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Home My WebLink About07-4723UDREN LAW OFFICES, P.C. ATTORNEY FOR^PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Household Finance Consumer ;COURT OF COMMON PLEAS Discount Company :CIVIL DIVISION 577 Lamont Road Elmhurst, IL 60126 :Cumberland County Plaintiff v. Jeannie Mohmand a/k/a Jeannie B . Mohmand NO • (~ - ~~7a3 ~;' i vi t Term 4020 Lisburn Road Mechanicsburg, PA 17055 Defendant (s ) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty ( 2 0 ) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LP,WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-31bb 800-990-9108 AVISO Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la Corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IIrIl~lEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Equity Financial, Inc. Assignments of Record to: Mortgage Electronic Registration Systems, Inc. Recording Date: 6/7/06 Book: 727 Page: 3822 Assignor: Mortgage Electronic Registration Systems, Inc. Assignee: Household Finance Consumer Discount Company Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff ) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 4020 Lisburn Road MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Allen Township COUNTY: Cumberland DATE EXECUTED: 2/1/05 DATE RECORDED: 2/8/05 BOOK: 1896 PAGE: 3291 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 8/8/07: Principal of debt due $394,473.52 Unpaid Interest at 7.990 from 2/1/07 to 8/8/07 (the per diem interest accruing on this debt is $86.35 and that sum should be added each day after 8/8/07) 16,320.15 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Late Charges (monthlyy late charge of $146.57 should be added in accordance with the terms of the note each month after 8/8/07) 732.85 Uncollected Fees 157.50 Attorneys Fees (anticipated and actual to 50 of principal) 19,723.68 TOTAL $432,012.70 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A" , and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $432,012.70 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. bark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ~ ' H ~X~lI~fl~ ,E~-. ALL THAT CERTAII~I piece ox parcel of land situate in. Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with survey made July 7, 19fib by D. P. Raffensberger, Registered Surveyor, as follows, to wit: I3EGIk~ING at a point in the center Tine of the public road leading from Lisburn to Slate Hi11, L.R. 21014, at the northeast corner of laads now or formerly of Harry Declsman; thence along said lands now or fomaerly of Hany Deckman and lands now ar late of Mary Herr, North eighty--four (84) degrees fifteen (15} minutes West five hundred sixty {560} feet to an iron pin; thence along other lands now or formerly of George H. and Martha lVi. Canker, of which the tract of land herein described was a part; North thirty-eight (38} degrees thirty (30} minutes East &ve hundred thirty-eight (538) fleet to a point in the center Tine of the aforesaid public road; thence along the center line of the aforesaid public road South forty-seven (47} degrees nineteen {19} minutes East two hundred twenty-eight (228} feet to a point; thence further by same south twenty {20} degrees forty seven {47} miinutes East two hundred thirteen and nine tenths (213.9) feet tQ a point; thence still by tfic ceirter line of the aforesaid public road South seven {7} degrees thirty (30} minutes West one hundred fifteen and six-tenths (1I5.6) feet to ~e point and place of SBGTI~N1NG. ' COI~i'I'A~NIl~IG three and one-half (3 1/Z }acres of land, more or less. HAVING THRRE4N erected a two story brick ranch type dwelling known and numbered 4020 Lisburn Road, Mechanicsburg, Pemisylvania. ~ Cer'~~ f~,, t~~~~, tcJ x ~~. I'c_'~„tl~'~ ~l.tj Its ~u;z~vL~•~~~i=.~ C'u~t,~.tti, ~'<~ ~~ • f. J ~ ~" "r.~r i~ ~, . ~. ~~~orc~cr a i' l~L~,•cis 8~.~8~~P~33~~~~ ~-ISBC Q~ NSBC' Mkwtpper Servierv 4i(. Cinnd Rehr Blvd„ iba.oa~. FL 33xj4 * 041494 00003701 09N11S4 OD6~712 609 Jeannie Mohmand 4020 Lisburn Rd Mechanicsburg PA 17055-6704 h~~111~~~III~~~~Li~~l,l~r,li~~1,~,lll~~~~l~~l~,l~lllt~~~~ll~( o51o1R007 DEMAND LETTER (NOTICE TO CURE DEFAULT) COMBINED ACT 91/ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER' S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able iii to help save your home. This notice explains how the program works. To see iF HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address and phone number of the consumer credit counseling agencies serving your county are listed at the end of this notice. If you have any questbns, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342-2397. Persons with impaired hearing may call (717) 780-1869. This notice contains important legal information. If you have any questions, representatives at the consumer credit counseling agency may be able to help explain it. You may also want to contact an attorney in your area. The bcal bar associatbn may be able to help you find an attorney. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE AL LLAMAR A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCINADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER' S EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU H IPOTECA. HOMEOWNER' S NAME(S): JEANNIE MOHMAND PROPERTY ADDRESS: 4020 LISBURN RD MECHANICSBURG PA 17055 ACCOUNT NUMBER: 0010035467 CURRENT LENDER/SERVICER: HSBC Mortgage Services HOMEOWNER' S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER' S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: 'i IF YOUR DEFAULT HAS BEEN CAUSED BY CRCUMSTANCES BEYOND YOUR CONTROL i IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND i IF YOU MEET OTHER ELIGIBILITY REQUREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSNG FIANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foredosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend aface-to-faoe meeting with one of the consumer credit counseling agenaes listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the cxedit consumer counseling agendes listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the day of this meeting. The names, addresses and telephone numbers of desgnated consumer aedit counseling agendes for the country in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for spedfic information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for finandal assistance from the Homeowner' s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner' s Emergency Mortgage Assistance Program Application with on of the designated consumer credit counseling agendes listed at the end of this Notice. Only consumer credit counseling agendes have the application s for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. You application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. +~3V1v94 0UQ0U3709 0YN11SV QU6Ull2 bQ9 YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you will still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your ~ property located at: ,~ 4020 LISBURN RD MECHANICSBURG PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS. You are due and owing appro~mately - $2931.54 a month. You are past due since 03/01!2007. Other fees may have also aoaued on your account. TOTAL AMOUNT PAST DUE: $6941.57 8 s HOW TO CURE THE DEFAULT -You may cure this default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6941.57, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier' schedc, certified check or money order made payable and sent to: HSBC Mortgage Services P.O. Box 17580 Baltimore, MD 21297 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt . This means that the entire outstanding balance of this debt will be considered due immediately and you may bse the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its aftomeys to start legal action to foreclose upon your mortgage property . a 0141494 Ot7~003709 09MNI4 ODL0112 609 IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged .property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, `you will still be required to pay