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HomeMy WebLinkAbout09-7271Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com MIDFIRST BANK IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW MICHAEL J. LEMBESIS AND ACTION OF MORTGAGE FORECLOSURE TRACY L. LEMBESIS Defendants &"J THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MIDFIRST BANK, I IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. MICHAEL J. LEMBESIS AND TRACY L. LEMBESIS, Defendants CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. MICHAEL J. LEMBESIS AND TRACY L. LEMBESIS, Defendants CIVIL ACTION - LAW Xe. 0,7 - 7.2.1/ ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff is MIDFIRST BANK, a corporation whose address is 999 N.W. GRAND BOULEVARD OKLAHOMA CITY, OK 73118. 2. The Defendants, MICHAEL J. LEMBESIS and TRACY L. LEMBESIS, are adult individuals whose last known address is 516 3RD STREET ENOLA, PA 17025. 3. On or about, September 27, 2000, the Defendants executed and delivered a Mortgage Note in the sum of $77,960.00 payable to CENDANT MORTGAGE CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, the Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on September 29, 2000 in Mortgage Book 1641, Page 503 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MIDFIRST BANK and was recorded on March 8, 2004 in the aforesaid County in Mortgage Book 706, Page 2984. The said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 516 3RD STREET ENOLA, PA 17025 and is more particularly described in Exhibit "B" attached hereto. 6. The Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that the Mortgagors have failed to pay the installment due on March 01, 2009 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $16.28 per day From 02/01/2009 To 11/0 1/2009 ( based on contract rate of 8.3750%) Accumulated Late Charges Late Charges $30.57 From 03/01/2009 to 11/01/2009 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $70,973.26 $4,444.44 $904.96 $244.56 $875.02 $3,548.66 $80,990.90 **Together with interest at the per diem rate noted above after November 01, 2009 and other charges and costs to date of Sheriffs Sale. 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 Sheriff s Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendants by letters dated May 19, 2009 as required by Pennsylvania Act No. 6 of 1974, as amended. Copies of the May 19, 2009 Act 6 Notices are attached hereto and marked Exhibit "C". 10. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 11. The Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.3750% ($16.28 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of the property within described. By: 4JJL-I'- Pf(RCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Um Nua*.v :0011494317 MD; NOTE FHA Car N. !-? Multistate 441-6295244-703 September 27th, 2000 1LI.-1 516 3RD 3TRZET, iZST lAIRVIZN, PA 17025 ;Property Add-) 1. PARTIES "Borrower' means each person signing at the end of this Note, and the person's successors and assigns. 'Lender' mews Cecdent Mortgage Corporation and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; ]INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of seventy-sawn Thousand Nine Hundred Sixty Dollars and Zero Cents Dollars (U.S. S 77, 960.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of tight and Three tighths percent( a. 375 M) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the some date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MAN INER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on November lot , 2000 . Any principal and interest remaining on the first day of October 2030 , will be due on that date, which is called the 'Mantri ry Date.' (B) Place Payment shall be made at 3000 Leadenhall Road Mount Laurel, NJ 08054 or at such platx as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. S 592.56 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note ror payment adjustments If an alionge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the alonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the alonge were a part of this Note. [Check applicable box] ?Graduated Payment Allonge ?Growing Equity Allonge Other [specify] S. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part. without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. FHA M ddsh" hand Rob NW* - Isms 1R ixon.oa 4k. VMP MORKM3E FORMS ?87n5•.17?n• ? Pogo 1 of 2 Nws: A4 1-1 *7r} 12/ Original ?h?bi 4' R„ 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the. Security I, sttument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment Is due, Lender rray collect a late charge in the amount of lour percent ( 4. 