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Home My WebLink About10-0714C-? Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com FILL T U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. MICHAEL V. LEHMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE /C 7/Gl 6w4/ THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO 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 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. MICHAEL V. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. MICHAEL V. LEHMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant No. la- wy 6141 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 ("Trust"), is a National Association with a Servicing Agent of the Pennsylvania Housing Finance Agency, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. 2. Defendant, MICHAEL V. LEHMAN, is an adult individual whose last known address is 154 MEADOWBROOK COURT NEW CUMBERLAND, PA 17070. 3. On or about, June 18, 2004, the said Defendant executed and delivered a Mortgage Note in the sum of $105,000.00 payable to BROADVIEW MORTGAGE COMPANY, 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, Defendant 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 June 23, 2004 in Mortgage Book 1870, Page 3511 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County on June 23, 2004 in Mortgage Book 709, Page 1310. The Mortgage was further assigned to U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 1607 HOLTZ ROAD ENOLA, PA 17025 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on October 01, 2009 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $13.35 per day From 09/01/2009 To 02/01/2010 (based on contract rate of 5.0000%) Accumulated Late Charges Late Charges $22.55 From 10/01/2009 to 02/01/2010 Escrow Credit Attorney's Fee at 5% of Principal Balance TOTAL $96,095.17 $2,042.55 $67.65 $90.20 ($148.62) $4,804.76 $102,951.71 **Together with interest at the per diem rate noted above after February 01, 2010 and other charges and costs to date of Sheriff's 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. The Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 which contained amendments to Act 91 of 1983 (35 P.S. 1680.401c et. i..) and Pennsylvania Act 57 of 2008 which contained amendments to Act 6 of 1974 (41 P.S. 101 et. se by sending to each Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice dated December 3, 2009 is attached hereto as Exhibit "C". 10. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 11. The Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him 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 5.0000% ($13.35 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: CELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) NOTEioo91 June 18th, 2004 Camp Hill PA [Date] [City] [State] 1607 Holtz Road, Enola, PA 17025 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U. S. $ 10 5, 0 0 0.0 0 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is BROADVIEW MORTGAGE COMPANY I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.000 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1 s t day of each month beginning on August 1st, 2004 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before principal. If, on July 1st, 2034 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 95 E. WILSON BRIDGE ROAD , WORTHINGTON, OH 43085 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U. S. $ 563.67 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is (mown as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ®7 5N (0oo5).o1 Form 3200 1101 ® VMPMORTGAGEFORMS -(800)521.7291 Pepe 1 of 3 Initials: _ (;Kk;b4` 01' 0,y/ 10. UNIIF ORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. s - WITNESS THE HAND( OF THE UNDERSIGNED. Zz//a?4- (Seal) Michael V Lehman -Borrower WITHOUT RECOURSE, PAY TO THE ORDER OF: (Seal) Penns Ivania p -Borrower BROA?YI MOT Ag BY. Martha Barnhart Assistant Secretary (Seal) -Borrower (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower [Sign Original Only] -5N poo yof Pape 3 of 3 Form 3200 1101 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a pipe in the line of lands now or formerly of Walter L. Shelly and at corner of lands now or formerly of Raymond Smeltzer and Margaret Smeltzer; thence along lands now or formerly of Walter L. Shelly, South 61 degrees 44 minutes West, 155.78 feet to a stake; thence North 24 degrees 38 minutes West, 17.85 feet to a stake on the south side of a public road known as Township Route No. 660; thence along and through said public road, North 40 degrees 30 minutes East, 154.22 feet to a point on the south side of said public road; thence along lands now or formerly of Raymond Smeltzer, Margaret Smeltzer, and Walter L. Shelly, South 36 degrees 39 minutes East, 74.55 feet to the place of BEGINNING. HAVING THEREON. ERECTED a dwelling house known and numbered as 1607 Holtz Road, Enola, Pennsylvania. 