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HomeMy WebLinkAbout06-4062 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 com Citizens Bank of PA 10500 Barkley , Suite 102 Overland Park, KS 66212 Plaintiff V. Timothy S. Lehman Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 0 L - 4/64k (2' >" CCOMPLAINT IN MORTGAGE FORECLOSURE 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demands en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IDIMBDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Mellon Bank, N.A. Assignments of Record to: Citizens Bank of PA Recording Date: LODGED FOR RECORDING 2. Defendant (s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 1780 Weatherburn Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Allen Township COUNTY: Cumberland DATE EXECUTED: 12/15/95 DATE RECORDED: 12/18/95 BOOK: 1296 PAGE: 253 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 7/17/06: Principal of debt due $6,937.86 Unpaid Interest at 10.65% from 12/17/05 to 7/17/06 (the per diem interest accruing on this debt is $2.02 and that sum should be added each day after 7/17/06) 288.42 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Late Charges (monthlyy late charge of $2.94 should be added in accordance with the terms of the note each month after 7/17/06) 22.32 Corporate Advance 100.00 Reasonable Attorneys Fees 1,250.00 TOTAL $9,203.60 7. The attorney's fee 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 in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $9,203.60 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J' Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WTC: BEGINNING AT A POINT SAID POINT BEING THE FOLLOWING SIX COURSES AND DISTANCES FROM PERIMETER COORDINATE 7 AS SHOWN ON THE AS-BUILT PLAN REERENCED HEREIN: (1) BY A CURVE TO THE RIGHT HAVING A RADIUS OF 266.48 FEET AN ARC DISTANCE OF 277.31 FEET TO A POINT OF THE INTERSECTION OF CAPITOL VIEW DRIVE AND THE CENTERLINE OF WEATHERBURN DRIVE ; (2) ALONG THE CENTERLINE OF WEATHERBURN DRIVE AFORMENTIONED SOUTH 88 DEGREES 28 MINUTES 46 SECONDS EAST A-DISTANCE OF 118.0 FEET TO A POIN; (3) NORTH 22 DEGREES 56 MINUTES 10 SECONDS EAST A DISTANCE OF 79.88 FEET; (4) NORTH 87 DEGREES 03 MINUTES 42 SECONDS WEST A DISTANCE OF 50.0 FEET TO A POINT AT THE CORNER OF LOT 72 BUILDING "0" (5) NORTH 32 DEGREES 56 MINUTES 18 SECONDS EAST A DISTANCE OF 40.0 FEET; (6) NORTH 57 DEGREES 03 MINUTES 42 SECONDS WEST A DISTANC EOF 2.0 FEET TO A POINT ON THE DIVIDING LINE BETWEEN LOT 70 AND LOT 72; SAID POINT BEING THE POINT AND PLACE OF BEGINNING; THENCE CONTINUING ALONG THE SAID DIVIDING LINE AND PASSING THROUGH THE CENTERLINE OF A PARTY WALL DIVIDING UNIT 70 AND UNIT 71 NORTH 57 DEGREES 03 MINUTES 46 SECONDS WEST A DISTANCE OF 32.0 FEET TO A POINT; THENCE NORTH J2 DEGREES 58 MINUTES 18 SECONDS EAST A DISTANCE OF 18.0 FEET TO A POINT; THENCE NORTH 57 DEGREES 03 MINUTES 48 SECONDS WEST A DISTANCE OF 6.0 FEET TO A POINT; THENCE NORTH 32 DEGREES 50 MINUTES 10 SECONDS EAST A DISTANC EOF 6.0 FEET TO A POINT ON THE DIVIDING LINE BETWEEN LOT 60 AND LOT 70; THENCE CONTINUING ALONG THE SAID DIVIDING LINE AND PASSING THROUGH THE CENTERLINE OF A PARTY WALL DIVIDING UNIT 69 AND UNIT 70 SOUTH 37 DEGREES 03 MINUTES 42 SECONDS EAST A DISTANCE OF 38.0 FEET TO A POINT; THENCE SOUTH 32 DEGREES 56 MINUTES 10 SECONDS WEST A DISTANCE OF 32.0 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOT 70 AS SHOWN ON THE AMENDED FINAL PLAN OF HUNTER'S RIDGE RECOREDED IN PLAN BOOK 58, PAGE 83 AND AS MORE PARTICULARY DESCRIBED" AS AS-BUILT PLAN OF SECTION I, HUNTERS RIDGE, DATED NOVEMBER 7, 1989 AND RECORDED IN PLAN BOOK 38, PAGE 83. BEING KNOWN AND NUMBERED AS 1780 WEATHERBURN DRIVE. TAX PARCEL #13-25-0008-240 ` UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRY HILL, NEW JERSEY 08003.3620 MARK J. UDREN* STUART WINNEG** 856. 669. 5400 GAYL SPIVAK*?* FAX: 856. 669. 