00 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except ns limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance retraining due and all accrued interest. Lender may choose not to exercise this option without waiving Its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs mW Expenses If Leader has requited immediate payment in full, as described above, Lender mar require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. 'Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. S. GIVING OF NOTICES Unless applicable I.Tv requires a different method, any notice that must be given to Borrower under this Note mill be given by delivering it or by mailing it by firm class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the Mdress stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS L9 ER TMS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who 1? a guvasitor, surety or endorser of this Nato is also obligated to do these things. Any person who takes over these obligations, Including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lander may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Not!- BY SIGNING BELOW, rrower accepts and agrees to the terms and covenants contained in this Note. ^ (Sea]) (Sea1) NICK= J. Is -Sommer TPACZ L. MM sIs -Borrower ---- (Seal) _ --' -- -_--- (Seal) pAY T07118 ORDER M. Btnower -Borrower Wi'1110U'f RFCOURSE (Seal) (Seal) -Borrower C l u a ° Borrower . runt Vice president A' si ? / Karcn Collins, (Scall) cn an r .. DBA 1'1111 klurta.gc .,ervices, Inc: Borrower -Bomwver ®-1R twoiim per;, M °1_x^w Original ALL THAT CERTAIN lot of ground situate in the Borough of West Fairview, Cumberland County, State of Pennsylvania, bounded and described as follows: BEGINNING at a point along the west side of Third Street, one hundred seventy-eight (178) feet north from the northwest corner of Third and Locust Streets, at the corner of lot of ground now or formerly of M. J. Holmes; thence in a southwesterly course along the line of aforesaid lot now or formerly of M. J. Holmes, one hundred and four (104) feet and five (5) inches to an alley; thence in a northwesterly course along said alley, thirty (30) feet to land now or formerly of Samuel Reed; thence in a northeasterly course along land now or formerly of Samuel Reed, one hundred four (104) feet and five (5) inches to Third Street; thence along Locust Street in a southeasterly course, thirty (30) feet to the place of BEGINNING. _ k\ 1 ?b?? ? Aug-31-09 09:25am From-MIDLAND MORTGAGE REFERRAL T-531 P.02/05 F-235 Midland Mortgage Co. 999 N.W QT4U4Boulevard. Suite 110 Oklahoma City, Oklahoma 73118 phone. (403)426-1200 Fav (445)426-1739 TLms4ay. May 19. zoos ^ CERTIFIED NW!- COL NUCHAEL J LEMS12SIS 516 3RD ST ENOLA PA 17029-3130 NOVICE OF INTENTION TO FOR SCLOSR -UM ACCRX=&TZ LOAN eA>Y.7?NCR MU)XR ONCTION 143 OF P>iMSYLVANIA ACT NO. 6 OF 1971 RE. Loam 0 49501432 Dear Mortgagor(s): Midland Mortgage Co. is the holder of a Mortgage and a Note on the above premises, or is the mortgage servicing agent for such holder. As of the date of this notice, THE NORTGA09 IS IN DEFAULT STATUS because of nonpayment of the following: Payments, late charges, and advances from 3imo9 through 5/1wDo9. The total amount now required to cure the default, or in other words get caught up in your payments, is $3.202.37 . All payments referred to in this notice must be in the form of cashier's or certified check made payable to Midland Mortgage Co. at the expedited payment processing address on your coupon book. In the event payment, as specified in the proceeding paragraph, is not made WITHIN THIRTY (30) DAYS from the date of this letter, it is the intention of the holder of the mortgage, through this company, to accelerate (declare due and payable immediately the entire load) the mortgage obligation and all other lawful charges and instruct our attorney to institute MORTGAGE FORECLOSURE PROCEEDING. ( ?k\k-lvc!