1 16 " Date: 12/03/2009 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the Program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call 717-780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. T691 LR/dtmdocs/ALSV/ 1? 1 AC HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NO.: MICHAEL V. LEHMAN 1607 HOLTZ RD ENOLA, PA 17025-1313 1199611 CURRENT LENDER/SERVICER: Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 15057 Harrisburg, PA 17105-5057 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS; AND, * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the Consumer Credit Counseling Agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the Consumer Credit Counseling Agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated Consumer Credit Counseling Agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Program. To do so you must fill out, sign and file a completed Homeowners' Emergency Mortgage Assistance Program Application with one of the designated Consumer Credit Counseling ACT691 LR/dtmdocs/ALSW Agencies listed at the end of this Notice. Only Consumer Credit Counseling Agencies have applications for the Program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for Emergency Mortgage Assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 1607 HOLTZ RD, ENOLA, PA 17025-1313, IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months October, 2009 thru the first of December, 2009 in the amount of $2,167.00 plus late charges that have accrued in the amount of $45.10. THE TOTAL AMOUNT DUE IS $2,619.10. This includes all payments, fees and expenses due, less any funds we are holding in suspense. HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,619.10 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or monev order made payable_ and sent to: PENNSYLVANIA HOUSING FINANCE AGENCY 211 N FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105-5057 ACT691 LR/dtmdocs/ALSV/ IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mort- age debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default In the manner set forth In this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately three months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 717-780-3804 (FAX) Contact Person: KIMBERLEY AYALA Counseling Agencies: In addition to mailing Appendix B, Notice of Face-To-Face Meeting, please notify PHFA (when we are the first lien holder) of the face-to-face meeting and pending submission of application for HEMAP assistance by sending an e-mail to: Kayala@phfa.org. If you do not have access to e-mail, please call Kim Ayala at 717-780-1815 and advise of the face-to-face meeting. EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. (This does not apply if your mortgage was originated under the Home Start Program.) ACT691 LR/dtmdocs/ALSV/ YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PHFA CCCS of Western PA 211 North Front Street 2000 Linglestown Road Harrisburg, PA 17110 Harrisburg, PA 17102 717.780.3940 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 ACT691 LR/dtmdocs/ALSV/ . Pennsylvania Housing Finance Agency Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057 Harrisburg PA 17105-5057 (800) 346-3597 FAX (717) 780-3804 TTY (717) 780-1869 NOTICE 12/03/2009 MICHAEL V. LEHMAN 154 MEADOWBROOK CT NEW CUMBERLAND, PA 17070 RE: Account #1199611 TO: MICHAEL V. LEHMAN 1607 HOLTZ RD ENOLA, PA 17025-1313 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. Attachment: Housing Counseling List ACT691 LR/dtmdocs/ALSV/ HUD-APPROVED CREDIT COUNSELING AGENCIES CCCS OF WESTERN PA-HARRISBURG NACA 2000 LINGLESTOWN RD. 1341 N DELAWARE AVE; SUITE 312 HARRISBURG, PA. 17110 PHILADELPHIA, PA. 19125 Phone:888-599-2227 Phone:888-297-5568 HOUSING ALLIANCE OF YORK 34 S. Duke St. York, PA 17401-1106 Phone: 800-864-4909 TABOR COMMUNITY SERVICES 208 E King St. Lancaster, PA 17608-1676 Phone: 717-397-5182 PHILADELPHIA COUNCIL OF COMMINITY DEVELOPMENT ONE PENN CENTER;1617 JFK BLVD; SUITE 1550 PHILADELPHIA, PA. 19103-1828 Phone:800-930-4663 ACT691 LR/dtmdocs/ALSW j 710 3901 9811. 