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HomeMy WebLinkAbout09-6783THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 queline F. McNally, Esquire / I.D. No. 201332 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, File No. 09-15601 COURT OF COMMON PLEAS CUMBERLAND COUNTY V. CONSTANCE L. ROSS, DIANE L. ROSS and OCCUPANT(S) of 1121 Apple Drive Mechanicsburg, PA 17055, Defendants. NO. Oq- (0783 0.11vi(Ter? CIVIL ACTION EJECTMENT NOTICE 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 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 (717) 249-3166 Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 (800) 990-9108 NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIV AR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONIRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION O POR CUALQIER QUEJA 0 ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO. SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO MMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 (800)990-9108 CIVIL ACTION -- EJECTMENT The Plaintiff, Household Finance Consumer Discount Company, is a corporation authorized to do business within the Commonwealth of Pennsylvania with its principal place of business located at 961 Weigel Drive, Elmhurst, Illinois 60126. 2. (a) The Defendant, Constance L. Ross, is an individual whom Plaintiff believes and therefore avers is residing at the property address, that being 1121 Apple Drive, Mechanicsburg, PA 17055, hereinafter referred to as the "Foreclosed Premises". (b) Defendant Diane L. Ross is an individual whom Plaintiff believes and therefore avers is residing at the Foreclosed Premises. (c) The Defendant (Unknown) Occupant(s) is/are individuals whom Plaintiff believes and therefore avers are residing at the Foreclosed Premises. 3. The Foreclosed Premises which are described at Exhibit "A" attached hereto and incorporated herein by reference, were sold at the Cumberland County Sheriffs Sale conducted on September 2, 2009, after due advertisement and according to law, under and by virtue of a Writ of Execution issued to satisfy a Judgment entered in the Cumberland Court of Common Pleas entitled Household Finance Consumer Discount Company v. Constance L. Ross and Diane L. Ross, Docket Number 09-576. 4. The Foreclosed Premises were purchased by the Plaintiff at the Sheriffs Sale, said sale results being a matter of public record. 5. The Plaintiff acquired title to the Foreclosed Premises by virtue of the Sheriffs Sale. It is the real and current owner entitled of the Foreclosed Premises by virtue of its Deed Poll recorded on September 29, 2009, with the Cumberland County Recorder of Deeds as Instrument Number 200933434. A copy of the recorded Sheriffs Deed Poll is appended hereto and incorporated herein by reference as Plaintiffs Exhibit "A". 6. The persons in possession of the Foreclosed Premises are believed to be the Defendants in this action and are occupying the Foreclosed Premises without right and without claim to title. 7. The Defendants herein named were duly served with Notices of the Sheriffs Sale held on September 2, 2009. 8. The Defendants herein named were duly served by certified and certificate of regular mail Tenant Notices under and in accordance with the "Helping Families Save Their Homes Act of 2009" on October 8, 2009. See Plaintiff s Exhibit "B". No response has been forthcoming from these Defendants. 9. Plaintiff has demanded possession of the Foreclosed Premises from the Defendants who have refused to deliver up the possession thereof. WHEREFORE, the Plaintiff, Household Finance Consumer Discount Company, respectfully requests entry of judgment for immediate possession of the Foreclosed Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: ffqu e F. McN ally, squi for Plaintiff Attorney I.D. No. 201332 CS-b I Milli 11 0.01_K09 _ Tax Parcel No. 17-23-0561-108 Know all Men by these Presents That 1, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar), to me in hand paid, do hereby grant and convey to Household Finance Consumer Discount Company Sale No. 77 Writ No. 2009-576 Civil Term Household Finance Consumer Discount Co vs. Constance L Ross Diane L Ross Atty: Terrance McCabe Situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, Bounded and Described as Follows, to wit: Beginning on the Eastern side of Apple Drive at the Dividing Line Between Lots Nos. 122 and 123 on the hereinafter mentioned plan of lots; thence along the Eastern side of Apple Drive, North 44 Degrees 04 minutes West, a distance of seventy- five (75) feet to a point on the dividing line between Lots Nos. 123 and 124 on the hereinafter mentioned plan; thence along said dividing line North 45 degrees 56 minutes East, a distance of one hundred thirty-five (135) feet to a point on line of lands now or formerly of Miller and Miller; thence along said lands now or formerly of Miller and Miller, South 44 degrees 04 minutes East, a distance of seventy-five (75) feet to a point on the dividing line between Lots Nos. 122 and 123 on the hereinafter mentioned plan; thence along the said dividing line between Lots Nos. 122 and 123, south 45 degrees 56 minutes West, a distance of one hundred thirty-five (135) feet to a point on the Eastern side of Apple Drive, the place of beginning. Being Lot No. 123 on Plan No. 2 of Orchard Crest, said plan being recorded in the Cumberland County Recorder's Office in Plan Book No. 13, Page 21. Being known as:: 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055. BEING the same premises which CONSTANCE L. ROSS, WIDOWED by deed dated February 7, 2006 and recorded February 21, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 273, Page 1163, granted and conveyed to Constance L. Ross and Diane L. Ross in fee. TAX MAP PARCEL NUMBER: 17-23-0561-108 s s The same having been sold by me to the said grantee on the 2nd day of September, Anno Domini Two Thousand and Nine (2009) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 26`h of May Anno Domini 2009 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Nine (2009) Number 576 at the suit of Household Finance Consumer Discount Company -vs- Constance L. Ross and Diane L. Ross. In Witness Wereof, I have hereunto affixed my signature this 24 day of September Anno Domini Two Thousand and Nine (2009) Thomas Kline, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 24 day of September Anno Domini Two Thousand and Nine (2009) NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 I hereby certify that the residence And Post Office address of the Within Grantee is 961 Weigel Drive Elmhurst, IL 60126 Solicitor • ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200933434 Recorded On 9/29/2009 At 10:11: 58 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 53188 User ID - MSW * Grantor - ROSS, DIANE L * Grantee - HOUSEHOLD FINAN CE CONS DISC CO * Customer - SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $0.00 DISTRICT MECHANICSBURG BOROUGH $0.00 TOTAL PAID $49.