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HomeMy WebLinkAbout13-3392 4 For Prothonotary Use Only: Suprem e Cour . Hof'Pe nn -a Docket No. Gum�b nd n'ty QA ___� I - S 3 The information collected on this form is used solely for court administration purposes. This form does not supplement or rep lace the elin and service ofpleadings or other papers as required by lmv or rules o court. Commencement of Action: ® Complaint 13 Writ of Summons ❑ Petition S E 11 Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Nationstar Mortgage LLC Lead Defendant's Name: Dennis J Lehman T I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits O (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: McCabe, Weisberg and Conway, P:C. ❑ Check here if you have no attorney (a Self - Represented I Pro Sel Litigant) m— Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment • Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections • Nuisance ❑ Department of Transportation ❑ Premises Liability (does not include 0 Statutory Appeal: Other l S . mass tort) I I E ❑ Slander/Libel/ Dbfamation ❑ Employment Dispute: ❑ Other: Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other I O ❑ Other MASS TORT N ❑ Asbestos ❑ Tobacco • Toxic Tort - DES ❑ Toxic Tort -Implant MISCELLANEOUS B ❑Toxic Waste REAL PROPERTY ❑ Ejectment ❑ Common Law /Statutory Arbitration O Other: O Eminent Domain /Condemnation ❑ Declaratory Judgment O Ground Rent ❑ Mandamus ❑ Landlordfrenant Disput ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑Partition O Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: I L Updated 1/1/2011 1 13 COUNTY P ENtis YLYANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790 -1010 Nationstar Mortgage LLC Cumberland County 350 Highland Drive Court of Common Pleas Lewisville, TX 75067 V. Number � Dennis J Lehman 231 Pine Grove Road Gardners, PA 17324 and Melanie A Lehman 231 Pine Grove Road Gardners, PA 17324 COMPLAINT IN MORTGAGE FORECLOSURE )d3 7 C� CI( IL 12-4 Re a1 Page 1 NOTICE AVISO You have been sued in court. If you wish to defend Le han demandado a usted en la corte. Si usted quiere against the claims set forth in the following pages, you defenderse de estas demandas ex- puestas en las paginas must take action within twenty (20) days after this siguientes, usted tiene veinte.(20) dias de plazo al partir complaint and notice are served, by entering a written de la fecha de la demands y la notificacion. Hace falta appearance personally or by attorney and filing in asentar una comparencia escrita o en persona o con un writing with the court your defenses or objections to the abogado y entregar a la corte en forma escrita sus claims set forth against you. You are warned that ifyou defensas o sus objeciones a las demandas en contra de fail to do so the case may proceed without you and a su persona. Sea avisado que si usted no se defiende, la judgment may be entered against you by the court corte tomara medidas y puede continuar la demanda en without further notice for any money claimed in the contra suya sin previo aviso o notificacion. Ademas, la complaint or for any other claim or relief requested by corte puede decidir a favor del demandante y requiere the plaintiff. You may lose money or property or other que usted cumpla con todas las provisioner de esta rights important to you. demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT USTED LE DEBE TOMAR ESTE PAPEL A HAVE A LAWYER, GO TO OR TELEPHONE THE SUABOGADO INMEDIATAMENTE. SI USTED NO OFFICE SET FORTH BELOW. THIS OFFICE CAN TIENE A UN ABOGADO, VA A O TELEFONEA LA PROVIDE YOU WITH INFORMATION ABOUT OFICINA EXPUSO ABAJO. ESTA OFICINA LO HIRING A LAWYER. PUEDE PROPORCIONAR CON INFORMATION IF YOU CANNOT AFFORD TO HIRE A ACERCA DE EMPLEAR A UN ABOGADO. LAWYER, THIS OFFICE MAY BE ABLE TO SI USTED NO PUEDE PROPORCIONAR PROVIDE YOU WITH INFORMATION ABOUT PARA EMPLEAR UN ABOGADO, ESTA OFICINA AGENCIES THAT MAY OFFER LEGAL SERVICES PUEDE SER CAPAZ DE PROPORCIONARLO CON TO ELIGIBLE PERSONS AT A REDUCED FEE OR INFORMACION ACERCA DE LAS AGENCIAS NO FEE. QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN Cumberland County Bar Association HONORARIO REDUCIDO NI NINGUN Court Administrator HONORARIO. 32 South Bedford Street 117 Baltimore Street Cumberland County Bar Association Carlisle, PA 17013 Court Administrator (800) 990 -9108 32 South Bedford Street 117 Baltimore Street Carlisle, PA 17013 (800) 990 -9108 File # 71124 Page 2 This is a communication from a debt collector who is attempting to collect a debt, and any information obtained will be used for that purpose. Unless, within thirty (30) days after your receipt of this communication, you dispute the validity of the debt, or any portion of the debt, we will assume that the debt is valid. If you notify us in writing within thirty (30) days of your receipt of this communication that the debt, or a portion of the debt, is disputed, we will obtain verification of the debt or a copy of the judgment against you, and we will mail to you a copy of the verification or judgment that we obtain. Upon your written request to us within thirty (30) days of your receipt of this communication, we will provide to you the name and address of the original creditor, if different from the current creditor. Case Name: Nationstar Mortgage LLC v. Dennis J Lehman and Melanie A Lehman Cumberland County File # 71 124 Page 3 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Nationstar Mortgage LLC, duly organized and doing business at the above - captioned address. 2. The Defendant is Dennis J Lehman, who is the mortgagor and owner of the mortgage property hereinafter described, and his/her last -known address is 231 Pine Grove Road, Gardners, PA 1.7324. 3. The Defendant is Melanie A Lehman, who is a mortgagor of the mortgage property hereinafter described, and his/her last -known address is 231 Pine Grove Road, Gardners, PA 17324. 