5737 2143 TO:MICBAEL V IMMN 1607 HOLTZ RD ENOLA,PA 17025 SWCM CONDE WEEMM199611 Us Pam Sol win ? wn O _14,111,11W pt fcw COMW MaH s ? = Do Not UM a rmom MM > II you, II I _ ?` r h ..eo 1 , Il - m _ ' j 5737 2170 70%MICHAEL V LSHMUM 154 BOOK CT NEW CUMBERLAND, PA 17 07 0 on nmt: COMM R!l199 611 owner ftmftk FAImrv se a $: no" ftom NM 76W hMy?! NMr x _R ?I • o ? o? VERIFICATION Anthony J. Julian hereby states that he is the Director of Accounting and Loan Servicing of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Anthony J. Julian Director of Accounting and Loan Servicing 119911d PENNSYLVANIA HOUSING FINANCE AGENCY Date: SERVICING AGENT FUR U.S. BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson RLED4St_? r ? Sheriff Jody S Smith Chief Deputy 2610 FEB 16 PM 2: (3 Edward L Schorpp Solicitor cup r?W) `i1? 1UFY I~t f ?hk{il t.?Jiii?l{r! US Sank National Association vs. Michael V. Lehman SHERIFF'S RETURN OF SERVICE Case Number 2010-714 02/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant at 1607 Holtz Road, 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 Occupant. Request for service at 1607 Holtz Road, Enola, PA 17025 is vacant. 02/09/2010 Ronny R. Anderson, 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 V. Lehman, 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 V. Lehman. Request for service at 1607 Holtz Road, Enola, PA 17025 is vacant. The Enola Postmaster has advised the defendant's new address is 154 Meadowbrook Court, New Cumberland, York County, PA 17070. SHERIFF COST: $81.00 February 09, 2010 ;c Count,Suite Ie eosctt In:: U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. MICHAEL V. LEHMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-714 n C-- N ''tai PRAECIPE TO REINSTATE O M N r r`3 TO THE PROTHONOTARY: zjj co Kindly reinstate the complaint on the above captioned matter. DATE: February 19, 2010 PURCELL, KRUG, & HALLER Leon P. ler 1719 rth Front Street H sburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 $10 00 p o ATI-'4 CK-'?' f'SSa.(o`? X3'7851 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILE ID- r ` ?- T T!-Ir '{)Tr Ry Shefiff Jody S Smith x LQf Q dAR E ?'' iC t J Chief Deputy Edward L Schorpp CUrJ ,jtir Solicitor US Bank National Association Case Number vs. 2010-714 Michael V. Lehman SHERIFF'S RETURN OF SERVICE 02/22/2010 Ronny R. Anderson, 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 V. Lehman, but was unable to locate him in ME bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 03/02/2010 York County Return: And now March 3, 2010 at 1709 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael V. Lehman by making known unto himself personally, at 154 Meadowbrook Court, New Cumberland, PA 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 March 15, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ci GcunfySWP Shemff, 7eleosoft . Inc. U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MICHAEL V. LEHMAN, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2010-714 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on ~.~e ~ ~ ~) ~ , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts aze attached. Service addresses aze as follows: MICHAEL V. LEHMAN 154 MEADOWBROOK COURT NEW CUMBERLAND, PA 17070 MICHAEL V. LEHMAN 1607 HOLTZ ROAD ENOLA, PA 17025 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TF,,BIANT/OCCUPANT 1607 HOLTZ ROAD ENOLA, PA 17025 ~ Household Realty Corporation 25 Gateway Drive Gateway Squaze -Suite 107 Mechanicsburg, PA 17055 .~` cap ~' ~ c~ -v r~ cn~r ~' .-- ~ ~. ` -ts c ~ ~- _ :. ~ ,a r By PURCELL, K G & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LA W OFFICES ~~ 4 f~~, // _- 1719 NORTH FRONT STREET HOWARD B. KRUG HARRISBURG, PENNSYLVANIA 17102-2392 HERSHEY LEON P. HALLER TELEPHONE (717) 234-4178 JOHN W. PURCELL JR. FAX (717) 234-1206 (717)533-3836 ~ ~ JOSEPH NISSLEY (1910-1982 ) BRiANl TY I,ER JOHN W. PURCELL NICHOLE M. STACEY O'GORMAN VALERIE A. GUNNOF COUNSEL MICHAEL V. LEHMAN 154 MEADOWBROOK COURT NEW CUMBERLAND, PA 17070 MICHAEL V. LEHMAN 1607 HOLTZ ROAD ENOLA, PA 17025 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Cazlisle, PA 17013 TENANT/OCCUPANT 1607 HOLTZ ROAD ENOLA, PA 17025 Household Realty Corporation 25 Gateway Drive Gateway Square -Suite 107 Mechanicsburg, PA 17055 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale. By: Leon P. Haller PA I.D.15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MICHAEL V. LEHMAN, DEFENDANT(S) M THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2010-714 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 08, 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: 1607 HOLTZ ROAD 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. 