the reasonable attorney' sfees that were actually incurred, up to $50.00. However, ff legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually inouned by the lender, even if they exceed $50.00. Any attorney' s fees will be added to the amount you owe the lender, which may also indude other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney' sfees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF' SSALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff sSale. You may do so by paying the total amount past due, plus any late or other charges due, reasonable attorney' sfees and costs connected with the foreclosure sale and any other costs connected with the Sheriff sSale as spedfied in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never d efau Ited . EARLIEST POSSIBLE SHERIFF' SSALE DATE - It is estimated that the earliest date that such a Sheriff sSale of the mortgaged property could be held would be appro~amately five months from the date of this Notice. A notice of the actual date of the Sheriff' sSale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: HSBC Mortgage Services Address: 636 Grand Regency Blvd., Brandon, FL 33510 Phone Number: 800-365-6730 Fax Number: 813-571-8680 Contact Information: Loss Mitigation Department EFFECT OF SHERIFF' SSALE -You should realize that a Sheriff sSale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff sSale, a lawsuit to remove you and your furnishings and other belongings wind be started by the lender at any time. ASSUMPTION OF MORTGAGE -You _X may or X_ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney' sfees and ousts are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. a. flLtl)49tl OflflflQ37fl9 fl9MAStl OObQl12 609 YOU MAY ALSO HAVE THE RIGHT: i TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. i TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING. YOUR BEHALF. i TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) i TO ASSERT THE NONEXISTENCE OF DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. i TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. i TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. ll~ NOTE: Unless ou noti this office within thi y fy rty (30) days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume that the ~ debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgement and - mail you a copy of such judgement or verification. You are also advised this information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this notice, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ENCLOSURE: Validation of Debt Notice aD141494 00aUUBi09 09HAS4 0D60112 609 Validation of Debt Notice Pursuant to the Fair Debt Collection Pradice Act (FDCPA) (15 USC 1692), a consumer debtor is required to be sent the folbwing notice: (1) unless the consumer, within thirty (30) days after receipt of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector; (2) if the consumer notifies the debt collector in writing within the thirty (30) day period that the debt or any portion thereof is disputed, the debt collector will obtain verification of the debt or a Dopy of a judgement against the consumer and copy of such verification or judgement will be mailed to the consumer by the debt collector; and (3) upon the consumer' swritten request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Our demand for immediate payment does not eliminate your right to dispute this debt within thirty (30) days of receipt of this notice. If you choose to do so, we are required by law to cease our collection efforts until we have mailed the disputed information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal Trade Commission has ruled that the FDCPA does not predude the instihation of legal action prior to the expiration of the thirty (30j day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by HSBC Mortgage Services. Please note that HSBC Mortgage Services may proceed with foredosure and that fees, costs and / or advances by the mortgagee may be due in addition to the sum quoted above. Please note further that any funds tendered will be subject to verification and correctness before the matter is oonduded. Please feel free to contact HSBC Mortgage Services upon receipt of this notice should have any questions or ooncems. Date: 05/01 /2007 HSBC Mortgage Services 636 Grand Regency Blvd. Brandon, FL 33510 (800) 365-6730 www.hsbcmortgageservices.wm + Q1YiY9Y OOOQ03709 09MRSY Ot16~312 609 V E R I F I C A T I O N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. r e Mark J. U ren, ESQUIRE UDREN LAW OFFICES, P.C. 6` ~ r,> '~ _ `~' C.~ ~ .'s`t fi ~= j f7'1 0 , ,~. m ..n ~ ~ - l,L ' _.. ~ ? .- L ._! -t. , _~ ,:~ •. ~ ~~ ..y~ t.C`i ~'G SHERIFF'S RETURN - REGULAR CASE N0: 2007-04723 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS MOHMAND JEANNIE AKA JEANNIE B RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MOHMAND JEANNIE AKA JEANNIE B MOHMAND the DEFENDANT at 1039:00 HOURS, on the 15th day of August 2007 at 4020 LISBURN ROAD MECHANICSBURG, PA 17055 by handing to JEANNIE MOHMAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.36 Affidavit . 0 0 Surcharge 10.00 .00 SlZtlb? ~ 43.36 Sworn and Subscibed to before me this day So Answers: ~'iS~w...'~'~-'.c ~~,E~....p R. Thomas Kline 08/20/2007 UDREN LAW OFFICE By: y Sheriff of A.D. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Household Finance Consumer Discount Company 577 Lamont Road Elmhurst, IL 60126 Plaintiff v. Jeannie Mohmand a/k/a Jeannie B. Mohmand 4020 Lisburn Road Mechanicsburg, PA 17055 Defendant (s ) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County 'NO. 07-4723 Civil Term SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendant, Jeannie Mohmand a/k/a Jeannie B. Mohmand has filed Chapter 13 Bankruptcy in the Middle District of Pennsylvania on August 20, 2007, Bankruptcy Case No. 07-02589. Mark J. Udren, Esquire UDRE W OFFICES., P.C. Atto v for Plaintiff M1'~ 0~~~~~~ ~ "_' C ~: ~ "'' ,~ ,~ .. -, x ± ~ ~ ~ 7 ^ _ ~~ ~+ ~ t - ~~ .~ (J7 ~..~ UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Household Finance Consumer :COURT OF COMMON PLEAS Discount Company .CIVIL DIVISION 577 Lamont Road :Cumberland County Elmhurst, IL 60126 Plaintiff :MORTGAGE FORECLOSURE v. Jeannie Mohmand a/k/a Jeannie €N0. 07-4723 Civil Term B. Mohmand 4020 Lisburn Road Mechanicsburg, PA 17055 Defendant (s ) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) Jeannie Mohmand a/k/a Jeannie B. Mohmand for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $432,G12.70 Interest Per Complaint 21,069.40 From 8/9/2007 to 4/8/2008 Late charges per Complaint 1,172.56 From 8/9/2007 to 4/8/2008 TOTAL $454,254.66 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. Attorneys for"f~"rairiti~`f'~ MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PRO PROT ,_ UDREN LAMP OFFIC88, P.C. MARK J. IIDRSN, BSQIIIR$ - ID #04302 STIIART IiINNBa, BSQUIR$ - ID #45362 EARRJIENB-DE?YI,B; 88@EH-R~B---~D-#34576 ALAN M. MINATO, BSQIIIRB - ID #75860 CHANDRA M. ARKBMA, BSQOIR$ - ID #203437 WOODCR$ST CORPORATE CENTER 111 1POODCR88T ROAD, SUITS 200 CHERRY HILL, NJ 08003 856-669-5400 ~leadiaasAudren.com Household Finance Consumer Discount - Company Plaintiff v. Jeannie Mohmand a/k/a Jeannie B. _ Mohmand Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-4723 Civil Term T0: Jeannie Mohmand a/k/a Jeannie B. Mohmand 4020 Lisburn Road Mechanicsburg, PA 17055 DATE of Notice: March 27, 2008 IffiPOR $ YOU ARE IN DEFAULT BECAUSE YOU HAVE- FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 2N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANT USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARR TAL SBRVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE.REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PIIR3UANT TO THB FAIR DEBT COLLECTION PRACTICgS ACT, THIS LAW FIRffi I3 DEEMED TO B8 A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE OSED FOR THAT PURPOS$. ~~' . ~re~~~r ~J Stuart Winneg; Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU ATTORNEY FOR PLAINTIFF - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Household Finance Consumer Discount Company Plaintiff v. Jeannie Mohmand a/k/a Jeannie B. Mohmand Defendant (s) COURT OF COMMON PLEA5 CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 07-4723 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Jeannie Mohmand a/k/a Jeannie B. Mohmand Age: over 18 Residence: As captioned above Employment: Unknown Sworn to and subscribed before me this 8th day of April, 2008. Nota~` Public `~ ARA S~E.