Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
12-0605
Darrell C. Dethlefs, Esquire _ r + L ? ' Il i'? ID #58805 Dethlefs-Pykosh Law Group, LLC 012 JAN 31 PM 4* 00 7 2132 Market Street , Camp Hill, Pennsylvania 17011 9446 717 975 l h 1?UMBERLANU t,U } ) - one - ( Te ep 2 09 1 PENNSYLVANIA Fax-(717) 975- 3 DDethlefs(d?aolxom Attorney for Plaintiff MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. CIVIL ACTION - LAW KETHA M. LEHMAN, and No.: p98(a.. (PO S oivt-( ROBERT S. LEHMAN, . Defendants 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 an attorney and filling 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 V gm,011oL18a Darrell C. Dethlefs, Esquire ID #58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 DDethlefsawl.com Attorney for Plaintiff MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. CIVIL ACTION - LAW KETHA M. LEHMAN, and No.: ROBERT S. LEHMAN, Defendants MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE AND NOW comes the Plaintiff, Mid Penn Bank, by and through its attorneys, the Dethlefs-Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire who files this Complaint for Breach of Contract and Foreclosure (the "Complaint") against Defendants, Ketha M. Lehman and Robert S. Lehman, and hereby alleges as follows:. 1. Plaintiff is Mid Penn Bank, a Pennsylvania financial institution existing under the laws of the Commonwealth of Pennsylvania, with its principal office located at 349 Union Street, Millersburg, Dauphin County, Pennsylvania. 2. Defendant, Ketha M. Lehman, is an adult individual currently residing at 556 Gutshall Road, Boiling Springs, Cumberland County, PA. 3. Defendant, Robert S. Lehman, is an adult individual currently residing at 907 Patton Drive, Carlisle, Cumberland County, PA. 4. The parcel of real property which is the subject of this action (the "Subject Property") is 556 Gutshall Road, Boiling Springs, Cumberland County, PA. 5. This Court has subject matter jurisdiction over this cause of action. 6. This Court has personal jurisdiction over the Defendants in this matter pursuant to 42 Pa.C.S.A. §§ 5301, 5322(a)(1)(v), and/or 5322(a)(5). 7. Preferred venue properly lies with this Court pursuant to Pa.R.C.P. § 1142. 8. This is an action seeking foreclosure upon a mortgage on certain real estate. 9. Pursuant to that certain Promissory Note with an effective date of March 20, 2009 (as it may have been amended, restated, replaced, supplemented or otherwise modified from time to time, the "Note"), Plaintiff, Mid Penn Bank, agreed to extend credit to Ketha M. Lehman and Robert S. Lehman in the original principal sum of one hundred and eighty two thousand, eight hundred dollars ($182,800.00) plus interest (the "Loan"). (A true and correct copy of the March 20. 2009 Promissory note is attached hereto, made part hereof and marked as Exhibit "A"). 10. To secure repayment of the Loan, as evidenced by the Note, Defendants, Ketha M. Lehman and Robert S. Lehman, as mortgagors, executed that certain Mortgage, with an effective date of March 20, 2009 (as it may have been amended, restated, replaced, supplemented or otherwise modified from time to time, the "Mortgage") in favor of and to Plaintiff, Mid Penn Bank, as mortgagee. (Said Mortgage is a public record accessible in the Recorder of Deeds office in and for Cumberland County, Pennsylvania, instrument Number 200908729, recorded March 24, 2009, and is attached hereto as Exhibit "B") 11. Plaintiff, Mid Penn Bank, is the owner and rightful holder of all right, title, and interest in the Note and Mortgage, (together with all documents, instruments, and agreements delivered in connection with the foregoing and all substitutions therefore and extensions, renewals, replacements, supplements, modifications and amendments thereof, collectively, the "Loan Documents"). 12. Defendants, Ketha M. Lehman and Robert S. Lehman, have defaulted under the Loan Documents by, inter alia, failing to timely make all payments due thereunder. 13. The Mortgage provides for payment and collection of all costs and expenses to protect Plaintiff, Mid Penn Bank's, interests in the Property or to collect the Indebtedness. 14. As a result of Defendants, Ketha M. Lehman and Robert S. Lehman's, default, Plaintiff, Mid Penn Bank, has accelerated and declared, and does hereby accelerate and declare any and all amounts due under the Loan Documents to be immediately due and payable. 15. The following amounts are due on the said Mortgage as of January 24, 2012: Principal of debt due $178,740.88 Unpaid interest $10,939.50 Title Report $75.00 Court Costs (anticipated, excluding Sheriffs Sale costs) $203.75 Escrow overdraft / (Balance) $0.00 Late Charges (Monthly late charge of $41.88 should be added in accordance with the terms of the note after 01 / 19/12 $675.24 MIP/PMI $0.00 Recoverable balance $190,634.37 Attorneys Fees (anticipated and actual to 5% of principal $9,531.72 TOTAL $ 200,166:09 16. Plaintiff, Mid Penn Bank, has a valid, perfected and enforceable lien against and security interest on the subject properties. 17. Plaintiff, Mid Penn Bank, has performed all conditions required of it under the Loan Documents or has been excused therefrom as a result of the breach(es) by Defendants, Ketha M. Lehman and Robert S. Lehman. 18. The amounts due under the Loan Documents are currently due and owing and have not been paid, which is a default. 19. Defendants, Ketha M. Lehman and Robert S. Lehman, has failed to pay the amounts due and owing under the terms of the Note, which is a default. 20. Defendants, Ketha M. Lehman and Robert S. Lehman, has failed to pay the amounts due and owing under the terms of the Mortgage, which is a default. 21. The amount Defendants, Ketha M. Lehman and Robert S. Lehman, currently owes to Plaintiff, Mid Penn Bank, is not less than the Indebtedness. 22. Defendants, Ketha M. Lehman and Robert S. Lehman, has failed to pay the Indebtedness, which is a default. 23. Plaintiff, Mid Penn Bank, has performed all conditions required of it under the Loan Documents or has been excused therefrom as a result of the breach(es) by Defendants, Ketha M. Lehman and Robert S. Lehman 24. As of the date of this Complaint, and under the Loan Documents, Defendants, Ketha M. Lehman and Robert S. Lehman owed not less than the Indebtedness. 25. The Indebtedness is now due and owing and has not been paid by Defendants, Ketha M. Lehman and Robert S. Lehman. 26. Defendants, Ketha M. Lehman and Robert S. Lehman, failure to pay the Indebtedness constitutes a default pursuant to the Mortgage and under the Loan Documents. 27. As a result of Defendants, Ketha M. Lehman and Robert S. Lehman's, default, Plaintiff, Mid Penn Bank, has incurred and continues to incur expenses under the Loan Documents including, without limitation, attorneys' fees, costs, and expenses, all of which amounts are payable by and secured under the Loan Documents and which Plaintiff, Mid Penn Bank, is entitled to recover under the Loan Documents. 28. Defendants, Ketha M. Lehman and Robert S. Lehman, have failed to make payments for the amounts due and owing under the Loan Documents, which is a default. 29. Plaintiff, Mid Penn Bank, has performed all conditions required of it under the Loan Documents or has been excused therefrom as a result of the breach(es) by Defendants, Ketha M. Lehman and Robert S. Lehman. 30. The combined notice required by the Pennsylvania Homeowner's Emergency Mortgage Assistance program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to the Defendants via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "C, " and made a part hereof, and Defendants have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendants' eligibility. WHEREFORE, Plaintiff, Mid Penn Bank, demands judgment be entered, in rem, against the Defendants herein in the sum of $178,740.88 plus interest, costs and attorney's fees as more fully set forth. in the Complaint, and for foreclosure and sale of the mortgaged premises. Respect y ubmitted, Dethlefs yk sh Law Grou , LLC arrell . Dethlefs, Esquire 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff - ? ? 2 Date: \ MID PENN BANK, Plaintiff, V. KETHA M. LEHMAN, and ROBERT S. LEHMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW No.. MORTGAGE FORECLOSURE VERIFICATION I, Amy M. Custer, AVP, Asset Recovery Manager, Mid Penn Bank hereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my personal knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. ster AVP, Recovery Manager Mid Penn Bank Date y (a 1 J- NOTE ..............03.24:2048................. ..................MUIRIA500 ................. ............... RNNSYI ONIA. (Date] Icityl Istatel 556 GUTSHALL ROAD, BOILING SPRIN (Property Addreee) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $182,800;00,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is .MIDPENN.6ARK,MANIAP.ANO RSTINO........ UIJOEH THE,LRWS.Of,TH6,STATE.4F.?NN$YLVANIA ............................................................................................... .................................................................................................................................................... . 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 ...............6,15.4 %. Interest will be charged beginning on A3:20:2.409...................................,.......... . 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) Periodic Payments I will pay principal and interest by making periodic payments when scheduled: ? I will make ...................... payments of $ .........................................,............. each on the .......... ...................................................... of each ....................................................................... ........... beginning on .................. . . .................................. . IM I will make payments as follows: 35 MONTHLY PAYMENTS OF $1,125.53 BEGINNING 05.01.2009. IM In addition to the payments described above, I will pay a "Balloon Payment" of $ .177.4 7,13 ....................... on 4:911412 .................................. . The Note Holder will deliver or mail to me notice prior to maturity that the Balloon Payment is due. This notice will state the Balloon Payment amount and the date that it is due. (B) Maturity Date and Place of Payments I will make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My periodic payments will be applied as of its scheduled due date and will be applied to interest before Principal. If, on ,.04:41:1411 ................................................................... 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 periodic payments at 349,UNION STREET, MILLERSBURG, PA,17061, .............................................. .................................................................................................... . ................................................. ............................................................................................................................................... ................................................................................................................................. or at a different place if required by the Note Holder. 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 known 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 periodic payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any 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 periodic payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any periodic payment by the end of .15 ........................... calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be ,,,,,,,, 5;000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each periodic payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount EXHIBIT by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid A and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. MULTIPURPOSE FIXED RATE NOTE (MULTISTATE) Banker S"t-, Ire., St. Mud, MN F.. MPFR-MN 2/1812002 W: MPFR-PR /Page 1 of 2 pegeal Kfyt ' ` 1. (E) Payment of Note Holder'I sts and Expenses If the Note Holder has requireo me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(B) on page 1 of this Note or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS 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 is a guarantor, surety or endorser of this Note 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. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I 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 the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. SECURED NOTE 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 03:20:2.08 ........................ 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: Transfer of the Property or a Beneficial Interest in Borrower. 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 as of the date of this Security Instrument. 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. 11. BALLOON PAYMENT DISCLOSURE [Complete the Balloon Payment notice below if this Note provides for a Balloon Payment at Section 3(A) on page 1 of this Note.] THIS LOAN IS PAYABLE IN FULL 4N....APR14.9J,.ZP.IZ ..................................................................... .........................................................................................................ALMARRITY I MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE, WHICH MAY BE A LARGE PAYMENT. LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. I WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT I MAY OWN, OR I WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER I HAVE THIS LOAN WITH, WILLING TO LEND ME THE MONEY. IF I REFINANCE THIS LOAN AT MATURITY, I MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF I OBTAIN REFINANCING FROM THE SAME LENDER. WITNESS THE HAND(S) AND SEAL(S) OF THE U DERSI NE ........ ....................................................... (Seal) Borrower BERT S. LEH MAN ............................................................. (Seal) KET M. LEHMAN -Berreyeer [Sign Original Only] Bankers Systems, Inc., St. Cloud, MN Form MPFB•MN 2/19/2002 (Page 2 of 2 pages) Prepared By: MID PENN BANK 349 UNION ST MILLERSBURG, PA 17061 (717)692.2133 Return To: MID PENN BANK 349 UNION ST MILLERSBURG, PA 17061 (717) 692.2133 Parcel Number: 22.31.2173.015 Premises: 556 GUTSHAIL ROAD, BOILING SPRINGS, PA 17007 [Space Above This Line For Recording Data] MORTGAGE 0008 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated 03.20.2009 together with all Riders to this document. (B) "Borrower" is ROBERT S. LEHMAN AND KETHA M. LEHMAN Borrower is the mortgagor under this Security Instrument. (C) "Lender" is MID PENN BANK PENNSYLVANIA - Single Family - Fannie Maa/Fraddis Mae UNIFORM INSTRUMENT Ck-61PA) loeoel Page 1 of 18 InIs.1s: I' 0411)1.? VMP Mortgage Solutions, Inc. 18801821-7291 EXHIBIT B Form 3039 1/01 ¦1mn Lender is a CORPORATION organized and existing under the laws of THE STATE OF PENNSYLVANIA Lender's address is 349 UNION ST, MILLERSBURG, PA 17061 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated 03.20.2009 The Note states that Borrower owes Lender ONE HUNDRED EIGHTY TWO THOUSAND EIGHT HUNDRED AND N01100 Dollars (U.S. $ 182,800.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 04.01.2012 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." M "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] MULTISTATE FIXED RATE PAYMENT RIDER (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a Condominium association, homeowners association or similar organization. (,T) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (K "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. lMed? KML.. Ck-81PA)1obo81 Pape 2 0 le Form 3039 1101 IN) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY OFBAW"N-e ?A [Type of Recording Jurisdiction] of MONROE TWP. /r/?V[Name of Recording Jurisdiction]: IYW- which currently has the address of 556 GUTSHALL ROAD [Street] BOILING SPRINGS [City], Pennsylvania 17007 [zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." mnw.: N1t(- 44-61PA) moei Pape 3 of 18 Form 3039 1/01 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such,check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by fender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be ® lm ala-j 1V ? IL ?t9-61PA) (o6o8i Page 4 of 18 Form 3039 1101 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied fast to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest InillNs: ? J% \l/ tt-8(PA) (oboe) Pepe 5 of 16 Form 3039 1101 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fuzes, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. Initial.: KmL e-8(PA) mlioal P.o. a of to Form 3039 1101 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. Initldr. /?-?'? \'?ll.. Ct-81PA) iosoei P.o. of 16 Form 3039 1101 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. g. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. at-CPA) 1owsi P.O. 8 of 16 Form 3039 1/01 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refumdable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed, Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. ..I.: '?' KML, t?-GIPA) =Oei P.00 9 of 16 Form 3039 1101 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Leader's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be at-WA) 105081 P.Q. 10 of 16 Form 3039 1/01 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to CV(PA) lower P.ya 11 of 18 Form 3039 1/01 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. 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. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or Iritl.l.: KM L at-B1PAI moel P.p. 12 016 Form 3039 1/01 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. INO.I.: ?? VML tt•81PAk (osoe) P.ya 13 0118 Form 3039 1101 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 1S unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other thbrgs: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result In acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate alter acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in hill of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted tinder Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Initials: /;"? Y,rML t?j -atPA) moel P.ye 14 or 16 Form 3039 1101 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: At, (Seal) J ROBERT S. LEHMAN Borrower • (Seal) KETH M. LEHMAN -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower at-8(PA) moe) Pao. fe.f to Form 3039 1/01 COMMONWEALTH OF PENNSYLVANIA, County ss: On this, the 20TH day of MARCH, 2009 before me, the undersigned officer, personally appeared ROBERT S. LEHMAN; KETHA M. LEHMAN known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: .7+:!NSYLVA1#A ?.. / came Boru.._;; r .; , ... nfy MYCnE?ssiT?. ? .:x.;11 Member, Pa"vaMa Assoclaaon of Notaries Title of Officer COMMONWEALTH OF PENNSYLVANIA Karen S. Noel, NtAary Pubpe 5Mnle, a9nn.Nvanla Assoclatbn Of N Certificate of Residence otarles I, CINDY A DOYLE , do hereby certify that the correct address of the within-named Mortgagee is 349 UNION ST, MILLERSBURG, PA 17061 Witness my hand this 20TH Ct-e1PAI iosoel day of MARCH, 2009 CINDY A DO E, ORTGAGE LOAN U RWRITER Agent of Mortgagee Ini iala: ? V` , ,L Pape 16 of to Form 3039 1101 COMMITMENT FOR TITLE INSURANCE SCHEDULE A (continued) File No. LEHMANB2-09 LEGAL DESCRIPTION Commitment No. 1754 On the Nash by land fomarly of L.D. Gubhali, WK of Esther Gub lt, on the East by Mountain Street; on the South by lands fomady of 'George Donley, leper of Tobert Murphey, and on the West by a sbdeen (18) foot alley. containing pity (50) feet in front on Mountain Street and one hundred sbdy (180) feet in depth, haft thereon erected a one and are hard story frame dwelling house. On the North by lot now or fomtsrly of Charles Kennedy on the South by lot now or formerly of Agt*w Lehnan; on the East by Mountain Strwt~ ! on the West by an Aft; then said lot containing forty (40) feet in front on in street, more or less, and sxtendhtg in depth to said Alley, a distance of hundred and sixty (180) feet. Being known as 858 Gutshall Road, Boiling Springs, PA 17007. BEING THE BANE PREES which Judy M. Be* cand George E. Sock, husband and wife, by deed dated Mardi 18, 2004, and recorded March 19, 2004 in the Ofilos of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Dead Book 282, Page 848, granted and conveyed unto Gloria J. Schedule A - Pate 2 of 2 File #: LEE MAN82.09 - I&M REAL ESTATE SERVICES, LLC ALTA Commitment (6-17-06) - TIRBOP & STO modifications (4-1-07) r-stelwart am 9UWWVtY PAYMENT RIDER THIS PAYMENT RIDER is made this .NTH,,,,,,.,,,,, day of MARCH, 2009 .................. and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned 1"the Borrower") to secure Borrower's Note to ...MID PENN BANK, 349 UNION ST,,,..... MILLERSBURG PA 17061 .......................................................................................................... ("the Lender") of the same date and covering the propperty described in the Security Instrument and located at: 556 GUTSHALL ROAD, BOILING SPRINGS, .A 17007 ................................................................................................................... [Property Address] ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PERIODIC PAYMENTS OF PRINCIPAL AND INTEREST The Note provides for periodic payments of principal and interest as follows: 3. PAYMENTS IA) Periodic Payments I will pay principal and interest by making periodic payments when scheduled: ? 1 will make .......................... payments of $ ........................................................ each on the ............................................................................................................ of each .................................................................................................................. .......................................... beginning on ............................................................. . N I will make payments as follows: 35 MONTHLY PAYMENTS OF $1,125.53 BEGINNING 05.01.2009. CC In addition to the payments described above, I will pay a "Balloon Payment" of g 177;077.23,,,,,,,,,,,,,,,,,, on 04.01.2012 ,,,,,,,.,.....,..........,......... , The Note Holder will deliver or mail to me notice prior to maturity that the Balloon Payment is due. This notice will state the Balloon Payment amount and the date that it is due. (B) Maturity Date and Place of Payments I will make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My periodic payments will be applied to interest before Principal. If, on ,0401.2012 ,..,, 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 periodic payments at ..349 UNION STREET, MILLERSBURG, PA 17061 .................. ................................................................................................................................. . ................................................................................................................................. . ........................••.•••••......................,. or at a different place if required by the Note Holder. MULTIPURPOSE FIXED RATE PAYMENT RIDER (MULTISTATE) Bankers Systems, Inc., St. Cloud, MN Form MPFR-PR 6/15/2004 ref: MPFR-MN (page 1 of 2 pages) -l. ? B. FUNDS FOR TAXES AND INSURANCE Uniform Covenant 3 of the Security Instrument is waived by Lender. BY SIGNING BELOW, Borrower accepts and agrees to f r and c a contained in this Payment Rider. .. (Seal) ROBERT S. EBorrower I(ETH M. LEFIMAN ' ? . ....(Seal) Borrower Bankers Systems, Inc., St. Cloud, MN Form MPFR-PR 6/15/2004 (page 2 of 2 pages) ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200908729 Recorded On 3/24/2009 At 10:23:35 AM * Instrument Type - MORTGAGE Invoice Number - 39836 User ID - AF * Mortgagor - LEHMAN, ROBERT S * Mortgagee - MID PENN BANK * Customer - IRWIN * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $41.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $78.50 * Total Pages - 20 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D DS • - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. m1?i ?? 11111111111111111 Mid Penn Bank 5500 Allentown Boulevard Harrisburg, PA 17112 May 2, 2011 ACT 6/91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached Pales. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to 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 the 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 INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT C Borrowers : Ketha M. Lehman Robert S. Lehman Collateral Address: 556 Gutshall Road Boiling Springs, PA 17007 Loan account number: 9805409 Original lender: Mid Penn Bank Current Lender/Servicer: Mid Penn Bank HOMEOWNER'S 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 HOMEOWNER'S 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 THIRTY-THREE (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 Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling 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 the PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DA IF. OF THIS NOTICE AND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARIL Y 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 FORECLOSUREACTION, BUT IF YOUR APPLICATIONIS EVENTUALLYAPPROVED 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 in relation to your property located at 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007 ("Real Property") is seriously in default because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS. The following months are now past due: March, 2011 $1,125.53 April, 2011 $1,125.53 Late Charges: $ 168.81 Attorney Fees/costs: $ 50.00 Other Charges: $ 0.00 Total Amount Due as of 5/2/2011 $2,469.87 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 $2,469.87 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 money order made payable and sent to: Mid Penn Bank 5500 Allentown Boulevard Harrisburg, PA 17112 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 mortgage 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 attorney's 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 pale 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 Sheriff's Sale as specified in writing by the lender and by performing my 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 Sheriff's Sale of the mortgaged property could be held would be approximately six 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: Name of Lender: Mid Penn Bank Address: 5500 Allentown Boulevard Harrisburg, PA 17112 Phone Number: (717) 939-8143 Fax Number: (717) 920-9599 Contact Person: Michelle Lugo EFFECT OF SHERIFF'S SALE: You should realize that a Sheriff's 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 or _X_may not 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. 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 Adams County Berks County - Continued Adams County Interfaith PA Interfaith Community Housing Authority Programs Inc. (717) 334-1518 (610) 562-2288 American Red Cross - Schuylkill Community Hanover Chapter Action (717) 637-3768 (570) 622-1995 CCCS of Western PA (888) 511-2227 Cumberland County Maranatha CCCS of Western PA (717) 762-3285 (888) 511-2227 Community Action Commission of Capital Opportunity Inc. Region (717) 424-3645 (717) 232-9757 Maranatha Berks County (717) 762-3285 American Credit Counseling PA Interfaith Community Institute Programs Inc. (888) 212-6741 (717) 334-1518 American Financial Counseling Services Inc. PHFA (267) 228-7903 (717) 780-3940 (800) 490-3039 (800) 342-2397 Budget Counseling Center (610) 375-7866 Dauphin County CCCS of Lehigh Valley (610) 821-4011 CCCS of Western PA (800) 837-9815 (888) 511-2227 Community Action Community Action Commission of Capital Committee Region (610) 691-5620 (717) 232-9757 Neighborhood Housing PHFA Services of Reading (717) 780-3940 (610) 372-8433 (800) 342-2397 Franklin County Adams County Interfaith Housing Authority (717) 334-1518 American Red Cross - Hanover Chapter (717)637-3768 CCCS of Western PA (888) 511-2227 Community Action Commission of Capital Region (717) 232-9757 Maranatha (717) 762-3285 Lancaster County American Credit Counseling Institute (888) 212-6741 Base, Inc (717) 392-5467 CCCS of Lehigh Valley (610) 821-4011 (800) 837-9815 CCCS of Western PA (888) 511-2227 Lebanon Coun Schuylkill Community Action (570) 622-1995 Tabor Community Service, Inc (717) 397-5182 (800) 788-5062 (888) 511-2227 York County Adams County Interfaith Housing Authority (717) 334-1518 American Red Cross - Hanover Chapter (717) 637-3768 Base, Inc (717) 392-5467 CCCS of Western PA (888) 511-2227 Housing Alliance of York (717) 854-1541 (800) 788-5062 ¦ Complete Items 1, 2, and 3. Also complete A oa ^ , ? ' ? ') \ hem 4 If Restricted Delhwy is desired. x ¦ Print your name and address on the rev ? Addr4ss so that we can return the card to you. l i eceived by (pr{m te yA nel 141 Owt 9wiver ¦ Attach this card to the back of the mai p eca, f W . or on the front if space permits. 1. Artkde Addressed to: D. M delivery addroea dMerera 1 .? J o ,-Pu . Paha S• 1. hm?L ? 904 Pa y, 3 3. Type CenMed Mall ? Express Mail 0 Rnmered ? Return Raealpt for MorGtsrxw ? Insured man ? C.O.D. 4. PAM&W DaiWely9 (Extra Fes) ? yes 2. Article Number 0 701 0 0 1870 0000 850 5 6224 (irensk.AomaeMcerW -- --- PS Form 3811, February 2004 Domestic Return Rw*lpt 1025esm4d.15e ru ru ° Ln S postage co Cerblled Fee C3 O Return R%r Fee ? (Fstloreemenl Required) ° Reatrkled DslWary Fee ° (Endoreemant RegWred) M1 to ; Total Pottage & Fees C3 0 l M ° Ireef, rtpf. lao.; MP09ox. --------------- ------- AL r.r r. ' ?• tail Postmark Here -:/ O ° N A..? U ° ti1 Pdsrege B y?W'ER !\ ° CartgNd Fee -r2? ° 0 ° Return RecNpt Fes (Emddrae nsM R.gtlre0 Postmark 14A9 ?: ?f 2oll C3 RestrMW Delvery Fee (Endortamem Requlred) . :11. 1(I Total Poatege 6 Fees $ ° Ito- - U hr'nc M1 aPOBwAlo. S'J C5?1 S?? try ?.U(1? Cxy, Savro, ZIPtI ct-S l a6 Cl,} t ... f'7 ? j 1 u?Li 4L? ir? ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attaci this card to the back of the maNpiece, or orfthe front if space permits. 1. Article Addressed to. Lihmal 5 tp Guf Shc ' ' kmcl JI-11, ? 8 e by (Printed Name) ? Dated a ?l Lehn? D. Is delivery address different em 7 es If YES, enter delivery add 3. SO" Type Uktofflied Mal 0 bxptnes Mall 0 Rsplsterod 0 Return Receipt for Momhandler 0 hexed Moo 0 C.O.D. 4. Restricted Delivery? pft fee) 13 Yae 2. Ardds Number 7010 1870 0000 8505 6217 (ftarmw from servks bw PS Forth 3811, February 2004 DomesW Return Receipt 102596-02-W154 r- ti .A -77U7jFj C3 to Postage to CeNeed Fee a 0 _iend ri R tea ) C3 C3 Reslrloted calvary Fee C3 (Endorsement Regelred) r, [ MAY ... 2 2011 sa Total Postage 8 Fees ? r To §RW - fir" '- - G r3 ar Po aorr No. SHERIFF'S OFFICE OF CUMBERLAND COUNTY- Ronny R Anderson Sheriff it?r of atmli?r Jody S Smith Chief Deputy 2C '12 FEB 13 A4 9: 5 Richard W Stewart Solicitor OFFt F -` Su'ERIFF CUMBERLAND COUNTY PENNSYLVANIA Mid Penn Bank Case Number vs. 2012-605 Ketha Marie Lehman (et al.) SHERIFF'S RETURN OF SERVICE 02/06/2012 02:44 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 6, 2012 at 1444 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ketha Marie Lehman, by making known unto herself personally, at 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 02/07/2012 08:27 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 7, 2012 at 2027 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert Scott Lehman, by making known unto himself personally, at 909 Patton Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $56.45 February 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF to) CountySnite Sheriff. Ieie^,soft Inc MID PENN BANK, V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2012-605 CIVIL TERM c., KETHA M. LEHMAN and ROBERT S. LEHMAN, Defendants 3 -n rnrn r" MORTGAGE FORECLOSURE y N 0y w P, C". PRAECIPE TO ENTER APPEARANCE z© -r- qi To the Prothonotary: -0 r +'r a 4" Please enter my appearance on behalf of the Defendant, Ketha M. Lehman, in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT, P.C. /t' /0'A Douglas G.Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: 61y a3 k obi 1j- CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: DARRELL C. DETHLEFS, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 Date: February 23, 2012 IRWIN & McKNIGHT, P.C. Douglas G. iller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Darrell C. Dethlefs, Esquire [r ! ?3?~????}a z ` } ID # 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street ZO 11 HAR 13 AN 11; 4 7 Camp Hill, Pennsylvania 17011 Telephone-(717)975-9446 CUMBERLAND COAT" Fax (717) 975-2309 DDet hlefs(d?aolaol.co .com PENNSY Attorney for Plaintiff LV?N1© MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, COUNTY, PENNSYLVANIA . G?.tyKbe?land V. CIVIL ACTION - LAW KETHA M. LEHMAN and No.: S24682044 ao?a(?os Civil ROBERT S. LEHMAN, . Defendants MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter judgment in favor of the Plaintiff, Mid Penn Bank, and against the Defendant, Robert S. Lehman, for failure to answer or otherwise plead in the above captioned matter within twenty (20) days of the date of service of the Complaint and enter judgment in rem for: Principle Balance: $178,740.88 Interest (through 1-24- 12): $10,939.50 Title Report $75.00 Court Costs $TBD Late Charges: $759.00 Total: $190,514.38 $190,514.38 with interest, accruing at 6.25%, plus the costs of suit. The undersigned certifies that a written Notice of intention to file a Praecipe for Judgment was mailed to the Defendant on March 1, 2012 and copy of said Notice is attached hereto. Dethlefs- yk sh Law Group, LLC Date: By: D r ell C. Dethlefs, Esquire I D# 58805 %\k4, SO pio? C? pa-4 s ?{ 2 7933` ,No l?c?o 'Mo«?J MID PENN BANK, Plaintiff V. KETHA M. LEHMAN ROBERT S. LEHMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 2012-605 CIVIL CIVIL ACTION - LAW MORTGAGE FORECLOSURE TO: Robert S. Lehman 907 Patton Drive Carlisle, Pennsylvania 17013 DATE OF NOTICE: March 1, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 A: Robert S. Lehman 907 Patton Drive Carlisle, Pennsylvania 17013 FECHA DE NOTICIA: March 1, 2012 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) SIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AUYDA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Respectfu Submitted, Date: I 12 Darrell C. Dethlefs, Esquire I . D. # 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Plaintiff 7 UIWTEDSTATES POSTdLSERVlCEu Certificate Of Mailing Tnhis ?edrt,ate of Mailing provides evidence that mail has been presented to USPSS for mailing P 0 Igrm ms; be d fix domestic and Intematiun nail o From: mr, -V I ii ??lv To: D77 3 to 0 Zi-p. ?? Gf -7 0 o?1 D C c??'W, 1-Yr I?G,.l? NL- fin) - a c7 x m PS Form 3817, April 2007 PSN 7530-02-000-9065 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, SE11?f'?EIILL COUNTY, PENNSYLVANIA C`.rnb4c-?,v`d V. CIVIL ACTION - LAW TROY A. KARPER, No.: S-2468 2041 _ o \ Z b OS CJ_ Defendant MORTGAGE FORECLOSURE TO: Robert S. Lehman 907 Patton Drive Carlisle, PA 17013 You are hereby notified that on March 12, 2012, the following Judgment has been entered against you in the above-captioned case. Default in rem Judgment in the amount of $1 514. wit rest, accr at 6.25%, plus the costs of suit. DATE: 3 1 Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Robert S. Lehman, 907 Patton Drive, Carlisle. PA 17013. A: Robert S. Lehman 907 Patton Drive Carlisle, PA 17013 Por este medio se le esta notificando que el March 12, 2012, el/la siguiente Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. Default in rem Judgment in the amount of $190,514.38 with interest, accruing at 6.25%, plus the costs of suit. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Robert S. Lehman, 907 Patton Drive, Carlisle. PA 17013. Abogado del Demand ante Dethlefs-P sh Law Group, LLC Date: By. D&4_1 C. Dethlefs, Esquire (#58805) MID PENN BANK, V. Plaintiff KETHA M. LEHMAN and ROBERT S. LEHMAN, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2012 - 0605 CIVIL TERM cam, "" MORTGAGE FORECLOSURE o ,' NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. IRWIN & McKNIGHT, P.C. 7bk/Av,#- 11X_ Douglas Miller, Es wire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant Ketha M. Lehman Date: March 19, 2012 MID PENN BANK, V. Plaintiff KETHA M. LEHMAN and ROBERT S. LEHMAN, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2012 605 CIVIL TERM MORTGAGE FORECLOSURE ANSWER OF DEFENDANT KETHA M. LEHMAN WITH NEW MATTER TO THE PLAINTIFF'S COMPLAINT AND NOW this 19`h day of March, 2012, comes the Defendant KETHA M. LEHMAN, by and through her attorneys, Irwin & McKnight, P.C., and makes the following Answer with New Matter and Counterclaim to the Complaint filed by Plaintiff, MID PENN BANK, and in support thereof avers as follows: 1. After reasonable investigation, Defendant Ketha M. Lehman is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph one (1) of the Plaintiff's Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. ' 2. The averments of fact contained in paragraph two (2) are admitted. 