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA fc , RECORDER O D EDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 001K09 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire Kristen D. Little, Esquire Jacqueline F. McNally, Esquire Members of Pennsylvania and New Jersey Bars October 8, 2009 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 NEW JERSEY OFFICE Phone: (215) 653-7450 Fax: (215) 653-7454 Direct E-mail: Jmcnally@loba£com Direct Phone Ext. 119 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054-4318 Phone: (856) 596-5552 Fax: (856) 596-5589 File No. 09-15601 Via Certificate of Regular and Certified Mail (RRR) Constance L. Ross 1121 Apple Drive Diane L. Ross 1121 Apple Drive Occupant(s) 1121 Apple Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 RE: 1121 APPLE DRIVE, MECHANICSBURG, PA 17055 DEMAND FOR POSSESSION OF PROPERTY Dear Sir or Madam : On September 2, 2009, the property located at 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055, was sold at the Cumberland County Court of Common Pleas by the Cumberland County Sheriff as noticed. You are hereby notified that possession is demanded by the successful bidder at the Sheriffs Sale, Household Finance Consumer Discount Company. This Law Firm represents Household Finance Consumer Discount Company with respect to the above described property which was successfully bid at that Sheriffs Sale. We are presently waiting for the delivery of the Sheriff s Deed Poll to formalize ownership of the property which you presently occupy. a s Occupant(s) of 1121 Apple Drive October 8, 2009 Page 2 of 3 On May 20, 2009, President Barack Obama signed into law the "Helping Families Save Their Homes Act of 2009". The Act contains an amendment which protects existing tenants from immediate dispossession. Under certain circumstances, if you are a legitimate tenant with a written lease, you may be entitled to 90 days continued occupancy. According to the relevant portion of the Act: A tenancy is bona fide if the tenant is: "not the mortgagor, or the child, spouse or parent of the mortgagor"; and, the lease is the result of an arms-length transaction; and, the tenant is required to pay rent at or near fair market rate. The bona fide tenant must be permitted to remain a tenant until the end of her lease, or for at least 90 days, whichever is greater. Although not specifically stated, this implies that failure by the tenant to pay such rent would be sufficient cause to terminate the lease and begin the eviction process. Tenants at will and tenants under month-to-month leases are entitled to the 90-day notice only... In order for our office to evaluate your tenancy, it is imperative that you provide my office with certain information as soon as possible. I have provided you with a worksheet to be completed and returned to me in the self-addressed envelope provided for your convenience. Please note you must provide me with a copy of your Lease and/or proof of the rent amount you have been paying monthly. If you are still making rent payments to the former owner of the property, you may have no obligation to continue to do so. You may also have other rights pursuant to applicable state law. We recommend that you consult with an attorney regarding these important matters. If you do not have an attorney or cannot afford private counsel, you may be eligible to receive free or subsidized legal assistance through the Bar Association or a Legal Services Corporation in your county. A copy of the local listings is enclosed. Effective immediately, your rental payments must be made by money order, cashier's check, or certified check (DO NOT send cash or personal check), and should be made payable to: The Law Offices of Barbara A. Fein, P.C. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 On your Cashier's Check or Money Order, clearly indicate your Name and the Property Address, including your Apartment Number or Location. Payments must be made on the first day of each month unless otherwise specified. Failure to make timely payments will result in the assessment of a late charge and/or the commencement of eviction proceedings against you. Occupant(s) of 1121 Apple Drive October 8, 2009 Page 3 of 3 Upon receipt and review of the information and documents requested, you will be contacted regarding one (or more) of the following: Executing a new Lease; or Executing a "Use and Occupancy" Agreement; or Terms by which you may vacate the foreclosed property. Until that time, you may send your rent payments to The Law Offices of Barbara A. Fein, P.C. for that same amount. You must also cooperate with our client (and its real estate agents) in allowing access to the property for the purpose of inspection and marketing for sale. Please be advised that your failure to comply with the foregoing requests within fourteen (14) days of the date of this letter may result in the commencement of eviction proceedings. Thank you for your anticipated prompt cooperation. If you have any questions regarding this matter, please do not hesitate to call my office and ask to speak directly with me. If I am unavailable at the time you call, please leave me a detailed message which includes a telephone number where I can return your call. For any questions regarding your rights as a post-foreclosure tenant, you may contact me at (215) 653-7450 x 119. Please note that you may wish to consult an attorney to help you determine what rights you may have, if any, under the Protecting Tenants at Foreclosure Act of 2009. Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 (800) 990-9108 If you are an active member of the United States Armed Forces, you may be entitled to rights as provided in the Service Members Civil Relief Act. In such case, you or your attorney should contact this law firm immediately to determine if you fall under the protection of the Act. Sincerely, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: que 6 e F. McNally, Esquire JFM.jdl enc. QUESTIONNAIRE FOR 1121 APPLE DRIVE Your Full Name Apt Number Telephone Number(s) Your Social Security Number Name of your Employer & Employer's Address If you have a source of income other than your job (for example, child support, pension, social security), identify same Name all Adults who Occupy the Apartment Name all Minor Children who Occupy the Apartment Name & Address of the Person to Whom you have been Previously Paying your Rent When you return this form to my office in the envelope provided for your convenience, you must also provide me with the following: • A copy of your written lease ; • Proof of your alleged monthly rental amount (proof may be in the form of a copy of your lease showing the rent amount, or, if an oral lease, copies of cancelled checks or money orders) ; • Copies of utility bills for your unit for the past 3 months ; • A legible copy of your Driver's License or another form of government issued photo identification ; • The names of all occupants of the Property who are over 18 years of age ; and • Indicate whether you are a (HUD) Section 8 tenant. rv MEMO lip 1 Ln `n It . C3 tti Dr Postage p Certified Fee p r- Sheet Acr: 70o:: Postal Sel Vice C3 Return Receipt Fee C3 (Endorsemem Required) ° ResMctsd Delivery Fee rD (Endorsement Required) r? Total Postage & Fees Ul o [Sent on ° M CERTIFIED MAIL- REC EIPT M M (Domestic Only ; No Insurance C overage • . . . Lrl M 177! 