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HomeMy WebLinkAbout05-3951 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2 I 5) 563-7000 THE PROVIDENT BANK, F/KJA PROVIDENT SAVINGS BANK 830 BERGEN AVENUE P.O. BOX 17, NJ 07302 JERSEY CITY, NJ 07012 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Cl~;l~82-~ CUMBERLAND COUNTY Plaintiff NO. 05 - YfS/ v. SCOTT A. LEHMAN DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE, PAl 7241 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File#: 98534 File #: 98534 IF THIS IS THE FIRST NOnCE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DA YS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is THE PROVIDENT BANK, F/K/ A PROVIDENT SAVINGS BANK 830 BERGEN AVENUE P.O. BOX 17, NJ 07302 JERSEY CITY, NJ 07012 2. The name(s) and last known address(es) of the Defendanl(s) are: SCOTT A. LEHMAN DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE,PA 1724l who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 01/20/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1249, Page: 421. By Assignment of Mortgage recorded 9/27/95 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 504, Page 1046. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 98534 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2005 through 08/02/2005 (Per Diem $21.04) Attorney's Fees Cumulative Late Charges 01/20/1995 to 08/02/2005 Cost of Suit and Title Search Subtotal $82,334.34 3,850.32 l,250.00 684.00 $ 550.00 $ 88,668.66 Escrow Credit Deficit Subtotal - 391.87 0.00 $- 391.87 TOTAL $ 88,276.79 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant( s) on the date( s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant( s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Acl6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 88,276.79, together with interest from 08/02/2005 at the rate of$21.04 per diem to the date ofJudgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ALL/NAN & 7CfJ.~I, , LL LL!,P 'Slv~ By: Is/Francis S. Hallinan AWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff file #: 98534 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Thomas Alvin Neff, Registered Surveyor, on July 2, 1965, as follows: BEGINNING at an iron pin on the northern line of Pennsylvania Route No. 997 at comer of land now or formerly of Harry L. Chestnut; thence along said land now or formerly of Harry L. Chestnut, North 13 degrees 2 i minutes West. a distance of 433.24 feet to an iron pin in line of land now or formerly of Merle Lehman; thence along said land now or formerly of Merle Lehman, North 64 degrees IS minutes East, a distance of25.20 feet to an iron pin; thence still along said line ofland now or formerly of Merle Lehman, North 64 degrees IS minutes East, a distance of838 feet to a spike in the center line of Township Road No. 412; thence along the center line of said Township Road No.4 12, South II degrees 30 minutes East, a distance of 345 feet to a spike in the comer of land now or formerly of Edward B. Ickes; thence along said line of land now or formerly of Edward B. Ickes and through Pennsylvania Route No. 997, South 61 degrees IS minutes West, a distance of849.30 feet to a point in Pennsylvania Route No. 997; thence North 18 degrees 32 minutes West, a distance of 13.90 feet to an iron pin on the northern line of Pennsylvania Route No. 997; thence along the nortbern line of said Pennsylvania Route No. 997, South 63 degrees 28 minutes West, a distance of27.65 feet to an iron pin, the place of BEGINNING. house. CONTAINING 7.402 acres and having thereon erected a one and one.half story, aluminum siding dwelling BEING the same premises which Robert L. Calaman, Jr. and Marcia A. Calaman, husband and wife, by their deed dated September 1,1998 and recorded in Cumberland County Deed Book 'N', Volume 33, Page 1194, granted and conveyed unto Loretta G. Martin, grantor herein. PROPERTY BEING: 35 ROXBURY ROAD File #: 98534 VFRTFWA nON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction ofthe court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. /)~ c-- ;>, 7=-U1~ , DATE: (z/~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff f'"', ~ ,~.::) c'"'' C""\ ::...,,, ..{,g. ( p ,. ~ ~ ~ I r.- tn (A) \1 Ul . -,-' 111 - -2::: C/ (.,) ~ t \..'.-' ...:t 1) C> ~ F ~ ~ -.2 1- ........-- ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-03951 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDENT BANK THE ET AL VS LEHMAN SCOTT A ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEHMAN SCOTT A the DEFENDANT , at 1919:00 HOURS, on the 29th day of Auqust , 2005 at 35 ROXBURY ROAD NEWVILLE, PA 17241 by handing to SCOTT A LEHMAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.20 .00 10.00 .00 39.20 ~r?/ ~ ......-'~J' _. _ . . ~~c_'~__;"'_,.;. '~,",,.:..""'~,,,,,,,,,-;,.d" _ . ......- ,,~'.-,,"' ,.. .-,,-. R. Thomas Kline 08/30/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: y~- ~-- Deputy Sher' me this 2 ( day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2005-03951 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDENT BANK THE ET AL VS LEHMAN SCOTT A ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEHMAN DENISE D the DEFENDANT 2005 NEWVILLE, PA 17241 by handing to SCOTT A LEHMAN, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 -,..,;' ,./,-.", ~::.j:.'r .f ' R. Tho~as Kline >,'.."