~itS ~A1C7 PUdLiC OF NEW JERSEY ~nnmisslon Expire: ~/16/200~ Name : ~<'~~~[~~ Title: ATTORNEY FOR PLAINTIFF Company: UDREN LAW OFFICES, P.C. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Jeannie Bo Yon Mohmand a/k/a Jeannie Pak Chapter 13 Debtor(s) Case No.: 1:07-bk-02589 ORDER DISMISSING CASE Upon consideration of the Trustee's Motion to Dismiss case material default , and after notice of hearing set for March,12 2008, Debtors failed to appear and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. ~'~+~ the ~#41ll'~'~ B ll Jltd~~ (~oK} Tdtis docume~at is ~/ec2rraraically sagraed and fiI€~d on i~ae-sa,~ae dame: Dated: March 19, 2008 MDPA•DISMI332.ViPT REV 8105 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Jeannie Bo Yon Mohmand aka "__ CHAPTER 13 Jeannie Pak CASE NO. 1:07-bk-02589 RNO HSBC Mortgage Services Inc Movant vs. Jeannie Bo Yon Mohmand aka Jeannie Pak Debtor(s) and Charles J. De Hart, Esquire, Esquire Trustee RESPONDENTS ORDER MODIFYING AUTOMATIC STAY Upon consideration of the Motion of HSBC Mortgage Services Inc for Relief from Automatic Stay, as well as the Certification of Default filed by same, it is hereby ORDERED AND DECREED THAT: The 11 U.S.C. §362 Automatic Stay of all proceedings is hereby modified with respect to premises located at: 4020 Lisburn Road Mechanicsburg, PA 17055 so as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises; and it is further ORDERED THAT: The relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code. ,~° R~b~rt'~1. Qprl t1,13aaakruptc~~ 3ud~+~ ~~ ,~~ , Dated: February 26, 2008 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF HY: Mark J. Udren, Enquire ATTY I.D. NO. 04302 - WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.cam r ~ ~ Household Finance Consumer COURT OF COMMON PLEAS -~'` =' ~ '_~ Discount Company CIVIL DIVISION ~~=~ `~' `~~ I -C) 577 Lamont Road - - ! ~ _ ~ _~t.: ~ ` Elmhurst, IL 60126 :Cumberland County _ ~ _.~, ; c :~ - , Plaintif f . ~=~ c-`_ ~'" ;'~ 4 ' v . -~ c~.y ~ :~ Jeannie Mohmand a/k/a Jeannie _ B . Mohmand NO . (~"(- t f 7a 3 ~ i v i ( (~/'M 4020 Lisburn Road Mechanicsburg, PA 17055 .Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against t:he claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint ar far any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to yoLt. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOII DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ~/,~.s'\ ~~/J (;~~~ ~~1G`e`~3 ~~~ SHERIFF'S RETURN - REGULAR CASE N0: 2007-04723 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS MOHMAND JEANNTE AKA JEANNIE B RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MOHMAND JEANNIE AKA JEANNIE B MOHMAND the DEFENDANT at 1039:00 HOURS, on the 15th day of August 2007 at 4020 LISBURN ROAD MECHANICSBURG, PA 17055 by handing to JEANNIE MOHMAND a true and attested copy of COMPLAINT - MORT FORE together with anc~.at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing SErVice Affidavit Surcharge Sworn and Subscibed to before me this of ls.oa 15.36 .00 lo.ao .00 43.36 day So Answers: -r , ,.~,,; ;< R. Thomas Kline 0$/20/20n'~ UDREN LA By; A.D. >-- , ~ ~ }_° Cj; - i~ .~." i.._.) F - ~ ~ C.i [~ r1_ ~ (y.; ~., 1 LL ~~ ~ ~ ~ ,:~ v C.j ,_v~ ,:~ 1 _; v . ~ ~ d ~ ~ ~ a ~ 4 ~ ~ ~ 1 ~ ~~ , .~'` ~ ~) ~ ( ~ . _.. _ _- UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRB - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 Sn10ODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Household Finance Consumer €COURT OF COMMON PLEAS Discount Company ?CIVIL DIVISION Plaintiff :Cumberland County v. :MORTGAGE FORECLOSURE :. Jeannie Mohmand €NO. 07-4723 Civil Term a/k/a Jeannie B. Mohmand _ Defendant(s) To: Jeannie Mohmand a/k/a Jeannie B. Mohmand 4020 Lisburn Road Mechanicsburg, PA 17055 hereby notified that a Judgme above proceeding as indicate X Judgment Money Ju Pursuant to Rule 236 of the S Judgment Judgment Judgment Judgment Judgment NOTICE upreme Court of Pennsylvania, ou are nt has been entere gai in. the d below. otho by Default dgment in Replevin for Possession on Award of Arbitration on Verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 UDREN LAW OFFICES-; P.C., ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STLTART WINNEG, ESQUIRE - ID #4.5362 _____T______ - T LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE.- ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ' gleadinga@udren.com Household Finance Consumer 'COURT OF COMMON PLEAS ~ Discount Company =CIVIL DIVISION ~I 577 Lamont Road :Cumberland County ', Elmhurst, IL 60126 Plaintiff :MORTGAGE FORECLOSURE v. ~, Jeannie Mohmand a/k/a Jeannie NO. 07-4723 Civil Term B. Mohmand 4020 Lisburn Road Mechanicsburg, PA 17.055 - I Defendant (s ) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) Jeannie Mohmand a/k/a Jeannie B. Mohmand for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $432,012.70 Interest Per Complaint 21,069.40 From 8/9/2007 to 4/8/2008 Late charges per Complaint 1,172.56 From 8/9/2007 to 4/8/2008 TOTAL $454,254.66 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDRE/N~-~~LAW OFFI~CjES~j P . C . Attorneys ~for"~rairiti"`ff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS DATE : (~'~.,lp,,,`~' ~ a? (h ~ INDICATED -PRO P HY UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com Household Finance Consumer =COURT OF COMMON PLEAS Discount Company €CIVIL DIVISION Plaintiff :Cumberland County v. 'MORTGAGE FORECLOSURE Jeannie Mohmand €NO. 07-4723 Civil Term a/k/a Jeannie B. Mohmand Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $454,254.66 Interest From 4 9 08 12,779.80 to Date of Sale 9 3 08 Ongoing Per Diem of 86.35 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. Att~irneys for 111a3ritif~- MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ~ (~ ~. ~ ~_. ~ ~~ . c a f r.~, ~ t F L;., ~ .; ~ _~yr~ ~ c~ t~ [,) 1 ,v ~ ~ ~ rr. ~~ ~~ ~ ~ ~ ~ J ~ ~ ~t1 `r J" ~~ ` ~~ v J L =J V `~J ~~ ~~~ J~- M ° ~ ,~ ,-~ ~ -~, --C~ ,.~ M .~ J 1 /t,,. ~ ~ d /~~ u ~? ._> ; /> rl ~~ a t, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-4723 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff (s) From JEANNIE MOHMAND, A/K1A JEANNIE B. MOHMAND (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$454,254.66 Interest $12,779.80 Atty's Comm Atty Paid $162.36 Plaintiff Paid Date: Apri18, 2008 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs Curt' R. Long, Pr otary By: Deputy REQUESTING PARTY: Name CHANDRA M. ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C., WOODCREST CORPORATE CENTER, 111 WOODCREST ROAD, SUITE 200, CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Household Finance Consumer :COURT OF COMMON PLEAS Discount Company ':CIVIL DIVISION Plaintiff :Cumberland County v. :MORTGAGE FORECLOSURE Jeannie Mohmand a/k/a Jeannie €NO. 07-4723 Civil Term B. Mohmand Defendant(s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and ghat the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of lE Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN/LAW OFFICES, P.C. Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ti.~~ ~. : r- ~-. .'' . ~' ~ ~. tii.