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HomeMy WebLinkAbout01-5237JEVONNE M. SHEAFFER, Plaintiff vs. KENNETH M. SHEAFFER, Defendant ]N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.4i-$o23'~ CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defendant against the claims set forth in the following pages, you must take prompt action. You aze warned that if you fail to do so, the case will proceed without and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the mamage, you may request mamage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Cazlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 JEVONNE M. SHEAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. Ql-.5~ 37CIVIL TERM KENNETH M. SHEAFFER, . Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Jevonne M. Sheaffer, an adult individual currently residing at 26 Pine Street, Carlisle, Cumberland County, Pennsylvania. Plaintiff has resided at this address for approximately six months. 2. Defendant is Kenneth M. Sheaffer, an adult individual currently residing at 1634 Pine Road, Carlisle, Cumberland County, Pennsylvania. Defendant has resided at this address for approximately twenty years. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 20, 1980, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Unites States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8 • Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that Defendant will, ninety days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(c) of the Domestic Relations Code. Respectfully submitted, GRIFF]E 8c ASSOCIATES Maryl s, Esgw Attorney laintiff 200 North Hanover Street Cazlisle, PA 17013 (717)243-5551 (800)347-5552 I verify that the statements made in the foregoing document aze true and correct. understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsiScation to authorities. DATE _~=3/, p~ / / JEVONNE M.SHEAFFER c~ ,-, -- c. -n -~, ~~+ 3 vs. KENNETH M. SHEAFFER, Defendant, CIVIL ACTION -LAW NO. 01-5237 CIVIL TERM ]N DIVORCE ACCEPTANCE OF SERVICE I, Marcus A. McKnight, III, Esquire, acknowledge that on or about sw~,~ // ~ , 2001, I received a certified and true copy of a Complaint in Divorce in the above captioned action and further acknowledge that I am authorized to do so on behalf of my client, Kenneth M. Shaeffer. DATE~ool Sworn and subscn'bed to before me this /~ day of September, 2001. `/N~tary Publi Marcus A. Attorney f Noterlal Seal McAha L. Noel, Nolery Public Carlisle Boro, Cumberland Oou~riy My Commlasion Explrea Sept. 18, 2003 Member, Pennsylvania Association of Notaries IEVONNE M. SHEAFFER, IN THE COURT OF COMMON PLEAS OF ~ Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA n == . ~ ~ ~ 1• _ ~.. "CjC,Ci [f! TT1 . . ~. O ,. L 1 r ~ ' <~~ ~ ,_i n -r Z -G ~.A ,i. JEVONNE M. SHEAFFER, : IN THE COUP:T OF COMMON PLEAS OF PLAINTIFF'/RESPONDENT : CUMBERLAnfD COUNTY, PENNSYLVANIA v, N0.2001-5237 CIVIL TERM KENNETH M. SHEAFFER, CIVIL ACTION -LAW DEFENDANT/PETITIONER IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 7th day of July 2004, comes the Petitioner, by his attorneys, IRWIN & McKNIGHT, and makes the following Petition for Econornic Relief against the Respondent, Jevonne M. Sheaffer, as follows: 1. The Petitioner is Kenneth M. Sheaffer who is the Defendant in a divorce action filed in Cumberland County, Pennsylvania. His address is 1634 Pine Road, Cazlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Jevonne M. Sheaffer who is the Plaintiff in this divorce action. Her address is 231 Mill Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; and b. Costs, expenses and counsel fees. WHEREFORE, the Petitioner, Kenneth M. Sheaffer requests the relief set forth above. Respectfully submitted, IRWIN & McKNIGHT By: Marcus mg t, III q. 60 West Pom et Street Carlisle, PA 1 3 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Defendant/Petitioner, Kenneth 1vI. Sheaffer Date: July , 2004 2 CERTIFICATE OF SERVICE I the undersigned hereby certify that on this 8th day of July, 2004, a copy of the Petition for Economic Relief was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Bradley L. Griffie, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 IRWIN Marcus A McKnight,, Esquire Supreme Court LD. No: 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Defendant/Respondent, R:enneth M. Sheaffer v' ~~ _wr~ c e n ~_ ~i4~~' ~,. 