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HomeMy WebLinkAbout08-5615IN THE COURT OF COMMON OF PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA 09-5(015 0,1v<< ce-m. CHARLES W. HASH, SR., NO-2-9?,- Plaintiff, V. CIVIL ACTION - LAW JURY TRIAL DEMANDED DAVID MOHMAND and GULU INTEZAR, Defendant. AVISO PARA DEFENDER Y RECLAMAR DERECHOS LE HAN DEMANDO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LA PAGINAS SIGUIENTES, USTED TIENE VEINTE (20) DIAS, DE PLAZO EL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. HACE FAITA ASENTAR 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 SUS PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE CONTINUAR LA DEMANDA EN CONTRA SUYA SIN PREVIO AVISO O NOTIFICACION. ADEMAS, LA CORTE PUEDE DECIDAR A FAVOR DEL DEMANDANTE Y REQUIERE QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES U OTRAS DERICHOS INPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFUCIENTE 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 - (717)-249-3166 IN THE COURT OF COMMON OF PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., NO. 2008-SU- oF• SL,s C T Plaintiff, V. CIVIL ACTION - LAW JURY TRIAL DEMANDED JAVID MOHMAND and GULU INTEZAR, Defendants. COMPLAINT NOW COMES the Plaintiff, CHARLES W. HASH, SR, by his Attorney, John M. Ogden, Esquire, of the firm of Holt & Ogden, LLP and files this Complaint, stating the following facts: 1. 2. 3 4. The Plaintiff is CHARLES W. HASH, SR., an adult residing at 101 Lookout Court, York, PA 17404. The Defendants are JAVID MOHMAND and GULU INTEZAR, an adult residing at 817 Meadow Lane, Camp Hill, PA 17011, (Property). The events giving rise to this cause of action all occurred in Cumberland County, Pennsylvania and as such the Cumberland County Court of Common Pleas has jurisdiction over this matter. On or about October 21, 2005, the Defendant, JAVID MOHMAND executed a Promissory Note in favor of the Plaintiff which provided that -1- the Defendant would re-pay the loaned amount of $50,000.00, together with interest in the amount of $2,000.00, for a total of $52,000.00, on or before January 31, 2006. See Promissory Note, attached hereto and made a part hereof as Exhibit "A." 5. The Promissory Note provided that: "it is also agreed that a lien will be placed by Charles Hash, Sr., on the real property located at 817 Meadow Lane, Camp Hill, PA 17011 owned by Javid Mohmand. See Promissory Note, attached hereto as Exhibit "A." 6. The Defendant, JAVID MOHMAND represented to the Plaintiff that he owned property located at 817 Meadow Lane, Camp Hill, PA 170111 and that he would not transfer the property until this debt had been satisfied in full. 7. The terms of the Promissory Note required that the indebtedness be paid in full by January 31St 2006. 8. The Defendant, JAVID MOHMAND did not pay any amount towards the Promissory Note and he transferred the property on May 18, 2006, to Gulu Intezar, who is believed to be the Defendant's father or uncle. The Deed is recorded in the Office of Recorder of Deeds of -2- Cumberland County, Pennsylvania in Deed Book 0274, Page 3037, UPI # 09-18-1310-009. COUNT I - VIOLATION OF PENNSYLVANIA UNIFORM FRAUDULENT TRANSFER ACT 12 Pa.C.S. 5101, et. sew. (PUFTA) 9. The transfer of the Property in this case falls within Section 5104, relating to Transfers fraudulent as to present and future creditors. 10. The Defendant, JAVID MOHMAND transferred the Property with actual intent to hinder, delay or defraud the Plaintiff and the Defendant, GULU INTEZAR entered into the fraudulent transfer knowingly and intentionally with actual intent to hinder, delay and defraud the Plaintiff. 11. The Defendant, JAVID MOHMAND transferred the Property to an insider, GULU INTEZAR, his relative. 12. After the transfer of the Property, the Defendant, JAVID MOHMAND retained possession or control of the Property transferred after the transfer and in fact, currently resides in the Property. 13. The Defendant, JAVID MOHMAND concealed the transfer of the Property in the following manner: A. Not disclosing to the Plaintiff that he was transferring the Property, -3- B. Not paying the debt owed under the Note upon the transfer and by having settlement on the Property not at his title company, Donegal Title Co., for which the Plaintiff also holds the mortgage to the Property, but instead at Appalachia Settlement Services in Hershey, PA. C. Concealing the fact that the Property was being transferred to avoid the Note and the lien on the Property. D. Before the transfer of the Property, the Defendant was well aware of the debt owed and the fact that said debt was in default and that the Plaintiff would exercise any options available to recover the funds loaned together with interest and attorney's fees. E. The transfer of the Property is believed to be substantially all the Defendant's assets. F. The Defendant has refused to accept the telephone calls from the Plaintiff since approximately May or June, 2008. 14. The Defendant was insolvent or became insolvent shortly after the transfer of the Property to the Defendant, GULU INTEZAR. 15. The Plaintiff is entitled to the following relief under Section 5107 of the -4- PUFTA: A. Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim. B. An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by applicable law. C. Subject to applicable principles of equity and in accordance with applicable rules of civil procedure: L an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property, ii. appointment of a receiver to take charge of the asset transferred or of other property of the transferee, or iii. any other relief the circumstances may require. 16. On November 7, 2006, the Defendant executed a Note agreeing to repay the entire amount of $55,000.00, at the rate of eight (8%) percent interest, together with all costs and attorney's fees. 17. The Defendant has made one payment to the Plaintiff on account of the Note in the amount of $5,775.00 on August 1, 2007, and he has -5- promised to pay monthly installments of $1,000.00, towards the Note, 18. but has failed to pay any further amounts towards the Note. To date, the Defendant owes to the Plaintiff the following amounts on account of the Note: A. Principal amount B. Interest from November 1, 2006 through September 1, 2008 22 months at $366.66 Per Month ($12.22 Per Day) C. Attorney's Fees in the Amount of 10% of the Note D. Less Payment of Interest on 9/01/07 E. Costs of Suit to be Determined $55,000.00 $ 8,066.66 $ 5,500.00 ($ 5,775.00) TOTAL AMOUNT DUE 19. 20. $ 62, 791.66 The Plaintiff has demanded that the Defendant pay the amounts due. The Plaintiff requests that this Honorable Court enter judgment against the Defendant in the amount of $62,791.66, with interest to be added at the rate of $12.22 per day for each day past September 1, 2008. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court: 1. Enter judgment in favor of the Plaintiff and against the Defendant in the amount of $62,791.66, together with interest at the rate of $12.22 per day -6- for each day past September 1, 2008, and 2. Avoidance of the transfer to the extent necessary to satisfy the creditor's claim. 3. An attachment or other provisional remedy against the Property being transferred. 4. An injunction against further transfer of encumbrance of the Property. 5. Any other relief the circumstances may fund just. 6. The reimbursement of court costs and attorney's fees. BY: Respectfully Submitted, OLT & OGDEN, LLP 11. - Ogden No Qu een Street ror4 n k k A 17403 (717) 846-0550 -7- IN THE COURT OF COMMON OF PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff, V. JAVID MOHMAND and GULU INTEZAR, Defendants. NO. 2008-SU- CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION The statements contained in this petition are those of my attorney, however, I have reviewed the petition and verify that the averment or denial contained therein are true and correct to the best of my personal knowledge or information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification. Date: l? W? CHARLES W. HASH, SR. (? H Ot3 r ; ? Q ` tNV 0 IN THE COURT OF COMMON OF PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., NO. 2008 - 5615 Plaintiff, V. CIVIL ACTION - LAW JURY TRIAL DEMANDED JAVID MOHMAND and GULU INTEZAR, Defendants. NOTICE OF LIS PENDENS TO THE PROTHONOTARY Please file the Notice of Lis Pendens in the above captioned matter and index it against any real property that the Defendants, GULU INTEZAR and JAVID MOHMAND, and please specifically index it against the properties located at 27 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050, more fully described in a Deed dated January 4, 2005, Parcel ID #38-19-1621-205, recorded in the Cumberland County Recorder of Deeds in Deed Book -264, Page 03998 and property located at 817 Meadow Hill Lane, Camp Hill, Pa 17011, more fully described in a deed dated May, 2006 and recorded on May 18, 2006, Parcel ID # 09181310009, by and between JAVID MOHMAD to GULU -1- INTEZAR and filed in the Office of the Recorder of Deed for Cumberland County, Pennsylvania in Deed Book 0274, Page 3037. Respectfully Submitted, HOLT & OGDEN, LLP BY: ohn M Ogden 3 orth Queen Street York, PA 17403 (717) 846-0550 -2- IN THE COURT OF COMMON OF PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff, V. NO. 2008 - 5615 CIVIL ACTION - LAW JURY TRIAL DEMANDED JAVID MOHMAND and GULU INTEZAR, Defendants. CERTIFICATION OF SERVICE I am the attorney for the above captioned party in this action, and hereby certify that on this date, I served a true and correct copy of the through the United States Mail, first class, postage pre-paid, to the following address: JAVID MOHMAND 817 MEADOW LANE CAMP HILL, PA 17011 GULU INTEZAR, 27 NOTTINGHAM DRIVE MECHANICSBURG, PA 17055 Respectfully Submitted, HOLT & OGDEN, LLP DATED: October 14, 2008 BY: Oohn .Ogden at Law Xtt6m.,, 34 North Queen Street York, PA 17403 (717) 846-0550 ?' ?? ? ?. ? ?? o t w ? ° ??? c ? ? ? v=, ? ? -? ?5 ?; ? ? ?r?' ? ? Gor?