..... ..,(./4 /:4~~ ,...r " cJ( 08/30/2005 PHELAN HALLINAN SCHMIEG ~i:'Sh!~ By: Sworn and Subscribed to before me this day of A.D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 THE PROVIDENT BANK, F/K/A PROVIDENT SAVINGS BANK 830 BERGEN AVENUE JERSEY CITY, NJ 07306 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3951 CIVIL TERM SCOTT A. LEHMAN DENISE D. LEHMAN Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor ofthe Plaintiff and against SCOTT A. LEHMAN and DENISE D. LEHMAN, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/27/05 to 10/13/05 TOTAL $78,902.84 $933.60 $79,836.44 I hereby certifY that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. p-~ JjJ~ DANIEL G. SCHMIEG, ESQU~ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. . f4 DATE: r:r:l- /P, ~ f1;~K PRO OTHX___ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF THE PROVIDENT BANK, FIK/A PROVIDENT SAVINGS BANK 830 BERGEN AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3951 CIVIL TERM SCOTT A. LEHMAN DENISE D. LEHMAN Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SCOTT A. LEHMAN is over 18 years of age and resides at , 35 ROXBURY ROAD, NEWVILLE, PA 17241. (c) that defendant DENISE D. LEHMAN is over 18 years of age, and resides at , 35 ROXBURY ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. e.S. Section 4904 relating to unsworn falsification to authorities. trcvvuJ jf ~ ~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff , (Rule of Civil Procedure No. 236).. Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .. LAW THE PROVIDENT BANK, FIK/A PROVIDENT SAVINGS BANK 830 BERGEN AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3951 CIVIL TERM SCOTT A. LEHMAN DENISE D. LEHMAN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on O::d- If> 2005. By: If you have any questions concerning this matter, please contact: " J/A DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ..THlS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.. PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq" Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (? 1,) ,",-7000 THE PROVIDENT BANK, FIK/A PROVIDENT : COURT OF COMMON PLEAS SAVINGS BANK Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY SCOTT A. LEHMAN DENISE D. LEHMAN Defendants : NO. 05-3951 CIVIL TERM TO: DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 DATE OF NOTICE: SFPTFMRFR 20 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17:(13 r\, (800)990-9108 ) -< ~ . ~~'J .~'.. . ( Mluw~ CIS S. HALLINAN, ESQUIRE eys for Plaintiff ~ . . , PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 I? 1 ,) 'i1i,-7000 THE PROVIDENT BANK, F/KJA PROVIDENT : COURT OF COMMON PLEAS SAVINGS BANK Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY SCOTT A. LEHMAN DENISE D. LEHMAN Defendants : NO. 05-3951 CIVIL TERM TO: SCOTT A. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 DATE OF NOTICE: SFPTFMRFR 20 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.lF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 ~"\ ..~."... ..., ,,~. . , .~ . '~ NCIS S. HALLINAN, ESQUIRE meys for Plaintiff ')...Nr.:::.4q. ~\I:-~..a r ",.t: ~ ~ ~ ~ ~ ~ r- ~ . ~~ ~ =.E. F= -- VI J:- () -\"\ (--'I , --- , ,--'~ CD :'::". _.- '!')"", ...-"," f' .. (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 THE PROVIDENT BANK, F/K/A PROVIDENT SAVINGS BANK Plaintiff, v. No. 05-3951 CIVIL TERM SCOTT A. LEHMAN DENISE D. LEHMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $79,836.44 Interest from 10/13/05 to MARCH 8, 2006 (per diem -$13.12) $1,915.52 and Costs TOTAL $81,751.96 :fJ~Jf~(~ DANIEL G. SCHMIEG, ESQU One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT 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. ........ '<f'<f ...... r-r- ........ .(.( =-=- ~~ 'j..;l "","'" ...~ s ~~ 'i .( ~~ ..."'" ~ ~ .., ~~ t; O~ C ~ ~~ '" ~... <';t. ~~ "'''~~f~ 0) ~ ~~ ~~ ~~ ....a ";;; ~~ ~ -- =-rIl ...~ ...% p... ~';J e ~~ .. ... '" ';l.rIl o .. 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ROAD NO. <JH, 800'l'H 1.1 DmRllEB 30 P1nl'lI'I'B8 lUIST, A DIaTJ\IfCJl or J4ti l'IIB'l' TO II SInlO3 III TUB CORNBR OP LAllD NOW OR !'ORtlImL Y OF ~,lIlU) lL ICKES: 'IlImlCII AInNa BAID LIBIl OF LMID l'IOtI OR l!ORMBRLY OF IDWAJlI) D. IC1CE8 Allll TIlR!:l11Cffi PlilIiINlIYLV.llNIA. ROOTS NO. ~7, 9OlJ'l'II 0;3 D""""...... III HINUTl<Il 1ll1illT, A DISTAllICR. OJ! 949.30 I'llWI' TO A POUlT I'll PEllN9YLV1\ll11\ RODTi: 110. ~~7; TmlII'CIl NORm 18 DROIIlllBS 32 I'ImtJTES WBlIT, A DIIl'l'J\JlCil OF 1'.lJO FB&T TO loR IRDJI PIN ON THI< tlORTHliRN Lnm OF PElllNBYLVAluA IIOlJTE 00. ~9? i 'ltlSNCB AJ..ONG 'Dill N'ORTHImN LINK 0'1' SAID PlllllfllnoV.lIIilJ:A OOll!) lIO. 997, SOII'l'H ... DI!XIRlII'lIl 28 HDID'I'IlS 1II!ST, A DtBTl\NCB OF 27.'& FEKT TO A!I Ill>C>>I' PIIlI, 'l'RB I"LACS OF IlBClImlI.NG. CONTAItlIN(] 7. 