117 Postage $ &Q) Q) D ?2 0 Certified Fee C3 O M u d Postmark Z (EndorsementR ire ) a. CpHere C3 n Restricted Fee (EndorsemeM eRequl?ed) G 3?' r ? v q O O r- Total Postage & Fees s Ln C3 Sent To Viane ° -l -- --------------------- or PO Box No. a If - _,_ U.S. Postal Service,, CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No insurance Coverage Providec J O OFFI .. ` Postage $ C1 , - Y -, ° N + s t7 Certified Fee . C Return Receipt Fee (Endorsement Required) (? ?? P re C3 Restricted Delivery Fee & D -B (Endorsement Required) Total Postage & Fees $ •? V C3 „«?/I? p t To ?'?' ° ?r:• ?? ;va_1121_Apl? 6) fR O V °7 v • ,A W 0 0 Z E N N 15 O ? y .? ? U • Ao > k ' U v? 0+4 C, O a-?y . { E a O " N n: o MC4 i oar a ° ? ? ^ Qo o va o• G c d - y M O [-? I o ? W ? G ctl u L: 'O O R O cI~d w = y y U U V d9 7 US E 'O L N - (y A O G , O O C1 m ,O_, FL lu , 2 .° F ~ O N Lt ? ? Cb w O O p X? O w 0 ? 5G ? cd . ./ ? \? ? r. O '' O v v? C 00 . U G? O m rn ?" V, y y ? A y A? .F m .O F, ? ,? 'a T y T? h G Cii G + i a r ? ? Jam' v ?' •? ? A ? cd O o N a ,.. b A O 5 O d U' 5. s c a N F. cY p- Ri ? w ?0 v a? ¢, -o .b own o N p ? x U ? ;?SUU ??? a0i N N N N W w v ? v v a, U ? W a o 0 0 ? ? `? w o d ? p i ? M ? Q. 0) C u ?? tn cn N a N ?]„? N a ?,,, O co, N A A A b _ ,? L a Y ?+ U N Q) U N cu U U N Q) Ifik- ?, z ° U r. A U O a w O N .V b Q V) W d m z Z0 z Wi ? ? Q cq L) N M Z Q O .a v ?n F ?-1 o? N M M 00 U N U O ter" a a N 7 O 0 0 o. o ? w ? 1190.4e VERIFICATION JACQUELINE F. MCNALLY, ESQUIRE, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Affidavit on her client's behalf, the allegations set forth herein all being matters of public record, upon information and belief, and that the statements made in the foregoing Civil Action in Ejectment are true and correct to the best of her knowledge, information and belief. The factual allegations set forth hereunder are all matters of public record to which the undersigned may attest and verify. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: J q ine F. McNally, Esqui orney for Plaintiff Dated: October 12, 2009 Q -$ t'P' Li.4 (Y - 1 1: !OTA?IIY 200;' L : T 13 nK i3? i *73.5o -Po ATtl 0& 7155 a er* a 31 s19 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy i14111 01 C1101b,*E1114 FILED- OF TW PAOT "TAAY 2069 OCT 2i AM 9: 15 Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor CU 'F: S'- d * c oum P iSYw" Household Finance Consumer Discount Co Case Number vs. Constance L Ross 2009-6783 SHERIFF'S RETURN OF SERVICE 10/21/2009 10:04 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2009 at 1000 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Constance L. Ross, by making known unto Brad Ross, adult in charge, at 1121 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/21/2009 10:04 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2009 at 1000 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Diane L. Ross, by making known unto Brad Ross, adult in charge, at 1121 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/21/2009 10:00 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2009 at 1000 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Occupant, by making known unto Brad Ross, adult in charge, at 1121 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $69.00 SO ISWERS, October 22, 2009 R THOMAS KLINE, SHERIFF Deput Sheriff THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Jacqueline F. McNally, Esquire / I.D. No. 201332 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09 V. CONSTANCE L. ROSS, DIANE L. ROSS and OCCUPANT(S) of 1121 Apple Drive Mechanicsburg, PA 17055, Defendants. PRAECIPE TO AMEND CAPTION TO NAME KNOWN OCCUPANT AS DEFENDANT IN POSSESSORY ACTION TO THE PROTHONOTARY: Pursuant to Pa. R.C.P. Rule 410(b)(2), kindly index "Brad Ross" as named Defendant to this possessory action insofar as a Deputy Sheriff for Cumberland County served him with the Complaint in Ejectment. The caption should now read: Household Finance Consumer Discount Companyy. Constance L Ross Diane L Ross Brad Ross and Occupant(s) of 1121 Apple Drive Mechanicsburg, PA 17055. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: ?.? J qu ne F. McNally, Esquire ttorney for Plaintiff Attorney I.D. No. 201332 FILED- D:FICILE . . 2099 OCT 30 PH 3: 31 cUM ?iI V 1 y TO: PLAINTIFF: You are hereby notified to file a written response to the enclosed Preliminary Objections within 20 days from service hereof or a judgment may be entered against you.00', RICHARD F. WEINSTEIN, ESQUIRE COURT OF COMMON PLEAS - CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EJECTMENT RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants Attorney I.D. No.: 52877 Athens Building 9 East Athens Avenue Suite 9D Ardmore, PA 19003-2219 (610) 896-3700 Household Finance Consumer Discount Company v No.: 09-6783 Civil Term Constance L. Ross, ; Diane L. Ross and Occupants 1121 Apple Drive Mechanicsburg, PA 17055 DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Pursuant to Pa. R.C.P. 1028(a) Defendants, by and through their attorney, Richard F. Weinstein, Esquire, hereby preliminarily object to Plaintiff's Complaint and in support hereof aver as follows: MOTION TO STRIKE FOR LACK OF CONFORMITY TO LAW FAILURE TO CONFORM TO PA R C P 1002 AND PA R C P 1024(C) Plaintiff's Complaint is verified by Plaintiff's counsel in derogation of Pa.R.C.P. 1002 and 1024(c) requiring verification by a party. Moreover, Plaintiff does not lack sufficient information or knowledge such as would permit verification by someone other than Plaintiff. Additionally, verification was reasonably obtainable within the time allowed for filing the said Complaint. 