5399 HEIDI R. SPIVAK*** MARISA JOY COHEN*** LORRAINE DOYLE** ALAN M. MINATO*** FREDDIE MAC 'ADMITTED NJ, PA, FL • ADMITTED PA PENNSYLVANIA M=ED NJ, PA TINA M ARIE RICH DESIGNATED COUNSEL OFFICE ADMIN=PATOR PLEASE RESPOND TO NEW JERSEY OFFICE June 7, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED ARTICLE #7006 0100 0005 3897 4332 7006 0100 0005 3897 4349 Timothy S Lehman Kathleen K Lehman 1780 Weatherburn Drive New Cumberland PA 17070 RE: Mortgage Loan dated December 15,1995 NOTICE OF INTENTION TO FORECLOSE Dear Mortgagor: PENNSYLVANIA OFFICE 215.568.9500 The Mortgage serviced/held by Citizen Bank of Pennsylvania (hereinafter we, us or ours) on your property located at 1780 Weatherburn Drive New Cumberland PA 17070 IS IN SERIOUS DEFAULT because you have not complied with the terms set forth in the Mortgage and Note. You have failed to pay the full amount due of $7,224.25 on your loan which matured on January 17, 2006. Other charges including Partial Payments, BPO Fees and Appraisal fees have accrued at the total amount of $1,200.00. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $7,224.25. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $7,224.25, plus any additional late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made to EXHIBIT A UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NEW JERSEY 08003-3620 If full payment of the amount of default is not made within THIRTY (30) DAYS, the lender also intends to instruct our firm to start a lawsuit to foreclose your mortgaged property. if the mortgage is foreclosed your mortgaged property will be sold by the Sheriff or other similar official to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe the lender, which may also include our reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's or other similar official foreclosure sale. You may do so by paying the total amount of 7,224.25 plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's or other similar official's sale could be held would be approximately six months from the date of this letter. A notice of the date of the Sheriff's or similar official sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (856) 669-5400. This payment must be cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's or other similar official sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's or other similar official sale, a lawsuit could be started to evict you. You shall have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU MAY HAVE RECEIVED OR YOU MAY SOON RECEIVE ANOTHER LETTER FROM US TITLED "NOTICE OF ACCELERATION" WHICH WE ARE REQUIRED TO SEND PURSUANT TO REQUIREMENTS WE HAVE TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. TO THE EXTENT THAT SUMS REQUIRED THEREIN OR INFORMATION SET FORTH THEREIN IS INCONSISTENT WITH THIS LETTER, THEN THAT LETTER SHALL TAKE PRIORITY, AND YOU SHOULD COMPLY WITH THE TERMS STATED IN THAT LETTER. Very truly yours, MMJU/ls CC: First Class Mail NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor H different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. 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D_ T7 L? o w K Y a $ to d n ?? ?? 0 0 4 'SOdd Put sodtl al Posselpi pew uo spell ee Iou Sl gol1ew,olul A,eApeP oI S8033e Jewel •AJlnbul un Bulllew uegle N U8385 PUB IdleSBJ SIYI eeeS UNV1HOdl ue e8eleodgsod4nM lagolo,,o pw xlye PuVeod,t 4oeJeP'DePeBU lou sl Jdleoe, RW PaUI1,e •Ileu+eP4tuo 0 ?,1P,aau a q m aolPo lsod eqJ le elo upijv pre ew Womd eeealtl'Pagmp 81 PhmIt e 4 Paee+aJ ew uo,peugead a {1 lue w ggM aosidlltw eta e,ew,o wap ew asMPtl llreup oe?oWBOH. wea,oPUe e-6e Pezl,apne e,ee 30-1 ? aewa,ppe ayJ m PePPJSe, e4 low A,en{lep 'eey ltueelPPH m ue 1 ldleae, IreW Peyp,ep,noA uo W 'SAW ten e'Jdreow wroa, OlMildla ?e 7lmnleM emeBAlw O1•d>eleanbatl ldleoe wlgeH a3eldlrew 89,OPU?•a6J 41,eAm, m aBys0d elgeoedda ppe lwe apN,e ey1 m ?ll6e e++ad Sd) Plle3atl =,4 oaee We lelduwo aaepd mWae Idleoeli wroey uppgo 01 s el PMa+o at Palaenbei eq Aaw 7weoea wMali e'sel flugAPPB Us 10:1 'Ilew pe,MISoH m pe,rtsul imsuoo mold'aggenleA d vow peen,ao qeM O3O1AOHd SI 3`JVH3Aoo aowwnSNI ON 'Irew reaoPewaJln w seep Aue,m elgellene,ou sl IreW PeeNaO ? ON AlPapd M 611Bw MID-191ld WMA Paulgwao aq All Aeuz new palm auod,u re/epulweJ! me s,aeA am JC4 eoPueS resod eq1 Aq ltlom AmM {o p om V a eneldum MMA,m,ey XOM anhryn V A Foam 3500. Jum 2002 (Rsvj Idlaae, Bulllew V F :SOPIAWd HOW Pelll>J8, V E R I F I C A T I O N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. M Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. ? , UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Citizens Bank of PA :COURT OF COMMON PLEAS 10500 Barkley , Suite 102 :CIVIL DIVISION Overland Park, KS 66212 :Cumberland County Plaintiff :MORTGAGE FORECLOSURE V. Timothy S. Lehman ::NO. 06-4062 Civil Term Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) Timothy S. Lehman and Kathleen K. Lehman for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $9,203.60 Interest Per Complaint 94.94 From 7/18/06 to 9/2/06 Late charges per Complaint 2.94 From 7/18/06 to 9/2/06 TOTAL $9,301.48 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice 4s been given in accordance with Rule 237.1, a copy of which is attache hereto. LAW OFFICES, P.C DAMAGES ARE HEREBY ASSESSED AS DATE : c? QZ2Lri_ Ma J. Udren, ESQUIRE At rney for Plaintiff 4DICATED PRO PR HY ?- UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 _ CHERRY HILL, NJ 08003-3620 856-669-5400 - pleadings@udren.com Citizens Bank of PA :COURT OF COMMON PLEAS. 10500 Barkley Suite 102 :CIVIL DIVISION Overland Park, KS 66212 Plaintiff :Cumberland County - V. Timothy S. Lehman Kathleen K. Lehman NO. ?(o LI'J lot 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 SHERIFF'S RETU N - REGULAR 'CASE NO: 2006-04062 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PA VS LEHMAN TIMOTHY S ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE LEHMAN KATHLEEN K was served upon the DEFENDANT , at 1932:00 HOURS, on the 21st day of July 2006 at 1780 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 KATHLEEN LEHMAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So An Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 07/28/2006 UDREN LAW OFFICE Sworn and Subscibed to By: mawAlkinka- ??e beme this day ty Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04062 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PA VS LEHMAN TIMOTHY S ET AL JESSICAN HERMANSEN , 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 TIMOTHY S the DEFENDANT at SCIC at 1327:00 HOURS, on the 27th day of July , 2006 CAMP HILL, PA 17011 TIMOTHY LEHMAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge Sworn and Subscibed to before me this of 18.00 2 7. 2 8 So Answer .39 10.00 R. Thomas Kline .00 55.67 07/28/2006 UDREN LAW OFFICE By day De ty She iff A.D. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 ATTORNEY FOR PLAINTIFF CHERRY HILL, NJ 08003 856-669-5400 Citizens Bank of PA Plaintiff V. Timothy S. Lehman Kathleen K. Lehman Defendant(s) T0: State Correctional Institute Timothy S. Lehman 2520 Lisburn Road Camp Hill, PA 17011 DATE of Notice: August 22, 2006 IMPORTANT NOTICE COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-4062 Civil Term 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 600-990-9108 NOTICE: PURSUANT TO THE FAIR DEB C LLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECT E THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED 3?iI USED FOR THAT PURPOSE. Mark J1. Urifen, Esquire Woodcresc Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER ATTORNEY FOR PLAINTIFF 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Citizens Bank of PA Plaintiff V. Timothy S. Lehman Kathleen K. Lehman Defendant (s) TO: Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 DATE of Notice: August 22, 2006 IMPORTANT NOTICE COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-4062 Civil Term 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLE T . THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAI D W BE USED FOR THAT PURPOSE. T S/ Mar ren, Esquire Woodcr st Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Citizens Bank of PA 10500 Barkley , Suite 102 Overland Park, KS 66212 Plaintiff V. Timothy S. Lehman Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-4062 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age. Residence: Employment: Defendant: Age. Residence: Employment: Timothy S. Lehman Over 18 As captioned above Unknown Kathleen K. Over 18 As captioned Unknown Sworn to and subscribed before me this 2nd day MS eptemb r, 2006. ,a y u is Lehman above Name : `ARK J. UDREN, '9-SQ . Title ATTORNEY FOR PLAINTIFF Compa UDREN LAW OFFICES, P.C. Ln UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Citizens Bank of PA ':COURT OF COMMON PLEAS 10500 Barkley , Suite 102 :CIVIL DIVISION Overland Park, KS 66212 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Timothy S. Lehman ::NO. 06-4062 Civil Term Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $9,301.48 Interest From September 3; 2006 375.72 to Date of Sale March 7, 2007 Ongoing Per Diem of 2.02 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C a` -Lf J. Udren, ESQUIRE TTORNEY FOR PLAINTIFF r ?t N:. 