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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
SHARON Y. DARWICHE,
PENNA.
STATE OF
No.
2000-85
CIVIL TERM
PLAINTIFF
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VERSUS
AHMED D. DARWICHE,
DEFENDANT
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DECREE IN
DIVORCE
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Sr'pt;-.k>c:5 'i
z.ooD IT IS ORDERED AND
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AND NOW,
DECREED THAT
SHARON Y. DARWICHE
, PLAINTIFF,
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AND
AHMED D. DARWICHE
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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NONE
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4k~
~ROTHONOTARY
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SHARON Y. DARWICHE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: PENNSYLVANIA
va.
AHMED D. DARWICHE,
Defendant
: CIVIL ACTION ,,; < /
NO. ~ -~ C4;.-'
IN DIVORCE
NOT ICE
T 0
D E FEN D
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered againstY9u by the court. A judgm?nt may also be entered
against yolJ. for _Ilny other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or
irretrievable breakdoWn of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at:
Office of the Prothonotary
Cumberland county Court House
1 Courthouse Square
Carlisle, PA 17013-3387
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
. .
. .
SHARON Y. DARWICHE, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY
: PENNSYLVANIA
vs. :
: CIVIL ACTION
AHMED D. DARWICHE, : NO.
Defendant : IN DIVORCE
NOTICE OF RIGHT TO COUNSELING
You are one of the parties in the above captioned action in
divorce. By virtue of Section 202 of the pennsylvania Divorce
Code, it is a duty of the Court to advise both parties of the
availability of counseling and upon request of either provide both
parties a list of qualified professionals who provide such
services.
Accordingly, if you desire counseling a list of marriage
counselors is available in the Office of the Prothonotary at:
Office of the Prothonotary
CUmberland County Court House
1 Courthouse square
Carlisle, PA 17013-3387
Prothonotary
. .
SHARON Y. DARWICHE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: PENNSYLVANIA
vs.
AHMED D. DARWICHE,
Defendant
: CIVIL ACTIONa ~.
: NO..:JMTO _;Js' ~
IN DIVORCE
"G..-
CONSOLIDATED COMPLAINT IN DIVORCE
1. Plaintiff is
residing at 100
Pennsylvania.
Sharon Y. Darwiche, a,citizen of Pennsylvania,
Darr Avenue, Carlisle, Cumberland County,
2. Defendant is Ahmed D. Darwiche,
residing at 2202 Spring Run Drive,
County, Pennsylvania.
a citizen of Pennsylvania,
Mechanicsburg, Cumberland
3. Plaintiff and Defendant are ~ iuris and have been bonafide
residents of the Commonwealth of Pennsylvania for at least six
months immediately preceding the filing of this complaint.
4. The parties are husband and wife and were lawfully married on
December 25, 1986, in Perry County, Pennsylvania.
5. The marriage is irretrievably broken.
6. Neither Plaintiff nor p~f~ndant is in the military or naval
service of the united States or its allies within the provisions
of the Soldiers' & Sailors' civil Relief Act of the Congress of
1940 and its amendments.
7. There has been a prior action
County, Pennsylvania, Docket Number
dismissed for lack of activity.
for- divorce in
94-1673. The
Cumberland
action was
8. The Plaintiff has been advised of the availability of
counseling and of the right to request that the Court require the
parties to participate in counseling.
COUN'l' I
Request for a Fault Divorce
Under 3301(a) (6) of the Divorce Code
9. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
10. Defendant has offered such indignities to the plaintiff, who
is the innocent and injured spouse, as to render Plaintiff's
condition intolerable and life burdensome.
11. This action is not collusive.
12. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the.
Court to require the parties to participate in such counseling.
.
WHEREFORE, Plaintiff respectfully requests that the Court
enter a Decree of Divorce, pursuant to 3301(a) (6) of the Divorce
Code.
COUN'l' II
Request for Divorce Due to Irretrievable Breakdown
Under 3301(c) of the Divorce Code
13. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
14. The marriage of the parties is irretrievably broken.
15. After ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff intends to file an affidavit
. ,
consenting to a divorce. Plaintiff believes that Defendant may
also file such an affidavit.
16. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
Court to require the parties to participate in such counseling.
WHEREFORE, if both parties file affidavits to a divorce after
ninety (90) days have elapsed from the filing of this complaint,
Plaintiff respectfully requests the Court to enter a Decree of
Divorce, pursuant to 330l(c) of the Divorce Code.
COUNT rn:
Request for Divorce Due to rrretrievable Breakdown
Under 3301(d) of the Divorce Code
17. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
18. The marriage of the parties is irretrievably broken.
19. After a period of two (2) years has elapsed from the date of
separation, Plaintiff -ini:enas to file her affidavit of having
lived separate and apart.
20. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
Court to require the parties to participate in such counseling.
WHEREFORE, if two (2) years have elapsed from the date of
separation and Plaintiff has filed her affidavit, Plaintiff
respectfully requests the Court to enter a Decree of Divorce,
pursuant to 3301(d) of the Divorce Code.
.'
..
COUNT IV
Request for Equitable Distribution of
Marital Property Under 3104, 3323, 3501, 3502 and 3503
of the Divorce Code
2L The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
22. Plaintiff and Defendant have acquired property, both real and
personal during their marriage from the date of said marriage
until the date of their separation.
23. Plaintiff and Defendant have been unable to agree as to an
equitable distribution of said property.
WHEREFORE, Plaintiff respectfully requests the Court to
equitably distribute the marital property of the parties, pursuant
to 3104 and 3502(a) of the Divorce Code.
COUNT V
Request for Alimony Pendente Lite
and Alimony under 3104, 3323, 3701, 3702 and 3704
of the Divorce Code
24. The prior paragraphs of this complaint are incorporated
herein by reference thereto.
25. Plaintiff is unable to sustain herself during the course of
litigation.
26.
Plaintiff
lacks
sufficient property to
is unable to sustain
provide
herself
for her
through
reasonable needs and
appropriate employment.
27. Defendant has the means and ability to pay Alimony Pendente
Lite and Alimony to Defendant.
. .
..
WHEREFORE, Plaintiff requests the Court to enter an award of
alimony pendente lite until final hearing and thereupon to enter
an Order o~ alimony in her favor.
COUNT VI
Request for Counsel Fees, Costs and Expenses Under
3104, 3323, 3502(e) and 3702 of the Divorce Code
28. The prior paragraphs o~ this Complaint are incorporated
herein by reference thereto.
29. Plaintiff has employed Matthew D. strohm, Esquire of the law
firm o~ Dissinger & Dissinger to represent her in this matrimonial
cause.
30. Plaintiff is unable to pay the necessary counsel fees, costs,
and expenses and Defendant is more than able to pay them.
WHEREFORE, reserving the right to apply to the Court for
temporary counsel fees, costs and expenses, prior to final
hearing, Plaintiff requests that, after final hearing, the Court
order Defendant to pay Plaintiff's reasonable counsel fees, costs
and expenses.
COUNT VII
Request for Confirmation of custody Under
3104 Divorce Code
3L The prior paragraphs of this complaint are incorporated
herein by reference thereto;
32. Plaintiff is Sh-aron Y~.' Darwiche, residing at 100 Darr Avenue,
Carlisle, Cumberland county, Pennsylvania.
33. Defendant is Ahmed D. Darwiche, residing at 2202 spring Run
Drive, Mechanicsburg, Cumberland County, Pennsylvania.
34. Plaintiff seeks custody of the following children:
Name
Present Residence
Aqe
Chad E. Darwiche
100 Darr Avenue
Carlisle, PA
12
Tarah M. Darwiche
100 Darr Avenue
Carlisle, PA
10
35. The children were not born out of wedlock.
36. The children are presently
resides at 100 Darr Avenue,
Pennsylvania.
in the custody of Plaintiff who
Carlisle, Cumberland County,
37. During the past five years, the children have resided with
the following persons at the following addresses:
Person
Address
Date
Sharon Y. Darwiche
Chad E. Darwiche
Tarah M. Darwiche
100 Darr Avenue
Carlisle, PA
1993 to
Present
Plaintiff attended classes at The Academy of Medical Arts and
Business from April 1998 to September 1999. While Plaintiff
attended classes, the Defendant would keep the children at
his residence over night. P~laintiff had withdrawn from
classes, but Defendant has not returned children to her
custody.
The children attend school in the school district in which
Plaintiff resides, even though they are staying at
Defendant's residence. NeitherPlairitiff nor Defendant want
the children to attend school in the district in which
Defendant resides.
38. The mother
currently resides
Pennsylvania.
of the children is Sharon Y. Darwiche who
at 100 Darr Avenue, Carlisle, Cumberland County,
39. She is married to Ahmed D. Darwiche.
40. The father of the children is Ahmed D. Darwiche who currently
resides at 2202 Spring Run Drive, Mechanicsburg, Cumberland
county, Pennsylvania.
41. He is married to Sharon Y. Darwiche.
42. The relationship of Plaintiff to the children is that of
mother. The Plaintiff currently resides with the children.
43. The relationship Of Defendant to the children is that of
father. The Defendant currently resides alone.
44. Defendant, Ahmed D. Darwiche, has filed an action in custody
in Cumberland county to Docket Number 99-7027. Plaintiff has not
received any notice that a custody conference is scheduled.
45. Plaintiff has not participated as a party or witness, or in
another capacity, in other litigation concerning the custody of
the children 1n this or another court.
46. Plaintiff
concerning the
has no information
children pending in a
of a custody proceeding
court of this Commonwealth.
47. Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the children or claims to
have custody or visitation rights with respect to the children.
48. The best interest and permanent welfare of the children will
be served by granting the relief requested because both children
attend school in the school district where the Plaintiff resides.
Neither Plaintiff nor Defendant wishes their children to attend
school in which the Defendant resides. It is disruptive for the
children to attend school in one district while they reside in
another. Plaintiff was the primary caregiver until the children
"" ..
.-
Neither Plaintiff nor Defendant wishes their children to attend
school in which the Defendant resides. It is disruptive for the
children to attend school in one district while they reside in
another. Plaintiff was the primary caregiver until the children
were placed temporarily with Defendant while she attended night
classes. Since Plaintiff has concluded her studies, Defendant
refuses to allow the children to spend time with Plaintiff.
Plaintiff's employment makes it possible for her to have the
children when they are not in school.
49. Each parent whose parental rights to the children have not
been terminated and the person who has physical custody of the
children have been named as parties to this action. All other
persons, named below who are known to have or claim a right to
custody or visitation of the children will be given notice of the
pendency of this action and the right to intervene: None.
50. Defendant shall have the right to reasonable and liberal
visitation with the children.
WHEREFORE, Plaintiff respectfully prays your Honorable Court
to grant custody to Plaintiff and that Defendant be granted
reasonable rights of visitation.
Respectfully submitted,
~Yip
Attorney for Plaintiff
supreme Court ID # 76724
400 State Road
Marysville, PA 17053
717-957-3474
,,'" , ..."
"
. .
VERIFICATION
I, Sharon Y. Darwiche, verify that the statements made in the
Divorce Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.
S4904 relating to unsworn falsification.
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~.' 0Acx\ I J. ,jI..u ~
~on Y. DaFw1che, Plaintiff
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IN THE COURT OF
or Dl\:UPH ~OI1NT't
CIVIL ACTION NO.
IN DIVORCE
COMMON PLEAS
PEl'l~SYINANI
SHARON Y DARWICHE,
Plaintiff
v.
AHMED D. DARWICHE,
Defendant
'!
DIVORCE COMPLAINT
DISSINGER & DISSINGER
ATTORNEYS AT LAW
28 N, THIRTY-SECOND STREET
CAMP HluL, PENNSYLVANIA 17011
975-2B,M> Dr 975-28-41
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SHARON Y. DARWICHE,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 20DO-85 CIVIL TERM
AHMED D. DARWICHE,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RI;CORO
o THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
ivorce decree:
1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c)..
2. Date and manner of service of the Complaint: Acceptance of Service filed by
Defendant's counsel indicating service on or about 19 January 2000.
3. Complete either Paragraph (a) or (b):
(a) Date of execution of the Affidavit of Consent required by
Section 3301 (c) of the Divorce Code:
By Plaintiff: 19 August 2000
By Defendant:
19 August 2000
(b) (1) Date of execution of the Affidavit required by Section 3301
(d) of the Divorce Code: (2) Date of filing and service of
the Plaintiff's Affidavit upon the Respondent:
4. Related claims pending:
None.
5. Complete either (a) or (b):
(a) Date and manner of service of the Notice of Intention to File
Praecipe to Transmit Record, a copy of which is
attached:
(b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce
was filed with the Prothonotary: Dated 19 August 2000 filed
contemporaneously herewith. Date Defendant's Waiver of Notice in
Section 3301 (c) Divorce was filed with the Prothonotary: dated 19
August 19 August 2000 filed contemporaneously herewith.
Date:~ B~~~
Attorney for Defendant
,', ,:_, (":::E
"'_:L~ ' '-. ,.,- ;,.(jj~.~nY
DQ SF.r -I Ilii 9: ld
CUMBEi.LAiIJ COUNTY
PENNSYLVANIA
SHARON Y. DARWICHE,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-85 CIVIL TERM
AHMED D. DARWICHE,
Defendant
IN DIVORCE
AEElI2~)lI"'.OF CONSENT
1. A Complaint in Divorce under Section 3301 (cl of the Divorce Code was filed on 5
January 2000 and served upon the Defendant on or about
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing of the complaint and the date of service of the
complaint on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice of
Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
Court require that my spouse and I participate in counseling prior to the divorce becoming
final.
I verify that the statements made in this Affidavit are true and correct and 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.
Date
~fwM~UJ\CL
SHARON Y. DARW CHE
Notarial S al
Flora M, Vogt, Notary Public
North Middleton Twp., Cumberland County
My Commission Expires May 21, 2001
Member. P~nJ)syJvanja Assoclation of Notaries
'.'~ ~ ~ ~ _:~. ;:1,'.';':-
j .'-- ---1,-.'-.
i)~: I, ',-: \'C:i;iRY
00 SEP - / Ail 91 ~ I
CUM8EF:UNU CX)UNTY
PENNSYLVANIA
SHARON Y. DARWICHE,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-85 CIVIL TERM
AHMED D. DARWICHE,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 5
January 2000 and served upon the Defendant on or about
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing of the complaint and the date of service of the
complaint on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice of
Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage Counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
Court require that my spouse and I participate in counseling prior to the divorce becoming
final.
I verify that the statements made in this Affidavit are true and correct and 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.
Date
Notarial Sea P bllc
Flor. M, Vogt, Notary IUd County
North Mlddl~to.n TWEP., ~~~~~~n21. 2001
My CommIssIon )(P' .
M:Jmber; Pennsylvania Mso-ciation of Notanes
;:.~Y:r:l-<);-::HCE
-> ,- , " . ", !c) Tt,RY
GO SEP -- I Ail 9: 41
CUMi:JeHLJ\\J COUNlY
PENNSYLVANIA
~.~
SHARON Y. DARWICHE,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-85 CIVIL TERM
AHMED D. DARWICHE,
Defendant
IN DIVORCE
WAIVER OF NOTIC!" OF INTENTION TO REQ\,lEl;>T ENTRY OF
A DIVORCE DECRE~ l)I')IP~R$ECTION 3301 ICI OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees, or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Waiver are true and correct. I understand
that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
Date
-g'\~-00
'4 tv. c /"VI
~rfY\~. ~u)~~
SHARON Y. DAR ICHE
P!ora M ~taJ lal Seal -
to~ Middl.:!to~ T~t, ~otQry Public
y ~lTirn!.sSio1] EXPir~i~:'and County
Mtln,ber PrJnnsy., :. - -- - aY21.20Q1
, vania Ass '
DelatiOn of Notaries
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CO SEP - i Ad 9: ld
CUivi8::hj~\iJ COUNTY
PENNSYLVANIA
SHARON Y. DARWICHE,
Plaintiff
vs.
AHMED D. DARWICHE,
Defendant
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVil ACTION - lAW
NO. 2000-85 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREI:_ UNDER SI;CTION 3301 IC) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees, or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entere,d by the
court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Waiver are true and correct. I understand
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to unsworn falsification to authorities.
that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating
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Date 1~ f'n
Notarial Seal
Flora M, Vogt, Notary Public
North Middleton Twp.. Cumberland County
My Commission Expires May 21, 2001
Member, Pennsylvania Associ.:!tion of Notaries
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CUMI3~i:.i./V'Jf) COUN1Y
PENNSYLVANIA
SHARON Y. DARWICHE,
Plaintiff
IN-THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-85 CIVIL TERM
AHMED D. DARWICHE,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby enter my appearance for the Defendant, Ahmed D. Darwiche, accept service
f the Complaint in this matter as of 19 January 2000, and acknowledge a receipt of the
ame.
ate: 30 ~ 00
Sa uel L. Andes, Esquire
Attorney for Defendant
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CUM8tFL/.J;D COUNTY
PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SHARON Y. DARWICHE,
Plaintiff
vs.
NO. 2000-85
AHMED D. DARWICHE,
Defendant
MOTION FOR APPOINTMENT OF MASTER
AHMED D. DARWICHE, Defendant, moves the court to appoint a master with respect to the
following claims:
) Divorce
( ) Annulment
( X ) Alimony
( X ) Alimony Pendente Lite
( X ) Distribution of Property
( ) Support
( X ) Counsel Fees
( X ) Costs and Expenses
and in support of the motion states:
(1) Discoveryis ccnrrplete as to the claim (s) for which the appointment of a
master is requested, except for ari appraisal of real estate which will be competed
within 60 days or less.
(2) The Plaintiff lias appeared in the action by her attorney, Matthew D.
Strohm, Esquire.
(3) The statutory ground (s) for divorce is 3301 (c).
(4) Delete the inapplicable paragraph (s):
The action is contested with respect to
the following claims: All of the items listed above.
(5) The action does not involve complex issues of law or fact.
(6) The hearing is expected to take 1 day.
(7) Additional information, if any, relevant to the motion:
Date: c~/q /fJ,OO()
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Samuel L. Andes
Attorney for Defendant
ORDER APPOINTING MASTER
AND NOW
appointed master with respect
!J , 2000,
the following claims:
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SHARON Y. DARWICHE,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-85 CIVIL TERM
AHMED D. DARWICHE,
Defendant
IN DIVORCE
NOTICE TO DEFENDANT
If you wish to deny any of the statements set forth in this Affidavit, you must file a
ounter Affidavit within twenty (20) days after this affidavit has been served on you or the
tatements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301ldl OF THE DIVORCE CODE
1. The parties to this action separated during the month of April of 1995 and have
ontinued to live separately and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property,
awyer's fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct. I understand
hat false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to
nsworn falsification to authorities.
ate:
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Ahmed D. Darwiche
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SHARON Y. DARWICHE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
:
AHMED D. DARWICHE,
Defendant
CIVIL ACTION
NO. 2000 85
IN DIVORCE
AFFIDAVIT OF MAILING
COMMONWEALTH OF PENNSYLVANIA :
ss
COUNTY OF CUMBERLAND
Matthew D. Strohm, Esquire, the attorney for Plaintiff, being
duly sworn according to law, says that he mailed by United states
certified Mail, Kestricted Delivery, a true and correct copy of
the Plaintiff's Complaint in Divorce in this action to the
Defendant at his residence, and that Defendant did receive same as
evidenced by the signed receipt dated January 10, 2000 attached
hereto as Exhibit "A".
!JJZdt;t )J. j d
Matthew D. Strohm, Esquire
Attorney for Plaintiff
400 state Road
Marysville, PA 17053
717-957-2474
Sworn to and subscribed
before me this /3 >0. day
of _JaHuarl..1 ~O.O.
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tary Public
NOTARIAl. SU.L
CAROtENE E. SANllAGO. Notary Pu~lIc
Camp Hill 8000, Cumbwland Ca., PA
My Cammlulon &pi"" April 30, 2001
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card to you.
D Attach this form to the fronl of the mallpiece, or on the back if space does nol
permit.
oWrile -Rerum ReceIpt .Request8cl' on the mailpiece below the article number.
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delivered.
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SHARON Y. DARWICHE,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA:
NO. 2000 - 85 CIVIL
AHMED D. DARWICHE,
Defendant
IN DIVORCE
2000, the
ORDER OF COURT
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AND NOW, this ~ day of
economic claims raised in the proceeding
been resolved in accordance with a property settlement
agreement dated August 2, 2000, the appointment of the
Master is vacated and counsel can file a_praecipe
transmitting the record to the Court requesting a final
decree in divorce.
BY THE COURT,
Mary A. Etter Dissinger
Attorney for Plaintiff
P.J.
cc:
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Samuel L. Andes
Attorney for Defendant
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OF iF~ :~r;'JTH)NOTAIiY
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CUM8ERLAf'JD COUNlY
PENNSYLVI~NIA
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 2, J day of ft-v.~, 2000, is by and
between:
AHMED D. DARWICHE, of 2205 Spring Run Drive, Mechanicsburg, Cumberland
County, Pennsylvania, party of the first part, hereinafter referred to as "Husband"; and
SHARON Y. DARWICHE, of 100 Darr Avenue, Carlisle, Cumberland County,
Pennsylvania, party of the second part, hereinafter referred to as "Wife."