&-orr--> IN THE COURT OF COMMON OF PLEAS OF Y M COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff, V. NO. 2008-SU- GC,,\ Cj CIVIL ACTION - LAW JURY TRIAL DEMANDED JAVID MOHMAND and GULU INTEZAR, Defendant. ACCEPTANCE OF SERVICE I, JAVID MOHMAND, accept service on the date stated below of the Complaint under Pa.R.C.P. 402 and certify that I am authorized to do so. Date: D MOHMAND RETURN THIS FORM TO: HOLT & OGDEN, LLP 34 NORTH QUEEN STREET YORK, PA 17403 rws £ ] Cl? F' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES HASH, SR., NO. 08-5615 Plaintiff, V. CIVIL-ACTION-LAW DAVID MOHMAND and GULU INTEZAR, Defendant. PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY PENNSYLVANIA Please reinstate the Complaint. Respectfully Submitted, T & OGDEN, LL.P BY: John M. A#twney-dt Law 34 North Queen Street York, PA 17403 (717) 846-0550 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES HASH, SR., Plaintiff, V. JAVID MOHMAND and GULU MI'EZAR, Defendant. NO. 08-5615 CIVIL-ACTION-LAW CERTIFICATION OF SERVICE I am the attorney for the above captioned party in this action, and hereby certify that on this date, I served a true and correct copy of the PRAECIPE TO REINSTATE through the United States Mail, first class, postage pre-paid, to the following address: GULU I TEZZAR 27 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 JAVID MOHMAND 817 MEADOW LANE CAMP HILL, PA 17011 Respectfully Submitted, HOLT & OGDEN, LLP DATED: October 29, 2008 v BY: John Ogden rney for Plaintiff 34 North Queen Street York, PA 17403 (717) 846-0550 IN THE COURT OF COMMON OF PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA _ D3 - 5(°i5 Civil term CHARLES W. HASH, SR., NO.-2908-S6--_. Plaintiff, V. CIVIL ACTION - LAW JURY TRIAL DEMAND JAVID MOHMAND and { GULU INTEZAR in ?` )scre7y' t- moo in ds Defendant. and 3 Mid + Car", Ida. AVISO PARA DEFENDER N a?o8 RECLAMAR DERECHO LE HAN DEMANDO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LA PAGINAS SIGUIENTES, USTED TIENE VEINTE (20) DIAS, DE PLAZO EL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. HACE FAITA ASENTAR UNA COMPARENCIA ESCRITA 0 EN PERSONA 0 CON UN ABOGADO Y ENTREGAR A LA CORTE EN FORMA ESCRITA SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SUS PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE CONTINUAR LA DEMANDA EN CONTRA SUYA SIN PREVIO AVISO 0 NOTIFICACION. ADEMAS, LA CORTE PUEDE DECIDAR A FAVOR DEL DEMANDANTE Y REQUIERE QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. USTED PUEDE PERDER DINERO 0 SUS PROPIEDADES U OTRAS DERICHOS INPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFUCIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 - (717)-249-3166 IN THE COURT OF COMMON OF PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff, V. JAVID MOHMAND and GULU INTEZAR, Defendants. NO. 2008-SU- CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT NOW COMES the Plaintiff, CHARLES W. HASH, SR, by his Attorney, John M. Ogden, Esquire, of the firm of Holt & Ogden, LLP and files this Complaint, stating the following facts: 1. The Plaintiff is CHARLES W. HASH, SR., an adult residing at,101 Lookout Court, York, PA 17404. 2. The Defendants are JAVID MOHMAND and GULU INTEZAR, an adult residing at 817 Meadow Lane, Camp Hill, PA 17011, (Property). 3. The events giving rise to this cause of action all occurred in Cumberland County, Pennsylvania and as such the Cumberland County Court of Common Pleas has jurisdiction over this matter. 4. On or about October 21, 20051 the Defendant, JAVID MOHMAND executed a Promissory Note in favor of the Plaintiff which provided that -1- the Defendant would re-pay the loaned amount of $50,000.00, together with interest in the amount of $2,000.00, for a total of $52,000.00, on or before January 31, 2006. See Promissory Note, attached hereto and made a part hereof as Exhibit "A." 5. 6. 7. 8. The Promissory Note provided that: "it is also agreed that a lien will be placed by Charles Hash, Sr., on the real property located at 817 Meadow Lane, Camp Hill, PA 17011 owned by Javid Mohmand. See Promissory Note, attached hereto as Exhibit "A." The Defendant, JAVID MOHMAND represented to the Plaintiff that he owned property located at 817 Meadow Lane, Camp Hill, PA 17011, and that he would not transfer the property until this debt had been satisfied in full. The terms of the Promissory Note required that the indebtedness be paid in full by January 31St 2006. - The Defendant, JAVID MOHMAND did not pay any amount towards the Promissory Note and he transferred the property on May 18, 2006, to Gulu Intezar, who is believed to be the Defendant's father or uncle. The Deed is recorded in the Office of Recorder of Deeds of -2- Cumberland County, Pennsylvania in Deed Book 0274, Page 3037, UPI # 09-18-1310-009. COUNT I - VIOLATION OF PENNSYLVANIA UNIFORM FRAUDULENT TRANSFER ACT 12 Pa.C.S. 5101, et. M. (PUFTA) 9. The transfer of the Property in this case falls within Section 5104, relating to Transfers fraudulent as to present and future creditors. 10. The Defendant, JAVID MOHMAND transferred the Property with actual intent to hinder, delay or defraud the Plaintiff and the Defendant, GULU INTEZAR entered into the fraudulent transfer knowingly and intentionally with actual intent to hinder, delay and defraud the Plaintiff. 11. The Defendant, JAVID MOHMAND transferred the Property to an insider, GULU INTEZAR, his relative. 12. After the transfer of the Property, the Defendant, JAVID MOHMAND retained possession or control of the Property transferred after the transfer and in fact, currently resides in the Property. 