40:1 AC::REB. BlfiNlJ THIl BAJlIli: IlIlDPKllTI CONVI!MlI) TO soon A. LllIIMA1f AIiIl DKN1BB D. LmDCHf BIlSDAND l\Rl WIFE flY DBB!) PRCft CL1IJ:IUl: Il. fICIIM'FlSR ANI> GIlORml: 1" _ MARTIIl POWflR 01' A'I'TORHBY FOil l.OR.IlTTA G. l'lAR'I'1N, W'tOOW RECORDBD o1/2']/199~ IN IlBED BODE 117 PAaB 926, 1M 'l'llJii ow:ttlE 01." TIJB RBOOIlD.IlII. OJI' DIlIiDl.l OP =>Ul2RLARD 00U1I'I'Y. PIiNNSYINlINllL TAX XDf 15-4',]~1-7 PREMISES BEING: 35 ROXBURY ROAD, NEWVILLE, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3951 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE PROVIDENT BANK, F/KJA PROVIDENT SAVINGS BANK, Plaintiff (s) From SCOTT A. LEHMAN AND DENISE D. LEHMAN (I) 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 GARNlSHEE(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 tbereof; (3) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $79,836.44 L.L. $.50 Interest FROM 10/13/05 TO 3/8/06 (PER DIEM - $13.12) - $1,915.52 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $137.20 Plaintiff Paid Date: OCTOBER 18, 2005 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 *' ... THE PROVIDENT BANK, F/K/A PROVIDENT SAVINGS BANK CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SCOTT A. LEHMAN DENISE D. LEHMAN NO. 05-3951 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) THE PROVIDENT BANK. F/K/A PROVIDENT SAVINGS BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,35 ROXBURY ROAD, NEWVILLE, PA 17241. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT A. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PROVIDENT SAVINGS BANK 830 BERGEN AVENUE JERSEY CITY, NJ 07306 . . 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None S. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 35 ROXBURY ROAD NEWVILLE, P A 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 13. 2005 DATE Jf~ JLJc~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff ~~'.) , .. I".':) Ul c,. C) .i'J n .< PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF THE PROVIDENT BANK, FIK/A PROVIDENT SAVINGS BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION SCOTT A. LEHMAN DENISE D. LEHMAN NO. 05-3951 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Jj;; ..if J, DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff c::. !_J (. f THE PROVIDENT BANK, FIK/A PROVIDENT SAVINGS BANK CUMBERLAND COUNTY Plaintiff, No. 05-3951 CIVIL TERM v. SCOTT A. LEHMAN DENISE D. LEHMAN Defendant(s). October 13, 2005 TO: SCOTT A. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 35 ROXBURY ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $79,836.44 obtained by THE PROVIDENT BANK, F/K/A PROVIDENT SAVINGS BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.e.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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 more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 your property. 3. The sale will go through only ifthe 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. Ifthe 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 proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house 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 (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 . SCI3EJ)t;)tJ;: ":II.. 7(l-O.l.~:JDD~7 ALL 'l'HAT C'IlRTA:IN TRlIC'l' 01" LAJlD ll/'I'm TIll! DlPROVSlBNT9 ~ BRB<:'l'~ SlmATR III LOWlIR IlIFPLIIl 'I'OWHBJIl P, CDKIIERLmG> COUIl'I'Y, PllIlIlWYL1'JlII:J:A. llOUI/l)llD l\RD I>B.llCRIllED :m l\lXlOlU)J\NCB WI'm A SURVEY tIl\DB BY THCfIl\8 JlJ.VIIi ........, lllmlB'rIlRI!D 8URVwroR, ON Jm.Y ~. 196 1;, AS POLLOIIIa t B8JnmDOll .AI 1IH ~llON 1>IN ON TIPil ltOJrZ:IIERII LJJlIl OF 1>li:NNIJY1.v~A IlQO'rE RJ. 997 AT COIlNBR 01" LIlJiD NOW OR !'CJlMIlIlLY OF lUlR~y L_ CH118'DIU'r; 1'fISNCII ALOIiIG lJJUI) LAlID NoW OR 5'OIlMRIILY o:v IQR1lY L. CIDlIl'l'\lll1l'. IIIlIItTII 13 DllQIUlBS 21 M:tm:I'1!B!I lIUT. A DLIlTiIO/<:8 OF 4H_2'l Ii'IZIZT TO AliI' lJIO!i' PllI IN L TNR OP LARD lro9I' OR PORI'U!ORLY OF MIZRL12 l.IIIIMNl; 'mRN~R AUlIlG ILUD Ll\lI) NtlV O~ l'IDJlIIEl1LY OF DIlLS LBJlM.l\!I, _TII 104 D......_A 15 HDlO'J'llS EllST, A ntll'l'MlCB OF 25.20 VUT TO AN I1lOH PIN; 1~ STILL l\IDHf3 lIlQO LIIm OF LI\ND _ OR POIlMKRLY or MEIlLE LBIII!JlH. NORm ~t PlV...w.., 16 MIII\JTi!lS BJ\llT A DI8~ OF 838 I'DT TO A DIm JlI TIIIl CBNTER LIlllI 01" '1'O\lIIIIlRJ:P R01\D t1O, 412; 'I'ImNC8 1\LOIIG 'mil !!l!:l!lTB!! LIIIK OF SAID TOWJlBHIP ROM Iro. 412, 80U'1'1l ~1 DI!G~ 30 MI1i'UTB9 KNIT, A DJ:8T.llIICIl 01' J411 l'IIlB'l' TO 1\ SPIlCl III TUB C'ORNBR OF I.HlD II01l/ OR FOlltlII:RI.. Y 01" 1lI)Ii1\ll.D B _ lcrES: .~ AlDNQ BAID LDIIl 017 LARD NOlI OR 1!ORMBRLY OF mW1IJlI) lil. lCDS All'O TIlRO'OHR JlBNNll'YLVJlNDl ROOTS NO. 997, ll<lIJ'm 103 Dvm>....~ 15 MIN1J'I'I'Il WUT, A Dl9TAIII[!E 01" 949.30 1'1lHT TO 1l. POlItI nl M!HN9YLV1\lIJ1\ IlOIlTE 1>10. ~~7 i .......CIl 1<I\:)R'lH 18 DIiIORIlIIS 32 I'lD/trl'BS WBBT. A DIIl'l'1lNCil 01' 13.'0 FIlET TO 1\N IIlOll' PIN aN THIt NORTIIIlRN LDm OF PXNNBYLVAlUA RllDTE 1>10. 997; 'lIlBllCB ALONG !lIB BOm'BBIlII LXNl! OF SAID PIlIl1I'Si'I.