(I AurV -09 09:25am From-MIDLAND MORTGAGE REFERRAL T-531 P.03/05 F-235 (a) If you wiSh to CU= THX DRYAMT within thirty (30) days from the date of this letter, you must pay the TOTU #Jl unT DDE stated above, plus an additional monthly installment if payment is made after the 1st day of the next month, plus an additional late charge if due at time of payment and not included above. A r+AT$ C IMRGR is due with each mortgage payment paid more than fifteen (15) days after the due date. Your current monthly installment is $764.36 . (b) if payment is made AFTER THIRTY (30) PAT$ from the date of this letter, but BEFORE FORECLOSURE PROCXRLIING has been starred, the amount you will have to pay will also include the regular monthly installments and late charges then due, plus, if incurred, any ATTORNEYS FEE OF NOT MORE THAN $50.00 and any title report costs, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000. aPT13R FORECLOSURE PROCREVING HAS BEEN ST4RTE1), you have the right to STOP the foreclosure action any time up to ONE (1) ROAR 13RFORR the commencement of the SR=RZSFIS SALE by paying the entire amount due at the time, which shall include All delinquent installments and unpaid late charges, together with RRASOI+NARLX T.RGAL, PEES ACTUALLY INCURRED, cost and other sums related to the foreclosure action, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000. Should you FAIL to reinstate the loan as outlined above, the mortgage premises will be SOLD AT SH$RIFF'S SX&R, which wall take place approximately seven (7) to eleven (11) weeks following SERVICE of the Complaint in Mortgage Foreclosure, at which tame your OWNERSHIP interest an mortgage premises will be TERIIINATEV, and thereafter, of occupied, proceedings will be taken to OUTAIN POSSESSION of the real estate. You have the right to RRFINANCR THE LOAN with another lending institution or TRANSFER TER PROPERTY to another person, under and subject to the existing mortgage. That person will have the $&ME RIGHT TO CURE THE AEFAUL.T as you have, subject to the same limitation and requirements. You may CURE pEFART.TS up to three (3) times in any calendar year. Upon cure of a default you will be in the same position as if there had been NO DEFAULT. A default may be cured by ANYONE on your behalf. Please note that if the loan was in default at the time midland began servicing it, we are required to advise you that this communication is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. Sincerely. Midland Mortgage Co. Collection Department 49501432 Aug-31-09 09:25am From-MIDLAND MORTGAGE REFERRAL PA 17025-3130 Midland Mortgage Co. 999 N W . GTand B oulevaO. Suite 1 10 0k1ahoma Cijy, Oklahoma 73118 P6oua. (405) 426-1200 Fax. (405) 426-1739 TwsWaly, May 19, 206.4 COL ')[',RACY L L.EWES1S 516 3RD ST ENOLA L NOTICZ OF INT1 OF PENT ": Loan # 49541432 pear mortgagor(s): Midland Mortgage Co. the above premises, holder. ACT NO. T-531 P.04/05 F-235 .. . . ... . . .......IL.... CERTIAED MA: is the holder of a Mortgage and a Note on or Is the mortgage servicing agent for such As of the date of this notice, TU MORTGAGE IS IN DEFAULT STATUS because of nonpayment of the following: payments, late charges, and advances from 3/1/2009 through 5/18/2004. The total amount now required to cure the default, or in other words get caught up in your payments, is $3,202.37 All payments referred to in this notice must be in the form of cashier's or certified check made payable to Midland Mortgage Co. at the expedited payment processing address on your coupon book. in the event payment, as specified in the proceeding paragraph, is not made WITHIN THIRTY (30) DAYS from the date of this letter, it is the intention of the holder of the mortgage, through this company, to accelerate (declare due and payable immediately the entire loan) the mortgage obligation and all other lawful charges and Instruct our attorney to institute MORTGAGE FORUC>LOSURE PROCREPTNG _ >GOl?bi Aua-31-09 09:25am From-MIDLAND MORTGAGE REFERRAL T-531 P.05/05 F-235 (a) if you wish to CURB TIM DZVAULT within tha-rty (30) days from the date of this letter, you must pay the TOTAL' A>s`OWM DUE stated above, plus an additional monthly installment if payment is made after the 1st day of the next month, plus an additional late charge if due at time of payment and not included above. A LATE CHARGE is due with each mortgage payment paid more than fifteen (15) days after the due date. Your current monthly installment is $764.36 . (b) If payment is made AFTER THIRTY (30) PAYS from the date of this letter, but BEFORE FORECLOSURE PROCEEDING has been started, the amount you will have to pay will also include the regular monthly installments and late charges then due, plus, if incurred. any ATTORNEY'S 8RN OF NOT MORE TEAK $50.00 and any title report costs, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000. AFTEit FORRCLOSUStE PROCEEDING HAS SEEN STARTED, you have the right to STOP the foreclosure action any