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HomeMy WebLinkAbout06-4934 Lehman Capital, a Division of Lehman COURT OF COMMON PLEAS Brothers Holdings, Inc. CUMBERLAND COUNTY SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., ATTORNEY I.D. NO. 86727 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 97137 MEGAN D.H. SMITH, ESQ., ATTORNEY I.D. NO. 84047 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 12650 Ingenuity Drive Orlando, FL 32826 NO: OLD 14 qAY PLAINTIFF I VS. I I I Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 DEFENDANT(S) j COMPLAINT - CIVIL ACTION 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN 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 DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., ATTORNEY I.D. NO. 86727 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 MEGAN D.H. SMITH, ESQ., ATTORNEY I.D. NO. 84047 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman COURT OF COMMON PLEAS Brothers Holdings, Inc. CUMBERLAND COUNTY 12650 Ingenuity Drive n Orlando, FL 32826 NO: C(.- 3 y 1. lv? PLAINTIFF VS. Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Lehman Capital, a Division of Lehman Brothers Holdings, Inc., the address of which is, 12650 Ingenuity Drive, Orlando, FL 32826, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Ameriquest Mortgage Company Mortgagor(s): Patricia M. Sobotor and Michael P. Sobotor (b) Date of Mortgage: September 8, 1999 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1570 Page 401 Date: September 14, 1999 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Ameriquest Mortgage Company Assignee: Lehman Capital, a Division of Lehman Brothers Holdings, Inc. Date of Assignment: As Recorded Recording Date: As Recorded 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 19 Holly Estates Drive, Gardners, Pa 17324 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." 5. The name and mailing address of each Defendant is: Patricia M. Sobotor, 19 Holly Estates Drive, Gardners, PA 17324; Michael P. Sobotor, 19 Holly Estates Drive, Gardners, PA 17324 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of April 1, 2006 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of August 16, 2006: Principal of Mortgage debt due and unpaid $72,678.50 Interest currently due and owing at 10.5% per annum calculated from March 1, 2006 at $20.91 each day $4,119.27 Late Charge of $50.32 per month assessed on the 16th of each month from April 16, 2006 to August 16, 2006, (5 Months) $251.60 Accrued Late Charges $100.64 Property Inspection $6.06 Title Search/Report Fees $250.00 Attorneys' Fees and Costs $1,500.00 TOTAL $78,906.07 9. Interest accrues at a per diem rate of 20.91 each day after August 16, 2006, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' 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 Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et SeMc ., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: 23ID1:° S & K File No. 06-26957 SHAPIRO & KREISMAN, LLC BY; M eys for PI t ff ftcoRD MRTS 2 PL: RI.; 7F LEEO+ >? 1? 1`1 ? 2 31 pfr.1.1.1+1111r... d..lwwrt pglaraanlale rlla TM?'?0°"P""Y MORTGAGE SANTA, ANA. G 93'111 17a1310d.Nf1 Lew No. 1 " 78L7 MORT"019M ib bo mm') yn'°°sw-" t 1199 .nwa?pr PATMXlAY SCOW%-A Ap,PdpPpD)>t.l{U39ANDAND 8'IPE A'l1nn1,.Y1.7W d11+dOr111A1111S ? Il'? 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THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONETIME AND THE MAXIMUM RATE I MUST PAY. September 8, 1999 ORANGE CA Pow) Icityl IS" 19 HOLLY ESTATES DRIVE GARDNERS, PA 17321 1. BORROWER'S PROMISE TO PAY In return for a loan that I hew recMyad, I promise to pay U.S. $ 84,000.00 (Wa amount is caled'princonl'). Plus Interest, to the order of the Lander. The Lerddr b AhMA[QUEST MORTGAGE COMPANY 1 Wfdemb nd that the Lander maytrandes-N&J".-Do Lwder.P!Mwr* Op )ekes INS Note by transfer and who Is MOM to receive payments ceder this Note Is zWW fie 'Note Holder,' . -_...... -?._ ,. . 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid I wit pay Interest at a yearly rate of 10.500 %. This Interest rate.l.R pay may change in accdidance with Section 4 of this NoW The Merest rate raqulmd by ilia Section 2 wd Section 4 of this NPta.(s.01R. ?4te, l will pay both before and after any default described In Section T(B) of this Note. PAYMENTS (A) Time and Place of Payments I wN pay principal and Interest by makhnp paNmenb every month. _ I will make try rmrthiy payments on Oa fist day of each month beginning on ' November 1, 1999 I will make these payments every month and 1 have paid all of On pritdlal and Merest and any other charges described bekhwahatlmayoweunderthisNato, NympnOhly psynanb wE be?plisdbkwereat befoepMhdpal. t,on October 1, 2019 ,1 sip cure Nnoyrft under this Npte, I will pay tines amauNa In full on that dew which Is salted to ?tu? DOW 1willmakemypayrternteat: 505 SOUTH MAW SASEf(1'..RM 6000 , ORANGE, CA '92868 or at a different Place t ro Wred by on Nog Helder. (B) Amount of My InNW Monthly Paymada Each of my Initial monthly payments will be In the armed of U.S. i .... g{8.64 This amount may charge .--- '--•._ . (C) Monthly Payment Changes Clwgm In my aeredy paymentwi0 reflect changes In the wpolld principal of my ban and Inthe interest rate gat 1 mustpay. The Note Holder w10 determine my, now Interest rate and tlre.chenged.gn ourtof my rmrAhtVpayment In acwrdenoe wM Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES Ifs Change Dates The Interestlate I will pay may dharge on the ONt day of October _' _ 1, 20M , and on that day awry shah mo t ttere ter Each date o0 which my hderest rate cliagWilli s called a'ghange Date.' (B) The Index Beginning with the *9 Charge DaW,.my- Interest rate will be bW4_%jAj30W The'Indee is Vm evarege of Interbank offered ratan for six-month U.S.4aft demminabd depwib In the London market ('LIBOR-), as published in Me Wag Street Journal. The meet resent Index figure Wdatte as of the aaie 1.04ytildw"!hangs Date is called the'Cultent Index.- If at any Pont In trw tae-Index is m longer swlleble, to Ng4. HbIW will choose anew index Vast is based upon comparable k*Mratioa, The Note Hoft_WjK&%roe mike 9F.ftrdaM .. (C) Calculation of Changes Before won Change Dace, the. Note.HPl iff W11 ualcume my.m i by adding Plve Percentage Ptkl(s) ( . 5.000 %) to the Current Index. The NOW Holder will than round the result of this addition to the roved ooe-eight of we percent (0.125%). Sgb)sct to tM Mdis stated In Section 4(D) below. this rounded amount win be my naw interest rata until the next Change Data.-'ptllAO."dldr wa ten determine 9W amount of the monthly payment that would be vAderd in repay the unpaid principal that I am expected to owe at the [iwge DIft In full on the Maturity Data at my new interest rtde.k subsfantally equal payments. The result of this calculation war be ow amount of my monthly payment. . _. _ . - :.. WE HEREBY CERTIFYTHIB $ TO BE A TRUE AND CORRECT 1 copy OF')v!pRIWaIAL.. BY.. mu"a Meua AMFRIOI IP%'r M, iNQTfi4GE COMPANY E,?CN'??ZT ?? ? t . Loan No. 132139094697 (D) Limite on Interest Rate Changes The interest rate 1 am required in pay at the first Change Dato will mtbe greater than 13.500 % or leas than' 10.500 %. Thereafter, my Merest rate will now be increased or decreased on any single Change Date by more than Otte percentage pant(s) i 1.00(1 %) from the rate of Interest I lave been paying for the preceding six months. My In" fatswill never be greater than 16.300 % or leas am to _,m %• ... . . (E) Effective Date of Changes My new hiscost rate will become elfedve.an each Change Dale, I vA pay' t he amount of my new monthly payment beginning on the first montdy payment date after the Change Date rail the amgugl of my monthly payment changes again. , (F) Notice of Changes The Note Holder will deliver or mall to. me a rotia of any ch0tQgtM my interest rata and One amount of my monlilb payment before the effec " data of any ahaoge. The rotes win include kftm ifgW_ guImd by law to be given me and also One Sle and telephone number of a person who will.anewa any Weston t MW-13=1111genV the M01109- BORROWER'S RIGHT TO PREPAY I may repay Oda Note at any Ome se pmvWad Tor in this parepraph. If, vAdrn live (5) yeas from the data of the execution of dre Mortgage or Deed which secures this Note. I Mica a voluntay or kNOWltM prepayment dudril any consecutive eaelve (12) month period of say amount In excess of twenty percent (20%) of tlho-grunt. pdnaipal amount of INS Not% I agree to pay a prepayment charge aqud to six (6) monhm advance Interest cn-as,gmootp pant in exesee of my ndWUW nwrA* paymaas that have come due as of the data Of Prepayment 6. LOAN CHARGES If a law, which applies to this loan and which sets madmum ken charges, Is.T"lly Interpreted so that the Interest or other ban charges collected or to be collected In caahed9n who this loan excegd tpt pem*W Onas, teas: 0) shy such ban charge shag be reduced by the amount neceseay to roduoe the charge b the pamttad limit; and (a) any sums already