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Home My WebLink About03-2765SONATA TSOUKATOS, Plaintiff VS. : CUMBERLAND COUNTY, IN THE COURT OF COMMON PLEAS PENNSYLVANIA EVANGELOS TSOUKATOS, : CIVIL ACTION - LAW Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Sonata Tsoukatos, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint for Custody and in support thereof avers as follows. 1. rth ~dros Tsoukatos The Plaintiff is Sonata Tsoukatos, an adult individual residing at 6-A Richland Lane, Apt. 101, Camp Hill, Pennsylvania. The Defendant is Evangelos Tsoukatos, an adult individual whose last known address is 251 E. Crestwood Drive, Apt. A2, Camp Hill, Pennsylvania. Plaintiff seeks custody of the following child: Name present Addres~ pate of 6-A Richland Lane, Apt. 101 6/29/00 Camp Hill, PA 17011 The child was not born out of wedlock. The child is presently in the custody of Mother, who resides at 6-A Richland Lane, Apt. Pennsylvania. During the past five years, the child has Plaintiff 101, Camp Hill, resided with the MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 236-2817 following persons and at the following addresses: List Ail Persons) Plaintiff and Defendant Plaintiff and Defendant Plaintiff (List Ail Addresses) (Dates) Baltimore, MD birth-5/15/02 251 E. Crestwood Dr. 5/15/02-4/28/03 Apt. A2 Camp Hill, PA 6-A Richland Lane Apt. 101 Camp Hill, PA 4/28/03-present The mother of the child is Sonata Tsoukatos, currently residing at 6-A Richland Lane, Apt. 101, Camp Hill, Pennsylvania. She is married. The father of the child is Evangelos Tsoukatos, currently residing at 251 E. Crestwood Drive, Apt. A2, Camp Hill, Pennsylvania. He is married. 4. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: Name Relationship child Alexandros Tsoukatos 5. The relationship of Defendant to the child is that of Father. persons: Name unknown The Defendant currently resides with the following Relationship MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · kO. BOX1062 · HARRISBURG, PA17108 (717) 236-9428 · FAX(717) 236-2817 Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has been the child's primary physical custodian since his birth. Since the parties' separation, the Defendant has had sporadic visitation with the child. Plaintiff requests that an Order would be issued providing Defendant with alternating weekends of partial physical custody of the child. Plaintiff believes it is in the child's best interest that the parties have a custody schedule so that the child sees his father, the Defendant, on a regular basis and to minimize any conflict between the parties. Furthermore, Defendant is a Greek citizen whose whole family resides in Greece. Plaintiff fears and avers that Defendant will relocate to Greece with the child. Plaintiff requests this Honorable Court issue an order which does not permit the parties to leave the U.S. with MEYERS, DESFOR, SAL]-ZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA'~7108 (717}236-9428 · FAX(717) 236-2817 the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Sonata Tsoukatos requests the court to grant her primary physical custody of the child, Alexandros with rights of partial physical custody in the Tsoukatos, Defendant, Evangelos Tsoukatos. Respectfully submitted, Lauri~A. S~l~gSve~VEsquire MEYERS, DESFOR~ SALTZGIVER & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · RO. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 VERIFICATION I, Sonata Tsoukatos , verify that the statements made in this Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. relating to unsworn falsification to C.S. Section 4904, authorities. Dated: 6'/10703 Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · PO. BOX 1062 · HARRiSBURG, PA17108 (717) 236 9428 ° FAX (717) 236 2817 SONATA TSOUKATOS, Plaintiff V. EVANGELOS TSOUKATOS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-2765 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 8th day of July, 2003, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes .jurisdiction in this matter. FOR THE COURT, ,~ ~{~el'ine M. Vemey, Esquire, Custod~onciliator SONATA TSOUKATOS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-2765 : EVANGELOS TSOUK~TOS : CIVIL ACTION - LAW IN CUSTODY Defendant : STIPULATION AND AGREEMENT FOR CUSTODY parties to this action, Sonata Tsoukatos/hereinafter Mother") and Evangelos Tsoukatos (hereinafter "Father"), the parents of one minor child namely, Alexandros Tsoukatos, date of birth June 29, 2000, hereby stipulate and agree a.s follows: 1. The parties shall have shared legal custody of Alexandros. Shared legal custody means that tlne parties shall share in all major decisions in the child's life including medical, educational and religious decisions. The parties agree that they shall consult