3. After reasonable investigation, Defendant Ketha M. Lehman is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph three (3) of the Plaintiffs Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. 4. The averments of fact contained in paragraph four (4) are admitted. 5. The averments contained in paragraph five (5) are conclusions of law to which no response is required. 6. The averments contained in paragraph six (6) are conclusions of law to which no response is required. 7. The averments contained in paragraph seven (7) are conclusions of law to which no response is required. 8. The averments contained in paragraph eight (8) are conclusions of law to which no response is required. 9. The Note referenced in paragraph nine (9) and attached as Exhibit "A" to Plaintiff's Complaint speaks for itself and therefore no response is required. To the extent that a response is required, it is admitted that the signatures of both Defendants appear on the copy of the attached document. The remaining averments in paragraph nine (9) are specifically denied and strict proof thereof is demanded at trial. 10. The Mortgage referenced in paragraph ten (10) and attached as Exhibit "B" to Plaintiff's Complaint speaks for itself and therefore no response is required. To the extent that a response is required, it is admitted that the signatures of both Defendants appear on the copy of the attached document. The remaining averments in paragraph ten (10) are specifically denied and strict proof thereof is demanded at trial. 11. The averments contained in paragraph eleven (11) are conclusions of law to which no response is required. To the extent that a response is required, after reasonable investigation, Defendant Ketha M. Lehman is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eleven (11) so they are therefore specifically denied and strict proof thereof is demanded at trial. 12. The averments contained in paragraph twelve (12) are conclusions of law to which no response is required. To the extent that a response is required, it is admitted that not all mortgage payments have been timely made. By way of further answer, however, Defendant Robert S. Lehman was removed from the parties residence following the entry of a Protection From Abuse Order, and is currently behind on paying his support obligations. The remaining 2 averments contained in paragraph twelve (12) are specifically denied and strict proof thereof is demanded at trial. 13. The Mortgage referenced in paragraph thirteen (13) speaks for itself and therefore no response is required. To the extent that a response is required, any discrepancies between Plaintiff's Complaint and the Mortgage are specifically denied and strict proof thereof is demanded at trial. 14. The averments contained in paragraph fourteen (14) are conclusions of law to which no response is required. To the extent that a response is required, after reasonable investigation, Defendant Ketha M. Lehman is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph fourteen (14) so they are therefore specifically denied and strict proof thereof is demanded at trial. 15. The averments contained in paragraph fifteen (15) are conclusions of law to which no response is required. To the extent that a response is required, the attorney fees listed are not actual expenses and are not reasonable, and the remaining averments are also specifically denied and strict proof thereof is demanded at trial. 16. The averments contained in paragraph sixteen (16) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph sixteen (16) are specifically denied and strict proof thereof is demanded at trial. 17. The averments contained in paragraph seventeen (17) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph seventeen (17) are specifically denied and strict proof thereof is demanded at trial. 18. The averments contained in paragraph eighteen (18) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph eighteen (18) are specifically denied and strict proof thereof is demanded at trial. 3 19. The averments contained in paragraph nineteen (19) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph nineteen (19) are specifically denied and strict proof thereof is demanded at trial. 20. The averments contained. in paragraph twenty (20) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph twenty (20) are specifically denied and strict proof thereof is demanded at trial. 21. The averments contained in paragraph twenty-one (21) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph twenty-one (21) are specifically denied and strict proof thereof is demanded at trial. 22. The averments contained in paragraph twenty-two (22) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph twenty-two (22) are specifically denied and strict proof thereof is demanded at trial. 23. The averments contained in paragraph twenty-three (23) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph twenty-three (23) are specifically denied and strict proof thereof is demanded at trial. 24. The averments contained in paragraph twenty-four (24) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph twenty-four (24) are specifically denied and strict proof thereof is demanded at trial. 25. The averments contained in paragraph twenty-five (25) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph twenty-five (25) are specifically denied and strict proof thereof is demanded at trial. 26. The averments contained in paragraph twenty-six (26) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph twenty-six (26) are specifically denied and strict proof thereof is demanded at trial. 4 27. The averments contained in paragraph twenty-seven (27) are conclusions of law to which no response is required. Ta the extent that a response is required, after reasonable investigation, Defendant Ketha M. Lehman is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twenty-seven (27) so they are therefore specifically denied and strict proof thereof is demanded at trial. 28. The averments contained in paragraph twenty-eight (28) are conclusions of law to which no response is required. To the e .tent that a response is required, the averments contained in paragraph twenty-eight (28) are specifically denied and strict proof thereof is demanded at trial. 29. The averments contained in paragraph twenty-nine (29) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph twenty-nine (29) are specifically denied and strict proof thereof is demanded at trial. 30. The notices attached as Exhibit "C" speak for themselves and therefore no response is required. To the extent a response is required, Defendant Ketha M. Lehman did meet with and seek assistance from a designated Consumer Credit Counseling Agency as set forth on the notices attached as Exhibit "C." Defendant Ketha M. Lehman was ultimately told that the funding previously provided by the Commonwealth of Pennsylvania was no longer available, and therefore no further assistance could be provided to her. The remaining averments in paragraph thirty (30) are therefore specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant Ketha M. Lehman respectfully request that this Honorable Court enter a judgment in her favor and against Plaintiff in this matter, or against that Additional Defendant Robert S. Lehman as referenced below in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. 5 NEW MATTER 31. The averments of fact contained in the Answers to the Complaint by Ketha M. Lehman are hereby incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff. 32. Defendants in this matter first listed the subject property for sale with a realtor in or about June 2010. 33. Defendants' realtor subsequently sent notice to Plaintiff of the Defendants' intent to sell the subject property and to payoff the mortgage obligation to Plaintiff. 34. Defendants continue to have the subject property publicly listed for sale with a licensed real estate agent. 35. Defendant Ketha M. Lehman also directly spoke with and had face-to-face meetings with representatives of Plaintiff in order to discuss meeting the monthly mortgage obligations until the subject property was sold. 36. One of the recommendations from an employee or representative of Plaintiff, was that Defendant Ketha M. Lehman should alternate her monthly expense obligations, thereby making payments under the subject Mortgage every other month. 37. The employee or representative of Plaintiff, however, did not explain to Plaintiff that such a plan was in violation of the terms of the loan documents, would result in additional interest and late charges, and ultimately would not delay or prevent foreclosure. 6 38. Defendant Ketha M. Lehman and her licensed real estate agent also provided regular updates to Plaintiff through its representatives concerning the progress on the sale of the subject property. 39. These updates included discussions regarding the advertised list price of the subject property, and multiple requests 6or approval to reduce the advertised list price when no offers were received to purchase the home. 40. Also after receiving the notices of foreclosure from Plaintiff, Defendant Ketha M. Lehman did meet with and seek assistance from a designated Consumer Credit Counseling Agency. 41. Defendant Ketha M. Lehman was ultimately told that the funding previously provided by the Commonwealth of Pennsylvania was no longer available, and therefore no further assistance, could be provided to her. A true and correct copy of the notice sent to Defendant Ketha M. Lehman from the Pennsylvania Housing Finance Agency is attached hereto and incorporated herein as Exhibit "A." 42. Furthermore, by virtue of a Cumberland County Domestic Relations Order entered in the names of the Defendants, Defendant Robert S. Lehman is to pay spousal support in the amount of $412.50 per month to Defendant Ketha M. Lehman as contribution to the monthly mortgage obligation. 43. Defendant Robert S. Lehman is currently in arrears in his spousal support obligations, and has previously been adjudicated in contempt for non-payment. 7 44. As a direct result of the nonpayment of spousal support obligations, Defendant Ketha M. Lehman has been unable to make full payments of the required monthly mortgage obligations. 45. As a direct result of the advice from Plaintiffs employees or representatives to alternate her payment obligations, Defendant Ketha M. Lehman incurred significantly more interest, late charges, and attorney fees, and ultimately Plaintiff now seeks to accelerate the amounts purported to be due from Defendants. 46. As a result of the above, all or some of Plaintiffs claimed damages are attributable to persons and/or causes other than Defendant Ketha M. Lehman. 47. Plaintiff further asserts unsubstantiated attorney fees or court costs not actually incurred. 48. Plaintiffs claims may also be barred and/or limited by Plaintiffs failure to mitigate or to properly mitigate its damages. 49. Plaintiff is estopped from foreclosing on the subject property as its employees and representatives recommended that Defendant Ketha M. Lehman not make every mortgage payment to Plaintiff while the property was awaiting to be sold, and she relied on said representations. 50. On the basis of Plaintiffs advice to Defendant Ketha M. Lehman in this matter, upon which advice she relied, Plaintiff has unclean hands. 51. Plaintiffs Complaint fails to state claims or causes of action upon which relief can be granted. 8 52. Defendants have also listed the subject property for sale, and upon the sale of the property to a third party, Defendants will be able to satisfy the mortgage and legitimate expenses to the Plaintiff in full. WHEREFORE, Defendant Ketha M. Lehman respectfully request that this Honorable Court enter a judgment in her favor and against Plaintiff in this matter, or against that Additional Defendant Robert S. Lehman as referenced below in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. NEW MATTER PURSUANT TO Pa.R.C.P. No. 2252(d) 53. The averments of fact contained in Defendant Ketha M. Lehman's Answers to the Complaint and New Matter above are hereby incorporated by reference and are made part of this New Matter Pursuant to Pa.R.C.P. No. 2252(d) to the Complaint of the Plaintiff. 54. Defendant Ketha M. Lehman asserts this New Matter pursuant to Pa. R. C. P. No. 2252(d) and thereby joins Defendant Robert S. Lehman as an Additional Defendant in this action on the following basis: 55. The actions by Defendant Robert S. Lehman constitute a material breach of his promises and representations to Defendant Ketha M. Lehman and the Domestic Relations Office tasked with determining and monitoring spousal support payments, which breach has caused and continues to cause Defendant Ketha M. Lehman harm, including but not limited to a significant reduction in her credit score and the instant foreclosure litigation. 56. By virtue of the Protection From Abuse Order, Defendant Robert S. Lehman was removed from the subject property. 9 57. Defendant Robert S. Lehman is currently in significant arrears of his monthly spousal support obligations. 58. If Plaintiff establishes that it suffered injuries, damages, and monies due as alleged in its Complaint, which allegations answering Defendant specifically denies, said injuries and damages were caused solely by the negligence, recklessness, misrepresentations, and carelessness of Additional Defendant, Robert S. Lehman, by his acts and omissions as described in the preceding paragraphs. 59. As a result of the aforesaid actions, Additional Defendant, Robert S. Lehman, is solely liable to Plaintiff for any alleged injuries and damages it may have suffered and for any monies due Plaintiff. 60. If as a result of the matters alleged in Plaintiffs Complaint, Defendant Ketha M. Lehman is held liable to Plaintiff for all or part of such injuries or damages as it may have sustained or for any monies due Plaintiff, Additional Defendant is the party primarily liable for such injuries, damages and monies due, and is liable over to Defendant Ketha M. Lehman by way of contribution or indemnification, for all such damages as may be required to pay to Plaintiff. 61. In the alternative, if as a result of the matters alleged in Plaintiff's Complaint, Defendant Ketha M. Lehman is held liable to Plaintiff for all or part of such injuries or damages as it may have sustained or for any monies due Plaintiff, Additional Defendant is jointly and severally liable to Plaintiff based upon the foregoing allegations for such injuries, damages and monies due, and is liable over to Defendant Ketha M. Lehman by way of contribution for all such damages Defendants may be required to pay to Plaintiff. 10 WHEREFORE, Defendant Ketha M. Lehman respectfully requests that this Honorable Court: a. Enter a judgment in her favor and against Additional Defendant, Robert S. Lehman, as solely liable in this matter, if there is any liability to Plaintiff; b. Enter a judgment over and against Additional Defendant, Robert S. Lehman, by way of indemnification or contribution for the amount recovered by Plaintiff against Defendants, together with costs, in the event that a verdict is recovered by Plaintiff; and C. Enter a judgment in her favor and against Additional Defendant, Robert S. Lehman, for damages as alleged above. Respectfully Submitted, IRWIN & McKNIGHT, P.C. By: Douglas filler, squire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant Ketha M. Lehman Dated: March 19,2012 11 VERIFICATION The foregoing document on behalf of the Defendant is based upon information which has been gathered by counsel for the Defendant in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Defendant's verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Defendant according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Doug s G. Miller, Esquire Date: 311a l z EXHIBIT "A" PENNSYLVANIA HOUSING FINANCE AGENCY 211 N. Front Street P.O. Box 15628 Harrisburg, PA 17105-5628 (717) 780-3800 TDD# (717) 780-1869 July 22, 2011 Ketha M. Lehman 556 Gutshall Road Boiling Springs, PA 17007 Re: NOTICE OF TERMINATION Homeowners' Emergency Mortgage Assistance Program Dear Ms. Lehman: As of June 30, 2011, the Homeowners' Emergency Mortgage Assistance Program was suspended (terminated) due to a lack of funding. The Agency has no funds available to provide assistance to qualified homeowners. We have suspended all appeals and cancelled all appeal program activity given that the Agency is unable to provide assistance under the Homeowners' Emergency Mortgage Assistance Program. The original denial of your application to HEMAP is final. We are reviewing all applications for possible funding under the federal Emergency Homeowners' Loan Program ("EHLP"). If you have either been denied or not yet reviewed for possible assistance under the EHLP, the Agency will be reconsidering your application under EHLP. The Agency will contact you upon completion of its review. Additional information is available on www.phfa.org. Sincerely, PENNSYLVANIA HOUSING FINANCE AGENCY Homeowners' Emergency Mortgage Assistance Program Appeals Section CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: DARRELL C. DETHLEFS, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 ROBERT S. LEHMAN 907 PATTON DRIVE CARLISLE, PA 17013 Date: 31-l4l/A IRWIN & McKNIGHT, P.C. lm4t_ ~ Douglas . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 MID PENN BANK, Plaintiff, v. KETHA M. LEHMAN and, ROBERT S. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : No.: 2012-605-CIVIL : MORTGAGE FORECLOSURE Kooert s. Lehman 907 Patton Drive Carlisle, PA 17013 You are hereby notified that on entered against you in the above-captioned case. Default in rem Judgment in the amount of $190,514.38 with interest, accruing at 6.25%, plus the costs of suit. DATE: 3 of I hereby certify that the name and address of the proper person(s) to receive this notice is: Robert S. Lehman 907 Patton Drive Carlisle 17013. v, rv -C N A: Robert S. Lehman c-,' 907 Patton Drive c Carlisle, PA 17013 73 L' ,9 Por este medio se le esta notificando que el March 22, 2012, el/la siguiente Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. Default in rem Judgment in the amount of $190,514.38 with interest, accruing at 6.25%, plus the costs of suit. FECHA: _? _)- oD -CL ?n Alp i ,, c c Co2>2r c 13 March'n 2012, the following Judgment has been Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Robert S. Lehman 907 Patton Drive Carlisle, PA 17013. Abogado del Demand ante Dethlefs-Pyk h Law Group, LLC Date: Z 2-) By: Darre . Dethlefs, Esquire (#58805) :aa ?a. -4 r_:, Darrell C. Dethlefs, Esquire ID # 58805 P l ? AH -9 AH 9 J Dethlefs-Pykosh Law Group, LLC 2132 Market Street C U tl E3 M E R L A R °? D i `" i ? Hill, Pennsylvania 17011 Cam ,. PENNSYLVA IN ?" Telephone - (717) 975-9446 Fax - (717) 975-2309 DDethlefs(-0aol.comddethlefs Attorney for Plaintiff MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. CIVIL ACTION - LAW KETHA M. LEHMAN, and No.: 2012-0605 CIVIL TERM ROBERT S. LEHMAN, . Defendants MORTGAGE FORECLOSURE REPLY,' TO NEW MATTER AND NOW, this 5th day of April, 2012, comes the Plaintiff Mid Penn Bank by its attorneys Darrell C. Dethlefs, Esquire and Dethlefs-Pykosh Law Group, LLC, and replies to the New Matter of Defendant as follows: 31. The averments contained in the Complaint filed by Mid Penn Bank are incorporated herein by reference as if fully set forth. 32. Admitted. 33. Admitted. 34. Admitted. 35. Admitted. 36. Denied as stated. Plaintiff specifically denies the averments in Paragraph 36 that it recommended to Defendant, Ketha M. Lehman, that she should alternate her monthly expense obligations thereby making payments on the subject mortgage every other month. Proof to the contrary is demand at time of trial. 37. Denied as stated. Plaintiff, denies that it advised Defendant, Ketha M. Lehman, to alternate her monthly expense obligations thereby making payments under the subject mortgage every other month and thereby resulting in interest and late charges and, therefore, denies that an employee or representative did not explain that such a plan would violate the terms of the loan documents and would result in additional interest and late charges. Proof to the contrary is demanded at time of trial. 38. Admitted. 39. Admitted. 40. Admitted. 41. Admitted. 42. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 42 of Defendant's New Matter so they are, therefore, specifically denied. Strict proof thereof is demanded at trial. 43. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 43 of Defendant's New Matter so they are, therefore, specifically denied. Strict proof thereof is demanded at trial. 44. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 44 of Defendant's New Matter so they are, therefore, specifically denied. Strict proof thereof is demanded at trial. 45. Denied as stated. Plaintiff denies that its employees and/or representatives advised Defendant to alternate her payment obligations. Plaintiff further denies that Defendant incurred significantly more interest, late charges and attorney's fees due to any advice of Plaintiff. Proof to the contrary is demanded at time of trial. 46. Denied. The averment contained in Paragraph 46 states a conclusion of law to which a response is not required. To the extent that a response is required, the averments contained in Paragraph 46 are specifically denied and strict proof thereo, is demanded at trial. 47. Denied. The averment contained in Paragraph 47 states a conclusion of law to which a response is not required. To the extent that a response is required, the averments contained in Paragraph 47 are specifically denied and strict proof thereof is demanded at trial. 48. Denied. The averment contained in Paragraph 48 states a conclusion of law to which a response is not required. To the extent that a response is required, the averments contained in Paragraph 48 are specifically denied and strict proof thereof is demanded at trial. 49. Denied. The averment contained in Paragraph 49 states a conclusion of law to which a response is not required. To the extent that a response is required, the averments contained in Paragraph 49 are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff denies that its employees and/or representatives advised Defendant to alternate her payment obligations. 50. Denied. The averment contained in Paragraph 50 states a conclusion of law to which a response is not required. To the extent that a response is required, the averments contained in Paragraph 50 are specifically denied and strict proof thereof is demanded at trial. 51. Denied. The averment contained in Paragraph 51 states a conclusion of law to which a response is not required. To the extent that a response is required, the averments contained in Paragraph 51 are specifically denied and strict proof thereof is demanded at trial. 52. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 52 of Defendant's New Matter so they are, therefore, specifically denied. Strict proof thereof is demanded at trial. WHEREFORE, Plaintiff respectfully requests relief sought in its Complaint in Foreclosure. REPLY TO NEW MATTE)i PURSUANT TO Pa.R.C.P. NO. 2252(d) 53. The averments contained in the Complaint filed by Mid Penn Bank and their Reply to New Matter are incorporated herein by reference as if fully set forth. 54. The corresponding paragraph consists of new matter addressed to a party other than answering Plaintiff, therefore, no response is required. 55. The corresponding paragraph consists of new matter addressed to a party other than answering Plaintiff, therefore, no response is required. 56. The corresponding paragraph consists of new matter addressed to a party other than answering Plaintiff, therefore, no response is required. 57. The corresponding paragraph consists of new matter addressed to a party other than answering Plaintiff, therefore, no response is required. 58. The corresponding paragraph consists of new matter addressed to a party other than answering Plaintiff, therefore, no response is required. 59. The corresponding paragraph consists of new matter addressed to a party other than answering Plaintiff, therefore, no response is required. 60. The corresponding paragraph consists of new matter addressed to a party other than answering Plaintiff, therefore, no response is required. 61. The corresponding paragraph consists of new matter addressed to a party other than answering Plaintiff, therefore, no response is required. WHEREFORE, Plaintiff respectfully requests relief sought in its Complaint in Foreclosure. Respectfull submitted, Darre 1 . Dethlefs, Esquire 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff Date: 1-\- ? " 1 2- MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. CIVIL ACTION - LAW KETHA M. LEHMAN, and No.: 2012-0605 CIVIL TERM ROBERT S. LEHMAN, Defendants MORTGAGE FORECLOSURE VgRIFICATION I, Amy Custer, VP, Asset Recovery Manager, Mid Penn Bankhereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my personal knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. my - VP, A&sctAecovery Manager Date` Mid Penn Bank ? MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. CIVIL ACTION - LAW KETHA M. LEHMAN, and No.: 2012-0605 CIVIL TERM ROBERT S. LEHMAN, Defendants MORTGAGE FORECLOSURE CERTIKICATE OF SERVICE I hereby certify that a copy of the Plaintiff's Answer to New Matter, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Ketha M. ;Lehman Robert S. Lehman 907 Patton Drive Carlisle, PA 17013 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 DATE: Ll - Attorney for Plaintiff 6 ^? Distribution Darrell C. Dethlefs, Esquire , c,R r ? '' ttdlds G. Miller, Esquire 2132 Market Street L r k?66 West Pomfret Street Camp Hill, Pennsylvania 17011 Carlisle, Pennsylvania 17013 Telephone: (717) 975-9446 Telephone: (717) 249-235 Attorney for Plaintiff Attorney for Defendant MID PENN BANK Plaintiff, V. KETHA M. LEHMAN, and ROBERT S. LEHMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANII CIVIL ACTION - LAW No.: 2012-605-CIVIL : MORTGAGE FORECLOSURE MOTION OF PLAINTIFF, MID PENN BANK, FOR SUMMARY JUDGMENT AND NOW, comes the Plaintiff, Mid Penn Bank, by and through its counsel, Dethlefs-Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire who respectful motions this Honorable Court pursuant to Pa. R.C.P. 1035.1 and consistent Cumberland County Rules of Civil Procedure (C.C.R.P.) 208.3(a) and 1035.2(a), summary judgment and in support thereof avers as follows: Procedural History 1. This matter was commenced by Plaintiff, Mid Penn Bank, (hereinafter simply referred to as "Mid Penn") on or about January 31, 2012 with the filing of a complaint for mortgage foreclosure against the Defendant and Robert S. Lehman. Plaintiff is seeking the sum of $178,740.88 plus interest, costs and attorney's fees for foreclosure and sale of the mortgaged premises. 2. Defendant, Ketha M. Lehman, filed an Answer with New Matter to the Plaintiff's Complaint on March 20, 2012. 3. Defendant, Robert S. Lehman, failed to answer and thus, a Praecipe was filed t? enter judgment in rem against Robert S. Lehman, in the sum of $190,514.38 interest, accruing at 6.25%, plus the costs of suit. 4. Plaintiff, Mid Penn, filed a Reply to New Matter of Defendant, Ketha M. Lehman, on April 9, 2012. 5. Plaintiff, Mid Penn, sent a First Request for Admissions and Request for Production of Documents on May 29, 2012, to Defendant, Ketha M. Lehman. 6. Defendant, Ketha M. Lehman, responded to Plaintiff's Requests for Admission or about June 29, 2012. STATEMENT OF UNDISPUTED FACTS 7. At all times material hereto, Plaintiff, Mid Penn Bank, is a Pennsylvania institution existing under the laws of the Commonwealth of Pennsylvania, with principal office located at 349 Union Street, Millersburg, Dauphin CounW, Pennsylvania. 8. Defendant, Ketha M. Lehman, is an adult individual currently residing at Gutshall Road, Boiling Springs, Cumberland County, PA. 9. The parcel of real property which is the subject of this action (hereinafter to as the "Subject Property" is 556 Gutshall Road, Boiling Springs, Cumb County, PA. 10. Plaintiff, Mid Penn Bank, through a certain Promissory Note (as it may have amended, restated, replaced, supplemented or otherwise modified from time to time, hereinafter referred to as the "Note") with an effective date of March 20, 2009, agreed to extend credit to Ketha M. Lehman and Robert S. Lehman in the original principal sum of one hundred and eighty two thousand, eight hundred dollars ($182,800.00) plus interest (hereinafter referred to as the "Loan".) 11. Defendant, Ketha M. Lehman, and Robert S. Lehman, as mortgagors, executed that certain Mortgage, with an effective date of March 20, 2009, (as it may have been amended, restated, replaced, supplemented or otherwise modified from time to time, hereinafter referred to as the "Mortgage") in favor of and to Plaintiff, Mid Penn Bank, as mortgagee. 12. It has been admitted by Defendant, Ketha M. Lehman, in the Answer with New Matter that not all mortgage payments have been timely made and therefore, Defendant and Robert Lehman have defaulted under the Loan Documents. 13. In the Responses to Requests for Admissions, Defendant, Ketha M. Lehman, admitted that she signed the Note and Mortgage and received the Act 6/91 Notice. It has also been admitted that Defendant, Ketha M. Lehman, received and used the funds from the transaction. 14. Defendant, Ketha M. Lehman, admitted in the Requests for Admissions, that the last payment was made in March 2011. 15. Defendant, Ketha M. Lehman, admitted in the Requests for Admissions, that the interest rate was 6.25%. 16. Defendant, Ketha M. Lehman, admitted in the Requests for Admissions, that the amount of $178,740.88 was a correct and accurate current principal balance of the loan account in question as of January 24, 2012. 17. Mid Penn, by Amy M. Custer, has filed an Affidavit of Default in Support of this Motion for Summary Judgment. (See Affidavit attached, Exhibit "A") STANDARD OF REVIEW 18. The relevant pleadings in this matter are now closed. 19. Summary judgment is appropriate in this matter as there is no genuine issue any material fact that Defendant's claims lay upon, that could be established additional discovery or expert report. 20. Furthermore, there are no grounds, in law, which would entitle Defendant to relief sought in its Answer and New Matter. 21. Defendant now files the instant Motion for Summary Judgment pursuant to R.C.P. 1035.1 and C.C.R.P. 1035.2(a). 22. Under the Pennsylvania Rules of Civil Procedure, summary judgment may entered as a matter of law: a. whenever there is no genuine issue of material fact as to a necess element of the cause of action or defense which could be established additional discovery or expert report; or b. if, after the completion of discovery relevant to the motion ... an advert party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in jury trial would require the issues to be submitted to a jury. Pa. R.C.P. 1035.2 23. In opposing a motion for summary judgment, an "adverse party may not upon the mere allegations or denials of the pleadings but must file a response .. identifying:" a. one or more issues of fact arising from evidence in the recor controverting the evidence cited in support of the motion or from challenge to the credibility of one or more witnesses testifying in support of the motion, or b. evidence in the record establishing the facts essential to the cause of action or defense which the motion cites as not having been produced. Pa. R.C.P..1035.3 24. It has long been recognized that summary judgment should be granted to th movant unless the opposing party offers competent evidence admissible at showing that there is a genuine issue as to a material fact which would submitting the case to the trier of fact. Cmty. Med. Servs. of Clearfield Inc. Local 2265, AFSCME, 437 A.2d 23, 27 (Pa. Super. Ct. 1981). 25. Pa. R.C.P. 1035 shifts the burden of proof to the non-moving party on issues which the non-moving party has the burden of proof at trial. Ertel v. Co., 544 Pa. 93, 674 A.2d 1038 (1996). 26. In Ertel, the Supreme Court observed that: [a]llowing non-moving parties to avoid summary judgment where they have no evidence to support an issue on which they bear the burden of proof runs contrary to the spirit of Rule 1035. We have state that the `mission of the summary judgment procedure is to pierce the pleadings and to assess the proof in order to see whether there is a genuine need for a trial.' Curran v. Phila. Newspapers, Inc., 497 Pa. 163, 176 (1981) (citations omitted). We have a summary judgment rule in this Commonwealth in order to dispense with a trial of a case (or, in some matters, issues in a case) where a party lacks the beginnings of evidence to establish or contest a material issue.... Forcing parties to go to trial on meritless claims under the guise of effectuating the summary judgment rule is a perversion of that rule. Id. at 100-02, 674 A.2d at 1042 (1996). 27. Consequently, and in accordance with Ertel, it is no longer sufficient for the n moving party simply to demonstrate the existence of a disputed issue of m fact. Instead, the non-moving party must establish a prima facie case based on the evidence. This standard requires that the non-moving party demonstrate that he or she has developed evidence to prove his or her case during the course discovery. Ertel, supra. ARGUMENT A. THERE IS NO GENUINE ISSUE OF MATERIAL FACT AS TO CLAIMS MAD BY PLAINTIFF, MID PENN BANK, AGAINST DEFENDANTS. 28. Defendant, Ketha M. Lehman, does not argue that she signed the Note, Mortgage, and used the funds from the transaction. (See Admissons, Exhi «B„) 29. Defendant, Ketha M. Lehman, admits to not making all the payments in a time manner and the last payment being in March 2011. (See Admissons, Exh «B„) WHEREFORE, Plaintiff, Mid Penn Bank, respectfully requests that summary judgment be entered in his favor as follows: 1. that judgment be entered in favor of Plaintiff, Mid Penn Bank, and agai Defendant, Ketha M. Lehman, with respect to all claims made by Plaintiff, against Defendants in Plaintiff's Complaint; and 2. that judgment be entered in favor of Plaintiff, Mid Penn Bank, and agai Defendant, Ketha M. Lehman, with respect to Defendant's, Ketha M. Lehman, New Matter against Plaintiff, Mid Penn Bank. Date: July 18, 2012 Respecdully/Suomitted, By: Darrell ethlefs, Esquire I.D. # 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 E-Mail: ddethlefs(cD-aol.com MID PENN BANK : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY V. KETHA M. LEHMAN, and ROBERT S. LEHMAN, Defendants : CIVIL ACTION - LAW : No.: 2012-605-CIVIL : MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that, on the date indicated below, a copy of the foregoing, Motio for Summary Judgment, was hereby served by depositing the same within the custod of the United States Postal Service, First Class, postage prepaid, addressed as foll Ketha M. Lehman c/o, Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 Date: July 30, 2012 By: Re4DetDarrehll?efs., d, Esquire I. D. # 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 E-Mail: ddethlefs(a')-aol.com VERIFICATION I, Amy M. Custer, AVP, Asset Recovery Manager, Mid Penn Bank, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date:`4 P- \ ?i Amy M. Custer AVP, Asset Recovery Manager Mid Penn Bank 9 MID PENN BANK v. IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY KETHA M. LEHMAN, and ROBERT S. LEHMAN, Defendants : CIVIL ACTION - LAW : No.: 2012-605-CIVIL MORTGAGE FORECLOSURE AFFIDAVIT OF DEFAULT OF MID PENN BANK FILED IN SUPPORT OF SUMMARY JUDGMENT MOTION 1, Amy M. Custer, being duly sworn, depose and say that: 1. I am Assistant Vice President and Asset Recovery Manager of Mid Penn Bank, which is the plaintiff in this action, and am, authorized to make this affidavit on its behalf. 2. Defendant, Ketha M. Lehman and husband, Robert S. Lehman, defaulted and violated the terms of the Note by failing to make timely payment to plaintiff Mid Penn Bank as set forth in the Complaint. 3. The Note required a monthly payment due on the first of each month. 4. The amount of monthly payment was one thousand one hundred twenty-five Dollars and fifty-three cents ($1,125.53). 5. The last payment received on the Note was received on March 18, 2011. 6. The amount of the last payment was eight hundred Dollars and fifty-three cents ($800.53). 