13. The Defendant, JAVID MOHMAND concealed the transfer of the Property in the following manner: A. Not disclosing to the Plaintiff that he was transferring the Property, -3- B. Not paying the debt owed under the Note upon the transfer and by having settlement on the Property not at his title company, Donegal Title Co., for which the Plaintiff also holds the mortgage to the Property, but instead at Appalachia Settlement Services in Hershey, PA. C. Concealing the fact that the Property was being transferred to avoid the Note and the lien on the Property. D. Before the transfer of the Property, the Defendant was well aware of the debt owed and the fact that said debt was in default and that the Plaintiff would exercise any options available to recover the funds loaned together with interest and attorney's fees. E. The transfer of the Property is believed to be substantially all the Defendant's assets. F. The Defendant has refused to accept the telephone calls from the Plaintiff since approximately May or June, 2008. 14. The Defendant was insolvent or became insolvent shortly after the transfer of the Property to the Defendant, GULU INTEZAR. 15. The Plaintiff is entitled to the following relief under Section 5107 of the -4- PUFTA: A. Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim. B. An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by applicable law. C. Subject to applicable principles of equity and in accordance with applicable rules of civil procedure: i. an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property, ii. appointment of a receiver to take charge of the asset transferred or of other property of the transferee, or iii. any other relief the circumstances may require. 16. On November 7, 2006, the Defendant executed a Note agreeing to repay the entire amount of $55,000.00, at the rate of eight (8%0) percent interest, together with all costs and attorney's fees. 17. The Defendant has made one payment to the Plaintiff on account of the Note in the amount of $5,775.00 on August 1, 2007, and he has -5- 18. promised to pay monthly installments of $1,000.00, towards the Note, but has failed to pay any further amounts towards the Note. To date, the Defendant owes to the Plaintiff the following amounts on account of the Note: A. Principal amount B. Interest from November 1, 2006 through September 1, 2008 22 months at $366.66 Per Month ($12.22 Per Day) C. Attorney's Fees in the Amount of 10% of the Note D. Less Payment of Interest on 9/01/07 E. Costs of Suit to be Determined $55,000.00 $ 8,066-66 $ 5,500.00 ($ 5,775.00) TOTAL AMOUNT DUE 19. 20. $ 62, 791.66 The Plaintiff has demanded that the Defendant pay the amounts due. The Plaintiff requests that this Honorable Court enter judgment against the Defendant in the amount of $62,791.66, with interest to be added at the rate of $12.22 per day for each day past September 1, 2008. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court: 1. Enter judgment in favor of the Plaintiff and against the Defendant in the amount of $62,791.66, together with interest at the rate of $12.22 per day -6- V for each day past September 1, 2008, and 2. Avoidance of the transfer to the extent necessary to satisfy the creditor's claim. 3. An attachment or other provisional remedy against the Property being transferred. 4. An injunction against further transfer of encumbrance of the Property. 5. Any other relief the circumstances may fund just. 6. The reimbursement of court costs and attorney's fees. Respectfully Submitted, HOLT & OGDEN, LLP ?- R BY: _ J hn .. Ogden 4 No Queen Street ork A 17403 (717) 846-0550 -7- . . IN THE COURT OF COMMON OF PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff, V. JAVID MOHMAND and GULU INTEZAR, Defendants. NO.2008-SU- CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION The statements contained in this petition are those of my attorney, however, I have reviewed the petition and verify that the averment or denial contained therein are true and correct to the best of my personal knowledge or information and belief." The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification. , Date: 9 1? 4?b CHARLES W. HASH, SR. - el W b o `ti .. ra -c 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff, V. JAVID MOHMAND and GULU INTEZAR, Defendant. TO: JAVID MOHMAND 817 MEADOW LANE CAMP HILL, PA 17011 DATE OF NOTICE: October 28, 2008 NO. 08-5615 CIVIL ACTION - LAW JURY TRIAL DEMANDED IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 of the Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully Submitted, HOLT & OGDEN, LLP DATE: October 28, 2008 BY: A--? J .Ogden 34 North Market Street York, PA 17403 (717) 846-0550 F (717) 846-0687 Ogdenjm@gmail.com 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff, v. JAVID MOHMAND and GULU INTEZAR, Defendant. NO. 08-5615 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I am the attorney for the above captioned party in this action, and hereby certify that on this date, I served a true and correct copy of a NOTICE OF DEFAULT JUDGMENT through the U.S. Postal Service with the proper postage to the Defendants at: JAVID MOHMAND 817 MEADOW LANE CAMP HILL, PA 17011 Date: October 28, 2008 GULU INTEZAR, 27 NOTTINGHAM DRIVE MECHANICSBURG, PA 17055 aT & OGDEN, LLP BY. OGDEN Attorney For Plaintiff 34 North Queen Street York, PA 17401 (717) 846-0550 F (717) 846-0687 Ogdenjm@gmail.com l7 C= o ' J rC_ Cab if w w, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff, V. NO. 08-5615 CIVIL ACTION - LAW JURY TRIAL DEMANDED DAVID MOHMAND and GULU INTEZAR, Defendant. TO: JAVID MOHMAND 817 MEADOW LANE CAMP HILL, PA 17011 DATE OF NOTICE: October 28, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 of the Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully Submitted, HOLT & OGDEN, LLP DATE: October 28, 2008 BY: M. Ogden 34 North Market Street York, PA 17403 (717) 846-0550 F (717) 846-0687 Ogdenjm@gmail.