with each other regarding these major decisions and attempt to reach a mutual agreement in the best interest of Alexandros. Mother shall Father shall as follows. have primary physical have partial physica[L custody of Alexandros. custody of Alexandros, Father shall have partial physical custody on alternating weekends from Fr~.day at 7:00 p.m. until Sunday at 7:00 p.m. If Father is unable to take physical custody of Alexandros for this specified MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECONO STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 2~6-2817 Alexandros on Christmas Day each year. period of time, then he shall provide Mother with 24 hours notice of same. b. Father shall have one evening with Alexandros per week. Father shall give Mother four hours notice as to when he will be picking up and returning Alexandros for his weekday evening of visitation. Vacation: Father shall have two weeks of vacation time with Alex each year. Father shall provide Mother with 30 days notice as to when this vacation time shall be. The parties agree that neither of them shall take Alexandros out of the country at this time. The parties further agree that as Alexandros gets older, either one of them may want to take Alexandros out of the country and at that point in time, the parties agree to discuss this issue. If either parent decides to take Alexandros out of the state of Pennsylvaniq, they will notify the other parent prior to the out of state visit. Emerqenc¥ number: Both parties agree that they shall supply the other party with a telephone number where the child shall be, at all times, in the event of an emergency. Holidays: The parties agree that Father shall have custody of Alexandros for the Greek Easter holiday. Additionally, Father shall have partial physical custody of Alexandros on Christmas Eve and Mother shall have physical custody of Father shall have MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 , HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 236-2817 9 o partial physical custody of Alexandros on New Year's Day. The parties agree that they shall cooperate in scheduling the specific times for this holiday visitation. Flexibility: The parties agree to be flexible regarding custody and visitation of Alexandros° Father shall be permitted periods of partial physical custody of Alexandros at other times, as the parties may agree. The parties agree that this stipulation shall become an Order of Court. Laurie K. ga%t~i~er,'~q~ire William Kollas, Esquire MEYERS, DESFOR, SAL~'ZGIVER ~ BOYLE 410 NORTH SECOND STREET · P,O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 239-2817 FEDERMAN AND PHELAN, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CHARLES E. COLEMAN Attorney For Plaintiff COURT OF COMMON PLEAS CIViL DIVISION CUMBERLAND COUNTY NO. 03-:2050 PLAINTIFF'S MOTION TO AMEND COMPLAINT Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., by and through its attorneys, Federman and Phelan, LLP, respectfully requests that this Honorable Court enter an Order granting Plaintiff's Motion to Amend Complaint in the above-captioned matter and in support thereof avers the following: 1. On 7/18/02, CHARLES E. COLEMAN AND SUZA2qNE M. COLEMAN, made, executed and delivered a Mortgage upon the premises known as 852 HAMILTON STREET, CARLISLE, PA 17013. 2. On or about 4/30/03, Plaintiff filed an Action in Mortgage Foreclosure naming CHARLES E. COLEMAN as a defendant. Attached hereto, marked as Exhibit "A" is a true and correct copy of the Complaint. 3. Plaintiff subsequently discovered that CHARLES E. COLEMAN died on 12/3/02. 4. Plaintiff contacted the Register of Wills of CUMBERLAND COUNTY and was informed that an Estate has been raised on behalf of Mortgagor CHARLES E. COLEMAN, Estate No. 21-02-1100. Attached hereto, marked as Exhibit "B" is a tree and correct copy of the Estate Documents. 5. Upon information and belief, the decedent's surviving heir is SHAUN COLEMAN, EXECUTOR AND SOLE DEVISEE OF THE ESTATE O~.? CHARLES E. COLEMAN. Attached hereto, marked as Exhibit "B" is a tree and correct copy of the Estate Documents verifying the heir of CHARLES E. COLEMAN. 6. On 5/21/03, Plaintiff was contacted by SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN. SHAUN stated that his mother, SUZANNE M. COLEMAN, died on 11/28/02, and his father, CHARLES E. COLEMAN died on 12/3/02. MR. COLEMAN stated that he is the sole surviving he:ir of CHARLES E. COLEMAN, DECEASED. 7. By letter dated, 6/10/03, Plaintiff attempted to contact SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN, to afford him an opportunity to waive his interest in the mortgaged premises. Attached hereto marked, as Exhibit "C" is a true and correct copy of Plaintiff's letter. 