4. On May 30, 2003, Dennis J Lehman and Melanie A Lehman, mortgagors, made, executed and delivered a mortgage upon the premises hereinafter described to Consumer Mortgage Services, Inc., A Pennsylvania Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1816, Page 4769 ( "the Mortgage "), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 5. On May 30, 2003, the Mortgage was assigned by Consumer Mortgage Services, Inc., A Pennsylvania Corporation to Lehman Brothers Bank, FSB„ by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Book 698, page 1499, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 6. On April 3, 2004, the Mortgage was assigned by Lehman Brothers Bank, FSB to Mortgage Electronic Registration Systems, Inc. A Delaware Corporation, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Book 707, page 2706, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 7. On March 31, 2011, the Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. to Aurora Loan Services LLC, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Instrument Number 201112903, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. File 4 71124 Page 4 8. On June 26, 2012, the Mortgage was assigned by Aurora Loan Services LLC to Nationstar Mortgage, LLC, Plaintiff herein, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Instrument Number 201302090 , such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 9. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 231 Pine Grove Road, Gardners, Pennsylvania 17324. 10. The mortgage is in default because monthly payments of principal and interest upon said mortgage due September 1, 2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 11. The following amounts are due on the mortgage: Principal Balance $ 77,004.34 Interest From August 1, 2012 through May 24, 2013 $ 5,477.99 (Plus $18.46 per diem thereafter) Escrow Advance $ 444.72 Property Inspection Fee $ 12.00 GRAND TOTAL $ 82,939.05 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 12. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. File 4 71124 Page 5 WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $82,939.05, together with interest at the rate of $18.46 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY, P.C. BY: [ ] Terrence J. NjcCabc, Esquire [ ] Marc S. Weisberg, Esquire [ ] Edward D. Cronway, Esquire [-]''Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Kevin T. McQuail, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Joseph I. Foley, Esquire Attorneys for Plaintiff File # 71124 Page 6 VERIFICATION Evie Ng hereby states that he /she is Assistant Secretary of Nationstar Mortgage LLC, Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements of fact made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: E 'e Nguyen DATE: 2 2� Title: Assistant Secretary File #: 71124 Name: Nationstar Mortgage LLC v. Dennis J Lehman and Melanie A Lehman File # 71124 Page 7 4 � Exhibit "A" (Page 26 of 56) 1 nn : Numhor 1 Q'3 d Q q Q Loan Number: 19349259 Ante: MAX 30, 2003 Property Address: 231 PINE GROVE RD, GA.RDNERS, PENNSYLVANIA 17324 EXHIBIT "A" LEGAL DESCRIPTION ALL that eerrain lot of 'ground VITUR + AT Totsno in the Town - 41P Of DickinSOn afo r esaid. baler q deeigttatW un e'"Ran of Lots at Toittnd" ahtered fat record In the Office for R000feing of Lived In Plan Book 3, Page 68. which tot herein co1weyed is dcsignbW on avid Plan, t0961riSr With the Ube of +- rommon land between twofiotis and 04 fWlibe wad,' ono the ue0 of the wait and qumP On the Common lend Mon@ with other lot owners. BEING the aamo Atamigniq which Ethel W4ndeenoker and l40M fl)ttN%os, ill. by tnair deed dated August 3. 1992 an0 recorded August 4, 1991 in tho Office of the R G enrd er of Oeetlo in oral for Curnbcdand County, Pennsvtvanla, fn f?tieo $nok "U ", V olume 3f3, f'+aga 989, grunted and conveyed unto Cherie$ 9. Windomaker and khwr Windamekov. "io wit*- e)ocMaVkeWMWse SM648•062 www: docmegia.aom 8 ! 6 P 4 7 8 5 ��nitirniiiauul��l� iii lil Iii iuuult 111111 fi ll FORM 1 c. Nationstar Mortgage LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENN SYL NIA, y ,, C --' CD 9 ? "Z Dennis J Lehman and Melanie A Lehman ivil r'� :I: Defendants c = ? r "in CD err NOTICE OF RESIDENTIAL MORTGAGE FORECLOSMY DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a .Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: - hAc Date [Signature Counsel for Plaintiff] 71124 Page I FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CL)'S - I'ON1IER/PR1,N1/klZ)' APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? CO-13ORRONNIEIZ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? FINANCIAL INFORNIATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Y Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2n Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes ❑No❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am /are under no obiligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements f Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) f Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson � = Sheriff at :if�n f, C w kop Jody S Smith i3O Chief Deputy � r n r- cv . Richard W Stewart `` ��' --+ SolicitorF ' �' r C)-.1 -j A C «_ ZC C) Nationstar Mortgage, LLC {J Case Number vs. 2013-3392 Dennis J. Lehman (et al.) SHERIFF'S RETURN OF SERVICE 06/17/2013 Sergeant Jason Viroal served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Dennis J. Lehman at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. JL, DEPUTY 06/17/2013 02:25 PM - Deputy William Cline, being duly sworn according to la quested Notice of Reside ntial Mortgage Foreclosure Diversion Program and Compla Foreclosure by handing a true copy to a person representing themselves to be Anthony Amadure, Husband,who accepted as "Adult Person in Charge"for Melanie A. Lehman at 75 Spruce Avenue, South M dleton, Carlisle, PA 17013. ILLIA CLINE, DEPUTY SHERIFF COST: $50.78 SO ANSWERS,�2, -°2 x/�, June 18, 2013 RONNY R ANDERSON, SHERIFF (c)CountySuito Sheriff,Teleosott,Inc. NATIONSTAR MORTGAGE LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2013- 3392 CIVIL TERM 4 C DENNIS J. LEHMAN and, : CIVIL ACTION .�„Z .,q MELANIE A. LEHMAN, rnto �+ = Defendants 2 , 9--:z C 0 A µrs PETITION FOR CONCILIATION CONFERENCE =C:) 1. Petitioner is Robert L. O'Brien, Esquire. 2. Petitioner was contacted by Dennis J. Lehman,who met with Petitioner. Mr. Lehman met with a counselor on July 16, 2013 . Mr. Lehman has stated an interest in the mortgage conciliation process. 3. Petitioner only represents Mr. Lehman as he and Melanie A. Lehman were divorced and the property was transferred to him in October,.2010. 