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on 29
December 1985 and are the parents of two minor children: Chad E. Darwiche, born 10
February 1987, and Tarah M. Darwiche, born 25 July 1989 (hereinafter referred to as
"children"); and
WHEREAS, certain difficulties have arisen between the parties hereto which have
made them desirous of living separate and apart from one another and Wife has initiated an
action in divorce filed to No. 2000-85 Civil Term before the Court of Common Pleas of
Cumberland County, Pennsylvania;
WHEREAS, the parties hereto, Wife being represented by Mary Etter Dissinger
Esquire, and Husband by Samuel l. Andes, Esquire, have each exchanged full and complete
information as to-the property, assets, and liabilities owned aod owed by each and have
disclosed to each other and to their respective attorneys full information as to the financial
status of both parties hereto; and
WHEREAS, the parties hereto have mutually entered into an agreement for the
division of their assets, the provision for their children and for their rights and
responsibilities in and toward such children, the provision for the liabilities they owe, and
provision for the resolution of their mutual differences, after both parties have had full and
ample opportunity to consult with their respective attorneys, and the parties now wish to
have that agreement reduced to writing.
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NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the
mutually made and to be kept promises set forth hereinafter, and for other good and
valuable considerations, and intending to be legally bound and to legally bind their heirs,
successors, assigns, and personal representatives, do hereby covenant, promise, and agree
as follows:
1. CUSTODY. Husband and Wife are parties to a custody action filed by Husband
to No. 99-7027 Civil Term before the Court of Common Pleas of Cumberland County, in
which an order was entered onH15 March 2000 awarding both parties shared legal custody
of the children and Husband primary physical custody of the children. The parties agree
that they shall continue to share legal custody, that Husband shall continue to have primary
physical custody, and that Wife shall have such periods of temporary custody as provided
in Paragraph 3 of the order entered to the above term and number on 15 March 2000.
The parties further agree that they shall not pursue the provisions of Paragraph 1 of
that order to obtain a custody evaluation because the parties agree that such an evaluation
is not now necessary and both parties agree that they will make, execute, acknowledge
and deliver any stipulation, agreement, or other document necessary to dispense with the
custody evaluation or to have the court, if necessary, modify the order of 15 March 2000
to remove the requirement that the parties have such an evaluation.
2. CHILD SUPPORT. This agreement makes no provision for the financial support
of the children and each of the parties hereby reserves unto themselves all of their rights,
remedies, duties, defenses, and claims regarding the support of their children now and in
the future.
3. RESIDENCE AT 2205 SPRING RUN DRIVE. The parties acknowledge that
Husband, at or shortly after the time of their separation, purchased a residence at 2205
Spring Run Drive in Mechanicsburg, Cumberland County, Pennsylvania. Wife
acknowledges that property to be the sole and separate property of Husband and hereby
waives and releases any claim to or interest in said property. Husband shall be responsible
2
to pay and satisfy, in accordance with its terms, the debt owed against the property
secured by a first mortgage owed to Cendat Mortgage Company.
4. RESIDENCE AT 100 DARR AVENUE. The parties acknowledge that they
acquired during the marriage and hold as marital property, and as tenants by the entireties,
a marital residence at 100 Dar Avenue in Carlisle, Cumberland County, Pennsylvania. With
regard to said property, the parties hereby agree as follows:
A. Husband shall, at or shortly before the entry of a final decree in
divorce, transfer to Wife, by special warranty deed, all of his right, title, and
interest in and to the said residence.
B. The parties acknowledge that the property is subject to a mortgage
owed to Cendate Mortgage Company on which there is currently a balance
owed of approximately $65,000.00 and on which they are obligated to make
monthly installment payments of approximately $540.0-0. The parties agree
that Husband shall be responsible to make the monthly installment payments
on said property for a period of thirty (30) months following the date of the
final decree in divorce and that Husband shall make such payments directly to
the mortgage company. Husband shall receive a credit against the alimony to
be paid by Husband to Wife pursuant to this agreement equal to the amount
of the monthly installment payment. Husband shall make all such payments
when they are due, without default or delay, and shall indemnify and save
Wife harmless from any claim, cost or expense should he fail to make such
payments when due.
C. From the date of this agreement until such time as the parties are
divorced, Husband shall be responsible to make payment of the monthly
installments due on the mortgage described hereinabove. From and after the
date of this agreement, however, Wife shall be responsible to pay and satisfy,
in strict accordance with their terms, all other expenses relating to the
property or arising out of her use or Occupancy of it, including, but not limited
3
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to, real estate taxes, homeowners insu[ance, sewer rental, utilities,
maintenance, repClirs, and the like. Further, Wife shall indemnify and save
harmless Husband from any loss, cost, or expense caused to him by her
failure to pay such debts as they are incurred and are due.
D. Wife shall, within thirty (30) months of the'date of the final decree
in divorce between the parties, cause the debt secured by the mortgage
against the property to be satisfied_ in full or, in the alternative, shall obtain
Husband's absolute and unconditional release from liability on such debt. If
necessary, Wife will refinance the debt secured by the mortgage within said
time, or sell the property and apply the proceeds to pay and satisfy such debt
so that Husband is released from all further liability. If Wife fails to satisfy
such debt or obtain Husband's unconditional release from it within thirty (30)
months of the date of the final decree in divorce, Wife shall vacate the
property within ninety (90) days of her failure, at which time Husband will
oversee and control the sale of the property. The Court of Common Pleas of
Cumberland County shall, upon the petition of Husband, direct the sale of the
property and take all necessary steps, including the appointment of a special
master if necessary, to arrange the prompt sale of the property and the
application of the net proceeds of sale to the payment and satisfaction of the
mortgage so as to obtain Husband's unconditional release from said debt. In
the event that Husband has not been released from said mortgage within
thirty (30) months of the date of the final decree in divorce between the
parties and Husband elects to continue making payments of the mortgage
installment after that date, any payments he makes against such mortgage
debt after thirty (30) months after the final decree in divorce and prior to the
sale and settlement on the property, shall be reimbursed to Husband from the
net proceeds of sale before they are distributed to Wife. In the event the
property is sold, by the court or otherwise, the net proceeds of sale, after
4
paying the costs oLsale, the balance owed on the Cendate Mortgage, and any
reimbursement owed to Husband pursuant to this sub-paragraph, shall be paid
to Wife and shall be her sole and separate property thereafter.
E. Wife shall, from and after the date of this agreement, have
possession of the said residence and be solely responsible to pay any and all
expenses, real estate taxes, municipal assessments, and other costs arising
out of the ownership or occupancy of the property (with the exception of the
monthly mortgage payments to be made to Cendate Mortgage Company
which are to be paid by Husband pursuant to sub-paragraph B hereof) and
shall be solely responsible to maintain the property and to comply with all
state, local, and other governmental rules, regulations, statutes, and
ordinances relating to the property or her use or occupancy of it. Further,
Wife shall indemnify and save harmless Husband from any loss, cost, or
expense caused tobim by her failure to pay such expenses, to maintain the
property, or to fully comply with all such rules, regulations, and laws.
5. SUTLIFF CHEVROLET RETIREMENT SAVINGS PLAN. The parties acknowledge
that Husband, as a result of his employment by Sutliff Chevrolet, is a participant in the
Sutliff Chevrolet Company Retirement Savings Plan, and that he was a participant in said
Plan at the time of their separation. They further acknowledge that, as of the date of
separation, the total value of his interest in said Plan was less than $7,000.00 and that all
contributions made to the Plan after the date of their s_eparation are non-marital property.
Knowing this, Wife does hereby waive, release and relinquish any and all claim to or
interest in Husband's account within said Plan and does further confirm the account and its
value to be the sole and separate property of Husband free of any claim by Wife hereafter.
6. PERSONAL PROPERTY. The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household furnishings, appliances, and
other household and personal property between them and they mutually agree that each
party shall, from and after the date hereof, be the sole and separate owner of all such
5
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tangible personal property presently in his or her possession, whether said property was
heretofore owned jointly or individually by the parties hereto, and this agreement shall have
the effect of an assignment or receipt from each party to the other for such property as
may be in the individual possessions of each of the parties hereto, the effective date of said
bill of sale to be contemporaneous with the date of the execution of this Agreement.
7. ALIMONY. Husband shall pay Wife alimony as follows:
A. Husband shall pay Wife the sum of Two Thousand Five Hundred
($2,500.00) Dollars upon the execution and delivery of this agreement, as
alimony to be paid and received during the calendar year 2000.
B. In addition to the payment provided for in sub-paragraph A,
Husband shall pay Wife the sum of Seven Hundred Fifteen ($715.00) Dollars
per month as alimony, commencing on the tenth day of the month following
the date of the final decree in divorce entered in the action now pending
between the parties and continuing on the tenth day of each and every month
after thereafter for a period of thirty-six (36) months. In each month in which
Husband pays the monthly installment due on the mortgage against the
residence at 100 Darr Avenue, Husband snail take a credit against his alimony
payment in an amount equal to the monthly installment payment, but not
more than $540.00, and shall pay to Wife, on or before the tenth day of such
month, the difference between $715.00 and the amount actually paid on the
mortgage installment. Despite Husband's direct payment on the mortgage,
however, all payments made to Wife pursuant to this paragraph shall be
treated by both parties as alimony, with Husband being entitled to deduct
them from his income for tax purposes and with Wife including them within
her income for tax purposes. Wife shall be entitled to deduct the interest paid
on the mortgage, even though those payments are made by Husband pursuant
to this agreement, and Husband does hereby assign to Wife the right to claim
such deduction.
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C. The amount of alimony shall not be subject to modification by any
court or other tribunal and shall remain fixed at the rate of $ 71 5.00 per
month.
D.The term of the alimony paid pursuant to this paragraph shall not be
subject to modification by any court OT tribunal and shall not exceed thirty-six
(36) months. Any and all obligation by Husband to pay alimony to Wife or to
otherwise contribute to her support shall terminate absolutely at the end of
the 36th month following the date of the final decree in the divorce action now
pending between the parties.
8. WAIVER OF ALIMONY. SUPPORT AND ALIMONY PENDENTE LITE. Th", parties
acknowledge that they are aware of the income, education, income- potential, and assets
and holdings of the other or have had full and ample opportunity to become familiar with
such items. Both parties acknowledge that they are able to support and maintain
themselves comfortably, without contribution from the other beyond that as provided for in
this Property Settlement Agreement, upon the income and assets owned by each of them.
The parties hereby accept the mutual covenants and terms of this Agreement and the
benefits and properties passed to them hereunder in lieu of any and all further rights to
support or alimony for them self , counsel fees, and alimony pendente lite at this time and
during any and all further or future actions of divorce brought by either of the parties hereto
and the parties do hereby remise, release, quit claim, and relinquish forever any and all right
to support, alimony, alimony pendente lite, counsel fees and expenses beyond those
provided for herein, during the pendency of or as a result of any such actions, as provided
by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any
time in the future. Wife shall, within ten (10) days of the execution of this agreement,
withdraw the actions for spousal support and alimony pendente lite she has previously filed
against Husband.
9. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of
them have had a full and ample opportunity to consult with counsel of their choice
7
regarding their claims arising but of the marriage and divorce and that they have specifically
reviewed their rights to the equitable distribution of marital property, including rights of
discovery, the right to compel a filing of an Inventory and Appraisement, and the right to
have the court review the assets and claims of the parties and decide them as part of the
divorce action. Being aware of those rights, and being aware of the marital property
owned by each of the parties, the parties hereto, in consideration of the other terms and
provisions of this agreement, do hereby waive, release and quitclaim any further right to
have a court or any other tribunal equitably distribute or divide their marital property and do
hereby further waive, release and quitclaim any and all claim against or interest in assets
now currently in the possession Qr held in the name of the other, it being their intention to
accept the terms and provisions of this agreement in full satisfaction of all of their claims to
the marital property of the parties and the equitable distribution of the same.
10. WAIVER OF ESTATE RIGHTS. Husband releases his incl10ate intel>tate rights
in the estate of Wife and Wife releases her inchoate intestate rights in the estate of
Husband, and each of the parties hereto by these presents for himself or herself, his or her
heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever
discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or
any of them, of any and all claims, demands, damages, actions, causes of action or suits of
law or in equity, of whatsoever kind or nature, for or because of any matter or thing done,
omitted, or suffered to be done by such other party prior to the date hereof; except that
this release shall in no way exonerate or discharge either party hereto from the obligations
and promises made and imposed by reason of this agreement and shall in no way affect
any cause of action in absolute divorce which either party may have against the other.
11. WAIVER OF PROPERTY ClAIMS~N[LEj;T8JE ClAIIVIS. Except as herein
otherwise provided, each party hereto may dispose of his or her property in any way, and
each party hereby expressly waives and relinquishes any and all rights he or she may now
have or hereafter acquire, under the present or future laws of any jurisdiction, to share in
the property or the estate of the other as a result of the marital relationship, including,
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without limitation, the right to equitable division of marital property, alimony, alimony
pendente lite, and counsel fees, except as provided for otherwise in this Agreement,
dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right
to take against the will of the other, and right to act as administrator or executor of the
other's estate, and each will, at the request of the other, execute, acknowledge, and
deliver any and all instruments which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such interests, rights, and claims.
12. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent
to the other than neither of them has incurred any debts in the name of the other not
previously disclosed or provided for in this agreement. Each of the parties hereby
represents to the other that neither one of them have incurred or contracted for debts in
the name of the other or for which the other is or would be legally liable from and after the
date of the parties' separation. Both parties hereto mutually agree and promise that neither
will contract or otherwise incur debts in the other's or joint names without the prior
permission and consent of the other party hereto. Both parties hereto represent and
warrant to the other party that they have not so contracted any debts unbeknownst to the
other up to the time and date of this Agreement.
13. DISCLOSURE. Both of the parties hereto represent to the other that they have
made full disclosure of the assets and income and income sources owned, controlled, or
enjoyed by either of them and that neither party hereto has withheld any financial
information from the other. Each of the parties represents that they have reviewed such
information, as well as the law of Pennsylvania as it relates to their rights, obligations, and
claims arising out of their ma-rriage and of any divorce action which has or may be filed
between the parties with an attorney of their choice, or had the opportunity to review such
matters with an attorney of their choice and voluntarily decided not to do so. Further, the
parties each acknowledge that they are aware that they have the right to compel the other
party to provide full financial information about all assets owned by either party and all
liabilities owed by either party and have the right to have a court force such disclosure in a
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divorce action. Being aware of those rights, the parties expressly waive the right to further
disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree
that they are satisfied with their understanding of their legal rights and obligations. ' Being
so aware and satisfied, the parties mutually accept the terms and provisions of ' this
agreement in full satisfaction of any and all rights or obligations arising of their marital
status or the divorce action now pending or to be filed between them.
14. CONCLUSION QF DIVORCE. The parties acknowledge that this agreement is
made in contemplation of the conclusion by both of them of an action in divorce which has
been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto
agree that they shall, contemporaneously with the execution of this agreement, execute
and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section
3301 (c) of the Divorce Code, consenting to th.e entry of a final decree in divorce, and a
Waiver of further notice for the entry of such decree. Both parties agree that they shall
accept the terms and provisions of this agreement in full satisfaction of any claims they
may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but
not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the
like.
15. RELEASE. The parties acknowledge that the purpose of this agreement is to
divide all of their marital property, resolve all of the economic claims between them, and
terminate and conclude any and all claims one party may have against the other. The
parties acknowledge that each of them has had ample opportunity to consult with an
attorney of their choice and to obtain legal representation with regard to this agreement
and to the claims which they are terminating hereby. Consequently, each of the parties,
for themselves, their heirs, successors, and assigns, does hereby accept the terms and
provisions of this agreemel1t in full satisfaction of any claims, of any nature, they may
have, or may ever have had, against the other party and each of the parties does hereby
waive, relinquish, release, and surrender forever any claim they have against the other
party, arising out of their marital relationship, or any other dealing between the parties prior
lO
. ..
. . ' ~"
to the date of this agreement, provided, however, that this release_shall not exonerate
either of the parties from the obligations they expressly make in this agreement, which
shall survive the date of this agreement until such obligations are fully performed.
16. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced
in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania.
17. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall
be declared void or invalid, only such part shall be deemed void and in all other respects
this Agreement shall remain valid and fully enforceable.
18. NON-WAIVER. The waiver of any term, condition, clause, or provision of this
Agreement shall in no way be deemed or considered a waiver of any other term, condition,
clause or pTovision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
. :jLt~ 0. M. Urep
Wltnes
. 1elite. YVI lA~
Wltnes '.. '
~gA()'y\ d ~J\U)~j,^-()
A U Y. DARWlt~r:
n
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.
CDMMONWEALTH OF PENNSYLVANIA
C:O:UNTY OF CUMBERLAND
)
( SS.:
)
On this, the ,;;l.,-r-d day of Av.~, 2000, before me, the undersigned officer,
personally appeared AHMED D. DARWICHE known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and acknowledged that said
person executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My t~c;-;;~ E~:
Notarial Seal
Flora M, Vogt. Notary Public
North Midd:eton Twp., Cumberland County
My CommIssion Expires May 21, 2001
r~ember~ PennsylvanIa Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
( SS.:
)
On this, the .;l.....cl. day of FM-~ , 2000, before me, the undersigned
officer, personally appeared SHARON Y. bARWICHE known to me'(or satisfactorily proven)
to be the person whose name is subscribed to the within instrument, and acknowledged
that said person executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and offiCial seal.
4&.(;. IY\.~
My Commission Expi s:
Notarial Seal
Flora M, Vogt, Notary Public
North rv1rddJ,eton Twp,. Cumberland Caulty
My Commission Expires May 21, 2001
Member, PennsylvanIa AssociatIOn of Notanes
l2
~
.
SHARON Y. DARWICHE,
Plaintiff
v.
IN THE COURT OF COMlvION PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
AHMED D. DARWICHE,
Defendant
NO.-2000-0085 CIVIL TERM
ORDER OF COURT
AND NOW, this It>1ty of January, 2000, upon consideration of Plaintiff's
Petition for Emergency ReIiefSeeking To Seize Passports of Ahmed D. Darwiche and
His Minor Children and Petition for Exclusive Possession of Marital Residence, a hearing
is scheduled for Tuesday, the 1st day of February, 2000, at 3:00 p.m., in Courtroom No.
1, Cumberland County Courthouse, Carlisle, Pennsylvania.
Count VII of the consolidated complaint in divorce is referred to the custody
conciliation process and the Court Administrator is requested to facilitate that process.
BY THE COURT,
Matthew D. Strohm, Esq.
28 North 32nd Street
Camp HiII,PA 17011
Attorney for Plaintiff
tIA
Ahmed Darwiche
2202 Spring Run Road
Mechanicsburg, P A 17055
Plaintiff, Pro Se
esley OIer, J.
~~
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00 JAN 11 PM 2: 58
CUM8ERi.AJ'iD COUNTY
PENNSYLVANIA
. '",
t.
SHARON Y. DARWICHE
Plaintiff
vs.
AHMED D. DARWICHE
Defendant
. ,.IAN ~ 7 lOP! \
. '. \ J
:
IN THE COURT OF COMMON!.PLEAS .
OF m\.UPfHN COUNTY l- ""'" e vt'li-td
PENNSYLVANIA
:
:
:
:
CIVIL ACTION
NO'~--&'-5 ~
IN DIVORCE
:
:
ORDER
AND NOW this _ day of
hearing on the within Petition for Emergency Relief
for Exclusive possession is scheduled for
_ day of
Room Number,
and
-cof
,1999, at----.:,o' clock _ .m.
the 9aaphin cou~ty Court House.
[...,.;", ["ev("-vtt!.
By the Court,
,
1999, a
Petition
, the
in Court
J.
SHARON Y. DARWICHE
Plaintiff
IN THE COURT OF CO~ON ;PLEAS I
: 'OF ~ COUNTY (..!.LW I..-ev{qh~
: PENNSYLVANIA
vs.
AHMED D. DARWICHE
Defendant
: CIVIL ACTION
NO.~_or
: IN DIVORCE
PETITION FOR EMERGENCY RELIEF SEEKING TO SEIZE
PASSPORTS OF AHMED D. DARWICHE AND HIS MINOR CHILDREN
AND
PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE
AND NOW comes Sharon Y. Darwiche, by and through her
attorneys, Dissinger & Dissinger, who respectfully requests the
Court to grant her Emergency Relief for the following:
COUNT :I
1. Plaintiff is Sharon Y. Darwiche, who resides at 100 Darr
Avenue, Carlisle, Cumberland county, pennsylvania.
2. Defendant is Ahmed D. Darwiche, who resides at 2202 spring
Run Drive, Mechanicsburg, Cumberland county, Pennsylvania.
3. The couple have been separated since 1993.
4. Plaintiff and Defendant have two minor children, Chad E.
Darwiche, age 12, and Tarah M. Darwiche, age 10.
5. Ahmed D. Darwiche, Defendant, is originally from Beirut,
Lebanon and still has family there.
6. The children have resided all their lives in the United
States and have never traveled abroad.
7. The Defendant has said that he is taking his children to
"Asia" this summer to visit his mother who still lives in Lebanon.
8. Defendant has told Plaintiff "He'd leave the country before
he gave her any support money."
9. An action for divorce and
simultaneously with this Petition
Petition for Exclusive Possession.
custody is being filed
for Emergency Relief and
10. A support conference is scheduled for February 9, 2000.
11. plaintiff does not know if the children have their own
passports.
12. The Plaintiff requests the Court seize Defendant's passport
and the children's passports because she believes if the children
leave the country, they may not return.
WHEREFORE, Plaintiff respectfully requests the Court to seize
the passports of Ahmed D. Darwiche and the passport of the
parties' minor children, so they may not leave the country.
COUNT II
1. Plaintiff is
Sharon Y.
Darwiche, who resides at 100 Darr
County, Pennsylvania, which was the
Avenue, Carlisle,
marital residence.
Cumberland
2. Defendant is Ahmed D. Darwiche, who resides at 2202 Spring
Run Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3.
left
The couple
Plaintiff.
have been separated since 1993, when Defendant
.
4. Plaintiff lives in the marital residence with the children.
5. The marital residence is titled to Plaintiff and Defendant.
6. Defendant continues to enter household as if it was his own.
7. On one occasion,
combination TV/VCR.