2. Plaintiff s counsel's verification does not state that she has sufficient knowledge or information and belief to make the said verification, nor does it set forth the source of her information as to matters not stated upon her own knowledge. Additionally, the subject verification does not state the reason why the verification was not made by Plaintiff. WHEREFORE, Defendants pray your honorable Court sustain their objections, deny Plaintiff s claim, and dismiss this cause of action against them. RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants COURT OF COMMON PLEAS - CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EJECTMENT RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants Attorney I.D. No.: 52877 Athens Building 9 East Athens Avenue Suite 9D Ardmore, PA 19003-2219 (610) 896-3700 Household Finance Consumer Discount Company v Constance L. Ross, Diane L. Ross and Occupants 1121 Apple Drive Mechanicsburg, PA 17055 No.: 09-6783 Civil Term CERTIFICATION OF SERVICE I, Richard F. Weinstein, Esquire, hereby certify that a true and correct copy of the above- referenced Preliminary Objections to Plaintiffs Complaint, and Memorandum of Law, filed in the above-captioned matter, were served upon the following by first class United States Mail, postage Jacqueline F. McNally, Esquire The Law Offices of Barbara A. Fein, P.C. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034-2717 HA F. WEINSTEIN, ESQUIRE Attorney for Defendants COURT OF COMMON PLEAS - CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EJECTMENT RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants Attorney I.D. No.: 52877 Athens Building 9 East Athens Avenue Suite 9D Ardmore, PA 19003-2219 (610) 896-3700 Household Finance Consumer Discount Company v Constance L. Ross, Diane L. Ross and Occupants 1121 Apple Drive Mechanicsburg, PA 17055 No.: 09-6783 Civil Term MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT LAW AND ARGUMENT Pa.R.C.P. 1002 states: Any act other than verification required or authorized by this chapter to be done by a party may be done by the party's attorney. Id. Pa.R.C.P. 1024(c) states: The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of his information as to matters not stated upon his own knowledge and the reason why the verification is not made by a party. Id. Improper verification of a complaint may not be brushed aside as a mere legal technicality and may result in waiver of rights by the pleader. Rupel v. Bluestein, 280 Pa. Super. 65, 421 A.2d 406(1980); Warren v. Williams, 370 Pa. 380, 88 A.2d 406 (1952). Moreover, in Malantonio v. Malantonio, 37 D. & C. 687, the Court stated that Rule 1002 specifically prohibits an attorney from verifying a pleading. An attorney may verify only in those cases in which the conditions enumerated in rule 1024(c) are present. Monroe Contract Corp. v. Harrison Square Inc., 405 A.2d 954, 266 Pa.Super. 549, 1979. Nothing in the present record suggests that Plaintiff lacked sufficient knowledge or information to verify the complaint. Indeed, all indications are to the contrary. Also, Plaintiff could avoid the duty to make personal verification of the complaint only if Plaintiff were outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing of the pleading. 2 Goodrich-Amram 2d § 1024(c): I at 220 n 39. The verification did it set forth a valid reason why the verification was not made by the party filing the pleading, in violation of Pa.R.C.P. 1024(c), as the above-described exigencies did not exist at time of filing. Nothing in the record dispositively evidences the satisfaction of these conditions. Indeed, counsel's verification has a further defect in that it did not state which allegations were made on the basis of counsel's own knowledge or the source of counsel's information as to matters not stated on her own knowledge. Berger v. City of Williamsport, 12 D. & C. 4th 397, 1990. CONCLUSION For the foregoing reasons the court should rule in favor of Defendants and against Plaintiff. Respectfully submitted, I ARD F. WEINSTEIN, ESQUIRE VERIFICATION I, Richard F. Weinstein, Esquire, attorney for Defendants herein, hereby verify that the facts set forth in the foregoing Defendants' Preliminary Objections to Plaintiff s Complaint are true and correct to the best of my knowledge, information and belief. This verification is being made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. f, 1116CH,-A-RD F. WEINSTEIN, ESQUIRE ?,?? '11.x'.'? ?` .'? 0 :, F` L _ .? t ?'t ?? t' t v ?i l { _ ? COURT OF COMMON PLEAS - CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EJECTMENT RICHARD F. WEINSTEIN, ESQUIRE Attorney I.D. No.: 52877 Athens Building 9 East Athens Avenue Suite 9D Ardmore, PA 19003-2219 (610) 896-3700 Attorney for Defendants Household Finance Consumer Discount Company v No.: 09-6783 Civil Term Constance L. Ross, Diane L. Ross and Occupants 1121 Apple Drive Mechanicsburg, PA 17055 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants Constance L. Ross and Diane L. Ross in the above-captioned cause of action. YWEINSTEIN, ESQUIRE Attorney for Defendants ?,-, - (:? .. ?':,??f ?.y ,n ltiJ ic?V• ? ? f.. 1 i?. L THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Jacqueline F. McNally, Esquire / I.D. No. 201332 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CONSTANCE L. ROSS, DIANE L. ROSS, BRAD ROSS and OCCUPANT(S) of 1121 Apple Drive Mechanicsburg, PA 17055, Defendants. NO. 09-6783 CERTIFICATION OF SERVICE I, Barbara A. Fein, Esquire, hereby certify that a true and correct copy of the foregoing Plaintiff's Amended Civil Action in Ejectment together with its Exhibits, its Certificate of Service, and a Praecihe to Amend Complaint in accordance with Pa.R.C.P. Rule 1028(c)(1) was served upon the following parties/counsel as stated on the 25`'' day of November, 2009, by first-class mail, postage pre-paid: Richard F. Weinstein, Esquire Brad Ross Occupant(s) Athens Building 1121 Apple Drive 1121 Apple Drive 9 East Athens Avenue, Ste 9D Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Ardmore, PA 19003-2219 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: n a ueline F. McNally, Esquire Counsel for the Plaintiff 2~s9 is~!$a . V is i ~~ ~G i~~~_ ;, l '~ } ...r THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Jacqueline F. McNally, Esquire / I.D. No. 201332 425 Commerce Drive, Suite 100 Pile No. 09-1560! Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CONSTANCE L. ROSS, DIANE L. ROSS, BRAD ROSS and OCCUPANT(S) of 1121 Apple Drive Mechanicsburg, PA 17055, Defendants. NO. 09-6783 AMENDED CIVIL ACTION EJECTMENT NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THIi 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 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 (717) 249-3166 Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 (800)990-9108 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARBiNCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHI V AR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDF., I.A CORTF TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICAC[ON O POR CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFIC[ENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC[NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service (717)249-3166 Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 (800)990-9108 AMENDED CIVIL ACTION -- EJECTMENT 1. The Plaintiff, Household Finance Consumer Discount Company, is a corporation authorized to do business within the Commonwealth of Pennsylvania with its principal place of business located at 961 Weigel Drive, Elmhurst, Illinois 60126. 