~ ROW NO. 111l7. SCJI1'1'H "1 DI!ICIR:Kl'I8 28 HIlllJ'I'KS WIIST, A DtElTMCB OF 27. '5 PEn TO iIO/ IIlliII pm, MB rLlIa OF BBClDIIIDlO. CORTAXITIlIICI 7.402 M:IlE8. BInl<<l TIIIl BNOlI PIlOP8IlTr cONVI!'YIlI) TO SCOTT A. LIIBIIAII lllI/D DBNI8B D. LIlIIIIHI BOSDAml ~ w:IFB Jlr DBBD l!'RClI CLI'IJJijl; II. DCIllU'1!'ISU AJID GIlrnWE P' _ MJlRTm POWHR 011 ATTOJlJIBY FOR I.ORJ<ITA G. l'tA.RTIlf, W'tDOV IUlICOIlDfU) 01/23/199$ IN IlIilIlD llODJ; 117 11MB 9::l~, IN TIlE OPP'lC!I!: OF TlDl I!!l!:lllRDD OF DBiLlS OP CIIIJIll&RLARD CDVIfTY, PBNNBYI.V~XA_ T~ EDt 15-4-3'1-7 PREMISES BEING: 35 ROXBURY ROAD, NEWVILLE, PA 17241 C',_:, "-:? c"': :::::. G- .' AFFIDAVIT OF SERVICE PLAINTIFF THE PROVIDENT BANK, FIK/A PROVIDENT SAVINGS BANK CUMBERLAND COUNTY PMB No. 05-3951 CIVIL TERM DEFENDANT(S) SCOTT A. LEHMAN DENISE D. LEHMAN ACCT. #49034226 SERVE SCOTT A. LEHMAN AT 35 ROXBURY ROAD NEWVILLE, PA 17241 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 SERVED Served and made known to 'ScOT'1 4-. LE 11M ktIi , Defendant, on the I <;;1 at~4;4;;1- ,0'clock~ltL,at ?,S" 12oxBu~ f2D'J NGwVfL.LE. dayof N()1J~~oo_$' , Commonwealth of Pennsylvania, in the manner described below: v' Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Desc~: Age3fl.. Height <S't6" Weightd40 Race~SexA Other I, -1<6l-N1\--t.Jl Mo U , a competent adult, being duly sworn according to law, depose and state that 1 personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. '~" SWQrn to and subscribed ~;fo;~~thIS~.200~SX-.~-.. ~/ClA Ii '~ Nota . - By:. (J IJvtJL1./ ''-'-" ( " ." A E A TEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notary Public State of New Jersey PATRICIA E. HARRIS On the CommissiOI!l~!llS June 16, 2008 ~" NOT SERVED , 200_, at o'clock _.ltL, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 'I Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: /"l,o Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 jlo \v/ 1'7 " YilL 1'. ~'~.. -) 'c" ~, ~:.' ~ - S'~ \ \,.0 (J -n <....) ." ~:D \~2:\~ ~~ S;~ -:,};(~~ ~~ 1" o -~2. . . .. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF THE PROVIDENT BANK, FIK/A PROVIDENT SAVINGS BANK PMB No. 05-3951 CIVIL TERM DEFENDANT(S) SCOTT A. LEHMAN DENISE D. LEHMAN ACCT. #49034226 SERVE DENISE D. LEHMAN AT 35 ROXBURY ROAD NEWVILLE, P A 17241 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 SERVED Served and made known to D~ IS": D, ~ AtJ , Defendant, on the ( sf ,200~at 4:4)...,0'clock~.m.,at 3s l<llxbIAY'( 1<4,) NewlI'iIl..o , Commonwealth of Pennsylvania, in the manner described below: dayof N&vfu\~ Defendant personally served. II V Adult family member with whom Defendant(s) reside(s). Name and Relationship is I'\U~~ Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Descr~n: Age 3EL Height S1ti' Weight -;;1.40 Race ~ Sex M Othcr I, 1<t3N A--cD ~ ~ c.... , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed (Mm"'me. 's -..l.-.- day . O..f. iAoJ>> '200S~- . ~. Notary: -. By: '" (" - '-- " . . MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE NOlalY Public ATTEMPTED. State of New Jersey PATRICIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 sl Attempt: I I Time: 2nd Attempt: I / Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 . Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire 1.0. No. 62205 -"L \V\ Jw --- -, '~:?, ~, C? I ,--0 --" ~~\ ::? .-n L"l.?~; 1". ~nb '\;,,\ L, '.\.-.!. ~',':-'\~\ '}-'\~{~ . ';:'~ \"7 ~9:. (,.".";; .' \,,0 o ~- ~ SALE DATE: MARCH 8.2006 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE PROVICENT BANK, FIK/A PROVIDENT SAVINGS BANK No.: 05-3951 CIVIL TERM vs. SCOTT A. LEHMAN DENISE D. LEHMAN AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.e.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 35 ROXBURY ROAD. NEWVILLE. PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. March 6, 2006 I '" ~ THE PROVIDENT BANK, FIK/A PROVIDENT SAVINGS BANK CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SCOTT A. LEHMAN DENISE D. LEHMAN NO. 05-3951 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) THE PROVIDENT BANK, FIK/A PROVIDENT SAVINGS BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,35 ROXBURY ROAD, NEWVILLE, PA 17241. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT A. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PROVIDENT SAVINGS BANK 830 BERGEN AVENUE JERSEY CITY, NJ 07306 , 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained" please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantlOccupant 35 ROXBURY ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 13, 2005 DATE ~~J1.-1(~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff ~O~6~ 3QO<:JdlZIIIlOlH031I'iVl II .Ooz \:~1:JO LH:OO\:vOOO ." .;.:.::~--:~PY.! ~ i; '" . ,P.. ~ ~ ~tj ~~ ':;\ \ ~<8odS~"" I , I \~}li~,i"/ 'j '. ,,..,.."",.,'""-..' s " III :IE oe: 0- ~ "'" w r-4 -" ~ ~ g ,..l. -s u 0""''' ~ 0 .. ~N .,j g ~tf)Ear.FJ u"t... \J)~~~ o<l~S"';' z..g >-.8 <U')"tl..-< ~<<ig~ ~ t eJ< c:.lp~P-< ~ U ~ ,ci ~~~~ ~~-'--g ~lUr-......... :I:~",;E p....O.......~ "" ... =fIJ; .. ." .. " " " S~(fJ .."".... z<t.o ~ o - ..... - '"' - o -< s:: "" -< 0- "". f3 ~ ~ ~ ~ Ii ~ C/l ~ o . ~ ~ :I:: ~ ~ ~ o .... Z 0 ~ Z ~ ~ ~ ~ u &l ~ p. ~ ~ t ~ ;:; ~ ~ ~ . '2_ Z ii:o"_Z o ~ . C/l "" .. '5 ~ 1 ~ ~ \ ~ ~ ~ !- 0 ~ ~ ~ s 0 0 ~ 0 u .,.; ..... '" '" x o i'l o "" ... ., ~ E ::l :z: ., <l .~ " s ,.., '" o <<> f- o Z - ~ ... \:: [:! u < 1:i "" C/l . po: ::J i;; ,.., . ~ ~ ~. -< ~ ffi ~ ~ >< ~ f3 ~ ~ ~ % ~ '"' ~ . C/l !- 0 ~ ~ u C/l g Z ~ ~ ~ ;> ffi ~ !- "" '" <<> ... ~ '" ..... 