Defendant removed computers and a
8. On another occasion, Defendant entered and removed a
dehumidifier that belonged to Plaintiff._
9. Approximately one year ago, Plaintiff changed the locks, but
Defendant climbed through a window to gain entry.
10. In early November
Plaintiff had been
transportation.
1999, Defendant came and took the
driving, leaving Plaintiff with
car
no
11. By virtue of Defendant's past conduct, Plaintiff believes
Defendant will return to the marital residence from time to time
to take additional property which is hers or which is subject to
equitable distribution.
12. Plaintiff requests the right to exclusive possession of the
marital residence because she does not want to be worried about
whether and when Defendant will come to the residence for purposes
of taking additional marital property, since he has established
his own residence elsewhere.
~ j' -- .~
WHEREFORE, Plaintiff respectfully requests the Court to grant
exclusive possession of the marital residence to her.
Respectfully submitted,
DXSSXNGER & DXSSXNGER
/fItvlvi; ~~-
Matthew D. S ohm, Esquire
X.D. # 76724
28 North 32nd street
camp Hill, PA 17011
717-975-2840
Attorney for Plaintiff
, .
:
.
.-
~ ~ '"
VERIFICATION
I, Sharon Y. Darwiche, verify that the statements made in the
foregoing document are true and correct. I understand that false
statements herein are made subject to the penalties of ~8 Pa.
C.S.S4904, relating to unsworn falsification to authorities.
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IN THE COURT OF COMMON PLEAS
OF DAUPHIN, COU~~f; PENNSYLVA
,
CIVIL ACTION NO.
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SHARON Y DARWICHE,
Plaintiff
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v.
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AHMED D DARWICHE,
Defe,ndant
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EMERGENCY PETITION
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DISSINGER & DISSINGER
ATTORNEYS AT LAW
28 N_ THIRTY-SECOND STR6ET
CiNVlP HIUL, PENNSYLVANIA 170] 1
975.,2:8,40 or 9,75-284 J
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SHARON Y. DARWICHE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
AHMED D. DARWICHE,
Defendant
No. 2000-0085 CIVIL TERM
ORDER OF COURT
AND NOW, this 1st day of February, 2000,
upon consideration of Plaintiff's petition for Emergency
Re~ief Seeking To Seize Passports of Ahmed D. Darwiche and
His Minor Children and Petition for Exclusive Possession of
Marital Residence, and pursuant to an agreement reached in
open court between the parties and their respec-tive
counsel, it is ordered and directed as follows:
1. The Defendant, Ahmed Darwiche, shall not
enter the jointly-owned residence at 100 Darr Avenue,
Carlisle, PA, when the plaintiff is not present without the
Plaintiff's advance consent. That is, the Defenpant shall
not enter the residence unless the Plaintiff is present or
otherwise consents to his entering the residence.
2. Neither party shall remove the parties'
two minor children, Chad E. Darwiche, born February 10,
1987, and Tarah M. Darwiche, born July 25, 1989, from the
United States of America without giving the other parent 60
days advance not~~~~~~~Tties recogniz~ that there may
I t 1..Jf"~;j L...':lElVVnO
be an emergencyatiL-uaSiQn, such as an illness to the
'<;H" l:- 83::! 00
Defendant's motJ\.tM"0,\I5.chr5" ~M\)make it necessary or
. 381:1;:10-0:08'- ~,
~
--.; < .;-
desirable for him to take the children out of the country
to visit with his mother without being able to provide 60
days notice, in which case the party seeking to take the
children out of the coun~ry will give the other party as
much advance n~tice as possible, which will not be less
than one week.
3. The provision of this order regarding
the children shall remain in effect until replaced or
modified by an order to be entered in the child custody
action now pending between the parties and filed to No.
99-7027 CIVIL TERM in which Ahmed Darwiche is the Plaintiff
and Sharon Darwiche is the Defendant.
By the Court,
J.
Mary A. Etter Dissinger, Esquire
For the Plaintiff
Samuel L. Andes, Esquire
For the Defendant
wcy
SAMUELL. ANDES
ATT,ORNEY AT LAW
52~ NORTH T\....ELF'l'H STREET
P. O. l30X 168
LEMOYNE, PENNSYLVANIA 17043
TEl.EPHONE
(71T) 761-~361
8 August 2000
PAX
(7J7) 761-1435
E. Robert Elicker, II
Office of the Divorce Master
1 3 North Hanover Street
Carlisle, Pa 17013
RE: Darwiche vs. Darwiche
No. 2000 - 85
Dear Mr. Elicker:
I represent the Defendant in the above matter. The Plaintiff is
represented by Mary Dissinger, Esquire. The matter is pending in your office
but a hearing has not yet been scheduled,
Last week the parties signed a Property Settlement Agreement which
resolved all of the economic issues in the case. I enclose two fully-
-executed copies of that agreement. In light of that agreement, it will not be
necessary for your office to proceed any further and I request that you file
the documents necessary to have the court vacate your appointment as
Master.
Please contact me if you have any questions or need any further
information.
Sincerely,
~
Samuel L. Andes
amh / Enclosures
cc: Mary Etter Dissinger, Esquire
Ahmed D. Darwiche
~/
"
.
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Traci .10 Colyer
Office Manager/Reporter
West Shore
697-0371 Ext. 6535
May 10, 2000
Mary A. EtterDissinger
Attorney at LaW
DlSSINGER & DlSSINGER
28 North 32nd Street
Camp Hill, PA 17011
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
RE: Sharon Y. Darwiche vs. Ahmed D. Darwiche
No. 2000 - 85 Civil
In Divorce
Dear Ms. Dissinger and Mr. Andes:
Mr. Andes wrote a letter dated May 9,2000, asking me to proceed
with the Darwiche case. I reviewed the file and see that on February 25,
2000, Mr. Andes filed a certification document indicating that the only
discovery that needed to be completed was the appraisal of the marital
residence. Ms. Dissinger confirmed that statement in her certification
document dated February 25, 2000. I had not heard from counsel in the
meantime as to whether or not the appraisal has been completed but in
view of Mr. Andes' letter I am going to assume at this time that all
discovery is complete and the appraisal has been conducted.
A divorce complaint was filed on January 5, 2000, raising grounds
for divorce of irretrievable breakdown of the marriage and indignities. I
am going to assume that the parties will sign affidavits of consent or
have been separated for a period in excess of two years so that we do not
need to proceed on the indignities grounds. -
~'
..
MS. DISSINGER AND MR. ANDES, ATTORNEYS AT LAW
10 MAY 2000
PAGE 2
The complaint also raised the economic claims of equitable
distribution, alimony, alimony pendente lite, and counsel fees and
expenses.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel
to file a pretrial statement on or before Monday, June 5, 2000. Upon
receipt of the pretrial statements, I will immediately schedule a pre-
hearing conference with counsel to discuss the issues and, if necessary,
schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE:
Sanctions for failure to file pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE
FILED IN THE MASTER'S OFFICE AND A COPY SENT
DIRECTLY TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
SAMUEL L, ANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P. O. BOX 168
LEMOYNB, PENNSYLVANIA 17043
TELEPHONE
(717) 76J-S361
25 February 2000
FAX
(717) 761-1..33
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Sharon Y. Darwiche VS. Ahmed D. Darwiche
No. 2000-85 Civil
Dear Mr. Elicker:
Enclosed is my certificate regarding discovery. The only item outstanding to
my knowledge, is an appraisal of the house, which has been ordered. I do not
believe that should delay the preparation and filing of our Pre-Trial Statements and I
ask that you issue your directive accordingly. Thank you for your attention to this
matter.
Sincerely,
&d"
amh .enclosure
cc: Matthew D. Strohm, Esquire
~
..
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
SAMUEL L. ANDES
ATTORNEY AT LAW
0.25 NORTH TWELFTH STREET
P.O, BOX 168
LEMOYNE, PENNSYLVANIA 17043
Tli:LEPHONE
(717) 761-:5361
14 February 2000
FAX
(717) 761-1435
RE: DARWICHE VS. DARWICHE
No. 2000-85
Dear Mr. Elicker:
I represent the Defendant in the above matter. Although the action was just filed,
the parties have been separated for more than five years and I have just filed a Motion for
your appointment as Master so we can start the process of resolving all of the economic
issues.
I realize that you do not like to proceed with cases like this until discovery has been
complete and I acknowledge that all of the discovery in this case has not yet been
completed. However, there are only a few assets (a house and a 401 (K) Plan) and we are
in the process of having them valued now. My client earns a regular paycheck and so
there are no unusual issues about his income or any income-producing assets which will
require elaborate or extensive discovery. For all of these reasons, ( believe that all of the
djscov~ry in the case will be complete, and that we will have an appraisal of the real
estate, within the next 60 to 90 days. For that reason, I request that you issue your
directive requiring us to file pre-trial statements and allow the case to proceed in the
normal fashion at this time.
I have sent a copy of this letter to Mary Dissinger, who represents the Plaintiff.
am certain that she will notify both of us if she does not agree with my suggestion or
anticipates any problem completing discovery within the next 60 to 90 days.
amh/Enclosure
Sincerely,
s.m&
cc: Mary Etter Dissinger, Esquire
.,~
:1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SHARON Y. DARWICHE,
Plaintiff
vs.
'NO. 2000-85
AHMED D. DARWICHE,
Defendant
J\IIQllON FORAP-EOll\lI.l\lLE.I'n OF MASlEB (") 0 0
C 0 -n -
AHMED D. DARWICHE, Defendant, moves the court to appoint a ma~~witm-esp:e;~ to the
following claims: , 83~ 0 ;g~
~b 90
( X ) Distribution of Propert~c.: ~ ~::a
( ) Support ~8 - '!? 15M
( X ) Counsel Fees ~ (J"J ~
( X ) Costs and Expenses -< 0'> ~
) Divorce
( ) Annulment
( X ) Alimony
( X ) Alimony Pendente Ute
and in support of the motion states:
(1) Discovery is complete as to the claim (5) for which the appointment of a
master is requested, except for an appraisal of real estate which will be competed
within 60 days or less.
(2) The Plaintiff has appeared in the action by her attorney, Matthew D.
Strohm, Esquire.
(3) The statutory ground (s) for divorce is 3301 (c).
(4) Delete the inapplicable paragraph (s):
The action is contested with respect to
the following claims: All of the items listed above.
(5) The action does not involve complex issues of law or fact.
(6) The hearing is expected to take 1 day.
(7) Additional information, if any, relevant to the motion:
Date:,)j{! kJ.,c'(I"
I I
~~-@jX~
Samuel L. Andes
Attorney for Defendant
QBQER APPQINIlI\ffi.JJllA.s~EB.
AND NOW , 2000,
--------
appointed master with respect to the following claims:
, Esquire, is
BY THE COURT,
J.
SAMUEL L. ANDES
ATTORNEY AT LAW
02~ NORTH TWELFTH STREET
P. O. BOX 16a
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(717) 761-5361
9 May 2000
FAX
('1'17) 751-143:5
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
,
RE: SHARON Y. DARWICHE vs, AHMED D. DARWICHE
NO. 2000-85 CIVIL TERM
Dear Mr. Elicker:
I represent Ahmed Darwiche in the above matter. Mary Dissinger
represents Mrs. Darwiche.
These parties have been separated for several years and I filed an
Affidavit under 3301 Cd) of the Divorce Code, to which no Answer has been filed.
I believe the matter is ready for a hearing on the economic claims which Mrs.
Darwiche raised in her Complaint.
I filed a Petition for Appointment of Master in February. To date, I have
riot received any communication from your office, Please review your files and, if
you have been appointed Master, issue a letter directing the parties to file Pre-
Trial Statements so the matter can proceed, If you have not been appointed
Master as yet, please let me know that and I will check with the Court to see
what is causing the delay. Thank you for your cooperation.
Sincerely,
S~s
SLA.amh
cc: Mary Etter Dissinger, Esquire
Ahmed D. Darwiche
DISSINGER~' ~-c!
~: DISSINGER
-.. -
. ~
'"-
Camp Hill Offices: 717,975,2840(voice . 717,975,3924(fax
Marysville Offices: 717.957.3474(volce. 717.957,2316(fax
February 24, 2000
E. Robert Elicker, II, Esquire
Office of Divorce Master
9 North Hanover street
Carlisle, PA 17013
RE: Darwiche VB. Darwiche
Divorce Docket No. 2000-85
Dear Mr. Elicker:
Enclosed find my certification. Discovery is not complete but
it should be complete in the near future. I would appreciate it if
you would schedule this matter at your earliest convenience but
allow us approximately thirty (30) to sixty (60) days to collect
and exchange the information. I had anticipated it might not take
that long but I understand from Mr. Andes' correspondence it might
be up to ninety (90) until we have all the data. Please schedule
this accordingly.
Very truly yours,
'----;l'U ( t1~-"-
Mary A. Etter Dissinger
Attorney at Law
MAED: j am
Encl. 1
cc: Sharon Y. Darwiche
Sam Andes,Esquire
File 3-99-281
Attorneys at Law
28 North Thirty-Second Street. Camp Hill, PA 17011
400 South State Road. MarysvilIe, PA 17053
DISSINGER~ -,
,.. DISSINGER
, .
,-- -
Camp Hill Offices: 717.975,2840fvoice. 717.975.3924ffax
Marysville Offices: 717.957.3474fvoice. 717.957,2316ffax
May 17, 2000
E. Robert Elicker, II, Esquire
Office of Divorce Master
9 North Hanover street
Carlisle, PA 17013
RE: Darwiche Vii. Darwiche
Divorce Docket No. 2000-85
Dear Mr. Elicker:
My client will sign a consent to the divorce. The appraisal of
the real estate has ~ been completed. I am not sure whether Mr.
Andes wants to proceed with one at this time. He has made us an
offer. I am still waiting to hear from my client. I ask that you
postpone Pre-Trials beyond June 5th so that in the event the
negotiations falls through, Mr. Andes has ample to have the
appraisal completed. Unless I hear from you I will assume that you
still want Pre-Trials June 5th and I will prepare accordingly, but
I would appreciate an extension given the lack of a current
appraisal.
Very truly yours,
'----7Jc ~ CI
Mary A. Etter Dissinger
Attorney at Law
MAED: jam
cc: Sharon Y. Darwiche
Samuel L. Andes, Esquire
File 3-99-281
Attorneys at Law
28 North Thirty-Second Street. Camp Hill, PA i 7011
400 South State Road. Marysville, PA 17053
SAMUEL L. ANDES
ATTORNEY AT LAW
~25 NORTH Tv.~ELl"TH STHEET
P. O. BOX 168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(TIT) 70t'53Gt
23 May 2000
FAX
(717) "el'143~
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
HE: Sharon Y. Darwiche vs. Ahmed D. Darwlche
No. 2000-85 Civil
Dear Mr. Elicker:
I write in response to Mary A. Etter Dissinger's letter to you of 17 May 2000.
Mrs. Darwiche's refusal to sign an Affidavit of Consent is no reason to postpone these
proceedings. The parties have been separated far more than two years and my client has filed
the Affidavit under Section 3301 Cd) required by the Divorce Code. As a result, he is entitled to
proceed on the economic issues. Moreover, Mrs. Darwiche, who is the Plaintiff in the case, has
obtained an order for APL and, as a result, she must either proceed with the divorce litigation or
withdraw it so that the APL order can be dismissed. Thus, under either theory, my client is
entitled to proceed.
The assets of the parties are very simple. There is a marital residence occupied by Mrs.
Darwiche and my client's balance in a small 401 K Plan resulting from his employment. We
have an appraisal on the house which is approximately two years old, a copy of which we have
provided to Ms. Dissinger. We are content to use that value for purposes of the divorce
proceedings. If Ms. Dissinger and her client disagree with that, they are free to have the
property appraised themselves. There is nothing in the law, or in the rules, or even in the policy
of our court, that prohibits a party from moving the case to a hearing simply because the other
side has not had an asset appraised to their satisfaction.
For each of these reasons, I ask that you stand firm on your date for filing pre-trial
statements so this case can proceed and my client can finally get this dead marriage behind
him.
Sincerely,
,.,:J;? ,
~
amh
cc: Marry A. Etter Dissinger, Esquire
Ahmed D. Darwiche Cw.enclosure)
DISSINGER~ "C w.
': DI~SINGER
Camp HiII Offices: 717.975.2840/voice. 717.975.3924/fax
Mary,viIIe Offices: 717.957.3474/voice. 717,957.2316/fax
June 13, 2000
E. Robert Elicker, II, Esquire
Office of Divorce Master
9 North Hanover street
Carlisle, PA 17013
RE: Darwiche vs. Darwi.che
Di.vorce Docket No. 2000-85
Dear Mr. Elicker:
This letter'w11l' confirm my secretary's telephone conversation
with Tracy of' today; --June 13, 2000. I do not -agree to Mr. Andes'
request for a fourteen (14) day extension of filing his Pre-Trial.
I would like it noted that as of this writing I'have not received
a copy of Mr. Andes' request to the Master for this extension. I
wrote to you requesting that the Pre-Trials be postponed to a
future date so negotiations could continue to settle this case and
if that fell through that we would'have ample time to get a current
appraisal on the real estate. My request was not granted. The Pre-
Trials were due Monday, June 5, 2000. My Pre-Trial was filed
timely. Tracy's telephone call to my office was on June 8, 2000. It
appears this request was received by you several days after the
Pre-Trials were due. It was Mr. Andes who petitioned for the
appointment of the Master. He should have been prepared to file his
Pre-Trial as directed. I know of no reason why he should be granted
an extension unless there is good cause set forth in his letter to
you. I will await a copy of Mr. Andes' letter to you requesting the
extension.
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Very truly yours,
1/2 O/~,/!' c~ )fu.fClLf}e1~
"'Mary A. Etter Dissinger
',': ICL'Attorney at Law
MAED: j iirri'''- .,
cc: Sharon Y.
Samuel L.
File 3-99-281
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'Darwiche
Andes, Esquire
. '_.1 _.:.. _:,
Attorneys at Law
28 North Thirty-Second Street. Camp Hill, PA 17011
400 South State Road. Marysville, PA 17053
SAMUEL L. ANDES
ATTORNEY AT LAW
~25 NORTH TWELFTH STREET
P. O. :BOX 168
LEMOYNEJ PENNSYLVANIA 17043
TELEPHONE
(717) 1'61'5361
7 June 2000
FAX
e'7J7') 1'61.1~~
E. Robert Elicker, II, Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Darwiche
Dear Mr. Elicker:
The parties were to have filed their pre-trial statements by Monday, 5 June
2000. Late last week we started some serious negotiations and I have some hope
that those negotiations will resolve the case without further litigation. Accordingly,
I write to ask that you allow the parties an additional 14 days to file those pre-trial
statements. By then we should certainly know whether the negotiations are
successful or whether we will have to use your services to get the case resolved.
Thank you for your attention to this matter.
Sincerely,
&,~ L:~An~es
Ie
cc: Mary A. Etter Dissinger, Esquire
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IN THE COURT OF COMMON PLEA~ OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
:
,~It~
CIVIL ACTION - LAW
NO.'J[JJJ- 6~' CIVIL 19
IN DIVORCE
STATUS SHEET
ACTIVITIES:
SHARON Y. DARWICHE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2000 - 85 CIVIL
AHMED D. DARWICHE,
Defendant
IN DIVORCE
TO: Matthew D. Strohm
Attorney for Plaintiff
Samuel L. Andes
,
Attorney for Defendant
DATE: Thursday, February 17, 2000
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL_COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
SHARON Y. DARWICHE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 2000 - 85 CIVIL
AHMED D. DARWICHE,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Mary A. Etter Dissinger
, Attorney for Plaintiff
Samuel L. Andes,
, Attorney for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 9th day of October 2000, at
9:30 a.m., at which time we will review the pre~trial
statements previously filed by counsel, define issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 6/27/00
_ -E. Robert Elicker, II.
Div.orce Mas ter
Mary A. EttecDissinger, Attorney for Plaintiff, filed a
pre-trial statement on June 3, 2000.
Samuel L. Andes, Attorney for Defendant, has not filed' a
pre-trial statement as of the date of this notice.
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\
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SHARON Y. DARWICHE,
Plaintiff
vs.
~ NO. 2000 - 85 CIVIL
AHMED D. DARWICHE,
Defendant
IN DIVORCE
TO: Matthew D. Strohm
Attorney for Plaintiff
,
Samuel L. Andes
,
Attorney for Defendant
DATE: Thursday, February 17, 2000
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
To Defendant's KnOwledge, the only discovery yet to be canplete is
the appraisal of ,the marital residence. That residene is c=ently
=cupied by Plaintiff and Defendant has engaged a real estate appraiser
who has been in contact with Plaintiff in an effort to arrange
inspection of the property. If Plaintiff will cooperate, Defendant
expects to have the appraisal report very shortly.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
See above. Defendant expects the appraisal report within the
next two weeks if Plainiff cooperates.
25 February 2000
DATE
~~~
SEL PLAINTIFF ( )
COUNSEL FOR DEFENDANT (XX)
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
,
.
.
SHARON Y. DARWICHE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2000 - 85 CIVIL
AHMED D. DARWICHE,
Defendant
IN DIVORCE
TO: Matthew D. Strohm
Attorney for Plaintiff
Samuel L.Andes Attorney for Defendant
DATE: Thursday, February 17, 2000
CERTI FICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMELETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
We are still awaiting the appraisal from the marital residence and
I am awaiting confirmation from Mr. Andes that the defendant does
not have anything other than a 401K with his employer. The request
has not been made through formal discovery requests but only
through corres,pondence. , __~'
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(b) Provide approximate date when discovery will be
complete and indicate what action is~ being taken
to complete discovery.