2. (a) The Defendant, Constance L. Ross, is an individual whom Plaintiff believes and therefore avers is residing at the property address, that being 1121 Apple Drive, Mechanicsburg, PA 17055, hereinafter referred to as the "Foreclosed Premises". (b) Defendant Diane L. Ross is an individual whom Plaintiff believes and therefore avers is residing at the Foreclosed Premises. (c) Defendant Diane L. Ross is an individual whom Plaintiff believes and therefore avers is residing at the Foreclosed Premises. (d) The Defendant (Unknown) Occupant(s) is/are individuals whom Plaintiff believes and therefore avers are residing at the Foreclosed Premises. 3. The Foreclosed Premises which are described at Exhibit "A" attached hereto and incorporated herein by reference, were sold at the Cumberland County Sheriff s Sale conducted on September 2, 2009, after due advertisement and according to law, under and by virtue of a Writ of Execution issued to satisfy a Judgment entered in the Cumberland Court of Common Pleas entitled Household Finance Consumer Discount Company v. Constance L. Ross and Diane L. Ross, Docket Number 09-576. 4. The Foreclosed Premises were purchased by the Plaintiff at the Sheriffs Sale, said sale results being a matter of public record. 5. The Plaintiff acquired title to the Foreclosed Premises by virtue of the Sheriff s Sale. It is the real and current owner entitled of the Foreclosed Premises by virtue of its Deed Poll recorded on September 29, 2009, with the Cumberland County Recorder of Deeds as Instrument Number 200933434. A copy of the recorded Sheriffs Deed Poll is appended hereto and incorporated herein by reference as Plaintiff s Exhibit "A". 6. The persons in possession of the Foreclosed Premises are believed to be the Defendants in this action and are occupying the Foreclosed Premises without right and without claim to title. 7. The Defendants herein named were duly served with Notices of the Sheriff s Sale held on September 2, 2009. 8. The Defendants herein named were duly served by certified and certificate of regular mail Tenant Notices under and in accordance with the "Helping Families Save Their Homes Act of 2009" on October 8, 2009. See Plaintiff s Exhibit "B". No response has been forthcoming from these Defendants. 9. Plaintiff has demanded possession of the Foreclosed Premises from the Defendants who have refused to deliver up the possession thereof. WHEREFORE, the Plaintiff, Household Finance Consumer Discount Company, respectfully requests entry of judgment for immediate possession of the Foreclosed Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. O 1 BY: e.-~--~ q ~ line F. McNally, squ' e ttorney for Plaintiff Attorney I.D. No. 201332 -- 3 11~~~ .~ .~~ R ~ ~ ~~ _ _0.01_x_09_ _ _ Tax Parcel No. 17-23-OS61-10$ Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar), to me in hand paid, do hereby grant and convey to Household Finance Consumer Discount Company Sale No. 7T Writ No. 2009-576 Civil Term Household Finance Consumer Discount Co VS. Constance L Ross Diane L Ross Atty: Terrance McCabe Situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, Bounded and Described as Foilows, to wit: Beginning on the Eastern side of Apple Drive at the Dividing Line Between Lots Nos. 122 and 123 on the hereinafter mentioned plan of lots; thence along the Eastem side of Apple Drive, North 44 Degrees 04 minutes West, a distance of seventy- five (75) feet to a point on the dividing line between Lots Nos. 123 and 124 on the hereinafter mentioned plan; thence along said dividing line North 45 degrees 56 minutes East, a distance of one hundred thirty-five (135) feet to a point on line of lands now or formerly of Miller and Miller; thence along said lands now or formerly of Miller and Miller, South 44 degrees 04 minutes East, a distance of seventy-five (75) feet to a point on the dividing line between Lots Nos. 122 and 123 on the hereinafter mentioned plan; thence along the said dividing line between Lots Nos. 122 and 123, south 45 degrees 56 minutes West, a distance of one hundred thirty-five (135) feet to a point on the Eastem side of Apple Drive, the place of beginning. Being Lot No. 123 on Plan No. 2 of Orchard Crest, said plan being recorded in the Cumberland County Recorder's Office in Plan Book No. 13, Page 21. Being known as:: 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055. BEING the same premises which CONSTANCE L. ROSS, WIDOWED by deed dated February 7, 2006 and recorded February 21, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 273, Page 1163, granted and conveyed to Constance L. Ross and Diane L. Ross in fee. TAX MAP PARCEL NUMBER: 17-23-0561-108 :EXHIBIT ~_ o~. ; x ~~ 3 ~m - The same having been sold by me to the said grantee on the 2nd day of September, Anno Domini Two Thousand and Nine (2009) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 26`h of May Anno Domini 2009 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Nine (2009) Number 576 at the suit of Household Finance Consumer Discount Company -vs- Constance L. Ross and Diane L. Ross. In Witness Wereof, I have hereunto affixed my signature this 24 day of September Anno Domini Two Thousand and Nine (2009) ~ ~' . . Thomas Kline, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cu~r~berland County aforesaid, and. in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 24 day of September Anno Domini Two Thousand and Nine (2009) ~; t„h,~1,'aal~°~ „.. L a:..is v r~ . CQj,. ~ f ~y`~, "~:~.*+ 4 x r. `~ ~ ; `~ rt ~~ ~~ t, a ~'`~ F ~ ..ry,~ ~~ NOTARIAL SEAL PAOTHONOTARY, NOTARY PU9LIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 I hereby certify that the residence And Post Office address of the Within Grantee is 961 Weigel Drive Elmhurst, IL 60126 SO11C7tOT ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200933434 Recorded On 9/29/2009 At 10:11: 58 AM * Instrument Type -DEED-SHERIFF'S Invoice Number - 53188 User ID - MSW * Grantor -ROSS, DIANE L * Grantee -HOUSEHOLD FINAN CE CONS DISC CO * Customer -SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $0.00 DISTRICT MECHANICSBURG BOROUGH $0.00 TOTAL PAID $49.