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff, V. JAVID MOHMAND and GULU INTEZAR, Defendant. NO. 08-5615 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I am the attorney for the above captioned party in this action, and hereby certify that on this date, I served a true and correct copy of a NOTICE OF DEFAULT JUDGMENT through the U.S. Postal Service with the proper postage to the Defendants at: JAVID MOHMAND 817 MEADOW LANE CAMP HILL, PA 17011 Date: October 28, 2008 GULU INTEZAR, 27 NOTTINGHAM DRIVE MECHANICSBURG, PA 17055 HOLT & OGDEN, LLP BY: J HN .OGDEN A omey For Plaintiff 34 North Queen Street York, PA 17401 (717) 846-0550 F (717) 846-0687 Ogdenjm@gmail.com P j-l t': ' Q rn m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff, V. NO. 08-5615 CIVIL ACTION - LAW JURY TRIAL DEMANDED JAVID MOHMAND and GULU INTEZAR, Defendant. PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: 1. Kindly enter Judgment against JAVID MOHMAND and in favor of CHARLES W. HASH, SR., in the amount of $62,791.66, plus interest at the rate of eight (8%) percent as indicated in paragraph 16 of the complaint, together with costs of suit. 2. I hereby certify that the foregoing assessment of damages is for specified amounts alleged to be due and payable in the complaint and is calculable as a sum certain from the complaint. 3. I hereby certify that a Notice as required under Pa.R.C.P. 237.1 was sent to the Defendant on October 28, 2008. 4. Under Pa.R.C.P. No. 237 (Notice of Praecipe for Final Judgment or Decree), I certify that a copy of this Praecipe has been mailed to each other party who has appeared in the action or to his or her attorney after the default occurred and at least ten (10) days before the filing of this Praecipe for Judgment. A copy of the Notice was filed on November 3, 2008. Respectfully Submitted, HOLT & OGDEN, LLP DATED: 13-V-0 4ol. Ogden 34 North Queen Street York, PA 17403 (717) 846-0550 NOW, this day ofMwe-elftLyA , 2008, JUDGMENT IS ENTERED AS ABOVE. -?Zc BY: Prothonotary . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, NO. 08-5615 Plaintiff, CIVIL ACTION - LAW V. DAVID MOHMAND and GULU INTEZAR, Defendant. NOTICE OF FILING JUDGMENT PA.R.C.P. 236 TO: GULU INTEZAR 27 NOTTINGHAM DRIVE MECHANICSBURG, PA 17055 JAVID MOHMAND 817 MEADOW LANE CAMP HILL, PA 17011 (x) Notice is hereby given that a JUDGMENT in the above matter has been entered against you in the amount of $62,791.x, plus costs. (x) A copy of the documents filed with the Prothonotary in support of the within judgment is/ are enclosed. PROTHONOTARY OF CUMBERLAND COUNTY BY: If you have any questions concerning this Notice, please contact: BY: John Yj/lDgden 34 Ndfth Queen Street York, PA 17403 (717) 846-0550 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff, V. JAVID MOHMAND and GULU INTEZAR, Defendant. NO. 08-5615 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I am the attorney for the above captioned party in this action, and hereby certify that on this date, I served a true and correct copy of a PRAECIPE FOR JUDGMENT through the U.S. Postal Service with the proper postage to the Defendants at: JAVID MOHMAND 817 MEADOW LANE CAMP HILL, PA 17011 Date: November 13, 2008 GULU INTEZAR, 27 NOTTINGHAM DRIVE MECHANICSBURG, PA 17055 HO T & OGDEN, LLP BY: J%iWM. OGDEN Attorney For Plaintiff 34 North Queen Street York, PA 17401 (717) 846-0550 F (717) 846-0687 OgdenjmQgmail.com O A v r.s cy MM t O N t•? SHERIFF'S RETURN - REGULAR CASE NO: 2008-05615 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HASH CHARLES W SR VS MOHMAND JAVID ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MOHMAND JAVID the DEFENDANT , at 0019:41 HOURS, on the 4th day of November-, 2008 at 27 NOTTINGHAM DRIVE MECHANICSBURG, PA 17055, PA 17011 by handing to DEFENDANT JAVID MOHMAND a true and attested copy of COMPLAINT & NOTICE 1111,410 9 ?_ .00 36.00 together with and at the same time directing His attention to the contents thereof. So Answers: .. - R. Thomas Kline Sheriff's Costs: Docketing 18.00 Service 8.00 Affidavit .00 Surcharge 10.00 11/06/2008 JOHN OGDEN By: D puty Sheriff Sworn and Subscibed to before me this day A. D. of , 1%4 SHERIFF'S RETURN - REGULAR CASE NO: 2008-05615 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HASH CHARLES W SR VS MOHMAND JAVID ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon INTEZAR GULU DEFENDANT the , at 0019:41 HOURS, on the 4th day of November-, 2008 at 27 NOTTINGHAM DRIVE MECHANICSBURG, PA 17055 by handing to GULU INTEZAR DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 Illl'??6 8 V7 '_ 16.00 Sworn and Subscibed to before me this day of , So Answers: K. 