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HomeMy WebLinkAbout07-6754- UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Franklin Credit Management :COURT OF COMMON PLEAS Corporation :CIVIL DIVISION 101 Hudson Street =Cumberland County Jersey City, NJ 07302 Plaintiff V. Robert W. Kohut Janice M. Kohut f/k/a Janice € NO. brf54 Civi ` &oi M. Kunkle 1363 Kiner Blvd Carlisle, PA 17013 Defendant(s) CIVIL ACTION/COMPLAINT ON A PROMISSORY NOTE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD 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 LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. 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 demanders 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 o 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 IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE.SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 (856) 669-5400 r ,r 1. Plaintiff is the Corporation designated as such in the caption on a preceding page and is the Holder, Endorsee, and/or is an assignee of a Note, secured by a Mortgage then it is such by virtue of the following recorded and/or unrecorded assignments: Assignor: Community Bank of Northern Virginia Assignments of Record to: Empire Funding Corporation an Oklahoma Corporation doing business in California as Empire Funding Corp. Recorded: LODGED FOR RECORDING Assignor: Empire Funding Corporation an Oklahoma Corporation doing business in California as Empire Funding Corp. Assignee: Franklin Credit Management Corporation 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. 3. On or about the date appearing on the Note 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 Note, which Note was executed and delivered to Plaintiff as evidence of the indebtedness. Attached hereto and made part hereof as Exhibit "A" is a true and correct copy of the Note. 4. Defendant(s) has/have defaulted with regard to the Note and Plaintiff has heretofore elected to declare the whole of the principal sum remaining unpaid together with interest thereon to become immediately due and payable and by the filing of this Complaint, Plaintiff has confirmed said election. 5. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Note 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 Note as of 10/19/07 Principal of debt due and unpaid $38,644.15 Interest at 13.99% from 9/15/06 to 10/19/07 (the per diem interest accruing on this debt is $14.81 and that sum should be added each day after 10/19/07 5,916.14 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Fees 220.00 Attorneys Fees (anticipated and actual to 5% of principal) 1,932.21 TOTAL $46,992.50 7. The attorney's fee set forth above are in conformity with the loan documents and Pennsylvania law. 8. If applicable, a Demand Notice and/or Notice of Intention to Foreclose under Act 6 of 1974 and/or the combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 of the Commonwealth of Pennsylvania 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 law, on the date appearing on the copy attached hereto as Exhibit"B", and made part hereof, and Defendant(s) have failed to proceed within the time limits allowed, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. 10 WHEREFORE, the Plaintiff demands judgment against the Defendant(s) herein in the sum of $46,992.50, plus interest, costs and attorneys fees as more fully set forth in the Complaint. By: Mark J`?Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 (Page 12 of 60) ' •I { t: NOTE 34ptamber 28, 1898 ' RBSTON, VIRGINIA PROPERTY ADDRESS: 1363 KINER BLVD . No.-98"00ibS66 CARLISLE, PA .17018 ?