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ~y of cv~eQ ~ ° RECORDER O D EDS t7ao * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. uiiiuouViiiiuou~ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire Kristen D. Little, Esquire Jacqueline F. McNally, Esquire Members of Pennsylvania and New Jersey Bars 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 NEW JERSEY OFFICE Phone: (215)653-7450 Fax: (215)653-7454 Direct E-mail: Jmcnally@loba£com Direct Phone Ext. 119 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054-4318 Phone: (856) 596-5552 Fax: (856)596-5589 File No. 09-15601 October 8, 2009 Via Certificate of Regular and Certified Mail (RRR) Constance L. Ross 1121 Apple Drive Diane L. Ross 1121 Apple Drive Occupant(s) 1121 Apple Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 RE: 1121 APPLE DRIVE, MECHANICSBURG, PA 17055 DEMAND FOR POSSESSION OF PROPERTY- Dear Sir or Madam On September 2, 2009, the property located at 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055, was sold at the Cumberland County Court of Common Pleas by the Cumberland County Sheriff as noticed. You are hereby notified that possession is demanded by the successful bidder at the Sheriffs Sale, Household Finance Consumer Discount Company. This Law Firm represents Household Finance Consumer Discount Company with respect to the above described property which was successfully bid at that Sheriff s Sale. We are presently waiting for the delivery of the Sheriff s Deed Poll to formalize ownership of the property which you presently occupy. EXHIBIT_ a`' E ?l/ ~ a 3m -, i Occupant(s) of 1121 Apple Drive October 8, 2009 Page 2 of 3 On May 20, 2009, President Barack Obama signed into law the "Helping Families Save Their Homes Act of 2009". The Act contains an amendment which protects existing tenants from immediate dispossession. Under certain circumstances, if you are a legitimate tenant with a written lease, you maybe entitled to 90 days continued occupancy. According to the relevant portion of the Act: A tenancy is bona fide if the tenant is: "not the mortgagor, or the child, spouse or parent of the mortgagor"; and, the lease is the result of an arms-length transaction; and, the tenant is required to pay rent at or near fair market rate. The bona fide tenant must be permitted to remain a tenant until the end of her lease, or for at least 90 days, whichever is greater. Although not specifically stated, this implies that failure by the tenant to pay such rent would be sufficient cause to terminate the lease and begin the eviction process. Tenants at will and tenants under month-to-month leases are entitled to the 90-day notice only... In order for our office to evaluate your tenancy, it is imperative that you provide my office with certain information as soon as possible. I have provided you with a worksheet to be completed and returned to me in the self-addressed envelope provided for your convenience. Please ~zote you must provide ine with a copy of your Lease and/or proof of the rent amount you have been paying monthly. If you are still making rent payments to the former owner of the property, you may have no obligation to continue to do so. You may also have other rights pursuant to applicable state law. We recommend that you consult with an attorney regarding these important matters. If you do not have an attorney or cannot afford private counsel, you maybe eligible to receive free or subsidized legal assistance through the Bar Association or a Legal Services Corporation in your county. A copy of the local listings is enclosed. Effective immediately, your rental payments must be made by money order, cashier's check, or certified check (DO NOT send cash or personal check), and should be made payable to: The Law Offices of Barbara A. Fein, P.C. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 On your Cashier's Check or Money Order, clearly indicate your Name and the Property Address, including your Apartment Number or Location. Payments must be made on the first day of each month unless otherwise specified. Failure to make timely payments will result in the assessment of a late charge and/or the commencement of eviction proceedings against you. Occupant(s) of 1121 Apple Drive October 8, 2009 Page 3 of 3 Upon receipt and review of the information and documents requested, you will be contacted regarding one (or more) of the following: Executing a new Lease; or Executing a "Use and Occupancy" Agreement; or Terms by which you may vacate the foreclosed property. Until that time, you may send your rent payments to The Law Offices of Barbara A. Fein, P.C. for that same amount. You must also cooperate with our client (and its real estate agents) in allowing access to the property for the purpose of inspection and marketing for sale. Please be advised that your failure to comply with the foregoing requests within fourteen (14) days of the date of this letter may result in the commencement of eviction proceedings. Thank you for your anticipated prompt cooperation. If you have any questions regarding this matter, please do not hesitate to call my office and ask to speak directly with me. If I am unavailable at the time you call, please leave me a detailed message which includes a telephone number where I can return your call. For any questions regarding your rights as apost-foreclosure tenant, you may contact me at (215) 653-7450 x 119. Please note that you may wish to consult an attorney to help you determine what rights you may have, if any, under the Protecting Tenants at Foreclosure Act of 2009. Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 (800) 990-9108 If you are an active member of the United States Armed Forces, you may be entitled to rights as provided in the Service Members Civil Relief Act. In such case, you or your attorney should contact this law firm immediately to determine if you fall under the protection of the Act. Sincerely, THE LAW OFFICES OF BARBARA A. FEIN, P.C. ~que ~ne F. McNally, Esquire JFM: jdl enc. QUESTIONNAIRE FOR 1121 APPLE DRIVE Your Full Name Apt Number Telephone Number(s) Your Social Security Number Name of your Employer & Employer's Address If you have a source of income other than your job (for example, child support, pension, social security), identify same Name all Adults who Occupy the Apartment Name all Minor Children who Occupy the Apartment Name & Address of the Person to Whom you. have been Previously Paying your Rent When you return this form to my office in the envelope provided for your convenience, you must also provide me with the following: • A copy of your written lease ; • Proof of your alleged monthly rental amount (proof maybe in the form of a copy of your lease showing the rent amount, or, if an oral lease, copies of cancelled checks or money orders} ; • Copies of utility bills for your unit for the past 3 months ; • A legible copy of your Driver's License or another form of government issued photo identification ; • The names of all occupants of the Property who are over 18 years of age ;and • Indicate whether you area (HUD) Section 8 tenant. r.~! +.s t 1 9 1' ~ ~ ~ ® 1 V 11-10 i~rui 6'S (17omestic Mail Only; No Insuran J W ~ ~ '°aU F xl, ~ ~ Postage ~~`` /}, $ V .~ ° D Certified Fee ~ .~ ~ ° Retum Receipt Fee ^ ' ~ (Endorsement Required) • V ° Restricted Delivery Fee ,~ (Endorsement Required) a '~ Total Postage & Fees ~ S Ltl o senr ro onstanct ~ Street, Apt.lVo.; r ~'Z~-r~ or PO Box No. _ ,_ .