4. Petitioner requests that Mr. Lehman and the Plaintiff participate in the mortgage diversion program. Respectfully submitted, Robe L. O'Brien By: Robert L.L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 249-6873 FORM 1, 17"1 Nationstar Mortgage LLC IN THE COURT OF COMMON PLE C-- Plaintiff CUMBERLAND COUNTY,PENNSY' 19- �;D;Z:j C_-) VS. Dennis J Lehman and Melanie A Lehman 3 Civil Defendants NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference.First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you.Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf.If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the fore6losure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf.If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court which must be filed with the Court within sixty-(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to-work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR ROME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY.THIS NOTICE.THIS PROGRAM IS FREE. Respectfully submitted: Date [Signature Counsel for Plaintiff] 71124 Page I FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: ' 13- a 613 Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): 'PENN IS 'Zo m yV s, Leh rnnn . Property Address: o13i PiWE GT64f i�.q City: •c r A 111,Grs State: Zip: �, a Is the property for sale? Yes❑NOK Listing date: Price$ Realtor Name: Realtor Phone: Borrower Occupied? YesXNo❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: -71-7 3 W5• oZ(o Other: Email: tj/A #of people on household: 1' How long? u eGP 5 CO-BORROWER Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: o Cell: Other: Email: #of people on household: How long? FINANCIAL INFORMATION First Mortgage Lender: N41611 S4rg,r Type of Loan: Home Loan Number: CS 6046PS-1 Date You Closed Your Loan: K Second Mortgage Lender: PRE—A Type of Loan: C-oo e,e,+ oral N E M.4 P Loan Number: " E (70©1 S 17(p2lo I Total Mortgage Payment Amount$ '97 9 17 Included Taxes&Insurance: Date of Last Payment: Au.ci x012 Primary Reason for Default: Loss oQ YN G©M•2 d Ug- ' C, wn e�rr�plpyryti��`� Is the loan in Bankruptcy? Yes❑Nom. i If yes,provide names,location of court,case number&attorney: Assets Amount Owed: Value Home: $ 3toc�•R3 $ q 3,U(ey Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ -- $ Checking: $ $ /'S °a Savings: $ $ "q,!5,0 Other: $ n $ p Automobile#1: Model: Pon���ac l s Am Year: Amount owed: Value: SOO.OD Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model Year: Amount owed: Value: Monthly Income N�e of Employers: " 1. i.�ocoje5 u 9.5.00 ), 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: W g F Y-1 I Co-Borrower Pay Days: Monthly Expenses:(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 60 2nd Mortgage aS,oo Utilities S%7. Car Payment(s) — Condo/Neigh.Fees Auto Insurance Med.(not covered) o m Auto fuel/repairs $D.°O Other prop.payment Install.Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care/Tuit. Other Expenses •eo Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Z14,10 _ Ll 3•y S Have you been working with a Housing Counseling Agency? Yes K•No❑ If yes,please provide the following information: Counseling Agency: o 11 Qv��0.ci� Counselor: AAev Mar�e- Phone(Office): $ -Jr -222 Fax: It •-SW '/670 2 Email: Q Ct"C,i �J 6rr�� £ CGS Q Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? YesANo 0 If yes,please indicate the status of the application: Yn na ari we Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes)<No 0 , If yes,please indicate the status of those negotiations: 'X f Ok krl-C CtXY1 (X'f 01A A4 EVE{U t VVC Please provide the following information,if known,regarding your lender or lender's loan servicing company: ,/ Lender's Contact(Name): Noy�%on S*qd' Phone: 9 -'ge6t-4W`AP Servicing Com any(Name): Contact: °T M t CA Y oor"e Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation'for possible mortgage options. IAVe understand that I/we am/are under no obiligation to use the services provided by the above named "? - 1300 / 3 Borrower Signa a Date Co-Borrower Signature Date ' Please forward this document along with the following information to lender and lender's counsel: I Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation(hardship letter) Fr V Listing agreement(if property is currently on the market) 3 NATIONSTAR MORTGAGE LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAW C=, VS. CIVIL ACTION mm G5 G5 NO. 13-3392 CIVIL <> c a 7 DENNIS J. LEHMAN and MELANIE A. LEHMAN, Defendants y ',z CASE MANAGEMENT ORDER ^' AND NOW, this day of August, 2013, the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2)which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court,the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2.is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference,the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, Kev' . Hess, P.J. Margaret Gairo, Esquire 123 S. Broad Street, Suite 1400 Philadelphia, PA 191093 For the Plaintiff /k�obert L. O'Brien, Esquire 19 West South Street Carlisle, PA 17013 For the Defendants :rlm t�S 1 'c.oct LL NATIONSTAR MORTGAGE LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2013- 3392 CIVIL TERM *'0Z CZ: rn DENNIS J. LEHMAN and, CIVIL ACTION MELANIE A. LEHMAN, Defendants :z- C-) I> • J J� ANSWER AND NEW MATTER Z Robert L. O'Brien,Esquire appears on behalf of the Defendant Dennis J. Lehman; 1. Admitted. 2. Admitted. 3. The former Ms. Lehman was released from responsibility on the note and mortgage by Aurora Loan Services. 4. Through 8. Proof of proper assignments in the chain recited is demanded. 9. Admitted. 10. Proof of the balance due is requested. 11. Proof of the balance due is requested. 12. Proof of the proper noticing is requested. NEW MATTER 13. Plaintiff and the predecessors in interest of Plaintiff had obligations imposed by the United States Treasury Department to consider and offer loan modifications, such as the RAMP program to homeowners such as Mr. Lehman. 