'Thomas Kline 11/06/2008 JOHN OGDEN 1 By. Deputy eriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., NO. 08-5615 Plaintiff, V. CIVIL ACTION - LAW JURY TRIAL DEMANDED JAVID MOHMAND and GULU INTEZAR, Defendant. TO: GULU INTEZAR 27 NOTTINGHAM DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: November 18, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 of the York County Bar Association York County Courthouse 137 East Market Street York, PA 17403 (717) 854-8755 Respectfully Submitted, LT & OGDEN, LLP DATE: November 18, 2008 BY, m M. Ogden 34 North Market Street York, PA 17403 (717) 846-0550 F (717) 846-0687 Ogdenjm@gmail.com ---------------------------------------------------------------------------------------------- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR. , Plaintiff, V. JAVID MOHMAND and GULU INTEZAR, Defendant. NO. 08-5615 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I am the attorney for the above captioned party in this action, and hereby certify that on this date, I served a true and correct copy of a IMPORTANT NOTICE through the U.S. Postal Service with the proper postage to the Defendants at: JAVID MOHMAND 817 MEADOW LANE CAMP HILL, PA 17011 Date: November 18, 2008 GULU INTEZAR, 27 NOTTINGHAM DRIVE MECHANICSBURG, PA 17055 H T & OGDEN, LLP BY: J GDEN Attorney For Plaintiff 34 North Queen Street York, PA 17401 (717) 846-0550 F (717) 846-0687 ?'=' €:m ""' ? ?? ::- -,? -? _ .? ,?R, ?. i` r...`? , t ?7 <: .... ?_! f_.« Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Defendant CHARLES W. HASH, SR., Plaintiff V. JAVID MOHMAND and GULU INTEZAR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5615 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Charles W. Hash, Sr. AND NOW, this {"day of December, 2008, you are hereby notified to plead responsively within twenV-(20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUF_WE, STEyVARTJ& WEIDNER Mark G: Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Defendant CHARLES W. HASH, SR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. JAVID MOHMAND and GULU INTEZAR, NO. 08-5615 CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, comes Defendant, Gulu Intezar, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files this answer to Plaintiffs Complaint and in support thereof avers as follows: 1. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand proof at time of trial if deemed material. 2. Admitted in Part and Denied in Part. It is admitted that Defendant, Javid Mohmand, is an adult residing at 817 Meadow Lane, Camp Hill, Pennsylvania 17011. It is denied that Defendant, Gulu Intezar, resides at 817 Meadow Lane, Camp Hill, Pennsylvania 17011. 3. Denied. After reasonable investigation, the answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph with respect to where the events giving rise to this cause of action occurred and, therefore, deny the same and demand strict proof at time of trial if deemed material. The balance of the averments in this paragraph constitute conclusions of law to which no response is required. 4. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand proof at time of trial if deemed material. By way of further response, Defendant, Gulu Intezar, until receipt of this Complaint, had no knowledge of the Promissory Note attached to the Complaint as Exhibit "A". 5. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand proof at time of trial if deemed material. 6. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand proof at time of trial if deemed material. 7. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand proof at time of trial if deemed material. 8. Admitted in Part and Denied in Part. It is admitted that the Defendant, Javid Mohmand, and his wife, Jeannie Bo Yon Mohmand, transferred the property to Defendant, Gulu Intezar. It is admitted that Defendant Gulu Intezar is the uncle of Defendant Javid Mohmand. It is admitted that the Deed is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 274, Page 3037, UPI #09-18-1310- 009. It is denied that the transfer took place on May 18, 2006. With respect the history of any payments made by Defendant Javid Mohmand under a Promissory Note to Plaintiff, the same is denied in that the Defendant, Gulu Intezar, is without sufficient information to form a belief as to the truth or falsity of these averments and, therefore, denies the same and demands strict proof at time of trial if deemed material. COUNT I - VIOLATION OF PENNSYLVANIA UNIFORM FRAUDULENT TRANSFER ACT 12 Pa.C.S. 5101, et seq. (PUFTA) 9. The averments in this paragraph constitute conclusions of law to which no response is deemed required. In the event that a response is deemed to be required, the averments contained in this paragraph are specifically denied and strict proof is demanded. 10. The averments in this paragraph constitute conclusions of law to which no response is deemed required. In the event that a response is deemed to be required, the averments contained in this paragraph are specifically denied and strict proof is demanded. 11. Admitted in part, denied in part. It is admitted that Defendant, Gulu Intezar, is a relative of Defendant, Javid Mohmand. The remainder is denied. After reasonable investigation, the answering Defendant is without information sufficient to form a belief as to the truth or falsity of the balance of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial, if deemed material. 12. Admitted in part, denied in part. It is admitted that after the transfer of the property, the Defendant, Javid Mohmand, retained control of the property and that the Defendant, Javid Mohmand, currently resides in the property. It is denied in that Defendant, Javid Mohmand, did not retain possession of the property after the property was transferred. 