~ .;, , m (7l ~ ~ ;r •. ~ 1. • ,., t_rl F ~ qs ° >~ q y,~ °~' Postage $ Q,~ 0 ~~ a C~ 0 Certified Fee a. ~~ ~~ ~~ P Home ~ ~ ~ Aeturn Receipt Fee ~ Postmark Z ~• (Endorsement Required) ~. Here ~ -~ D ° Restricted Delivery Fee C ~? ~ ~® ~ ~ (Endorsement Required) ~ ~ ~~ ~ $ t ~ ~~ ~ Total Postage & Fees ~ . l~ ~wO ul ° Sent TO OSS -------------- ------------- !ti Street, Apt. Ne.j ° - --1-1-~-1~- Appi~e Drive-------------------- - - ------------ i rr n c c or PO Box No. ~ :,r _ -a _ _ ~• O ~ ~ ~ ~ r, .-. ,~ ..D ° s 3 CL z O Postage $ Q . ~ ~ Sy~ti ~ Certified Fee. ,~7 ' S~(~ f ` ' ~ ° V J 6d ° Return Receipt Fee (Endorsement Required) r~ fl/ ~~ t ~ P G re ° Restricted Delivery Fee (f~ D ,~ (Endorsement Required) ~ ~ v' Total Postage & Fees ~ /~ uOy,Q ,~uO~ ' 7 Q Sent To ~ V 0 1121 Ap~zl~ e N _ srr~pr a;;r N;; - ha m~ O M ``~~00 N 6) ~~ ~~ ~ a~ ~ a_Q ~ . ~ ~~f. N N W OP t ~ ~~ 0 ~ ~ ~ ~ a °~ pyy, w~ r• w !l . ~' (n N N w ~ ~~ .___.. ~, ~_°~ ~ccd ~ O O G ~ a' ~., -d Q ~ °-' .~ .~ Q cn U y ~_ •-+ ~` U '~, 3 3 ~ v U'a:^^ a~ N ~ .5> b ~ ~~ i ~ ~ ~. ~ ' ~. > ~ ~ ~ ~ U Q u .~ W ~~-' O Oq ~ P- ~ °'Qw :d M `°~ ~ =o~ x~ " U .~ U v w v ~ ~ U P, 0 ~ ~ •~ W w o 0 0 0 Q o ca ~ L +~+ M C d ~ ~ ~ ~ pa „ ~ 0 ~ 0 ~ 0 a ~ c ~, A ~ U ~ O ~ fn ~ QI ~ h-~i ~ Qi O ~ ;~ ~ c~ '" ~ ~ ~ bin ' ~ awn ~l U b~ ~ Q, U ~ w p. U ~ p., U d N L Q U ~+~+ ~ ~ ~ 1 Q" ~-+"~ ~ ~ ¢+ ~y ~ H ~ ~ O w N ft ~ •--~ CCf ~ ~ '~ ~ CC) ~ ~ .: ~~ ~ U U cV U U cd tV U U U U N N F. V ' z~„w ~ ~ ~¢` ¢ z z' o ~ w ~Q~ N 7 ~ ~-, N c ~ N m ~ ~ ~ ~ ~ ~ '- ~ w x '~ U = N 7 7 U N ~ U ~'^ .O-~ ~ N y O ~ ~ U °?~o~°o a O c +-'o~=~`n bn o a ~ ~ _ K p U 'D to <tl W ~ ctl V ti =~~~oa a N .- . ~No~ ~ ~, o- a ~ ° ~ o `~ ~ ~ ~ o~v.o ~-u. p ~ ~ ti ~ ~ ~ ~ ~ c .D ~ ,~ ~ O OOA ' 0. H ~ 4- '~ .C ~j O p X ~ ~ ~ Z ~ COW c ~ W ~~ ~N ~ ~ O w p, ~ p, frg o4 F O h ~ ~ ~ 'v ~ ~ .G ~ ~ ~ 0. c .o c n'e ~ f~N~/ U cd ~ N '_ G _ W ~? .~ c .~ ~ `~ .E U U E °~ E .c cn m Z ~" .~ .~ U Y O N >~ C LYi W a a% W H Q o~i m ~tiVv PO, ~ rn N ~ U ~w °: w a, O 4. O ~ ;a ~ b z~ ~ ~ .~ id F" ~Ki a~ U N a w o ~ b ~ N M ~ ~ ~ T z~ -b °~ Ha N ,~0 W o ~ ~o w ~., ti 0 U o ._~ o ~ z~ ~, ~~ ~ ~ ox - nA 190,?e VERIFICATION The undersigned, an officer of Household Finance Consumer Discount Company, being duly authorized to make this Verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Pleading are taken from the records maintained by persons supervised by the undersigned who maintains the Plaintiff's business records in the ordinary course of business and that those facts are true and correct to the best of her knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY icole Gatchel ~ ~ Asst. ViC~ ''-~~ident BY: ame: In His/Her Capacity as Title: roc ~'~'~ r .. ' ~ `: ~~~;~V t,. 1'i ~ ~ ..., ~'9 ~~ ~~'_ ~~: a _'~. 1N THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, v. CONSTANCE L. ROSS, DIANE L. ROSS, BRAD ROSS and OCCUPANT(S) of 1121 Apple Drive Mechanicsburg, PA 17055, Defendants. NO. 09-6783 PRAECIPE TO AMEND COMPLAINT IN ACCORDANCE WITH PA R.C.P. RULE 1028(cl(1) TO THE PROTHONOTARY: In accordance with Pa. R.C.P. Rule 1028(c)(1), Plaintiffrespectfully requests that you accept, file and docket the appended "Amended Civil Action in Ejectment". Under the Rule, the pending Preliminary Objections are deemed MOOT. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: e,,., ~ C I qu dine F. McNally, Esquir torney for Plaintiff Attorney I.D. No. 201332 ~~f f ~ ;- t 1~~ n`/ ;fir ~r ~ (" '`4 .! ~~.i rYti-I1 . ~ _ t ~~J ~'~ _ _ { ~. -; r THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, v. CONSTANCE L. ROSS, DIANE L. ROSS, BRAD ROSS and OCCUPANTS OF 1121 Apple Drive Mechanicsburg, PA 17055, Defendants. 1 iF.Gf,J i,Jl't'li,,~ tJF 3'Nc ~'~~ }-?Ch~,~ ;CRY 20la SAY 12 P~! 3~ 0~ i..! :~~'~fiY PEi1Ji~SYLU~;^>1 COURT OF COMMON PLEAS CUMBERLAND COUNTY Oq-(o'I$3 NO. PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue a Writ of Possession in the above matter with respect to real property situated at 1121 Apple Drive, Mechanicsburg, PA 17055. ~ a.~f • oo p p A-ny THE LAW OFFICES OF BARBARA A. FEIN, P.C. lc4.0o (~F ~Q•00 ~~ ~8.5'O ~' i ~-I~ . oo ~ ~ - . d~• oo '' BY: ~ v~ isten D. Little, quire '~o21a.5D -Pp ATT'~ Attorney for Plaintiff ~a. oo Qne~ c~.s'~ 7 2t A ~o l~3 0~.9 ~~ a~~~~a w~~+~ ~~ Situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, Y Bounded and Described as Follows, to wit: Beginning on the Eastern side of Apple Drive at the °~ Dividing Line Between Lots Nos. 122 and 123 on the hereinafter mentioned plan of lots; thence along the Eastem side of Apple Drive, North 44 Degrees 04 minutes West, a distance of seventy- five (75) feet to a point on the dividing line between Lots Nos. 123 and 124 on the hereinafter mentioned plan; thence along said dividing line North 45 degrees 56 minutes East, a distance of one hundred thirty-five (135) feet to a point on line of lands now or formerly of Mlller and Miller; thence along said lands now or formerly of Miller and Miller, South 44 degrees 04 minutes East, a distance of seventy-five (75) feet to a point on the dividing line between Lots Nos. 122 and 123 on the hereinafter mentioned plan; thence along the said dividing line between Lots Nos. 122 and 123, south 45 degrees 56 minutes West, a distance of one hundred thirty-five {135) feet to a point on the Eastem side of Apple Drive, the place of beginning. Being Lot No. 123 on Plan No. 2 of Orchard Crest, said plan being recorded in the Cumberland County Recorder's Office in Plan Book No. 13, Page 21. Being,known as:: 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055. BEING the same premises which CONSTANCE L. ROSS, WIDOWED by deed dated February 7, 2006 and recorded February 21, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 273, Page 1163, granted and conveyed to Constance L. Ross and Oiane L. Ross in fee. TAX MAP PARCEL NUMBER: 17-23-0561-108 Situate in~the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, Bounded and Described as Follows, to wit: Beginning on the Eastern side of Apple Drive at the •. ~~ Dividing Line Between Lots Nos. 122 and 123 on the hereinafter mentioned plan of lots; thence along the Eastem side of Apple Drive, North 44 Degrees 04 minutes West, a distance of seventy- five (75) feet to a point on the dividing line between Lots Nos. 123 and 124 on the hereinafter mentioned plan; thence along said dividing line North 45 degrees 56 minutes East, a distance of one hundred thirty-five (135) feet to a point on line of lands now or formerly of Miller and Miller; thence along said lands now or formerly of Miller and Miller, South 44 degrees 04 minutes East, a distance of seventy-five (75) feet to a point on the dividing line between Lots Nos. 122 and 123 on the hereinafter mentioned plan; thence along the said dividing line between Lots Nos. 122 and 123, south 45 degrees 56 minutes West, a distance of one hundred thirty-five (135) feet to a point on the Eastem side of Apple Drive, the place of beginning. Being Lot No. 123 on Plan No. 2 of Orchard Crest, said plan being recorded in the Cumberland County Recorder's Office in Plan Book No. 13, Page 21. Being known as:: 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055. BEING the same premises which CONSTANCE L. ROSS, WIDOWED by deed daied February 7, 2006 and recorded February 21, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 273, Page 1163, granted and conveyed to Constance L_ Ross and Diane L. Ross in fee. TAX MAP PARCEL NUMBER: 17-23-0561-108 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Kevin B. Ross and Diane L. Ross Debtor Household Finance Consumer Discount Company Movant v. Kevin B. Ross and Diane L. Ross Respondent/Debtor Lawrence G. Frank, Trustee, Additional Respondent CHAPTER? BANKRUPTCY NO. 1-10-bk-02717 11 U.S.C.