Because no formal request has been made but it has only been made
in writing by correspondence between counsel, I would assume that
I would have an answer within ten (10) days to two (2) weeks
regarding Mr. Darwiche's pension or lack of one, and I would expect
the appraisal from the house within two (2) more weeks.
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'DATE'
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" COUNS~FOR PLAINTIFF (xx)
~~~NZKKXX~RXEKEKMEXMXX~XX~
Mary A. Etter Dissinger
cc: Sam
NOTE:
Andes, Esquire
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESEN~ED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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SHARON Y. DARWICHE,
Plaintiff
IN THE COURT OF COMMON PL~~' I~/
". OF CUMBERLAND COUNTY
PENNSYLVANIA
AHMED D. DARWICHE,
Defendant
CIVIL ACTION
NO. 2000 - 85 Civil
IN DIVORCE
vs.
PLAINTIFF'S PRE HEARING CONFERENCE STATEMENT REQUIRED
PURSUANT TO CIVIL RULE 1920.33
1. List of Assets
a. Marital Residence - no current appraisal done - value
unknown by Plaintiff. Plaintiff is without funds to pay
for'an appraisal.
b. Husband's 401K - value unknown to Plaintiff at the
present time. Plaintiff has a copy of a statement from
June 30, 1995, close to date of separation. The
Plaintiff does not know the increase in value and can
only estimate it based upon the statement provided to
her by Defendant
2. Witnesses
A. Lay Witnesses
Sharon Y. Darwiche and Mary A.Etter Dissinger, Esquire
are the only witnesses at this time. In the event that
Plaintiff should wish to call more witnesses, the Court
and opposing counsel will be notified as soon as the
decision is made.
Summarv of Testimonv
Sharon Y. Darwiche will testify as to factors pertaining
to equitable distribution, her opinion as to value of
the marital property, and testify to factors relevant to
her claim for alimony, counsel fees, expenses and costs.
Mary A. Etter Dissinger, Esquire will testify about
legal services rendered on behalf of Plaintiff.
B. Expert Witnesses
None.
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3. Plaintiff's Exhibits
A. Copy of Husband's retirement savings plan statement
dated June 30, 1995. (See Exhibit A.)
B. A Cbpy of Wife's most recent pay stub to be provided at
time of Hearing. (Exhibit B)
C. Signed engagement letter to client from Dissinger and
Dissinger dated December 3, 1999. (See Exhibit C.)
D. Husband's 1999 W2. (See Exhibit D.)
E. Plaintiff's 1999 W2 for Uni-Marts, Inc. (See Exhibit E.)
F. Copy of mortgage when parties refinanced marital
residence February 19, 1998. (See Exhibit F.)
G. Settlement sheet from the refinancing of the marital
residence on February 19, 1998. (See Exhibit G.)
H. Copy of Husband's deed for purchase of real estate in
his individual name dated March 30, 1998. (See Exhibit
H.)-
I. Copy of Husband's mortgage on real estate purchased in
his individual name dated March 30, 1998. {See Exhibit
L}
4. Gross and Net income from all sources
Defendant is employed at Sutliff Chevrolet. In 1999
Defendant's W2 showed $71,355.85 in gross earnings.
Plaintiff and Defendant have been to a support conference and
the Support Conference Officer determined net monthly income for
each party, assigning to Husband a net monthly income of
$4,293.83. The Conference Officer assigned Wife an earning
capacity of $879.87 monthly. At the time of the support conference
Wife was earning a small Wage with Uni-Mart with irregular and
infrequent hours and she was keeping children in her home in
mornings before they would get on the bus for school and kept them
in the afternoons in her home after they got off the bus. She
estimated that in putting children on the bus and getting them
after school she grossed about $20.00 per week. This was a
"business" that she started in September of 1999. At the present
time Plaintiff is employed by Uni-Mart and she is presently
earning $6.25 per hour. She has only recently worked a forty (40)
hour week. Prior to the last couple of weeks she was not fully
employed at Uni-Mart or anywhere else. Plaintiff hopes that she
will be able to maintain at least forty (40) hours per week at
Uni-Mart. This is the first the employer has given her any
significant number of hours. No benefits are presently available
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to her but by the time of the Hearing, she mgy be able to pick up
benefits at Uni-Mart by working hard and showing her dedication to
the position.
Plaintiff has no car as Husband took her leased vehicle
months ago. She gets to work by walking.
5. Current Expense Statement
Defendant has since separation paid Plaintiff's mortgage,
taxes and insurance on the marital residence. Plaintiff is not
able to meet_her expenses. There is presently an overdue electric
bill in the amount of over $800.00. Her electric had been cut off
until she was able to pay some portion of it last month. She is
receiving assistance from the County. Plaintiff owes Defendant
child support.
6. Value of Pension or Retirement Benefits
Plaintiff has none. The value of Defendant's are unknown to
Plaintiff.
7. Claim for Counsel Fees
Defendant left Plaintiff without cause over two (2) years
ago. Plaintiff borrowed the retainer for her present counsel from
a family member to address custody and has to repay that
generosi ty . Plaintiff seek some contribution from Defendant on
account of legal fees incurred by her in this divorce.
8. Equitable Distribution
a. Marital Residence - no appraisal done - value unknown by
Plaintiff. Plaintiff is without funds to pay for an
appraisal.
b. Husband's 401K - value unknown to Plaintiff at the
present time. Plaintiff has a copy of a statement from
June 30, 1995, close to date of separation. The
Plaintiff does not know the increase in value and can
only estimate it based upon the statement provided to
her by Defendant
c. Husband's residence (believed to be purchased with
proceeds from a refinancing transaction when the marital
residence was refinanced February 19, 1998).
9. Proposed Resolution
Plaintiff will consent to the divorce under 3301(c).
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Plaintiff will trade Husband's 401K and her rights in his
residence for the marital residence. Defendant will also pay to
Dissinger and Dissinger a lump sum o~ $2,442.00 within 30 days of
the divorce being granted. (This represents one-half of the
proceeds from the refinance.) Defendant will also acquire a mid-
sized, four door motor vehicle for Plaintiff, or an SUV which will
be titled to Plaintiff. The car shall not be more than five (5)
years old, there shall be no rust. It should be fully inspected
and Defendant shall pay for titling it in Plaintiff and
registering it.
Defendant shall also do one of the following as well:
(1.) Defendant will bring the mortgage, taxes and insurance
current if they are not, and for the next thirty-six (36) months,
he shall pay the mortgage, taxes and insurance. In addition to
this, for the first twenty-four (24) months after divorce,
Defendant will pay to Mary A. Etter Dissinger, Esquire,
Plaintiff's attorney, $50.00 per month for twelve (12) months and
then for the succeeding twenty-four (24) months Defendant will pay
to Mary A. Etter Dissinger, Esquire the sum of $100.00 per month.
or
(2.) Defendant shall pay to Plaintiff the sum of $715.00 per month
for thirty-six (36) months.
Respectfully submitted,
DISSINGER & DISSINGER
Date: Ie j;L(t"V
-
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Mary A. Etter D~ssing r
400 South State Road
Marysville, PA 17053
717-957-3474
Attorney for Plaintiff
SUTLIff 'C..l:IEVROl.ET COMPANY
~ETIREHENT SAVINGS PLAN
a...
PERIOD 01/01/5 TO 06/30/95
(-
Afll'IEQ D DAp.WrCfH.
111-.f.~-.;(..1f1
DIVISIDN : 3~rllFf (HEV CO
:<IRTIl )?I,',:.lI>7. Fi1PLOY O?f19/'Y1
PARr Ie ,)1/~,'1 "/:5
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AONO FUNO
~MPLOYfE 401K (100.00%)
PKI0ll f.HANCE
C\JNT!,; P"UTION
EARNIIlG;; AND GAIN (LOSS)
TOTAL FflPLOYEE401K
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-
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1,313.59
325.00
142.16
1,760.75
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EMPLOYER-HATCH ( 40.00%1
Pll'tO!\ EJAlANCE
CUNTRIBUTION
EARNINGS AND &AIN (LOSS)
TUTALEMPLOYER-HATCH
985.18
243.75
106.61
1...335.5~
TOTAL l!tJNil fUND
3...116.29
BALANCED fUND
EMPLOYEE 401K (100.00%)
PRIOR I3ALJ\NCE
CUfITRI'lUTlIlN
~ARNrNGS AND GAIN (lOSS)
TOTAL ~~PLOYE~ 401K
1...336.1,9
32S.!lO
717.24
1 ,fl7fl. 7J
EHPL0Y~R-~AT[H ( 4D.DUZJ
p;;ro~'~ ~'ALAJ.l(F.
CllNf'lIflUTlON
~ARNINGS ANU GAIN (LOSS)
TOTAL EMPLOYER-MATCH
1..0U7.,5
243.75
1 63. 66
1...414.76
TOTAL JALA~CEO FUND
'3..29,3.49
MUNEY MARK~r FUND
EHPL0{~H ( 4D.ODZI
PHIO!l ',ALA"II:E
EARNING3 ANti ~AIN (LOSS)
10TAL EIlPLOYfR
1.06
.Q3
1.09
EMPLOYER-MATC" ( 40.00%)
PRIOR f:lI\LANCE
EARNINGS AND G^lN (LOSS)
TOTAL EMPLOYER-HATCH
1.14
.03
1.17
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EXHIBIT
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PERIOD ~1/G1J~5 TO U6J3D'9~
'--
PAlJI.1f 2
AHME~ 0 DA~~lCHE
TOTAL MON~Y MARKET FUND
2.26
TOTAL ACCOUNT 'T END OF PERIOD
6,412.04
TOT.1l ,/,,,/'"oD ;\~!iJIINT
4_,'76r~ 51
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Copy of Wife's most
recent pay stub to be
provided at time of
Hearing.
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Camp'HiII Offices: 717,975.2840/voice. 717.975.3914/fax
MarysviIle Offices: 717.957.3474/voice. 717,957.231iJ/fax
November 30, 1999
Mrs. Sharon Darwiche
100 Darr Avenue
Carlisle, PA 17013
Dear Mrs. Darwiche:
You have asked our firm to represent you in a divorce,
support, custody, equitable distribution, alimony, alimony pendente
lite, counsel fees, expenses and costs action. This letter sets
forth the agreement concerning our representation of_you and shall
be effective upon receipt of the retainer fee. We cannot undertake
to do any work on your case until we receive the enclosed agreement
signed by you and a retainer in the amount of $4,000.00. (We
acknowledge receipt of the $4,000.00 retainer paid November 30,
1999.) The retainer is a minimum fee and is not refundable. The
retainer requested is only to begin your case. We are unable to
tell you specifically how much your case will cost through its
conclusion. Therefore, it is necessary to represent you on an
hourly rate basis. In the event that your divorce, support,
custody, equitable distribution, alimony, alimony pendente lite,
counsel fees, expenses and costs action is not completed within
the limits of this retainer fee, we will apply the retainer fee to
the work performed and bill you subsequently on an hourly basis.
Due to the nature of this matter and the impossibility of
Attorneys at Law
2B North Thirty-Second Street. Camp Hill, PA 17011
400 SO\Jt!lState Roau- Marysville, PA 17053
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EXHIBIT
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-determining what course the matter may take, we are unable to
establish a flat fee for our professional services. Our billings
_are based on the present hourly rates set forth in the attached fee
schedule. Our hourly rates are adjusted every January. When the
hourly rates are adjusted you will be notified.
If you choose to only pursue the support action at this time
we cannot undertake to do any work on your case until we receive
the enclosed agreement signed by you and a non-refundable flat fee
in the amount of $450.00. This fee will cover all services rendered
on your behalf up to and through the conclusion of the support
conference. In the event that an appeal is filed from the
recommended order entered after or at the conclusion of the support
conference, you wil.l then be billed on an hourly basis. Due to the
nature of appellate issues and the impossibility of determining
what course the matter may take, we are unable to establish a flat
fee for oUr professional services at that stage. Therefore, it is
necessary to represent_ you on an hourly rate basis- for services
rendered after the support conference, if any. Those billings will
be based on the present hourly rates set forth in the attached fee
schedule. Our hourly rates are adjusted every January. When the
hourly rates are adjusted you will be notified.
Costs are oUr out-of-pocket expenses, such as filing fees,
process server fees, transcripts, photocopies, long distance
telephone calls, travel mileage, investigators, appraisers, and
accountants. If your husband has already filed an action in divorce
you will be required to deposit the sum of $100.00 on account of
costs. If your husband has not filed for divorce you will be
required to deposit the sum of $350.00 on account of costs. Costs
will also be itemized and billed on a periodic basis. We will bill
you monthly for legal services and costs and expect payment within
thirty (30) days of the date of the bill.
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Our statements are generally premised upon the amount of
professional time expended by the attorneys and staff in our office
for such services as conferences, telephone conferences, research,
court appearances, travel, and other miscellaneous legal services.
In addition, other considerations may enter into the setting of a
fee, such as: the novelty and difficulty of the issues involved;
the result achieved; the amount in dispute; the necessity of a
specialized skill requisite to perform the legal service properly;
the likelihood that the acceptance of a particular employment'will
preclude other employment by the attorney; time limitations imposed
by the client or by the circumstances; the nature and length of the
,-professional relationship with the client; the area of law
involved; and the interruption of other work in progress.
It is impossible to determine in advance the amount of time
that will be needed to complete your case. We will keep you fully
informed of conferences, telephone calls, drafting of documents,
research, court time and necessary travel time.
We reserve the right to terminate our attorney-cl~ent
relationship for non-payment of fees or costs. We expect you to
keep current with our billings. If your retainer has been exhausted
and there is still considerable work to be done on your case, you
may be asked to replenish your retainer and costs before our legal
work continues.
In the event that any bill from the law firm remains unpaid
-beyond a ninety (90) day period, you agree that the law firm may
withdraw its representation, at the option of the firm. In the
event that an action is pending, and absent your consent, an
application must be made to the court for such withdrawal. Where
the fee in unpaid for the period set forth above, you acknowledge
that in connection with any such withdrawal application, the
account delinquency shall be good cause for withdrawal.
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We will keep you informed as to the progress of your case. We
will send you copies of all papers coming in and going out of our
offices, including correspondence, pleadings a~d other documents.
If We are unavailable when you telephone, your call will be
returned with reasonable promptness. There will be times when we
will be in Court or at meetings or in conference, which will
preclude us from returning your call as quickly as you might like,
but we shall do our best to return your telephone calls as soon as
we Can. At'such times, please feel confident to talk with our
secretaries. If you are passing on information, they can deliver it
to us without the necessity of your waiting to have us return the
call. If you have a question that requires an answer from us, it is
far easier for them to obtain the background from you, bring the
matter to our attention when we are free, and then have a response
for you. If it is necessary for you to speak with us directly, we
will a~~empt to return your call as soon as-possible.
Every effort will be made to expedite your case promptly and
efficiently according to the highest legal and ethical standards.
Please acknowledge receipt of the enclosed agreement and your
acceptance of its terms by signing the enclosed copy and returning
it to us so that we will have a mutual memorandum of our
understanding. The other copy we have enclosed is for you to keep
for your records. We suggest that you keep your copy of "the
engagement letter in the folder we have provided to you, along with
any future correspondence from this office.
We have implemented a policy that ten years from the closing
of a file, it will be destroyed. We will send you copies of all
correspondence and'pleadings as your case progresses. If, at the
conclusion of your case, you--find you do not have some document
from your case and want it, let us kn-ow. We will send you a
reminder near the end of-the ten year period that your file will be
destroyed so you have another opportunity to make sure your records
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are complete. Ther,efore, you will need to keep us apprised
current address and telephone numbers at all times.
of your
Respectfully,
DISSINGER & DISSINGER
~"
Mary A. Etter Dissinger
Attorney at Law
MAED:jam
Encl. 1
File 3-99-281
I agree to and accept
~CC/h'1 bc-1 , 1999.
all of the above terms this
? rD
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~\O.Aon lDli 1D I~\/)
Sharon Darwiche
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STANDARD FEES
FOR SERVICES
ON AN HOURLY BASIS
Job Title
Work'Perfo=ed
HOl.lrlv Rate
Attorney
Attorney
In Office
!?165.00
At Hearing/In Court
or Adversary Proceeding
Associate Attorney
In Office
$220.00
$100.00
Associate Attorney
At Hearing/In Court
or Adversary Proceeding
secretary
Secretarial
$150.00
$ 75.00
$ 50.GO
Law Clerk/Paralegal
All
computer Operator
_Micro Computer/Word
Processing
$ 50.00
Electronic research
Use of electronic research
$150.00
$.10 per page
Copies
Faxed material
Sent or received
$1. 00 per page
Fees are based on time, portal-to-portal, for out of office
meetings, conferences, and hearings.
Incurred expenses or costs, such as filing fees, doctors' fees,
medical reports, expertHfees, etc., are billed at cost.
statements are sent every thirty (30) days. PaYment is expected by
the date indicated on the statement.
All accounts with balances outstanding after thirty (30) days are
charged interest at a rate_of 1.5% per month on the outstanding
balance. outstanding balances will not be carried past ninety (90)
days.
Please remit all payments to:
D I S SIN G E R , D I S SIN G E R
Attorneys At Law
400 South State Road
Marysville, PA 17053
717-957-3474
William C. Dissinger Mary A. Etter Dissinger
,
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CARL 'suo
PA 17013
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1999
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100 DARR AVE
CARLISLE FA
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MORTGAGE
ORrGINAL
LQ;m No. 6827489
TltlS MORTGAGE ("Security l11S(rume~t;') IS given 011 rEDRUARY 19i'l1, 1998. TIIC lllorlgilgor is
AHMGD DAI\WICill:: , SHARON Y. DARWiCHE, HUSUAND AND WIFE ("Uorrower"), Thi, Sc<uri<y
Instrumcnt is givcnto PUB MORTGAGE SEItVICJ:!S CORPORATION, whicl1 is org.mfzcd and cxislillg unuer the Jaws of
Nl3.W JERSEY, 41nd whose';ddrcu is 6000 ATnrUM WAY, 'MT, LAUB.EL, NEW Jcnslly,O.8034 ("Lender"), norrower
owes Lcnclef Ihc prinelrnl sum or SiXTY mc!.n' THOUSAND AND aOlloo DOllimi (U',S: S68,000.00). This debt is
cvitltn~tl by Dorrow~r's 'nete dCiicU UlC s~n...c dCi~C iU ihis _SccurHy hl$trumcn~ (~No\c"), whic!l pmviuc$ fer mQr,\t\ly
payments, wiLh tile full debt, ifl'lQt pnid C<lrJicr: due::mu payn.blc on MARCH 0 ISTZOl8, ThisSccurity lllslruUlcnl sccurc.s to
Lcmk::r; (n) tile repayment of(h.c oebl ~vidcl1cccl by the No!c. wilh ill1crcsl. i1nd all rcnew"ls, extensions ;llld modifie.Hions of
Ihe NOle; (b) the p<tYlnent.o[ aU other sums, .with interest; aclyal1ecd u!"oer pafilgrar.h 7'10 -protcct the security'of this
Security lnstfulUcnt; anu (c) the pcrrorHulJlce of Darrow_er's COVCOOlotS a.nd agrcemcnts under IhJ~",Sccufity Instrumcnt MO
the Note, For this purpose, narrower dOCi__bcrcby moctgngc, granramI convey to Lender thc following describcclJlropcny
Joeatctl ill CUMDERLAND COUllt)'. Pennsjrvania:
nEING MORE PlI.RTICUL1\RLY DE$CnlnED Accont!.ING "o.~. LtOJ\L DESCIUPTION A.IT1\ClIIID
HERETO i\ND MADE 1\ Pl\Rl' HEREOF'.
. .
UEING COMMONLY ~OWN AS 100 bARn AVENUE,
BEING 'rIlE SAME PREMISES COw/EYED' TO
ll'i DeED D1\T~D " ,. " MD.. RECORDZD ;l:N 'rHB
OFFIce IN DElm ,BOOK . , Pl}GE - ., ,.:' THIS
LIEN ON TIlE A~n9VE'~ES.CR~::~REM.~?S' "
PREP1\RI.m DY: ~~\.J _ _ _ ~_ _ --
SHERRY rlURST _
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;rs A FInST AND PARAMOUNT MOHTGAGB
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wlikh hn~ ;hc n1.lJrcss -of lCO DARR ^ VENUE, NORTH MtDDLETON, Pel1l1s-ylV'illliOl 17C13 ("Property AddrC$i-")
TOGETHI.m W1TH ill! lhe improvemems now or hcre~ftcr erectcd.on tl{~'rrol'ert)" arid nlt casements,
appUrLCllanCc.li, -nnd nxturc.s 11aw or ll-crc<l[[cr a pm"t of ~hc property. All rcplnec-ments <lnd _Old9itions shnlf also be_covered by
this Security Instrument. All of the foregoing is referred to ill tllis Sccuri.ly instrument <IS thl; "Property."
DORROWE!t COVENANTS that porrowcr is lawfully seized of tlle estate hereby ~l1veycd ano has tbcrighl to
mortgilge, gr<lnt ilnd convey the Property allcl'th~t lh~' PropeAy is. unencumbered, l' t~c2rtJor .cnc~l~l~raJ~ccs 'of rccoru.
norrower w;m<lllls nnd will defend gCllcnllly the title to the ProperlY <tgi:1inst iJll.,:!i1ims.6nd dcmands, subjcet to any
encumbrances of record. '. . .. ..
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THIS SECURiTY lNSTRUMENT combines ~nirorlll covenants for'n. ,ollal use ;lnd non-uniform covcnalllS
with Iilllilcd v:Jrillcions by jurisdiction to constitute n uniform Sc:curily ins.trumcnt c' cring re<ll propcrlY, .