- -, ,, , - t ,. e~ ~ ' ~ ~ y ~ta. ; ? ~ c~ MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com Household Finance Consumer €COURT OF COMMON PLEAS Discount Company ;CIVIL DIVISION Plaintiff :Cumberland County v. MORTGAGE FORECLOSURE Jeannie Mohmand a/k/a Jeannie €NO. 07-4723 Civil Term B. Mohmand Defendant(s) UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF AFFIDAVIT PURSUANT TO RULE 3129.1 Household Finance Consumer Discount Company Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4020 Lisburn Road (Lower Allen Township), Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Address Jeannie Mohmand a/k/a 4020 Lisburn Road Jeannie B. Mohmand Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address The Harrisburg Academy Members 1st Federal Credit Union 10 Erford Road Wormleysburg, PA 17043 5000 Louise Drive Mechanicsburg, PA 17055 1~ 4. Name and address of record: Name of the last recorded holder of every mortgage Household Finance Consumer Discount Company ACCO York Federal Credit Union c/o Edward A. Paskey, Esquire Address to Follow 5. Name and address of every other person who has any record .lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue Address 577 Lamont Road Elmhurst, IL 60126 1529 Rodney Road York, PA 17404 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 4020 Lisburn Road (Lower Allen Township) Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C:S. sec. 4904 relating to unsworn falsification to authorities. DATED: April 8, 2008 UDREN LAW OFFICES, P.~C. Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ,,~~ ~~ ~, ~ Y. ` ~' ~ EtY ~ ~ '`~ tl'.r tY C.i UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com Household Finance Consumer =COURT OF COMMON PLEAS Discount Company ;CIVIL DIVISION Plaintiff :Cumberland County v. =MORTGAGE FORECLOSURE Jeannie Mohmand a/k/a Jeannie ENO. 07-4723 Civil Term B. Mohmand Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeannie Mohmand a/k/a Jeannie B. Mohmand 4020 Lisburn Road Mechanicsburg, PA 17055 Your house (real estate) at 4020 Lisburn Road (Lower Allen Township), .Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on September 3, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd-Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $454,254.66, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered: You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ti YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER_ RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff tYie full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 z.C7 ~,, ~ `f •• - C.? ~ - +~ L-J ~ '~ .Mf ... ` J ' / ~ _ 1 ~ ~ l i ~) t ~~ ,. ~ l.L ~ ; M:C ''. ~:..i , ~ C~ ' V7 N UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER __ 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Household Finance Consumer :COURT OF COMMON PLEAS Discount Company :CIVIL DIVISION Plaintiff :Cumberland County v. Jeannie Mohmand a/k/a Jeannie NO. 07-4723 Civil Term B. Mohmand Defendant(s) T0: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Jeannie Mohmand a/k/a Jeannie B. Mohmand PROPERTY: 4020 Lisburn Road (Lower Allen Township) Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on September 3, 2008, at 10:0.0 am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ALL THAT CERTAIN piece or parcel of land situate in. Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with survey made July 7, 1966 by D. P. Raffensberger, Registered Surveyox, as follows, to wit: BEGINNING at a point in the center line of the public road leading from Lisbuw to Slane Hill, L.R. 21014, at the northeast comer of lands now or formerly of Harry Deckman; thence along said lands now or formerly of Harry Deckman and lands now or late of Mary Herr, North.~hty-four (84) degrees fifteen (l5} minutes West five hundred sixty (560} feet to an iron pin; theme along other Lands now or formerly of George H. and Martha lvi. Lenker, of which the tract of land herein described was a part; North thirty-eight (38) degrees thirty (30) minutes East five hundredthirty-eiglrt (538) feet to a point in the center line of the aforesaid public road; fence along the centex line of the.. _ aforesaid public road $auth forty-seven (47} degrees nineteen (19) minutes East two hundred twenty-eight {228} feet to a poi~st; thence further by same South twenty (Zfl) degrees forty-seven (47) minutes East two hundred thirbean and urns-t~entihs (213.9) feet to a point; thence still by the. center line of the aforesaid public road South seven (7} degrees thirty (30) minutes West one hundred fifteen and six-tenths (J.15.6) feet to the point and place of BEGINNING. CGNTATNING three and one-half (3 1/2) acres of land, mare or less. HAVING 'THEREON erected a two story brick ranch type dwelling known and numbered 4020 Lisburn Road, Mechanicsburg, Pennsylvania. BEING KNOWN AS: 4020 LISBURN ROAD (LOWER ALLEN TOWNSHIP) MECHANICSBURG, PA 17055 PROPERTY ID NO.: 13-11-0270-040 TITLE TO SAID PREMISES IS VESTED IN JEANNIE B. MOHMAND, AN INDIVIDUAL PERSON, BY DEED FROM NAE H. PARK AND WON J. PARK, HUSBAND AND WIFE, DATED 2/1/2005 RECORDED 2/.8/2005 IN DEED BOOK 267 PAGE 2319. >_ 4.r~ cr_; c~ _ h 13.3 ~ ~ -' ~ ^. ~~ _... a_ ~ Z• i~ ,'`_: `~ ~ ~! f.%.. 1 ~.,t ~. , ye ~ ~ .. j ~ p `.. ~ ~ N ~ UDREN LAW OFFICES P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINS DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Household Finance Consumer :COURT OF COMMON PLEAS Discount Company :CIVIL DIVISION Plaintiff €Cumberland County v. -=MORTGAGE FORECLOSURE Jeannie Mohmand a/k/a Jeannie €N0. 07-4723 Civil Term B. Mohmand Defendant (s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Household Finance Consumer Discount Company Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4020 Lisburn Road (Lower Allen Township), Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Address Jeannie Mohmand a/k/a 4020 Lisburn Road Jeannie B. Mohmand Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address The Harrisburg Academy Members lst Federal Credit Union 10 Erford Road Wormleysburg, PA 17043 5000 Louise Drive Mechanicsburg, PA 17055 c/o Karl M. Ledebohm, Esquire 90-A Getrow Lane New Cumberland, PA 17070 4. Name and address of the last recorded holder of every mortgage of record: Name Address Household Finance Consumer Discount Company 577 Lamont Road Elmhurst, IL 60126 ACCO York Federal Credit Union Deutsche Bank National Trust Company 1529 Rodney Road York, PA 17404 c/o Edward A. Paskey, Esquire 2675 Eastern Boulevard York, PA 17402-2905 460 Sierra Madres Villa Avenue Suite 101, Pasadena, CA 91107 c/o Francis S. Hallinan, Esquire 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 5. Name and address of every other person who has any record lien on the property: Name Address The Township of Hampden 230 South Sporting Hill Road Mechanicsburg, PA 17055 c/o Keith Orr Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 170555 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 4020 Lisburn Road (Lower Allen Township) Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: May 30, 2008 UDREN LAW OFFICES, P.C. BY :~ 066 ~ Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-fi69-5400 Household Finance Consumer Discount Company Plaintiff v. Jeannie Mohmand a/k/a Jeannie B Mohmand Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-4723 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Jeannie Mohmand a/k/a Jeannie B. Mohmand PROPERTY: 4020 Lisburn Road, (Lower Allen Township) Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on September 3, 2008, at 10:00 am, at the Commissioners Hearing room, 2ND Floor, Courthouse, Carlisle, Pa. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the .Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT q ami LL N Y co r N ~~ _ °' N~ a N ~ N ~ NLL Oa ~ N OLJ ~ N p W a, Um. )'t4 ym ~ uE'o c N 6' ~ ~ -~ G ~~ C m dfJ N~.g ti ~O ~b a ~= ~~~ d H ~ ~ cc7 O i C . 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O ` ` r 0 ~ ~ r CQ ~ Q ~ a C 0 aM W r.~ .; T r s d E 0 v a a 0 ~~ ~~ .~ ~a N ~ y p. o~ ~ m E r u°- ~~ ~ ~~ a EXH~g~T A ~ r ~ Q ~'_. -~- ~ wt L; ~"'~ 1 +~ '- ~~ f A ~ i ~ ~ ~~"~ "I~~ ~.. ~ ~ ' ~~~'i f ~ .. ~ y p s 1 ~ i~> '' S= ~ ` G Lr= x' .