collected from me which exceeded permitted lids Will be refunded to am. The Note Holder may ohoceA o make this mkmd by reducing Me principal I owe under this Note or by mating a direct payment to me. If a rehmd reduces IN principal, the reduelbn will be heated as a Peru prepayment 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments_..._ .. . __. _ If the Note Fbiderhas not recelved.the U.pMmuq of any morIft ppyngg by.pte end of BRan calendar days attar the dale it Is due, l will pay a lets charge to #*.Note Holder. The amouirkpf.0yf.dn a will be 6.000 % of my overdue payment of principal and bbrest 1 will pay this Mte charge promptly, butonly once on each lab payment (B) Default If I do not pay the full amount of each monthly payment on the date Lia d a. I will be In dateulL (C) Notice of Default it I see In default, the Note Folder may east me a written notes WIM me-that t I do not pay the overdue anoahi by a certain date, the Note Holler may require me to pay I mhedlately the full amount Of principal which has not been paid and all the interest that I care on that amount.. The dodo must be at least 30 9A gAf Vir.thq.4ate on Which the notice to delivered or mailed to me. (D) No Waiver by Nob Holder Even V. at a lime wAhen I am In defaut, to Nob Holder does not aquire me to pay kmsdletdy in full as deevbed above, to Note HolderWS eta have to tlpMO do ant I em h dstautata Ntertlme. (E) Payment of Nate Hdda's Costs and Expanses N the Note Folder has required me to. pay immediately In full as described above. to Note Holler will have Me VA to be paid back by me or all of is Qoss.aed.Nrpanaea In enforcing this Note b the estad not prohibited by applicable law. Those expenses include, or example, reasonable atomays' fees. & GMNG OF NOTICES- - Unless applicable law requires a ddfaautmghhotl, any notice that eta! by gholo"under this Note will be given by defiveri g t or by mailing it by fiat dace met to. me at the Property Address above or at a different address t I gWe to Note Holder a notice of my different address. Any notice that must be gNen to the Note Holder under Mtslola.wR pe gNern by mc6g It by tint class mall to the Note Holier at the address stated in Sector SW 80" or at a ditssoUt sd ),yLngWq notes of thatdiferent eddrees. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person sign this Note.aadlperaon is fully and personally oblgeled to keep es of the promisee made In this Nob, Including the promise to pay the full amount owed. Any person whole a gueraulor, surety or a KWW of this Nob Is also obligaled to do,Mesetings. Any person who takes over twee obVgoO m. bckmt.a to ogingatons of a guarantor, ease or endorser of ink Note. Is also obligated. AD keep at of der promises made In lids Note-Tha_Note Holder may stores its rights ceder this Nob against each person Individually or against at of us together. This wears- Mat any one of us may be required le pry at of is amounts owed under this Note. 10. WANERS. I and any other person who has obligations ceder We Note waive tt0 r!",Q[PresadmaM and notice of dishonor. 'Presentme r means the tight to require the Haft Folder to. of amounts due. "Notice of DWonce meal the o rer IrS the Note Holder to pia rhotlce to other. persona that BE A TRUEJIRD C CT COPY OF 7 ORfGRIAL. BY., -W ysyor oiq,,rvq AME ST MORTGAGE COMPANY - • Loan No. 13273909-SM 11. UNIFORM SECURED NOTE This Note Is a uniform Instrument with smiled yadaggns N some )uftdk orls.,ln addition, to the protection ztm In She Note Holder under this Note, A Mortgage, Deed of Trost or Sammy Deed (ft 'Security InsWmenr), dated the same as this Nob, promote tine We Holder from possible bases which might mutt If I do not keep the promises that I make In M15 Note. That the Security Iwttumewt describes hour and under what conditions I may to reWin ip peke immediate payment In full of al amounts I oweunderthle Note. Someofthose omxstiposAmAscriped as fgllgwgL__,._. Transfer of the Property or a Beneficial Interest in Sonowe. if_all or any part of the Property or any Interest In It Is sold or transferred (or if a beneficial Interest in Borrower is sold or transferred ancLBogiMer k not a atrial Person) without the Lenders prior written consent, Lender may, at its option, require Immediate. paymem In fW of a1 some secured by this Security Instrument However, this option shag not be exercised by Lender If exerg ai is Rn*kjtad by federal law cue of the date of aft Sacudyr Instrument. Lender 0150 shag rot a9wol8e1NS option ff. (a) Borrows. Fg be sub fled to lender triforwarlion required by Lender to evaluate the Intended bwferes se H a. new ban Wore tie-J ilLgiWe. to the transferee; and (b) Lender reasonable datemdnes that Lender's seaNly will rot be Impaired by the loan assumption and that the disk of a breach of any covenant or agreement In this Security Insbumnals-W&OPtteys to Lender. To the extent permitted by applicable law, Lender may c hege a merwriabj- I" as a condition of Lenders cowed to the khan assumption. Lender may also requka Iltatrwafem, to sign e0 asagL LLgpr?snanl that is acceptable to lender and that obligates the transferee to leap all the promises and agroemena.mada, in the Note and In this Secur y Instrument. BwoAW will continue b be oWyated under the Note old #6 Socu4y tnspumept.hmleea tm w LaLwm Borrower in writing. If Lender exercises the opfbn to require Immediate payment In fug. Lender Nall give Samovar notice of acoalesSon. The notice shalt provide a period of not lose than 30. days from the dab the notice ILOSA> rod or paled within which the Borrow must pry all suns secured by this S%ur y InShmMrf. If B.oh+owerfalls to PW these sunk to she expiration of We period, Lender may kwolre any remedies permitted by this Beauty Instument without further no" wdefand on Bonoww. 12. GOVERNING LAW PROVISION This Note and the related Security b) z tals.ggjKn24 bY#* AH441atlve Modaaoe.Tw"don Porgy Act, of 1982, 12 USC §3802 et seq., and, to ti* extent not inconsistent Marewl h, Fedelal and Stele law applicable to the jurisdiction of the property. Oral sgrwmente, promises or commilmems to lend money, extend esdI% or forbear from enforcing repsynwA of a debt, Including promises to extend, modify, renew or wain such debt, an not enlom"131a. This written agreement oordaina all the tams the Borrower(s) and the Lender have agreed to. Any subsequent agresma nt between us regarding this Note or the Irstrumentwhtch secures this Nola, must be In a signed writing to be legally enterowbic Wfl?GifiS THE HAND(S) AND SEAL(S) OF.TNE UNDERSIGNED. ti ..BOrtawer %1Cyt?f' r 1r? fseao.. _. -Borrower (Sea§ ----- -Borrower WE HEREBY CERTIFY THIS TO BE A-TRUE AN' r COPY OF TM rr1,., OFIRREI:T AMERIpU_E Mni+ir.wF COMPANY 3 of 3 iao-vm ".am Date: -7)z 1 1 ZjCO(P Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 1478 5690 7005 182 U?03 C. -vvr 6c a _j HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO ORIGINAL LENDER: CURRENT LENDERfSERVICER: LAW FIRM FILE NO.: Patricia M. Sobotor and Michael P. Sobotor 19 Holly Estates Drive, Gardners, PA 17324 30395008 Ameriquest Mortgage Company Ocwen Loan Servicing, LLC 06-26957 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR ]IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. t you have rded bankruptcy, you can still apply for Emergency Mort a e Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 19 Holly Estates Drive, Gardners, PA 17324 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: April 1, 2006 to July 1, 2006 @ 838.64 = $3,354.56 Other charges (explain/itemize): Late Charges: April 16, 2006 to July 16, 2006 @ 50.32 = 201.28 Pre-Default Late Charges: _ $100.64 Inspection Fees: $6.06 TOTAL AMOUNT PAST DUE: $3,662.54 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not a lic ble : HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3.662.54. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to: Ocwen Loan Servicing, LLC Cashiering Department 12650 Ingenuity Drive Orlando, FL 32826 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then pat due kl s any late or other char¢es then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. _4 HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Kreisman Address: 3600 Horizon Drive. Suite 150, King of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact Person: Ilana Zion. Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE PROCEEDING OR ANY OTHER MORTGAGE DOCUMENTS, OF A DEFAULT IN ANY FORECLOSURE LAWSUIT INSTITUTED UNDER THE • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a fist of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages If necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Date: -7 IZ 1 ZC6ko Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE attached naves. This Notice contains important legal information. If you have any, questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, DUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 7005 1820 0003 1478 5706 This notice explains how the Program works. HOMEOWNER'S NAME(S): Patricia M. Sobotor and Michael P. Sobotor PROPERTY ADDRESS: 19 Holly Estates Drive, Gardners, PA 17324 LOAN ACCT. NO.: 30395008 ORIGINAL LENDER: Ameriquest Mortgage Company CURRENT LENDER/SERVICER: Ocwen Loan Servicing, LLC LAW FIRM FILE NO.: 06-26957 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer cmddit counseling agencimfor the county in which the uroperty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. f you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it ug to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 19 Holly Estates Drive, Gardners, PA 17324 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: April 1, 2006 to July 1, 2006 @ 838.64 = $3,354.56 Other charges (explaintitemize): Late Charges: April 16, 2006 to July 16, 2006 @ 50.32 = 201.28 Pre-Default Late Charges: _ $100.64 Inspection Fees: TOTAL AMOUNT PAST DUE: $6.06 $3,662.54 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not a licable : HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3.662.54. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Ocwen Loan Servicing, LLC Cashiering Department 12650 Ingenuity Drive Orlando, FL 32826 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Ptopertv. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY Period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth In this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: j Name of Lender: C/O The Law Firm of Shapiro and Kreisman Address: 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Rana Zion, Esautre EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Acorn Housing 14 & 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 1. III T ' 4 Z ? • ?i7CiAA8N6N1 UAm Zion, &quire hereby sttttm that ebb h the Attorlley for the Plaintiff In this action, that she is authorized to make this Verification as the Plaintiff is outside the ,jurisdiction of the Court and Plaintiff a veriflo 4on could not be obtained within the time necessary to file this pleading, and that the statements made In the foregoing Complaint in Mortgage Foreclosure 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. See..4904 relating to unworn falsification to authorities: SHAPIRO & KRBISMAN BY: qfiM Zion, e Attanxey,for tiff Dated: ro Z? ?. 1 O f ' (S1? 4}1"iyyl Y { GO i SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. Ocwen Federal Bank, FSB 12650 Ingenuity Drive Orlando, FL 32826 PLAINTIFF VS. Patricia M. Sobotor and Michael P. Sobotor DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO:06-4934 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in the above-captioned civil action. Respectfully Submitted, SHAPIRO & KREISMAN BY: Il Zion, Esquire Attorneys for Plain ' f 1 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. v. Patricia M. Sobotor and Michael P. Sobotor VERIFICATION The undersigned is Assistant Vice President of Ocwen Loan Servicing, LLC on behalf of Lehman Capital, a Division of Lehman Brothers Holdings, Inc. and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Ocwen Loan Servicing, LLC, on behalf of Lehman Capital, a Division of Lehman Brothers Holdings, Inc. Date: Name: mi S iago Title: US For los e Facilitator Compan : Le Capital, a Division of Lehman Brothers Holdings, Inc. Loan: 30395008 06-26957 r?_ ._ , - -- ?. - ?,-, _,? =-f ?, ?_ , = -? - ? ` , . r SHERIFF'S RETURN - REGULAR SASE NO: 2006-04934 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEHMAN CAPITAL VS SOBOTOR PATRICIA M ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE ROROTOR PATRICIA M was served upon the DEFENDANT , at 0015:50 HOURS, on the 6th day of September, 2006 at 19 HOLLY ESTATES DRIVE GARDNERS, PA 17324 MICHAEL SOBOTOR a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.68 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.68,/ 09/07/2006 7 , 41J-7104, SHAPIRO & KREISMAN Sworn and Subscibed to before me this day By: of A. D. by handing to 2?IA ? D ut er f // V? SHERIFF'S RETURN - REGULAR r (&"ASE NO: 2006-04934 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEHMAN CAPITAL VS SOBOTOR PATRICIA M ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon SOBOTOR MICHAEL P the DEFENDANT , at 0015:50 HOURS, on the at 19 HOLLY ESTATES DRIVE GARDNERS, PA 17324 MICHAEL SOBOTOR a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 ,-? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00,/ 09/07/2006 40 SHAPIRO & KREISMAN Sworn and Subscibed to By: before me this day D rpllty( Sher f of A.D. by handing to 6th day of September, 2006 SHERIFF'S RETURN - NOT FOUND r -,.;ASE NO: 2006-04934 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEHMAN CAPITAL VS SOBOTOR PATRICIA M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the NOTICE , COMPLIANT IN MORTGAGE FORECLOSURE the within named DEFENDANT , OCCUPANT NOT FOUND , as to 19 HOLLY ESTATES DRIVE GARDNERS, PA 17324 NO ADDL OCCUPANTS LOCATED AT ADDRESS OTHER THAN DEFENDANTS Sheriff's Costs: So answers: ??---`- _?,..-- - Docketing 6.00 Service .00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00? Sworn and Subscribed to before me this day of SHAPIRO & KREISMAN 09/07/2006 A. D. SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF vs. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:06-4934 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $81,633.98 in favor of the Plaintiff and against the defendants, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 10.5% from March 1, 2006 to October 9, 2006 (223 days @ $20.91 per diem) Late charges (for certain months prior to default and every month after at a rate of $50.32 per month) Property Inspections Title Search Report Fees Attorneys Fees TOTAL AMOUNT DUE $72,678.50 $4,662.93 $402.56 $6.06 $250.00 $3,633.93 ,633.98 Lauren R. Tabas, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendants and damages are assessed as above in the sum of $81,633.98. 06-26957 - o. Prothy. SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., LAUREN R. TABAS, ESQ., AND ILANA ZION, ESQ. ATTORNEY I.D. NOS. 86727, 93337 & 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF VS. Patricia M. Sobotor Michael P. Sobotor DEFENDANT(S) STATE OF: Florida COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: COUNTY OF: Orange AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Ocwen Loan Servicing, LLC on behalf of Lehman Capital, a Division of Lehman Brothers Holdings,. Inc. By: NAME: JasnTer'ant ago TITLE: US F re los?u}}e Facilitator Sworn to and subscribed bVore me this 42a_ day of A)6,,,4 , 2006. _°psty Pa?? Notary Public State of Florida Queen Roberts Notary Public ?o My Commission OD566550 '?o. a° Expires 08%28/2010 SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF VS. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-4934 CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Patricia M. Sobotor DATE OF NOTICE: September 27, 2006 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o 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 o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Ilana Zion, Esquire Shapiro & Kreisman, LL Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF VS. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-4934 CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Michael P. Sobotor DATE OF NOTICE: September 27, 2006 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o 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 o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 R Ilana Zion, Esquir. Shapiro & Kreism LC Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF VS. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-4934 CIVIL TERM CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, September 27, 2006 to the following Defendants: Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 'ro vil"V? Ang a D Antonio, Le al Assistant to Ilana Zion, Esquire for Shapiro & Kreisman, LLC SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF VS. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:06-4934 CIVIL TERM CERTIFICATE OF SERVICE I, Lauren R. Tabas, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following persons or their attorney of record: Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Date mailed: -'W BY: 06-26957 Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF vs. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:06-4934 CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Lehman Capital, a Division of Lehman Brothers Holdings, Inc. 12650 Ingenuity Drive Orlando, FL 32826 and that the last known addresses of the judgment debtor (Defendants) are: Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 KREISMAN, LLC B Lauren R. Tabas, Esquire Attorney for Plaintiff 06-26957 F ar , n W Vt -?. Y ??y N OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Patricia M. Sobotor 19 Holly Estates Drive Gardners. PA 17324 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS NO:06-4934 CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. is R. Lon rothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN R. TABAS, ESQUIRE AT (610) 278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. ; PLAINTIFF VS. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:06-4934 CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. urtis R. n Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN R. TABAS, ESQUIRE AT (610) 278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment () Other Lehman Capital, a Division of Lehman File No. O Brothers Holdings, Inc. Amount Due $81,633.98 PLAINTIFF Interest October 10, 2006 to March 7, 2007 is $3,498.52 Atty's Comm VS. Costs Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) asl a lis defendant(s) described in the attached exhibit. /C Date: /6-10 a (a Signatu`e:L ?1XLX?-- U`-C Print Name: Lauren R. Tabas, Esquire Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # 93337 the xz- ?J f^ 4, p i W *% r °c\ f1 V t.? 3' PR x o Gl) ?. ci? n3 A n WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4934 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LEHMAN CAPITAL, A DIVISION OF LEHMAN BROTHERS HOLDINGS, INC., Plaintiff (s) From PATRICIA M. SOBOTOR AND MICHAEL P. SOBOTOR (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 $81,633.98 Interest FROM 10/10/06 TO 3/7/07 IS $3,498.52 Atty's Comm % Atty Paid $151.68 Plaintiff Paid Date: OCTOBER 20, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs C s R. Long, onot By: Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 ALL THAT CERTAIN tract of land with improvements erected thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan for Holly Estates prepared by Thomas and Associates, Surveyors, dated November 29, 1977, consisting of (1) page, a copy of which is Recorded in Cumberland County Plan Book 33, Page 136 on September 20, 1978; and incorporated herein by reference as follows, to wit: BEGINNING at a point on the Westwardly line of Holly Estates Drive (50 feet wide right of way) at the southeast corner of Lot No. 10 on a certain Subdivision for Richard E. Anderson recorded in Plan Book 28, Page 135; thence by the Westwardly line of the said Holly Estates Drive, South 17 degrees 29 minutes 28 seconds West, 150 feet to a point being the Northeast corner of Lot No. 8 on Plan of Holly Estates as aforesaid; thence by the said Lot No. 8 North 72 degrees 30 minutes 32 seconds West, 299.14 feet to a point on line of lands now or formerly of John Delp; thence by said lands now or formerly of John Delp, North 17 degrees 10 minutes 56 seconds East, 149.15 feet to a point being the Southwest corner of Lot No. 9 on the Subdivision for Richard E. Anderson as aforesaid; thence by Lot No. 9 and Lot No. 10 on said Subdivision for Richard E. Anderson, South 72 degrees 40 minutes 32 seconds East 299.94 feet to a point; the place of BEGINNING. CONTAINING 1.0286 acres, more or less. BEING the same premises which Patricia M. Knudson, now by marriage known as Patricia M. Sobotor, by Deed dated September 8, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 14, 1999 in Deed Book 207, page 735, granted and conveyed unto Patricia M. Sobotor and Michael P. Sobotor, husband and wife. 0 .., SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF vs. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-4934 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Lehman Capital, a Division of Lehman Brothers Holdings, Inc., 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 19 Holly Estates Drive, Gardners, PA 17324. 1. Name and address of Owners or Reputed Owners Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 2. Name and address of Defendants in the judgment: Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Lehman Capital, a Division of Lehman Brothers Holdings, Inc. 12650 Ingenuity Drive Orlando, FL 32826 1 HCR Manor Care 940 Walnut Bottom Rd. Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Lehman Capital, a Division of Lehman Brothers Holdings, Inc., Plaintiff 12650 Ingenuity Drive Orlando, FL 32826 Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 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: TENANT OR OCCUPANT 19 Holly Estates Drive Gardners, PA 17324 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. Section 4904 relating to unsworn falsification to authorities. REISMAN, LLC BY R. Tabas, Esquire 06-26957 N - °b M ? SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF VS. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-4934 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Your house (real estate) at: 19 Holly Estates Drive, Gardners, PA 17324 08-016-0210-94 is scheduled to be sold at Sheriffs Sale on March 7, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00am, to enforce the court judgment of $81,633.98 obtained by Lehman Capital, a Division of Lehman Brothers Holdings, Inc. against you. 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: 1. The sale will be cancelled if you pay back to Lehman Capital, a Division of Lehman Brothers Holdings, Inc. the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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 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 of 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. 4. 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 (610) 278-6800. 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. 6. 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. 7. 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. 8. You have a 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. 9. You maybe 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26957 ALL THAT CERTAIN tract of land with improvements erected thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan for Holly Estates prepared by Thomas and Associates, Surveyors, dated November 29, 1977, consisting of (1) page, a copy of which is Recorded in Cumberland County Plan Book 33, Page 136 on September 20, 1978; and incorporated herein by reference as follows, to wit: BEGINNING at a point on the Westwardly line of Holly Estates Drive (50 feet wide right of way) at the southeast corner of Lot No. 10 on a certain Subdivision for Richard E. Anderson recorded in Plan Book 28, Page 135; thence by the Westwardly line of the said Holly Estates Drive, South 17 degrees 29 minutes 28 seconds West, 150 feet to a point being the Northeast corner of Lot No. 8 on Plan of Holly Estates as aforesaid; thence by the said Lot No. 8 North 72 degrees 30 minutes 32 seconds West, 299.14 feet to a point on line of lands now or formerly of John Delp; thence by said lands now or formerly of John Delp, North 17 degrees 10 minutes 56 seconds East, 149.15 feet to a point being the Southwest corner of Lot No. 9 on the Subdivision for Richard E. Anderson as aforesaid; thence by Lot No. 9 and Lot No. 10 on said Subdivision for Richard E. Anderson, South 72 degrees 40 minutes 32 seconds East 299.94 feet to a point; the place of BEGINNING. CONTAINING 1.0286 acres, more or less. BEING the same premises which Patricia M. Knudson, now by marriage known as Patricia M. Sobotor, by Deed dated September 8, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 14, 1999 in Deed Book 207, page 735, granted and conveyed unto Patricia M. Sobotor and Michael P. Sobotor, husband and wife. ? ? ?? rn i c? °.r f N ? {='-= CJ ? .Y t_ _ ?? ??? t.J SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF VS. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-4934 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Your house (real estate) at: 19 Holly Estates Drive, Gardners, PA 17324 08-016-0210-94 is scheduled to be sold at Sheriffs Sale on March 7, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00am, to enforce the court judgment of $81,633.98 obtained by Lehman Capital, a Division of Lehman Brothers Holdings, Inc. against you. 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: The sale will be cancelled if you pay back to Lehman Capital, a Division of Lehman Brothers Holdings, Inc. the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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 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 of 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. 4. 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 (610) 278-6800. 5. 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. 6. 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. 7. 