PC::NNSYLVANJA .5111(110 r-",l11ilv. r-/I111l10 Mnol(.',o"llI~ M~a UNlr-OnM JNSmUMl!N,
":30:1'1 {O?AOl 121'J7
roml3030 0/!l0 (/!f'g_ J o(!i,usgu/
.Dooxi4.3Jr^Gc 1668
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UNIFORM COVENANTS. norrower nOlI Lender covenant and agree as' follows;
1. . PllYllIcnt of Priud[lul aud Ii1tcrcSl; J?r.crniymcut nlld Lale Cbaq;cs. narrower shall prompliy pay when due the
principal of imJ inter~t olltlic ueut cviuel1ccu by the Nole illlu ,my prepllymcnt'nnJ lule charges.due under the Note. .
2. Funds fOI.">l'axC3 und Insurnncc. Subject ~o applicable' ,law or to a written waiver by Lcl~ger,' Borrower .shall PllY [0
Lender on the day monlllly p<lymcnls <Ire due unuer lhe NOle, until the Note is p.nid in full, n sum>(~Funds") for: (n) yearly
tllXC$ nm.! assC$sments which umy,nttain priority oyer Ihis Securhy'Instrument ns a li~l,on ple Properly; (b) yearly leasehold
pilymelllS or ground rents on lhc Property, if any; (c) -ycarly haz~~u or proP.crty i9surancc premiums; (u) yearly noo.u
insuraucc premiums,'jf hny; (e) yearly mortgll&e insurance premiums, if any; anu (f) any sums.,payable by Borrower to
Lender, in accordance with the provisions or parat:rnph B, in lieu of the payment or mortg<lge insurance premiums. These
items arc cnHcd ~Es-crow Itcms. 6 Lender nlay, at any lillle, collect and hold Funds in an amounl nolla exceed the mnximum
amount a lender (or .L federally re]ated martgnge lallll may require for Dorrower's escrow <Iccount under the federal, Real
Estate SCtllelllent Proccuures Act of f974 4lS amended from time to time, 12 U.S.C, ~ 2601 cf seq. (~RESPA6), unless
another law that llpp{iCS to. the Funds sels a lesser amount. If so, Lender may, at any time, collect and hold Flmus in an
amount !lat to. exceed the lesser amOunt. Lendcr may estimate the amount of Funds due on the basis of current data and
reasonable CStlU1;\tCS of cxpendi.~urc.s of fulUrc Escrow ltenls or otherwise i.n nccord;rnce wilh .npplicOl.ulc jaw.
111e Punds sh41H be beld in an institutian whose oepasits arc insured by a federal agency, instrumentality, or entity
(including Lender, if Lonucl- is such an institution) or in any Federal Home Lann Dank. Lonuer shallapp]y the rUllUS Ia
PilY the Eseraw Items. Lclluer lllay nat chaq~e Borrower far holding nnd <lpplying the Funds, annually D.l1t1lyzing the escrow
account, ar verifying the Escrow ltems: unless Lender pilys.Darrawer- inrcrcst on the Funds and applicable law permits
Lender to m..kl: such II cb..q;c. However, Ltmdcr'1TLll.Y require norro.~e;- \0 p'll)" n om.~-timc c11i\rgc' for <Ul independent rcal
C$tatc [;lJl. reponing. service ust:d by Lendcr in conneelion wjlh this lO.1I1,.unlcss npplicaLilc taw provides alhcrwise~ Unless <In
llgrccment is lll<lue or <lpplicable law requires inlcresl to be paiu, Lender sflall not be required 10 pay Darrower any hneresr ar
earnings 011" the Funds. lJorrawcr and Lender I11<1Y <lr,rce in ,writing, however, ~hllt inlerest shall be pOliu on the Funtls.
Lender shall r,ive to narrower, without charge, im ,muua! accounting of the Funds, .~howing ereuils anti I.lcbils to the FlIlHls
and the purpose for which ellcl1ucl>it to. lhe run.ds waS mil.~e. The Funds ~rc pledged as nclcl1Lional securIty for nl1 sums
.secured by Ihis Secllrily InstrtllllClll. . , ,.' , _
If the PUIIU.s helu by Lenuer exceed the amounts l'cnniltcd to be beIu by applicable law:,LCnder shall accollnt 10
[Jarrawer far lhe excess Fllnds in nccordllllce wftii-lbe requirements _of Olppllcable law. Ir the amount of thc Funds 11l~ld by
Lemler at any lime is not sufficient to pny the Escrow Items when due, Lendcr may sa notify norro'?'Ci' in writing, a.nd. in
such C:Lse narrower sh:Lll pay to Lcnuer the amount necessary to. makc up thr;.deficieney. Dorrower shall make up Ihc
deficien.ey in no more lhan twelve monthly payments, at Lender's sole dj~cretion. "
Upon p:Lymellt ill full oC <111 .sums sccurctlby this Security Instrument, Lender shall prol11plly refuuu to Dorrower any
Funds held by Lcnuer. IC, under paragrllph 2J, Lemler shall acquire or sell the ProperlY, Lender, priar to. the ncquisition or
:laic of the PraiJcrty. shall apply ,my Funds hclu by Lender aL thc time of llequisition ar sale as a crcdit aga.illst lhe: SUlllS
secured by this. Security Instrument. '
.3. Applic.lcIoll orl'ayn'lcllts. uiliess ilpplicable law provides otherwise, all pilymenrs received by Lender ullder
[>ar.lgraphs 1 aml 2 shall be applied: first. to any prepayment ehllrs,es due Ul1uer the: Note; second, to. ilJl10ums payable
under paragr<lph 2; third, 10. interest ducj rourth, 10. principllluue; mlulilSl, to any late.ehllrges duc under the Note.
4. Churgcsi Liens. [lorrower sltall pa.y all t"KCS. MScssmcnls, cltarges., fines. an.d imilosltlOllS .;;Lllributable Co the
Properly'Which lllay 4l[[llin priority over this Security [nslnllueru, and Icaseho]d paymcnls or grounu rellts, if any.
norrower shall pay these obligalions ill the llmnner provided in pnrasr:Lph 2, or ir not paid in that manner, narrower .s11Ol.H
pay them all lime directly 10. tlie person owed pi'lyment. Oorrower shall promptly furnish to Lender alll10tiecs af amounts 10 be
pnid undcr lhis jl41r<lgraph: If l3orrower makes thcse paYl11cnlsuirecliy, narrower shall promplly furnish ~o Lendcr receipls
cvidencin&~hcp;lynv':'~\ls. .'-,..' T.. :..')' ., .
narrower sh<lll pramptly discharge any lien which has:' priarity over: tliis 'Sccurity Il1strul~le!lt unless Uorrower: (ll)
llgrccs in writing lo the payment of lhe abligatian secured by the licn in lI'mp.nrJcr _tlcctprOlble to Lender; (b) eantests: in good
faith the lien by, or defends ngainst cnforcement of the I1cn in, legal proceedings which in the Lender's opinion operate 10
rrevent Ihe enfaree1l1cm of the Hen; ar (c) secures from lhe holder af the lien an agreement salisfaclory to Lender
$ubardillatJng Ihe lien 10 Ihis Securlty Instrument. If LCndcr determincs tJint any pan or the Property is subjecl 10 a lien
which 1I1<1Y nttain priartty ov"c( this Security Instrument. Lemler may give norrawcr a notiee idcntirying the liell, norrowcr
Shllll satisfy the (jell or lake ane ar lUa"re'.of the actians set forth above within 1O.days af lhc giving af noticc.
S. ll:lzurd or Prapcrty Ills\lnmce. Darrawcr ~.11.11l keep the impravements now exlsling or here:LCter erectco on the
Praperty insureu against loss by Ore, hazards included within the.term "extendecl coverage"_.an~ :lilY ~lher h:LUlrels,
fneiuding noods or naoding, (ar which !-.cnder rcquirCl insurance. "Thts insurance shall b.e D1ai.n~ain.cd in ~he l?-tllOUnlS and..
for the Jleriods that Lcl1der requires. The insurance carrier providing the insurance shall bc chosen ,by norrower subject to.
Lemler's apprav::ll which $]14111 not be unreasonably withheld. ': If norrower rails 10 I~lnintaill coverage "dcscribeel above,
Lenoer may, at Lender's option, abtllill COVefll&C to protect Lender's rights in the Praperty in accordance willl parngraph 7.
All insurance palicies ami rcnewel!s shall be acceplable lo Lender anel shall include a stand:Lrd mottgaj;c clause. Lender
slull have the right 10 hold the palicies. and rcncwOlI$. If Lender requirC&, Borrower shall promptly give 10 Lender all
receipts of pnid premiullls ;ultl renewal notices.. In Ihe cvent of loss, norrower shall givc prompt llotice to the h1surOlucc
carrier and Lender. Lender lHilY make praaf of lass if not made promplly by Dorrowc..r. ," .
Unless Lcndt:r anu Uorrower olllerwise agree in writing, iniurnJlcc praeeeus sh:Lll be <lpplietllo reslorlltioll or rcpair of
ll..e Properly d..m..geu, if the l'Cstor.\\lon or repair is cconomicall)' feasible ilnd Lcnucr's secuIity is nol lessened. Lf lhc
resLor:Ltian or repnir is not ccanomienUy fCilsiblc ar Lender's security' wauld be tcsseneu, ~hc insurance procecds sh<.lH be
llppIied to the sums secureu by lhis Security Instrument, whet.ber or 1101 then due, wilh ilJ1Y exCC$s paid"IO Dorrower. IC
llarrowcr l!bandons the Property, or docs not a.nswer'within 3.0 dOlys.a notice Crom Lencler thllt Ihe illsurnnee carrier has
orrefed 10 scttle it claim. lilca Lender nmy collcet the insurmree procceus. Lcllder may use the proeeeos [0 rcpair or restore
the Propcr~y .or ~o p~y sums scc~~_ by Ih;~'~ccuriIY 1,n~t~~91Cn.t',.'W.~1~[her .or,n~t ~h~:l.'cl~c..'J~l:e\tO-day pe~iad. will begil~
wilenthenotlCelsglVen.. . _ ~ '," .- ' ".'.,f~,. 1.1 ..,.......'!. I'.,,) ,'~ ,,' ,
Unless Lender anu13arrower 'otherwise agrcc'iil wriiin&, <L.I.1Y applicatian of proCeeds' to principal shnH not c;<tcnu ar
po.slpalle the uuc uale of lhe mOlllldy payments referrcu to. in paragraphs 1 and Z.or change the mnaunt of the paymenls. If
umlcr paragraph 21 the Propert)' is Llcql.lircd,lJy Lender, Uorrower's righlto any insurance policies and praceeds resulting
Crom d.un<1l;e to lhc ProperlY prior to the Olcquisition sllnlll)Cl.$S .to' Lcnuer to. the ex.tent of the sums secured by this Security
Instrumenl immediately prior to. lhe acquisitian., . : : ,(..~ ,
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(I>l'AO) 12Jn
furmJOJ9 9/!111 fJwcr2 11j$/lCIjies)
BOUK1433 PAGE .669
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ORIGINAL
G. Occupancy, Prc.'~cl'\':1!i()Il, 1\'lllinlel11lllcc nnd Pro(ccllon of the PI'opel.l}'; BorrolVer's Lonn ApplicnUoni
LCllsclloltls. Borrower .shall ocCupy, eslablish. .111d use the Prtljlerty :IS Oorrower's principal residence within sixty days
aClcr the c};ccutioll of this Security (nstrulllent nno sh,lll .~olllillue to occupy the Property as Uorrower's principal rcsi~cncc
for at lenst Olle year :lftcr the cln.te 0( oecupaney, unless uncler otherwise agrees in w,riling, which consent shall not be
unreasonably withheld, or unlcs.s CX(elluClting circumstances cxist which arc beyond Oo~rowcr's control. Borrower shall
not destroy, dmnage or impair the Properly, allow _the PropcrlY to de~eriorale, or cOJnmi,l waste on the Property. narrower
shall be in default if any forfciture :lclion or procccding;.whc.ther civil or' crhninal, Is'begun that in Lender's good faith
judgment could result in forfeiture of the Property or otllerwise'materiaUy impair the lien 'crented by. this Security
InstrumenL or Lendcr's security interest.. Borrower may cure such a default :md reinstate; as rrovidcd in parag.raph 18, by
c:lusiug the nction ar"proceedlng 10 be dismissed with a ruling thOle: In Lemler's -gOOd faiLh detcrmination, precludes
farfeiture of the norrower's il1lerC$l in tlie Property or other material impainnent of Ill<:- !iea created by this Security
Instrument ar Lender's security interest. norrower shall nl.so b.e in default if Borrowcr, durjng Ihe'loan application
process, gnvc materially false"or inaecurate infonl1alion orslatclllcnts io Lender (or fniled 10 provide' Lender with any
mntcri<ll infarmation) in eonncdion with the loan evidenced ~Y the Note, including. but not limited to. reprcscntnlions
concerning narrower's oecupnney of lhe Property as n princlJlal residence. If this Security Instrument [05' on a leasehald,
Oorrower shall comply with allthc pravisions of the lease. If Borrower nequircs ICe title to the Property, the leasehold amI
the fee (itle shalt not merge unless Lender ngrCC$ to the merger in writing. .
7. Protcction of Lcmlct"s Rights in (he Pro'pcl"ty. If narrower fails to perfarm the covemmlS and <1greelllents
cont<1iJleo in Ihis Security lnstnililcnt, or tlicre is a legal proceeding that may significantly affcct Lender's rights in thc .
PropCrly (such as a proceeding ill bankruptcy, probate, for condemnation ar forfeiture or to enforce laws or regulations),
{hen Lendcr may do and P<JY for whatever is necessary/" to rrotccr the value -of the Property and Lender's rights in the
Properly. Lender's actions mOlY include paying allY SUUlS secured by a Hen which has priority over this Sccurily
Instrumenl, appearing in court, pClyillg reasonable attorneys' fees ,md entering on the Properly to make repairs. Although
Lender mOlY take action under this para&l<lph 7, Lende.r docs not have to do so.
Any amounIs disbursed by Lcmler utlder Ihis paragraph 7 shall bccome additional deb I of Borrower securcU by this
Security.lnstrunlel1t. Untczs Borrower and Lender agree to Ol,her.terms of payment, thcs.e amowlls shall bcar interest from
the dale of disburscment at the Note rate and shall b"e payable, with intcrest, upon notice fro.ni' Lender to. Borrower
reqm:stil1g payment, .., .
8. Morlg:at;e IIlStlll1l1Ce. If Lcnder required mortgage insurance as a"conclition of making the loan secured by this
Security lnstrumc:nt, Borrower slla\l pay the premiums required iO maintain lhe mortgage iru:urnnce 1n effect. lf, for .my
reason. the mortgage insur.111Ce cove-rage required by Lender lapses or ceases [0 be ill effecI, norrower shall pay the
premiums requirctl 10 obtain COVe(ilge Substcullinlly equivalent to the lll()rtgage insurance prcviously in effcct, al a cost
.substantially cquivalent to lhe cost to Dorrower of the mortgnge lnsurallce previously ill effect, from CUl aHe-mnle -mortgagc
insurer npproveo by Lender. If.substimlially cquivrilent 1T10rlgage insurance coverage is not available, Borrower shall pay to
Lcnder ench month a sum equal to one-twelfth of lhe yearly mortgage insurance premium being paid by Borrower when the.
insurance coverage lapsed or ecnscd to be in crfecl. Lender will <JCCCpl, use and retain these payments as a loss reserve in
Hell or mung:lgc insllnmcc. Loss reserve paynlCll!S may no longer be required, ilt the option of Lender, if mortgage
insur:mee covernge (in the amounl iltHJ for the period tlwt Lender requires) proviued by no insurer approved l>y Lender
again becomes avnilnble nnd is obtninctl. Oarrower sh,lll pay (he premiums required to. mainlain niongage insurance in
ef~cct, or [0 provide ;1 10$S reset've, ulHil the requirement fm tI1orlga&e insurance ends ill accon.lancc with nny wriuell
agreement betWCCJI norrawer and Lender or applicable taw.
9, Inspection. Lenucr or its ngent may make rcas.onable entries upon and inspections of the ProperlY. Lender shall
give norrowcr nOlice at tile time of or prior to an inspcction specifying reasonable cause for the inspection.
10. Condemnatian. The proceeds of any award or claim for damages, direct or conseql.lenti<ll, ill cOnnection with any
condemnation or oLher takliii; of any part of the Property, or for conveyance in lieu of condemuntion, arc hereby assigned
and shaH be paid to Lender. _._ .
In the event of a total taking of lhe Property, the proceeds ill-all be npplic:d to Ihe .sums secured by this Secu!:ity_
Instrument, whether or !lot then clue, with CUlY excess paid to i3orrower. In the event of a partial taking of the Property in
whicllthc fair markeL value of the Property immcdiately before the tnking is equnlloor greater tlIanthe nmount.of the sums
sccured by thili Security lnstrumcnl immediately before the laking, unless Borrower aJ.Hl LcmJ.er athe.twise agree in writing,
the ZUlUS secured by this Security Instrument shall be reduced by tlle amount of the proceeds multiplied by the following
fraction: (a) the total amaunt or the sums .secured immediately before the taking, divided by (b) tIle fair market value of the
Properly immedi<ltcly before the (nking. Any balance shall be paid to norrower. In the event of a partial taking of the
Property in which lhe fair llwrkct value of the Property immediately before tile laking is less thall the amaunt of th~ sums
secured immetliately, befoFe [Ile taking, lllllcss Borrowcr and Lender otherwise agree in writing or unless applicnblc law
.otherwise provides, the proceeds shall be applicd to Illc sums secured by this Security Instrument whether or not the sums
arc then due. . .
If the Property is abandoned by 130rrowcr, or if,. after notice by Lenoer 1.0 norrowcr that the condemnor offers to make an
award or seUle a claim for damages, l~orrowcr fail.s 1.0 respond to Lender within 30 days after the date the notice is givcn,
Lender is authoriz.cd to collect lUlU npply the praceeds, at ill; option, either to restoration .or repair of the Praperty or to the
sums sccured by this SceurilY Instrument, whether or nat (hen duc.
Unless Lender and Borrower otherwisc agree in wriling, any Olpplication of proceeds \0 principal Sllall not extend or
poslpone the tlue dilte of the 1U01l\hly p<lymellts referred to in p.1rngr.Jph$ 1 aJ;ld 2 or change'the amount of such paymel1ls.
11. Borl'ower Not Rclca.~edi Forhearance By Lelloer Not n Waiver. extension of [he time for p~ment or
modification of nmortiz<1tion of the sums secured by this Security lnsLrument granted by Lemler lo ally successor itl intercst of
Dorrower shan not operate to release tllC titibHity of the originall3orrower or 130rrower's successors in interest. Lender
shill 1 110t he requirccJ to .commence procecdln&s against CUlY .successor in .interest or refuse to.cxtend timc for payment or
otherwise modify amortb:ation of the sums se-cured by this Security Instrument by reason 9f CU1Y dcmand made by the
original narrower or norrowcr's successors in iiltercst.' Any forbcaranee by Lender ill e?:ercising any right or rcmedy
shall not be a waiver oCor preclude the CJtcrcLse of any right or remedy. .-
12. Successors and Assigns Uoundj Joint andSevcrnl LlnlJilitYi Co~-sigllcrs. The" covenants and llgrccmcnt5 of this
SeCllrity lnslrllmcnt shOJIl bind ami benefit the successors and ilssigns of Lender, and Dorrowe-r~ subject to the provisions or
paragraph 17. narrower's covenants alld ngreemcllts shall be joint al1d several. Any Dorrower who co-signs this Security
Instrument but docs not execute the Note: (a) is co-signing, this Security Instrument only to mortgagc, grant aJ.lcl convey
Ihat norrower's. interest in the Properl)' under the terms of this Security Instrumcnt; (b), i.s not personally obligated to pay
the sums secured by this Security Instrument; arid (c) 'agreeS Ihat Lender and miy other Borr.ower m::ty <1grcc to extend,
modify, forbear or mnke ;my OlceOll1moUnLions wii"h regard to the terms of this Security. Instru.Jnent or the Notc without that
Uorrower's consclll. . I I
JtlJ'2A (I)1'AO) 121')1
BOOK1433 PACE .870
]'!':NNS\'LVANJA F~rll1 JO.'9 (}lIIJt( 1 III J /wea)
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13. LQ311 Ch,lrgCS. If i[ie loi\n securcd by this Scc1.ldty Instrumcllt is subjcc~ 10 .1 lnw w]]id_l sels l1l;lxill1Ulllloan
chllrgcs, llm] that law is finally illlerpreleo so t!wt the interest or other lo.m charges eollccle<.l or to be eoJlectctl ill
conncction with the lo.1ll exceed IlIe permiuetl limits. Lhen: (a) any such loan charge shnl] be reduced by the :'llllOllnt
necessary to reduce tllc charge to the permiued limit; <lnd (b) any sums _alr,eady collccted from Borrower whiCll excecded
pcrmilted limits wilt be refunded 10 Oarrower. ~ Lender may choose 10 make this refund \)y reducing the principal owed
under the Note or by making a direct paymcnllo 13orrower. If i1 rcfund reduces princlim], the reduction will be treated ns a
partial prepayment without any prepilymcIlt charge under the Note.
14. Notices. Any notice 10 Oorrower provided for in Ihis Security (nslnunenL shnU be given uy dclivering' rt or by
lll<1HinS it by first 'crass I'll.lit'tllllcsi <lppTici'tb\c., lnw rcquirCi Usc of another methou. The 110tice-'shnll be uirectcd 10 the
Property Addrcu or any aLher <lddrcs,s 13orrower designates by notice to Lender. Any notice to Lender sllaU \)e given by
first d<lsS mail 10 Lender's .l\.IdrC.'iS slalcd herein or <lilY olhcr notlrcss l-cnder designates by 1l0licc to Dorrower. Any nolice
providcO for in this SecurilY Instrumenl Sll<l]l bctleernctl to hilve becll &ivcn 10 Oorrower or ~nder when g.iven as provic.Jed in
this paragraph.' ..