+ ~. iJDRSN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. IIDREN, ESQIIIRE - ID #04302 STIIART WINNEG, ESQIIIRE - ID #45362 LORRAINE DOYLE, SSQIIIRS - ID #34576 ALAN M. MINATO, SSQIIIRS - ID #75860 CHANDRA M. ARRSMA, ESQIIIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SIIITS 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Household Finance Consumer :COURT OF COMMON PLEAS Discount Company :CIVIL DIVISION 577 Lamont Road :Cumberland County Elmhurst, IL 60126 Plaintiff v. Jeannie Mohmand a/k/a Jeannie B. Mohmand NO. 07-4723 Civil Term 4020 Lisburn Road Mechanicsburg, PA 17055 Defendant(s) AFFIDAVIT OF SERVICE PIIRSIIANT TO Pa.R.C.P.RIILS 3129.1 Plaintiff, by itsjhisjher Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: June 2, 2008 UDR L/AyWnO~FIFICES~,} P.~C/J./~/~~ Attorneys Ior Plaintiff- " MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE d ~' , ~ w c . ~ t~: ~;~r,. "- . .. ,, ~~ p~ , ~~ i,_ ~~ '~~ ~ ,~~ ~m ~~ ---t ~ ~~ ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which HSBC Mortgage Ser Inc is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 202008, under and by virtue of a writ Execution issued on the 8th day of April, A.D., 202008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 4723, at the suit of Household Fin C D C against Jeannie aka Jeannie B Mohmand is duly recorded as Instrument Number 200835304. A~order of Dads, Cumb~Auid County Caritl~, PA AlY Corn-nission t:xpinw Mw FMst t-londry ot,hn. 2Qt0 IN TESTIMONY WHEREOF, I have h~ unto set my hand and seal of said office this ra~~5 day of Household Finance Consumer Discount Company In the Court of Common Pleas of VS Cumberland County, Pennsylvania Jeannie Mohmand a/k/a Jeannie B. Mohmand Writ No. 2007-4723 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on May 16, 2008 at 2033 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeannie Mohmand a/k/a Jeannie B. Mohmand, by making known unto Jeannie Mohmand personally, at her place of employment, 204 North Hanover Street, Cazlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 18, 2008 at 1610 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeannie Mohmand a/k/a Jeannie B. Mohmand located at 4020 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeannie Mohmand a/k/a Jeannie B. Mohmand by regular mail to her last known address of 4020 Lisburn Road, Mechanicsburg, PA 17055. This letter was mailed under the date of July 14, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Cazlisle, Cumberland County, Pennsylvania on September 3, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Chandra Arkema, on behalf of HSBC Mortgage Services, Inc. It being the highest bid and best price received for the same, HSBC Mortgage Services, Inc., of 636 Grand Regency Blvd., Brandon, FL 33510, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,105.37. Sheriff s Costs: Docketing $30.00 Poundage 21.67 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 19.00 Levy 15.00 Surcharge 20.00 Law Journal 413.00 Patriot News 404.06 Shaze of Bills 17.64 Distribution of Proceeds 25.00 Sheriff s Deed ...49.50 $1,105.37 u~~ o,,, ,~. `I 8 ~ a- spa ~~~a~p ~„ ai~~p~ So Answer • .~ ~~ R. Thomas Kline, Sheriff BY ° ~ I~ -~~-~ Real Estate S rgeant ~ ~' ,. UDRBN LAW OFFICES, P.C. - ATTORNEY FOR PLAINTIFF- NARK J. UDREN, ESQUIRE - ID #04302 3TUART VPINNEG, E3QIIIRE - ID #45362 LORRAINE DOYLE, 88QD'IRE - ID #34576 ALAN M. ffiINATO, E3QIIIRE - ID #75860 CHANDRA M. ARRENA, E3QIIIRE - ID #203437 ~-„ WOODCR83T CORPORATE CENTER .' 111 WOODCRE3T ROAD, SUITE 20 0 ~'"--~' x" CHERRY HILL, NJ 08003-3620 `" ~ - ~ :~ 856-669-5400 ~" ~ ~ rnj pleadingsQudrea.com ~,~~, ~ e7= Household Finance Consumer =COURT OF COMMON PLEAD"~~ = a~ ~~"' Discount Company .CIVIL DIVISION ~ c~ __ _ Plaintiff ;Cumberland County "`~ v. ?MORTGAGE FORECLOSURE Jeannie Mohmand a/k/a Jeann ie '-NO. 07-4723 Civil Term B. Mohmand Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Household Finance Consumer Discount Company Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following. information concerning the real property located at: 4020 Lisburn Road (Lower Allen Township), Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Address Jeannie Mohmand a/k/a 4020 Lisburn Road Jeannie B. Mohmand Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address The Harrisburg Academy Members 1St Federal Credit Union 10 Erford Road Wormleysburg, PA 17043 5000 Louise Drive Mechanicsburg, PA 17055 ~ ,, -. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Household Finance Consumer 577 Lamont Road Discount Company Elmhurst, IL 60126 ACCO York Federal 1529 Rodney Road Credit Union York, PA 17404 c/o Edward A. Paskey, Esquire Address to Follow 5. Name and address of every other person who has any record lien on the property: Name Address N4NE -- - __ __. _ _ - __ __ 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address. Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 4020 Lisburn Road (Lower Allen Township) Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C:S. sec. 4904 relating to unsworn falsification to authorities. DATED: April 8, 2008 UDREN/IL~jAW yO~FFICES~,'y ~P~jC . Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ,~ UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, 85QUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 -. - WOODIIREHT CORPORFiTi~~-~ENfiLR_ . _ _ 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF _ N pleadings~udren.com ~ ~ ~i Household Finance Consumer Discount Company __. Plaintiff v. Jeannie Mohmand a/k/a Jeannie B. Mohmand Defendant (s) ~;; E COURT OF COMMON PLEAS ~"~ s~' Y ;.., . CIVIL DIVISION `~ ~`~' a __~.... _- ...__. _._ .. __-_._.- _.... ..... ~~ y..c. ,Cumberland County ~,, .-- .. ?~ ., _N i. MORTGAGE FORECLOSURE _: ~ `1 r.° NO. 07-4723 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TOc Jeannie Mohmand a/k/a Jeannie B. Mohmand 4020 Lisburn Road Mechanicsburg, PA 17055 ap• -~' ~ ~. lbw --L--L. ~ ; ~~ ~ ~ Your house (real estate) at 4020. Lisburn Road (Lower Allen Township), .Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on September 3, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd-Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $454,254.66, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNRR'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate actioa: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay; you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered: You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will. have of stopping the sale. (See notice on page two on how to obtain an attorney.) _, _ _._ - YOII MAY STILL BE ABLE TO SAVE YOIIR PROPERTY AND YOII HAVE OTH R RIGHTS EVEN IF 'THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. - - 2. Yau may-be able-to petition the Court to set aside the sale-i€ the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you -will remain the--owner of the-property as if the sale never- -- happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring-legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CI~RTAIN piece ox parcel of land situate in. Lower Allen Township, County of Cumberland, Commonwealth of Pea~nsylvania, bounded and described in accordance witch survey made July 7, 1966 by D. P. Raffensbergor, Registered Surveyox, as follows, to wit: BEGINNING at a point in the carter line of the public road leading from Lisburn to State Hill, L.R. 21014, at tix narthesrst corner of ]ands now or formerly of Harry Dec~man; thence along said Viands now or fonmterly of Harry Deokman and lands now or late of Maly Herr, North.eighty-four (84} degrees fiReen (15) minutes West Stve hundred sixty (560) feet to an iron pin;; thence along other lands now or fvnnerly of Qea~rge H, and Martha M. Lenker, of which the tract of land herein described was a part, North thirty-eight (38) degrees #hiriY C3Q) minx~as East SNe hundred thnY-ai8ht (538) feet to a point, in the line of the aforesaid public road; thence along the cerrtar Line of the. aforesaid public road 9outla forty seven {47} degrees ninstear (19) minutes East two hundred twenty-eight {228} feet to a pout; thence further by same Souk twarly {20) degrees forty-seven {47) miraibcs Feast two hundred thirteen and nines (213.9) foot to a point; thence -still by the center line of the aforesaid public road South -seven (7) degrees thirty (30) minutes West one hundred fi~ and .six-tenths (1 Z5.6) feet to t6te point and place of BfiGINNING. CO1~lTAINING three and one-half (3 1/2 }acres of land, moro or less. HA'VIlV'G TIILREON erected a two story brick ranch type dwelling ka~own and numbered 4020 Lisburn Road, Mechanicsburg, Pennsylvania. BEING KNOWN AS: 4020 LISBURN ROAD (LOWER ALLEN TOWNSHIP) MECHANICSBURG, PA 17055 PROPERTY ID NO.: 13-11-0270-040 TITLE TO SAID PREMISES IS VESTED IN JEANNIE B. MOHMAND, AN INDIVIDUAL PERSON, BY DEED FROM NAE H. PARK AND WON J. PARK, HUSBAND AND WIFE, DATED 2/1/2005 RECORDED 2/.8/2005 IN DEED BOOK 267 PAGE 2319. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-4723 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff (s) From JEANNIE MOHMAND, A/K/A JEANNIE B. MOHMAND (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$454,254.66 L.L.$.50 Interest $IZ,779.80 Atty's Comm Atty Paid $162.36 Plaintiff Paid Due Prothy $2.00 Other Costs Date: Apri18, 2008 (Seal) REQUESTING PARTY: Corti .Long, Pro By: Deputy Name CHANDRA M. ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C., WOODCREST CORPORATE CENTER, 111 WOODCREST ROAD, SUITE 200, CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 Real Estate Sale # 39 On May 14, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 4020 Lisburn Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 14, 20f?$ sy: ~ ~ _ ~ .._ _ Real Esta Sergeant ~~0 `~' d ° - aan 8001 J ~ t"~T'3 ~~~ _ _ W ~' The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE c~he~lahiot Netus Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the ofi:lce for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book. ~M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 ~1~I'~au 07!30/08 08/06/08 a~oNwear.TH o~ ~-YNSnva~rw ~'o,,,~p,6,~ ~ Cannes E~ Nbr. ~ Member, PMaMwnh M~odaUon of N ahuNs Real Estate Sale No. 39 Writ No. 2Ql?7-4723 Civil Term Household Finance Consumer Discount Company VS Jeannie Mohmand a/k/a Jeannie B. Mohmand Attorney Chandra Arkema LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in. LowerAllenTownship, Countyof Cumberland, Commonweal[hof Pemrsylvania, bounded and described in accordance with survey made July 7,1966by D. P. Raffensberger, Registered Surveyor, as follows, to wit: BEGINNING at a point in the center line of the public road leading from Lisburn to Slate Hill, L.R. 21014, at the northeast comer of lands now or formerly of Hany Deckman; thence along said lands now or formerly of Hatry Deckman acid ]ands now or late of Mary Herr, North eighty-four (84) degrees fifteen (15) minutes West five hundred sixty (560) feet to an iron pin; thence along other lands now or formerly of George H. and, Martha M. I,enker, of which the tract of land herein described was a paR; North thirty-eight (38) degrees thirty (30) minutes Fast five hundred thirty-eight (538) feet to a point, in the center line of the aforesaid public road; thence along the center hne of the aforesaid public road South forty-seven (47) degrees nineteen (19} minutes East two hundred twenry- eight (228) feet to a point; thence further by same Soutt twenty (20) degrees forty-seven (47) minutes East two hundred thirteen and nine- tenths (213.9) feet to a point; thence still by the center line of the aforesaid public mad South seven (7) degrees thirty (30) minutes West one hundred fifrcen and six-tenths (1I5.~ feet to the point and place of BEGINNING. CONTAINING three and one-half (3 1/2) acres of land, more or less. HAVING THEREON erected a two story brick ranch type dwelling known and numbered 4020 Lisburn Road, Mechanicsburg, Pennsylvania. BEING KNOWN AS: 4020 Lisburn Road(LowerAllenTownship) Mechanicsburg, PA17055 PROPERTY ID N0.:13-11-0270-040 TLTLE TO SAID PREMISES IS VESTED IN 'EANNIE B. MOHMAND, AN INDIVIDUAL ~'ERSON, BY DEED FROM NAE H. PARK ANDWONJ. PARK, HUSBAND ANDWIFE, SATED 211!2005 RECORDED 2/8/2005 IN EED BOOK 267, PAGE2319. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Cazlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regulazly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, July 25, and August 1, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and chazacter of publication aze true. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 1 day of August. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Publlo CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE BALE 1i0. 39 Writ No. 2007-4723 Civil Household Finance Consumer Discount Company vs. Jeannie Mohmand a/k/a Jeannie B. Mohmand Atty.: Chandra Arkema ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accor- dance with survey made July 7, 1966 by D. P. Raffensberger, Registered Surveyor, as follows, to wit: BEGINNING at a point in the center line of the public road lead- ing from Lisburn to Slate Hill, L.R. 21014, at the northeast corner of lands now or formerly of Harry Deckman; thence along said lands now or formerly of Harry Deckman and lands now or late of Mary Herr, North eighty-four (84) degrees fifteen (15) minutes West five hundred sixty (560) feet to an iron pin; thence along other lands now or formerly of George H. and Martha M. Lenker, of which the tract of land herein described was apart, North thirty-eight (38) degrees thirty (30) minutes East five hundred thirty-eight (538) feet to a point in the center line of the aforesaid public road; thence along the center line of the aforesaid public road South forty- seven (47) degrees nineteen (19) min- utes East two hundred twenty-eight (228) feet to a point; thence further by same South twenty (20) degrees forty-seven (47) minutes East two hundred thirteen and nine-tenths (213.9) feet to a point; thence still by the center line of the aforesaid public road South seven (7) degrees thirty (30) minutes West one hundred fif- teen and six-tenths (115.6) feet to the point and place of BEGINNING. CONTAINING three and one-half (3 1/2) acres of land, more or less. HAVING THEREON erected a two story brick ranch type dwelling known and numbered 4020 Lisburn Road, Mechanicsburg, Pennsylva- nia. BEING KNOWN AS: 4020 LISBURN ROAD (LOWER ALLEN TOWNSHIP) MECHANICSBURG, PA 17055. PROPERTY ID NO.: 13-11-0270- 040. TITLE TO SAID PREMISES IS VESTED IN Jeannie B. Mohmand, an individual person, by deed from Nae H. Park and Won J. Park, husband and wife, dated 2/1/2005 recorded 2/8/2005 in Deed Book 267 Page ~~ia ~,, AMENDED RETURN ~.~ Household Finance Consumer Discount Company In the Court of Common Pleas of VS Cumberland County, Pennsylvania Jeannie Mohmand a/k/a Jeannie B. Mohmand Writ No. 2007-4723 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on May 16, 2008 at 2033 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeannie Mohmand a/k/a Jeannie B. Mohmand, by making known unto Jeannie Mohmand personally, at her place of employment, 204 North Hanover Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 18, 2008 at 1610 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeannie Mohmand a/k/a Jeannie B. Mohmand located at 4020 Lisburn Rd., Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeannie Mohmand a/k/a Jeannie B. Mohmand, by regulaz mail to her last known address of 4020 Lisburn Road, Mechanicsburg, PA 17055. This letter was mailed under the date of July 14, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that'after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Cazlisle, Cumberland County, Pennsylvania on September 3, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Chandra Arkema, on behalf of Household Finance Consumer Discount Company. It being the highest bid and best price received for the same, Household Finance Consumer Discount Company, of 636 Grand Regency Blvd., Brandon, FL 33510, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,105.37. Sheriffs Costs: Docketing $30.00 Poundage 21.67 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 19.00 Levy 15.00 Surcharge 20.00 Law Journal 413.00 Patriot News 404.06 Shaze of Bills 17.64 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 / i~~b3~o p ~-. $1,105.37 ~ .~ _~ Sao Answers: R. Thomas Kline, Sheriff BY V /IV~u.I~.., Real Estate ergeant ;v~ cud ~~.