- 4 t promise to pay • U.S. 862,900.00 Ithis amount Is S 1.. BORROWER'S PROMISE TO PAY: In return for a loan that I have reaehred, called the "principal"), plus, Interest, to the order of the Lender. The Lender is ay COMMUNITY BANK OF NORTHERN VIRGINIA the I I Lm*nts tnddar this Note Is _called transfer this Note. The Lander or anyone who takes this Note by transfer and who is entitled to receive Now HoWer." the 2. i INTEREST: i will pay interest at; a, yearly rate of 13.990 %. Interest will be charged on unpaid principal until the full amount of principal has been paid. ' payments each month of U.S. 8704.14 1 will make my payments on the let 3. PAYMENTS: ' 1 egwill i h pay principal and Interest by making . I will make ties paymemwevery month until t have- paid all-of th&principal described mber below, 01w,, that 1898 i'may owe under this Note. If, on October 01, 2093 , 1 stM owe amounts day Interest and month b other r c ohear rges, November and In M under this Note, 1 will pay two amounts, in full, on-that date: I. win make my monthly payments at 111400 Conunmr m Park Drive, Ste. 110 i , RES-TON, VA 20190 or at a different place If required by the Note. Holder. 4. BORROWER'SMAILURE TO PAY AS REQUIRED: and of 10 (a), Lou Charge for Overdue Psymerds: 'If the Note Holder has. not received the fun amount of any of my monthly payments, the calendar days after'the date it is due will pay a late charge to the Note Holder. The amount of the, charge will be 5•0 of, my overdue but not loss then U.S. A = and not more than U.S. *SAO I win pay this late charge only once on each late payment. M)4 Oefaulft N I d=P%; he fun amount of each manthdir payment by the rite stated in Section 3 above, l will-be in defaWL Evan If, at a time when I am in Note Holder does not (squire me to pay In. full as described above, the Nate, Holder will still have the right to do so if I am in default at a later time. lo) NottEe From Note Holder. If I am in default, the Note Holder may send no a written notice telling me that if I do not trey the overdue and all amount by a' certain.date.the Note.Hokder may require me to ,pay Immediately the full-amount of-principal nowhich t mailer! which days alter paid all , 30 interest on•that amount. That date must be at least 30 days after the notice Is mailed to me or, which It is delivered to me. If I do,not cure the default, the No *Holtlar will have the rights which the law allows, including the right to require me to pay immediately the full. amount of principal which has not. been MW and all the Interest that t owe an that amount. [d) Prraut of Nois'Hotdeu:'s Coate and$Expensas:: if the:Note Holder has required me to pay Immediately in full- as described above, the.Note Holder weyrile have the right to be paid for ks costa and expenses to the extent not prohibited by applicable law. Those expanses Include, for example, reasonable attorneys' fees. s S.1HIS NOTE iS 'SECURP.D BY A MORTGAGE- In- addition to the ptatsctlons given to the Note Holder under this Note, a Mort age, dated'the same day as this Note, protects the Note-Holder from posslble lossea• which might result if t do not. keep the promises which-1 ma7ce it this Note. Tlist Mortgage describes, how and-under what conditions I may be required to make immediate payment in fun of an amounts that I owe under this.Nots. . 6.: BORROWER'S PAYNIENfS BEFORE THEY ARE IMM I -have the right to make payments of prirxr)pal at any time before they are due. A payment at pr I onir Is known as a "prern•' When I make a ymant, !win felt the NNote Holder in a loiter that I am doing to. A erepayment. Of al of than unpaid priuc(pal •is• n as a "full prepayment.-, A Prepayment of only pelt of the unpaid principal is known as a partial prepayment." I may make' a full prepayment or a payment without paying any. penalty. The Note Holder will use all of my prepayments to reduce On amount of principal that I owe par thispNotere. If I make a partial'prepayment, there will be no delays in the due data or changes in the amounts of my mordWy pay unless the Note. Holder spraw-In wring to those delays or changes. I may make a full -prepayment at any time. If 1• choose to make a partial tme er ^t, the Note Holder may, regtdre me-to make the prepayment on the same day that one, of my - man payments ire due. The Now H may also require that the amount of my partial prepayment be equal to the amount of principal that would have- been, part of my next ape or more monthly payments. 