d a ?6EPUTY 11 If you have any questions concerning this matter, please contact: 11 i DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBU AN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. No. 07-5778-CIVIL CLYDE R. LEBO, II . SUSANNE E.LEBO Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/16/07 - 03/05/08 (per diem -$17.44) Add'l Costs TOTAL $ 106,091.40 $1,935.84 and Costs $ 2,121.50 $110,148.74 VANIEL G. SCHMIEG, ESQU One Penn Center at Suburban S ti 1617 John F. Kennedy Boulevar , Philadelphia, PA 19103-1814 Attorney for Plaintiff 1400 N Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 160904 JA Q O? ? 0 Wa o H a? ? V z O V O `'" WW^ W ? W p q o ?W aw N o z rv, O° oa w? 0 as ?d 1-0 z a U? t W o w z w v CIA ??rr T 0 J Ul C J 0 0 8 b 0 b a a Cd a 1 ?. M M O O as ww as &n V) UV ?pw z G7 G7 00 00 VV .-4 " ?? b b a? cl, a 2 •r 93, > CQ C o 000000 : 2 C- : _ v b 'F ? 0 O q ?-7 -411 rr -?c a 1 DESCRIPTION ALL THOSE CERTAIN lots of ground situate in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania, being known and numbered as Lots Nos. 127, 128, 129 and 130 on the Plan of Meadowbrook Park, which Plan is recorded in the hereinafter named Recorder's Office in Plan Book 2, Page 96, and containing a total of One Hundred Sixty (160) feet in front along the northern line of Thirty (30) feet wide Conodoguinet Avenue and extending northwardly therefrom at an even width a distance of One Hundred (100) feet. SAID premises having an address of 661 Conodoguinet Avenue, Carlisle Pennsylvania. THE ABOVE DESCRIBED REAL ESTATE is the same premises which Harry L. Sampson, Executor of the Estate of Helen A. Bixler, deceased, by deed dated March 28, 2005 and recorded March 29, 2005 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 268, Page 662, conveyed to John T. Norman, Grantor herein. TITLE TO SAID PREMISES IS VESTED IN Clyde R. Lebo, II and Susanne E. Lebo, his wife, by Deed from John T. Norman, dated 04/22/2005, recorded 04/25/2005, in Deed Book 268, page 2777. PARCEL IDENTIFICATION NO: 29-18-1384-015, CONTROL #: 29003401 Premises: 661 Conodoguinet Avenue, Carlisle, PA 17013 Township of North Middleton Cumberland County Pennsylvania PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. CLYDE R. LEBO, II SUSANNE E. LEBO Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5778-CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 4ANIEL G. HMIEG, ESQ Attorney for Plaintiff C? '? Ti j=? .. f om.,, '? ? n ^T s t r? t ? ` `? 3 t ? ? ?'„ fi"' C. 7 • U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, . V. CLYDE R. LEBO, II SUSANNE E. LEBO Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5778-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1661 CONODOGUINET AVENUE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CLYDE R. LEBO, II SUSANNE E. LEBO 661 CONODOGUINET AVENUE CARLISLE, PA 17013 661 CONODOGUINET AVENUE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name FIRST NATIONAL BANK OF OMAHA Last Known Address (if address cannot be reasonably ascertained, please indicate) FIRST NATIONAL BANK OF OMAHA C/O ROBERT D. KODAK P.O. BOX 2951 OMAHA, NE 68103-2951 407 NORTH FRONT STREET P.O. BOX 11848 HARRISBURG, PA 17108-1848 4. Name and address of last recorded holder of every mortgage of record: Name MERS AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF NORTH CAROLINA MERS AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF NORTH CAROLINA CORNERSTONE FEDERAL CREDIT UNION Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 2026 FLINT, MI 48501-2026 6060 J.A. JONES DRIVE SUITE 1000 CHARLOTTE, NC 28287 5 EAST GATE DRIVE P.O. BOX 1181 CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 661 CONODOGUINET AVENUE CARLISLE, PA 17013 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 knowledge or information and belief. I understar4that false statements herein are mkde subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to