8. To date, Plaintiff has not received an executed waiver fi.om SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN. 9. Pursuant to 20 Pa.C.S.A. 301 (b), "...Legal title to alii real estate of a decedent shall pass at his[her] death to his[her] heirs or devisees, subject, however, to all the powers granted to the personal representative". 10. Pursuant to Pa.R.C.P. Rule 1144, the Plaintiff is required to name all real owners of the mortgaged property in actions of mortgage foreclosure. 11. As a result, the proper Defendant is SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN. 12. A tree and correct copy of Plaintiffs proposed Amended Complaint is attached hereto as Exhibit "D." WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant its Motion to Amend Complaint. Respectfully submitted,~ ,, F~,ICIS $. H.~CI. LINAN. ESQUIRE Attomey for Plaintiff FEDERMAN AND PHELAN, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney For Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CHARLES E. COLEMAN COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-2050 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFI~'S MOTION TO AMEND COMPLAINT Pursuant to Pennsylvania law, a Plaintiff in Mortgage Foreclosure is required to name as defendants the real owner of the property subject to the foreclosure action. See Pa.R.C.P. Rule 1144. Pennsylvania law further provides that "...Legal title to all real estate of the decedent shall pass at ...death to (the) heirs of devisees, subject, however, to all the powers granted to the personal representative..." 20 Pa.C.S.A. 301 Co). As a result, the proper defendants in an action in mortgage foreclosure involving a decedent are the heirs or devisees, and the personal representative of the estate. Finally, Pa.R.C.P., Rule 1033 specifically provides that: A party may, by leave of court at any time, amend his pleading. The amended pleading may over transacting or occurrences which haw,· happened before or after the filing of the original pleading... In the case sub judicia, Plaintiff initiated its Complaint in Mortgage Foreclosure and named CHARLES E. COLEMAN, as Defendant as required[ by Pa.R.C.P. 1144. However, Plaintiff subsequently discovered that CHARLES E. COLEMAN is deceased. Because title to real property vests in the heirs of the decedent at the time of death, Plaintiffis obligated to name said heirs as party Defendants to the Complaint in Mortgage Foreclosure. Accordingly, the proper defendant parties in this action are the heirs of CHARLES E. COLEMAN, DECEASED. WHEREFORE, Plaintiffrespectfully requests this Honorable Court enter an Order authorizing the amendment of the complaint. Respectfully submitted, FEDERMAN ANrD PHELAN Attorney for Plaintiff EXHIBIT "A" FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff VS. CHARLES E. COLEMAN 852 HAMILTON STREET CARLISLE, PA 17013 ATTOKNEY FOR PLAIN'I'ffF COURT OF COMMON PLEAS CIVIL DWISION TERM NO. CUIVmERLAND cOUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY A~ND THIS DEBT WAS NOT REA~-/~ taMED, THIS CORRESPOND~'~CE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,'BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must ~ake action wiffrin twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgrnent may be entered against you by the cour~ without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. W 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 GEE[' LEGAL HELP. CUMBERLAND COUNTY CUIvIBERLA.ND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IF THIS iS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING %rlTHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION' OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 The name(s) and last known address(es) of the Defendam(s) are: CHARLES E. COLEMAN 852 HAMILTON STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/18/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinaRer described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: No. 1767, Page 1234. The premises subject to said mortgage is described as amtched. The mortgage is in default because monthly payments of principal and interest upon said mortgage due I 1/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failme of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 04/29/2003 (Per Diem $18.66) Attorney's Fees Cumulative Late Charges 07/18/2002 to 04/29/2003 Cost of Suit and Title Search Subtotal $97,319.72 3,937.26 · 850.00 95.65 $ 750.00 $102,952.63 E,9:row Credit - 362.79 Deficit 0.00 Subtotal $- 362.79 TOTAL $ 102,589.84 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. The mortgage premises are vacant and abandoned. WHEREFORE, PLAIN'III-1'~ demands an in rem Judgment against the Defendant(s) in the sum of $102,589.84, together with interest from 04/29/2003 at the rate of $18.66 per diem to the date of Judgment, and other costs and charges collectible under thc mortgage and for the foreclosure and sale of the mortgaged property. FEDERMPuN AND PFLELPuN, LLP By: /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELaMN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL that c=~in t~-ac~ of I~nd with improvements ~ereon sltuat~ in the ~f~ Ward the Eiol~u~]~ o~: Ca~i.'