1 w ,? V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4062 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIZENS BANK OF PA, Plaintiff (s) From TIMOTHY S. LEHMAN AND KATHLEEN K. LEHMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9,301.48 L.L. $.50 Interest FROM 9/3/06 TO DATE OF SALE 3/7/07 - ONGOING PER DIEM OF $2.02 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE -- $375.72 Atty's Comm % Atty Paid $153.67 Plaintiff Paid Date: SEPTEMBER 11, 2006 (Seal) Due Prothy $1.00 Other Costs (1?k' Curtis R. ong, Prothon to By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Citizens Bank of PA :COURT OF COMMON PLEAS 10500 Barkley Suite 102 :CIVIL DIVISION Overland Park, KS 66212 :Cumberland County Plaintiff :MORTGAGE FORECLOSURE V. Timothy S. Lehman :NO. 06-4062 Civil Term Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the 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 insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the pena ties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsificati n to authorities. LAW/OFICES,/P.C. k J. Udren, ESQUIRE ORNEY FOR PLAINTIFF UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF Mark J. Udren, Esquire BY. ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Citizens Bank of PA ;COURT OF COMMON PLEAS 10500 Barkley Suite 102 :CIVIL DIVISION Overland Park, KS 66212 :Cumberland County Plaintiff :MORTGAGE FORECLOSURE V. Timothy S. Lehman :NO. 06-4062 Civil Term Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Citizens Bank of PA, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1780 Weatherburn Drive (Lower Allen Township) New Cumberland, PA 17070 1. Name and address of Owner(s) or reputed Owner(s): Name Address Timothy S. Lehman Kathleen K. Lehman State Correctional Institute 2520 Lisburn Road Camp Hill, PA 17011 1780 Weatherburn Drive New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Bank of America Address to Follow 4. Name and address of the last recorded holder of every mortgage ' of -tecord : Name Address Plaintiff herein. See Caption above. Fairfax Mortgage Corporation Address to Follow Nationsbanc Mortgage Address to Follow Corporation 5. Name and address of every other person who has any record lien on the property: Name Address 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 Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St., Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Address Tenants/Occupants 1780 Weatherburn Drive (Lower Allen Township) New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. I UDREN LAW OFFICES, PIC. DATED: September 2, 2006 Mark J. Udren, ESQ. Attorney for Plaintiff " 13 77 Cv,? =1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111-WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Citizens Bank of PA :COURT OF COMMON PLEAS 10500 Barkley , Suite'102 =CIVIL DIVISION Overland Park, KS 66212 €,Cumberland County Plaintiff V. =MORTGAGE FORECLOSURE Timothy S. Lehman :NO. 06-4062 Civil Term Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Your house (real estate) at 1780 Weatherburn Drive(Lower Allen Township)New Cumberland, PA 17070 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $9,301.48, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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 Sheriff's Sale is not stopped, your property will be sold .to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal 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 after 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 Schedule of 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 r.,? rl` } -?? :-? i-? ?" ? ?? -_. , , ??. '? ;: ;s F?%z ,A? K„ UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATrY r!D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Citizens Bank of PA :COURT OF COMMON PLEAS 10500 Barkley , Suite 102 =CIVIL DIVISION Overland Park, KS 66212 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Timothy S. Lehman :NO. 06-4062 Civil Term Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Timothy S. Lehman State Correctional Institute 2520 Lisburn Road Camp Hill, PA 17011 Your house (real estate) at 1780 Weatherburn Drive (Lower Allen Township)New Cumberland, PA 17070 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $9,301.48, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 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 TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal 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 after 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 Schedule of 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 \'? Y ? -y SHERIFF'S RETURN - REGULAR CASE NO: 2006-04062 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PA VS LEHMAN TIMOTHY S ET AL JESSICAN HERMANSEN 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 TIMOTHY S the DEFENDANT at 1327:00 HOURS, on the 27th day of July , 2006 at SCIC CAMP HILL, PA 17011 by handing to TIMOTHY 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: So Answer Docketing 18.00 Service 27.28 Postage .39 Surcharge 10.00 R. Thomas Kline of A. D. .00 55.67? 07/28/2006 /dSlv? UDREN LAW OFFICE Sworn and Subscibed to By: 1 before me this day De ty -Sheriff k ._W SHERIFF'S RETURN - REGULAR CASE NO: 2006-04062 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PA VS LEHMAN TIMOTHY S ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEHMAN KATHLEEN K the DEFENDANT at 1932:00 HOURS, on the 21st day of July 2006 at 1780 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 by handing to KATHLEEN 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: so ;50 7 Docketing 6.00 r 1 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00,," 07/28/2006 g)d5"`v4 (,- UDREN LAW OFFICE Sworn and Subscibed to By: before me this day De ty Sheriff of A.D. e UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Citizens Bank of PA :COURT OF COMMON PLEAS 10500 Barkley Suite 102 :CIVIL DIVISION Overland Park, KS 66212 :Cumberland County Plaintiff V. Timothy S. Lehman Kathleen K. Lehman :NO. 06-4062 Civil Term 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subjec to the i.e of 18 Pa.C.S. Section 4904 relating to unsworn falsification o authoritie . ? ., Dated: March 1, 2007 UDREN LAW OFIIIZESI, P.C. BY: Mark . Udren, Esquire Attornev for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Citizens Bank of PA :COURT OF COMMON PLEAS 10500 Barkley Suite 102 !CIVIL DIVISION Overland Park, KS 66212 :Cumberland County Plaintiff :MORTGAGE FORECLOSURE V. Timothy S. Lehman `:NO. 06-4062 Civil Term Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Citizens Bank of PA, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1780 Weatherburn Drive (Lower Allen Township) New Cumberland, PA 17070 1. Name and address of Owner(s) or reputed Owner(s): Name Address Timothy S. Lehman Kathleen K. Lehman State Correctional Institute 2520 Lisburn Road Camp Hill, PA 17011 1780 Weatherburn Drive New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Bank of America 4. Name and address of of record: Name Plaintiff herein. Address See Caption above. Fairfax Mortgage Corporation 1 Rutherford Plaza Building 7133 Rutherford Road Baltimore, MD 21244 Nationsbanc Mortgage 1201 Main Street, 5th Floor Corporation Dallas, TX 75202-3908 5. Name and address of every other person who has any record lien on the property: Name Address 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 Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St., Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Address 4161 Piedmont Parkway Greensboro, NC 27410 the last recorded holder of every mortgage Tenants/Occupants 1780 Weatherburn Drive (Lower Allen Township) New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. P. C. DATED: March 1, 2007 Mark J? Udren, Esquire Attorney for laintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 10500 Barkley Suite 102 :CIVIL DIVISION Overland Park, KS 66212 :Cumberland County Plaintiff v. ':NO. 06-4062 Civil Term Timothy S. Lehman Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) Citizens Bank of PA :COURT OF COMMON PLEAS DATE: September 2, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Timothy S. Lehman and Kathleen K. Lehman PROPERTY: 1780 Weatherburn Drive (Lower Allen Township) New Cumberland, PA 17070 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 7, 2007, at 10:00am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 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. EXHIBIT A L 97 W cA - ' of N Y ? ? m 'W ?C ? xwjd a iEa a c 'g v 0 Eris .ec NE v 88 ° a a, 41 E 4) ?'o > a'?a - y ff for: e CD , CL Mgt 9 &0 s E:9 Cl?O ? d y Q 88 000 a V Wp a °o V a agpOC °0- GC t LU 1U. UZ ? W J J 'o gu°= $ UJ?30?C E S = Z z °E z C h '? f6 N '- N rb v. z¢o _ R9 U b ?ks CC M W ? W E c H m 1.m• { 30yisod IS'g1 1331344 Bd O ui Q Qg o O Q S N E °a z °N m° ?