uns ` falsifi rtjoil to t o *itie. November 16, 2007 DATE ANIEL G. SC MIEG, EAttorney for Plaintiff 0 CY ? ? -71 Fn Y U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. CLYDE R. LEBO, II SUSANNE E. LEBO Defendant(s). TO: CLYDE R. LEBO, II 661 CONODOGUINET AVENUE CARLISLE, PA 17013 November 15, 2007 CUMBERLAND COUNTY No. 07-5778-CIVIL SUSANNE E. LEBO 661 CONODOGUINET AVENUE CARLISLE, PA 17013 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 661 CONODOGUINET AVENUE, CARLISLE, FA 17013, is scheduled to be sold at the Sheriffs Sale on NL4,RCH 5,''2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $ 106,091.40 obtained by U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open tl, 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. 41 ' You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 v DESCRIPTION ALL THOSE CERTAIN lots of ground situate in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania, being known and numbered as Lots Nos. 127, 128, 129 and 130 on the Plan of Meadowbrook Park, which Plan is recorded in the hereinafter named Recorder's Office in Plan Book 2, Page 96, and containing a total of One Hundred Sixty (160) feet in front along the northern line of Thirty (30) feet wide Conodoguinet Avenue and extending northwardly therefrom at an even width a distance of One Hundred (100) feet. SAID premises having an address of 661 Conodoguinet Avenue, Carlisle Pennsylvania. THE ABOVE DESCRIBED REAL ESTATE is the same premises which Harry L. Sampson, Executor of the Estate of Helen A. Bixler, deceased, by deed dated March 28, 2005 and recorded March 29, 2005 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 268, Page 662, conveyed to John T. Norman, Grantor herein. TITLE TO SAID PREMISES IS VESTED IN Clyde R. Lebo, U and Susanne E. Lebo, his wife, by Deed from John T. Norman, dated 04/22/2005, recorded 04/25/2005, in Deed Book 268, page 2777. PARCEL IDENTIFICATION NO: 29-18-1384-015, CONTROL #: 29003401 Premises: 661 Conodoguinet Avenue, Carlisle, PA 17013 Township of North Middleton Cumberland County Pennsylvania WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-5778 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, As Trustee, Plaintiff (s) From CLYDE R. LEBO, II & SUSANNE E. LEBO (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $106,091.40 L.L.$ 0.50 Interest from 11/16/07 - 3/05/08 (per diem - $17.44) -- $1,935.84 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $219.40 Plaintiff Paid Date: 11/21/07 Other Costs $2,121.50 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE No. 07-5778-CIVIL DEFENDANT(S) CLYDE R. LEBO, II ACCT. #160904 SUSANNE E. LEBO Type of Action SERVE SUSANNE E. LEBO AT - Notice of Sheriffs Sale 661 CONODOGUINET AVENUE CARLISLE, PA 17013 Sale Date: MARCH 5, 2008 1 SERVED Served and made known to X41 N E ?• LEBO , Defendant, on the a -1 Qeb'7 day of DFCAPPI 612 , 2007, at (0 :0o , o'clock /k.m., at 66( CD NO PO"INOT 4vf NCT ? P _t.5t Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. n Adult family member with whom Defendant(s) reside(s). Name and Relationship is ct y D E 1-?uS??N? 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. Other: Description: Age? Height _? Weight ZO Race V'j Sex M Other A I, luq-c,D ( ? O L-1- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of 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 Z°Y day of foeL 2007. Notary By: C? f,C i PLE ?E AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE NOTARY PUBLIC ATTEMPTED. STATE OF NEW JERSEY NOT SERVED Ifff COMUSS M EXpWM 101ZM12 On the day of , 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 0 Attempt: Time: 2"d Attempt: 1 / Time: 3rd Attempt: Time: _ Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200• One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Z ,: t3 t?;'s+ 3 23gt'gX3 pole4" 1Ipo ?) yM AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE DEFENDANT(S) CLYDE R. LEBO, R