00 '" o - - - :s g 1 ....3.'" <0 :0 ....;:;'2 ~g.g,; p.g ~~ igH .gg~g .5': :; 0 ~ -;; 'B t .~ ~ g~ g ~,;: g ..,_!3 ~ ~ ~.g ~.S r.i ~ 15."2 ~ ~~.g ]sgg. ~~J,l...s 'So~~'~ ;: ~ ae jg <.l c'" .g~'Si S-- 5 0 ~~~"d $ ",'_ I::. 'od '" E ~ l': e ~"6Q ~ ~.S 1:: .~~ ~.B ~ ~ oS< .g ~(So tt __ $ --n e " 05'3 l'\ "" 1=< ~<A> o e:/J 8 "<:JU''S'''''- e,g <.):0 0 'g.~ ~ ~ ~ e:g g. Po'; .~ 51.8 '~>5 E! ~ o. see !D~.g~ 0':: <A.... .... g ~ '0 5 ~ -,0 0 .... E '^ _n~;~ uft"'\:....... -1l~09~~ _ ....~r.tl ~ e ,~g 8 ~.s~~~ ~ 0 :~ . ;;. 'i5 ~ b . ~ ,,~ ~ 0 ^!'. ~" ^~ u gw * 1 ^ . . 0 ~\E ,.., "6:0 ~ - -< o ^ 0 .~ t ~~ 7-~ U s~ o . C/l r-" '" - '"' - ",. - ~ - o ~ B ~ ~ ~ 0", ~~ all z~ _ 0 5 " o .~ r-" DATE: THE PROVIDENT BANK, F/K/A PROVIDENT SAVINGS BANK vs. SCOTT A. LEHMAN DENISE D. LEHMAN TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): SCOTT A. LEHMAN DENISE D. LEHMAN PROPERTY: 35 ROXBURY ROAD NEWVILLE, PA 17241 Improvements: Residential dwelling Judgment Amount: $79,836.44 CUMBERLAND COUNTY NO. 05-3951 CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on MARCH 8, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, P A at 10:00 a.mOo Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type oflien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 The Provident Bank, fi'k/a Provident Savings Bank ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Scott A. Lehman Denise D. Lehman No. 05-3951 Civil Term Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 3, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on October 18,2005 in the amount of $79,836.44. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. The Property is listed for Sheriffs Sale on May 10,2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 4. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 5/1 0106 Per Diem $21.14 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections AppraisallBPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $82,334.34 9,772.70 0.00 1,675.00 1,637.50 1,455.20 0.00 0.00 0.00 0.00 0.00 820.07 TOTAL $97,694.8 ] 5. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 6. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth ahove in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: 5'/2(; lOb By: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. !.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 The Provident Bank, f/k/a Provident Savings Bank ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Scott A. Lehman Denise D. Lehman No. 05-3951 Civil Term Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 35 Roxbury Road, Newville, P A 17241. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff's Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date ofthe impending Sheriff's sale has been requested. III. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request oftive percent ofthe outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 5 I Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgagc which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A,2d 344 CPa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorn v. Morrisvi\1e Hampton Realtv, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of ajudgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments S 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 CPa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Companv v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that ifit goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, PlaintitTwill suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial Josses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. PJaintiffrespectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 3..12'1/010 By: Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2 15) 563-7000 THE PROVIDENT BANK, F/KJA PROVIDENT SAVINGS BA..~K 830 BERGEN A VENUE P.O. BOX 17, NJ 07302 JERSEY CITY, NJ 07012 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 6S' - J,9~1 Ct>;( ~~ CUMBERLAND COUNTY v. SCOTT A. LEHMAN DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE, PAl 7241 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE "',-1'"',.;. 'N.~ RlE COPY / ',,; ",.,; 10.' ",,_':'lunI"J NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You arc warned that if you filii 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 IIAVEAc~ 0 LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PR0VmHOU-h WITH INFORMATION ABOUT HIRJNG A LAWYER. .' ;'"' ::!" '", .:-::' '-fl--- IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE' . i:;J YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TOELIGIBL,J;) I PERSONS AT A REDUCED FEE OR NO FEE. :r::;:, <);;~~ " Arro~f\!' ;,~S S:J;;;' < ;...'. ~, ~. ~i~' Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A ] 70 I3 (800)990-9108 CO,:' , ,-,-, , , '_.v <~ 5J -< U':,} co -'f'lr,;",',' "_'.If I ,'_.'. !'! File #: 98534 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 THE PROVIDENT BANK, F/KJ A PROVIDENT SAVINGS BANK 830 BERGEN AVENUE P.O. BOX 17, NJ 07302 JERSEY CITY, NJ 07012 ATroRNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. v. CUMBERLAND COUNTY SCOTT A. LEHMAN DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE,PA 17241 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawycr Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA ]7013 (800)990-9108 File #: 98534 File#: 98534 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.s.