_ 2 - rte. o !co Z U? m? R ?- eo U, 3a , m IV W to tu i? 0 mco E W W J U O = U Cl) 17 ~ S Aj n? L Go QLQ WW p c 0 X Z 0 W ? 4 U cs a CO i-- 4 Z 5 J" -E: M Iw ILo Ito Ir- o 0 W ir S-0 c ?N C T t0 ?j M d ?A o EXHIBIT A C CL n°. m O x ti m a V m a 0 V m 0 LL ?m a? LL h? r` M 0 U W a losm. K-c" ,y S m 4 C/i ? N v Nom ` rt$ CO vtL ?" L O a° ° a c0 Ems ??OV 4 ?? y os Rf m o ? N> C x m m - ? 3 C 7 N N ..• i6 O? tm?6 :? C l3 7 m a? OZ L Oct _ y N• c L)?3? cU T O Q a m ? m ? .r2 LL m O C W ??OQ D N O ? a d m N^00a? $' N O m LC?UV N [300 J Q D a 4 rs F " c o W co o q °- z O M Z ptr o W r W W c m U C? w a a CO a0Q UJ CD T- ol a ? n p ? Oi Npp? ' ?uaa3 cr' ?X V cmr t n m QU ?a? ?t- Z 00 U. u , t U g m fL ? NUJ 3Wa= z? wa t7 ?O r= 4 4 m jW- 07? v 0 at c LLN X? Z? m 4 CIE ZWp 3 W z zw C cc 3 , V O E CD u r- z u ? CID E '? o m `[ Z W O J G N ' d ? m C m?NTA-m O 4 0 = p E?mm°t ? G N ? m t Q E ? m m m L m ?m Iss m E m E$ o:o '? m t g W m m m? U p - ?? ppo m ? y V $ ? . C m, c ` m E m m rd c EG m ? c m >oE??-rrni m o?Om?NU a ? m O G N C S ?'So I r T SZ O ? cc 6 U 0 a ?G ¢ to co Zak N M ¢o ovm o N a Z ° ?p l o ? d h -? y co O r EXH?g?T ?` rn m 11. co I 0 I tL 0. Citizens Bank of PA In the Court of Common Pleas of VS Cumberland County, Pennsylvania Timothy S. Lehman and Kathleen K. Lehman Writ No. 2006-4062 Civil Term Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2006 at 1018 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Timothy S. Lehman, by making known unto Timothy S. Lehman, personally, at SCI Camp Hill, 2520 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on December 20, 2006 at 2015 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Kathleen K. Lehman, by making known unto Kathleen K. Lehman, personally, at 1780 Weatherburn Drive, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her 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 19, 2007 at 1400 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Timothy S. Lehman and Kathleen K. Lehman located at 1780 Weatherburn Drive, New Cumberland, Cumberland County, 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 defendant, to wit: Timothy S. Lehman, by regular mail to his last known address of 5354 Oxford Circle, Apt. 64, Mechanicsburg, PA 17055. This letter was mailed under the date of January 12, 2007 and never returned to the Sheriff s Office. 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 defendant, to wit: Kathleen K. Lehman, by regular mail to her last known address of 1780 Weatherburn Drive, New Cumberland, PA 17070. This letter was mailed under the date of January 12, 2007 and never returned to the Sheriff s Office. So Ans ers: R. Thomas Kline, Sheriff BY C , Real Estate eputy Emlw-f e ?W,. C) ` r, `T'?-- - i Z? R1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Citizens Bank of PA :COURT OF COMMON PLEAS 10500 Barkley , Suite 102 'CIVIL DIVISION Overland Park, KS 66212 :Cumberland County Plaintiff V. ::NO. 06-4062 Civil Term Timothy S. Lehman Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) PRAECIPE TO MARK SETTLED, DISCONTINUED AND ENDED AND SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the above captioned matter SETTLED, DISCONTINUED AND ENDED AND JUDGMENT SATISFIED, upon payment of your costs only. S? Mark J. Udren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff DATED: March 26, 2007 ?a c Citizens Bank of PA In the Court of Common Pleas of VS Cumberland County, Pennsylvania Timothy S. Lehman and Kathleen K. Lehman Writ No. 2006-4062 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Mark Udren. Sheriff's Costs: Docketing $30.00 Poundage 227.71 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 42.24 Certified Mail 5.34 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 551.00 Patriot News 488.72 Share of Bills 16.93 $1,458.34 So Answers: 00"- 000411, " e ?R. Thomas Kline, Sheriff BY Real Estat ergeant ? 31A-LJb 7 (- 'S', gb4 i4oG Z? ,UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire. ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Citizens Bank of PA :COURT OF COMMON PLEAS 10500 Barkley Suite 102 :CIVIL DIVISION Overland Park, KS 66212 :Cumberland County Plaintiff :MORTGAGE FORECLOSURE V. Timothy S. Lehman :NO. 06-4062 Civil Term Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Citizens Bank of PA, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1780 Weatherburn Drive (Lower Allen Township) New Cumberland, PA 17070 1. Name and address of Owner(s) or reputed Owner(s): Name Address Timothy S. Lehman State Correctional Institute 2520 Lisburn Road Camp Hill, PA 17011 Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Bank of America Address to Follow ,4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Fairfax Mortgage Corporation Address to Follow Nationsbanc Mortgage Corporation Address to Follow 5. Name and address of every other person who has any record lien on the property: Name Address 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 Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St., Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Address Tenants/Occupants 1780 Weatherburn Drive (Lower Allen Township) New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. 1 UDREN LAW OFFICES, PJC. DATED: September 2, 2006 Mark J. Udren, ESQ. Attorney for Plaintiff LE :b V 81 d3S 9001 r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF r BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Citizens Bank of PA :COURT OF COMMON PLEAS 10500 Barkley , Suite'102 :CIVIL DIVISION Overland Park, KS 66212 ::Cumberland County Plaintiff V. =MORTGAGE FORECLOSURE Timothy S. Lehman :NO. 06-4062 Civil Term Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Your house (real estate) at 1780 Weatherburn Drive(Lower Allen Township)New Cumberland, PA 17070 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $9,301.48, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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 TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal 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 after 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 Schedule of 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 L E :b V 81 d3S 9GGl 3 tl (I N? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Citizens Bank of PA :COURT OF COMMON PLEAS 10500 Barkley , Suite 102 :CIVIL DIVISION Overland Park, KS 66212 ,Cumberland County Plaintiff V. `MORTGAGE FORECLOSURE Timothy S. Lehman ::NO. 06-4062 Civil Term Kathleen K. Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 Def endant (s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Timothy S. Lehman State Correctional Institute 2520 Lisburn Road Camp Hill, PA 17011 Your house (real estate) at 1780 Weatherburn Drive (Lower Allen Township)New Cumberland, PA 17070 is scheduled to be sold at the Sheriff's Sale on March 7, 2007, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $9,301.48, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 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.) a ,YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal 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 after 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 Schedule of 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 LI *b V 81 d3S ROOZ r +FS' . ? FFd FFi k e.f WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4062 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIZENS BANK OF PA, Plaintiff (s) From TIMOTHY S. LEHMAN AND KATHLEEN K. LEHMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9,301.48 L.L. $.50 Interest FROM 9/3/06 TO DATE OF SALE 3/7/07 - ONGOING PER DIEM OF $2.02 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE -- $375.72 Atty's Comm % Atty Paid $153.67 Plaintiff Paid Due Prothy $1.00 Other Costs Date: SEPTEMBER 11, 2006 (Seal) Curtis R. L g, Prothono By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 Real Estate Sale # 08 On October 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1780 Weatherburn Drive, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 31, 2006 By: ?- Real Es to Sergeant L .b d 81 d3S 4001 I 04M Ga 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. 