~le. Cumberland CounW, Pennsylvania. bounded and desc~bed BEGINNIN-~ at a point at the northwestern corner of Ham.ton Street and Charles Street as the same appears on the ,'~ereinafter mentioned plan of lots; thence along th~ no~her3 line of Hamilton S~eeC South 63 degrees 03 minutes West, a ~n~ o~ ~.80 tee~ ~ a point; ~ence a~ng ~e ~me by a ~ ~ the le~ having a .~d~s of 170 feet an a~ dis~nce of 50 fee~ ~ a poinC ~en~ along land now 117.01 feet ~ a ~.int; ~e~e along land ~ow or fo~edy of C.W. A~emon and No~ 75 d~mes [:8 ~utes ~ se~nds ~sC a dis~ce of 111.61 feet ~ a ~t on ~e w~t~ line of Charles S~ee~; ~ence along the line of Chades St~et, So~ d~s ~ mlnute~ 40 se~nds E~s~ a d~stance o~ 17 fee~ to a poin~ thence along the m~a W & a leR halng a ~s of ~7.37 fee~ an arc dis~nce of ~.g2 feet to a poin~ ~en~ ~ a~ng ~e ~e, S~ 26 degrees 57 n~i~utes East. a distan~ o~ ~.75 feet ~ a po~[ at ~e no~w~te~ ~mer of Chades S~eet and Hamilton Street, the of BEGINI41NG. BEING all of Lot No. 12 and a por'Lton of Lot Nc. 13 of =-l~k 'C~' in the .:~.an of a Po~on of Hamilton Oevelopment as recorded in the Cumberland County Recorder of Deeds Of?ca in Plan Book 11, Page 36. HA'/]]~G erected thereon a dwelling known as 852 Hamilton Street, Carlisle, pennsylvania 17013. VERIFICA~ON Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plain~ff in ~ manet, that she is authorized to take this Verification, and that the statements made in the ibregoing Civil Action in Mortgage Foreclosure are true and correct to thc best of her knowledge, information aad belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. EXHIBIT "B" PETITION FOR PROBATE and GRANT OF LETTERS Estate of'O~-~n~ -~ C~o~_.ro~, No. ~1- ~- I100 R~st~ of W~s for t~ D~e~ed. County of ~tnb~A~ in the S~ial Se~ty No. 17 ~ - ~ t%-~_~ Co~onw~th of P~sylv~ia ~e petition of the und~si~ res~f~ly repres~ that: Your peti~oner(s), who is/~e 18 ye~s of age or older ~ the execut ~ ~ n~ed in the l~t will of the a~ve d~ent, dated ,19__ ~d ~) dated ~. t. ~ h (slate relevant circ~lmstance~, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in 0_c,r.-,' [2t~- ~ ~,~..~ Coqllty, Pen.nsylvania, with last family or principal residence at /::~-~9~ t-/t~,n, t'r~or~ ~'r Q~o~ ~ ,~g~,. (list slr~-t, number and mundpality) Decendent the~ t~'-~ years of age, died ~. Except as follows, aecdent cUd not marm was not cUvorced and did not have a c~ild born or a,~opted after execution of the win offered for probate; was not the victim of a killing and was never adjudicated incompetent: Dec~dmt at death o~ed proper~y with estimated values as fonows: (If domiciled in Pa.) All personal property $ (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and cocUcil(s) presented herewith and the grant of letters I~i:x-& ox~a'waa,, (testamentary;, ad~ainisl:ralion c.t.a.; administration d.b.n.c.t.a.) theron. OATH OF' PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF (Tttm_hal~lct~rJ . } ~ The peritioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(S) and that as personal represen- tative(s) of the above decedent petitionerts) will wcil and truly administer the estate according to law. Sworn to or affirmed and subscribed lO. ti.[ ~ co before me this .51-h day of f ~ Estate Of CHARLES E COLEMAN , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW DECEMBER 5 t 2002 19 , ~n consideration of ~he petition on de reverse ~de h~f, satisfa~o~ proof hav~g b~ pr~ent~ before me, ~ IS DEC~D ~at the instant(s) ~t~ 11-01-2002 d~b~ ~ be admitt~ to probate ~d fil~ of rgord ~ ~e I~t w~ of CHA~ES E COLEMAN ; · nd Letters TESTAMENTKRY are hereby granted to SHAUN PAUL COLEMAN FEES Probate, Leliers, Etc .......... $ 18,00 Shor~ Certificates( ) .......... $ 3,00 Renunciation ................ $ 5,00 jcp S 10.0o ATTORNEY (Sup. O.. I.D. No.) TOTAL $36,00 12-5-2002 exec waited and received 12-5-2002 PHONE RENUNCIATION To the Register of Wills of (~ ~) ~'Y7 ~/- ~,¢~' f) County, Pennzylvania. the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters be i.ued to wrr~ss /~t/v/ hand this -~ ~' ~' d ay o f ~:~'~'~-~"Y ~;V~.- (Addr~) (Signature) (Addr~s) (Signaturu) {Address) LAST WILL AND TESTAMENT OF CHARLES ELMER COLEMAN I, CHARLES ELMER COLEMAN, a resident of the Commonwealth of Pennsylvania, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. I am retired from the military service of the United States. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the adminis~ation of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property. SECOND: It is my desire that, upon my death, I be buried with full military honors at American Military Cemetery, Madingiey, Can~bridgeshire, England. THIRD: I give all real estate owned by me at the time of my death, and all rights that I have under any related insurance policies, to my wife SUZANNE MARGARET COLEMAN, if she survives me. FOURTH: I give all tangible personal property owned by me at the time of my death, including without limitation personal effects, clothing, jewelry, furniture, furnishings, household goods, automobiles and other vehicles, together with all insurance policies relating thereto, to my wife SUZANHE MARGARET COLEMAN, if she survives me, or if she does not survive me, to my son SHAUN PAUL COLEMAN, if he survives me. FIFrlt: I give all the rest, residue and remainder of ray property and estate, both real and personal, of whatever kind and wherever located, that ! own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows: (a) If my wife SIYZANNE MARGARET COl .gMA_N survives me, to my wife outright. (b) If my wife does not survive me, then to my son if he sm'wives me, or if he does not survive me to any then living issue of my son, per stirpes. (c) If my wife does not survive me and there shall be no issue of mine then living, I give my residuary estate to those who would take from me as ifl were then to die without a will, unmarried and the absolute owner of my residuary estate, and a residant of the Commonwealth of Pennsylvania. SIXTH: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any pa~ of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or diswibute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or Izaasfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor may be such person. If such beneficiary is a minor, my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen (18) year~, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article EIGHTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. SEVENTH: I appoint my wife SUZANNE MARGARET COLEMAN to be my Executor. If my wife does not survive me, or shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint KATHRYN L. GRIFFITH as my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any jurisdiction. EIGHTH: I grant to my Executor all powers conferred on executors under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain,'sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to divide and dis~bute property in cash or in kind; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accoontants and other persons for services or advice. The term "Executor" wherever used herein shall mean the executors, executor, executrix or adminisWator in office from time to time. NINTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. TENTH: I have served in the Armed Forces of the United States. I therefore request that my Executor make appropriate inquiries to ascertain whether there are any benefits to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I specifically requast that my Executor consult with a retired affairs officer at the nearest military installation, the Depamnent of Veterans Affairs, and the Social Security Adminisuafion. ELEVENTH: Except as otherwise provided in this will, I have intentionally failed to provide for any other relatives or other persons, whether claiming to be an heir of mine or not. Insofar as I have failed to provide .in the will for any of my issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake. If any person named as a beneficiary under this will institutes a will contest, acts as a party to a will contest initiated by someone else, or aids and abets anyone instituting a will contest, ! direct that any bequest, devise, or share of my residuary estate that would otherwise go to that person shall lapse, as if he had predeceased me. TWEL~'IIi: I may leave a leuer of intent with the executed copy of this will for the pmpnse of giving guidance to my Executor concerning the dislribotion or sale of certain items of my property. I request, but do not require that my Executor honor my wishes therein expressed. This document was prepared under the authority of 10 U.$,.C. § 1044 and implememing military regulations and instructions, by Captain Robert E. Samuelsen II, U.S. Army, who is lic6used to practice law in the State of Minnesola. IN W~ WHEREOF, I, CHARLES ELMER COLEMAN, sign my name and publish and declare this ius~,'ument as my last will and testament this 1st day of November, 2002. I also have affixed my signature on the bottom of each of the preceding pages hereof. CHARLES ELMER COLEMAN The foregoing instrument was signed, published and declared by CHARLES ELMER COLEMAN, the above-named Testator, to be his last will and testament in our presence, all being present at the 2 same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. having an address at /. having an ad~.