7. Attached as exhibit "A" to this affidavit is a true and correct copy of the Note. 8. Mid Penn Bank did not authorize or advise defendant, Ketha M. Lehman of an alternative payment schedule. 9. By reason of the aforesaid defaults and violations of the Agreement and Note by defendant, Ketha M. Lehman and husband, Robert S. Lehman, plaintiff is entitled, under the terms of the Note, to entry of a money judgment against defendant Ketha M. Lehman in the total amount of one hundred seventy-eight thousand seven hundred forty Dollars and eighty-eight cents ($178,740.88), as set forth in the Complaint, with ongoing interests and costs. Dated: `_ t? 1 ?--- r Signature: Sworn o d subscribed befor -this ??t1 day of N<<? ?°(_ [month and year] N WRY PUBLIC ZNOTARIAL AL HLEFS CAMP HILL RLAND COUNTY My ComAug 5.2012 -» _ - . c'?G?7 LA'?i CFFICE S +7 72496364 7-814 P 003/018 E-904 AN-111) PEN:'4 t3 ANk, IN THE COURT OF COMMON PLEAS OF P13intilt CUMBERLAND COUNTY, PENNSVLV kNIA V. CIVIL ACTION - LAW 2012 - 0605 CIVIL TERM r' KETHA A11 LEMMA-N and c 12OBFRT'?. 1,k;fT1V1A N, :MORTGAGE FORECLOSURE y rJ Defendants- - - c NOTICE TO PLEAD Yoe. are hereby notified to file a written response to the enclosed Answer -,,viith New Matter with ,-n ttiventy (2()) days from service hereof or a judgment may be entered against you, IRWIN & MCKNIGHT, P.C. l o l Douglas Muller, Es uire Supreme Court I.I), No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-233 Attorney for Defendant Ketha M. Lehman Date: March 19, ?.0I :? "C q; CN" LtP! C FF I C E S +717249636 T-814 P 004/018 -904 MID PEN'4 B:1Nk., IN THE COURT OF COMMON PLEAS OF PtairitifF CUMBERLAND COUNTY, PF-j\PNSYLVANIA V- CIVIL, ACTION - LAW 2012 605 CIVIL TERM K'ETHA NIL I EHAIA-N and ROBERT S. LEHNLI - V", MORTGAGE FORECLOSURE Defendants. ANSWER OF DEFENDANT KETHA M. LEMYL?N WqH NEWMAR O THE PLAINTIFF'S Co qM] LAINT AND NOW this 19`b day of March, 2012, comes the Defendant KETHA M. LEHMAN. by and through her attorneys, Irwin & McKnight, P.C and makes the following Answer with New Matter and Counterclaim to the Complaint filed by Plaintiff, MID PLNN BANK, and in support thereof avers as follows: I. After reasonable investigation, Defendant Ketha M. Lehman is without lrnowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph cite (1) of the Plaintiff's Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. '-. The avennents of fact contained in paragraph two (2) are admitted. i. After reasonable investigation, Defendant Ketha M. Lehman is without knowledge ,_;r information sufficient to form a belief as to the truth of the averments contained in paragraph trrec (3) of the Plaintiff's Complaint so they are therefore specifically denied and strict proof ?.hcreof is demanded at trial. 4. The averments of fact contained in paragraph four (4) are admitted. S. The averments contained in paragraph five (5) are conclusion; of law to which no Ie5ponSe is 1'`.(Julred. 03-20-2013 0:42 FROY- IR41IN 8, Mc KNIGHT LAW OFFICES +7172496354 T-814 P.005/018 F-904 b. The averrilents contained in paragraph six (6) are conclusions of law to which no response is required. 1. The averments contained in paragraph seven (7) are conclusions of law to which no response is required. . The averments contained in paragraph eight (8) are conclusions of law to which V10 response is required_ 0. The Note referenced in paragraph nine (9) and attached as Exhibit "A" to Plaintiff's (_'omplaint speaks for itself and therefore no response is required. To the extent that a response is equired, it is admitted that the signatures of both Defendants appear on the copy of the attached document. The remaining averments in paragraph nine (9) are specifically denied and strict proof thereof is demanded at trial. 10. The Mort gage referenced in paragraph ten (10) and attached as Exhibit "B" to Plaintiff's Complaint speaks for itself and therefore no response is required. To the extent that a response is :.required, it is admitted that the signatures of both Defendants appear on the copy of the attached document. The remaining averments in paragraph ten (10) are specifically denied and strict pii)ofthereof is demanded at trial. 11. The averments contained in paragraph eleven (11) tIre conclusions of law to which no response is required, To the extent that a response is required, after reasonable investigation, Defendant lt.etha M. Lehman is without knowledge or information sufficient to form It beli,::f as to the truth of the avennews contained in paragraph eleven (11) so they are rherefore specifically denied and strict proof thereof is demanded at trial. 12. The averments contained in paragraph twelve (12) are conclusions of law to which no response is required. To the extent that a response is required, it is admitted that not all mortgage payments have been timely made. By way of further answer, however, Defendant Robert S. Lehman was removed from the parties residence following the entry of a Protecrion From Abuse Order, and is currently behind on paying his support obligations. The remaining =-?^-2?'2 C?"•? FROti4-IR4'lIN & Mc KNIGHT LAV! OFFICES +7172496354 T-814 P 006/018 F-904 avenments contained in paragraph twelve (12) are specifically denied and strict proof thereof demanded :.t trial. 's 1 ' . The 1\`lortgage referenced in ara sph P gr thirteen (13) speaks for itself and therefore no response; is required. To the extent that a response is required, any discrepancies between Plaintiffs Complaint and the Mortgage are specifically denied acid strict proof thereof is dernazlded .:.t trial. 14- The ?Iverments contained in paragraph fourteen (14) are conclusions of law to which no ;-tiSponse is required. To the extent that a response is required, after reasonable investigation, Defendant Ketha M. Lehman is without knowledge or information sufficient to form a belief as to the truth of the averments contained i_n paragraph fourteen (14) so they are therefore specifically denied and strict proof thereof is demanded at trial. 15. The averments contained in paragraph fifteen (15) are conclusions of law to which no response is required. To the extent that a response is required, the attorney fees listed are not actriid expenses and are not reasonable, and the remaining averments are also specifically denied and strict proof thereof is demanded at trial. 16. The averments contained in paragraph sixteen (16) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained to paragraph sixteen (16) are specifically denied and strict proof thereof is demanded at trial. 17. The averments contained ul paragraph seventeen (17) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph seventeen (17) are specifically denied and strict proof thereof is demanded at trial. 18. The averments container: iti paragraph eighteen (18) are conclusions of law to which no re-ponse is required. To the cx_tcai that a response is required, the averments contained in paragraph eighteen (18) are specifically denied and strict proof thereof is demanded at trial 3 FROM-IR4'IIN & 41cKNIGHT LAW OFFICES +'172496354 T-814 P 0 0 7/0 l6 F-904 The averments contained in paragraph nineteen (19) are conclusions of Ia?v to which no r °sponse is required. To the extent that a response is required, the averments containccl in paragraph nineteen (19) are specifically denied and strict proof thereof is demanded at trial. 20. The averments contained in paragraph twenty (20) are conclusions of law t.o which no response is required. To the extent that a response is required, the averments cont?iined in pai agraph twenty (20) are specifically denied and strict proof thereof is demanded at trial. 1 The averments contained in paragraph twenty-one (21) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragj-api-: twenty-one (21) are specifically denied and strict proof thereof i.s demanded at trial. 22 The averments contained in paragraph twenty-two (22) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph twenty-two (22) are specifically denied and strict proof thereof is demanded at trial. 23. The avennents contained in paragraph twenty-three (23) are conclusions of law to which no response is required. To the extent that a response is required, the averments contaizted in paragraph twenty-three (23) are specifically denied and strict proof thereof is demanded at trial. ?41, The averments contained in paragraph twenty-four (24) are conclusions of law to which no re<ponse is required. To the extent that a response is required, the averments contained in paragraph twenty-four (24) are specifically denied and strict proof thereof is demanded at trial. 5. The avements contained in paragraph twenty-five (25) are conclusions of law to which no response is required. To the extent that a response is required, the averments contained in paragraph twenty-five (25) are specifically denied and strict proof thereof is demanded at teal. 26_ The avennents contained in paragraph twenty-six (26) are conclusions of' la,?to which no response is required. To the extent that a response is required, the averments contained in paragraph", twenty-six (26) are specifically denied and strict proof thereof is demanded at teal. ,q -`"'Z 'Cy_;n;'+IN McKNIGHT LAW OFFICES +7172496354 T-S14 P 009/OIS F-904 The averments contained in Paragraph riven ty-seven (27) are conclusions of law to which [I() response is required. To, the extent that a response is required, after reasonable investigatic n, Defendant Ketha 1/1. Lehman is without knowledge or information sufficient to form a beli;.f as to the truth of the avemients contained in paragraph twenty-seven (27) so the are therefow specifically denied and strict proof thereof is demanded at trial. y The avei7uents contained in paragraph twenty-eight (25) are conclusions of law to which no response is required. To the e,-lent that a response is required, the averments contained in paragr-ap.h twenty-eight (28) are specifically denied and strict proof thereof is demanded at t13al. 9. The averments contained in paragraph twenty-nine (29) are conclusions of law to which no rc:>ponse is required, To the extent that a response is required, the averments contained in paragraph tweary-nine (29) are specifically denied and strict proof thereof is demanded at trial. ) - The notices attached a5 Exhibit "C" speak for themselves and therefore no response is required. To the extent a response is required, Defendant .Ketha M. Lehman did meet with and seek assistance from a designated Consumer Credit Counseling Agency as set forth on the notices attached as Exhibit "C." Defendant Ketha A Lehman was ultimately told that the funding previously provided by the Comrnonwealth of Pennsylvania was no longer available, and therefore no fnrr_her assistance could be provided to her. The remaining averments in paragraph trrirty (30) are therefore specifically denied and strict proof thereof is demaltdecl at trial. WHRREFQRE, Defendant !C tha M. Lehman respectfully request that till s Honorable (_''ourt enter a judgment in her favor and against Plaintiff in this matter, or against that Additional Defendai,t Robert S. Lehman as referenced below in this matter, together with reasonable costs , nd attorney fees, and such other and fw-ther relief as this Court deems just. 5 C LOLL 0.44 FROH- IRNN R KUNIGHT LAW OFFICES +TITUH354 T-814 P 009/018 F-904 NEW MATTER ,I- The averments of fact contained in the Answers to the Complaint by Ketha M Lehman aj,e hereby incorporated by reference and are made part of ibis New Matter to the Complaint of the Plaintiff. 3'. Defendants in this matter first listed the subject property for sale with a realtor in or about June 201 o. 33- Defendants' realtor subsequently sent notice to Plaintiff of the Defendants' intent to sell the subject property and to payoff the mortgage obligation to Plaintiff. 34- Defendants continue to have the subject property publicly listed for sale with a licensed rea< estate agent, 35. Defendant Ketha M. Lehman also directly spoke with and had face-to-face meetings with representatives of Plaintiff in order to discuss mceting the monthly mortgage obligations until the subject property was sold. 36. One of the reconunendations from an employee or representative of Plaintiff, was that Defendant Ketha M. Lehman should alternate her montlily expense obligations, thereby making payments under the subject Mortgage every other month. ->?- 'T 'he employee or representative of Plaintiff, however, did not explain to Plaintiff tliat such a plan was in violation of the terms of the loan documents, would result in additional interest and late charges, and ultimately would not delay or prevent foreclosure. 6 2 =.pV-IEWIN & !4cKNIGHT LAW OFFICES +7112496354 T-814 P 010/013 F-904 3S. Defendant Ketha M Lehman and her licensed real estate agent also provided reguleu- updates to Plaintiff through its representatives concerning the progress on the sale of the subject property. 39. These updates included discussions regarding the advertised list price of the subject property, and mt>Ztiple reduests'for approval to reduce the advertised List price wltea? no offers were received to purchase the home. 10 Also after receiving the notices of foreclosure from Plaintiff, Defendant Ketha 1\/1. Lehman did meet with and seek assistance from a designated Consumer Credit Counseling Agency. 41. Defendant Ketha M. Lelunan was ultimately told that the funding previously provided by the Commonwealth of Pennsylvania was no longer available, and therefore no further assistance could be provided to her. A true and correct copy of the notice sent to Defendant Ketha M. Lehman from the Pennsylvania Housing Finance Agency is attached hereto and incorporated herein as Exhibit "A." 42. Furthermore, by virtue of a Cumberland County Domestic Relations Order entered in t1,e names of the Defendants, Defendant Robert S. Lehman is to pay spousal support i.rr the amount of 5412.50 per month to Defendant Ketha M. Lehman as contribution to the monthly mortgage of 41gation. 43. Defendant Robert S. I-Chman is currently in arrears in his spousal support obligations, and has previously been ;adjudicated in contempt for non-payment. 7 ti4cKNIGHT LAW OFFICES +TIT2496354 T-814 P 011/018 F-904 44. As a direct result of the nonpayment of spousal support obligations, Defendant Ketha M. Lehman. has been unable to make full payments of the required monthly mortaao-e obligations 15. Ns a direct result of the advice from plaintiff's employees or representatives to alternate hi'r payment obligations, Defendant Ketha M. Lehnjan incurred significantly more interest, late charges, and attorney fees, and ultimately Plaintiff now seeks to accelerate the amounts purported to be due from Defendants. 46. t1s a result of the above, all or some of Plaintiff's claimed damages are attributable 10 persons and/or causes other than Defendant Ketha M. Lehman. -f7 mctu-red. 48 mitigate or to properly mitigate its damages. 49. Plaintiff is estopped from foreelosiztg on the subject property as its employees and representati•ves recommended that Defendant Ketha M. Lehman not make every mortgage payment to Plaintiff while the property was awaiting to be sold, and she relied on said representations. 50_ Qn the basis of Plaintiff's advice to Defendant Ketha M. Lehman in this matter, upon which :advice she relied, Plaintiff has unclean hands. 51. Plaintiff's Complaint tams to state claims or causes of action upon which relief can be granted. Plaintiff further asserts unsubstantiated attorney fees or court costs not actually Plaintiff's claims may also be barred and/or limited by Plaintiff's failure to 8 FWiN & 1&KNIGHT LAW OFFICES +7172496354 T-814 P 0121018 F-904 52 Defendants have also listed the subject property for sate, and upon the 1 sa ` Of the prape. ty to a third par-ty, Defendants will be able to satisfy Lhe mortg dage and legitimate expenses to the Plair.riffin full. WfiFREFORI,, Defendant Ketha M. Lelmlan respectfully request that this Honorable Court enter a judgment lit her favor and against Plaintiff in this matter, or against that Additional Defendant Robert S. L.elunan as referenced below in this matter, together with reasonable costs and attomesj fees, and such other and further relief as this Court deems jtut. NEW MATTER PURSUANT TO Pa.R.C_P. 1No..2252((4 53, The averments of fact contained in Defendant Ketha M. Lehman's Answers to the Complaint ; nd New Mattes- above are hereby incorporated by reference and are made part of thus New Matter Pursuant to Pa.R.C.P. No. 2252(d) to the Complaint of the Plaintiff. 54. Defendant Ketlia M. Lelunan asserts this New Matter pursuant to Pa. R. C. P. No. 2252(d) and thereby joins Defendant Robert S. Lehman as an Additional Defendant in this action on the following basis: 55. The actions by Defendant Robert S. Lehman constitute a material breach of his promises and representations to Defendant Ketha M. Lehman and the Domestic Relations Office tasked with determining and monitoring spousal support payments, wluch breach has caused and continues to cause Defendant Ketha M. Lehman harm, including but not limited to a significant reduction in her credit score and the instant foreclosure litigation. 56. By virtue of the Protection From Abuse Order, Defendant Robert S Lehman was removed from the subject property- 9 YcKNIGHT LAW OFFICES +7172496354 T-814 P 0 13/0 18 F-904 57. Defendant Robert S. Lelunatl is currently in significant arrears of his monthly. S support obligations. SS. If Plaintiff establishes Glat it suffered injuries, damages, and monies due as rlleged in its Complaint, which allegations answering Defendant specifically denies, said injuries and damages were caused solely by the negligence, recklessness, misrepresentations, and carelessness of Additional Defendant, Robert S. Lehman, by his acts and omissions as described in the preceding paragraphs. -'9. As a result of the aforesaid actions, Additional Defendant, Robert S. Lehman, is solely liabl,:s to Plaintiff for any alleged injuries and damages it may have suffered and for any monies due Plaintiff. 60. If as a result of the matters alleged in Plaintiff's Complaint, Defendant Ketha M. Lehman is !held liable to Plaintiff for all or part of such injuries or damages as it may have sustained or for any monies due Plaintiff. Additional Defendant is the party primarily liable for such injuries, damages and monies due, and is liable over to Defendant Ketha M. Lehman by way of contribution or indemnification, for all such damages as may be required to pay to Plaintiff. 