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 Sworn to and sub rib 8gfee- me this 26th day of February 2007 A.D. S A L E #8 COMMONWEALTH OF PENNSYLVANIF Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, D phin County My Commi ion Ex ' June 6, 2010 )Member. Pen vAni ssociation of Notarie Y CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 at a P" ad pawl Abu* Six man I" I'mm oooldm 7 as -, - ea?t= Mamie: (1) by a ,Isla havieg a sate of 2611.46 *t ma arc theta of 27731 fed to a poW of the inwom d C*w view Dave ad the ewe of alOaitr6Um Dave; (2) aim the ce0o & ofR as ,Ddve„ son& 88 e#eVw 29 mi Mm 46 aermh east a distance of 1180 fw to a pe* (3) math 22 degm 56 mb*s 10 a mob essta doom of 79.88 -fees; (4) =6 87 dogeeea 03 sMos 42 aemads wed a d twm of WNW to apoutt at the comer of la 72 Buid tg,"U" (5): math 32 degreea 56 aaimdaa 18 s ao& east adapw of 40.0 fee,t (6) earth 5( depm 03 aoiaasea 42 mconds west a distam 4 10 feet to a paint on &e diOft line boveEL!a 70 and Lot 72; sand parch being V pow and p1m of berg;' thmee ooMinaing4 aoag the said divAM We sad P-g 6e e of a puty mU dividing Unit 70 and Unit 71 mark 57 degates 03 n*mea 46 ascends west a distance o(32.0 fed to a point; t ove w* 32 depm 58 mimufts 1119eog6 sad a Mum of 18.0 fcd to a point t er -,Yffi 57 d*m 03 mimft 4g seconds "j a .:stmce of 6.0 Acct to a point fence amt If deg m,50 mkmft 10 aecaadt east a diatasee of 6.0 feet to a pond on it d Yiftg lire tiaNreZU #at 60 and Lot 70, dmnM *09 tMe ttai8 divi * lime aad pt.=wg * eaetaDse of a pasty wad d1wks LW 0 aad 1* 70 sou& 37, degtoea 03 ®aatca 42 amok c"..iWOM of 38.0 W 1o 490pk*mm math 32 deg m S6 mi.alaa 10 smos* wW a eislm of 320 facet m ll N"OW. W 10 70 is *on of 6e uwo&d final phis 4 fil aleeve* momi ld i no Deck 5& plgo 13 at tU ttiom pa &Wkiy &KHW as A666 No of Sake 1, fha m Ridge, d"Novembar 7,1989 cad. in fin f3. a as i7gfl a z Drive T, 170* hap" Otp i T11IJA'PCIS '1?.YIN Tommy' 8. g. LdYwn. hie wife Ma L 7bm6aagh, now known at L Qadlitdt 4 0 Jordan D. bxbas4se *W 8f3U 95mmaka 'Bwk127,page969. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 8 Writ No. 2006-4062 Civil Citizens Bank of PA VS. Timothy S. Lehman and Kathleen K. Lehman Atty.: Mark Udren ALL THAT CERTAIN lot or par- cel of land situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point said point being the following six courses and distances from perimeter coordinate 7 as shown on the as-built plan ref- erenced herein: (1) by a curve to the right having a radius of 266.48 feet an arc distance of 277.31 feet to a point of the intersection of Capi- tol View Drive and the centerline of Weatherburn Drive; (2) along the centerline of Weatherburn Drive aformentioned South 88 degrees 28 minutes 46 seconds East a distance of 118.0 feet to a poin; (3) North 22 degrees 56 minutes 10 seconds East a distance of 79.88 feet: (4) North 87 degrees 03 minutes 42 seconds West a distance of 50.0 feet to a point at the corner of Lot 72 building "O" (5) North 32 degrees 56 minutes 18 seconds East a dis- tance of 40.0 feet; (6) North 57 de- grees 03 minutes 42 seconds West a distance of 2.0 feet to a point on the dividing line between Lot 70 and Lot 72; said point being the point and place of beginning; thence con- tinuing along the said dividing line and passing through the centerline of a party wall dividing unit 70 and unit 71 North 57 degrees 03 min- utes 46 seconds West a distance of 32.0 feet to a point; thence North 32 degrees 58 minutes 18 seconds East a distance of 18.0 feet to a point; thence North 57 degrees 03 minutes 48 seconds West a distance of 6.0 feet to a point: thence North 32 degrees 50 minutes 10 seconds East a distance of 6.0 feet to a point on the dividing line between Lot 60 and Lot 70; thence continuing along the said dividing line and passing through the centerline of a party wall dividing unit 69 and unit 70 South 37 degrees 03 minutes 42 seconds East a distance of 38.0 feet to a point; thence South 32 degrees 56 minutes 10 seconds West a dis- tance of 32.0 feet to the point and place of beginning. BEING Lot 70 as shown on the amended final plan of Hunter's Ridge recorded In Plan Book 58, Page 83 and as more particulary described as as-built plan of Section I, Hunt- ers Ridge, dated November 7, 1989 and recorded in Plan Book 38, Page 83. BEING KNOWN AND NUM- BERED AS 1780 WEATHERBURN DRIVE. TAX PARCEL #13-25-0008-240. BEING KNOWN AS: 1780 Weath- erburn Drive (Lower Allen Town- ship), New Cumberland, PA 17070. PROPERTY ID NO.: 13-25-0008- 240. TITLE TO SAID PREMISES IS VESTED IN Timothy S. Lehman and Kathleen K. Lehman, his wife by deed from Debora L. Turnbaugh, now known as Debora L. Cunnig- ham and Jordan D. Cunningham, her husband dated 8/31/95 re- corded 9/6/95 in Deed Book 127 Page 969.