15. Governing Lawj Severability. This Security Instrument shall be governed by federnl law ant! thc law of the,
jurisdiction 1n which the Property is located. In the event that any provision or clause of Lhis Secudty Instrument or the
Nole conOicl.S with applicablc'la\v, sucJl connict shill I not affect oth.cr.llrovis,ions of (his ~~urilY rnslfUmclU C?r Ille N9te
which can be g.ivl:l1 effecl wiLhout Ihe connictlng provision. To this cnd the provisions of this Security Instrument and Ihc
NOlc arc declared to be 5everable.
16. norrower's Copy. Borrower shall be given one conformed copy of Ihe Note and of this SecurilY Instrument.,:
17. Transferof the Properly 01. a UellcfIcinl Interest Inilon.ower. [fall Of any parl of the Property or nny inLerest in ii is
sold or trallsferret! (or if n bCii-eficla] interest in Dorrower is sold or transferred ai1d Oarrower- is not 01 lllljuril.LJ2cfson)
without Lender's prior wriucll conscnL, l.-CmTcr lll<lY, at its opLioil; reqolre immedinte pnyment in full of nIl sllms S'ecnred by
this SeeuriLY' Instrument. However, this opLion-shllll nol beexercisccl by Lender if exercise is prohibllctluy federnllnw <:IS of
the <.IMe of Lhis Security lnstrumelll. _ ___ _ __
If Len<.ler exercises this option, Lender sh<ll!~_i'ye ,~.9rro.wcr nOllee of ncceleratioll. The no{j~.c shnll nrovide a period of
nm leu lhan 30 unys from lhc uale"lhc nOllce is-delivered or m~iled within_ wj~lch narrower must pny :1.\\ sums seCured uy
this Security lnstrument. If narrower C:li(s to I)ny these sums prior to the ex.pirntlon of this period, Lender nl.1Y invoke any
remedies permitted by this SecuriLY !nslrUlllell1 WlthoUl further uotiee~or dcmand 011 narrower.
18. llorrower's Rlgl\t lo RdustlltC. If Oorrower mects. cerlnil1 cOlHJitiollS-; 13o.rrowcr s~hall haYe the figlll to {wvc
cuforcement of this Seeurily Instrument discontinued at nny lime prior to the earlier of: (n) 5 ~~1)'S (or such otlie~ period as
applicabll: law may specify fot reinst:ttetllcm) Llclore s<l]e of the Property pUrSUmlllO <lny power of snle col1tilinetl in Ihis
Security Instrument; or (b) entry of ajudgment enforcing this Security lnstruulellt. Those conditions arc that norrower: (<I)
pays Lender nil sums whieh ll\en woulu be due under this SecuriLY lnstnHl1ellt and the Note <lS if no acceleration had
o-ccurret!; (\)) cures any default of any other eOVellilnlS or ngrecmcnts; (c) pays a1l expenses incurred in enforcing' this
Security InsLrument, incluuing, bm not limited 10, rcason:Jble attorneys' fees; and (d) takC$ such actioll as Lender may
reasonably require 10 .lSSllfe that Llle lien of Lhis Security Instrumcnt, Lender's rigllls ill'the Property <lnd Dorrower's
Obligation to pay the sums secured by this Security Instrument shall continue unchanged, Upon reinstatement ~
Oorrower, t.his Security rnSlrUl11elH -~ilclthc obligations secured hereby .shOll I rcmain fully effective as if no nccelernlion h~d
oceurretl. However. this l;ighllO reillstilte shall nol apply ill the case of ncceleratlol1 Linder p.lragraph 17.
19. S41(C of Nute; Clmllge of Loau SC1.vkcr. Tbe Notc or a pnrtial interest ill the: Note (together with this Security
InsLrument) may \)e sold onc or more times without prior notice to OorrowC1. ^ snle may result in a cllang.e in IUC entity
(known os Illc ~Lolm ServIccl''') thaT Ct)flceUllllonLhly payttlcnls olle !1fuler the Notc and lhis Security Instrument. Thcre
also may be one or more ch.mgcs of the Lo:m Serviccr uurelatetl 10 .1 sale of the NOle. if there i.$ rt dtrm&c of the Loan
Servicer, OorrO\vcr will be_given wriltel1 nutice of the chnngc in accordance witll p;lfagrnph 14 ilbovc .mrl applicnblc lilw.
The nocice wUJ slate the Ililme nlld :ldtIrcss of the new Loiln Serv[cer anti the at!dre~ to which pnYlllel1ls s]!o\l]d be 11)..1de.
The notice wHl also contnin any other inforinatioll rcquired by applicaille la,v: ,
20. lI:,zal.dous Substnnccs. Dorrowcr shallllOt cause or permttlhe presencc, use. disposal, storllgc, or rdense of <IllY
lla'lardous SUUSlnnCC.'i 011 or in thc Prof/erly. _Borrower_ shall not do, nor aLlow anyone else to do. nnything affecting the
Propcn)' tlto\! is in violation of nny Environmenlal L.1W: The preceding Two sentenccs.$haH not npply to Lhe prcsence, \Ise, or
storngc on Ille Propeny of smail quanlities of l1a:z:anlous SubstnneC$ lhat nrc genernHy recognized to be nppropriilte \0
llormlll residential use$ ,md 10 maimeOMee of Ihe Property.
Oorrower shall promptly give Lender written notice of nny invcsligation, claim, demand, lawsuit or olller aClion by MY
governmenLal or regulatory Clg.cncy or pdvate pany involving the Propcrty and any Hazardous Substancc or Environmc:lltill
Law of which Borrower ha$ actual knowledge. ]f narrower learns, or is nOlined by any governmenLal or regulnlO_lJ
authorilY, that any removal or other remediation of any ll<J.Zardou5 Substance arrexting tue Proper-t)' is necessary, Borrower
shall promptly take ..'lil ncccssilry rcmedi:ll iletions in nccordllnee with TInviromncntnl Law.
As usetl in this [laragrOlpll 20, ~llazardmls Subst<lllc_cS~ arc tho~e su!>.slallccs defilll:u_,~S lox.i_c or l}lLl.nrlious:suuitnnces by
Environmental Lnw nnd the following, subst<lllees: ~l;lsoline, keroscne, olher namlnnbl~ or LoxJe petroleum producls, toxic
pesticides and herbicides, vol.ltile SOlYCnIS,_materlals containing asbestos or formi'tldehytle,_ iJolld 11l9ioactive mnlcrials.. As
used in this parag.rl'lph 20, "Envirollmcntnf Law" means federal laws ant! lnws of the jurisdiction where the ProJlerty is
located that rclate Co health, safely or en'v'ironmclit~1i protection. - -
NON.UNlFORM COVENANTS. Oorrower and LctJder further covenant and agree as foHows:
'21. Accclerntiollj Hcmcdics. Lender shnil gIve notice. to norrowcr prio!' to ;)C'CclcruHon foHowing Borrower's
urcnch or .ony coveJl:lut.Qr uGt'c-cmcnllu this Security Instrument (hut not prlOl. to aeecleni[Iou uudcr Imrngrnph 17
unless appl1enb'le law provld~ o(herwlse). Lender shall noUfy norrower of, among OthCl' thlllGs: (n) (he dc!uultj (1))
the action required to cure the dc:fnultj (c) whcll the der.tolt must uc.curcd; nnd (d) tImt railLJrc to eure the dcfuu!t us
specirrcd may rcsult in ncceleration of the sums secured by t11ls Security Instrumcnt, foreclosure by Judicial
lU.occctllt\{; aud s.\lc. (ll' the Property. Lcnuc.r shull l'\Il.ther inform UOlTowcr or the rit;llt to retu.slate ufter nccelel'lltlon
and (he rl{;hl1o assert ill the foreclosure proceeding the nOIl-cx]stence of 11 c.lcfmdt or nny other del'ellse of Borrower (0
acceleration nnd rored05ure. If the default is nol em.cd as speclfledj Lender at it's option may require hl1ll1edintc
paymcnt ill full of all lilllllS sceUl'cd by this Security Instrumcnt without fur{!lg;r denland_ aud may foreclose this
Securlly Instrument hJ' jlJtlici;lIIH'(U:ccdiu~. Lendel. slmll ue cntitled to collect nH expenses in-currcd ill pur5uiu~ the
I'cmedies provIded in th~s tl<H.agl~lph ZII Inc.lmJiu&1 hut nul ilmitcd to, nllol'llcys' fees .md costs of title evidence to
tin: extcnt jlcl'lIIHlctl by Hlll'ticahle IllW.
tDl'AO) 1:L{I)7
Boud433 rm .671
Funa JU.\? (IN'!:/;' 01 vI :J tHlJ.:/;'~J
-~....---+--._----- ._~-
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, .
ORIGINAL
21. ~Relcasc. Upon payment or all sums secured by this Security Instrument, Ihis Secu(ity Instrument iU1(j (he cstalc
conveyed sh...U tcmlbl...tc ""nd become vatd. Arter suc.h occur,rCllCC, Lemler !olmll dlscharg.e and SMlSCy lids Security
Instrumenl without charge la Dorrower. Darrower shnll pOly Oll1Y recordalion coslS.
23. Waivers. narrower, (0 the e);,(enl permitlcd by npl'lieable ]aw, waives and release; nllY error or defecl in
procecuing.s 10 cnforce this Security Instrument, <tne! hereby waives Ihe bellent of ;my present or fUlUrc lnws provlc.ling for
st;\y of execution, c.r.tenslon (If timc, excmption feom aU;l.ChmCnl, Icvy ...nd !oatc, :\nd hOmCSlC;l.d c.r.cu.ption.
24. Reiustatemenf Period. narrower's [ime [0 reinslnte provided in paragraph 18 ShOll! extend 10 onc- hour prior to
the commeneemel1l or bid,ding:H II sf.ledfr's snlc or oJher salc purSUtlllt 10 Ihis Security InS[fUmeilC.' '
:25. )5u1"chnsc Money Mortgng'c. if:my of the debt secured by this Securi'ly lnslrumcnt is lent 10 norrower to lIequirc
litle t(l the Peoperly. lhis Sccurlly'lnslrument sh:tU be a purchase ltllil\e)' mor(gagc. .." ,
20. -llltcresl Rule Ancl" .Juc]glllcUl. Borrowc.r ngrccs lll.a! the Interest rate payable ilOcr il jlltlglllenl is cnlcreu on the
Note or jJl an <leliou or 1l10rlgilgc foreclosure 511al] be the mlc jlOlYllole feorn lime 10 time under the Nole.
1.1. "Riders io t\lis SCt:l1rlt)' ll~strument. If one or mo-re rideT; arc executed by. Uorro-wer nnu rceo-rucd to~clhcr with
this Security Illslrurncnl. the COVCl1.111IS' nncl nsrcemellts of cnell sueh rider sfla.ll be incorporated into iUld SlHll1 amend and
supplcment lhe covenants Olllt! agrccmcJlts of this Securily lns'trumcut :is if ebe filler(s) wcrc a part of this Sccurity
IIl$lrUllleu[, ,
[Check nppliC<lble bO>(I:3)J
o Adjustnble ReliC Rider [j Condominium Rider 0 t-4 ~<Hllily Hider
,r.i!.:',\
J
o GrOlduiltcd P:lymcllt Rider
o 13:11 [Don Rider
IJ O,lIer(,) l,p~cirYJ
O"Plnnncd Unil Dcycl(ljllllCm Rider
O'Hale Improvemcnt Ridcr
o I3iwcckly P.1YI1lCJ]t Rider
o Second Home Rider
Wttncs~cs:
13Y SIGNING BELOW, norrower acccpts <liuI agrcc.s [0 {lle Jcri'IlS cOlltaincd in this Sccuiily instrumcllt OIud in any
ridcr(s) cxccuted by Uorrowcr O\l1d recorded with il.
: .. ~ rI<\)Q
~ '1;^){Wl~I'D; .'-~ -:...
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.Oarruwer
P(lI~6 uf6
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COiVIMON\YEhLTI~ 01- Pl~NNSYLVANIA, CUMBERLAND Cuunty ss:
On this, [hc 19TH dOiY of FEO'RUARY, 1998: before me, the liudcr..signcd orliccr. personally nppearcd AIIMllD
DARWICHE AND SHARON Y. })ARWICI.m known to me (or s<ltisfaecorily proven) to be the persoll(s) whose-
name(s) isfare su.bscribed \0 \IH~ wilhin instrument amI ae\(.nowledg.cd \h~t THEY c)I,Ccutcd the samc (or 'U\C p\\r)lO$CS herein
conlilined.
IN WITNESS WHEREOf, lllereunto set my h.nd nod oinci.1 scnJ~ ~+
NOlorleJSool
Jan Bl).~1)l)~ Notary Public
H13mpdon Twp,. CumborlElnd Counly
My OQ01I'l\\:l~\cn Expjros May 28. 200i
M~ll"\tl~l.l)\l,hlll\'lvlt{llJ, ilJ,sQctat!Ql'I ot Null\l(ls
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.oooK1<133 PAGE En
stcunSD LMD 'TRANSFERS me,
P~16C69g~
MJllt ,t11'1\0) 12.191
t'ENNS\'l.VI\NIA FormJOJ~ !!l90 (pll~d of j JlagC11
II:'~'~"'-"-"
,
"
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,LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land'situate in North Middleton
Township, Cumber~and County. Pcnnsylvan~a;. bounded and described
in accordance with Plan of La}c.eview. Heights Plan No.3, ree-o-rded
in the hereinafter named Reco'rderl s' ,Office in Plan Book 9. Page
5"0, a-s follows: '-,' , ';' .~,.,." ..,l,:~,:'..: \ ,~,',. ,'r, .
\
"':~....--
BEGINNING at a point on the, western line of Lakeview Drive at
the dividing.line bet.ween Lot No.' 1 as shown'on the 'above
mentioned Plan No. 3 of Lalceview' Height's and-- Lot No. ~ - shown on
Plan of Lakeview Heights recorded in Pl~n Book No. _ 7, Page 31;
thence from said point at the place ot BEGINNING 'along said
dividing line, North 78'degrees 45 minutes West, a distance of
174.2 feet to a point on the eastern line of Lot No.2 as shown
on 'Said Plan No. 3- 6f Lakevi-ew Heights; thence along the eastern
line of said Lot No.2, North II degrees lS minutes East, a
distance of 7S'feet to a point along the southern line of 33 feet
wide Darr Aven~e; thence along the said southern line of 33 feet
wide Darr Avenue, South 70 degrees 45 minutes. Easel' a c:1istance of
127 feet. to a point; thence continuing "along the s.outll'ern line -of
said 33 feet wide Darr Avenue -by a curve to the right ',to a point
on the western line of said Lakeview Drive at the Place of
BEGINNING.
BEING all of Lot. No.1 as shown -on Plan NO.3 'of Lak.evi~w
Heights recorded in the hereinafter mentioned Recorderls Office-
in Plan Book No.9, pag-a 50.
The wi~nin conveyance is subject to a 30 face building set
back line from the southern line of Darr Avenue as shown on said
Plan No. 3 of Lakev1ew Heights.
BEING THE SAME PREMISES WHICH Dolores L. ,Gibb and, Miles ll..
Miller, Exec-utors of the Last Will and ''testament o'f Dorothy G.
Miller;' by D..ea dated July 3l, ~9B9 and recorded August B, 1989'
in the Recorder of Deeds Office in' and for Cumberland County,
Pennsylvania, in Deed Book 34-C, Page 328, granted and conveyed
unto Ahmed Darwiche and Sharon Y. Darwiche.
il
\ ........
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Sl<l.I~ o! Perln5ylwHl(;) \ 86 . : ,~.{'.,;.,~... '''~.:::'''''~'l ~!l:~r.~....l~
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COlIll\V a( Ctlmbr,r,i1nO d' of Doad:;:, ; . ."1' . ,....'~~,...l)~ "JC~ if
Bee 1.1~rJ. il~I\'\?ti1J C(fh~e (or lho rocor 100 ' :'{"": ...::,~ :f.;r ;!jH~!'t<1(:-'J.l~I~~:\'f.i::..~/.
,'I ~ I 1),:r1,)nd Count)'. CI m.'.... h,' .' ">p':..;t~t~/IJ'1l'l ~j:.J('''''''''''l''
ect \ Illu' P 7 ' ). ;;r.,~ ~~ij:I{{ l'" t! '.,;' .'
II~' no ~ ~ _Vol _ a I' '. :il,' ~il;'~J~':!"~l,1~"'':'':'
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) .."-...-- - - ~ OMB No. 2502.026~
,A.., . .' U.s. DEPARTMENT OF HOiJSi.lNG and URBAN DEVELOPMENT
SETILEMENT STATEMENT c lITLr:PfiO
Lasarprinl
SECURED LAND
TRANSFERS, INC. ,
B. TYPE 0):: LOAN
3800 Market Street 1.[ JFHA 2. [ 1 FMHA 3,):( 1 CONV. UNINS.
Camp Hill, PA 17011 4.[ (VA 5. [J CONY. INS,
6. FILE NUMBER: I 7, LOAN NUMBER:
Phone: 761-7744 10898,2 6827489
8, MORT. INs. CASE NO.:
... " ' ,.
C, NotE; This form is fumishod to givo you a statam(lnt of a~ty-al setUomont costs. Amounts paid to and by the sattlemQnt agent are shown, !lams mc:ukod
'(p,o.c.)' were paicf:outside the closing; thay are ~h~wn here for lnformational plJrposos and an~ not included in the totals.
D. NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SEUER: F. NAME AND ADDRESS OF LENDER:
Ahmed Darwiche PHH Mortgage Services
Sharon Y. Darwiche - Corporation
6000 Atrium Way
Mount Laurel, NJ 08054 '
-
G. PRi5l'ERTY LOCA"T\ON: H. SETILEMENT AGENT: I. sETILEMENT DATE:
Lot 'No. ~
~OO Darr Ave. Secured Limd Transfers Inc. 02/~9/9B
North Middleton TOWNSHIP, PlACE OF SETILEMENT:,
CUMBERLAND County 3800 Market St. , 'Camp Hill, PA ~7011
J. SUMMARY OF BORROWER'S "TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION:
100, GROSS AMOUNT DUE FROM BORROWER ofoQ,GROSS AMOUNT DUE TO SELLER
101, Contract sales price -lot.Contract sales price
102. Personal property 402.Personal property
103. Settlement chargos to borrower (line 1400) 63l~4.52 403.
104. 401.
105. - , 0105.
Adjustments for items paid by seller in advance Adjustments for items paid by seller in acivance
lOG. CHyn:!-:>wn tax to .c06,Cityrrown laX to
107. County ~_ax 10 -lor.County tax 10
loa. A560~Sm13nts " 10 , , 4GB.Assossments 10
109. school 10 " >l09. school \0
110. , \0 410. \0
-
111. 411.
"
1'12. .. "2-
120, GROSS AMOUNT DUE FROM BORROWER 63114.52 420.GROSS AMOUNT DUE TO SELLER
-
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 600, REDUC'TIONS IN AMOUN"T DUE TO SELLER"
201. Deposit or earnest money sOI.Excess deposit (see instructions)
202. Principal amount of new loan(s) bl:lUUU.UU 5o:.Sett1ement charges to saller (lin~ 149?-)
<03, E)(jstmgloan(~) taken subjoct to . 503.Exlsting _loan(s) taken subject to
21H. - 5o~,Payolf.~f First Mortgago .Loal)
, , I.
, '. .. .. ~_ T _ '.^l ,.
205, s05.Payoff of Second ~oftg?-g~ It?~t) ..
" --". ..,..' ," "
-ZOG. 506,
207. , S01.
206. 508. ,
209. - so~.
Adjustments for items unpaid by sellar Adjustments for items unpaid by'.ssJler
210. C[tyrr~wn_lax to S10.Cltyrrown lax to ,
211. County lax to S1 t.County lax. to
-2:t2.Au.Qs'iomants 1.0 Stz.A$-sGssmants 10
2. t3. sclwol (0 513. School 10
Zt<l, 514.
215. -- , 5-15.
ZtG. -- - 5Ui,
2\7. S\7,
218, - , 5t8.
2111. .,', .. 519.
. ,
220, TOTAL PAID BY/FOR BORROWER 68000.00 52a."TOTAL REDUC"TION AMOUNT DUE SELLER
300, CASH AT SETTLEMENT FROM OR TO BORROWER .aa,CASH II.T SETTLEMENT "TO OR FROM SE.LLER
301. Gross amount due from borrower (line 120) b,;ll4.b~ .al,Gro.s amount due to seUer(lin'-420)
""2- Le.. amount paid by/lor borrower (line 220) 68000.00 Goz.Less reduction amount due salter (line 52.G.)
".,
303. CASH ([ ] FROM) ([l1 TO) BORROWER -4885.48' .00.CASH (IX! TO)' ([.] FRO",) SELLER 0.00
"
.....\ "''-'!~.... , ," '" . EXHIBIT
"
i G
- j
Buyor or Borrowor's Sl)malurr;:t .. ----
._.~,------.~_.
,--.---- ..~-------~-_._--,_.+_._-........,_...~...--,--
.__._~..-....-..~---...- -..-.,. '~=<"
-' ~' -,
L. SETTLEMENT CHARGES ~08982 PAID FROM PA/D FROM
~ SELLER'S
700. TOTAI:-SALES/8ROKER'S CO~MI$SION based on prlc.:$ 0.00 BORROWER'S
" FUNDS AT FUNDS AT
Division of Commission (line 100) as follows: Total: $0.00 ,........