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS 01<' RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OJ<' THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is THE PROVIDENT BANK, F/K/A PROVIDENT SAVINGS BANK 830 BERGEN AVENUE P.O. BOX 17, NJ 07302 JERSEY CITY. NJ 07012 2. The name(s) and last known address{es) of the Defendant(s) are: SCOTf A. LEHMAN DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE,PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/20/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES, INe. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1249, Page: 421. By Assignment of Mortgage recorded 9/27/95 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 504, Page 1046. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upou failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 98534 6. The following amounts are due on the mortgage: Principal Balance Interest 02/0 1/2005 throngh 08/02/2005 (Per Diem $21.04) Attorney's Fees Cumulative Late Charges 01/20/1995 to 08/02/2005 Cost of Suit and Title Search Subtotal $82,334.34 3,850.32 1,250.00 684.00 $ 550.00 $ 88,668.66 Escrow Credit Deficit Subtotal - 391.87 0.00 ~91.87 TOTAL $ 88,276.79 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date( s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. lbis action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment againstlhe Defendant(s) in the sum of$ 88,276.79, together with interest from 08/02/2005 at the rate of $21.04 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. A~LINS~ By: IslFrancis S. Hallinan A WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 98534 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Thomas Alvin Neff, Registered Surveyor, on July 2, 1965, as follows: BEGINNING at an iron pin on the northern line of Pennsylvania Route No. 997 at corner ofland now or formerly of Harry L. Chestnut; thence along said land now or formerly of Harry L. Chestnut, North 13 degrees 21 minutes West, a distance of 433.24 feet to an iron pin in line ofland now or formerly of Merle Lelnnan; thence along said land now or formerly of Merle Lelnnan, North 64 degrees 15 minutes East, a distance of25.20 feet to ,m iron pin; thence still along said line ofland now or formerly of Merle Lelnnan, North 64 degrees 15 minutes East, a distance of 838 feet to a spike in the center line of Township Road No. 412; thence along the center line of said Township Road No. 412, South 11 degrees 30 minutes East, a distance of 345 feet to a spike in the corner of land now or formerly of Edward B. Ickes; thence along said line ofland now or formerly of Edward B. Ickes and through Pennsylvania Route No. 997, South 61 degrees 15 minutes West, a distance of 849.30 feet to a point in Pennsylvania Route No. 997; thence North 18 degrees 32 minutes West, a distance of 13.90 feet to an iron pin on the northern line of Pennsylvania Route No. 997; thence along the northern line of said Pennsylvania Route No. 997, South 63 degrees 28 minutes West, a distance of27.65 feet to an iron pin, the place of BEGINNING. CONTAINING 7.402 acres and having thereon erected a one and one-half story, aluminum siding dwelling house. BEING the same premises which Robert L. Calaman, Jr. and Marcia A. Calaman, husband and wife, by their deed dated September 1,1998 and recorded in Cumberland County Deed Book 'N', Volume 33, Page 1194, granted and conveyed unto Loretta G. Martin, grantor herein. PROPERTY BEING: 35 ROXBURY ROAD File #: 98534 VRRIFIC:ATTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, Lnat Plaintiff is outside the jurisdiction of Ll}e court a!ld or Lite Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities. /}~ 5-. 7~ # FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: Exhibit "B" . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL'G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATfOffJlJEY FILE COpy PLEASE RETURN THE PROVIDENT BANK, F/K/A PROVIDENT SAVINGS BANK 830 BERGEN AVENUE JERSEY CITY, NJ 07306 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3951 CIVIL TERM SCOTT A. LEHMAN DENISE D. LEHMAN ,ciJTORNEY FiLE COpy Defendant(s). PLEASE RETURN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO.' ANSWER AND ASSESSMENT OF DAMAGES ' ;' "" ~~ ~::::? cr' = Cj -., o .Tl .-\ ::1:,1 n'e: -:~') TO THE PROTHONOTARY: co '::~ CJ , --,-~ _ _ J;:><. ,'-'~ _..., ~ _ ~,: .,.c::c. Kindly enter an in rem judgment in favor of the Plaintiff and against SCOT'i;~LEHM~ i~~d DENISE D. LEHMAN, Defendant(s) for failure to file an Answer to Plaintiffs Complaint ~hi~O days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/27/05 to 10113/05 TOTAL $78,902.84 $933.60 $79,836.44 I hereby certifY that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ATTORNEY FlLE COpy PLEASE RETURN ~~JjJ~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ATTORNEY FILE COPy PLEASE RETURN DATE: ()d- If, d.