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. You have a 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26957 ALL THAT CERTAIN tract of land with improvements erected thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan for Holly Estates prepared by Thomas and Associates, Surveyors, dated November 29, 1977, consisting of (1) page, a copy of which is Recorded in Cumberland County Plan Book 33, Page 136 on September 20, 1978; and incorporated herein by reference as follows, to wit: BEGINNING at a point on the Westwardly line of Holly Estates Drive (50 feet wide right of way) at the southeast corner of Lot No. 10 on a certain Subdivision for Richard E. Anderson recorded in Plan Book 28, Page 135; thence by the Westwardly line of the said Holly Estates Drive, South 17 degrees 29 minutes 28 seconds West, 150 feet to a point being the Northeast corner of Lot No. 8 on Plan of Holly Estates as aforesaid; thence by the said Lot No. 8 North 72 degrees 30 minutes 32 seconds West, 299.14 feet to a point on line of lands now or formerly of John Delp; thence by said lands now or formerly of John Delp, North 17 degrees 10 minutes 56 seconds East, 149.15 feet to a point being the Southwest corner of Lot No. 9 on the Subdivision for Richard E. Anderson as aforesaid; thence by Lot No. 9 and Lot No. 10 on said Subdivision for Richard E. Anderson, South 72 degrees 40 minutes 32 seconds East 299.94 feet to a point; the place of BEGINNING. CONTAINING 1.0286 acres, more or less. BEING the same premises which Patricia M. Knudson, now by marriage known as Patricia M. Sobotor, by Deed dated September 8, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 14, 1999 in Deed Book 207, page 735, granted and conveyed unto Patricia M. Sobotor and Michael P. Sobotor, husband and wife. c? ? p tV CJ -G Lehman Capital, a Division of Lehman In the Court of Common Pleas of Brothers Holdings, Inc. Cumberland County, Pennsylvania VS Writ No. 2006-4934 Civil Term Patricia M. Sobotor and Michael P. Sobotor Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2006 at 1800 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Patricia M. Sobotor and Michael P. Sobotor, by making known unto Michael Sobotor personally and husband of Patricia M. Sobotor, at 19 Holly Estate Drive, Gardners, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on January 16, 2007 at 2118 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Patricia M. Sobotor and Michael P. Sobotor located at 19 Holly Estates Drive, Gardners, 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 defendants, to wit: Patricia M. Sobotor and Michael P. Sobotor, by regular mail to their last known address of 19 Holly Estates Drive, Gardners, PA 17324. These letters were mailed under the date of January 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Lauren Tabas. Sheriffs Costs: Docketing 30.00 Poundage 19.31 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 19.36 Certified Mail 3.09 Levy 15.00 Surcharge 30.00 Law Journal 401.00 Patriot News 378.59 Postpone Sale 40.00 Share of Bills 16.83 68 ? 7/14167 $ 984 . t 5b D 5 § 3310 D Iq 31, So Ali er R. Thomas Kline, Sheriff Bt-? Real Estate ergeant SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF vs. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-4934 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Lehman Capital, a Division of Lehman Brothers Holdings, Inc., 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 19 Holly Estates Drive, Gardners, PA 17324. Name and address of Owners or Reputed Owners Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 2. Name and address of Defendants in the judgment: Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Lehman Capital, a Division of Lehman Brothers Holdings, Inc. 12650 Ingenuity Drive Orlando, FL 32826 N' 44 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF VS. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-4934 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Your house (real estate) at: 19 Holly Estates Drive, Gardners, PA 17324 08-016-0210-94 is scheduled to be sold at Sheriffs Sale on March 7, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the courtjudgment of $81,633.98 obtained by Lehman Capital, a Division of Lehman Brothers Holdings, Inc. against you. 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: The sale will be cancelled if you pay back to Lehman Capital, a Division of Lehman Brothers Holdings, Inc. the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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 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 of how to obtain an attorney.) ow 4 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. 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 (610) 278-6800. 5. 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. 6. 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. 7. 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. 8. You have a 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26957 .P ALL THAT CERTAIN tract of land with improvements erected thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan for Holly Estates prepared by Thomas and Associates, Surveyors, dated November 29, 1977, consisting of (1) page, a copy of which is Recorded in Cumberland County Plan Book 33, Page 136 on September 20, 1978; and incorporated herein by reference as follows, to wit: BEGINNING at a point on the Westwardly line of Holly Estates Drive (50 feet wide right of way) at the southeast corner of Lot No. 10 on a certain Subdivision for Richard E. Anderson recorded in Plan Book 28, Page 135; thence by the Westwardly line of the said Holly Estates Drive, South 17 degrees 29 minutes 28 seconds West, 150 feet to a point being the Northeast corner of Lot No. 8 on Plan of Holly Estates as aforesaid; thence by the said Lot No. 8 North 72 degrees 30 minutes 32 seconds West, 299.14 feet to a point on line of lands now or formerly of John Delp; thence by said lands now or formerly of John Delp, North 17 degrees 10 minutes 56 seconds East, 149.15 feet to a point being the Southwest corner of Lot No. 9 on the Subdivision for Richard E. Anderson as aforesaid; thence by Lot No. 9 and Lot No. 10 on said Subdivision for Richard E. Anderson, South 72 degrees 40 minutes 32 seconds East 299.94 feet to a point; the place of BEGINNING. CONTAINING 1.0286 acres, more or less. BEING the same premises which Patricia M. Knudson, now by marriage known as Patricia M. Sobotor, by Deed dated September 8, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 14, 1999 in Deed Book 207, page 735, granted and conveyed unto Patricia M. Sobotor and Michael P. Sobotor, husband and wife. e SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman COURT OF COMMON PLEAS Brothers Holdings, Inc. CUMBERLAND COUNTY PLAINTIFF VS. NO: 06-4934 CIVIL TERM Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Your house (real estate) at: 19 Holly Estates Drive, Gardners, PA 17324 08-016-0210-94 is scheduled to be sold at Sheriffs Sale on March 7, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the court judgment of $81,633.98 obtained by Lehman Capital, a Division of Lehman Brothers Holdings, Inc. against you. 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: 1. The sale will be cancelled if you pay back to Lehman Capital, a Division of Lehman Brothers Holdings, Inc. the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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 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 of 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. 4. 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 (610) 278-6800. 5. 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. 6. 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. 7. 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. You have a 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26957 411, ALL THAT CERTAIN tract of land with improvements erected thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan for Holly Estates prepared by Thomas and Associates, Surveyors, dated November 29, 1977, consisting of (1) page, a copy of which is Recorded in Cumberland County Plan Book 33, Page 136 on September 20, 1978; and incorporated herein by reference as follows, to wit: BEGINNING at a point on the Westwardly line of Holly Estates Drive (50 feet wide right of way) at the southeast corner of Lot No. 10 on a certain Subdivision for Richard E. Anderson recorded in Plan Book 28, Page 135; thence by the Westwardly line of the said Holly Estates Drive, South 17 degrees 29 minutes 28 seconds West, 150 feet to a point being the Northeast corner of Lot No. 8 on Plan of Holly Estates as aforesaid; thence by the said Lot No. 8 North 72 degrees 30 minutes 32 seconds West, 299.14 feet to a point on line of lands now or formerly of John Delp; thence by said lands now or formerly of John Delp, North 17 degrees 10 minutes 56 seconds East, 149.15 feet to a point being the Southwest corner of Lot No. 9 on the Subdivision for Richard E. Anderson as aforesaid; thence by Lot No. 9 and Lot No. 10 on said Subdivision for Richard E. Anderson, South 72 degrees 40 minutes 32 seconds East 299.94 feet to a point; the place of BEGINNING. CONTAINING 1.0286 acres, more or less. BEING the same premises which Patricia M. Knudson, now by marriage known as Patricia M. Sobotor, by Deed dated September 8, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 14, 1999 in Deed Book 207, page 735, granted and conveyed unto Patricia M. Sobotor and Michael P. Sobotor, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-4934 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LEHMAN