701. $ 10 u
702. $ to
703. Com!TIlssion paid at Settlement
704. PaYbff' s , See Addendum I 972.91
800. ITE.M~. PAYABLE IN CONNEc"[lON. WtTH LOAN - " "
80 l. loan_ 9ril;;lination Fea .250 % PHH Mortqaqe Serv~ces 170.00
802._ Loan piscount % ,
803, Appraisal Fee to ,
B04. Credit Roport to
B05. Lend~rs Inspection Fee - , '
80'0. Mort~,~ tnsuranC_0 Application Fae to m , ,
- - ~- '_T-
807. Assumption Fee - ,
808. Tax'Serv PHH Mortgage Serv~ces 50.00
809. Floqd Cert ,,' PHH Mortqaqe Serv~ces 22.50
a 10. App-l Fee REMR (S300. OOPOCl
811, Underwr:cte Real Estate Mtq Resources 2.25.00
900. ITEMS REQUIRED 8Y LENDER TO 6E PAID IN ADVANCE
901. Interest tram 02/24/98 to02/28/98 @$ .13.51lday 67.55
902. Morl'1age lnsuranco Premium for mo. to ,
903. Hazard Insurance Premium for yrs, to
904. u yni.\o , ' "
905. Mtq Fee PHH.to REMR ($795. POC)
1000. RESERVES DEPOSITED WITH LENDER FOR ,
lOOt. Hazard Insurance mo.@$ Imo.
1002. Mortgage: Insuranco mo.'@$ Imp. ~- ,
1003. CityrrC?~n tax mO,@$ Imo. "
1004. Countz..~ax mo.@$ Imo. ,
1005, Assassmen\s mo.C$ Imo. ,
1005. 'C. - - mo.~J; ,. ~ /mo.
1007. - - mO..@:_$ _ Jrno, , "
1008. - - rno.@$ __/mo. . ..- , .:':':~",,;.,'
1100. TITLE CHARGES . - ,
\ 101. SoHl(>ment or closing fea lo ., "
1102. Abstract or title search to . , ,
1103. Title examination to ' '
1104. Title insurance binder 10
1105, Document preparation to ,
1106. Notary i~9S 10 ' Cash 5.00
1107. Attornoy's fees to .
(includes above i\oms No.:) " [t*kM~':~;~:P.M"'::::<:'<::::' :' ;.~.,,~' "
'.. '.m.,.. u ....:,. , .... .. '.:{,'~:
1108. Title Insurance .10 ,..Secured Land Transfers 639.08
(includ~s above items: No.:) Ends. 100/300/900/RI
1109. lender's coverage $ 68,000 - "
1110. Owner's - coverage $ , ,',' -
1111, Ma~l . Fee , ~ .--'" secured Land Transfers 22.00
1112. Ma~l Fee " Real Estate Mtq Resources 50.00
1113, '97 'School Rob~n K. Sollenberger 1094.76
1200. GOVERflMENT RECOROING AND TRANSFER CHARGES
1201. Recording fees: Deed $ Morlgage $ 27.50 Misc. $ 27.50
1202. City/county ta~stamps: Deed $ o . 00 Mortgage $
1203. State t_a::<(stamRs: Dead $ ,0 . 00 Mortgage $
[204. '97Cty/Twp Tax.Clalm Bureau 307.49
1205.' 98CEy/Twp Ro~n K. Sollenberqer 279.26
1300. ADDITIONAL SETTLEMENT CHARGES .
\301. Survey 10
1302. Pest. Inspection to , - , ~
1303. Mtg Payoff, York Federal Sav~nqs 57554.77
1304. Mtq Payoff Dauph~n Depos~t Bank 1507.78
1305. Wt/S:t:;.1/2/3 Carllsle Surburban Auth 118.92
1400; TOTAL SETTLEMENT CHARGES (ontor on lines 103 and -602, SecilotlsJ and K) 631~4.52
II ". DEPARTMENT OF HOUSING AND URBAN OEVEI -:-oMENT
- SETTL>EMENT STATEMENT [' i
:OMB No. 2502.0265
.
Page 2
PartlDlJ .Ilg((io thai no Ilabilily I;. 4$JOumod by SotUornont Agotl.llor Iho IIccuracy ollnlormalion IUlOisMd by olhors. as shown on Iho HUD-1 SoUloffionl Statomonl. Salllgrnonl Agonl horoby (IXpUJSlOIy
IQSOlVoslho right to doposll any amounts colloclod lor disbursomonl in an In10ro$1 boarlng accountln a Fodorally msurod Insmulion and to credlt any lnloro_sl $0 carned 10 ils own accOunl as addilionl11
componsallon lor illll sorv/co.. in Lhls transacllon.
. HVD CE.RTIF1CA,TION. OF BUYERS AND SELLERS
Y rQwawo-d-t - . -1 Sottlomont Statomont and to tho besta! my knowledgo and belilaf, It 1s a lrUQ and accurato $tatGIl1Qnl of alt ro'Colpts and dlsburiQmonta
count by m in \hI \r ~. (utthar cOlmy that ~ havo rOC-GNarl a copy of to\) HUD.l Sotllomol\t S\alomonl.
Guyor or Borrowor's Signalure
lluyor'sAddtO$l5.& Phone:
SOIlOf'sSlgna{uro
Sollot"$ Now AddfOSS &. PhOOl:l:
/0'
ad or will caU$El tho funds 10 b(t disbursod In aCCQtdanee wilh this staLemeNI.
~ jet CU'
8olUomonlAgllnl
WARNINq:.!1 r!~ ~~imo to k!lowinfllv m'l1cn l.~l"'n I'ltll"""",,I..!.. \h~ 11~:O~' ""~'-~ ~~.. .
Oallll
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.
ADDENDUM
Ahmed Darwiche and Sharon Y. Darwiche
File # P-~08-982
February ~9 ,-~998
ACCT#
ClOD
98809
80603
7~75828390~89
46652~9D5l37
534247074~
CL0003~2
577287
';/j;.
,'~'l
'~. ,
,....
CREDITOR
Small Animal Clinic
AMOUNT
- $ 51. 00
uSentinal
25.00
North Side Vet.
Uni t-ed Telephone
Great Lakes Collection Bureau
66.02
~53.00
365.56
PA Power & Light
88.83
Peerless Credit
~56.00
Credit Plus Collection Servo
67.50
TOTAL
$972.91
-'
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.E____._._
THIS DEED
, rcL-cYI- ;ul :r7/-1' It'" cJ
,
MADE THIS
~
I 1998, between
. ',' :-.-' ,
day of ~./
SHARON L. HOFFMAN now marriod
GEORGE MOYE, wi~Q and husband,
pe.nnsylvania,
and known as Blll\lWN 'L; MOYE' and
,of I Sherwood Road, New,~umberland,
.- ,'I -I:
GRl\NTORB
AND
,",.
. I. ~ ' ~ ' :!;\:
AHMED D. DARWICHE,
Pennsylvaniar
individual, of Mt View,l ,~oa~, " Mechanicsburg,
i",
GRl\NTEE
.... . '.. .
WITNESSETH, that the' Grantors; for and'i1l considoration of ONE
HUNDRED FIVE THOUSAND DOLLARS ($l05,OOO.OO) ,lawful money of the
United states of America" te, the Grantors in hand well and truly
paid by the Grantee; at or before the sealing ,and delivery of these
presents, the receipt- whereof '. .is" here.bY"r.ackno~ledged and the
Grantors being therewith. fully', satisfied, . do ,::hy ..these" pr'esents
grant, bargain, sell and convey ul)to the .~li~n;tee'I~c;>re'{eF' his hairs
and assigns: ,'!'::" "" ~ I '~~'."~~' ,,' .
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ALL THAT' CERTAIN house, and ,lot: of grouncL"'~tua..te i1', t,he 'Township of'
Upper Allen, " County. of" Cumberland, and,I, state of. _' Pe.nnsylvania,
bounded and' d'cscribed ,as- follows .t'o\:wit';' ,,:.',. I<'~"'~ :~:.:../:;<l,:'.':~,. ; :!.. ":~:'"'"
BEGINNING at a point in ,the eas,tern line of 'sp'ring 'RU~ Drive, 'sil'ty
(GO) feet wide, which said point is in the division line between'
Lots ,Nos. 24. and 25 on the hereinafter. mentioned Plan of Lots;
thenc,e 'extending along the division line... between -L'otS';Nos. -24 'and
25 on. said Plan, South" eight:i :(80), de,9re~s, ':'fif;ty '(50)''', minutes
forty-eight (48) seconds East, one hundred'thirty' (130)" 'feet' to' a '"
point; thence extending, along the ,line, a:f other, land now or
formerly of Paul .T. Shearer, and Violena: M. Shcarer~"'hfs"'wife, ;'o'f'
vlhich this is a part, 'the',same _b-eing 'also the center line-'.of
twenty-five (25), foot, wide, utility; ~!,-!,.erqent, "so',l.tll'; "ive (05)
degrees nine (09) minutes ,ninetee.n (19),'. ~econds'.'West~"~'seve:nty-five
and twenty-nine hundredths (75.29) feet'to a point"at corne.r of 'Lot
No. 26 on the hereinafter. mentioned Plan of Lots; thence extending
along the division line betw~en ~ots NO$. 25.and 26 on said Plan,
North eighty-eight (88) degrees fifty (50) minutes thirty-three
(33) seconds West, one hundred thirty (l30) feet to a point on the
eastern lrfie-oL Spring Run Drive, aforementioned; thence extending
along the eastern line .of 'spring Run Drive in a northerly
direction, by the arc of a circle curing to the right, said curve
having a radius of six hundred seventy (670) feet, the arc distance
.,\.
DaOK 174; PAGE 577
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EXHIBIT
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of ninety-thre.e and fifty hundredths (9:3.;>.0) feet to 0.' point in the
divisioJ;,l line between J.,ots Nos. 2-4 and 25 on the hereinafter
mentioned Plan of Lots; 'first above m~ntionedr ut the poi~t und
Place of BEGINNING.
HAVING thereon erected a single family, ,frame cape cod style
dwelling house.
BEING Lot No. 25 on the plan of SPRING RUN MANOR, section Two,
which said Plan in recorded in the cumberland County Recorder's
Office in Plan Book 27, Page 32.
BEING the same premises which Robert F. Alston and Phyllis A.
Alston, his wife, by their dced dated August'7, 1981 and recorded
in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania on Aug~st~io, 1981 in Deed Book N 29, Page 130
granted and conveyed unto, Sharon L. Ho-f-fman now rnal:rico._ a_nd known
as Sha;l:o_n L. Moye.--- The. said Sharon .L. Maya is joined by her
husband Geo~ge Moyc and together th~y are the Grantors herein.
UNDER AND SUBJECT.. NEVERTHELESS, to easements,' conditions ~and
restrictions of prior ~ecord pertaining to said premises.
'I'OGE'l'nER.. with Ell-l and ~__ingu1.ar the buTld'ings, improvements, ways,
woods, waters, watercourses, rights, libertie.s,' privileges,
hereditaments and appurtenances _to the same belonging-or. in anyway
appertaining i and the reversion and reversions, remafnder and
remainders, rents, issues and profits thereof, and of-every part
and parcel thereof; AND ALSO all the estate, right, title,
int~rest, use, possession, property, claim and demand whatsoever of
the Gr~ntors both in l~w and in equity, of, in and to the premises
herein described and every part and parcel thereof with the
appurtenances.
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TO IlAVE l\ND TO nOLD all and singUlar the premises herei.n describ"d
together with the hereditaments and appurtenances unto the Grantee
and to the Gra~t~e's proper use ,and ben~fit forever.
AND TilE BAlD GIU\NTORS, do h"reby'warrant specially the property
hereby convey"d;
IN WITNESS W)IERE01!', the Grantors have hereunto
seals th~ d~y and year first abov~ m~ntioned.
set-theIr hands and
BOOK 174 PAGE 578 -
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signed, sealed and delivorc~
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COMMONWEALTH OF ,PENNSYLVANIA
COUNTY OF (]a/:l!~
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(SEAL)
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On this, the 3:1d - day of ~ ' 1998,
before me, a notary public, personally appeare Baron L. H~,!,f.Jl1~llm;,"""
now known ~s Sharon L. Moye and George Moyo, known to\.;,:}U~I~le.4J~a?'it~t::{:'
satisfac~or~ly proven to be the persons whose names are suq~~~~~d~~~~~'
to the w~th~n deed and acknowledged that they executed thel;s.~,.,._~~~;j:bAI~~.~~......
the purposes therein containcd~ ~r~~~I,1~~~~1~r%:
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~ WITNESS, II}Y hand and notarial e day 0n year a'I'Jgyf' .~t;.h~~~.r:;':~t\~4rlg
NOTARIAL SEAL 'Iii. " filJll~~'\1t'<f.ltf(;:
CHRJSTINA L HERSHEY. Notary Pub11a I '/t.,.I' h ,.......a;\~5':<'tii .t:~f
CMlpHIlI.CumborlandCounty ... NOTARY PUBLIC
Commls3Ion.Ex lros A I t6, :2001
My Commission Expires:
The undersigned certified that the
post o~fice a4dress of the Grantee
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SECUl1ED UNO TRANSfeRS I NC.
,~ P~IIO?00
r~sidencie and complete-
boox 174 PAGE 578
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COMMONWEALTH OF PENNSYLVANIA
C>.J",\,jt:- \fi-,6 .
ss
COUNTY OF
RECORDED
199811~n the
7~
Recorder's office of
, Page 5"71
of App,:1
said Gount\,
this
day
the
on
in
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Deed 1300)<
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Given under my hand and the ~cal of the said office the day
and year aforesaid. ~~ r ~
RECORDER
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DISSINGER & DISSiNGER.
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;:.: ~:-cr:':i)::1 or DEEDS ~
1,1iMHE!lL:\110 Call1ny-pt.
>rttp-~'fo"~ ~ -As'
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~ A J}/(1P.l.1 a- (
ORIGINAL
Loan No. 7536667
MORTGAGE
10- 7-'1'1 )
THIS MORTGAGE (nSecurity Instrument") is given on MARCI'I 30TH, 1998. The mortg<7lgor is AHMeD.
D. DARWICHE (nBorrower"). This Security Instrument is. given to PHI[ MORTGAGE SERViCES"_
CORPORATiON, which is organizcQ and existing under t[le laws of NEW JERSEY, and whose nddrcss is 6000
ATRIUM WAY, MT. LAUREL, NEW JERSEY 08054 (nLcndcr"),' Borrower .owes Lender the principal sum of
NtNETY NINE THOUSAND SEVEN HUNDRED FIFTY AND 001100 Dollars (U.S. $99,750.00). This debt is
evidenced by Borrower:'s note d<7lted the same datc as this Security InstrumGnt ("Noten), which provides for monthly
payments, willi clle full debt, ifnot paid cttrHcr, due and payable on APRIL01ST2028. Tl1JsSccudty InsInimcnt secures (0
Lcmler:,(a) the repayment oCthc debt evidenced by the Note, with interest, and alt,rencwals: extensions and modifications of
the Note; (b) the payment of all other sums; with intercst, advanced ,under paragraph .7. lO. protect the security of this
Security Instrument; and (c) the performance of Dorrower's covenants and Clgrecmcnts under this Security Instrument and
the Note. For this purpose, Borrower docs hereby mortgl'lgc, grOlnt and convey to Lender tl~e following desc_ribcd property
located in CUMBERLAND County, Pennsylvania;
BEING MORE PARTICULARLY DESCR~DED ACCORDING TO.A LEGAL DESCRI~TIQ~ ATT&CUED
HERETO AND MADE A PART HEREOF.
BEING COMMONLY KNOWN AS 2205 SPRING RUN DRIVR.
BEING THE SAME PREMrSES CONVEYED TO THE MOR1QAGORS HEREIN BY DEED BEING
RECORDED SIMULTANEOUSLY HEREWITH; THIS BEING A PURCHASS MONBY,MORTGAGE
GIVEN TO SECURE THE PURCfmSE PRICE OF ,TIlE ABOVE DESCRIBED PREMISES.
PREPARED BY, d(jJriJ g)J)~~ifllh GiJ
TRACEY MORITZEN
7
which has the addrcs~,?f?t.05 SPRING RUN DRIVE, UPPER ALLENr Pcn.nsylvania 17055 ("~roperty Addrcss")
. " " . ~': "'~ ,." L
TO013.THEtt:;WITH aU the improvements now or her.eafter erected on' the [lroperty, and all casel1lCnti,
41ppurtenances, and fixtures n"ow"or herenner 41 part of the property. All replacements nnd ndditions "shl'lll 411so be covered by
Ihis Security Instrument'. AU of the foregoing IS referrc(] to in this Security instrument n.s Ihe nproperty,n
nORROWER COVENANTS lhil.t Borrowcr is lawfully seiz.ce.! of thcCJitate hereby convcyed and h<ls the right to
mortGage, grant and convey the Property ane.! that the Property is unt;ncumbered. except for' encumbrances of record.
Borrower warrants and wiJ( defend gencrOllly the title 10 the Property OlgOlinst aU c1nims nnd demands, suhjcct lo. any
enCUmbCil.lleeS of record.
THiS SECURITY INSTRUMENT combines uniform coVenil.l1ts for national use and non-uniform covcnants
with Hmitcd variiltions by jurisdiction to' con~titule a unfforil1~sceurity inslrument covering real properlY.
PENNSYLVANIA . SlnglD Famllv. Fllllnlc Maa/FladdlD Mae UNIFORM INSTRUMENT
3032 {DPAOI 12(91
"~uK1442rAGE .518
Form JOJ~ 9/90 (pllg/1 t or 6 p.gasJ
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UNJl'ORM COVENANTS. Borrower Ollld Lender COYCTlaJl1 and i1J::fCC as follows:
1. l)nymcllt of l'riucil>al and lulcl"cstj Prcp:lYlil-Cl.lt !lnd Lute Churges. norrower .$hnll promptly pay when oue the
principal of and intercst on the debt cvh.lcn~ I;y the Note and any prcp.,ymcnl and late charges due under lhe Note.
1.. Funds fo.Taxes and hlsurancc. SubjC(;t to npplicablc law or-to;l written waiver by Lc:n~cr. Borrower :illall pay to
Lender on the day monthly p41Y1ncl1ts arc duc under the Notc, uucH tbe Nole i~ ppid in full:'.. sum (~Funds") Cor: (a) yearly
taxes and assC$sments which may attain priority over this Security In.trumcm ~s a lien on Ute ProperlY; (b) yeady leasehold
payments or srounu rCtlts on thc PropcrLY, if imy; (c) yearly hazard or propcrty insurance premiums: (d) yearly nooc..l
insurancc'premiums, if any; (e) YCi'lrly mortgage insurance premiums, if any; amI (0 any sums payable by Uorrower, to
Lenoer, in accordancc with tllc provisions of paragraph 8, in lieu of the paymclIl of Illortgqge, insurance prcmiums. These
items aTe called "Escrow Items.." Lender may, at any time, collect anti hold Fumls. in an amount nolto exceed the maximum
amoull1 tl lender for it fcdcr<llly rcl<1lcu mOrfg~gc 10"U1 may requlre for Dorrower's escrow account untlcr !he fcdernJ RcnJ
Estate SeLLlemCJlI Procedurcs Act-of 1974 as amended from time;o timc, 12'U,S.C. !i lGQl t:l scq. ("RSSI~A"), unless
ilIlQt!ler law that <lpplics to t[le Funds sets a lesser amount. If so, L.cnder may. at uny time, collect "llq. hold FUtlUS in au
..moulll not [0 exceed lhe lesser <1mount. Lender m~y cstimate lhe .tmou1ll of FU11ds due on ,11C basis of currell! dil!il ,l1lU
reasol1Clble estimates of expenditures of future Escrow Items or otherwise in ::lccordanee with ::lppl!c.1.ble law.
Thc Funds shall be held ill .an Institution whose deposits Clre insured by a federCll agency, instrumellt::ltity, or entity
(im:fuuillg under, iC Lender is such 011\ institution) or in any Fec..lCJ'<.1( Home Loan Bank. Lemler shall Olpr1y (he [+'ul1d~ 10
pay the Escrow Items. Lender may nol eharsc narrower for holding and Clpplylng the Funds, allnurllly allaly:c.ing the escrow
account, or verifying the Escrow Items; unless 'Lender. pay:s norrower interest on the Funds .and applicable law' perlnl[s
Lender to. make such n charge. However, Lender may require Borrower to pay a one-time charge for an independent rea!
cstntc tM reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an
agreement is made or applicable law requires imercstlo be paid': Lender shall not be required 10 pay Borrower any interest or
earnings on the Funds. norrower and Lender may agree in. writing; -however: that interest -shaH be paid ol1lhe FUlius.
Lender shall give (0 norrower, without ehnrsc, nn anmial accOumin'n of the Funds, showing crcdits and debits to thc Funds
and tIle purposc ror which cad\ ueult to lhe rum!s WtlS made. The Funus arc pledged as Cludi{!onnl security Cor all sums
secured by ;hls Security Instrumcnt. . ,',' , , ., _
IC'the Pund.s hcld 11Y Lendcr excecu [he ;;unOUnL.s pcrinillcd iO be held by "pplic<tblc li1w, Lemler shaH account to
Borrower for tlie ex.ccs.li Fumls ill ilccQnlimcc with the requirements of npplic.1.ble 100W. 11' thc amount of the FUI~t.ls held by
Lender at any time is not sufncicnt 10 pay the Escrow Items when due, Lender may so notlfy Uarrower In writing, amI, in
such case norrowcr shall pay to Lender thc amount necessary to make up the dcCicien'cy. narrower ShOln make up the
deCieicncy in no more than twelve monthly payments, Clt Lender's solc ui.serc~ion.