14. Mr. Lehman attempted to have recourse to this loan modification process and his applications were ignored, misplaced, neglected or otherwise not handled in accordance with the spirit and intention of the homeowners programs that were designed to deal with the housing crisis that arose several years ago. .15. Mr. Lehman has made an application to the County mortgage mediation program and hopes that he can reach an accord with the Plaintiff. If he cannot reach an accord he intends to defend the action by questioning the process used by the various mortgage holders in dealing with his rights under the applicable mortgage modification programs. Respectfully submitted, Robert L. O'Brien By: Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 249-6873 I verify that the statements made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. This verification is signed by Robert L. O'Brien, Esquire, attorney for Defendant and is based upon statements provided by the Defendant and other persons, as well as documents reviewed by the undersigned as attorney for Defendant. This verification will be substituted and ratified by.a verification signed by the Defendant(s) who are presently unavailable to sign said verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Robert L. O'Brien, Rquire Dated: dab.diricorporateleentralpadatalunsworn.ver CERTIFICATE OF SERVICE I hereby certify that on August 29, 2013, 1, Robert L. O'Brien, Esquire, did serve a copy of Mr. Lehman's Answer and New Matter and Petition For Conciliation Conference, by U.S. mail, postage prepaid, to the parties listed below, as follows: McCabe, Weisberg and Conway, P.C. 123 South Broad Street Suite 1400 Philadelphia, PA 19109 Robert L. O'Brien, Esquire 19 West South Street Carlisle, PA 17013 NATIONSTAR MORTGAGE LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. tW CIVIL ACTION —AT LAW , -s DENNIS J. LEHMAN and MELANIE A. MUD ter' LEHMAN, NO. 13-3392 Defendants r 2"- --� 3-c-) .a ANSWER TO COMPLAINT IN MORTGAGE FORECL�Er? ` Defendant Melanie A. Lehman by and through her attorneys Turo Robinson Attorneys at Law, submits the following in answer to Plaintiff's complaint. 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Melanie A. Lehman was a mortgagor of the property herein described. Because of her remarriage, Defendant is now Melanie A. Amadure and resides at 75 Spruce Avenue, Carlisle, PA 17013. 4. Admitted. 5. Defendant is without sufficient knowledge or information to form a belief about the-truth of the allegation. 6. Defendant is without sufficient knowledge or information to form a belief about the truth of the allegation. 7. Defendant is without sufficient knowledge or information to form a belief about the truth of the allegation. 8. Defendant is without sufficient knowledge or information to form a belief about the truth of the allegation. 9. Admitted. 10.Defendant is without sufficient knowledge or information to form a belief about the truth of the allegation. By way of further answer, Defendant Melanie A. Lehman, now Melanie A. Amadure, was relieved of all responsibility for this property and its related mortgage in favor of Defendant Dennis J. Lehman, pursuant to Paragraph 22 of a certain Property Settlement Agreement dated November 30, 2005 and filed in the Office of the Prothonotary of Cumberland County, Pennsylvania on June 9, 2006. (In pertinent part, copy attached hereto as Exhibit "A" and made a part hereof.) Furthermore, Defendant Melanie A. Lehman a/k/a Melanie A. Amadure, released and quitclaimed all interest she may have had in the property to Defendant Dennis J. Lehman in a Quitclaim Deed dated October 14, 2010 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, that same date, at Instrument Number 201029439. (Copy attached hereto as Exhibit "B" and made a part hereof.) 11.Defendant is without sufficient knowledge or information to form a belief about the truth of the allegation. See the answer to averment number 10 above. 12.Denied. Plaintiff Melanie A. Lehman did not receive any notices prior to receipt of the complaint even though the Complaint was hand delivered to and the Notice Pursuant to Rule 237.5 was mailed to her correct address. WHEREFORE, Plaintiff Melanie A. Lehman, now Melanie A. Amadure, requests that this honorable Court find in favor of Defendants and against Plaintiff and deny Plaintiffs requested relief. Respectfully submitted, TURD ROBINSON ATTORNEYS AT LAW Date Ja a M. Robinso , Esquire Su a Court ID No. 84133 129 South Pitt St et Carlisle, PA 17013 Telephone: (717) 245-9688 Attorney for Defendant Melanie A. Lehman PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, dated the JO day of November, 2005, by and between- DENNIS J. LEHMAN, residing at 231 Pine Grove Road, Gardners, PA 1 24f' hereinafter called the "Husband" , and MELANIE A. LEHMAN, formerly Taylor, residing at 148 Spring Road, Carlisle, PA 17013, hereinafter called the "Wife", who agree as follows: WITNESSETH; WHEREAS, the parties are Husband and Wife, having been married on September 5, 1998 in Carlisle, Cumberland County, Pennsylvania. The parties separated September,2004. WHEREAS,the parties have no children of their marriage. WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties,and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters between them relating to the past, present and future spousal support and alimony; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties EXHIBIT 5 „A hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce,pursuant to the terms of Section 3301(c) of the Divorce Code of 1980 as amended by Act No. 1990,206,effective 3-19-91, as amended. 2. EFFECT OF DECREE,NO MERGER It is specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree,judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not. either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree,judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to th;m for purposes of enforcement only of any provisions therein, but shall survive such decree. 3. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Joseph D. Buckley, Esquire, for WIFE, and HUSBAND has been given the opportunity to have the same reviewed by his independent counsel. The parties acknowledge that they have or received independent legal advice from counsel of their selection or have been given the opportunity to have the same reviewed by counsel and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances,fair and equitable and that it is being entered into freely and voluntarily, after having received such advice or having had the opportunity to have the same reviewed by counsel and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. S. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and that Wife does not wish to exercise her right to have appraisals by experts as to the value of the various interests of Husband. She understands that such appraisals would be Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or.which may arise under this Agreement or for the breach of any thereof, to include any rights pursuant to the Social Security Act. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 9. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code", 23 P.S. 3 101 et. seq. of the Commonwealth of Pennsylvania. And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the proper marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party;the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 10. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage or other instrument of the other pertaining to such disposition of property except for the vehicle in Wife's possession as described in the preceding paragraph. 11. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party. 12. SUBSEQUENT PERSONAL DEBTS Husband and Wife agree from time of the signing of this Agreement that each party shall be responsible for their own debts and hold each other harmless from same. There are no marital debts. 13. FUTURE DEBTS Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement, neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 14. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities,except for the obligations arising out of this Agreement. 15. BANKRUPTCY In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption(whether granted under State or Federal law)to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary,and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 16. INCOME TAX PRIOR RETURNS The parties have heretofore filed seperate Federal, State and Iocal income tax returns for the past three years. 17. 2005 INCOME TAX RETURN Husband and Wife agree that they shall file separate tax returns. 18. CUSTODY ' NOT APPLICABLE 19. ALIMONY The parties shall pay no alimony to each other. 20. MEDICAL INSURANCE Husband and Wife will continue with their own medical coverage. 21. RETIREMENT FUNDS A. The Husband is self employed and has no retirement plan. B. The Wife is employed by Ahold Financial Services and has a savings plan and pension plan. Husband waives any and all rights he has in any plans wife is entitled to through her employer. 22. REAL PROPERTY The parties own a residence located at 231 Pine Grove Road, Gardmers, Cumberland County PA 17324. The property is titled in both parties' names and held as tenants in the entireties. Husband currently resides in the residence and Wife resides in a separate apartment in Carlisle,PA. From the date following the signing of the agreement, Husaband shall be responsible for all mortgages,on the residence. .He shall also be responsible for all maintenance and payment of all necessary repairs, taxes, assessments and utilities. Husband agrees to hold Wife harmless from any and all creditors and lien holders. Wife u4:derstands that Husband is not currently in a financial position to obtain refinancing of the residence; therefore, for a period not to exceed three (3) years from the date of this agreement, Husband need not refinance the home. However, within three (3) years, Husband must have Wife's name removed from any and all mortgages on the property. Once Wife's name is removed from any and all mortgages, Wife shall execute a deed relinquishing any and all rights she has in the property. Irrespective of any increases in value of the property, Wife shall receive no portion of any proceeds if the property is sold or refinanced. 23. LIFE INSURANCE The parties may maintain and name any'person beneficiary of any life insurance policies they have in effect at the signing of this agreement or any future policies obtained. 24. DIVORCE Husband and Wife agree that Wife has filed a Complaint in Divorce on seeking a divorce on the basis irretrievable break-down. Husband and Wife bot h agree that at the time of signing this Agreement both parties will execute the required Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual consent. Husband and Wife both agree that each party is to bear their own attorney fees, costs and expenses in connection with this divorce and drafting and negotiation of this Agreement. And, the parties hereto state and agree that this Agreement shall not in any way be construed as a collusive agreement. 25. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves elves sufficient financial resources to provide for their comfort, rovi maintenance and support, in the station of life in which they are accustomed. Wif e and Husband do hereby waive; release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance, except as set forth in paragraph 19 of this Agreement relating to the alimony payments to Wife from husband. 26. ATTORNEY FEES, COSTS &EXPENSES i i I IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and I year first ove wiitten. IV i i DENNIS J. LE ess ANTE A. i COMMONWEALTH OF PENNSYLVANIA . ss COUNTY OF CUMBERLAND On this, the3d day of November, 2005, before me, a Notary Public, the undersigned officer, personally appeared Dennis J.Lehman and Melanie A. Lehman, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Property. Settlement Agreement, and acknowledged that they executed the same for the purposes therein contained. got; Public I NaPMO KAM KW KCM Nd"puft l0 _ 1 Cann eomJum 2.1.2009 gq L13! IFODRO Parcel No. 08-38-2112-0V QUITCLAIM DEED Made the It/ day of 0c:moae/' 2010; BETWEEN Melanie A. Lehman a/k/a Melanie A. Amadure, of Carlisle, Cumberland County, Pennsylvania, Grantor, AND Dennis J. Lehman, of Dickinson Township, Cumberland County, Pennsylvania, Grantee, MTNESSETH, that the Grantor, for and in consideration of One and 00/100 ($1.00) DOLLAR, lawful money of the United States of America, to the Grantor in hand' well and truly paid by the Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor being therewith fully salisfied, releases and quitclaims all interest in the following described real property situated in Cumberland County, Pennsylvania. ALL THAT CERTAIN tract of land situate in Toland, Dickinson Township, Cumberland County, Pennsylvania, being described according to a "Plan of Lots at Toland", recorded in the Recorder of Deeds Office for Cumberland County in Plan Book 3, Page 68 and which lot hereby quitclaimed is designated on said Plan as Not No. 12, with dimensions as marked on the Plan. BEING the same premises which Arthur L. Rhoads, 111, Executor of the Estate of Charles B. Windowmaker, by his deed dated May 30, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Deed Book 257, Page 2876, granted and conveyed unto Dennis J. Lehman and Melanie A. Lehman, then husband and wife. in all references herein to'any parties, persons, entities or corporations,,the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. 