CAPITAL, A DIVISION OF LEHMAN BROTHERS HOLDINGS, INC., Plaintiff (s) From PATRICIA M. SOBOTOR AND MICHAEL P. SOBOTOR (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 $81,633.98 L.L. $.50 Interest FROM 10/10/06 TO 3/7/07 IS $3,498.52 Atty's Comm % Due Prothy $1.00 Atty Paid $151.68 Other Costs Plaintiff Paid Date: OCTOBER 20, 2006 (Seal) Curtis Long, Pro ary By: Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 ?v Real Estate Sale # 35 On November 6, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 19 Holly Estates Drive, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 6, 2006 By: j 6- CLI Real Estate Sergeant OZ :11 V q z i J0 9002 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 an su scrib efore dpKfff" 1 S A L E #35 Notarial Seal Terry L. Russell, Notary Public City of Harrisburg, Dauphin County ommiwon xpires n 6, 2010 .?? ion of Notaries NOTARY CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 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 Co e, Editor 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 SPJX NO. 35 Writ No. 2006-4934 Civil Lehman Capital, a Division of Lehman Brothers Holdings, Inc. vs. Patricia M. Sobotor and Michael P. Sobotor Atty.: Lauren R. Tabas ALL THAT CERTAIN tract of land with improvements erected thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with a certain Final Subdivi- sion Plan for Holly Estates prepared by Thomas and Associates, Survey- ors, dated November 29, 1977, con- sisting of (1) page, a copy of which is Recorded in Cumberland County Plan Book 33, Page 136 on Septem- ber 20, 1978; and incorporated herein by reference as follows, to wit: BEGINNING at a point on the Westwardly line of Holly Estates Drive (50 feet wide right of way) at the southeast corner of Lot No. 10 on a certain Subdivision for Rich- ard E. Anderson recorded in Plan Book 28, Page 135; thence by the Westwardly line of the said Holly Estates Drive, South 17 degrees 29 minutes 28 seconds West, 150 feet to a point being the Northeast cor- ner of Lot No. 8 on Plan of Holly Estates as aforesaid; thence by the said Lot No. 8 North 72 degrees 30 minutes 32 seconds West, 299.14 feet to a point on line of lands now or formerly of John Delp; thence by said lands now or formerly of John Delp, North 17 degrees 10 minutes 56 seconds East, 149.15 feet to a point being the Southwest corner of Lot No. 9 on the Subdivi- sion for Richard E. Anderson as aforesaid; thence by Lot No. 9 and Lot No. 10 on said Subdivision for Richard E. Anderson, South 72 de- grees 40 minutes 32 seconds East 299.94 feet to a point; the place of BEGINNING. CONTAINING 1.0286 acres, more or less. BEING the same premises which Patricia M. Knudson, now by mar- riage known as Patricia M. Sobotor, by Deed dated September 8, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 14, 1999 in Deed Book 207, page 735, granted and con- veyed unto Patricia M. Sobotor and Michael P. Sobotor, husband and wife. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment () Other Lehman Capital, a Division of Lehman File No. 61,- 4954 Civi 1 Terra Brothers Holdings, Inc. Amount Due $81,633.98 PLAINTIFF Interest October 21, 2006 to March 5, 2008 is $11,786.96 Atty's Comm VS. Costs Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a is pe ns against real estate of e defendant(s) described in the attached exhibit. Date. b Signatur )a- K'Z Print Name: Lauren R. Tabas, Esquire Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # 93337 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF VS. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-4934 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Lehman Capital, a Division of Lehman Brothers Holdings, Inc., 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 19 Holly Estates Drive, Gardners, PA 17324. 1. Name and address of Owners or Reputed Owners Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 2. Name and address of Defendants in the judgment: Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Lehman Capital, a Division of Lehman Brothers Holdings, Inc. 12650 Ingenuity Drive Orlando, FL 32826 1 HCR Manor Care 940 Walnut Bottom Rd. Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Lehman Capital, a Division of Lehman Brothers Holdings, Inc., Plaintiff 12650 Ingenuity Drive Orlando, FL 32826 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 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: TENANT OR OCCUPANT 19 Holly Estates Drive Gardners, PA 17324 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. Section 4904 relating to unsworn falsification to authorities. KREISMAN, LLC BY: R. Tabas, Esquire 06-26957 L _.I A SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman COURT OF COMMON PLEAS Brothers Holdings, Inc. CUMBERLAND COUNTY PLAINTIFF vs. NO: 06-4934 CIVIL TERM Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Your house (real estate) at: 19 Holly Estates Drive, Gardners, PA 17324 08-016-0210-94 is scheduled to be sold at Sheriffs Sale on March 5, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00am, to enforce the court judgment of $81,633.98 obtained by Lehman Capital, a Division of Lehman Brothers Holdings, Inc. against you. 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: 1. The sale will be cancelled if you pay back to Lehman Capital, a Division of Lehman Brothers Holdings, Inc. the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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 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 of how to obtain an attorney.) K] YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. 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 (610) 278-6800. 5. 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. 6. 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. 7. 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. 8. You have a 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26957 Aft ALL THAT CERTAIN tract of land with improvements erected thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan for Holly Estates prepared by Thomas and Associates, Surveyors, dated November 29, 1977, consisting of (1) page, a copy of which is Recorded in Cumberland County Plan Book 33, Page 136 on September 20, 1978; and incorporated herein by reference as follows, to wit: BEGINNING at a point on the Westwardly line of Holly Estates Drive (50 feet wide right of way) at the southeast corner of Lot No. 10 on a certain Subdivision for Richard E. Anderson recorded in Plan Book 28, Page 135; thence by the Westwardly line of the said Holly Estates Drive, South 17 degrees 29 minutes 28 seconds West, 150 feet to a point being the Northeast corner of Lot No. 8 on Plan of Holly Estates as aforesaid; thence by the said Lot No. 8 North 72 degrees 30 minutes 32 seconds West, 299.14 feet to a point on line of lands now or formerly of John Delp; thence by said lands now or formerly of John Delp, North 17 degrees 10 minutes 56 seconds East, 149.15 feet to a point being the Southwest corner of Lot No. 9 on the Subdivision for Richard E. Anderson as aforesaid; thence by Lot No. 9 and Lot No. 10 on said Subdivision for Richard E. Anderson, South 72 degrees 40 minutes 32 seconds East 299.94 feet to a point; the place of BEGINNING. CONTAINING 1.0286 acres, more or less. BEING the same premises which Patricia M. Knudson, now by marriage known as Patricia M. Sobotor, by Deed dated September 8, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 14, 1999 in Deed Book 207, page 735, granted and conveyed unto Patricia M. Sobotor and Michael P. Sobotor, husband and wife. r .r SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. NO: 06-4934 CIVIL TERM Patricia M. Sobotor and Michael P. Sobotor ; DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Your house (real estate) at: 19 Holly Estates Drive, Gardners, PA 17324 08-016-0210-94 is scheduled to be sold at Sheriffs Sale on March 5, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the court judgment of $81,633.98 obtained by Lehman Capital, a Division of Lehman Brothers Holdings, Inc. against you. 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: 1. The sale will be cancelled if you pay back to Lehman Capital, a Division of Lehman Brothers Holdings, Inc. the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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 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 of how to obtain an attorney.) .4 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. 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 (610) 278-6800. 5. 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. 6. 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. 7. 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. 