Upon payment in full of 0\11 sums secured by Hils Security Inslrument"Lcndershall promptly rcfumIlo norrowcr any
Funds held by Lender. If, unilcr pilrilgrilph 11, LCJldc..r sJlall ilcquirc or SClll,hc Property, LcJ)dcr, prior 10 fhe ncquisilioll or
sale of the Property, Shilll ap'ply any Fl\nds hcld by Lender al the time of acquisition or sale as a credit Olgainst Ihe sums
secured by this SCl:urity Instrl1l11ent. ,
J. Application or PUJ'U1crds. Unless applic;Jole I<1W provides 01llerwise, all payments received by I-cnJcr under
parngraphs 1 and 2- shall be applied: first, to any prepayment charGcs due undcr the NeIe; seccl11d, to .Ullounts paY<tble
under parClgrClph 1; thinI, [0 inlerest due; fourth, to principal due; and last, to any [Clte chtlrses due unuer Ille Note.
4. Charg~j Liens. Oorrower ~hi111 pay all (axes, assessments, chargcs, fines and ill1p03ttiolls ;Wribulaule to ille
Property which may ilttOlin priority ove(this Security Instrument, 'and leasehold pOlyments or groullu reOls, if any.
Borrower sltall pOly t[lese obligations in the milnner provided in paragraph 2, or if not paid ill tII<I,t manner, Borrower shall
pay them on time directly to thc person owed payment. norrower shall promptly furnish to Lender aU notices of amoucltS to be
pClit!. under this paragraph. If Borrower makes these pnyments directly, Borrower shall promptly furnish to Lender receipts
evidencing !lIC pllymCnl.~~ ._ _ '
Borrower shnll prompLly discharge any llCll which has priority over this Security Instrument unless Borrower: (a)
:lgrccs in writing to the payment of the obligation secured by the lien in a milIlner acceptable to Lcnuer; (b) contC$ts in goou
fatth the Hen by, or defends against enforcement of the fien in, IcgClI proceedings wb.ich in the Lender's opinion operCltc to
prcvent the e.urorcemelll of the lien; or (e) secures from the holder of Ihe, lien :Cln, agrcementl sCltisfac[ory to Lender
subordin<l.lins the lien to this Sl.:Curity InstrulU.enl. Ir Lender determines thClt any part of the Property l$ subject to a lien
which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien-.. norrower
shall ~ali$fy the lien or take one or morc of tlle actions set Corth auove within-l0 days or the giving of notice:
S. I~uU1rd or Propel''.Y Insurance. Darrower s!lnll keep' the Improvemenu' now ex.isting or hereafter crccted on lhe_
Property i.n$ured ngainst 10$s by fir~, ha:c.anJs included willlin' the term' "extenoed coverage" nnd' any other hazards,
including noods or noouing, for which Lender requires insurancc; This insurance shall be maintained in Ihe amounts :llld
for the pedous that Lender requires. The Imuruncc carrler providing the Insur;mcc .sllalJ be cJloscn by norrower -subjcc! '0
Lender's approval which shaU not be unreasonably withheld. If norroWer faUs to. main;nin coverage described above.
Lenucr may, at Lemler's option, obtoin coverage to protect Lender's,right: in thc Property"in nCconb.ncc.\'(ith,parnsr;Jph 7.
All insur.wcc policies lli1d rencwn1: .shaU be acccptllolc 10 Lender and sllll111nc1ude n standard mortgage clause. Lender
shall bave the right to hold the policies and renewals. If Lender requires, Dorrowcr shall promptly give ll? Lender aU
rcccipts of paid premiulUs nnd renewal nOlices., In Ole event of, loss, Borrower. shall give prompt,nottcc. tOJ!l,c insurance
carrier and Lender. Lender m;"y tn<U<_c proof of loss if not made promptly by Borrower. . .
UtllClS Lender aud OOrfQWcr otherwise agree in writing, ins\J.rance proceeds shall be IIp[llicd to restoration or repair of
the Property damilged. if the restoration or rcpair is economIcally feasible and under's .security is nol lcs$cncd~ If lhe
restoration or repair is not cconolhieaUy fcasible or Lender's. security woulll be lessened. the insurance proceeds shall be
applied to the sumli secureu by this Security .Instrument, whethcr or not then duc, with any excess pOlid to norrower. If
Borrower abanclolts (he Propeny, or docs- no( answer wI(hin 3Q d<lYs <I notice from Lender thac (he insurancc carrier has
oUered to seule n. claim, Lhen Lender mny collcct the insurance proceeds. Lender may use the proccctls to repair or restore
the. Property or (0 pay sums secured by this SecurilY Instrument, w~lelher or not then clue.' The 30wday period wilf begin
when the notice is given.' .. :,." - , ' -
Unlc$s Lender and norrower otherwise <1Srce in writin&, any application of proceeds to principal shnll not ex.tend or
postpone t{IC due dClte of the monthly payments rcrerredlo in paragraphs 1 and:2 or change lhe Clmount of the p<Jymcnts. If
under parngraph 21 the Property is aCtluircd by Lemler, Borrower'; right to any insurancc policies ami proceeds resulting
from damaGe to the ProJlCrLY pdor to the <1cC[liisilion IOlu\11 p.liS to Lender to tlle el(,[Cl1t oC IIIC sums sectlrcU 1Jy thi.li Security
In.slfUment immcdiiltcly prior to tbe ucquishlQu. . .", .'
(DrAO) [2/')7
Form JOJ9 9190 (paGe 1 vI J p"Kn)
BDVd4.42rAGE ~i?19
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6. Occupancy, Prescrvutlon, "Ma1iiIcll:lllCC and Protection of (he PropCl.ty; Borl"Owcr's Lonn Application;
Lcnseholus. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within Si7.;ty days
aner lhe execution of this Security Instrument and shall'con~inue to occupy the Property as Borrower's principal residence
for at (cast one year after the date'o(occupancy,'unlcss'l..cnder o'therwisc agrccs'in'"yriting;,wllich consent:shall not be
unreasonably withheld, or unless extenuating circumstances exist whieh'are beyond Borrower's 'control. Borrower shall
not destroy, damag;c or"lmp'air'thc Properly, allow the Property to deteriorate, or commit waste onlhe Property. ,Borrower,
shall be in default if any forfeiture action or proceeding, whether civil or criminal, is beg;un that in Lender's good faith
judgment'could result in forfeiture of the Property or otherwise materially, impairftlie lien created by, this Security
Instrument or Lender's security interest. Borrower may cure such a default and reinsHHe, ns provided in paragraph 18, by
c.1usinlJ, the action or proceeding to be dismissed with a 'ruling that, in Lender's 'good faith determination, precludes
forfeiture or the norrower's interest in the Property or oilier material impairment, of the liel\ crea!~ by this Sceu~ily
instrument or Lender's ,security interest. Borrower shall also be in'dcFault if; Borroy.'cr.,: during the, loan &IppHcation
process, gavc'materiaUy. COllse or innccurate .inform;ltion or statements t9 4nder (or, fai.1.ed,t<? provide Lender with any
material information) in connection with the lo"an evidenced by the Note, including,: but not limited to; representations
conccming Borrower's occupancy of Utc,Propcrty as a principal resldencc. If this Security Instrument is on,a leasehold,
narrower shall comply with nH the provisions of the lease. If I3orrower acquires fee title to the Property, lhe leasehold and
the fee title shall not mergc unless Lender agrees to the mergcr in writing. " , ,.. " I.
7. Protection of Lcndcr1s Rig,hts In the l'roperty. if norrower fails to perform the cOvenants and agreements
contained in this Seeurity Instrument, or there Is a legal proceeding tli<lt may significantly aFfcct Lender's rights in the
Property (such il.S a procccclillg in bankruptcy, probate, for condemnalio)l or forfeiture or to enforce Jil.WS or regulations),
then Lender may do and pay for whatever is necessary to protect .the value of the Property and Lender's dghlS in the
Property. Lender's il.ctions may include. paying any sums secured, by a lien which has priority over this Security
instrument, <lppearing iri court, paying reasonable attorneys' fees and eJuering on the Property to llmke repairs, Although
Lemler rn~ take action under this paragraph 7, Lender docs not hil.vC to do so. ..
Any il.mounts disbursed by Lemler under this paragr3p(t 7.shall become additionil.l debt of Borrower secured by this
Security lllstrument. Unless narrower and Lender agree to other terms of payment, these :unounts shall bear interest from
Lhe d<e of disbursement at the Note rate and sl,Jall be payalile, with interest, upon notlce from Lender to Uorrow.er
requcsting pa.yment.
8. M011g11ge Insurance. If Lender required mortgage insurance as a condilion of mil.Jdng lhe loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any
reason. the mortgage insurance coveI1lge rcquired by Lendev~apscs or ceases to, .be in effect,. Dorrower shall pay the
premiums requircd to obtain cover<lge substantillUy equivalcllt to the t110ngnge insur.1llcc previously in effect, at a cost
substantially equivalent to the eost to Dorrower of the mortgage insurancc previously in effect, from an altema!e mortgage
insurer approved by Lender, If substantially cquivalentl110rlgage insurance coverage is not available, Dorrower shil.11 pay to
Lemler eil.ch month a sum equal 10 onc-twelClh of the Yc.ilrly mortgage insurance premium being paid by norrower wllen Lhe
insurnncc covcril.ge lapsed or ceased to be in effect. Lender will accept, use ilnd retain these payments <IS ~ loss reserve in'
lieu of mortgage iU5U!il.I1CC. Loss reserve payments may no longer be required. at the option of Lender. if mortgage
ii1surancc cover<lgc (in the amount and for the perlod that Lender requires) provided by ,m Insurer approved by Lender
agil.in becomes Olvailablc and is Qbtained. . Borrower shaU pay the premiums required 10 maintain mortgage insurance in
cffryct, or to provide a loss reserve', until lbe requirement for mortgagc insurance cads in accordance' with nny written
agreement between Uprrower and Lender or applicable law. ,~ ,.' " .';" " ,..' I
9. 1n5pee1lun. Len<.lcr or its il.g.Cllt may make reasonable entries upon <lnd illSpc~t!OllS of the Property. . Leuder shall
give Borrower notice at the time of or prior to an inspection specifying reil.sonable ~use for the inspection. "
10." Condemnation. The proceeds of any award or Claim for damngcs-, direct or consequential, in connection with any
condemnntion or other taking of any p:J.rl of the Property, or for conveyance iJi lieu of comJemnation, arc hereby assigned
and shall be paid to Lender. , "
In the event of a total taking of the Property, the proceeds shall be il.ppHed 10 .the .sums secured' by this SeCurity
Instrument, whether or not then due, with allY excess paid to narrower. Inlhe event of OJ partial taking of the 'Propc~ty in
which the fair market value of the Property immediil.tcly before the taking is equal to or greater than the amount of the sums
secured by this Security Instrument immediatcly before the Vl};.lng. unlCis Dorrower l1J1d Lender otherwise agrc.c in writing,
the sums secured by this Security Instrument shil.ll be reduc;ed by thc a!l1ount of the proceeds multiplied by the following
fraction: (a) the tbtlll il.mount of the sums secured immediately before the taking, dividcd by (b) the fair market value of the
PropCrlY immediil.tely before the taking: Any, balance shall be paid to'Oorrowcr, ; In the event of a parlial takIng of the.
Properly in which the fair market value of the Property. immediately' before lhe taking is I~s than the il.mount of the sums
secured immediately before the taking, unles$ Dorrower aqd Lender otllcn....isc agree in writing or' unless il.pplicil.blc law
otherwise provides, the proceeds ~hall be applied to the sums secured by this Security Instrument whether or not the sums
;;lre then due. _,' __ _ ','. '-,
If the Property is il.bandoned by Borrower, or if; nCler notice by Lender to Borrower'that thecondettU1oroffers to make an
award or settle a claim (or dnmages, Borrower fil.ils to respond to Lender within 30 dil.Y.s after the date the notice is given,
Lender is authorized to collecL and apply the proceeds, at its option, either lo restoration or repair of the Properly or to the
sums secured by this Security Instrument, whether or not then due. .', .
Unless Lender and Borrower otherwise agree in writing. any application of proceeds to principal sballnot extend or
postpone the due date of the monthly payments referred to in pnragraphs 1 and 2 or change the amount of such payments. .
11. non.ower- Not Released; Forbearance lly Lender, Not n Waiver. Extension of lhe time for p:lyment or
modilication of amorliZil.tion of the sums secured by this Security Instrument granted by Lender to allY successor in interest of
Borrower shiltl not oper<lte to relcase Ihc liability of the original Borrower or Borrower',s successors in interest. Lender
shaH not be required to commence proceedings against any successor in interest .or;.refuse to extend time for payment or
otherwise modify amortizil.tion of the sums secured by, thIs Security Instrument by reason of any demand made by Ihe
original Borrower or Dorrower's succc.ssors ill interest. Any forbearance ~y Lell~er In cxercislng any right or remedy
Sll<lll not be a waiver of or preclude the exercise 'of nny ri&hl,Or remctly. . '. . ,. .: - .','
1:2. SueccssoJ"$ und Assiglls UoumI; Joint and Several LlubilitYi Co.slgners: The covenants and agreements of tllis
Security Instrument shil.U bind and benefil the successors and assigns of Lender and Borrower, subject to .the provisions of
paragwph 17. Borrower's covenants and agreements'shnll be joint and several. Any Borrower who co-signs this Security
Inslrument but does not execute the Note: (a) is co~signing lhls Security Instrument only to'mo'rtgagc, grant and cOllvey
that Borrower's interest in the Properly under the tcrms.ofthis Security Instrument;'(b) is not personally obligated to pay
the sums seeurcd by tliis Security Instrument; and Cc) agrcci th~'LcIider'a'nd,~ny othcr Borrower tnay'agrcc to extend,
modify, forbcar or make any il.ecol11Jllodntions with regard to the terms of thi~ Security Instrurnent or' the Note without lllat
norrower's consent.
:1032A (Dl'AO) 1'211)1
,aouK1142rA~E ,520
l'ENNSYl. V .\NIA [ronll 30~9 (iwgc J /if S l"'gc~J
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ORIGINAL
22. HcJca.sc. Upon paymcnt of <111 sums secured by lhis Security lnstrumcm, Ihis Security lnslrumClll.D:ZlCl the estatc
cOllveyed, shall terminatc <lnd becomc vo;d. After sucl1 occurrence.,Lender.shilll di~clmrgc and s.il1isfy this Security
Inslnuncnf wiU1Du! charge 10 Borrower. Borrower 511,:111 pay.my recOrdatIon.casls.. ,r ,
23~ Waivers. Borrower, to the. cxtcnt permUted by applicable law, waives. and. releases allY erro,r or defect in
proceedings to enforce Ihis Securil'Y l11~lrumenl, and llcrcby waives the bcm::[il of allY present of fUlUrc laws providing [or
stay of execution, extension of time,' exemption from attachment, levy' and sale, and homcstead cx.cl11ption. .
24. Rclnstatement Period. Borrower's time 10 reInstate providcd<in- paragl"<lpb J8 SlIall extend co. one hour prior ,to
the commencement of bidding at a sheriff's sale or olher sale pursua.nlto this Security Instrumr:l-lL.
25. .Purchase Moncy Mortgngc. If ahy of !lie debt ,sccured I.>y Ihb Sct:urilY Im:trumenl is lem to Dorrqwer to <1cquirc
titlc to thc Property, Ihis Security Instrument sh<lll be n purchasc money l.I.1ortgngc. - . .,:
ZG. Intercst H.ate After JudgmCJlt. narrower 'agrees th01t !lIC inlcrest r~tc p01Yi1blc anC! i1 juugmcnl i.s:.cu1erFd OJ) Ihe
Note or in an action of mortgage foreclosure.shall be the rate payable fr0l1:1 time to time, under lhe Note. ,,; p r ..'
27. Hiders 10 tbis SccurHy 11lsh.umcu1. If one or more ridCfS arc executed by Dorrower o.qd rccoUlcd togelher with
this Security Instrument, the covenants and agreements of each such rider shall.be incorporated into and shall amend and
supplement the coven.mts and agreements or -t~lis S~curily; Illstrument..1S .If-Ihe' riucr(s) were.a pJIt of Ihis Security
Instrument.
{Check .1pp!icablc box(cs)J
o Adjustable Rate Rider OCo.lldo~nilliulll Rider' 0 14 r.llnily 1Udcr
--'
o 9~a~uatcd Pa)'1l1~llt Rider
o llaHoon Rider
o Qthqr(s) Ispedry]
o Plall~e~ Un.it D7veloproent. Rioer
D Rn(e r~l1provenicl~t. Rider'-
. 0 lliwcckly P~Y;l1ent Rider
o S~l1d'Horife RIder
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l3V StGNING nELOW, narrower <lctepts and <lgrccs to thc terms contained in this Seeuril)' instrument and in any
rider(s) e.",,"ced by Borrower '<ld ",,;ordeu with it. (." C".
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COMMONWEALTH OF PENNSYLV ANI_A, ~ CUMllERLANP ~:~~llt~'~~: : ,', , . . '.' .' ":, '.'.:;:~{ t'c.~i(:~~~~;;;~~::~'
On this, the 30TH day of MARCH..1998-, bcfor.e me, the undersigned offlcer,'personally appc~"'~Ati~hc;:~~;~:.:i.':'..::~)~,
DARWICHE : known to me (or sOltisrOlet~rily"pro~en) tc? be~thc'--person($) wbosc'nillnc(~) is/arc ~~~;~(~EUti~~.'V}~;.~:{'''''~'
within tnnrument and acknowledged thOlt HE, exccut~d the l.e r'tlle.purposCS~herci cpht,-aTncc.r.. ," ',: :'".r.~\~~~:.\..t;:~~"
IN WITNESS WHl!REOP, ~ hereullto set my h~ n en .at a1.,' " ' .
" 'i
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NOTARIAL SEAL
CHRISTlNA,L HER.SHEY. Mowry Pub/X:
_. Camp Hill, ClJ.mborlW"!d CouOly' .
U" Commls.lllon E)(^lros "''''''110. 200 1 '
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LEGAL DESCRIPTION
ALL THAT CERTAIN house'and lot of'ground, situate in the
Township of Upper"Allen, County of CUmberland and state of
Pennsylvania I bou,nded and desct;'"ib~d" as follows, t.o wit-:
BEGINNIP_G ~t ~- point in the eastern line of Spring Run Drive,
sixty (GO) feet wide, which said point is in the division line
between Lots Nos. 24 and 25 on the hereinafter mentioned Plan of
Lotsi thence extending along the division line between Lots N~s.
24 and 25 on said plan, Boutll eighty (80) degrees fifty (SO)
minutes forty-eight (48) seconds East, one hundred thirty (130)
feet to a point; thence extending 'along the.', line of. other land of
Paul T. Shearer and violena M. Shearer, his wife, of which this
is a part, the same 'being also the 'c€mter,,'lineof ,twenty-five (25)
foot wide utility easement, Bouth,"five' (05) degrees nine (09)
minutes nineteen (l9) seconds West,"seventy-five and twenty-nine
one-hundredths (75.29) feet to a point at corner of Lot No. 2G on
th~' hereinafter mentioned" 'Plan_ of. Lots i thence exten~ing a.long
the division line between Lot.:i Nos. -25 arid :;f6'--on sa-id Plan, North
eighty-eight (88) degrees.fifty (SO) minutes thirty-three (33)
seconds West;'". qne"h~ndred" thi_rty (~30) ,feet to a. .point in t.he
eastern line 'of Spring Run -Drive,' . aforementioned; thence
extending along the'" eastern line of. Spring Run Driv:'e in a
northerly di~ectionl by the arc of a circle curving to the right I
said circle h~ving a radius of six-hundred seventy (670) feet.1
the arc distance Of ninety-three and fifty one-hundredths (93.50)
feet to a point in the division line between Lots Nos. 24 and 25
on the hereinafter mentioned Plan of Lotsl first above mentioned,
at the point and place of BEGINNING.
HAVING thereon erected a _si,ngle family, frame cape cod style
dwelling house,.
BEING Lcit No. -25 on -the Plan of Spring Run Manor, Section Two,
which said P~an is recorded in the Cumberland County Recorder's
Office in Plan Book No. 27, at Page 32.
UNDER AND SUBJECT to restrict~ons anq ~onditions in prior deeds.
BEING THE SAME PREMISES WHICH Sharon L. Hof"Eman, now known
as Sharon L. Moye and R. George MQye, by t.heir deed to be reporded
simultaneously herewitJl, in the office of the RecQ_rder of- Dc$ds
of Cumberland County, granted_ and conveyed unt?_Ahmed D. Darw~che.
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Sl.ta of Pennsylvania } ~# .&:F-'J.; '0&~ : -./ Jf
County of Cumberland ,86",.,; ;'4~~;~Q .f'/j~~~~' /4}" .;:
~~c~r cd j.n tho offico for the recording of D"O~y",~.~.::t.:....~~<<; ~w:'
?CI I an' (clt~'JbOrl"nd CotJntYcf4.,.~~~\\,~~Iti!>;> ,;,.~,,-
10. _ S lt5l _ Vol=- Pag-a.JJ..: I ft),!..~~~t~-<>~
wlln !ss my 1m or h snnl of of . f (1 \7 ,"
Corli, . PA thi, F day '19::ili,D '
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"~~ MAY 09 2000' ~~j
1"\\C'~I~I~r.R Q. i1\~~\~\('(:rJ
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L _L> ;,;
SHARON Y. DARWICHE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
VS.
AHMED D. DARWICHE,
Defendant
: CIVIL ACTION
NO. 2000 - 85 Civil
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Mary A. Etter Dissinger, Esquire, do hereby certify that
on the date set forth below I served a true and correct copy of
the foregoing document upon the persons below listed, by First
Class United States Mail, postage prepaid, addressed as follows:
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
Date:
C (>/~
."
;;;1?::;:; tJ ~~
Mary A. Etter Dissinger