'Wherever in this instrument any party shag be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as of the words "heirs, executors, administrators, personal or legal representatives, successors and assigns"had been inserted after each and every such designation. EXHIBIT to t 0 s a IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal the day and year first above written. SIGNED, SEALED and DELIVERED in the presence of or ATTESTED by Va Mnie�ALegen a at 6 M Janie A. Amadure COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND : ss. BE IT REMEMBERED, that on October 14, 2010, before me the subscriber personally appeared Melanie A. Lehman a/k/a Melanie A. Amadure, known to me-or satisfactorily proven to be the persons whose names are subscribed to the within deed and acknowledged that they executed the same for the purpose therein contained. WITNESS my hand and seal the day and year aforesaid. NotarVublic 9 COMMONW TH OF PENNSYLVANIA Notarial Sea! James M.Robinson,Notary Public Carlisle Soro,Cumberland County My Commission Expires June 6,2073 Member,Pennsylvania Association of N4farfes i hereby certify that the precise mailing address of the Grantees is: PA e Attorn y or Grantee i s i ROBERT P. ZIEGLER RECORDER OF DEEDS COUNTY � � CUMBERLAND , .�.-:,, 1 COURTHOUSE SQUARE CARLISLE, PA 17013 _ a .717-240-6370 - Instrument Number-201029439 Recorded On 10/14/2010 At 2:02:14 PM *Total Pages-3 *Instrument Type-DEED Invoice Number-74715 User ED-ES *Grantor.-LEHMAN,MELANIE A *Grantee-LEHMAN,DENNIS J *Customer-RON TURO *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVVES FEE $3.00 CARLISLE AREA SCHOOL $0.00 DISTRICT DICKINSON TOWNSHIP $0.00 TOTAL PAID $62.00 I Certify this to be recorded in Cumberland County PA ° RECORDER O D ADS t�so *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOODRO III IIIIIIIIIII I I IIII III II III I i VERIFICATION I verify that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa-C.S. §4904 relating to unsworn falsification to authorities. &I W N bo 13 Date Melaifke A. Lehman aka;Melanie-' A. Amadure CERTIFICATE OF SERVICE I, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Answer to Complaint in Mortgage Foreclosure by first class, postage pre- paid and depositing same in the United States Mail, first class, postage pre-paid on the 30th day of August, 2013, from Carlisle, Pennsylvania, addressed as follows: Joseph I. Foley, Esquire McCabe, Weinberg and Conway, P.C. 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 TURO ROBINSON ATTORNEYS AT LAW 6 `• , A 4 q Ja a M. Robinso , Esquire 129 outh Pitt Str et Carlisle, PA 1701 (717) 245-9688 Supreme Court I.D. No. 84133 Attorney for Defendant Melanie A. Lehman i NATIONSTAR MORTGAGE LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. • CIVIL ACTION—LAW : NO. 13-3392 CIVIL DENNIS J. LEHMAN and • MELANIE A. LEHMAN, • Defendants • MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held October 11, 2013, were Nathan Wolf, Esquire, local counsel for the plaintiff, and Robert L. O'Brien, Esquire, attorney for the defendant, Dennis Lehman. This matter is currently under review, however, certain materials have yet to be submitted by the homeowner. These materials will be forthcoming within fifteen(15) days. A continued conciliation conference will be set by order of even date herewith. ORDER AND NOW, this I/ day of October, 2013, continued conciliation conference is set for Thursday, December 5, 2013, at 1:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevin ess, P. J. .. \Ta.than Wolf, Esquire .73 rri CZ) - For the Plaintiff ) ' Robert L. O'Brien, Esquire _- For the Defendant c.., •• •.rlm Cc?, r'aLL t. /e4g/2 NATIONSTAR MORTGAGE LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION-LAW .NO. 13-3392 CIVIL DENNIS J. LEHMAN and MELANIE A. LEHMAN, Defendants MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held December 5, 2013, were Nathan Wolf, Esquire, local counsel for the plaintiff; Robert L. O'Brien, Esquire, attorney for the defendant; and the homeowner, Dennis Lehman. Certain documents have yet to be submitted to the bank including current pay stubs. These materials will be forthcoming within ten(10) days. A continued conciliation conference will be set by order of even date herewith. ORDER AND NOW,this day of December, 2013, continued conciliation conference is set for Wednesday; January 15, 2014, at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevin . Hess, P. J. ./Nathan Wolf, Esquire For the Plaintiff ' Robert L. O'Brien;Esquire �° > r For the Defendant `-a r )> :rlm =C_- ._ CA 1 NATIONSTAR MORTGAGE LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW NO. 13-3392 CIVIL DENNIS J. LEHMAN and MELANIE A. LEHMAN, Defendants MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this day of January, 2014, it appearing that a loan modification continues under active consideration,the conciliation conference herein is again continued to Monday, February 10, 2014, at 3:00 p.m. in Chambers of the undersigned. BY THE COURT, _ A Z44, Kevi . Hess, P. J. ✓ Nathan Wolf, Esquire For the Plaintiff -" Robert L. O'Brien, Esquire For the Defendant :rlm (20 LL -<I- Ln C73 CD Z7" NATIONSTAR MORTGAGE LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION-LAW : NO. 13-3392 CIVIL DENNIS J. LEHMAN and • MELANIE A. LEHMAN, • Defendants : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held February 10, 2014, were Nathan Wolf, Esquire, local counsel for the