8. You have a 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26957 F ALL THAT CERTAIN tract of land with improvements erected thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan for Holly Estates prepared by Thomas and Associates, Surveyors, dated November 29, 1977, consisting of (1) page, a copy of which is Recorded in Cumberland County Plan Book 33, Page 136 on September 20, 1978; and incorporated herein by reference as follows, to wit: BEGINNING at a point on the Westwardly line of Holly Estates Drive (50 feet wide right of way) at the southeast corner of Lot No. 10 on a certain Subdivision for Richard E. Anderson recorded in Plan Book 28, Page 135; thence by the Westwardly line of the said Holly Estates Drive, South 17 degrees 29 minutes 28 seconds West, 150 feet to a point being the Northeast corner of Lot No. 8 on Plan of Holly Estates as aforesaid; thence by the said Lot No. 8 North 72 degrees 30 minutes 32 seconds West, 299.14 feet to a point on line of lands now or formerly of John Delp; thence by said lands now or formerly of John Delp, North 17 degrees 10 minutes 56 seconds East, 149.15 feet to a point being the Southwest corner of Lot No. 9 on the Subdivision for Richard E. Anderson as aforesaid; thence by Lot No. 9 and Lot No. 10 on said Subdivision for Richard E. Anderson, South 72 degrees 40 minutes 32 seconds East 299.94 feet to a point; the place of BEGINNING. CONTAINING 1.0286 acres, more or less. BEING the same premises which Patricia M. Knudson, now by marriage known as Patricia M. Sobotor, by Deed dated September 8, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 14, 1999 in Deed Book 207, page 735, granted and conveyed unto Patricia M. Sobotor and Michael P. Sobotor, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-4934 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LEHMAN CAPITAL, a Division of LEHMAN BROTHERS HOLDINGS, INC., Plaintiff (s) From PATRICIA M. SOBOTOR & MICHAEL P. SOBOTOR (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 $81,633.98 L.L. Interest 10/21/06 to 3/05/08 is $11,786.96 Atty's Comm % Due Prothy $2.00 Atty Paid $1,157.86 Other Costs Plaintiff Paid Date: 10-08-07 (Seal) REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: SHAPIRO & KREISMAN, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 IC.. C rtis R. Long, Prothonot y By: J\ ell, Deputy Supreme Court ID No. 93337 Lehman Capital, a Division of Lehman Brothers In the Court of Common Pleas of Holdings, Inc. Cumberland County, Pennsylvania VS Writ No. 2006-4934 Civil Term Patricia M. Sobotor and Michael P. Sobotor Dawn L. Kell, Deputy Sheriff, who being duly sworn according to law, states that on December 05, 2007 at 1917 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: Michael P. Sobotor, by making known unto Michael Sobotor, personally, at 19 Holly Estates Drive, Gardners, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Patricia M. Sobotor, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sheriffs Sale and Description as NOT SERVED as to the defendant, Patricia M. Sobotor. Per the defendant's widower, Patricia Sobotor is deceased. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2008 at 1325 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 Patricia M. Sobotor and Michael P. Sobotor located at 19 Holly Estates Drive, Gardners, 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: Michael P. Sobotor by regular mail to his last known address of 19 Holly Estates Drive, Gardners, PA 17324. This letter was mailed under the date of January 8, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Lauren Tabas. Sheriffs Costs: Docketing 30.00 Poundage 19.43 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Mileage 23.04 Levy 15.00 Surcharge 30.00 Postpone sale 20.00 Law Journal 389.00 Patriot News 416.30 Share of bills 16.17 $990.94 0<4 37 3 So s rs: R, o 0 .0 ?),/00(0 7 R. Thomas Kline, Sheriff BY Real state S rgeant U SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF vs. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-4934 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Lehman Capital, a Division of Lehman Brothers Holdings, Inc., 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 19 Holly Estates Drive, Gardners, PA 17324. 1 Name and address of Owners or Reputed Owners Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 2 3 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Name and address of Defendants in the judgment: Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Lehman Capital, a Division of Lehman Brothers Holdings, Inc. 12650 Ingenuity Drive Orlando, FL 32826 e HCR Manor Care 940 Walnut Bottom Rd. Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Lehman Capital, a Division of Lehman Brothers Holdings, Inc., Plaintiff 12650 Ingenuity Drive Orlando, FL 32826 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 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: TENANT OR OCCUPANT 19 Holly Estates Drive Gardners, PA 17324 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. Section 4904 relating to unsworn falsification to authorities. KREISMAN, LLC BY: R. Tabas, Esquire 06-26957 SHAPIRO & KREISMAN, LLC --BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 1,9406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF vs. Patricia M. Sobotor and Michael P. Sobotor ; DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-4934 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Your house (real estate) at: 19 Holly Estates Drive, Gardners, PA 17324 08-016-0210-94 is scheduled to be sold at Sheriffs Sale on March 5, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00am, to enforce the court judgment of $81,633.98 obtained by Lehman Capital, a Division of Lehman Brothers Holdings, Inc. against you. 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: 1. The sale will be cancelled if you pay back to Lehman Capital, a Division of Lehman Brothers Holdings, Inc. the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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. You may 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 of 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. 4. 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 (610) 278-6800. 5. 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. 6. 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. 7. 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. 8. You have a 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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 CAN-NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26957 ALL THAT CERTAIN tract of land with improvements erected thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan for Holly Estates prepared by Thomas and Associates, Surveyors, dated November 29, 1977, consisting of (1) page, a copy of which is Recorded in Cumberland County Plan Book 33, Page 136 on September 20, 1978; and incorporated herein by reference as follows, to wit: BEGINNING at a point on the Westwardly line of Holly Estates Drive (50 feet wide right of way) at the southeast corner of Lot No. 10 on a certain Subdivision for Richard E. Anderson recorded in Plan Book 28, Page 135; thence by the Westwardly line of the said Holly Estates Drive, South 17 degrees 29 minutes 28 seconds West, 150 feet to a point being the Northeast corner of Lot No. 8 on Plan of Holly Estates as aforesaid; thence by the said Lot No. 8 North 72 degrees 30 minutes 32 seconds West, 299.14 feet to a point on line of lands now or formerly of John Delp; thence by said lands now or formerly of John Delp, North 17 degrees 10 minutes 56 seconds East, 149.15 feet to a point being the Southwest corner of Lot No. 9 on the Subdivision for Richard E. Anderson as aforesaid; thence by Lot No. 9 and Lot No. 10 on said Subdivision for Richard E. Anderson, South 72 degrees 40 minutes 32 seconds East 299.94 feet to a point; the place of BEGINNING. CONTAINING 1.0286 acres, more or less. BEING the same premises which Patricia M. Knudson, now by marriage known as Patricia M. Sobotor, by Deed dated September 8, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 14, 1999 in Deed Book 207, page 735, granted and conveyed unto Patricia M. Sobotor and Michael P. Sobotor, husband and wife. SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS; ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26957 Lehman Capital, a Division of Lehman COURT OF COMMON PLEAS Brothers Holdings, Inc. CUMBERLAND COUNTY PLAINTIFF ; vs. NO: 06-4934 CIVIL TERM Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Your house (real estate) at: 19 Holly Estates Drive, Gardners, PA 17324 08-016-0210-94 is scheduled to be sold at Sheriffs Sale on March 5, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00am, to enforce the court judgment of $81,633.98 obtained by Lehman Capital, a Division of Lehman Brothers Holdings, Inc. against you. 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: 1. The sale will be cancelled if you pay back to Lehman Capital, a Division of Lehman Brothers Holdings, Inc. the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must,pay, you may call: (610) 278-6800. 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 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 of 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. 