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Home My WebLink About04-4387FEDERMAN AND PHELAN, LLP By: FRANK FEDL'RMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 THE PROVIDENTC BANK, COURT OF COMMON PLEAS F/K/A PROVIDENT SAVINGS BANK 830 BERGEN AVENUE CNII. DNISION P.O. BOX 17, NJ 07302 JERSEY CITY, N:f 07012 TERM Plaintiff f ~ ~7~' NO.O~{ - N,~7 ~la~C, /ER.?'v v. CUMBERLAND COUNTY SCOTT A. LEHMAN DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 Defendant(s) CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIl2ING A LAWYER. IF YOU CANNOT AFFORD TO HIlZE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WTI'H INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 98534 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO 50 IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 98534 Plaintiff is THE PROVIDENT BANK, F/K/A PROVIDENT SAVINGS BANK 830 BERGEN AVENUE P.O. BOX 17, NJ 07302 JERSEY CITY, NJ 07012 2. The name(s) and last known address(es) of the Defendant(s) are: SCOTT A. LEHMAN DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/20/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 7249, Page 421. By Assignment of Mortgage recorded 9/27/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 504, Page 1046. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 98534 6. The following amounts are due on the mortgage: Principal Balance $74,709.23 Interest 2,878.60 04/01/2004 through 08/26/2004 (Per Diem $19.45) Attorney's Fees 1,250.00 Cumulative Late Chazges 328.70 01/20/1995 to 08/26/2004 Cost of Suit and Title Seazch 550.00 Subtotal $ 79,716.53 Escrow Credit - 813.69 Deficit 0.00 Subtotal $- 813.69 TOTAL $ 78,902.84 The attorney's fees set forth above aze in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attomey's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 78,902.84, together with interest from 08/26/2004 at the rate of $19.45 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMA~~N,D.~PsHoEL~A' N, L P By: /s/Ffancis S. Hallman FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 98534 ALL THAT CE2TAlN trnct of /und wiUi d~c iurproveorents thereon erected situate irr Lower Merlin TUwrtslrip, Ciaaberltind Catutry, Pennsylvanitr, Lorurdrd oral dvscriGrd iu accordance wid: a survey made by 77tourar Alvln Neff, Registered Surveyor. on July 2, 1965, ~ets fol[o+vr: IIGGlNNWG ut art iron pin on the nordrerr Ilse of Prurrsylvania Kouic No. 997 ut ctirner- aflund now orforurerly ofPlurry L- ChesYnur,• rirrnce along sold Iand ao+v ut-frnncrly ojHarry L. Chrstnu[, Nardt 13 degrees 2I ntinures We}c, u distuttce of 433- 24 f¢et !a m1 tron pin-irt,(inc of Land now or formerly of Merle Lehnurn; dunce nloug said Iwrd aow ar jurnrarly rf A1cr4tr Lehman, Narrh o"4 degrees IS nri..rrtrs Enst. `a distance of 2S.2ofcet ra cu, iron pbr,- thence stI/I along said lint of land now orfornrerly of Merle L.elrman, Nor[!c 64 degrees !S rrtiturtes East. a dlstunce of 838 jest to a spike Irr nc~ career !!ne of Tuwriship toad No. -112; drence~ ulrixg dtr. cutler Itn~ afsald Tu+vnshlp fiaad Na. -f12, South !I degrees 30atinrrtrs G<ut, a distunrr uf3JS frtr to a spike in Are corner of land now orf<,r~ncrly ojEd+vurcl B. Ickes: dterrcc r+lorrg siti~inc of laatl naw orfurnrrrfy of Edward U. Irkrs and through Penrrsylvarria Rarer No. 997, Sotrdr 61 degrees IS minutes West, a distance of 849.30 feet to a paint in Peanrylvania Route No. 997,- t/rence Notylt 18 degrees 3Z minutes West, a disuarce aj 13.90fcer ro mr Iron pin an