-CGS PRO PROTHY ! VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. c.s. 94904 relating to unsworn falsification to authorities. DATE: "~/2(11C'0 , 1 By: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 161 7 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 The Provident Bank, f/k/a Provident Savings Bank ATTORNEY FORPLAINTITF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Scott A. Lehman Denise D. Lehman No. 05-3951 Civil Term Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Scott A. Lehman Denise D. Lehman 35 Roxbury Road Newville, PAl 7241 DATE: s / eLj )(,;0 I I By: F.... ..-.,,~. ,,'_J J --- ..-~. _.>~ \~ .--\ f\.\ ,- , ;\\ (;, " .,.4 (;~ The Provident Bank, f/kla Provident Saving Bank Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Scott A. Lehman Denise D. Lehman Defendants 05-3951 CIVIL ORDER OF COURT AND NOW, this 5th day of April, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before April 26, 2006; 3. The petition shall be decided under Pa.R.C.P. No. 206.7; 4. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing shall be held on the 2nd day of May, 2006, at 1 :30 p.m. in Courtroom No.5 of the Cumberland County Courthouse. If no answer to the Rule to Show cause is filed by the required date, the relief request by Plaintiff shall be granted. By the Court, ~'t M. L. Ebert, Jr., bas , I I\.,: ,." '1 'II :I,' u U. \:;l~i c;- \! JI.! ~,:U ,j ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. J.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF The Provident Bank, f/kla Provident Savings Bank Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Scott A. Lehman Denise D. Lehman No. 05-3951 Civil Term Defendants CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of April 26, 2006 has been served upon the following persons: Scott A. Lehman Denise D. Lehman 35 Roxbury Road Newville, PA 17241 PHELAN'R'ALL .AN & SCHMIEG, LLP ./ } '\ \ By: ~ ,\ _1 -, -~ / / ;.~ - ---- ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA RECEIVED APR 0 2 2~:B r The Provident Bank, [/kJa Provident Savings Bank Court of Common Pleas Plaintiff Civil Division ( vs. Cumberland County Scott A. Lehman Denise D. Lehman No. 05-3951 Civil Term Defendants ORDER I\~ AND NOW, this 2. day of Mo.,! , 2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance Interest Through 5110106 Per Diem $21.14 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections AppraisallBPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $82,334.34 9,772.70 0.00 1,675.00 1,637.50 1,455.20 0.00 0.00 0.00 0.00 0.00 820.07 TOTAL $97,694.81 Plus interest from 5/10106 through the date of sale at six percent per annum. : The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT ~ -\. ~\ 98534 C'."V'> ,_':/j{IV 111;7 '..1,....1. 7_ 1 111.1 0;1Q7 (., .. (, H oJ, )'U..... Atf'LC>]" 3:-U .:1'J :3~';':,'::'..cnH .... COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND } SS: I, Rober! P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 10th day ofMav AD., 2006, under and by virtue ofa writ Execution issued on the 18th day of Oct, AD., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 3951, at the suit of Provident Bank against Scott A Lehman & Denise D is duly recorded in Deed Book No. 274, Page 3657. and seal of said office this IN TESTIMONY WHEREOF, I have hereunto set my hand ;2[d: , AD. ~ IffJC day of ~ .' " The Provident Bank, f/k!a Provident Savings Bank VS Scott A. Lehman and Denise D. Lehman The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3951 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 11,2006 at 7:45 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Scott A Lehman and Denise D. Lehman, by making known unto Scott Lehman, personally and adult in charge for Denise D. Lehman, at 35 Roxbury Road, Newville, PA 17241, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at 10:25 o'clock AM., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott A Lehman and Denise D. Lehman, located at 35 Roxbury Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Scott A Lehman and Denise D. Lehman, by regular mail to their last known address of 35 Roxbury Road, Newville, P A 17241. These letters were mailed under the date of January 12,2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 10, 2006 at 10:00 o'clock AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$1,118.43. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 21.93 15.00 15.00 30.00 10.00 .50 1.00 24.64 Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Postpone Sale Sheriffs Deed So Answers: /~ .-t:?~~ R. Thomas Kline, Sherif[ BJ0~~ Real Estate ergeant 4.64 15.00 30.00 1.17 455.00 359.00 21.05 25.00 20.00 39.50 $1,118.43 cp..- (, - /)i"o{, ./ o;?~ ?;o.1JO I'~ M. 6~rJ'{ ((...... /1f9.l1 ., THE PROVIDENT BANK, FIK/A PROVIDENT SAVINGS BANK . CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SCOTT A. LEHMAN DENISE D. LEHMAN NO. 05-3951 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) THE PROVIDENT BANK. FIKIA PROVIDENT SAVINGS BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .35 ROXBURY ROAD. NEWVILLE. PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT A. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PROVIDENT SAVINGS BANK 830 BERGEN AVENUE JERSEY CITY, NJ 07306 '. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 35 ROXBURY ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 13. 2005 DATE ~~ Jj_.1(~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff ,.' " , THE PROVIDENT BANK, FIK/A PROVIDENT SAVINGS BANK CUMBERLAND COUNTY Plaintiff, No. 05-3951 CIVIL TERM v. SCOTT A. LEHMAN DENISE D. LEHMAN Defendant(s). October 13, 2005 TO: SCOTT A. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 DENISE D. LEHMAN 35 ROXBURY ROAD NEWVILLE, PA 17241 "THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COllECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOUW NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 35 ROXBURY ROAD. NEWVILLE. PA 17241. is scheduled to be sold at the Sheriffs Sale on MARCH 8. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment 0[$79.836.44 obtained by THE PROVIDENT BANK. FIK/A PROVIDENT SAVINGS BANK (the mortgagee) against you. In the 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 OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIllS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 also ask the Court to postpone the sale for good cause. 3. You may 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 more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 your 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 ofthe 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 proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house 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 (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a reoresentative of the olaintiff 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 -. 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D111TIlHaI OP 1I7.'& PBT TO Jaf IIIIW PIlI', mil I'Wla OF IIIIlJIIllIIUCJ. COII'I'AIIlDlG .,. ..03 JIlCRI!I8. BIIDIlJ 'l'RII S" PIlDPDTr ~ TO SCOTT A. I:._IIAII llIIIl DIIHI81 D. LIiIIIUIf BD81WIID AIm Ir.IFB BI' DBIID !'RCII CU\DlE II. BCIU\FI!'S11 .AJII) GliIClJIlD: l". IUlIlTDI POWl!III. 01' AT'I'QJlIIBY POll UII\&T1'A G. l'l1lJl'lIII, 'llt1lClW UCOmE) 01/23/19" Df IlIIlm BDOE 11'7 P.N'lI ,:a6, III'l'II:I 0WJ:l!B or 'lID! ~lDR OJ!' DIlIlDll cg mIIIIIl!llLAIIm ClllIII'N, PBIINBYLY'JlIIIA. TAE J:Dt ~5-.'3~-1 PREMISES BEING: 35 ROXBURY ROAD, NEWVILLE, P A 17241 " WRIT OF EXECUTION and/or ATTACHMENT . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3951 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE PROVIDENT BANK, FIK/A PROVIDENT SAVINGS BANK, Plaintiff (s) From SCOTT A. LEHMAN AND DENISE D. 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $79,836.44 L.L. $.50 Interest FROM 10/13/05 TO 3/8106 (pER DIEM - $13.12) - $1,915.52 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $137.20 Other Costs Plaintiff Paid Date: OCTOBER 18, 2005 ~ (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ~ ~ ~ ~. ~J @ " i:f~ '0.J,~ t\,._~~ \'-'/~;:'~", ~~-.<" Real Estate Sale # 32 On December 13,2005 the Sherifflevied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, P A Known and numbered as 35 Roxbury Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2005 By::0oilij S~ Real Estate Sergeant EZ :b "I \ Z ]:)0 ~GUL ,,, . \I (' , "..\. i" ~ , }J\H3f\S . f) -~;.il-::L:jl ..; ~ -' '-' ~ 'W~ 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its ptincipal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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 Sundayl Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of Febrnary 2006. That neither he 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 he 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. PUBLICATION COpy S ALE #32 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~ PROOF OF PUBLICATION OF NOTICE It\' CUMBERLAND LAW JOURNAL (Under Act '\0, 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : 55. COUNTY OF CUMBERLAt\'D : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly SWUliI. according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carli sic in the County and State aforesaid, was established January 2, I ()52, and designated by the local courts as the official legal periodical for the publication ut' alllcgal notices, and has, since January 2, 1952, been regularly issued weekly in the said COUI1lV, 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, VlZ: January 20,27, Icbruary 3,2006 Affiant further deposes 111:lt he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical)!' general circulation, and Ihal 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 ,'l1aracter of publication are truc. REAL ESTATE SALE NO. 32 Writ No. 2005-3951 Clv1l The Provident Bank. f/k/a Provident Savings Bank VS. Scott A. Lehman and Denise D. Lehman SWORN TO AND SUBSCRmED before me this 3 day of February, 2006 Atty.: Daniel Schmieg SCHEDULE "A" 70-01630017 ALL that certaJn tract ofland wlth the improvements thereon erected situate in Lower Miftlin Township, Cumberland County. Pennsylvania, bounded and described in accor- dance with a survey made by Thom- as Alvin Neff. Registered Surveyor, on Juty 2. 1965. as follows: BEGINNING at an iron pin on the 6 _ . -~-"~) L. ~"'td,A/ .... NOlary. .. ....- .' [;' ~'H'" ;',", "J" j