4. 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 (610) 278-6800. 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. 6. 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. 7. 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. 8. You have a 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26957 ALL THAT CERTAIN tract of land with improvements erected thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan for Holly Estates prepared by Thomas and Associates, Surveyors, dated November 29, 1977, consisting of (1) page, a copy of which is Recorded in Cumberland County Plan Book 33, Page 136 on September 20, 1978; and incorporated herein by reference as follows, to wit: BEGINNING at a point on the Westwardly line of Holly Estates Drive (50 feet wide right of way) at the southeast corner of Lot No. 10 on a certain Subdivision for Richard E. Anderson recorded in Plan Book 28, Page 135; thence by the Westwardly line of the said Holly Estates Drive, South 17 degrees 29 minutes 28 seconds West, 150 feet to a point being the Northeast corner of Lot No. 8 on Plan of Holly Estates as aforesaid; thence by the said Lot No. 8 North 72 degrees 30 minutes 32 seconds West, 299.14 feet to a point on line of lands now or formerly of John Delp; thence by said lands now or formerly of John Delp, North 17 degrees 10 minutes 56 seconds East, 149.15 feet to a point being the Southwest comer of Lot No. 9 on the Subdivision for Richard E. Anderson as aforesaid; thence by Lot No. 9 and Lot No. 10 on said Subdivision for Richard E. Anderson, South 72 degrees 40 minutes 32 seconds East 299.94 feet to a point; the place of BEGINNING. CONTAINING 1.0286 acres, more or less. BEING the same premises which Patricia M. Knudson, now by marriage known as Patricia M. Sobotor, by Deed dated September 8, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 14, 1999 in Deed Book 207, page 735, granted and conveyed unto Patricia M. Sobotor and Michael P. Sobotor, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4934 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LEHMAN CAPITAL, a Division of LEHMAN BROTHERS HOLDINGS, INC., Plaintiff (s) From PATRICIA M. SOBOTOR & MICHAEL P. SOBOTOR (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 $81,633.98 Interest 10/21/06 to 3/05/08 is $11,786.96 Atty's Comm % Atty Paid $1,157.86 Plaintiff Paid Date: 10-08-07 (Seal) L.L. Due Prothy $2.00 Other Costs .5 axt-4?2 P. ?C is R. Long, Protho[Ono n ry By: Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: SHAPIRO & KREISMAN, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 Real Estate Sale # 27 On November 1, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 19 Holly Estates, -ft Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 1, 2007 By: Real Estat ergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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 25, February 1 and February 8, 2008 Affiant further deposes that lie 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. ri-, Marie Cov Editor SWORN TO AND SUBSCRIBED before me this 8 day of Februaa, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 xw, smart BAIX NO. 27 Writ No. 2006-4934 Civil Lehman Capital a division of Lehman Brothers Holdings, Inc. vs. Patricia M. Sobotor and Michael P. Sobotor Atty.: Lauren Tabas DESCRIPTION ALL THAT CERTAIN tract of land with improvements erected thereon situate in Dickinson 'iownsaip, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan for Holly Estates prepared by Thomas and Associates, Surveyors, dated November 29, 1977, consisting of (1) page, a copy of which is Recorded in Cumberland County Plan Book 33, Page 136 on September 20, 1978; and incorporated herein by reference as follows, to wit: BEGINNING at a point on the Westwardly line of Holly Estates Drive (50 feet wide right of way) at the southeast comer of Lot No. 10 on a certain Subdivision for Richard E. Anderson recorded in Plan Book 28, Page 135; thence by the Westwardly line of the said Holly Estates Drive, South 17 degrees 29 minutes 28 sec- onds West, 150 feet to a point being the Northeast corner of Lot No. 8 on Plan of Holly Estates as aforesaid; thence by the said Lot No. 8 North 72 degrees 30 minutes 32 seconds West, 299.14 feet to a point on line of lands now or formerly of John Delp; thence by said lands now or formerly of John Delp, North 17 degrees 10 minutes 56 seconds East, 149.15 feet to a point being the Southwest corner of Lot No. 9 on the Subdivision for Rich- ard E Anderson as aforesaid; thence by Lot No. 9 and Lot No. 10 on said Subdivision for Richard E. Anderson, South 72 degrees 40 minutes 32 seconds East 299.94 feet to a point; the place of BEGINNING. CONTAINING 1.0286 acres, more or less. BEING the same premises which Patricia M. Knudson, now by mar- riage known as Patricia M. Sobotor, by Deed dated September 8, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 14, 1999 in Deed Book 207, page 735, granted and conveyed unto Patricia M. Sobotor and Michael P. Sobotor, husband and wife. the patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 2hePatriot News Now you know 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 on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 D. COMMONWEALTH OF PENNSYLVANIA Notarial S-al Shortie L Kisner, Notary Public CRY Of Harrisburg, Dauphin County tib CiCrrN b&ior< Expires Nov. 26, 2011 AAemMr, P?nnsylvsnl? AreAa oalptlcn of Notsrlos REAL ESTATE SALE NO. 27 Writ No. 2006-4934 Civil Term Lehman Capital a division of Lehman Brothers Holdings, Inc. VS Patricia M. Sobotor and Michael P. Sobotor Attorney Lauren Tabas DESCRIPTION ALL THAT CERTAIN tract of land with improvements erected thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan for Holly Estates prepared by Thomas and Associates, Surveyors, dated November 29, 1977, consisting of (1) page, a copy of which is Recorded in Cumberland County Plan Book 33, Page 136 on September 20, 1978; and incorporated herein by reference as follows, to wit: BEGINNING at a point on the Westwardly line of Holly Estates Drive (50 feet wide right of way) at the southeast comer of Lot No. 10 on a certain Subdivision for Richard E. Anderson recorded in Plan Book 28, Page 135; thence by the Westwardly he of the said Holly Estates Drive, South 17 degrees 29 minutes 28 seconds West, 150 feet to a point being the Northeast comer of Lot No. 8 on Plan of Holly Estates as aforesaid; thence by the said Lot No. 8 North 72 degrees 30 minutes 32 seconds West, 299.14 feet to a point on line of lands now or formerly of John Delp; thence by said lands now or formerly of John Delp, North 17 degrees 10 minutes 56 seconds East, 149.15 feet to a point being the Southwest comer of Lot No. 9 on the Subdivision for Richard E. Anderson as aforesaid; thence by Lot No. 9 and Lot No. 10 on said Subdivision for Richard E. Anderson, South 72 degrees 40 minutes 32 seconds East 299.94 feet to a point; the place of BEGINNING. CONTAINING 1.0286 acres, more or less. Blip iG the same premises which Patricia M. Knudson, now by marriage known as Patricia M. Sobotor, by Deed dated September 8, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 14, 1999 in Deed Book 207, page 735, granted and conveyed unto Patricia M. Sobotor and Michael P. Sobotor, husband and wife. SHAPIRO & DENARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF VS. Patricia M. Sobotor and Michael P. Sobotor DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-4934 CIVIL TERM PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered on October 20, 2006 in the above entitled action vacated without prejudice to Plaintiff. SHAPIRO & DENARDO, LLC BY: I a Zion, Esquire E CERTIFICATE OF SERVICE I, ILANA ZION, ESQUIRE, hereby certify that on I served a true and correct copy of the within Praecipe to Vacate Mortgage Foreclosure Judgment upon the following parties via first class mail, postage prepaid: Patricia M. Sobotor 19 Holly Estates Drive Gardners, PA 17324 Michael P. Sobotor 19 Holly Estates Drive Gardners, PA 17324 SHAPIRO & DENARDO, LLC BY: aw'?- ILANA ZION, IRE Attorney for th a tiff J i SHAPIRO & DENARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-26957 Lehman Capital, a Division of Lehman Brothers Holdings, Inc. PLAINTIFF VS. Patricia M. Sobotor and Michael P. Sobotor DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-4934 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DENARDO, LLC BY: au&'- 2wy(../ Ilana Zion, Esqu' It Attorney for Plai DATED: ) C) I ( , i (?K CERTIFICATE OF SERVICE I, Ilana Zion, Esquire, hereby certify that on? I served a true and correct copy of the within Praecipe to Settle, Discontinue and End upon the following parties via first class mail, postage prepaid: Patricia M. Sobotor, 19 Holly Estates Drive, Gardners, PA 17324 and Michael P. Sobotor, 19 Holly Estates Drive, Gardners, PA 17324 SHAPIRO & DENARDO, LLC BY: Ilana Zion, Esquire Attorney for Plainti sue; ? i; ell