+%~u,r^N A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which HOUSEHOLD FIN C D C is the grantee the same having been sold to said grantee on the 3RD day of SEPT A.D., 2008, under and by virtue of a writ Execution issued on the 8TH day of APRIL, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 4723, at the suit of HOUSEHOLD FIN C D C against JEANNIE MOHMAND AKA JEANNIE B is duly recorded as Instrument Number 200836519. IN TESTIMONY WHEREOF, I /have hereunto set my hand and seal of said office this / ~ day of A.D. c~ O~ C ~~ Recorder of Deeds ~>~ Cumb~hnd County. Ctni~M, PA ~lon E~irw t~ Fht try of Jm. 2010 .~ AMENDED RETURN Household Finance Consumer Discount Company In the Court of Common Pleas of VS Cumberland County, Pennsylvania Jeannie Mohmand a/k/a Jeannie B. Mohmand Writ No. 2007-4723 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on May 16, 2008 at 2033 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeannie Mohmand a/k/a Jeannie B. Mohmand, by making known unto Jeannie Mohmand personally, at her place of employment, 204 North Hanover Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert, Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 18, 2008 at 1610 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeannie Mohmand a/k/a Jeannie B. Mohmand located at 4020 Lisburn Rd., Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeannie Mohmand a/k/a Jeannie B. Mohmand, by regular mail to her last known address of 4020 Lisburn Road, Mechanicsburg, PA 17055. This letter was mailed.under the date of July 14, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Chandra Arkema, on behalf of Household Finance Consumer Discount Company. It being the highest bid and best price received for the same, Household Finance Consumer Discount Company, of 636 Grand Regency Blvd., Brandon, FL 33510, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,105.37. Sheriffs Costs: Docketing $30.00 Poundage 21.67 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 19.00 Levy 15.00 Surcharge 20.00 Law Journal 413.00 Patriot News 404.06 Share of bills 17.64 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 / ~r~o 3/o P ~-~. $1,105.37 r- So Answers: ,,~` R. Thomas Kline, Sheriff BY ~,J -~Vwl~.. Real Estate ergeant i ~ OB - -~.7a3 ~ivil ~>~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~~~ day of ~QIJC~'~Qt~-~ , 2008, by and between Daniel Kintzel, of Perry County, Pennsylvania, and Cheri Kintzel, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Daniel Kintzel, (hereinafter called "Husband") currently resides at 13 Willow Street, Marysville, PA 17053; and WHEREAS, Cheri Kintzel (hereinafter called "Wife") currently resides at 21 Creekside Drive, Enola, PA 17025; and WHEREAS, the parties hereto are husband and wife, having been lawfully married on October 19, 2002; and WHEREAS, the parties have lived separate and apart since on or about July 1, 2008; and WHEREAS, one child was born of the marriage between the parties, namely, Samantha Kintzel, born February 5, 2004; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another, and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, ,~ the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. During the said separation, the parties shall have the right to live as though they were unmarried, and their conduct during the separation shall not give rise to additional grounds for divorce which do not presently exist. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist, or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences, which acts have occurred prior to or which may occur subsequent to the date hereof. 2. CONSIDERATION FOR AGREEMENT. The consideration for this contract and agreement is the mutual benefits to be obtained by each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. r 3. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from John F. King, Esq., and Wife acknowledges that this Agreement has been prepared by counsel selected by Husband, to wit, John F. King, Esq., and he has advised her that she has the absolute right to be represented by separate and independent counsel of her choosing to advise her in the within matter, and John F. King, Esq. has strongly recommended to Wife that she secure said counsel. By executing the within Agreement, Wife acknowledges that she understands his/her right to said counsel and has consulted with said counsel or is voluntarily choosing not to do so. By executing the within Agreement, Wife waives any claim for conflict of interest which she could otherwise assert against John F. King, Esq. and the firm of Friedman & King, P.C. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation, and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 4. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is awaze of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of mazital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such aze held jointly, in the name of one party alone, or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not awaze of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 5. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage, and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband has filed a divorce complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to number 08-4723. The parties agree that each will execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Husband may finalize the divorce action in a timely fashion. 6. EQUITABLE DISTRIBUTION. A. Real estate: The parties are the owners of real estate located at 13 Willow Street, Marysville, PA 17053 (hereinafter called "subject premises"). The parties presently have the house listed for sale and it is the intention of both parties to sell the subject premises as soon as possible. The proceeds from the sale of the subject premises shall be used to pay any outstanding and all mortgages and notes encumbering said property, as well as to pay any outstanding real estate taxes. Any remaining proceeds will be split equally between the parties. B. Furnishings and personalty: The parties agree that they have divided by agreement between themselves all furnishings and personalty located at subject premises, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances, and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife, and Wife shall retain sole and exclusive ownership of all furnishings and personalty currently in her possession, free and clear of any right, title, claim and/or interest of Husband. C. Vehicles: Husband is the owner of 2004 Avalanche. Wife is the owner of a 2007 Saturn Aura. Each party shall retain sole and exclusive possession of the vehicle of which said party is described as "owner" above, and shall likewise be solely responsible for any encumbrances thereon. Each party shall cooperate by executing all Penndot and other documents necessary to effectuate the intent of the within paragraph. D. Miscellaneous Property: As of the execution date of the within Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. E. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. F. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. G. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. H. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assume by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. I. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. J. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorney's fees, incurred in the event of breach hereof. 7. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, relative to any such previously jointly-filed returns, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense intoned in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent or his or her separate income on the aforesaid joint returns. 