t/re northern litre of Peartsylvarria ltoutc Na- 997,• tluncc alang the norThcrrt lint ofsnid Penns7dvuniu Kaute No. 997, South 63 degrees 28 minutrs West, a rlisarace ajZ7.6Sjrct m rut iron pia, dre place of BEGINNING CONTAIN/NC 7.402 acrrs antt hnviag thercaa erected a one and one-/tnlf story, ukuniaum sidlrtg d+velliag lraw•c- RF_ING thr..crmrc prenrsec which Rnhcr7 1. Gilaararr, !r. and Marcia A. Calaman, hasGarrd and +vif~, !r)' d«!r rlccr! rlntr'd Srptenrhrr I, /98R ntrd recorded in Ctanbcrlnnd County Decd Book 'N", Vohanc 33, Page 1194, granted and cunvcyr-d utuo Lorrua (i. Mnrlin, 1,+ratunr I+crein- PREMISES BEING: 35 ROBBURY ROAD VERIFICATION FRANCIS S. HALLINAN, ESQUII2E hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ~~~ ~ ~~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: O/2~/~L~ ~. ~ W ,~ _', i_. -(~. ~~ -~ ~~ c~ c~ 0 r~ m ~: ~ r'~ r ~~ T{ ''c`-, ;:_~~„ SHERIFF'S RETURN - REGULAR CASE NO: 2004-04387 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDENT BANK THE VS LEHMAN SCOTT A ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEHMAN SCOTT A the DEFENDANT at 1621:00 HOURS, on the 1st day of September, 2004 at 35 ROXBURY ROAD NEWVILLE, PA 17241 SCOTT A LEHMAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.36 Affidavit .00 Surcharge 10.00 .00 38.36 Sworn and Subscribed to before me this 7 ~ day of ~.(h9~/ A.D. Q. ~:e~. , Prothonotary So Answers: R. Thomas Kline 09/02/2004 FEDERMAN & PHELAN By : ~ ii!%%~~ , Deputy Sheriff/y'Y l/ SHERIFF'S RETURN - REGULAR CASE NO: 2004-04387 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDENT BANK THE VS LEHMAN SCOTT A ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEHMAN DENISE D the DEFENDANT at 1621:00 HOURS, on the 1st day of September, 2004 at 35 ROXBURY ROAD NEWVILLE, PA 17241 by handing to SCOTT A LEHMAN, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 7 `~ day of < ~ 'Prothono~ta~ ~' So Answers: R. Thomas Kline 09/02/2004 FEDERMAN & PHELAN Deputy Sheriff PHELAN'HALLINAN & SCHMIEG, LLP Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 (215)563-7000 THE PROVIDENT BANK, F/K/A PROVIDENT SAVINGS BANK Plaintiff Vs. SCOTT A. LEHMAN DENISE D. LEHMAN Defendant(s) No. 04-4387-CNII, STIA(:FSTTnN nF RFCnRD (HAl\~i RFc PARAC:RAPH #i nF THE CnMPT,ATNT TN MORTT~ACF. Ff1RFrT,nSTiRF FRANK FEDERMAN, ESQUIItE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the information in paragraph #3 of the Complaint in Mortgage Foreclosure is: On 01/20/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST IJNITED MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1249, Page 421. By Assignment of Mortgage recorded 09/27/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 504, page 1046. Kindly change the information on the docket. Date: January 14, 2005 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY _~~ ~ >~~' Lawrence T. Phelan, Esq. :Francis S. Hallinan, Esq. 1Daniel G. Schmieg, Esq. Attorneys for Plaintiff ,.., ~_y ,z ,_~ ~_.. '-,~ '.}~x ~,ii,~ i (''; -r~ ~. _~' ','~. *.:: r.`> ~.~i ~, 7 PHELAN HALLINAN £~ SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 161% JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff THE PROVIDENT BANK, F/IC/A PROVIDENT SAVINGS BANK Plaintiff Court of Common Pleas CUMBERLAND County vs. No. 04-4387 SCOTT A. LEHMAN DENISE D. LEHMAN Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PRETUDICE AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff a "" Y~ ~'" ~ ' G > . ~ G ~7:,,, l~L~ ~ =G-s~ ~ ~ ~~ 14/ 'F y/L ifs si (~ c s ~ cr'~