time up to ONE (1) HOUR BEFoRR toe commencem6ar- of the SN8RI8F'0 SALE by paying the entire amount due at the time, which shall include all delinquent installments and unpaid late charges, together with REASONABLE LEGAL. FEES ACTUALLY INCURRED, cost and other sums related to the foreclosure action, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000. Should you FAIT. to reinstate the loan as outlined above, the mortgage premises will be SOLD AT SHERIFF'S SAi,B, which will take place approximately seven (7) to eleven (11) weeks following SNRVICR of the Complaint in Mortgage Foreclosure, at which time your OWNERSUIP interest in mortgage premises will be TRRXINATRD, and thereafter, if occupied, proceedings will be taken to OBTAIN POSSESSION of the real estate. You have the right to REFINANCE TUN LOAN with another lending institution or TRANSFER TUN PROPERTY to another person, under and subject to the existing mortgage. That person will have the SJLXZ RIGHT TO CURE TUE PRFAULT as you have, subject to the same limitation and requirements. You may cURR DEFAULTS up to three (3) times in any calendar year. Upon cure of a default you will be in the same position as if there had been NO DZFAULT. A default may be cured by ANYONI! on your behalf. Please note that if the loan was in default at the time Midland began servicing it, we are required to advise you that this communication is from a debt collector, this is an attempr. to collect a debt, and any information obtained will be used for that purpose. sincerely. Midland Mortgage Co. Collection Department 49501432 COMPANY NAME: MIDFIRST BANK VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. lo??lrx' Dated, Vice President Title 1 2Jj'9OCT 22 Aiil i!: GJ IJI;'V; r 4 i li v <' y r 3 a el-/ ?' Sheriffs Office of Cumberland County R Thomas Kline Sheri OFFICE vt='HE ? VUF F I L ED-." FICT OF C::NrjTAq r Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 20T9t y?';' -I A1111:04 b Midfirst Bank vs. Michael J. Lembesis Case Number 2009-7271 SHERIFF'S RETURN OF SERVICE 11/02/2009 06:53 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2009 at 1853 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tracy L. Lembesis, by making known unto herself personally, at 528 3rd Street Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing- to her personally the said true and correct copy of the same. v 11/03/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michael J. Lembesis, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Michael J. Lembesis. Request for service at 516 3rd Street Enola, PA 17025 is vacant. The Enola Postmaster has advised there is no change of address for the defendant. An exact address is not available. 11/03/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupants of 516 3rd Street Enola, PA 17025, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupants. Request for service at 516 3rd Street Enola, PA 17025 is vacant. SHERIFF COST: $97.00 November 03, 2009 SO ANSWERS, '? -o r r' MIDFIRST BANK IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW MICHAEL J. LEMBESIS AND ACTION OF MORTGAGE FORECLOSURE TRACY L. LEMBESIS Defendants Term No. 09-7271 PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: November 9, 2009 PURCELL, KRUG, & HALLER BY Leon P. Halle 1719 Nort ront Street Harrisb , Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 ?E 2009 NOV 10 N 10: 22 )V. d J P ti7 e/l ? 11WIe - Xlv? a33 a SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline ~ ~-cl: '.' ~ .;- Sheriff ~^ ~ ~"~j ~~,~~~~ of ~~iauf~~~J,~~t?# ~~ Ronny R Anderson " ^nn~, a -;,, ¢ - r Chief Deputy 1~: u 7 ~ :.~ , d ~! ~., ; _`~ ~ x ~` Jody S Smith Civil Process Sergeant t~~: ~ -`~ ' ~' Edward L Schorpp Solicitor Midfirst Bank vs. Michael J. Lembesis Case Number 2009-7271 SHERIFF'S RETURN OF SERVICE 11/12/2009 04:45 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2009 at 1645 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael J. Lembesis, by making known unto Angela Lembesis, Daughter of defendant at 602 State Street, Apt. A Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 November 13, 2009 SO ANSWERS, ~..I R THOMAS KLINE, SHERIFF Deputy Sheriff c'=:.;run 5;t~~he f. Te'cUSn~Y. li?~. SHERIFFS OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ ~ ~r _;-. _„..- Sheriff "~ T~, r Jody S Smith ~~,~~tita ot: ~n+nGrpf~~0 r~'t Chief Deputy ~., ~ Z'~ 1 ~ ~ ~ Z , . ~ (I .:~. i-if~, j,j gt. Richard W Stewart '~ t , _: Solicitor ~ ~ F-k~.