7. BORROWER'S WAIVERS: .I waive my rights ta:requtnt the Note, Molder to do•cartaln things. Those things are: JA) to demand payment of amounts due (known as Ppresentment"); (BY to give notice that amounts due have not been paid (knowp as "notice of dishonor"); (C) to obtain an official•certifloation otfi6n-p nt (known as a "protest"). Anyone-else who alp to keep the promisee made in this Note, or who agrees to make, payments to the Noter If I fan `to keep my' promises astder this Note, or who signs this Note to transfer A to .someone also also waives these rights. These•pereonp are known as "guarantors, eurades and endorsers." 8. = GIVING OF NOTICEM ' Any'notice that must be given to me under this Note will- be given by delivering it or mailing it by certifled man addressed' to me at+the Property.Address above., A notice will, be delivered or malted to me at a different addrsas If I give, the. Note Holder a notice of that. different address. ' Any notice that must bs'given to the. Note Holder under this Note will be given by maning it certified mail to the Note Holder at the l be. mailed tot the Note. Holder at a different address if I am given a notice of that different address stated in Section 3 AboYe. A nPtice wil address. 9.- RuPOINSIBILfI'Y OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the fun amou nt,owed and to keep all at the promises made In this Note. Any guarantor, surety, or andorser of this Note (as described in Section 7 above) is alsaobligated to do these things. The Note Holder may enforce-Rs rights under this Nate against each of us individually-or against all of us together. This means that any one of us may, be required to pay all of the amount owed under this Note. Any parson who takes over the rights or obligations of a guarantor, suretyr or endorser of this Note (as described In Section 7 above) is also obligated to keep-all of the.promdses made in this Note. X - • Ros>:RT w.ltoHUr . X JANME M K CE11111M D TRUE CpPY X - (Sign Original-Only) PENNSYLVANIA'-Second Mortgage -1/80 - FNMAIFHLMC UNIFORM 06-MUMENT - Form Management Systems Development, inc. (80019846060 Title-One EAer#&or12' PPA_NOTE Copyright fal 1994 (Page 13 of 60) ENDORSEMENT OF NOTE (WITHOUT RECOURSE) App No. 2R-98.001 5868 •0912811998 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned hereby endorses- to: EMPIRE FUNDING CORPORATION' AN OKLAHOMA CORPORATION DOING BUSINESS IN CALIFORNIA AS EMPIRE FUNDING CORP. all of Its/his/her rights, title and interest in and to the attached Note dated 0912811998 in the face amount of $52,900:00 . The Borrowers in said. Note are: ROBERT W. KOHUT AND JANICE M. KOHUT F/K/A JANICE M.. KUNKLE, HUSBAND AND WIFE Said Note is secured by a mortgage, deed of trust or security deed of the same date on real property located, at: 1'363 KINER BLVD CARLISLE, PA 17013 COMMUNITY BANK OF NORTHERN VIRGINIA (Endorser/Beneficiary/Mortgages) transfers all rights accrued or to accrue, under said Note and securing the mortgage, deed of trust or security deed' iir which. the undersigned-Endorser is the.Beneficlary/Mortgagee, and Borrowers are Trustors/Mortgagors. Endorser: COMMUNITY BANK OF NORTHERN VIRGINIA .Endorsement Date: 9-28-98 By: JOHN E. GRACE Title: GECONDARY MARRETTNr QrrT _RR Attestation pf mgzdn4 11 the. Secretary or Assistant Secretary of hereby certify that is the duly elected President or Vice President of and has, the requisite, corporate authority to execute this document and that the signature appearing above is. his/her genuine signature. Date: BY. Title: Management Systems Development, Inc. (800)9846060 Loan-Energizerl' 