~s at ., 3 ACKNOWLEDGMENT AND A~'FIDAVIT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND, ss. names ~e si~ed to ~e attacMd or foregoing ins~ment, being ~t d~dy sworn, do hereby decl~e to ~e undersigned an~ofity ~at ~e Tes~tor, C~S E~ER COL~, si~d ~d execu~d ~d ins~ment as his lint will and tes~ent in ~ pre~nc~ and he~ng of the witn~s~s, and ~tat he h~ si~ed willingly, ~d ~m he ex~cut~ it ~ his ~e~ and volum~ act and de~ for ~e p~o~s ~erein expressed, ~d ~m each of~ witness al th~ ~uest of th~ Testator, in the presence ~d being of ~ T~smmr md each o~er, signed ~e will ~ witness, ~d ~at to ~e ~st of his or her ~owl~g~ ~ Tes~tor was m ~e time at lem;t eighmen ye~ of age, of sound mind ~d under no cons~n~ d~ss, ~aud or ~due influence. S ~R s~tor Wimess - Su~d~d, sworn to ~d ~owledged ~fore me by ~e ~d C~ES E~R COL~, Testator, and subscribed and sworn to before me by the abov,$-named witness,.'s~ this 1st day of November, 2002. I~otary Pubhc My commission exph:es on EXHIBIT "C" FEDERMAN AND PHELAN, L.LP. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215=563-7000 Fax: 215=563-4491 Jen nffer. Redling~fedph e-pa.com Jennifer Redling Legal Assistant, Decedent Department Representing Lenders in Pennsylvania and New Jersey J~e10,2~3 Shaun Coleman, Executor And Sole Devisee of the Estate Of Charles E. Coleman 905 Bean Avenue Kilgore, TX 75662 RE: CHARLES E. COLEMAN; 852 HAMILTON STREET, CARLISLE, PA 17013 GMAC MORTGAGE CORPORATION; NO. 600397215 Dear Mr. Coleman: Kindly be advised that the Law Offices of Federman and Phelan represent MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., thc holder of the mortgage against the above-referenced mortgaged premises. The loan is in default aa payments due 11/1/02 and each month thereafter remain due and unpaid. Our office has been retained to bring a foreclosure action. Our office has been informed of CHARI.g-S' unfortunate death. We are sorry for your loss. As you are the sole devisee of CHARLES E. COLEMAN, you were automatically vested with an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301 Co). Accordingly, it will be necessaxy to bring a foreclosure action against your interest in the property. This letter serves to afford you an opportunity to waive your interest in the mortgaged premises. Please find attached a Waiver of Interest which I would appreciate your executing and returning to the undersigned within ~ of the date of this correspondence. If the Waiver is fimeiy returned it will not be necessary to name you as a Defendant in the foreclosure action. If, however, the Waiver is not timely returned, our office will proceed to name you as a Defendant. * This firra is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. It will howeVer, be necessary to name you, SHAUN COLEMAN, as a defendant in the foreclosure action in your capacity as Executor of the Estate as required by the Pennsylvania Rules of Civil Procedure. If you would like to request a payoff or reinstatement figure, please call (215) 563-7000, Ex. 1212. Legal Assistant * Th/s finn is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. FEDERMAN AND PHELAN, LLP By~ Francis S. Hallinan Identification No. 621595 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attom~ for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. V. ESTATE OF CHARLES E. COLEMAN, DECEASED WAIVER OF INTEREST IN MORTGAGED PREMISES BY HEIR OF DECEASED OWNER In consideration for not being named as a Defendant in a foreclosure action, the undersigned, devisee of CHARLES E. COLEMAN, hereby waive:; any and all interest he may have in the premises located at 852 HAMILTON STREET, CARLISLE, PA 17013, which property was owned by the Decedent at the time of his death, and hereby consents to legal action without any further notice of institution or legal proceedings of Sheriff's sale. I understand that it is Plaintiff's intention to name me as a iDefendant in the foreclosure action in my capacity as Executor of the Estate only. Date: Shaun Coleman, Devisce Of thc Estate of C-'harles E. Coleman, Not in my capacity as Executor of the Estate * This finn is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. EXHIBIT "D" FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUtI'E 1400 pHILADELPHIA, PA 19103 (215) 563-7OOO MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMII~EE FOR GM. AC MORTGAGE CORPORATION 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATFORNEY FOR PLAII',Ht~fi COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE, AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 NO. 03-2050 CUMBERLAND COUNTY Defendant(s) AMENDED ~ AL'rlON- LAW COMPLAIiNT IN MORTGAGE FORECLOSURE NOTICE *'*THIS FIRM i$ A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. llV YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT R~A~FIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A'l-l'.'