~~~i~F CU>,~:_ ~ ~~;:~;',•~( ` ~_, Midfirst Bank vs. Case Number Michael J. Lembesis (et al.) 2009-7271 SHERIFF'S RETURN OF SERVICE 04/07/2010 01:40 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 1340 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 Michael J. Lembesis and Tracy L. Lembesis ,located at, 516 3rd Street, Enola, Cumberland County, Pennsylvania according to law. 04/09/2010 08:55 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2010 at 2053 hours, 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: Tracy L. Lembesis, by making known unto, Tracy L. Lembesis, personally, at 528 3rd Street, Enola ,Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/22/2010 08:25 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/22/10 at 1820 hours, 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: Michael J. Lembesis, by making known unto, Jimmy Anderson Nonez Sayes, Adult in Charge, at, 602 State Street, Apartment A, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/03/2010 Ronny R. Anderson, 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 June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon P. Haller, on behalf of Midfirst Bank, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 870.23 07/09/2010 Deed recorded 07-09-10. SHERIFF COST: $870.23 July 09, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~`~00~~. ,e) i;oimTySuite Sherrff. Teieosoft. Inc. MIDFIRST BANK, PLAINTIFF V S. MICHAEL J. LEMBESIS TRACY L. LEMBESIS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 09-7271 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 516 3RD STREET ENOLA, PA 17025: 1. Name and address of the Owner(s) or Reputed Owner(s): MICHAEL J. LEMBESIS 602 STATE STREET, APT. A ENOLA, PA 17025 MICHAEL J. LEMBESIS 516 3RD STREET ENOLA, PA 17025 TRACY L. LEMBESIS 516 3RD STREET ENOLA, PA 17025 TRACY L. LEMBESIS 528 3RD STREET ENOLA, PA 17025 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN East Pennsboro Township Sewer Municipal 98 South Enola Drive Enola, PA 17025 Henry F. Coyne, Solicitor East Pennsboro Township 3901 Market Street Camp Hill, PA 17011 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 516 3RD STREET ENOLA, PA 17025 Gary J. Imblum, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 MIDFIRST BANK, I IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. MICHAEL J. LEMBESIS TRACY L. LEMBESIS, TAKE NOTICE: DEFENDANT(S) CIVIL ACTION LAW NO. 09-7271 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 That the SherifFs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 02, 2010 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 516 3RD STREET ENOLA, PA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 09-7271 JUDGMENT AMOUNT $80,990.90 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MICHAEL J. LEMBESIS AND TRACY L. LEMBESIS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office -Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot of ground situate in the Borough of West Fairview, n/k/a East Pennsboro Township, Cumberland County, State of Pennsylvania, bounded and described as follows: BEGINNING at a point along the west side of Third Street, one hundred seventy-eight (178) feet north from the northwest comer of Third and Locust Streets, at the corner of lot of ground now or formerly of M. J. Holmes; thence in a southwesterly course along the line of aforesaid lot now or formerly of M.J. Holmes, one hundred and four (104) feet and five (5) inches to an alley; thence in a northwesterly course along said alley, thirty (30) feet to land now or formerly of Samuel Reed; thence in a northeasterly course along land now or formerly of Samuel Reed, one hundred four (104) feet and five (5) inches to Third Street; thence along Locust Street in a southeasterly course, thirty (30) feet to the place of BEGINNING. HAVING THEREON ERECTED atwo-story frame dwelling house known as 516 aid Street, Enola, PA 17025. PARCEL NO.45-16-1050-119 BEING THE SAME PREMISES WHICH James A. Garver and Kara J. Garver by deed dated 9/27/00 and recorded 9/29/00 in Cumberland County Record Book 229 Page 942, granted and conveyed unto Michael J. Lembesis and Tracy L. Lembesis. TO BE SOLD AS THE PROPERTY OF MICHAEL J. LEMBESIS AND TRACY L. LEMBESIS ON JUDGMENT NO. 09-7271 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) ~ NO 09-7271 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK, Plaintiff (s) From MICHAEL J. LEMBESIS AND TRACY L. LEMBESIS (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 $80,990.90 L.L. $.50 Interest $3,451.36 -PER DIEM OF $16.28 TO