4ASSNN0TE0426/98co.nm/date) Copyright (c) 1994 (Page 16 of 60) N Assignment of Note Loan# 5056850 For valuable consideration, receiptofwhich ?he Db E ?wledges, the undersigned hereby sells, transfers, endorses, assigns and delivers WITHOUT all of its n , title and interest in and to the attached promissory note dated 0 9 / 2 8 / 9 8 in. the face amount o 52-,900.00 . The borrowers in said promissory note are: ROBERT W KOWT and JANICE' X ROM" Said promissory note is secured by a Mortgage, Deed of Trust or Security Deed ("Security Instrument') of the same date on real property located at: 1363 KINSR BOVLVnM CARLISLE, PA 17013 r(B78759 ent in he undersigned is the Beneficiary and the borrowers arc the Trusters. Dated: 10/06/98 i f EFC 4197 Form: D-20 Beneficiary: E=ire Funding Corp.. an Oklahoma corporation i By. zrimt?in Frederi , Asst. V.P. September 26, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HnMT OWNEROS MORTGAGE ASSISTANCE. PROGRAM (HF.MAI!) mny he We to help to cav your home- Thic Notice exnlsins how the gram works- This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 1 GA g HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Robert W. Kohut _. Janice M. Kohut fka_Janice M. Kunkle.,..___._ 1363 Kiner Blvd .. Carlisle PA 17013..,...___.?._.?._.._._.._.?....._.._.._._._....._ Communily_Bank of Northern Virginia Franklin Credit Management Corporation HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOTT MAY RF Fi iC.IRi.F FOR FiNANCIAI. ASSISTANCE. MMIC14 CAN SAVE YOUR HOME. FROM FORECLOSURE AND HELP YOU MAKE FITTiTRE MORTGAGE, PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE DACTO), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORE,Ci.OSITRE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THiS MEETING MUST OCCITR WITHIN NOTICE CALLED OHOW TO C1TR1E YOUR MORTGAGE DREAi1i.TO, EXPLAINS HOW TO BRING Y01 TR MORTGAGE ITP TO DATE CONSUMER CREDIT .OITNSFI, NG AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and el=hone numbers 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. APMI CATION FOR MORTGAGE. ASSISTANCE, -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your Page 2 of 2 face- to-face meeting. YOU MIST 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 can still apply for Emergency Mortgage Assistance.) NATURE. OF THE. DEFAITI.T -- The MORTGAGE debt held by the above lender on your property located at: 1363 Kiner Blvd Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monti Pa..?ments of 704.14 for October 15, 2006 throe h Se?tember_15,_2007..._= X8449.68 _Mont" Late_Chames of. 0 for October 15 2007 throuah'Se tember 152007 =$0.00 Other charges (explain/itemize): BPO=$85.00 _Other. Fec4135.00 -- - ..?._.r._.?._.?._.-.. __ __ _...._...._.. _ TOTAI. AMOUNT. PAST DUE: _.... _....?__._._.._ _._. _ ._..__..... _..__...... __._....._._....... -.._.__..... ?._..__._.__.._._$Q.(?$... B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not annli . hl .): WA HOW TO CITRF. THE. DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS .($, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must he mane either by cash, cashier's .heck., .ertified check or money order made hayahle and cent to- . You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not apnlirable_l: NA Page 3 of 3 IF YOU DO NOT CTTRF, 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 he mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to forecloc . anon your mortgaged propeEly. 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's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THMTY_(36) DAY period, you will not he required to pay a ey's fees- OTHER i,F.NDF.R REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CITRF, THE DEFAULT PRIOR TO SHERIFF'S SAi.E_, - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to 12.q)jng th total mo mt then Vast clue 121 us any late or other charg os then due, reasonable attorney's fees an coats onnected with the foreclosure Sale and any other costs, connected with the Sheriff's Salem, . ifie in writing by the lender and by pri forming any other requirements order the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARi,TEST POSSIBLE SHERIFF'S SALF, DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer: __._.