SUSANNE E. LEBO SERVE CLYDE R. LEBO, H AT 661 CONODOGUINET AVENUE CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 07-5778-CIVIL ACCT. #160904 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 5, 2008 Served and made known to Cw D c R. LEB© , Defendant, on the oq9 411 day of DrC'-EM%P00_7, at-(0,00 , o'clock A.m., at (otio ( 0D oo tit t Nor Ayf tiw , R-LI S L-e- Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ 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. Other: Description: Age 4-5 Height 6 "Weight a2D Race W_ Sex AA Other I, R?LtH.D A6 W- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this ZR day of 2007 Not §ry ?? By: J PLEA §F#~T LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY On thPy 10/?.51Z012, 200. at o'clock in., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200_. Notary: Vacant 2Id Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 -2- -2 L( . , r?? - ??" a ? `- .? :::: ? t ? 6'?3 r ";_? t ._... `r1 a_ " -.. .T B$ i : '., 'Y yw fY g ,? U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. CLYDE R. LEBO, II SUSANNE E. LEBO Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5778-CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,661 CONODOGUINET AVENUE, CARLISLE, PA 17013. 1. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. P ? January 29, 2008 DATE DANIEL G. SC G, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff V. CLYDE R. LEBO, II SUSANNE E. LEBO Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5778-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 661 CONnIOGi IINET AVENUE,, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. O J DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff Date: 3anna 29,2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 160904 'a a o ? b? Q ?a •o ? 'C 41 xd0 £016. a?az woa? arrow ? , o We MOM g, ? c ooz oz Aaa 098-CO t m Z0 ; Ajq C C-? O a o w A E-W x O w ? ..gg r`? N 8 w ?c N ?C a a a??- O e? pp HEN pG?oo W ? ?4? o a O ? ? aG U A W? o, y .. a oo pW z O OW o ? ..? N ?, ao O Q `- ? W ??° rY u . • O 0 o W o ? a ? o ? = Y 9'? a p W W w Aen .? c N ?? O z 4= ? O OO p' rn n z? a B 3 '" 10 ? 4 F ? og R ' Z Op ZW Oa E ' ' a? °v N rr ? W w O v o$ v ? ?a o a Ir c; u : aa UU p O O VU z ac . n h v ?a 0 a E Z as ?m °? N r + er v? ?o n oo a o •• ic_ n •v Clt> -T7 r? co i un Co ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which U S BANK NATIONAL ASSOC TR is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 21 day of SEPT, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 5778, at the suit of U S BANK N A TR against CLYDE R LEBO II & SUSANNE E is duly recorded as Instrument Number 200808337. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of 7;?4-4-jd , A.D. ?? O-C,F of Deeds s vtI ri D$ c' + umut m and C%owjy. Caft%, PA ;rtl Mcljer q bi &'j.2'010 U.S. Bank National Association as Trustee In the Court of Common Pleas of VS Cumberland County, Pennsylvania Clyde R. Lebo, II and Susanne E. Lebo Writ No. 2007-5778 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Clyde R. Lebo, II and Susanne E. Lebo, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale, and Description, in the above entitled action as NOT FOUND, as to the defendants, Clyde R. Lebo, II and Susanne E. Lebo. Eight attempts at service were made, but no one would answer the door. House appears to be vacant. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1220 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Clyde R. Lebo, II and Susanne E. Lebo located at 661 Conodoguinet Avenue, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 05, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of U.S. Bank National Association as Trustee. It being the highest bid and best price received for the same, U.S. Bank National Association as Trustee of 1100 Virginia Drive, Fort Washington, PA 19034, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $974.51. Sheriffs Costs: Docketing $30.00 Poundage 19.11 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 14.40 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 39.832 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 1 Z - S6 $ 974.51 ? 