61. In the alternative, if as a result of the matters alleged in Plaintiff, s Complaint, Defendant K.etha M. Lehman is held liable to Plaintiff for all or part of such injuries or damages as it may have sustained or for any monies drie Plaintiff, Additional Defendant is jointly and severally liable to Plaintiff based upon 111e foregoing allegations for such injuries, damages and monies due. and is liable over to Defendant Ketha M. Lehman by way of contribution for all such iiarnag?a Defendants may be required to pay to Plaintiff. 10 YcKN I GHT LAW OFFICES +7172496354 T-914 P 014/018 -904 WHEREFOR- , Defendant Ketlia M Lehman respectfully requests that this Honorable Court: a. Enter a judgment in her favor and against Additional Defendant Robert S, LehrT?an, as solely ]sable in this matter, it there is any liability to Plaintiff, b- l rater a judgment over and against Additions] Defendant Robert S. Lehman b way of mdo.nnification or contribution for the y amount recovered by plaintiff against Defendants, together will' costs, ut the event that a verdict is recovered by Plaintiff, and o- Enter rr judgment in her favor and against Additional Defendant, Robert S. Lehman, fog damages as alleged above. Dated: March 19,"2012 Respectfdly Submitted, fRWIN & McKN1GHT, P.C. By_ Quir,&-. Douglas Aer, sqSupreme Court ID No. 83776 West Pomfret Professional wilding 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant Ketha M. Lehman Vc''% fGHT LAW OFF'CES +1172496354 T-614 p-015/016 F-904 VERIFICATION 11 e foregointr document on behalf of the Defendant is based upon information which has been gath:red by counsel for the Defendant in the preparation of this document. The statements made in t! tis docurent are true and correct to the best of the counsel's knowledge, information and belief. The Defendant's verification cannot be obtained within the time allowed for filing the pleadi;:!g. The undersigned is therefore veri O Pa.C.S.A. 5 l 02? ng on behalf of the Defendant according to 42 ?(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authori tie: . Doug s C. Miller, Esquire - - Date: ? ,/ lq/l;- F IRIBIT "A?? +7172496354 T-814 P 017!018 F-904 PENNSYLVANIA HOUSING FINANCE AGENCY 211 N. Front Street P.O. Box 15628 Harrisburg, PA 17105-5628 (717) 780-3800 TDD4 0717) 780-1869 July 22, 2011 Ketha M. Lelunan 556 Gutshail Road Boiling Spri:i-igs, PA 17007 Re: NOTIG[. OF TERMINATION Horeowners' Emergency Mortgage .,assistance Progaam Dear Ms. Lei-man: As oi" June 30, 2011, the Homeowners' Emergency Mortgage Assistance Program was suspended (terminated) due to a lack of funding. The Agency has no funds available to provide assistance to quaLified homeowners. We have suspended all appeals and cancelled all appeal program activity given that the Agency is unable to provide assistance under the Homeowners' Emergency Mortgage Assistance Program. The original denial of our application to HEMAP is final. We are reviewing all applications for possible funding wider the federal Emergency Homeowners' Loan Program ("EHLP"). If you have either been denied or not yet reviewed for possible assistance under the EHLP, the Agency will be reconsidering your application under EHLP. The Agency will contact you upon completion of its review. Additional information is available on www.phfa.org. Sincerely, PENNSYLVANIA HOUSING FINANCE AGENCY Homeowners' Emergency Mortgage Assistance Program Appeals Section ^!'GFT LO?F?CES +7172496354 T-814 P 018/018 =-904 CERTIFICATE OF SERVICE I, l )ouglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the for=going clocUulzent upon the persons indicated below by first class United States mail, postage p?._id in Carlisle, Pennsylvania 17013, on the date set forth below: DARRELL. C. DETHLEFS, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 ROBERT S. LEMIAN 907 PATTON DRIVE CARLISLE, PA 17013 Date: 314011A IRWIN & McKNIGHT, P.C. t/ Douglas j er, ;Esquire - Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 OUN-29-2012 18:02 FROM-IRWIN & Mc KNIGHT LAW OFFICES +7172496354 T-070 P 0021005 F-590 SLID PENN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA `'- CIVIL ACTION - LAW 2012 - 0605 CIVIL TERM KETITA NL LEHNtA-N and ROBERT `% LEHMAN, MORTGAGE FORECLOSURE Defendants. DEFENDANT KETHA M. LEHMAN'S RESPONSES TO RLQ ESTS FOR ADMISSIONS TO- Mid Penn Bank c/o Darrell C. Dethlefs, Esquire 213'! Markct Street Camp Hill, PA 17011 PLEASE TAKE NOTICE that the Defendant, Ketha M. Lehman, responds to the Plaintiffs Requests for Admissions by serving the following Responses. 1 'uism-er is admitted. 2. 'answer is admitted. 3 nsw?r is admitted. 1. '.nsw-er is admitted in part and denied in part. It is admitted that a portion of the funds were used to purchase the property located at 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania, where answering defendant currently resides. A sigttificant portion of the funds, however, were used by Defendant Robert S. Lehman to satisfy out-of-state child support obligations that were not obligations of answering defendant and did not benefit answering defendant. Any remaining inferences in the request for admission are also specifically denied. :. 'mswer is admitted in part and denied in part. It is admitted that answering defendant 1?as resided at the property from 2009 to the present. Defendant Robert S. Lehman, however, was excluded tiom the residence following the entry of a Protection From ,',.buse Order entered in Cumberland County, Pennsylvania, and has failed and refused to pay his support obligations when due, which include contributions for the existin r'1ortgage and tax obligations. JUN-29-2012 IS:02 FROM-IRWIN & McKNIGHT LAW OFFICES +7172495354 T-070 P 003/005 F-590 6. Artswer is specifically denied- Answering defendant directly spoke with and had face- t:)-face meetings with representatives of Plaintiff who instructed her to alternate her monthly mortgage obligations to Plaintiff. Answering defendant in fact followed the Avice of Plaintiff's representative and alternated monthly mortgage payments to Plaintiff. Answering defendant was not informed, however, that the recommended pa}Tent plan was a violation of the terms of the loan documents, would result in Aditional interest and late charges, and ultimately would not . delay or prevent ioreclosure. '. .'11swer is admitted in part and denied in part- It is admitted that the last payment of answering defendant on this particular mortgage was made in March 2011. However, the alternating payments of answering defendant was specifically undertaken upon the Avice of Plaintiff's representatives. Any remaining inferences in the request for '.drmission are also specifically denied. 8. ,'',nswer is adtnirted. ?. 1,nswtr is admitted in pan and denied in pan. It is admitted that answering defendant has not submitted any prior written dispute as to billing inaccuracy, however, any inference that, answering defendant did not attempt to contact Plaintiff with regard to repayment or to question the additional charges or specifically relied upon their advice in alternating her monthly mortgage payment obligations is denied. Any remaining inferences in the request for admission are also specifically denied. 10. Pursuant to Pa_.R.C.P. 4014 (b), the answer is admitted, but qualified in that answering defendant has not been provided any recent statement or document confirming that the climount represented as the current principal balance is accurately set forth in the request. Respectfully submitted, IRWIN & McKNIGHT, P.C. Date: Tune',9.201? bou as G. "Iler, squire Supreme Court ID No. 83776 60 West Pomfret Street Carlisle. PA. 17013 (717)249-2353 Attorney for Defcridant Ketha M. I ehmart JUN-29-2012 18:02 FROM-IRVIIN & McKNIGHT LAW OFFICES +TIT249G354 T-070 P 004/005 F-590 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of' this action. I have read the statements made in this document and they are true and correct to the. best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 19 Pa.C.S.A. Section 4904, relining to unsworn falsification to authorities. KET M. >LEHMAN ___ Date: _Juae 29, 2012 JUN-29-2012 1603 FROM-IR491N & McKNIGHT LAW OFFICES +T1T2496354 T-OTO P 005/005 F-590 CERTIFICATE OF SERVICE 1. Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the fore<_?.oinEz document upon the persons indicated below by facsimile and by first class United States mail, postage paid in Carlisle, Penmsylvania 17013, on the date, set forth below Darrell C. Dethlefs, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp bill, PA 17011 Date: Junc 29, 2012 1RWIN & McKNIGHT, P.C. Douglas G. i ler, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant Ketha M. Lehman C14-1p PRAECIPE FOR LISTING CASE FOR ARGUMENT ;LED, or i' tt (Must be typewritten and submitted in triplicate) If ?'F 1i)?? t 1 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for' - Argument Court.) Summary Judgment AM 11: 54 -- ------------------------ CAPTION OF CASE (entire caption must be stated in full) MID PENN BANK vs. KETHA M. LEHMAN and UMRERLA D Chi .l11r i f J LVAffl ROBERT S. LEHMAN No 605 2012 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Darrell Dethlefs, Esq. (Name n 2132 Market Street, Camp Hill, PA 17011 (b) for defendants: Douglas G. Miller, Esq. (Name s) 60 West Pomfret Street, Carlisle, PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Saplw is +e,2ePt ?Ivl fexw,-l\ (-K - ,(, Print your name Mid Penn Bank Date: August 6, 2012 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. a ,%I CaS? Bpd Sq/-? iLYLi` frrI r,. THE f'-IDTH0N0TA i Darrell C. Dethlefs, Esquire ID # 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 2012 SEP -6 PPS 4: 04 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff MID PENN BANK, Plaintiff, V. KETHA M. LEHMAN, and ROBERT S. LEHMAN, dants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW No.: 2012-605 CIVIL MORTGAGE FORECLOSURE PL4INTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that the defendants answer and respond to the following Request for Production !:of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 djrys from the date of service hereof. Plai.4tiff also demands that defendants answer and respond to the following Request for Admissions; pursuant to Pa. Rules of Civil Procedure 4014. You are requested to admit the truth to each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your ?sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If' you fail or refuse to admit the truth of any such statement of fact and the Plaintiff th0eafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in tlnaking such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. 7. In these Requests for Admissions: A. The word "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnership; joint ventures, trusts, and estates; B. The word "document(s)" means all written, printed, recorded, graphic, or photograph1c matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity, "identify", "identification", when used with respect to a erso s means to state the full name and present or last known address and business address of such person(s) and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity", "identify", identification", when used with respect to a date, s ' bject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) anal address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) described the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identi each and every person(s) participating in such an act; (3) identify all j other person(s) (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; hnd (6) identify the person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. Theta Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filingof responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto were produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job titl(i and department from whose files it was produced and the current custodian of said document. If a 'locument called for is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, Custodian and one in control of such documents shall be provided along with any applicable Common description or citation utilized by the publisher, possessor, custodian or disseminator of such document. If any document called for by this request is withheld on the basis of any claim of privilege or any similar claim, identify that document as follows: author; addressee; indicated or blind copies, date, subject matter; number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. REQUEST FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION OF DOCUMENTS 1: ProdLce any and all documents evidencing proof of all payments on the subject mortgage referenced iii the Complaint, including, but not limited to: cancelled checks, receipts, coupons, statements, aiccountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, ,phone records, data compilations, etc. REQUEST FOR PRODUCTION OF DOCUMENTS 2: Prodoce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial. REQUEST FOR PRODUCTION OF DOCUMENTS 3: Produce all documentary evidence or information substantiating the defenses asserted in your Answer. REQUEST FOR ADMISSIONS REQUEST FOR ADMISSION NO. 1: Defendant Signed the Note referred to and attached to the Plaintiff's Complaint as Exhibit "A". Admitted Denied If the answer to Request for Admissions No. 1 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 2: Defendant Signed the Mortgage referred to and attached to Plaintiff's Complaint as Exhibit "B". Admitted Denied If the answer to Request for Admissions No. 2 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 3: Listed as Exhibit "C", Defendant received the Act 6/91 Notice referenced and attached to the Plaintiff's Complaint. Admitted Denied If the answer to Request for Admissions No. 3 is anything other than an unqualified admission, please qual''ify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attadh any documentation in your possession that supports your response to this request. REQUEST,FOR ADMISSION NO. 4: Defendant received and used the funds from the transaction, wherein the Note dated March 20, 2009 and attached as Exhibit "A" to the Complaint was signed by Defendant. Admitted Denied If the answer to Request for Admissions No. 4 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUESTFOR ADMISSION NO. 5: Defendant has resided at the address 556 Gutshall Road, Boiling Springs, PA 17007 from the dates March 20, 2009 to the present. Admitted Denied If the ans4r to Request for Admissions No. 5 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are deplied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request and identify, the Defendant's addresses and the dates that Defendant resided at the said address. REQUEST FOR ADMISSION NO. 6: The Defendant has made no payments on the loan secured by the mortgage attached as Exhibit "B" to the P-laintiff's Complaint since March 18, 2011. Admitted Denied If the answer to Request for Admissions No. 6 is anything other than an unqualified admission, please quality your response by setting forth which parts of the request are admitted and which parts are der ied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST{FOR ADMISSION NO. 7: The amount of Defendants' last: payment on March 18, 2011 was $800.53. Admitted Denied If the answer to Request for Admissions No. 7 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are dennied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 8: The loan account which is the subject of the underlying action accrued interest at a fixed rate of 6.250%. Admitted Denied If the answerr, to Request for Admissions No. 8 is anything other than an unqualified admission, please quality your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST`FOR ADMISSION NO. 9: Defendant has not submitted any written dispute as to billing inaccuracy concerning the loan account in question. Admitted Denied If the answer to Request for Admissions No. 9 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attaclln any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 10: The amount of $178,740.88 was a correct and accurate current principal balance of the loan account in question as of January 24, 2012. Admitted Denied If the answeir to Request for Admissions No. 10 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attaci any documentation in your possession that supports your response to this request. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Darrell C. Dith7efs, Esquire Attorney I.D. # 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Phone: (717) 975-9446 Fax: (717) 975-2309 Email: ddethlefs@aol.com CERTIFICATE OF SERVICE A true and correct copy of Plaintiff's First Request for Production of Documents and Request for, Admissions has been served by U.S. Mail, on the V day of May, 2012, upon the following: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Ketha M. Lehman Robert S. Lehman 907 Patton Drive Carlisle, PA 17013 DEFENDANT'S VERIFICATION I,- , (please print) under penalty of perjury and subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities verify that the foregoing Responses are true and correct to the best of my knowledge, information and belief. Date Signature j , ~ f'. . Darrell C. Dethlefs Esquire _ ID # 58805 ' ' ~~ ~~ 1 i~l~ Dethlefs-Pykosh Law Group, LLC - ~ j << ~~" ? ~ ~ ' ~, . r , 2132 Market Street ~' ~ ~ $ ~. Camp Hill, Pennsylvania 17011 Telephone -- (717) 975-9446 Fax - (717) 975-2309 ddethlefs@aol.com Attorney for Plaintiff MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 2012-605 -CIVIL KETHA M. LEHMAN and ROBERT S. LEHMAN, Defendants :MORTGAGE FORECLOSURE JUDGMENT ENTERED AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 403 OF NOTICE OF SALE Plaintiff in the above action set forth as the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007. As required by Pa. R.C.P. 3129.2(c) Notice of Sale/Owners Rights and Writ of execution has been given to each of the persons or parties named, at the address set forth on the attached Affidavit Pursuant to Pa. R.C.P. 3129 n the date indicated. ,_.~ _ ~ ~_-._-. _ Date: ~ ~ L- `~ -' ' ,..~--..-~ Darrell C. ethlefs, Esq. Attorney for Plaintiff Darrell C.'