2010-714 JUDGMENT AMOUNT $102,951.71 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MICHAEL V. LEHMAN A SCHEDULE OF pISTRIBUTION, 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 piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a pipe in the line of lands now or formerly of Walter L. Shelly and at a corner of lands now or formerly of Raymond Smeltzer and Margaret Smeltzer; thence along lands now or formerly of Walter L. Shelly, South 61 degrees 44 minutes West, 155.78 feet to a stake; thence North 24 degrees 38 minutes West, 17.85 feet to a stake on the south side of a public road known as Township Route No. 660; thence along and through said public road, North 40 degrees 30 minutes East, 154.22 feet to a point on the south side of said public road; thence along lands now or formerly of Raymond Smeltzer, Margaret Smeltzer, and Walter L. Shelly, South 36 degrees 39 minutes East, 74.55 feet to the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 1607 Holtz Road, Enola, Pennsylvania 17025. BEING THE SAME PREMISES WHICH Jason A. Smith by deed dated 6/18/04 and recorded 6/23/04 in Cumberland County Record Book 263 Page 3452, granted and conveyed unto Michael V. Lehman. TAX PARCEL: 09-11-3010-009 Oil and Gas Exception: Oil and gas and minerals and all rights incident to the extraction or development of oil and gas or minerals heretofore conveyed, leased, excepted or reserved by instruments of record. 73tiO 3'!01 1848 7275 '13fl7 ~' MICHAEL V. LEHMAN 1607 HOLTZ ROAD ENOLA, PA 17025 SENDER:pHFA/LEHMAN REFERENCE~.iOS 09/08/10 71i~fl 3101 1848 7275 '211 ~' MICHAEL V. LEHMAN 154 MEADOWBROOK COURT NEW CUMBERLAND, PA 17070 ~1DER:pHFA/LEHMAN ~ERENCEfdOS 09/08/10 RETURN Postage ~ i~TURN Postage SERVICE Certified Fee ~ E Certified Fee Return Receipt Fes ; Return Receipt Fee Restricted pelivery Restricted Delivery Total Post~ye & Fees Total Postage 8 Fees ~ '~ US Postal Service• rte" POSTMARf~E i US Postal Service ~ , ` POSTM/~ ~I9 ~AE~ Receipt for Receipt for 1 ' } ~, . ~ ~, ;, Certified Mail ~t,. ~ ~ " Certified Mail ~ No InaKenp G~.rg. PrwM.d `~i f ' No h~.,ce Cov.rsgs Pnwided _ ~ + Do Not tt» for kiNrnalional MaA ; >. (/sPS 1 ,,_ ~ _ .~ i t)o Ptot Uw for MkernatiCptel MMriI ~~ ,(.; A- PENNSYLVANIA HOUSING FINANCE AGENCY v. MICHAEL V. LEHMAN Cumberland County Sale 9/8/2010 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: MICHAEL V. LEHMAN 154 MEADOWBROOK COURT NEW CUMBERLAND, PA 17070 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: MICHAEL V. LEHMAN 1607 HOLTZ ROAD ENOLA, PA 17025 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: .-~~~~C ~~ DOMESTIC RELATIONS ~.~ ~_ Cumberland County Courthouse - `''~ 13 North Hanover Street ~'~r:` ~ ,, Carlisle, PA 17013 ~•~ ~i~ ~ ~ ~~~/~ ~- ,, . P~~~C ~~~ o ~--~~~® +1. ~.,,...,® ® pEHEY ~5 r 02 1M ~ ~~•~~~ ~` 0004284324 JUN07 2010 MAILED FROM ZIP CODE 1 i 10 2 PENNSYLVANIA HOUSING FINANCE AGENCY v. MICHAEL V. LEHMAN Cumberland County Sale 9/8/2010 U. S. POSTAL SERVICE CERTIFICATE OF MAILING LIn compliance with Postal Service Form 38771 Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TENANT/OCCUPANT 1607 HOLTZ ROAD ENOLA, PA 17025 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Household Realty Corporation 25 Gateway Drive Gateway Square -Suite 107 Mechanicsburg, PA 17055 4~ ~. I '', ~ -(~~~r X10 s e ~-~,...,...~ ® PITNEY ROVMES 0 2 iM ~ 02.30° 0004284324 JUN07 2010 MAILED FROM ZIP CODE 1 710 2 ,, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor US Bank National Association vs. Case Number Michael V. Lehman 2010-714 SHERIFF'S RETURN OF SERVICE 06/10/2010 Ronny R. Anderson 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 V. Lehman, but was unable to locate him in his bailiwick.. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 06/26/2010 01:51 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 1349 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael V. Lehman, located at, 1607 Hotltz Road, Enola, Cumberland County, Pennsylvania according to law. 07/27/2010 York County Return and now the, 2nd day of July 2010, served the within Real Estate Writ, Notice of Sale and Description upon Michael V. Lehman, the defendant, by making known unto Diane Lehman, Spouse, at 154 Meadowbrook Court, New Cumberland, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: Jacob Nelson, Depuy Sheriff of York County, Pennsylvania. 091091201,0 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 9/8/10 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 U.S. Bank National Association Trustee for the Pennsylvania Housing Finance Agency, of, 211 Nort Front Street, Harrisburg, PA 17101, being the buyer in thus execution, paid to Sheriff Ronny R. Anderson, the sum of $ SHERIFF COST: $827.16 November 08, 2010 SO ANSWERS, R®N R ANDERSON, SHERIFF q?.00 Fd P c Coo' %Su>te Shea , Te eos?)°i It?;. 4-4 i ?7 ? 5?'7s ?i U.S. BANK NATIONAL, ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. MICHAEL V. LEHMAN, DEFENDANT(S) NO. 2010-714 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 1607 HOLTZ ROAD ENOLA, PA 17025: 1. Name and address of the Owner(s) or Reputed Owner(s): MICHAEL V. LEHMAN 154 MEADOWBROOK COURT NEW CUMBERLAND, PA 17070 MICHAEL V. LEHMAN 1607 HOLTZ ROAD 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 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Household Realty Corporation 25 Gateway Drive Gateway Square --Suite 107 Mechanicsburg, PA 17055 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 1607 HOLTZ ROAD ENOLA, PA 17025 (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 P'A C.S. Section 4904 relating to unsworn falsification to authorities Leon P. Haller PA I.D. 415700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: May 25, 2010 W U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF Vs. MICHAEL V. LEHMAN, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2010-714 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 08, 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: 1607 HOLTZ ROAD 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. 2010-714 JUDGMENT AMOUNT $102,951.71 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MICHAEL V. LEHMA 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 piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a pipe in the line of lands now or formerly of Walter L. Shelly and at a corner of lands now or formerly of Raymond Smeltzer and Margaret Smeltzer; thence along lands now or formerly of Walter L. Shelly, South 61 degrees 44 minutes West, 155.78 feet to a stake; thence North 24 degrees 38 minutes West, 17.85 feet to a stake on the south side of a public road known as Township Route No. 660; thence along and through said public road, North 40 degrees 30 minutes East, 154.22 feet to a point on the south side of said public road; thence along lands now or formerly of Raymond Smeltzer, Margaret Smeltzer, and Walter L. Shelly, South 36 degrees 39 minutes East, 74.55 feet to the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 1607 Holtz Road, Enola, Pennsylvania 17025. BEING THE SAME PREMISES WHICH Jason A. Smith by deed dated 6/18/04 and recorded 6/23/04 in Cumberland County Record Book 263 Page 3452, granted and conveyed unto Michael V. Lehman. TAX PARCEL: 09-11-3010-009 Oil and Gas Exception: Oil and gas and minerals and all rights incident to the extraction or development of oil and gas or minerals heretofore conveyed, leased, excepted or reserved by instruments of record. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTII'OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-714 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff (s) From MICHAEL V. LEHMAN (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 gariishee`and is enjoined as above stated. Amount Due$102,951.71 L.L.