8. CUSTODY. The parties agree that the physical custody of their child shall be with Mother and that Father shall have visitation. Both parties agree that it is vital to their child's wellbeing that she maintain close relationships with both parents, and to that end, both parents will encourage their child to bond with the other parent, and neither parent will disparage or malign the other parent in the presence of the child. It is specifically acknowledged that this Agreement reflects the present intention of the parties and is in no way to be construed to create any presumption that the child's best interests dictate that she remain in the custody of Mother. 9. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Except as provided below, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which either may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance of other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parry's obligation to contribute to the support and maintenance of the other. 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other, or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This wavier shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 12. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction all personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other, and the estate of the other, for all purposes, from any and all rights and obligations which either party may presently have or at any time hereafter will have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other, and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. E. The parties agree to elect to have the provisions of Section 1041 of the Internal Revenue Code apply to all qualifying transfers of property. The parties understand that Section 1041 applies to all property transferred between spouses or former spouses incident to divorce. The parties further understand that the effects for federal income tax purposes of having Section 1041 apply are that (1) no gain or loss is recognized by the transferor spouse/former spouse as a result of this transfer and (2) the basis of the transferred property in the hands of the transferee spouse/former spouse is the adjusted basis of the property in the hands of the transferor spouse immediately before the transfer, whether or not the adjusted basis of the transferred property is less than, equal to, or greater than the fair market value of the property at the time of transfer. The parties understand that if the transferee spouse/former spouse disposes of the property in a transaction in which gain is recognized, the amount of gain that is taxable may be larger than it would have been if this election had not been made. 13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated m any way. 16. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 17. WAIVER OF BREACH. The waiver by one party of any breach of this agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 18. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Daniel Kintzel C/o John F. King, Esq. 3 820 Market Street Camp Hill, PA 17011 and to Wife, if made or addressed to the following: Cheri Kintzel 21 Creekside Drive Enola, PA 17025 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 21. EFFECTIVE DATE. This agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF DIVORCE, EFFECT OF RECONCILIATION, SURVIVAL OF WARRANTIES. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. If any term, condition, clause or provision of this Agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, or provision or provisions, shall be so construed, it being the express intention of both parties hereto to have this Agreement govern their relationship now and hereafter, irrespective of their marital status. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 25. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney, and that Wife has waived the right to consult with an attorney despite being advised to do so; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement shall be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. aniel Ki z ~~ ~~~~ Cheri Kintzel ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF Ct,L./It,l~e,Q 4~d :ss On this, the~l5/-day of ~d11~~ ; 2008, before me a Notary Public, the undersigned officer, personally appeared Daniel Kintzel, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEAL'T'H D~ PENN31tLVANIA ''~ Ol'AR1AL SEAL ti~~ BARBARA E. I'AL6AER, Notary Public Notary Public ~ City of Harrisburg, Dauphin County My Commission Expires May 23, 2009 COMMO ~ NNSYLVANIA COUNTY OF C.F•(-i'til ~J ~~L.~N2~- :ss On this, the~day ofy(~t.Q~~., 2008, before me a Notary Public, the undersigned officer, personally appeared Cheri Kintzel, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~-• ,ON~EAL°i"H U~ PENNg1fLVANIA -~~'P4~fu-~ :~UMM~e...,~ Notary Public NU?ARIAt SEAL BARBARA E. PA! AAER, Notary Public City of yarrisburg, Dauphin County M~ ~~mmi~sinn ~xpires May 23, 2009 ~~* A .:? . i ..~ .wrs yy _.. ~`: va ._.. -~ . ~ ": i1i DANIEL KINTZEL, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 08-4723 CHERI KINTZEL :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ~-~~ Personally appeared before me, a Notary Public, in and for said Commonwealth and County, John F. King, Esquire, Attorney for the Plaintiff, who, being duly sworn according to law, deposes and says that a Certified copy of the Complaint in Divorce in the above-captioned matter was served upon Defendant, on August 9, 2008, as e ' b the atta hed acceptance of service. ~~~` ,; John F. King, Esquire Sworn and subscribed to before me this day of November, 2008. Notary P lic ~~-~`-®- ~--~M- ~H.WEALTH OF PgyHSYLVANIA -aora~iA~ sEa~ ~ ,_, ~, ::, ;: r~ '-~ SEMANS, Notary public ~~=-'''~ sburg, Dauphin County r Z ~ %~ =v:~. J ~ ."S~`~ ' f _. ~. v` Y +~Ml ~~i DANIEL KINTZEL, : IN THE COURT OF COMMON PLEAS Plaintiff, : OF THE 41ST JUDICIAL DISTRICT OF :PENNSYLVANIA PERRY COUNTY BRANCH v. CHERIKINTZEL, :NO. Off! ~'~2~ Defendant. :CIVIL ACTION -LAW DIVORCE ACCEPTANCE OF SERVICE I, Cheri Kintzel, hereby acknowledge that I received a copy of the Divorce Complaint filed in the above matter on ~ P ~, Cheri Kintzel ~+~ ~r ' ~ a .. _. ~~ ~~` 7 DANIEL KINTZEL, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-4723 CHERI KINTZEL :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 6, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: November ~, 2008 C~~ Cheri Kintzel, De endant ~M: ~ - r ... ;~.` ~~ ;~ .p ~ ,; r, -- `=- ~: ~,.g >~...~ ~. ~',~ ..' DANIEL KINTZEL, Plaintiff v. CHERI KINTZEL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4723 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3301(D) OF THE DIVORCE CODE l . I consent to the entry of a final Decree of 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. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: November, 2008 ~~ Cheri Kintzel, De endant ., 9 "..'^7 s .. _.. . J .: "`{ "a. ? ti " DANIEL KINTZEL, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v NO. 08-4723 CHERI KINTZEL :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 6, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: November ~, 2008 aniel Ki ,Plaintiff ~ ~~. ~.-~ _. ~-_ : .> = ~, _ i~; `ta N` „y: ' _-. <, -~ .. '" s DANIEL KINTZEL, Plaintiff v. CHERI KINTZEL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4723 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of 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. 4. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: November ~, 2008 ~ aniel King aintiff -; r~ ~~ r -~ ~`~ :~_ ;,,~ r:~ ~,~ .... ~=~` DANIEL KINTZEL, Plaintiff v. CHERI KINTZEL Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4723 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: August 9, 2008, acceptance of service. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff November 21, 2008; by Defendant November 21, 2008. 4. Related claims pending: There are no related claims pending. 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: N/A (b) Date Flaintiff s Waiver of Notice was filed with the Prothonotary: November 24, 2008. Date Defendant's Waiver of Notice was filed~ti the Prothonotary: November 24, 2008. ~ o~ ~ r;..__,~`: John~'F. ing, Esquire '~ Attc~ney for Plaintiff ~. /