. Dethlefs. Esquire I.D.#58805 DETHLEFS-PYKOSH LAW GROUP, LLC 2132 Market Street Camp Hill. NA 17011 ~Celephone:(71')975-946 Fax: (717)9i~-2309 E-mail: ddethlcl~sii'aol.com MID PENN BANK, : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. KETHA M. LEHMAN and ROBERT S. LEHMAN, Defendants No.: 2012-605 -CIVIL MORTGAGE FORECLOSURE JUDGMENT ENTERED AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale of Real Property to the Defendant certified and regular United States mail and all lien holders or judgment holders of record as required by Pa. R.C.P. by first class United States mail, postage pre-paid, on the date set forth below. (See attach receipts for list of all those served). Date ,~ `~ _~~ - ~-.~_.__ Darrell' . Dethlefs, Esq. Attorney for Plaintiff cr3 iv G3 ~. f.~ ~ r~- ~ i ~ ~. __-- -°---- - - - ~_____... - - ~ ~ ~< .::~ , __. _ _. ) c.erithc~ ~€~, ~ R t f" ~~~~ ~~~ Pc~;e~arx ~ p E eWiri za3 C-aslp {F.r4dorsaaxient itat~~tr~tle torus ~ O diesYrcPed t?ra€ivery Fug ~ .. ..~.._ dtntl~€:,emert fte:.~uirnd> ~ , _ ..,... ~ ,~ ai~t~i t:'n5lxatyo r~. k=r,2°, ~ 3 i ru __ _ ~~ ~ , _ ~ ~ ~' ~ _~ _ M aw ~ ~ ~ . _..~..------- , 5rr~ee Ant Nn - --------- --------------- g ct:x scar®,,~r~~a/ ~' + !rp S 1r?~ 1'~'dC7` 1 't+a ~' un~s~csaarfs ---~ ~~" Certificate Of MaiHn r .,Ir ate r d . of h ,;,-.. may n~ - ~ It ,., ~-. r,~ 7 ~.: -;:~ r ~ „~~ From: jLL Qr •~ ~~ S'3 y# ~/ V`~__( A, .. t ~()L,p jJL„C: o _~ p ._~._.: S ll m• cworn~v _. 5~ V `G b_ r W ~~.p,~rT ~N CO N -'DD L~'l as Form 3€317, Fwra 200 ~srv ?s~o-oz-oua-soa5 _- _~~. d s £ ~} 4 ~ _ tJ z~ = v ~ € ~ I ~_ n +~ C'S L" p ...~ ~ ~ c ~~~ `~~ ~ :~ ~ ~~ ~ ~ - G7 ~ -~[^ ;7 ai{{E .J ''~ .~ ~ S J ~ ~ A-,~ ~~d u ~a~ 3 0 0 0 N O c~7 2 ~. µ, ~ ~ ~! 1~ O ~ a. t4.t~ .._ ~ .~' t~~ ~~ ~. i ~~~ _€ g ; ~~..~ .~.. 5 s ~" ~ ~ m C~ !~ r`- ..._ -~-- - ---~-- --- . t.n t~osxa~e r=1 - stlriacl Fee Il.l CI / ~etaan Fieceipf Fee ~~~~~ -" C'4E[~rrt ~ 1 Ft2Qilt~~ y ~ idM~ O R39VICFNfICPANVe(} FG•H ~-~~~~ ~ {~nneru Hequircxd} ~ ~_.._..v_,_.._.m._.,,__.. _, „Q Total Postage ~ F€3eS [ , ~errtTn~... ~~V ~~ ~ .. n 1 ~l.GC1 ~'.~b. ~ ~ straer€ stow ak7a ~ ~' ..- ~.. ~'~~~~"~` X31 e ~ l~ ~7 ~~~ ________ .! ~ ~' d ~ ~- ~. , ~. -..__.~ _ ._ ___._ .- w ~ ~~ ~ ~ ~.~ t~~ F~ n., ~ - i Q ~~ ~~~~~ g 4rserserlt ~o~d? Here n G7 ~ iieslrk•tex! ~ay ~ T3fa3 Pa~hh,3r,~e ,~/. ~FQBfiy~~`j = ..~ _-.~..~~ SBJN O D~ac~i~z.`' .._. ' ~, .. 4`. __ ~ S eti__._ ~.._t._. . /_ __ I ~ ^~ .._. ~fl}; State, /P3»4 t'y .., ~ ~ 3 ~. ~ ~(`1'M t ~1~ ~ ~ "~+4~J [ ...>..... d ~ ! ~` ~ ~ ~ ~, m ~° ~ ~~" ~ ~ " N3 `~ ray' V ~ ,~ ~ ~ z ~ ~ a d U.S. POSTNGE !7®13 f3CT 79.'i2 Bpi r~tiszdsFa ~ ~ HhWUNT f(JS'MSi•11VKf 1{ OflD98808-L8 O d ,e .. ~,,_' " _ ~ j, ~ ~ J }tiJ a f~ ono ~ >~ A ~ A .~' C' g ' t'E ,,,~ ('~ ,,,," i ~< o >z yO - -S G7 _ ~' ~, g ~•- tn O ~ ~` {,7 ~ 3 w ~ 1 "'~ .l'. 7 ~ '~ r ~ _.1 ~ ~ ~ ~ m l./` 11 ~~ ,~. V g D~ N 1" Q ~ < 3 3 A °~` '~ N A e -~ i ~ y~ Oj ~_ .~ 3 c ~ ~ .. ~ ° --- > ~ ~ t V r ~ ~ , r1 ~. ~ m ~ ~ ~ 3 ~ ~ ~ //~~ ,.}' ~ rte, ~ o w ti ~ ~ O 666 ~ ~: U ~ g ~ ~ A _. +~ ~ ~ ~~ ~ m . - ~_ ~ c, t !~~ ~~ ~ x V a s° c in o ~ o ~''. i a ~. w i ~~~~~~...www $ ~ / .~ ~.. A ~ "~ ~ ~!' t A ~'" ~ ~ ~ ~ ~ {~ ~ ~ J•. ,S' c~- ~, D m ~ a~ ~t' ,- -- ~ CZi C Sc t c~. ,, ,.--1 ~ $~ U.S. POtTAI SfRYtCE CERTIFICATE OF MA{UNG ntnx ne«.~o Foam: ~ 1 ~ ~ ~~ ~~2 ~c j - ~~~~ t~f~La t4 1~~~ ~ o~. vl+o. ar a~dMiwY m.N a~a.ww ea: MAY ~ ~© FOR OD~TIC AIR1 ~N7'MMA?IONAt. MAI FOR i rrtt+~raa......, (. ~. ~T /IIDrMOE #~7 +~ tl.S. Government P-itttinp OMts: 48D-22d U.S.. VOSTAt SERVICE CERTIFICATE ()F MAILING ANix rAecsivaa Fram: S~+4P °^° .~ ~. 4 --``''y~ y ~,,; ~ ~to Pa~Wa 4 ~}t..1.. ~ ~~#- t bbl ~ on. pwcs of oediiwv,++~+r.eara.a m: ~0~~~~ ~~ tt~tSt CARtISEE MPO CARLISLE, Pennsylvania 170139998 4134870013 -0093 10/2912012 {800)275-8777 11x51:48 AM Sates Receipt Product Sale Unit final Description aty Price Price Other Certificate 1 $1.15 $1.15 of Mailing Certificate 1 $1.15 $1.15 of Malting Certificate 1 $1,25 $1.15 of Mailing Certificate 1 $1.15 $1,15 of Mailing :Certificate 1 $1.15 $1.15 of Mailing 'Certificate 1 $1.15 $1,15 of Mailing .Certificate 1 ' $1.15 $1.15 of Malting Certificate 1 $1.15 $1.15 of Matting Certificat® 1 ~ $1.15 $1.15 of Mailing Certificate 1 $1,15 $1.15 of Mailing =Certificate 1 ~ $1.15 $1,15 of Mailing Certificate 1 $1.15 $1.15 of Mailing ~ ~ertificate 1 ~ $1.15 $1.15 cfi Mailing ~fF orever} 13 $0.45 $5.85 urple Heart SA ARLISIE PA 17013 $1,5p one-0 first-Class arge Env 3.30 oz. Expected Delivery: Tue 10/30/12 Return Rcpt {Green Card} $2.35 Certified $2.95 !Label #: 70121640000215470042 Issue PVI: xm:rrrrr $6,g0 CARLISLE PA 17013 $1,50 one-0 Ftrst-Class arge Env 3,30 oz. ~fxpected Delivery: Tue 10/30112 Return Rcpt {Green (c f Card} $2.35 erti ied $2.95 Gtabel ~: 70121640000215470035 1 Issue PVI: xrrrrrrr $6.80 OILING SPRINGS PA $1,50 7007 Zone-i first-Class Large En v 3.30 oz. xpected Delivery: Tue 10!30112 eturn Rcpt {Green Card} $2,35 ertified $2.95 abet ;P: 7 01216400002154 70028 ~ssue PVI: rrrrrsrr $6.80 ptal; $41.20 id by: rsonal Check ;41.20 p*+4 *ik it**it*Y~ AA##oF.t*yp~y ve,r tY i[eF jkx #~/e,lr+b el4 A.Y1~3.:1..f.w us. ~TAL ~Rylce CERTiflGATE t?F MAtrrlryG Atnx Wlcnwd From: a ---~` C`t~P ~l ~ L:. ~~~~t~: // ~~ir,~ (u~C~R.4~ b~t- ~y~ , ~5 ,i~c,~r hk mss{ ~~., ~-~1 ~"~ t ~' ~ '~'C...i~w ~S i t.~ 14 ~a U.e.3 ~~ r.i,k3. ~,J/`~~t"`S,tD~.% ~~r c~~~ 4 ~~ BE u~D FOR DpM~71C AMD IMT~NATIONAL MAIL. UON NpT "~E - cos*Mi-sna PS /rSWe __. SIT ~ U.S. C3overnment PrEnt(np Oiflco: 49$ 224 CERTIFICATE Q~ M e AILING I11pivW From: ~ ANIx w +~y: "~~ r ~ . ~'1F ~tiLt , i`~,4 ~7ai t ,~:~~ f ~~,;~ S~ MAr eE useo FOR ~'YtyP.t~St'au~tC, ~- 1 'j Jc~- 1 ~ S~ Fpq I~R ~asTnYt6~wI~71dNAt MA11„ Ps ooltrr~t~~ MAY 7?~76 X17 ~ U.S. Governrrrent Printtnp OtRca. 4gg.224 CERTtFlC~A ~ ' ~`. ATE C1F ~AltING Rtpiwo per. AMi1c o~ t °n°'""'' ^~ w°'r~ ro: i ~iv.;i~ ,~~~„9n ~ ~ ~ w17 Mwr eE Fou rA~ FoR ooua.,.. _.__ ~r ip7e 3917 --,..., ui~~~ E ,.~ 4 u.s. c -..e_„ mant Prtntln0 b~""""~----.. WRIT OF 1sXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 2012-605 Civil CIVIL ACT10>v - 1.AW TO THE SHERIFF OF CUMBERLAND COUNTY: Ta satisfy the debt, interest and costs due MiD PENN BANK Plaintiff (s) From KETHA M. LEHMAN and ROBERT S. LEHMAN ill You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (~!) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(Sl 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 (~.) or otherwise disposing thereof; (=~) [t property of th.e 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 gr:rrnishee and is enjoined as above stated. Amount Duc: $178,740.88 L.L.: $.50 Interest (through 1-24-12): - $10,939.50 Additional interest accruing on the Principal Balance at the simple rate of 6.25% per year from January 25, 2012 through date of satisfaction. Atty's Comm: °-o Due Prot:hv: $2.25 Atty Paid: $243.95 Other Costs: Title Report - $75.00 Late Charges: $759.00 PlaintiFf Paid: Date: 10/29/2012 ~' --~-._ _ r...~_- -- David D. Buell, Prothonota (Seal) ~By: ~/~ O/~ e , I~' .-!1~ ?~~- Deputy REQUESTING PARTY: Name: Darrell C. Dethlefs, Esq. Address Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp HiIN, PA 17011 Attorney for: PLAINTIFF Te 1 ephone: 717-975-9446 Supreme Court ID No_ 58805 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 2012-605 -CIVIL KETHA M. LEHMAN and ROBERT S. LEHMAN, -, Defendants :MORTGAGE FORECLOSURE ~ ~ `~ . co :JUDGMENT ENTERED z~ ~ ~~ ; PRAECIPE FOR WRIT OF EXECUTION c~ ~~' Z °r: MORTGAGE FORECLOSURE - Pa. R.C.P. 3180-3183 ~ .-~~~ ~, ~ :~'=p -; :~- ~ .-~, To the Prothonotary: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966, as amended; and for real property pursuant to Act 6 of 1974, as amended. Kindly issue a writ of execution in the above matter to the Sheriff of Cumberland County, to satisfy the debt, interest and costs due to Plaintiff, Mid Penn Bank, from Defendants, Ketha M. Lehman and Robert S. Lehman, kindly issue a writ of execution in the above captioned case. Instruct the Sheriff to levy upon the following described property of the Defendants, Ketha M. Lehman and Robert S. Lehman All that real property situate at 556 Gutshall Road, Boiling Springs, Cumberland Caunty, Pennsylvania 17007. Tax Parcel ID # 22-31-2173-015 Legal Description: TRACT NO. 1 On the North by land formerly of L.D. Gutshall, later of Esther Gutshall; on the East by Mountain Street; on the South by lands formerly of George Donley, later of Tolbert Murphey, and on the West by a sixteen (16) foot alley. Containing fifty (50) feet in front of Mountain Street and one hundred sixty (160) feet in depth, having thereon erected a one and one half story frame dwelling house. TRACT NO. 2 On the North by lot now or formerly of Charles Kennedy on the South by lot now or formerly of Augustus Lehman; on the East b Mountain Street; and on the West by an Alley; then said lot containing forty (40) feet in front of Mountain Street, more or less, and extending in depth to said Alley, a distance of one hundred and sixty (160) feet. Being known as 556 Gutshall Road, Boling Springs, Cumberland County, Pennsylvania 17007. Judament Amount: Amount Due: Princiipal Balance: $178.740.88 Interest (through 1-24-12): $10,939.50 Title Report: $75.00 Court Costs: $TBD Late Charges: $759.00 Total: $190,514.38 Interest: Additional interest accruing on the Principal Balance at the simple rate of 6.25% per year from January 25, 2012 through date of satisfaction Costs: $TBD -Costs of Judgment & $falle to be added Respectfully su itte , ._._-- ,- ~ ~. - i L ~ ~..> DATE: `` ~ ' BY: ,,, Q ^~ Darrell C. Dethlefs, Esquire ID# 58805 ~ z$ ~ ~n ,~~ ~~ 56 ~~ ct~F ~~~ _<<- 10 3. --r I - I L• ~ -I r - !b ~ 5 5v _, ?- ~ ~~3. q5"~i~~~ ~~~ ~ 5~ L L ~~.25~ die c o. C~ ~~°~2 ~~ ixl~1 ~ o~~ ~X /SS~P~ J MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 2012-605 -CIVIL KETHA M. LEHMAN and ROBERT S. LEHMAN, Defendants :MORTGAGE FORECLOSURE JUDGMENT ENTERED CERTIFICATE OF SERVICE I hereby certify that on the date noted below that a copy of the foregoing Praecipe, were hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid addressed as follows: Ketha M. Lehman 556 Gutshall Road Boiling Springs, Pennsylvania 17007 Keith M. Lehman c/o, Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 Robert S. Lehman 907 Patton Drive Carlisle, Pennsylvania 17013-1657 Date:. I ..: ' . ~ ~ t L. ,~ Respectfu ubmitted: Darrell C. ethlefs, Esquire ID# 58805 2132 Market Street Camp Hill, Pennsylvania 17011 717-975-9446 Attorney for Plaintiff I ~~..i:.L1 Vi ! I~ +~ i1 1;1.1 ~Mt ~'i'. .•~. Z~F~~~~zg A~~~t ~R CUMB~RL~Piil CdJP~ i 1~' f ~NNSYLVAP~IA DarreN C. Dethlefs Esquire d D # 58805 Dethlefs-Pykosh Law Group, LLC 132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 f= ax - (717) 975-2309 ddethlefs(a~aol.com Attorney for Plaintiff MID PENN BANK, Plaintiff, v. KETHA M. LEHMAN and ROBERT S. LEHMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 2012-605 -CIVIL MORTGAGE FORECLOSURE: : JUDGMENT ENTERED AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 Mid Penn Bank, Plaintiff in the above captioned action, by and through its attorneys, the Dethlefs-Pykosh Law Group, LLC, set forth, as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 1 Name and Address of Owner(s) or reputed Owner(s) Ketha M. Lehman 556 Gutshall Road Boiling Springs, Pennsylvania 17007 Ketha M. Lehman c/o, Douglas G. Miller, Eaquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 Robert S. Lehman 907 Patton Drive Carlisle, Pennsylvania 17013-1657 2. Name and address of Defendants in the Judgment Ketha M. Lehman 556 Gutshall Road Boiling Springs, Pennsylvania 17007 Keith M. Lehman c/o, Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 Robert S. Lehman 907 Patton Drive Carlisle, Pennsylvania 17013-1657 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Mid Penn Bank 349 Union Street Millersburg, Pennsylvania 17061 CHECK SEARCH RESULTS FOR ADDITIONAL JUDGMENT CREDITORS 4. Name and address of last recorded holder of every mortgage of record: Name: Mid Penn Bank 349 Union Street Millersburg, Pennsylvania 17061 5. Name and address of every other person who has any record lien on the property NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. NGNE 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. 2 DEPARTMENT OF PUBLIC WELFARE PO E3ox 2675 Harrisburg, PA 17105 DOMESTIC RELATIONS OF CUMBERLAND COUNTY P.O. Box 320 Carlisle, PA 17013 TENANT/OCCUPANT 556 Gutshall Road Boiling Springs, Pennsylvania 1 7007 COMMONWEALTH OF PENNSYLVANIA, BUREAU OF INDIVIDUAL TAX, INHERITANCE TAX DIVISION 6T" F=loot, Strawberry Sq. Dept. 28061 Harrisburg, PA 17128 INTERNAL REVENUE SERVICE 1000 Liberty Avenue Pittsburgh, PA 15222 DEPARTMENT OF PUBLIC WELFARE WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM PO E3ox 8486, Willow Oak Building Harrisburg, PA 17105 CUMBERLAND COUNTY TAX CLAIM BUREAU 1 Courthouse Square, Room 10F~ Carlisle, PA 17013 BOROUGH OF CARLISLE 53 V~Jest South Street Carlisle. PA 17013 INTERNAL REVENUE SERVICE TECHNICAL SUPPORT GROUP ADVISORY GROUP, 3 William Green Federal Building G00 ,Arch Street, Room 3259 Philadelphia, PA 19106 DEPARTMENT OF REVENUE BUREAU OF CORPORATION TAXES P O. Box 28042i' Harrisburg, PA 17128-0407 ATTORNEY GENERAL OF U.S. U.S. Dept. of Justice, Rm 511 Main Justice Bldg. 10th & Constitution Avenue, N.W. Washington DC 205:31 UNITED STATES OF AMERICA U.S. DEPARTMENT OF JUSTICE U.S. Attorney, Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108-1754 CUMBERLAND COUNTY ADULT PROBATION One Courthouse Square Carlisle, PA 17013 KETHA M. LEHMAN 556 Gutshall Road Boiling Springs, Pennsylvania 17007 DOUGLAS G. MILLER, ESQUIRE 60 West Pomfret Street Carlisle, Pennsylvania 17013 ROBERT S. LEHMAN 907 Patton Drive Carlisle, Pennsylvania 17013-1657 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Resp~ bmitted: Date: - ~'~' ' Z- Darre~il~C. Dethlefs, Esquire ID 58805 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Plaintiff 4 Darrell C. De,[hlcfs. Esquire - l.D.#58805 t1 DETHLEFS-PYKOSH LAW GROUP, LLC ZOf 2 QwT Z9 hii I l 2132 Market Street camp non. pn »o~) CU~fBERLAf~O COU~1"r ~reiepn<»e: ~~~ ~~ 9~s-9aa6 P~NNSY~LVANIr1 Fax: (?1?) 975-?309 F-;-mail ddethlcts~uaoLcom MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. KETHA M. LEHMAN and ROBERT S. LEHMAN, Defendants No.: 2012-605 -CIVIL MORTGAGE FORECLOSURE JUDGMENT ENTERED Notice of Sheriff s Sale of Real Property To: OWNER: PLAINTIFF/SELLER: DEFENDANT: PROPERTY: CUMBERLAND C.C.P. NO.: ALL PARTIES IN INTEREST AND CLAIMANTS KETHA M. LEHMAN and ROBERT S. LEHMAN MID PENN BANK KETHA M. LEHMAN and ROBERT S. LEHMAN 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007 2012-605-CIVIL The above captioned property is scheduled to be sold at Sheriff's Sale on March 6, 2013 at 10:00 am in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. You may hold a judgment on the property which may be extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution wil be made in accordance with the schedule unless exceptions are filed thereto withir,~10 days after the filing of the schedule. // ~ 7 Date: ~ ~~ , ~= Darrell' Dethlefs, Esquire Attorney for Plaintiff - IL, f- (1 ~'~~? ~ 'r• Darrell C. Dethlefs Esquire t 1 ~ i ~~ ~.~~ l.~ 20~ ID # 58805 p ~C~ Dethlefs-Pykosh Law Group, LLC 2~ ~M t~; 2132 Market Street 21 ~(IM~ Telephone (717)1975-944611 ~R Q~+~'~r N P~kNSY! t p Fax - (717) 975-2309 ddethlefsCa~aol.com Attorney for Plaintiff MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 2012-605 -CIVIL KETHA M. LEHMAN and ROBERT S. LEHMAN, Defendants :MORTGAGE FORECLOSURE JUDGMENT ENTERED CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I certify that I am the Attorney for the Plaintiffs in this Mortgage Foreclosure Action and further certify that this Property is O FHA (~;) Tenant Occupied O Vacant O Commercial () As result of Complaint in Assumpsit (X) Act 91 complied with (see attached) ,, ,I ,• 4 _ Date: ~ _ ~ `~- ~' `~ ~ Darre C. Dethlefs, Esq. Attorney for Plaintiff Darrell C. Dethlefs. Esquire ~.- -~ ~#~ ~,~,~ j!-d~"~~~i ~~;~Tt'~ LD.#58805 ' DETHLEFS-PYKOSH LAW GROUP, LLC 1 t~ T 2132 Market Street r:112 t'f. ! ~9 t~t'~ ~ i ~ ~:. Camp hill. P,4 17011 reiepn~~ne:1~1~~9~5-ya4~ CtlMBERLAt~q COU~~i~Y Fax: (7171975-2309 ~~~{~~JY~.VQ~~~'1 E-mail: ddethle(sai~a~oLcom MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 2012-605 -CIVIL KETHA M. LEHMAN and ROBERT S. LEHMAN, Defendants :MORTGAGE FORECLOSURE JUDGMENT ENTERED COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS Before me, the undersigned authority, a notary public in and for said County and Commonwealth, personally appeared. Darrell C. Dethlefs, Esquire, attorney for Plaintiff, who being duly sworn according to law deposes and says th t the Defendant, Robert S. Lehman, is not in the military service of the UNITED STP~1fE~S OF AMERICA to the best of his knowledge, information and belief. ,,~----f, Dated: ? <> , ~ Darrell C. i~ethlefs, Esquire Sworn and subscribe before me this the ~S~~day of October, 201?. My Commission Expires: 3 ' ~ G - 3 G ( - Notary ublic ~~. COMMONWEALTH of PENNSYLVANIA___I Notarial Seal ~ Crystal L Mahoney, Notary Public Camp HAI Boro, Cumberland County My Commission Expires March 20, 2014 ^ Member, Pennsylvania Association of Notaries, f r 1- tt~1 Dan~ell C. Dethlefs, Esquire ~.~.#SSgoS ~r:!12 Q~T 29 ~~ ! ~ ~ ~ 1 DETHLEFS-PYKOSH LAW GROUP, LLC 2132 Market Street C~M~~R~~~~ ~~~~~~~r camp ti~u. -~:a 17oi i PEFtNSYLVAt~IA Telephone: ('717) 975-9446 Fax: (717) 975-2309 E-mail: ddethlefslci'aol.com MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 2012-605 -CIVIL KETHA M. LEHMAN and ROBERT S. LEHMAN, : Defendants :MORTGAGE FORECLOSURE JUDGMENT ENTERED COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS Before me, the undersigned authority, a notary public in and for said County and Commonwealth, personally appeared, Darrell C. Dethlefs, Esquire, attorney for Plaintiff, who being duly sworn according to law deposes and says that the Defendant, Ketha M. Lehman, is not in the military service of the UNITED SATES OF AMERICA to the best of his knowledge, information and belief. - ~.. -- Dated:_ ~ ~ ~ ~ ~ ~ _ Darr .Dethlefs, Esquire Sworn and subscribe before me this the o2J~ fiday of October, 2012. i , ~ ,. ~ My Commission Expires: 3 - 2 C~ - a ~ 1 c.,J ! C~ :L - ~__ ota u lied- f '.