plaintiff, and Robert L. O'Brien, Esquire, attorney for the defendant, Dennis Lehman. Apparently, there had been some question in this case concerning the validity of Mr. Lehman's title. The bank now acknowledges that he is the proper owner. Unfortunately, documents previously submitted have now become stale. Mr. Lehman will submit updated materials within fourteen (14) days and a continued conciliation conference will be set by order of even date herewith. ORDER AND NOW, this !v- day of February, 2014, continued conciliation conference is continued to Wednesday, April 16, 2014, at 3:30 p.m. in Chambers of the undersigned. BY THE COURT, r Kevin • . Hess, P. J. Nathan Wolf, Esquire For the Plaintiff Vbert L. O'Brien, Esquire — r', For the Defendant cca- t. ir&it.e.1_ /°///41 --.1 r NATIONSTAR MORTGAGE LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 13-3392 CIVIL DENNIS J. LEHMAN and MELANIE A. LEHMAN, Defendants : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this day of April, 2014, it appearing that the defendants have qualified for a loan modification, continued conciliation conference is set for June 27, 2014, at 2:30 p.m. in Chambers of the undersigned. athan Wolf, Esquire For the Plaintiff lobert L. O'Brien, Esquire For the Defendant BY THE COURT, cm) -0 M rn co rn z r- -0> r- -4 NATIONSTAR MORTGAGE LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 13-3392 CIVIL DENNIS J. LEHMAN and MELANIE A. LEHMAN, Defendants : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 27th day of June, 2014, following conciliation conference, counsel for the defendant is given ten (10) days within which to attempt a resolution of this matter through the dedicated loan specialist or otherwise. In the event a mutually agreeable accommodation is not reached within that time, this matter will be removed from the Mortgage Conciliation Program upon submission of a proposed order by counsel for the plaintiff. BY THE COURT, Xathan Wolf, Esquire For the Plaintiff Robert L. O'Brien, Esquire For the Defendant COo pzciiscL (../2.7m ••••••••••70.6n1 1:14 - Kevin A. ess, P. J. '133 `+ rn 2 ' _ r-- •-•"' —.- C7, C > McCABE, WEISBERG AND CONWAY, P.C. By: Andrew L. Markowitz, Esquire—ID #28009 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 NATIONSTAR MORTGAGE LLC v. DENNIS J. LEHMAN -and- MELANIE A. LEHMAN Attorney for Plaintiff COURT OF COMMON PLEAS (� CUMBERLAND COUNTY cn_- rn rn g F'i r No. 13-3392 �.� ill _< �' LT., .._.4 r) MOTION TO LIFT STAY OF PROCEEDINGS Plaintiff, NATIONSTAR MORTGAGE LLC, hereby moves this Honorable Court to remove the captioned mortgage foreclosure action from the Cumberland County Residential Mortgage Foreclosure Program ("the Program"), and in support thereof avers as follows: 1. This is an action in mortgage foreclosure brought by NATIONSTAR MORTGAGE LLC against Defendants DENNIS J. LEHMAN and MELANIE A. LEHMAN. 2. This case is currently stayed pursuant to paragraph (b) of the Cumberland County Administrative Order dated February 28, 2012, which establishes the Mortgage Foreclosure Diversion Program. 3. Defendants were served with the Notice of Residential Mortgage Foreclosure Diversion Program and Financial Worksheet on June 17, 2013. A true and correct copy of the Sheriffs return of service is attached hereto as Exhibit A. 4. Thereafter, Defendant DENNIS J. LEHMAN, by his counsel, filed a Petition For Conciliation Conference on August 22, 2013 and the first Conciliation Conference was then held on October 10, 2013. 5. Plaintiff and Defendant DENNIS J. LEHMAN attended conciliation conferences on October 11, 2013, December 5, 2013, January 15, 2014, February 10, 2014, April 16, 2014 and June 27, 2014. 6. The parties have been unable to reach an agreement for a modification of the underlying loan for the reason that Defendant DENNIS J. LEHMAN failed to make the required Trial Period Plan Payments due for the months of May, 2014 and June, 2014. 7. Following the most recent conference held on June 27, 2014, the Court entered an Order providing defendant's counsel with an additional ten (10) days to attempt a resolution of this matter and further providing that in the event that no agreement is reached during such period of time, the matter "will be removed from the ... Program upon submission of a proposed order by counsel for the plaintiff." A true and correct copy of the aforementioned Order is attached hereto as Exhibit B. 8. The parties have not, since the entry of such Order, reached any agreement in this matter and, for the reasons set forth herein, the aforementioned stay of proceedings should be lifted to allow Plaintiff to proceed with the instant mortgage foreclosure action. WHEREFORE, it is respectfully requested that the Court enter an Order lifting the stay of proceedings, and for such further relief as the Court deems appropriate MCCABE, WEISBERG & CONWAY, P.C. By: ANDREW L. MARkOWITZ, ESQ. McCABE, WEISBERG AND CONWAY, P.C. By: Andrew L. Markowitz, Esquire—ID #28009 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 NATIONSTAR MORTGAGE LLC v. DENNIS J. LEHMAN -and- MELANIE A. LEHMAN Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 13-3392 CERTIFICATE OF SERVICE I, Andrew L. Markowitz, Esquire, hereby certify that a true and correct copy of Plaintiff s Motion to Lift the Stay of Proceedings Pursuant to Cumberland County Administrative Order dated February 28, 2012, was served on the below named person(s) by regular first class mail, postage prepaid, on September 22, 2014. Robert L. O'Brien, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Defendant Dennis J. Lehman James M. Robinson, Esq 129 South Pitt Street Carlisle, PA 17013 Attorney for Defendant Melanie A. Lehman Dated: September 22, 2014 Andrew L. Markoe'iz, Esquire EXHIBIT A Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY g_SLr\(\ V�ti��kta cti 4e1711G1,rfrri OFF1"!== .,=G:t illi'. Nationstar Mortgage, LLC vs. Dennis J. Lehman (et al.) Case Number 2013-3392 SHERIFF'S RETURN OF SERVICE 06/17/2013 Sergeant Jason Viroal served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Dennis J. Lehman at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. 