SALE DATE 6/2/2010 Atty's Comm Due Prothy $2.00 Atty Paid $267.50 Other Costs LATE CHARGES $30.57 PER MONTH TO SALE DATE 6/2/2010 -- ESCROW DEFICIT $2,200.13 Plaintiff Pai-d Data. MARCH 9, 2010 Buell, r honotary (Seal) By: Deputy REQiJESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG &HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in West Fairview Borough, Cumberland County, PA, Known and numbered as, 516 3rd Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 ~~~ Real Estate Coordinator Z ~ ~ ~~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, Apri123, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 30 da oy f April, 2010 J Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE 80ROUGH. CUMBERLAND COUNTY My Commlaaion Expires Apr 28, 2044 wit xo. Zoo9-7271 civtt Midfirst Bank vs. Michael J. Lembesis Tracy L. Lembesis Atty: Leon P. Haller ALL THAT CERTAIN lot of ground situate in the Borough of West Fairview, n/k/a East Pennsboro Township, Cumberland County, State of Pennsylvania, bounded and described as follows: BEGINNING at a point along the west side of Third Street, one hun- dred seventy-eight (178) feet north from the northwest corner of Third and Locust Streets, at the corner of lot of ground now or formerly of M. J. Holmes; thence in a southwesterly course along the line of aforesaid lot now or formerly of M.J. Holmes, one hundred and four (104) feet and five (5) inches to an alley; thence in a northwesterly course along said alley, thirty (30) feet to land now or formerly of Samuel Reed; thence in a northeasterly course along land now or formerly of Samuel Reed, one hundred four (104) feet and five (5) inches to Third Street; thence along Locust Street in a southeasterly course, thirty (30) feet to the place of BEGINNING. HAVING THEREON ERECTED a two-story frame dwelling house known as 516 3rd Street, Enola, PA 17025. PARCEL NO. 45-16-1050-119. BEING THE SAME PREMISES WHICH James A. Garver and Kara J. Garver by deed dated 9/27/00 and recorded 9/29/00 in Cumberland County Record Book 229 Page 942, granted and conveyed unto Michael J. Lembesis and Tracy L. Lembesis. TO BE SOLD AS THE PROPERTY OF MICHAEL J. LEMBESIS AND TRACY L. LEMBESIS ON JUDGMENT NO. 09-7271. ~ .. ,~ e,~_.. .~,, ..,Sw< .G,.. .. .. ~ : ' ; ;. y ~ .: r }... ... .. aw. ~...e.... vl~ 1vK ..... The Patriot-News Co. 2A20 Technology Pkwy Suite X00 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'~e~latriot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 04/23/10 04/30/10 t - ~~ Sworn to bscribed before me this x ay f~ ay, 2010 A.D. - - ~(~ ~-~-z-- Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shenie L Kisser, Notary Publk My Com ~~' Dauphin County 6cplres Nov. 26, 2011 Member, Pennsylvania,assodatlon of Notaries MI! IIWr~',~~"M1R1 ,MrMc ifs., -'IiM~IptNJ+L~nbM~i l'Mfl~l'L.4N11bM~ ~~~ P . All.°PNAl'Cl~iAII~i laofp~o~mdie~6o- of QVast Fa6tview; n/tk F.aetPY~ebotu Toae~, t:amberland Cotmry' Stan' of Feeesy.1G1~. t~e~Aed anddeaaibad as follows; SA(~'1NIA1Q at a poEnt aideg the west side of Thud Stteot,'oa fiaedred seveaty'(178) feet'meth: Som ~e oft oocner ol''P4ud and I.oonsl8u~ets, at the cgteei' of'kt~of gtouad niox of>fdtmetly of M. f. lid~~; theaatr m a satlitwt~taiy ooncse altmg die line bP afaesaid lotnowor far~aty'bf IN.I. H~olktoB,ame and flwir (104) feet and t;ve (5~ inches to att aftey; t1leCOa iD a nmthw ooutersbmg said,. ~Y~ ~Y (30) feat to latid now or fotmaly of $,~pd;. d~eoce, in a notthdst±7ly alo~'Ta~ i-uw or folly of-Sadmacl Rced; "one.hegdredfour (144) feet and five;(5) iacbea to Stiront; th~cc doeg I:oc~t Steeet ih a ~,;ry sa,~, thuty`(3~1 fedto d-e place of ~< HAVBdG TI~EON frRF.CI"ED a two-story frame dwelling Loaielnorvn ae 5153rd 5tteet, Eoght; to 17025. `; PARC'SL Imo. 4~-1610511.119' BE~'rs!'f~ Sim PRPda~BS~fIIt:H Jatnas A. t}a¢vet ad1 ICup J. (igttner by tleod'dtded 9/27!00 ~ ineorded 9IZ9V06 ~u°~Cud Cotmty Rnoptd Boolt 2291 Faga 942s ~raaded and. convelred`~ met ]. leria tmd Tiacy L'.' , Ltmbess. 7'O.IiE Sf;II.A A~'4~`~Y~fJF ldI:~ ~~ its!"° 94i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Zie~, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which MIDFIRST BANK is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 9TH day of MARCH, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 7271, at the suit of MIDFIRST BANK against MICHAEL J LEMBESIS & TRACY L is duly recorded as Instrument Number 201018443. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 7 day of ~y~y , A.D. 201 d Recorder of Deeds