~~_,r....r.. COMMONWEALTH OF PENNSYLVANIf~ _ Notarial Seal Crystal L. Mahoney, Notary Public i Camp Hill Boro, C:umberiand County My Commission Expires Mardi 20, 2014 Member, Pennsylvania Assoclatbn cf NotaHe MID PENN BANK, Plaintiff, v. KETHA M. LEHMAN and ROBERT S. LEHMAN, Defendants To: Ketha M. Lehman IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 2012-605 -CIVIL MORTGAGE FORECLOSURE JUDGMENT ENTERED 556 Gutshall Road ~=_- Boiling Springs, Pennsylvania 17007 ~ `, ~? .~ ~` r~ ~ ~. ~ ~ ~ Keith M. Lehman ~ , `;' `« c/o, Dou_ylas G. Miller, Esquire ~,~~ ~ `~r~ 60 West Pomfret Street d'.~,~,~ ~<~,,,'~ Carlisle, Pennsylvania 17013 ~ ~-;`r~. ~L'~ > >, .r„ Lehman Robert S ~ ~ ~'. .~. . 907 Patton Drive -~- Carlisle, Pennsylvania 17013-1657 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: Date: March 6, 2013 Time: 10:00 am Eastern Time LOCATION: Cumberland County Courthouse Office of the Sheriff OnE~ Courthouse Square Carlisle, Pennsylvania 17013 The real estate at 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007, is scheduled to be sold at the Sheriff's sale on March 6, 2013 at 10:00 am at the Cumberland County Courthouse, to enforce the court judgment in the original principal amount of $178,750.88 plus interest of $10,939.50 current as of January 24, 2012 and accruing thereafter at the simple rate of 6.25% per year until time of sale and costs, obtained by Mid Penn Bank against 'you and docketed at 2012- 605-CIVIL in the Prothonotary's Office in and for Cumberland County, Pennsylvania. In i:he event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNERS RIGHTS `SOU MAY BE ABLE TO PRE\~ENT THIS SHERIFF'S SALE 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 l~'OU. lT__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. To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to Ross H. Ernest and Linda M. E=rnest the judgment amount, interest, costs and reasonable attorney's fees due. To find out how much you must pay, you may contact Mid Penn Bank c/o Darrell C. Dethlefs, Esquire, 2132 Market Street, Camp Hill, Pennsylvania 17011 (717) 975-9446. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may ask the Court to postpone the sale for good cause. 3. You malt also be able to stop the sale through other Legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the greater chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is. not stopped, your property will be sold to the highest bidder. You may find out the price bid by contacting Mid Penn Bank c/o Darrell C. Dethlefs, Esquire, 2132 Market Street, Camp Hill, Pennsylvania 17011 (717) 975- 9446. 2. You may be able to petition the Court to set aside the sale if thE~ bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff, and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal action to evict you. 6. Yau may be entitled to a share of the money which was paid for the property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within 10 days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after 'the sale. YOU SHOULD TAKE THiS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CONTACT THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN OBTAIN LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 Toll Free (in PA): 1-800-990-9108 Notice: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the Plaintiff is not present at the sale. LEGAL DESCRIPTION OF PROPERTY TO BE SOLD 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007 TRACT NO. 1 On the North by land formerly of L.D. Gutshall, later of Esther Gutshall; on the East by Mountain Street; on the South by lands formerly of George Donley, later of Tolbert Murphey, and on the West by a sixteen (16) foot alley. Containing fifty (50) feet in front of Mountain Street and one hundred sixty ('160) feet in depth, having thereon erected a ore and one half story frame dwelling house. TRACT NO. 2 On the North by lot now or formerly of Charles Kennedy on the South by lot now or formerly of Augustus Lehman; on the East b Mountain Street; and on the West by an Alley; then said lot containing forty (40) feet in front of Mountain Street, more or less, and extending in depth to said Alley, a distance of one hundred and sixty (160) feet. Being known as 556 Gutshall Road, Boling Springs, Cumberland County, Pennsylvania 17007. ~, Respectf II Submitted: '~ L~ I '2, Date. Darrell C. ethlefs, Esquire ID 58805 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Plaintiff LEGAL DESCRIPTION OF PROPERTY TO BE SOLD Sale Number: ~... Name of Law Firm Representing Plaintiff: Dethlefs-Py t. kosh Law Grou~'r_LL~ y ~': t~7 .~- Judgment Amount: Amount Due: O '. ~~ N Principal Balance: $178.740.88 J, y, ~ y ,~,, ~ ° Interest throu h 1-24-12 : ( 9 ) $10,939.50 ' '~ -~' c' c~ ~'' ~= c~ Title Report: $75.00 ~ -~ r-j ~ o' ° ' Court Costs: $TBD ~ ~ '' ' -~ ~ 2 ~`' ;`. ~ ' " Late Charges: $759.00 ~ - Total: $190,514.38 Interest: Additional interest accruing on the Principal Balance at the simple rate of 6.25% per year from January 25, 2012 through date of satisfaction Costs: $TBD -Costs of Judgment & Sale to be added Situate in Boiling Springs, Monroe Township, Cumberland County, Pennsylvania Tax Parcel # (22-31-2173-015) Premises Being : 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007 Seized and Sold as the property of Ketha M. Lehman and Robert S. Lehman to satisfy a judgment obtained by Mid Penn Bank at Cumberland County, Pennsylvania, Court of Common Pleas Docket Number 2012-605-CIVIL. Legal Description 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007 TRACT NO. 1 On the North by land formerly of L.D. Gutshall, later of Esther Gutshall; on the East by Mountain Street; on the South by lands formerly of George Donley, later of Tolbert Murphey, and on the West by a sixteen (16) foot alley. Containing fifty (50) feet in front of Mountain Street and one hundred sixty (160) feet in depth, having thereon erected a one and one half story frame dwelling house. TRACT NO. 2 On the North by lot now or formerly of Charles Kennedy on the South by lot now or formerly of Augustus Lehman; on the East b Mountain Street; and on the West by an Alley; then said lot containing forty (40) feet in front of Mountain Street, more or less, and extending in depth to said Alley, a distance of one hundred and sixty (160) feet. Being known as 556 Gutshall Road, Boling Springs, Cumberland County, Pennsylvania 17007. SHERIFF"S OFFICE OF CUMBERLAND COUNTY Ronny Anderson ! 0° '`i' Y �..w�i` r�E 41;.. Sheriff 0 F i NE PR 0TH0N0TiAf'¢` Jody s smith 2 '3 MAY - 8 A Chief Deputy �� � ������ � AM 10: 011i E . Richard W Stewart CUMBERLAND COUNT"' Solicitor OFVCE OF Ti"E`" �'�� PENNSYLVANIA Mid Penn Bank vs Case Number Ketha Marie Lehman(et al.) 2412-605 SHERIFF'S RETURN OF SERVICE 01/03/2013 Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 556 Gutshall Road, Boiling Springs, PA 17007, Cumberland County, on 1/2/2413 at 2020 hrs. 01/03/2013 03:50 PM - Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant,to wit: Ketha Marie Lehman at 556 Gutshall Road, Monroe Township, Boiling Springs, PA 17007, Cumberland County. 01/07/2013 03:14 PM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be LIBBY CURNUTT- DEFT. GIRLFRIEND, who accepted as"Adult Person in Charge"for Robert Scott Lehman at 11 PEIPER CT, WEST PEENSBORO, CARLISLE, PA 17015, Cumberland County. 03/07/2013 Ronny R.Anderson, Sheriff, 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 Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Darrel Dethlefs, on behalf of Mid Penn Bank, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,012.67 SO ANSWERS, May 06, 2013 RbNW R ANDERSON, SHERIFF je --2S pd Darrell C. Dethlefs Esquire I D#58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 ddethlefs(a Attorney for Plaintiff MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 2012-605 - CIVIL KETHA M. LEHMAN and : ROBERT S. LEHMAN, Defendants '. MORTGAGE FORECLOSURE JUDGMENT ENTERED AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 Mid Penn Bank, Plaintiff in the above captioned action, by and through its attorneys, the Dethlefs-Pykosh Law Group, LLC, set forth, as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 1. Name and Address of Owner(s) or reputed Owner(s) Ketha M. Lehman 556 Gutshall Road Boiling Springs, Pennsylvania 17007 Ketha M. Lehman c/o, Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 Robert S. Lehman 907 Patton Drive 1 Carlisle, Pennsylvania 17013-1657 2. Name and address of Defendants in the Judgment Ketha M. Lehman 556 Gutshall Road Boiling Springs, Pennsylvania 17007 Keith M. Lehman c/o, Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 Robert S. Lehman 907 Patton Drive Carlisle, Pennsylvania 17013-1657 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Mid Penn Bank 349 Union Street Millersburg, Pennsylvania 17061 CHECK SEARCH RESULTS FOR ADDITIONAL JUDGMENT CREDITORS 4. Name and address of last recorded holder of every mortgage of record: Name: Mid Penn Bank 349 Union Street Millersburg, Pennsylvania 17061 5. Name and address of every other person who has any record lien on the property NONE 6.. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. NONE 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. 2 DEPARTMENT OF PUBLIC WELFARE PO Box 2675 Harrisburg, PA 17105 DOMESTIC RELATIONS OF CUMBERLAND COUNTY P.O. Box 320 Carlisle, PA 17013 TENANT/OCCUPANT 556 Gutshall Road Boiling Springs, Pennsylvania 17007 COMMONWEALTH OF PENNSYLVANIA, BUREAU OF INDIVIDUAL TAX, INHERITANCE TAX DIVISION 6TH Floor, Strawberry Sq. Dept. 28061 Harrisburg, PA 17128 INTERNAL REVENUE SERVICE 1000 Liberty Avenue Pittsburgh, PA 15222 DEPARTMENT OF PUBLIC WELFARE' WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105 CUMBERLAND COUNTY TAX CLAIM BUREAU 1 Courthouse Square, Room 106 Carlisle, PA 17013 BOROUGH OF CARLISLE 53 West South Street Carlisle, PA 17013 INTERNAL REVENUE SERVICE TECHNICAL SUPPORT GROUP ADVISORY GROUP, 3 William Green Federal Building 600 Arch Street, Room 3259 Philadelphia, PA 19106 DEPARTMENT OF REVENUE BUREAU OF CORPORATION TAXES P.O. Box 280427 3 F , Harrisburg, PA 17128-0407 ATTORNEY GENERAL OF U.S. U.S. Dept. of Justice, Rm 511 Main Justice Bldg. 10th & Constitution Avenue, N.W. Washington DC 20531 1 UNITED STATES OF AMERICA U.S. DEPARTMENT OF JUSTICE U.S. Attorney, Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108-1754 CUMBERLAND COUNTY ADULT PROBATION One Courthouse Square Carlisle, PA 17013 KETHA M. LEHMAN 556 Gutshall Road Boiling Springs, Pennsylvania 17007 DOUGLAS G. MILLER, ESQUIRE 60 West Pomfret Street Carlisle, Pennsylvania 17013 ROBERT S. LEHMAN 907 Patton Drive Carlisle, Pennsylvania 17013-1657 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PaAC.S. 904 re lating to unsworn falsification to authorities. Rbmitted: Date: )J - 2 Darre C. Dethlefs, Esquire ID 58805 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Plaintiff 4 Darrell C. Dethlefs.Esquire 1.1).#58805 DETHLEFS-PYKOSII LAW CROUP,LLC 2132 Market Street Camp I lilt.PA 17011 Telephone:(717)975-9446 Fax: (717)975-2309 E-mail:dcicthlefs4hol.com MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : No.: 2012-605 - CIVIL KETHA M. LEHMAN and ROBERT S. LEHMAN, Defendants MORTGAGE FORECLOSURE JUDGMENT ENTERED , "4,-_,2aheriff's Sale of Real Property To: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER: KETHA M. LEHMAN and ROBERT S. LEHMAN PLAINTIFF/SELLER: MID PENN BANK DEFENDANT: KETHA M. LEHMAN and ROBERT S. LEHMAN PROPERTY: 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007 CUMBERLAND C.C.P. NO.: 2012-605-CIVIL The above captioned property is scheduled to be sold at Sheriff's Sale on March 6, 2013 at 10:00 am in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. You may hold a judgment on the property which may be extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution wil be made in accordance with the schedule unless exceptions are filed thereto withi 10 days after the filing of the schedule. Date: 1 t2- Darrel . Dethlefs, Esquire Attorney for Plaintiff A LEGAL DESCRIPTION OF PROPERTY TO BE SOLD Sale Number: Name of Law Firm Representing Plaintiff: Dethlefs-Pykosh Law Group, LLC Judgment Amount: Amount Due: Principal Balance: $178.740.88 Interest (through 1-24-12): $10,939.50 Title Report: $75.00 Court Costs: $TBD Late Charges: $759.00 Total: $190,514.38 Interest: Additional interest accruing on the Principal Balance at the simple rate of 6.25% per year from January 25, 2012 through date of satisfaction Costs: $TBD — Costs of Judgment & Sale to be added Situate in Boiling Springs, Monroe Township, Cumberland County, Pennsylvania Tax Parcel # (22-31-2173-015) Premises Being : 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007 Seized and Sold as the property of Ketha M. Lehman and Robert S. Lehman to satisfy a judgment obtained by Mid Penn Bank at Cumberland County, Pennsylvania, Court of Common Pleas Docket Number 2012-605-CIVIL. Legal Description 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007 TRACT NO. 1 On the North by land formerly of L.D. Gutshall, later of Esther Gutshall; on the East by Mountain Street; on the South by lands formerly of George Donley, later of Tolbert Murphey, and on the West by a sixteen (16) foot alley. Containing fifty (50) feet in front of Mountain Street and one hundred sixty (160) feet in depth, having thereon erected a one and one half story frame dwelling house. TRACT NO. 2 On the North by lot now or formerly of Charles Kennedy on the South by lot now or formerly of Augustus Lehman; on the East b Mountain Street; and on the West by an Alley; then said lot containing forty (40) feet in front of Mountain Street, more or less, and extending in depth to said Alley, a distance of one hundred and sixty (160) feet. Being known as 556 Gutshall Road, Boling Springs, Cumberland County, Pennsylvania 17007. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 2012-605 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MID PENN BANK Plaintiff(s) From KETHA M.LEHMAN and ROBERTS. 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 garnishee and is enjoined as above stated. Amount Due: $178,740.88 L.L.: $.50 Interest (through 1-24-12): -$10,939.50 Additional interest accruing on the Principal Balance at the simple rate of 6.25%per year from January 25,2012 through date of satisfaction. Atty's Comm: % Due Prothy:$2.25 Atty Paid: $243.95 Other Costs:Title Report-$75.00 Late Charges: $759.00 Plaintiff Paid: Date: 10/29/2012 _ David D. Buell,Prothonotary (Seal) P�Q-- Deputy REQUESTING PARTY: Name: Darrell C. Dethlefs,Esq. Address: Dethlefs-Pykosh Law Group,LLC 2132 Market Street Camp Hill,PA 17011 Attorney far:PLAINTIFF TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand Telephone: 717-975-9446 and the na2J of said Court at isle, a. /Z This,a L day of_._.._-r.--f Supreme Court ID No. 58805 Prothonotary On October 31, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered as, 556 Gutshall Road, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 31, 2012 By: Ok Real Estate Coordinator q;� :� d I ia0 �I�l CUMBERLAND LAW JOURNAL Writ No. 2012-605 Civil Mid Penn Bank vs. Ketha Marie Lehman, Robert Scott Lehman Atty.: Darrel C. Dethlefs 556 Gutshall Road, Boiling Springs,Cumberland County,Penn- sylvania 17007. TRACT NO. 1 On the North by land formerly of L.D. Gutshall, later of Esther Gut- shall; on the East by Mountain Street; on the South by lands for- merly of George Donley,later of Tol- bert Murphey,and on the West by a sixteen(16)foot alley. Containing fifty (50) feet in front of Mountain Street and one hundred sixty (160) feet in depth, having thereon erected a one and one half story frame dwelling house. TRACT NO. 2 On the North by lot now or former- ly of Charles Kennedy on the South by lot now or formerly of Augustus Lehman; on the East b Mountain Street; and on the West by an Alley; then said lot containing forty(40)feet in front of Mountain Street,more or less, and extending in depth to said Alley,a distance of one hundred and sixty(160)feet. Being known as 556 Gutshall Road, Boling Springs, Cumberland County,Pennsylvania 17007. 79 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: January 25, February 1, and February 8, 2013 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. sa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this da of February, 2413 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technolbgy Pkwy the atr1*otwXews Suite 3'00 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 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 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly 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. 2012-M mildoe m This ad ran on the date(s)shown below: Vs' KOO&� ,i 01122113 Robert Saatt t.ehmrAtr 01/29/13 Atty: .q*TM C.D6t Ook 556 Gutshall Roil,.Boiling. Springs, .--- 02/05/13 Cumberland County,Pennsylvania 17007 TRACrNO.I On the North by land formerly of LD. . . . . . _ . . . . . . . . . . . . . . Cnttshall,later of Esther.Gutshall;on the East by Mountain Street;on the South by lands formerly of George Donley,later Sworn to and subscribed before me is 14 day of February, 20n A.D. of 1blbertMurphey,and on the Weat by a sateen(16)foot alley. Containing fttty (50) feet in front of Mountain, Street gild one hundred sixty (160)feet in depth,having-theieon erected N u l lc a one and one half y flame dwelling house. TRACT NO.2 On the North by lot now or formerly of COMMONW P PENNSYLVANIA Charles Kennedy on the South by lot now Notarial Seal or formerly of Augustus Lehman;on the Holly Lynn Warfel,Notary Public East b Mountain Street;and on the Wesst by Washington Twp.,Dauphin County an Alley;then said lot containing forty(40) My Commission Expires Dec.12,2016 feet in front of Mountain Street,more or' MEMBER,PENNSYLVANIA ASSOCIATION Of NOTARIES less,and extending in depth to said Alley,a distaw of ont hundred and sixty(160)feet. Being known as 556 Gutshall Road,Boling Springs,Cumberland County,ftmghania 17007.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Mid Penn Bank is the grantee the same having been sold to said grantee on the 6th day of March A.D., 2013, under and by virtue of a writ Execution issued on the 29th day of October, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 605, at the suit of Mid Penn Bank against Ketha M. Lehman and Robert S. Lehman is duly recorded as Instrument Number 201315010. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. O /3 z AZI�gi Recorder of Deeds ,06ft bertand County,Carlisle,PA My Commis fires the Fast Monday of Jan.2014