~rl' TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in Court. If you wish to defend against thc claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with thc court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or tbr any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR 'IELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IF THIS IS 'I~HE ~'IRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OF~'ICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 1S U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, TIlE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. TIlE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR .A JUDGMENT UNTIL T1]E EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT Tile DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is MORTGAGE ELEUfRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE.CORPORATION 8201 GREENgBORO DRIVE, SUH'E 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: ESTATE OF CHARLES E. COLEMAN, SHAUN COLEMAN, EXECUTOR, DEVISEE AND ALL HEIRS AT LAW OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 who is/are the real owner(s) of the property bereinaffer descn-bed. On 07/18/2002 mortgagors, CHARLES E. COLEMAN AND SUZANNE M. COLEMAN, made, executed and delivered a mortgage upon the p,cnfises hereinatter described to PLAIN'I'II~I' which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1767, Page 1234. The premises subject to said mortgage is described as attac'hed. The mortgage is in default became monthly payments ofl~rincipal and interest upon said mortgage due 11/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 9. 10. Thc following amounts are due on thc mortgage: Principal Balance Interest 10/01/2002 through 04/29/2003 . (Per Diem $18.66) Attorney's Fees Cumulative Late Charges 07/18/2002 to 04/29/2003 Cost of Suit and Title Search Subtotal $97,319.72 3,937.26 850.00 95.65 $ 750.00 $102,952.63 Credit - 362.79 Deficit 0.00 Subtotal $- 362.79 TOTAL $102,589.84 The attorney's fees set forth above arc in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a th/rd party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the: original mortgage amount exceeds $50,000.00. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. Mortgagor, CHARLES E. COLEMAlq, died on 12/3/02, leaving a will dated 11/1/02, wherein he appointed SUZA.NNE M. COLEMAlq, DECEASED, as his Executrix. By Renunciation dated 12/5/02, KATHRYbl L. GRI~'I~ l'l el rex~ouneed her rights as alternate Executrix of the Estate. Letters Testamentary were granted to SHALrN COLEMAN on 12/5/02 in CUMBERLAlqD County, No. 21-02-1100. Decedent's surviving heir at law and next-of-kin is defendant, SHAUN COLEMAN. 11. Plaintiff hereby releases SUZANNE M. COLEMAN from liability for the debt secured by the mortgage. 12. Defendant, SHAUN COLEMAN, has been named in accordance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interest in the premises and has no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIIq;~ demands an in r~nn Judgment against ~e Defendant(s) in the sum of $102,589.84, together with interest fxom 04/29/2003 at the rate of $18.66 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By:. FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQUI1LE LAWRENCE T. pI-I~LAN, ESQLIIRE FRANCIS S. ItALLINAN, ESQUIRE Attorneys for Plaintiff VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this Verification, and that the statements made in the foregoing Motion to Amend Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unswom falsifications to authorities. FEDERMAN AND PHELAN By: ,FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney ]?or Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CHARLESE. COLEMAN COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-2050 CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion to Amend Complaint was served by regular mail on Defendant (s) on the date listed below: SHAUN COLEMAN, EXECUTOR AND DEVISEE OF THE ESTATE OF CHARLES E. COLEMAN 905 BEAN AVENUE KILGORE, TX 75662 Date ~/RANCIS S. HALLIN*MN, ESQUIRE Attorney for Plaintiff SONATA TSOUKATOS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : vs. : NO. 03-2765 EVANGELOS TSOUKATOS : CIVIL ACTION - LAW : IN CUSTODY Defendant ORDER OF COURT AND NOW, this ~-- day of ~ , 2003, the attached Stipulation and Agreement for Custody shall be entered as an Order of Court. Jo MEYERS, DESFOR, SAI.TZGiVER & BOYLE 410 NORTH SECOND STREET · P.O, BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 * FAX(717) 236-2817