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Home My WebLink About11-8469Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetai R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 268178 AURORA LOAN SERVICES, LLC. 2617 COLLEGE PARK SCOTTSBLUFF, NE 69361-2294 Plaintiff V. DENNIS J. LEHMAN MELANIE A. LEHMAN A/K/A MELANIE A. AMADURE 231 PINE GROVE ROAD GARDNERS, PA 17324-8946 Defendants T)j >r,,?, t emu' Ctrllf :rI rLV, Ii?IA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File 4: 268178 CS) 61. C6 10 C ?,.?+ 118' 3°r g ?? ab7i sy NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 268178 1. Plaintiff is AURORA LOAN SERVICES, LLC. 2617 COLLEGE PARK SCOTTSBLUFF, NE 69361-2294 2. The name(s) and last known address(es) of the Defendant(s) are: DENNIS J. LEHMAN MELANIE A. LEHMAN A/K/A MELANIE A. AMADURE 231 PINE GROVE ROAD GARDNERS, PA 17324-8946 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/30/2003 DENNIS J. LEHMAN and MELANIE A. LEHMAN made, executed and delivered a mortgage upon the premises hereinafter described to CONSUMER MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1816, Page 4769. By Assignment of Mortgage recorded 05/03/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201112903. Said Mortgage was modified as set forth in the modification agreement dated 03/23/2006 and recorded 04/17/2006 in the Mortgage Book: 726, Page: 1318. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 268178 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2009 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. The following amounts are due on the mortgage as of 03/17/2011: Principal Balance $80,361.92 Interest $10,855.70 09/01/2009 through 03/17/2011 Late Charges $637.07 Escrow Deficit $2,053.66 Subtotal $93,908.35 Suspense Credit 70.86 TOTAL $93,837.49 7 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 268178 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $93,837.49, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ho , 1rney or airiti File #: 268178 LEGAL DESCRIPTION ALL that certain lot of ground situate at Toland in the Township of Dickinson aforesaid, being designated on a 'Plan of Lots at Toland' entered for record in the Office for Recording of Deeds in Plan Book 3, Page 68, which lot herein conveyed is designated on said Plan, together with the use of the common land between two lots and the public road, and the use of the well and pump on the common land along the other lot owners. BEING the same premises which Ethel Windomaker and Arthur Rhoads, III, by their deed dated August 3, 1992 and recorded August 4, 1992 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book'U', Volume 35, Page 989, granted and conveyed unto Charles B. Windomaker and Ethel Windomaker, his wife. PROPERTY ADDRESS: 231 PINE GROVE ROAD, GARDNERS, PA 17324-8946 PARCEL # 08-38-2172-012 File #: 268178 VERIFICATION Foreclosure Melissa Cloud , hereby states that he/she is a Processor, III of, AURORA BANK FSB , Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. DATE: () 1 4e:a Melissa Cloud Title: Foreclosure Processor, III AURORA LOAN SERVICES, LLC., by AURORA BANK FSB, its servicer. File #: 268178 Name: LEHMAN File k 268178 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i,oy,jr at e? I .E''-DFF11-E p'01TH 0 i A 10 P4. Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF:= 3ER;!A;4 D CDUNTY Aurora Loan Services, LLC Case Number vs. Dennis J. Lehman (et al.) 2011-8469 SHERIFF'S RETURN OF SERVICE 11/14/2011 05:35 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 14, 2011 at 1735 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Dennis J. Lehman, by making known unto himself personally, at 231 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. /? v DE?FRY, DEA 11/15/2011 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: Dennis J. 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 Dennis J. Lehman. Request for service at 148 Spring Road, Carlisle, Pennsylvania 17013 the Defendant was not found. Dennis J. Lehman currently resides at 231 Pine Grove Road, Carlisle, Pennsylvania 17013. 11/18/2011 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: Melanie A. Lehman, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Melanie A. Lehman. Request for service at 231 Pine Grove Road, Mechanicsburg, Pennsylvania 17324 the Defendant was not found. However, The Gardners Postmaster advised, Melanie A. Lehman's mail is still being delivered to this address. 11/22/2011 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: Melanie A. Lehman, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Melanie A. Lehman. Request for service at 148 Spring Road, Carlisle, Pennsylvania 17013 the Defendant was not found. Current tenants at this address advised Deputies, Melanie A. Lehman does not reside at this address. The Carlisle Postmaster has confirmed, Melanie A. Lehman is not known at this address. SHERIFF COST: $108.00 January 04, 2012 SO ANSWERS, x - z I/'- ?, ? ? RON R ANDERSON, SHERIFF -Ou ?ySUito Shel tf, Ie:eo,:ft ii':