__....-.._-...._ ....?._.__....__._____._._. Franklin Credit __....__..._-.... ...... Address: 101 Hudson Street _Jersey_City,_NJ 07302._.._ .....__.._._._....___....___._...--_..... _.__...._._._.._.._.-...... Phone Number: __..___._?_.__.....__.....___.....__. _1-800-255-5000 .......___.__....__....__..._._._.._._..... Fax Number: Contact Person: -..-Customer Service ...._-_..... ___........... __.-.--.-.--.... EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGF. - You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of 4 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 Page 5 of 5 .i .1 r • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 5414670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 O L 1 I . • a U? o 2 ? k O C =.nM M MM M Q --4 2: 0 C) :X) 0 o Z M fpp oMnrn (10 o ? n m g 0 m n z -I m s F r1i m m ?E O O M rl •??? r%- C3 r- 0 O r%- 0 ?i 1 Y F , + '0 W 1 C S• C _ pN O' LW6-000-M-OW NSd (es MOM) 9002 wn6ntl `0090 uuod Sd 'Ailnbul u¢ 6uRew uegM Il luessid Pue;dlem slyj aeeg :.LNtl180dwl llaw PUB 0614sod 4W legal X41a pua 40149P `Pepaeu;ou sl;dleoe, ire a?iplius e,d aseald a oodd slidles x,01 eol;lo ;sod e4; Is elo I W PeglUaO 84; uo )pvu.4sod ail ¦ 84; 4wh eoaldllaw a4; 3I,aw,o ),eio atp aslM?d #?g? ?o H. ;uewes,opue ,o oesse,ppa e4; o; pejol,;se, aq taw Aienllep eel leuoPRaeuaw,o? ¦ s,o1 'enoi Mla We en??oio?t u? ®SdSfl a `idlaoa, wn;a, a;adnp e et dI a wrnea. soeldln3u, es,opu3 ae; senoo o; eBe;s9 elgaolidda ppedpua 81?!ua etp o; (;L8E uuod Sd);d!eoea Me a 40aAe u a e dwoo asae? aotnies;diaoe o o flap 10 1oo, d eplno,d P?senbe, i ON ¦ o; eq ?Gew jdlaoey i usy s se! la;gleuol3!PP ue?aod a ,od Il ? aW Pel}!P?J 4a 4 0 ?O d S3 Jb?ti3?OO 3ONdk!(1SN 7law lauopawe;ul 10 ssalo Aue,o; elgallana sou sl IIaW P8pjap ¦ ®I!aW'441oMd,o ®I!aW sselO-;s,ld 4;!M peulgwoo eq klNO taw llayy pelpep ¦ opulu,eil luellodwl s,eaA on4 ,o; aolnieS I0490d 94; Aq WOO tienllaP 10 P,ooa, M a sooldllow,no6,ol,syl;uepl anblun y a ;dleoa, sulllaw y ¦ :SBPlnad HOW POIJIUe3 • it O OC m mm ? ? ? <005; _0? 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Wpm payy pa!l!l,aO,noA u-0. ?!,swlsod ®SdSfl e `id!e9a, wnla, eyed p 73 JOj JBAIEM eaj B aA!69Oj '.pelsenbe e4l,erio9 0l s6sl8pd a!ge9!!dde a ?!eaaa wryaa. eaa!d!lew as,Opu3 aal wnlea E UoBAs pus a3a!dwoo asPPdPus elo!!,e 943 0' (Glgg u0j Sd) id!aoaa ;o IoO,d ap!no, of Pelsenbe, 1dlaoea wnlea u!elgo of tien!!ep vi ew ?a!eoeH wmoe a 'sad !euo! PPB us,o:I ¦ ,O? !!eyy UIi! W 4301AOad, SM Jams 3mNb I9 9 d seq ON ¦ Itew !euo!lew% }o asap Aus,O; algel!ene IOU st Imn pewl,ep ¦ ®I!BW Al!,OUd JO Gi fty ssstC)- td U3M? Peu!gwoo aq MNO Asw ilsW p4wso ¦ '"Pulu,ey suepoduil s,aeA On^l,O1 e9uuaS Msod ayl Aq }day! A,e^!!ap jo p,ooa, y ¦ • aos!d!!etu mA,o;,ag4usp! anb!un y ¦ ldpow Bully V ¦ :SBPIAad 11eW POIJIIJ03 Y A e . t V E R I F I C A T I ON 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. Mark J. dren, ESQUIRE UDREN LAW OFFICES, P.C. 00 -?. i 'r7 . ul 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 Franklin Credit Management :COURT OF COMMON PLEAS Corporation :CIVIL DIVISION Plaintiff :Cumberland County V. Robert W. Kohut :NO. 07-6754 Civil Term Janice M. Kohut f/k/a Janice M. Kunkle Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: December 18, 2007 UDREN LAW OFFICES, P.C. BY0401YI dif)1 vplw/) , Attorneys for -Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE Q p F C,3 -C SHERIFF'S RETURN - REGULAR CASEONO: 2007-06754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FRANKLIN CREDIT MANAGEMENT COR VS KOHUT ROBERT W ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE KOHUT ROBERT W the DEFENDANT , at 2020:00 HOURS, on the 3rd day of December-, 2007 at 1363 KINER BLVD CARLISLE, PA 17013 ROBERT KOHUT was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge All, ? \ - Sworn and Subscibed to before me this of So Answers: 18.00 5.76 .00 10.00 R. Thomas Kline .00 33.76 12/04/2007 UDREN LAW OFF By: day Deputy Sheriff A.D. SHERIFF'S RETURN - NOT FOUND CASE-NO: 2007-06754 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRANKLIN CREDIT MANAGEMENT COR VS KOHUT ROBERT W ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KOHUT JANICE M F/K/A JANICE M KUNKLE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT M KUNKLE 1363 KINER BLVD NOT FOUND , as to , KOHUT JANICE M F/K/A JANICE CARLISLE, PA 17013 PER ROBERT, JANICE IS LIVING IN MECHANICSBURG. HE DID NOT KNOW EXACT ADDRESS. Sheriff's Costs: So answers Docketing 6.00'' ~ Service 9.60 r Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County a .00 ,???/ ? 3 0 . 6 0 Sworn and Subscribed to before me this day of A. D. UDREN LAW OFFICES 12/04/2007 SHERIFF'S RETURN - REGULAR CASE NO: 2007-06754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FRANKLIN CREDIT MANAGEMENT COR VS KOHUT ROBERT W ET AL JESSICA HERMANSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KOHUT JANICE M F/K/A JANICE M KUNKLE the DEFENDANT , at 1527:00 HOURS, on the 31st day of December , 2007 at 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 by handing to 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 9.60 Affidavit .00 Surcharge f 10.00 .00 /s? f s 3 7.60 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 01/03/2008 UDREN LAW OFFICES By: De u y S eriff A.D. 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 V-dHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Franklin Credit Management :COURT OF COMMON PLEAS Corporation :CIVIL DIVISION 101 Hudson Street :Cumberland County Jersey City, NJ 07302 Plaintiff V. Robert W. Kohut NO. 07-6754 Civil Term 1363 Kiner Blvd Carlisle, PA 17013 Janice M., Kohut f/k/a Janice M. Kunkle 400 Independence Court Mechanicsburg, PA 17050 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) Robert W. Kohut and Janice M. Kohut f/k/a Janice M. Kunkle for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and assess Plaintiff's damages as follows: As set forth,in Complaint $46,992.50 Interest Per Complaint 4,916.92 From 10/20/07 to 4/23/08 TOTAL $51,909.42 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. BY:1 /pto 1 WA ?? ? Attorneys for Plaintiff 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 : Q?a25?DS? S R PROTHY DGB 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 856-669-5400 RjBAAyaas@udrea om Franklin Credit Management Corporation Plaintiff V. Robert W. Kohut Janice M. Kohut f/k/a Janice M. Kunkle Defendant(s) . TO: Robert W. Kohut 1363 Kiner Blvd Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-6754 Civil Term DATE of.Notice: January 22, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. s Par a. uaren, Esquire Stuart Winneq, 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 - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA4 ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, Na 08003 856-669-5400 Fl Adi"aeudren nom Franklin Credit Management Corporation PlainEiff V. Robert W. Kohut Janice M. Kohut f/k/a Janice M. Kunkle Defendant(s) TO: Janice M. Kohut,f/k/a Janice M. Kunkle 400 Independence Court Mechanicsburg, PA 17050 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-6754 Civil Term DATE of Notice: January 22, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. s Ma J. uaren, Esquire 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. 