31,2?1O8 ??n e ICS 4,2873 -,--z1--,2ob869 So Answers: R. Thomas Kline, Sheriff BY Real Estat ergeant v 1 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION CLYDE R. LEBO, II SUSANNE E. LEBO NO. 07-5778-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,661 CONODOGUINET AVENUE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name CLYDE R. LEBO, II SUSANNE E. LEBO Last Known Address (if address cannot be reasonably ascertained, please indicate) 661 CONODOGUINET AVENUE CARLISLE, PA 17013 661 CONODOGUINET AVENUE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name FIRST NATIONAL BANK OF OMAHA FIRST NATIONAL BANK OF OMAHA C/O ROBERT D. KODAK Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 2951 OMAHA, NE 68103-2951 407 NORTH FRONT STREET P.O. BOX 11848 HARRISBURG, PA 17108-1848 4. Name and address of last recorded holder of every mortgage of record: I Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR DECISION P.O. BOX 2026 ONE MORTGAGE COMPANY, A FLINT, MI 48501-2026 CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF NORTH CAROLINA MERS AS NOMINEE FOR DECISION 6060 J.A. JONES DRIVE ONE MORTGAGE COMPANY, A SUITE 1000 CORPORATION ORGANIZED AND EXISTING CHARLOTTE, NC 28287 UNDER THE LAWS OF NORTH CAROLINA CORNERSTONE FEDERAL CREDIT UNION 5 EAST GATE DRIVE P.O. BOX 1181 CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 661 CONODOGUINET AVENUE CARLISLE, PA 17013 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 knowledge or information and belief. I understan.?that false statements herein are mkde subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unPANIEL fals fi ati to t o itie . November 16, 2007 DATE G. SC MIEG, ESQ Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. CLYDE R. LEBO, II SUSANNE E. LEBO Defendant(s). CUMBERLAND COUNTY No. 07-5778-CIVIL November 15, 2007 TO: CLYDE R. LEBO, II 661 CONODOGUINET AVENUE CARLISLE, PA 17013 SUSANNE E. LEBO 661 CONODOGUINET AVENUE CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 661 CONODOGUINET AVENUE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on MARCH 5,'`2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $ 106,091.40 obtained by U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 DESCRIPTION ALL THOSE CERTAIN lots of ground situate in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania, being known and numbered as Lots Nos. 127, 128, 129 and 130 on the Plan of Meadowbrook Park, which Plan is recorded in the hereinafter named Recorder's Office in Plan Book 2, Page 96, and containing a total of One Hundred Sixty (160) feet in front along the northern line of Thirty (30) feet wide Conodoguinet Avenue and extending northwardly therefrom at an even width a distance of One Hundred (100) feet. SAID premises having an address of 661 Conodoguinet Avenue, Carlisle Pennsylvania. THE ABOVE DESCRIBED REAL ESTATE is the same premises which Harry L. Sampson, Executor of the Estate of Helen A. Bixler, deceased, by deed dated March 28, 2005 and recorded March 29, 2005 in the Office of the Recorder of. Deeds of Cumberland County, Pennsylvania in Deed Book 268, Page 662, conveyed to John T. Norman, Grantor herein. TITLE TO SAID PREMISES IS VESTED IN Clyde R. Lebo, II and Susanne E. Lebo, his wife, by Deed from John T. Norman, dated 04/22/2005, recorded 04/25/2005, in Deed Book 268, page 2777. PARCEL IDENTIFICATION NO: 29-18-1384-015, CONTROL #: 29003401 Premises: 661 Conodoguinet Avenue, Carlisle, PA 17013 Township of North Middleton Cumberland County Pennsylvania WRIT OF EXECUTION and/or ATTACHMENT COM,MONWEA.LTH OF PENNSYLVANIA) NO 07-5778 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, As Trustee, Plaintiff (s) From CLYDE R. LEBO, H & SUSANNE E. LEBO (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $106,091.40 L.L.