13. A-F. Denied. After reasonable investigation, the answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in these paragraphs and, therefore, denies the same and demands strict proof at time of trial, if deemed material. 14. Denied. After reasonable investigation, the answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in these paragraphs and, therefore, denies the same and demands strict proof at time of trial, if deemed material. 15. A-C(iii). Denied. The averments in this paragraph constitute conclusions of law to which no response is deemed required. In the event that a response is deemed to be required, it is specifically denied. 16. Denied. Presuming that the "Defendant" referred to in Paragraph 16 of Plaintiffs Compliant is Defendant, Javid Mohmand, after reasonable investigation, the answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial, if deemed material. If the "Defendant" referred to in Paragraph 16 of Plaintiffs Complaint is Defendant, Gulu Intezar, then the averments in Paragraph 16 are specifically denied. 17. Denied. Presuming that the "Defendant" referred to in Paragraph 17 of Plaintiffs Compliant is Defendant, Javid Mohmand, after reasonable investigation, the answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in these paragraphs and, therefore, denies the same and demands strict proof at time of trial, if deemed material. If the "Defendant" referred to in Paragraph 17 of Plaintiffs Complaint is Defendant, Gulu Intezar, then the averments in Paragraph 17 are specifically denied. 18. Denied. Presuming that the "Defendant" referred to in Paragraph 18 of Plaintiffs Compliant is Defendant, Javid Mohmand, after reasonable investigation, the answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in these paragraphs and, therefore, denies the same and demands strict proof at time of trial, if deemed material. If the "Defendant" referred to in Paragraph 18 of Plaintiffs Complaint is Defendant, Gulu Intezar, then the averments in Paragraph 18 are specifically denied. 19. Denied. Presuming that the "Defendant" referred to in Paragraph 19 of Plaintiffs Compliant is Defendant, Javid Mohmand, after reasonable investigation, the answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in these paragraphs and, therefore, denies the same and demands strict proof at time of trial, if deemed material. If the "Defendant" referred to in Paragraph 19 of Plaintiffs Complaint is Defendant, Gulu Intezar, then the averments in Paragraph 19 are specifically denied. 20. Denied. This paragraph is a prayer for relief or a conclusion of law to which no response is deemed required. In the event that a response is deemed to be required, it is specifically denied. WHEREFORE, the Defendant, Gulu Intezar, respectfully requests that this Honorable Court dismiss the Complaint with respect to Defendant, Gulu Intezar. NEW MATTER By way of additional answer and reply, the Defendant, Gulu Intezar, raises the following new matters: 21. At no time prior to the transfer of the property did Defendant, Gulu Intezar, have any knowledge of any obligation, financial or otherwise, owing from Defendant, Javid Mohmand, to Plaintiff, Charles W. Hash, Sr. Defendant, Gulu Intezar, had no knowledge of the identity of Plaintiff, Charles W. Hash, Sr. 22. A month or so after the transfer of the property from Defendant, Javid Mohmand, to Defendant, Gulu Intezar, an associate of Defendant, Javid Mohmand, William Danavan, presented the last page of the purported Promissory Note attached to Plaintiffs Complaint as Exhibit "B" to Defendant, Gulu Intezar, to notarize. Defendant, Gulu Intezar, refused due to the fact that he is required to see the entire document before notarizing same. When Defendant, Gulu Intezar, noticed the address of 817 Meadow Lane on page 1 of the purported Promissory Note attached to Plaintiff's Complaint as Exhibit "B", he refused to notarize the document and questioned the use or presence of the address on the document. William Danavan responded that he secured a loan for Defendant, Javid Mohmand, from one of William Danavan's friends. Defendant, Gulu intezar, contacted Defendant, Javid Mohmand, and Defendant, Javid Mohmand's response was that "he will take care of it." 23. The Promissory Note allegedly entered into by Defendant, Javid Mohmand, and assuming that it is authentic and that the date is accurate, is not a lien on the property located at 817 Meadow Lane, Camp Hill, Pennsylvania 17011. Therefore, Defendant, Gulu Intezar, having purchased the property in good faith and without knowledge of any of the alleged financial obligations contained in the Complaint, is free to transfer the property to a third party. WHEREFORE, Defendant, Gulu Intezar, respectfully requests that the Plaintiffs Complaint be dismissed with respect to Defendant, Gulu Intezar, and judgment be entered in his favor and against the Plaintiff in this case. Respectfully s mitted: Mark C. Duffie 351876v3 VERIFICATION The undersigned says that the facts set forth in the foregoing document are true and correct. This verification is made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsifications to authorities. By: Gulu Intezar Dated: /i "3" of CERTIFICATE OF SERVICE AND NOW, this Av('.?ay of December, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John M. Ogden, Esquire Attorney for Plaintiff 34 North Queen Street York, PA 17401 JOHNSON, DUFFIE, STgVA-"PT & WEIDNER By: ark C. DL)f e, Esquire ... ? s r -; __ _, ,_.:: a IN THE COURT OF COMMON OF PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., NO. 2008 - 5615 Plaintiff, V. CIVIL ACTION - LAW JURY TRIAL DEMANDED JAVID MOHMAND and GULU INTEZAR, Defendants. PRAECIPE TO WITHDRAW LIS PENDENS TO THE PROTHONOTARY Please withdraw the Notice of Lis Pendens in the above captioned matter indexed against GULU INTEZAR for the properties located at 27 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050, more fully described in a Deed dated January 4, 2005, Parcel ID #38-19-1621-205, recorded in the Cumberland County Recorder of Deeds in Deed Book -264, Page 03998 and property located at 817 Meadow Hill Lane, Camp Hill, Pa 17011, more fully described in a deed dated May, 2006 and recorded on May 18, 2006, Parcel ID # 09181310009, by and between JAVID MOHMAD to GULU INTEZAR and filed in the Office of the Recorder of Deed for Cumberland County, Pennsylvania in Deed Book 0274, Page 3037. Respectfully Submitted, HOLT & OGDEN, LLP BY: J n M. ,Ogden 01- k IN THE COURT OF COMMON OF PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff, V. NO. 2008 - 5615 CIVIL ACTION - LAW JURY TRIAL DEMANDED JAVID MOHMAND and GULU INTEZAR, Defendants. CERTIFICATION OF SERVICE I am the attorney for the above captioned party in this action, and hereby certify that on this date, I served a true and correct copy of the PRAECIPE TO WITHDRAW LIS PENDENS through the United States Mail, first class, postage pre-paid, to the following address: DAVID MOHMAND 817 MEADOW LANE CAMP HILL, PA 17011 MARK DUFFY, ESQUIRE JOHNSON DUFFY 301 MARKET STREET PO BOX 109 LEMOYNE, PA 17043-0109 Respectfully Submitted, DATED: January 19, 2009 aH T & OGDEN, LLP BY: . Ogden 34 North Queen Street York, PA 17403 (717) 846-0550 401- 4o It, D -V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff, V. JAVID MOHMAND and GULU INTEZAR, Defendant. NO. 08-5615 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO PARTIALLY DISCONTINUE TO: Pamela Lee, Prothonotary Discontinue the above-captioned action with regard to GULU INTEZAR only, under Pa.R.C.P. No. 229, and mark it "settled and satisfied" This will not affect the judgment against JAVID MOHMAND in any way. JAVID MOHMAND has executed a written consent as provided under Pa.R.C.P. 229(b)(1). Date: 1-11-Of Respectfully Submitted, BY: John M. Ogden IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff , v. NO. 08-5615 CIVIL ACTION - LAW JURY TRIAL DEMANDED JAVID MOHMAND and GULU INTEZAR, Defendant. CERTIFICATE OF SERVICE I am the attorney in the above captioned case and certify that on the date indicated below I served a true and correct copy of the PRAECIPE TO PARTIALLY DISCONTINUE through the United States Postal Service, postage pre-paid, to the following address: JAVID MOHMAND 817 MEADOW LANE CAMP HILL, PA 17011 MARK DUFFY, ESQUIRE JOHNSON DUFFY 301 MARKET STREET PO BOX 109 LEMOYNE, PA 17043-0109 Resp ctfully Submitted, John M. Ogden Mn cn ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHARLES W. HASH, SR., Plaintiff, V. NO. 08-5615 CIVIL ACTION - LAW JURY TRIAL DEMANDED JAVID MOHMAND and GULU INTEZAR, Defendant. CONSENT TO PARTIAL DISCONTINUANCE NOW COMES the Defendant, JAVID MOHMAND, and hereby consents to the partial discontinuance of the above cause of action with regard to GULU INTEZAR, as required under Pa.R.C.P. 229(b)(1). CAUTION: Before signing this consent you may have counsel of your choice review it. DATED: AVID MOHMAND w cjI 01/16/2009 14:53 FAX CHARLES W. HASH, SR., Plaintiff V. JAVID MOHMAND and GULU INTEZAR, Defendants la 002/003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5615 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO PARTIALLY DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter settled and discontinued with prejudice with respect to Defendant, Gulu Intezar. Further, please mark the above-captioned matter settled and discontinued with prejudice with respect to the lis pendens or lien created by the underlying complaint with respect to 817 Meadow Lane, Camp Hill, Pennsylvania 17011 or any other lis pendens or lien filed by the above-captioned Plaintiff, Charles W. Hash, Sr. It is the intent of the Plaintiff, Charles W. Hash, Sr., to release any lis pendens, lien, encumbrance or other claim he may have by virtue of this complaint or any other action in this or any other court to the property known and numbered as 817 Meadow Lane, Camp Hill, Pennsylvania 17011. Respectfully submitted: HOLT & OGDEN. LLP John .Ogden No h Queen Street Yor , PA 17403 (717) 846-0550 Attorneys for Plaintiff :355822 01/16/2009 14:53 FAX CERTIFICATE OF SERVICE Z003/003 AND NOW, this day of 0ava , 2009, the undersigned does hereby certify that he did this date serve a copy of the oregoing upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at York, Pennsylvania, addressed as follows: Mark C. Duffle, Esquire Attorney for Defendant, Gulu Intezar 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 HOLT &VGDEN, LLP By John . Ogden c,?