$.50 Interest $2,910.30 - PER DIEM OF $13.35 TO SALE DATE 9/8/2010 Atty's. Comm % Due Prothy $2.00 Atty Paid 260.50 Other CostsLATE CHARGES - $135.30 $22.55 PER MONTH TO SALE DATE 9/8/2010 ESCROW DEFEICIT - $_J® 904• 53 Plaintiff Paid Date`. May 28, 2010 Dav Buell, Protho otary (Seal) By: Deputy REQUESTING 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 June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Kliown and numbered as, 1607 Foltz Road, Eriola, more fully described on Exhibit "A" filedwvith this writ and by this reference incorporated herein: Date: June 14, 2010 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Apt No. 587, approved May 16, 1929), P. L.1784 COMMON'"TALTH OF PENNSYLVANIA sse 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, 19!52, 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: July 16, July 23, and July 30, 2010 Affiaat 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. Li a Marie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 30 day of Ju1y, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Writ No, 2010-714 Civil US Bark National Association as Tru€tee ler JP Morgan 2005-S1 v.. Michael V. Lehman Attv;; Leon. P. Haller ALLTV.A CERTAIN piece or par- eel of land situate in East Pennsboro Township, Cumberland County; Pennsvl;ania, more particularly; bounded a_no described as fol-lows, to wit: BEG-NNIi1G at a pipe in the lint of lands. now or formeriv, of Waiter L. Shell- and at a corner o :ands now or formcriy of Rayn,-ond Smeltzer - and Margaret Smeltzer; thence along lands rox or ;:orr'er of Walter L. Shelly; Seuth 61 degrees 44 min- utes West, 1.5578 feet_ to a sta:2e; tierce North 2.4 degrees 38 nrn;ates West, 17.85 feet to a stake on the L:`c read xr ov,:i - south side of a pnb ' as Tov;nship Route No. 660: thence alone and through said public road, North 40 degrees 30 minutes East, 154.22 fee* to a point on the south side of said public road; thence along lands now or formerly of Raymond Smeltzer, ivlargaret Smeltzer, and Walter L Shel',y; South 36 degrees 39 minutes East, ?'4.55 feet co the place of BECIJNNING. HAVING THEREON ERECTED a dwell ing house l mown anal numbered as 1.607 Holtz Road, Enola, Pernnsyi- vania 17025. BEINC- THE SAME PREMISES WHICH Jason. P-.. Smith by deed dated 6/18/0' and recorded 6,23/04 in Cunberl_.d Coi.,ntp Record Book 263 Paac .1452, granted and con- veved L:nto Michael V. Lehma7. TAY PARCEL' 04-.i.1-3910-009. : - the Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the ; ??a?r? of-dews Nomi you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of. Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-New., and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the Cit,,", County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and Septer -,ber' 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 allegatior s 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 embowered to N!erify 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: 07/09/10 07/16/10 07/23/10 Sworn to and s n d before met 's 05 August, 2010 A. D. Notary Public l _?C?}_?. I4 i p?l?ddNSYLi,4IVIA 1 Lfter Paxton sner, OtarMbfic A7y Commission EvI ®auphlrJ County 2N?ress NOV. 25, 2011 4 iJt,f. Of Nolaririees Writ No. 2010-714 Civil Term US Bank National /Association as Trustee for JP Morgan 2005- S1 Vs Michael V. Lehman Atty: Leon P. Haller 1,L THAT CERTAIN piece or parcel of land :ate ill Fast PennsboroToNnship, Cumberland unty, PemisyNama, more particularly bounded od described as follows. to wit: I GLNNING at a pipe in the line N lands now ormerty of Walter L. Shelly and at a corner ands now or formerly of Raymond Smehzer a d Marga et Smeltzer: theme along lands now i Iarmerly ofWalterL. Shelly, South 61 deerees ninates West._ 155.78 feet to a stake: thence ath 24 degrees 3$ minutes WesI,17.85 feet io ?ike on the south side of a public road known l ownship, Route No. 660, thence along and i ugh said public road. North 40 degrees 30 uutes East, 154.22 feet to a point on the outh of said public road: thence along lands now ormerN of Raymond Smeltzer, Mamarel i dyer, andWatter L.Shetly, South 36 degrees minutes East, 74.55 feet io the place of s I:IGINNING. w I I. \VING THEREON ERECTED a dwellim, ? Anown and numbered as 1607 Holt/Road, i I, la, Pennsylvania 17025. s VG THE SAME PREI USES WHICH Jason A, Smith by deed dated 6118/04 and recorded 6/23/04 in Cumberland County Record Book 63 Page 3452. granted and conveyed unto Michael V. Lehman. TAX PARCEL: 09-11-3010-()9 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 Pennsylvania Housing Fin Agency, Tr is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 28th day of May, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 714, at the suit of Pennsylvania Housing Fin A.gency, Tr against Michael V Lehman is duly recorded as Instrument Number 201032593. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this - _day of A.D. AO ,n RmrftdD9eds, Cou*,Caffv*, Recor r of Deeds My Commission E*Ims the Fast Monday of Jan. 2014