06/17/2013 02:25 PM - Deputy William Cline, being duly sworn according to la the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complai t i ortgage Foreclosure by handing a true copy to a person representing themselves to be Anthony Amadure, Husband, who accepted as "Adult Person in Charge" for Melanie A. Lehman at 75 Spruce Avenue, South Mi.dleton, Carlisle, PA 17013. CLINE, DEPUTY SHERIFF COST: $50.78 SO ANSWERS, June 18, 2013 RONIN R ANDERSON, SHERIFF (c) C..aurtySuite Shert(, 'icic:osc'•i. Inc. EXHIBIT B NATIONSTAR MORTGAGE LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION – LAW : NO. 13-3392 CIVIL DENNIS J. LEHMAN and MELANIE A. LEHMAN, Defendants . MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 27th day of June, 2014, following conciliation conference, counsel for the defendant is given ten (10) days within which to attempt a resolution of this matter through the dedicated loan specialist or otherwise. In the event a mutually agreeable accommodation is not reached within that time, this matter will be removed from the Mortgage Conciliation Program upon submission of a proposed order by counsel for the plaintiff. BY THE COURT, Nathan Wolf, Esquire For the Plaintiff Robert L. O'Brien, Esquire For the Defendant C.-) q-, --Cr rn rrl ;,�_ z= -r = . zc c — W McCABE, WEISBERG AND CONWAY, P.C. By: Andrew L. Markowitz, Esquire—ID #28099 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 NATIONSTAR MORTGAGE LLC v. DENNIS J. LEHMAN -and- MELANIE A. LEHMAN Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 13-3392 ORDER c�) r 1 -- AND NOW, this / day of O h cc 2014, upon consideration of Plaintiff's Motion to Lift the Stay of Proceedings Pursuant to Cumberland County Administrative Order dated February 28, 2012, and any opposition thereto, it is hereby ORDERED and DECREED that: The stay of proceedings is hereby lifted, and Plaintiff may proceed with its action in mortgage foreclosure in accordance with the applicable rules of civil procedure. I ; cL BY THE COURT: y it McCABE, WEISBERG & CONWAY, P.C. By: Andrew L. Markowitz, Esq. Attorney ID #28009 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 NATIONSTAR MORTGAGE LLC Plaintiff v. DENNIS J. LEHMAN -and- MELANIE A. LEHMAN Defendants fie J Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number:13-3392 CIVIL PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER cn (-3 _- CD Plaintiff, NATIONSTAR MORTGAGE LLC (hereinafter "NATIONSTAR"), by and through its attorneys, McCABE, WEISBERG & CONWAY, P.C., hereby responds in opposition to the New Matter of Defendant, DENNIS J. LEHMAN, to Plaintiff's Complaint in this matter as follows: 13. Denied as a conclusion of law or argument to which no further pleading is required. It is denied that the allegations of this paragraph constitute any cognizable defense to foreclosure. By way of further response, plaintiff did offer to Defendant the opportunity to make certain trial modification payments but Defendant failed to make the required modification payments and for this reason his modification application was subsequently denied. To the extent that this paragraph contains any other factual allegations, the same are hereby denied. 14. Denied as a conclusion of law or argument to which no further pleading is required. It is denied that Plaintiff has failed to comply with any applicable loss mitigation guidelines and it is denied that the allegations of this paragraph are relevant hereto or present any cognizable defense to foreclosure. By way of further response, plaintiff did offer to Defendant the opportunity to make certain trial modification payments but Defendant failed to make the required modification payments and for this reason his modification application was subsequently denied. To the extent that this paragraph contains any other factual allegations, the same are hereby denied. 15. Denied as a prayer for relief or argument to which no further pleading is required. It is denied that the allegations of this paragraph constitute any cognizable defense to foreclosure. By way of further response, plaintiff did offer to Defendant the opportunity to make certain trial modification payments but Defendant failed to make the required modification payments and for this reason his modification application was subsequently denied. To the extent that this paragraph contains any other factual allegations, the same are hereby denied and it is denied that the general statement or reservation contained herein is sufficient to comply with Rule 1032 Pa. R. C. P. WHEREFORE, Plaintiff respectfully requests the New Matter of Defendant Yi DENNIS J. LEHMAN to Plaintiff's Complaint be dismissed in its entirety and that judgment be entered in favor of Plaintiff and against Defendants for such relief as is requested in Plaintiff's Complaint. Andrew,L. Markowitz, Attorneys for Plaintiff VERIFICATION The undersigned, Andrew L. Markowitz, Esquire, does hereby certify that he is counsel for NATIONSTAR MORTGAGE, LLC, Plaintiff in the above matter; and that as counsel for Plaintiff in the above matter he is authorized to make this verification on its behalf since plaintiff is outside the jurisdiction of the Court and cannot provide such verification within the time required for the filing of the foregoing pleading and that the foregoing facts as set forth in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 PA.C.S.§4904 relating to unsworn falsification to authorities. Andrew L. Markowitz, Dated: October 21, 2014 McCABE, WEISBERG & CONWAY, P.C. By: Andrew L. Markowitz, Esq. Attorney ID #28009 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 NATIONSTAR MORTGAGE LLC Plaintiff v. DENNIS J. LEHMAN -and- MELANIE A. LEHMAN Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number:13-3392 CIVIL CERTIFICATE OF SERVICE I, Andrew L. Markowitz, Esquire, Attorney for Plaintiff, hereby certify that a true and correct copy of the foregoing Plaintiff's Reply to New Matter was served on the following persons on the 22nd day of October, 2014 by depositing same in the United States mail, first-class, postage pre -paid, addressed as follows: Robert L. O'Brien, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Defendant Dennis 1 Lehman DATE: October 22, 2014 James M. Robinson, Esq. 129 South Pitt Street Carlisle, PA 17013 Attorney for Defendant Melanie A. Lehman Andrew L. Markow z, Esq. Attorneys for Plai , iff