§362 Related to Document Number 10 Upon consideration of Household Finance Consumer Discount Company's Motion for Relief and Request for a Prospective Bar, it is hereby ORDERED AND DECREED that: (1) The Automatic Stay of all proceedings, as provided under Section 362 of the Bankruptcy Reform Act of 1978 ("The Code"), 11 U.S.C. 362, is modified allow Household Finance Consumer Discount Company to proceed with, or to resume proceedings in Civil Ejectment, including, but not limited to the possession of the "Mortgaged Premises" known as 1121 Apple Drive, Mechanicsburg, PA 17055; and to take action, by suit or otherwise, in its own name or the name of its assignee or servicer, to secure possession of said premises; and (2) IT IS FURTHER ORDERED that no future bankruptcy filings of the Respondents/Debtors, Kevin B. Ross and Diane L. Ross, and any other party, Co-Occupants of the Foreclosed Premises, and the Co-Defendants named in the Movant's pending Ejectment Action in the Court of Common Pleas for Cumberland County, will affect, delay, stay, or impact the pending ejectment action, including any scheduled lockout of the subject premises; and (3) The relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code; and (4) IT IS FURTHER ORDERED that the 10 day stay period under F.R.B.P. Rule 4001(a)(3) is hereby waived and the Movant, its successors in interest and/or assigns may IMMEDIATELY act upon this Order for Relief from the Automatic Stay. ~~ ~~~' ~y~}~Q~~ Dated: May 4, 2010 .B~ rt~p t Jett ~~~ ~s d nt ~ ~ tr c ~ d cxnd d r~r~ ~ me date. Case 1:10-bk-02717-MD Doc 2~ Fi~ec~0~/0~0 Entered 05/04/0 ~~:28:56 Desc Main Document Page 1 of 1 1 of 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY VS. No. 09-6783 Civil Term_ CONSTANCE L. ROSS, DIANE L. ROSS, BRAD ROSS and OCCUPANTS 1121 Apple Drive Mechanicsburg, PA 17055 Costs Attorney's $ 278.50 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY being: (Premises as follows): 1121 APPLE DRIVE, MECHANICSBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. David D. Buell, Pr thonotary, Common Pleas Court of Cumberland County, PA Date 5/12/10 (Seal) 2of2 No 09-6783 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY VS. CONSTANCE L. ROSS, DIANE L. ROSS, BRAD ROSS and OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 278.50 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: BARBARA A. FEIN, ESQUIRE -- ID#53002 425 COMMERCE DRNE, SUITE 100 FORT WASHINGTON, PA 19034 215-653-7450 Attorney for Plaintiff (s) By virtue of this writ, on the named appurtenances, and Where papers may be served day of I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy `! SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~ . of ~`airatrrr(rr r}~~..~-'L~'r ~;~ ~ s Jody S Smith Chief Deputy Richard W Stewart ?Q~~ ~~~ 2z '~~ ~' S~ r~ Solicitor CtiPr~~ ,~ s a,J c:~:Ji,+~t1YY i A Household Finance Consumer Discount Co Case Number vs. 2009-6783 Constance L Ross (et al.) SHERIFF'S RETURN OF SERVICE 05/24/2010 08:12 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 24, 2010 at 2012 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Occupant(s), by making known unto Brad Ross, Adult in Charge, at 1121 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/24/2010 08:12 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on May 24, 2010 at 2010 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Brad Ross, by making known unto Brad Ross, at 1121 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 05/26/2010 03:35 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on May 26, 2010 at 1535 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Constance L. Ross by making known unto Brad Ross, Adult in Charge, at 1121 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/26/2010 03:35 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on May 26, 2010 at 1535 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Diane L. Ross, by making known unto Brad Ross, Adult it Charge, at 1121 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/21/2010 By virtue of this writ, on the 21st day of June, 2010, Sheriff Ronny R. Anderson caused the within named Household Finance Consumer Discount Company, to have possession of the premises described as 1121 Apple Drive, Mechanicsburg, PA 17055. SHERIFF COST: $101.43 SO ANSWERS, ~, June 22, 2010 RON R ANDERSON, SHERIFF `' ~ / ' ~./ ..~ ron R. Lantz' ~,/ ~ -~"~ ~~' . CGS . r~ # ~ y y/~%y' THE LAW OFFICES OF BARBARA A. FEIN, P.C. Kristen D. Little, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 Phone (215) 653-7450 /Fax (215) 643-7454 Email: generalinfo@lobaf.com Attorneys for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, File No. 09-15601 COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.09-6783 v. CONSTANCE L. ROSS, DIANE L. ROSS, BRAD ROSS and OCCUPANTS OF 1121 Apple Drive Mechanicsburg, PA 17055, Defendants. PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: ^~ c- K - c~ ~i ,,~, ~- ~~ ~ ns` ~ f,- - Kindly mark the judgment entered in the above captioned Civil Action -Ejectment satisfied. Dated: July 29, 2010 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: isten D. Little, Esquire Attorney for Plaintiff Attorney I.D. No. 79992 ~. ov p~ 73 ~~!/ ~ ~y~ ~4~ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, v. CONSTANCE L. ROSS, DIANE L. ROSS, BRAD ROSS and OCCUPANTS OF 1121 Apple Drive Mechanicsburg, PA 17055, Defendants. File No. 09-15601 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-6783 c~ c.- ~ ;=; C ~ . T- ,,, ,, ~ ~ . ~ , ~ ~ ,-~ .. ,- _ , s Y.. - ~ .. ~ ~` ~ ° n ~ C.T, PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark the above referenced matter settled, discontinued and ended without prejudice to Plaintiff. THE LAW OFFICES OF BARBARA A. FEIN, P.C. July 29, 2010 BY: sten D. Little, Es uire Attorney for Plaintiff Attorney I.D. No. 79992 Email: GeneralInfo@loba£com