$ 0.50 Interest from 11/16/07 - 3/05/08 (per diem - $17.44) -- $1,935.84 and Costs Atty's Comm 0 Due Prothy $2.00 Any Paid $219.40 Other Costs $2,121.50 Plaintiff Paid Date: 11/21/07 (Seal) rothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 Real Estate Sale #64 On November 29, 2007 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA ;' Known and numbered as 661 Conodoguinet Ave., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 29, 2007 By: t R Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r isa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary r NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 64 Writ No. 1007-5778 Civil U.S. Bank National Association as Trustee vs. Clyde R. Lebo, II and Susanne E. Lebo Atty.: Daniel Schmieg DESCRIPTION ALL THOSE CERTAIN lots of ground situate in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania, being known and numbered as Lots Nos. 127, 128, 129 and 130 on the Plan of Meadowbrook Park, which Plan is recorded in the hereinafter named Recorder's Office in Plan Book 2, Page 96, and containing a total of One Hundred Sixty (160) feet in front along the northern line of Thirty (30) feet wide Conodoguinet Avenue and extending northwardly therefrom at an even width a distance of One Hundred (100) feet. SAID premises having an address of 661 Conodoguinet Avenue, Carlisle Pennsylvania. THE ABOVE DESCRIBED REAL ESTATE is the same premises which Harry L. Sampson, Executor of the Estate of Helen A. Bixler, deceased, by deed dated March 28, 2005 and recorded March 29, 2005 in the Office of the Recorder of Deeds of Cumber- land County, Pennsylvania in Deed Book 268, Page 662, conveyed to John T. Norman, Grantor herein. TITLE TO SAID PREMISES IS VESTED IN Clyde R. Lebo, II and Su- sanne E. Lebo, his wife, by Deed from John T. Norman, dated 04/22/2005, recorded 04/25/2005, in Deed Book 268, page 2777. PARCEL IDENTIFICATION NO: 29-18-1384-015, CONTROL #: 29003401. Premises: 661 Conodoguinet Av- enue, Carlisle, PA 17013, Township of North Middleton, Cumberland County, Pennsylvania. The Patriot-News Co. ., 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4ePatr1*otjwXtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 1. 3 A.D. notary rupuc COMMONWEALTH OF', PENNSYLVANIA Notaft Sherrie L. Kisner M-; Public Ciy Of hlerrisburq Oauphdn L266, y My ConxnWira Nov11 Member, Pennsylvania A seriat;on of Notaries REAL ESTATE SALE N0.64 Writ No. 2007-677'8 Chril Term U.S. Bank National Association as Trustee VS Clyde R. Lebo, If and Susanne E. Lebo Attorney Daniel Schmleg DESCRIPTION ALL THOSE CERTAIN lots of ground situate in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania, being known and numbered as Lots Nos. 127, 128, I 129 and 130 on the Plan of Meadowbrook Park, which Plan is recorded in the hereinafter named Recorder's Office in Plan Book 2, Page 96, and containing a total of One Hundred Sixty (160) feet in front along the northem line of Thirty x;(30) feet wide Conodoguinet Avenue and extending northwardly therefrom at an even width a distance of One Hundred (100) feet. SAID premises having an address of 661 Conodogumet Avenue, Carlisle Pennsylvania. THE ABOVE DESCRIBED REAL ESTATE is the same premises which Harry L. Sampson, Executor of the Estate of Helen A. Bider, deceased, by deed dated March 28, 2005 and recorded March 29, 2005 in the Office of the Recorder -of Deeds of Cumberland County, Pennsylvania in Deed Book 268, Page 662, conveyed to John T Norman, Grantor herein. TITLE TO SAID PREMISES IS VESTED IN Clyde R. Lebo, B and Susanne E. Lebo, his wife, by Deed from John T. Norman, dated 04/ X005, recorded 04/25/2005, in Deed Book 268, page 2777. PARCEL IDENTIFICATION NO: 29-18-1384 5 CO NTROL #. 29003401 Premises: 661 Conodogumet Avenue, Carlisle, PA 17013 Township of North Middleton Cumberland County Pennsylvania