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 Franklin Credit Management :COURT OF COMMON PLEAS Corporation :CIVIL DIVISION Plaintiff ::Cumberland.County v. Robert W. Kohut Janice M. Kohut f/k/a Janice M. Kunkle NO. 07-6754 Civil Term Defendant(s) 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: Robert W. Kohut Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Janice M. Kohut f/k/a Janice M. Kunkle Age: Over 18 Residence: As captioned above Employment: Unknown UDREN LAW OFFICES, P.C. BY: Att rneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE Sworn to and subscribed before me this 1 g' day of ^77ptember, 2041^ Notary Public Notmy Pu6Gc State of NewYersey T c_ C-n UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LOR.R.AINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCR.EST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Franklin Credit Management ::COURT OF COMMON PLEAS Corporation :CIVIL DIVISION Plaintiff 'Cumberland County V. Robert W. Kohut -NO. 07-6754 Civil Term Janice M. Kohut f/k/a Janice M. Kunkle Defendant(s) TO: Robert W. Kohut 1363 Kiner Blvd Carlisle, PA 17013 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default X Money Judgment Judgment in Replevin Judgment for Possession Prothonotary /s/ dxici je. 4x4 Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Udren Law Offices. P.C. At this telephone number: 856-669-5400 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 Franklin Credit Management :COURT OF COMMON PLEAS Corporation :CIVIL DIVISION Plaintiff :Cumberland County V. Robert W. Kohut Janice M. Kohut f/k/a Janice :NO. 07-6754 Civil Term M. Kunkle Defendant(s) TO: Janice M. Kohut f/k/a Janice M. Kunkle 400 Independence Court Mechanicsburg, PA 17050 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default X Money Judgment Judgment in Replevin -Judgment for Possession Prothonotary tsl &`'``` d ?q -Judgment on Award of Arbitration -Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY- Udren Law Offices, P.C. At this telephone number: 856-669-5400 ti Return To & Prepared By: M. E. Wileman Orion Financial Group, Inc. 2860 Exchange Blvd. # 100 Southlake TX 76092 DPROTHONOTARY#C �7 , l E..E 2014 AUG 15 PM 12: 5 I CUMBERLAND COUNTY PENNSYLVANIA Di- (D75I ASSIGNMENT OF JUDGMENT Send Any Notices To Assignee. For Valuable Consideration, the undersigned, THE HUNTINGTON NATIONAL BANK, AS CERTIFICATE TRUSTEE OF FRANKLIN MORTGAGE ASSET TRUST 2009-A 7 EASTON.OVAL EAE63, COLUMBUS, OH 43219 (Assignor) by these presents does assign, and set over, without recourse, to BOSCO CREDIT II TRUST SERIES 2010-1 1761 East St. Andrews Place, Santa Ana; CA 92705 (Assignee) the described judgment with all rights due or to become due thereon. Said judgment against defendant, ROBERT W. KOHUT AND JANICE M. KOHUT F/K/A JANICE M. KUNKLE, dated 9/25/2008 is recorded in the Court of Common Pleas as Case #Case # 07-6754 in the State of PA County of Cumberland. IN WITNESS WHEREOF, the undersigned corporation has caused this instrument to be executed by its proper officer. Executed on: August 11, 2014 THE HUNTINGTON NATIONAL BANK, AS CERTIFICATE TRUSTEE OF FRANKLIN MORTGAGE ASSET TRUST 2009-A Franklin Credit Management Corporation Attorney in fact By: Kelli J. Airis, Vice President Witness: T. Davis 1111111mimwiiunuu1iii1!1iuwmuuu K" oCir— Witness: S. Bryan State of Texas, County of Tarrant Personally appeared before me M. Conner and made oath that he/she saw the within named Kelli J. Airis, Vice President of/for THE HUNTINGTON NATIONAL BANK, AS CERTIFICATE TRUSTEE OF FRANKLIN MORTGAGE ASSET TRUST 2009-A Franklin Credit Management Corporation Attorney in fact by sign, seal and as their act and deed deliver the within written instrument and that he/she with THE HUNTINGTON NATIONAL BANK, AS CERTIFICATE TRUSTEE OF FRANKLIN MORTGAGE ASSET TRUST 2009-A witnessed the due execution thereof. Sworn before me this August 11, 2014. M. CONNER MY COMMISSION EXPIRES November 30, 2014 irk__OYYL.vu.k Notary public, M. Conner My commission expires: November 30, 2014 f 9.50 PO PLFF Ialg538 Pfr 08 1918460 PA Cumberland FCMC/JUDG/ASMT JUD