1 N Q u c_ r N .E_' Sri rg r `-,r ~~ ~ ~ ~S m ti~ .;-~ ~-S JEVONNE M. SHEAFFER, PLAINTIFF v. KENNETH M. SHEAFFER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : N0.2001-5237 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this 13th day of December 2006, comes the Defendant, Kenneth M. Sheaffer, by his attorneys, Irwin & McKnight, and makes the following Petition for Special Relief: 1. The Plaintiff is Jevonne M. Sheaffer, an adult individual who resides at 231 Mill Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Defendant is Kenneth M. Sheaffer, an adult individual who resides at 1634 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties were married on Apri120, 1980 in Cumberland County, Pennsylvania. 4. The parties separated on January 23, 2001. 5. A Complaint in Divorce was filed by the Plaintiff on September 5, 2001. 6. Since the date of separation, the Defendant, Kenneth M. Sheaffer, has been in exclusive possession of the marital home. 7. Since the date of separation, the Defendant has paid toward all the marital debt and maintained the real estate of the parties. 2 8. The Defendant has maintained the marital real estate. In recent months, however, the Defendant has been unable to keep the mortgage payment current, and a notice of foreclosure was received by the Defendant. A copy of said notice is attached and marked as Exhibit "A". 9. The Defendant seeks an Order from the Court which permits Defendant to refinance the mortgage and marital debt into his own name, and for the Plaintiff to execute the deed into the Defendant's name. 10. The conveyance of the real estate into the Defendant's name is made without prejudice to any claim the Plaintiff has to assert that there is equity in the marital home subject to equitable distribution. 11. Without the relief requested, the parties will lose any equity which has been accumulated over the years on the marital home. WHEREFORE, the Defendant, Kenneth M. Sheaffer seeks the relief requested above. Respectfully submitted, IRWIN & By: Marcu~ A. Mc igh lIT Esquire 60 West Pomfr Stree Carlisle, PA 170 (717) 249-2353 Supreme Court I.D.: 25476 Attorney for the Defendant, Kenneth M. Sheaffer Date: December 13, 2006 3 EXHIBIT "A" ~ Loan X1996259613 CHASE ~ ~~ Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219-6009 1-800-848-9380 Collections Department 1-800-582-0542 TDD/Text Telephone 12/05/2006 KENNETH M SHEAFFER 1634 PINE ROAD CARLISLE PA 17013-0000 Certified Mail Return Receipt Requested RE: Loan Number 1996259b13 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on pour home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the enclosed pages. . The HOHEOWNER'S MORTGAGE ASSISTANCE PROGRAM•~(HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call 1-717-780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. KENNETH M SHEAFFER 12/05/2006 Page 2 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY} SIN CARGOS AL NUMBRO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMb POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HI.POTECA. HOMEOWNER'S NAME(S): KENNETH M SHEAFFER JEVONNE M SHEAFFER PROPERTY ADDRESS: 1634 PINE ROAD, CARLISLE PA 17013-0000 LOAN NUMBER: 1996259613 Current Lender/Service: Chase Home Finance LLC HO~OWNER' S SMBRGBIICY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY $E ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING~FINANCE AGENCY. TEMPORARY STAY OF FORBCLOSIIRE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of th Notice. During that time you must arrange and attend a "face-to-face" meetin with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING ~![TST OCCUR WITHIN THS P8%T 30 DAYS. IF YOU DO NOT APPL FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR 1~RTGAGE DEFAULT," E%PLAINS HOW TO BRING YOUR KORTGAGE UP TO DATE. Certified Mail CHASE!i RENNETH M SHEAFFER 12/05/2006 Page 5 IF THE MORTGAGE IS FORECLOSBD UPON.- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if the legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAOLT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You map do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if yon had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approzimately siz (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Chase Home Finance LLC Address: 3415 Vision Drive Columbus, OH 43219'-6009 Phone Number: 1-800-848-9380 Faa Number: 1-614-422-7912 KENNETH M SHEAFFER 12/05/2006 Page 6 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could. be started by the lender at any time. ASSUMPTION OF MORTGAGE - You might be eligible t~ sell or transfer goer home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. To determine eligibility you must contact our office to verify the assumability of your property. YOII MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE 'THIS DEFAULT CURED BY ANY~THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED~TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT TAE NONE%ISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSBRT ANY OTHER DEFENSE YOU BBLIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Chase Home Finance LLC is attempting to collect a debt and any information obtained will be used for that purpose. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Sincerely, Collections Department Chase Home Finance LLC Enclosure 173 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. NTH M.SHEAFFER Date: December 13, 200b JEVONNE M. SHEAFFER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.2001-5237 CIVIL TERM KENNETH M. SHEAFFER, CIVIL ACTION -LAW DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Cazlisle, Pennsylvania, on the date referenced below and addressed as follows: Marylou Matas, Esq. Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 IRWIN & McKNIGHT By: Marcus . McKni Es uire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: December 13, 2006 4 [. ~ e~_-_-a (~ ~ ~ ~il ~ ~ -r , A ~ _ _ .- ~ ^ } r^ , 3 C r`~+~ . `;-~ ~ C.~J :~J ~.... -~. DEC 14 2006 ,y,~ 3 JEVONNE M. SHEAFFER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA w. N0.2001-5237 CIVIL TERM KENNETH M. SHEAFFER, CIVIL ACTION -LAW DEFENDANT IN DIVORCE ORDER OF COURT d ~` AND NOW, this f day of , 2006, upon consideration of the attached Petition for Special Relief, a hearing is hereby scheduled for ~ 3 ~~ 200e, in Courtroom No. ~, at ~ ~V V o'clock ~ .m., Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. By: Judge JEVONNE M. SHEAFFER, PLAINTIFF v. KENNETH M. SHEAFFER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : N0.2001-5237 CIVIL TERM : CIVIL ACTION--LAW . IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this 13th day of December 2006, comes the Defendant, Kenneth M. Sheaffer, by his attorneys, Irwin & McKnight, and makes the following Petition for Special Relief: 1. The Plaintiff is Jevonne M. Sheaffer, an adult individual who resides at 231 Mill Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Defendant is Kenneth M. Sheaffer, an adult individual who resides at 1634 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties were married on Apri120, 1980 in Cumberland County, Pennsylvania. 4. The parties separated on January 23, 2001. 5. A Complaint in Divorce was filed by the Plaintiff on September 5, 2001. b. Since the date of separation, the Defendant, Kenneth M. Sheaffer, has been in exclusive possession of the marital home. 7. Since the date of separation, the Defendant has paid toward all the marital debt and maintained the real estate of the parties. 2 8. The Defendant has maintained the marital real estate. In recent months, however, the Defendant has been unable to keep the mortgage payment current, and a notice of foreclosure was received by the Defendant. A copy of said notice is attached and marked as Exhibit "A". 9. The Defendant seeks an Order from the Court which permits Defendant to refinance the mortgage and marital debt into his own name, and for the Plaintiff to execute the deed into the Defendant's name. 10. The conveyance of the real estate into the Defendant's name is made without prejudice to any claim the Plaintiff has to assert that there is equity in the marital home subject to equitable distribution. 11. Without the relief requested, the parties will lose any equity which has been accumulated over the years on the marital home. WHEREFORE, the Defendant, Kenneth M. Sheaffer seeks the relief requested above. Respectfully submitted, IRWIN & By: Marcu~ A. Mc igh III, EsquirE 60 West Pomfr t Stree Carlisle, PA 170 (717) 249-2353 Supreme Court I.D.: 25476 Attorney for the Defendant, Kenneth M. Sheaffer Date: December 13, 2006 3 EXHIBIT "A" CHASE _i Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219-6009 1-800-848-9380 Collections Department 1-800-582-0542 TDD/Text Telephone 12/05/2006 KENNETH M SHEAFFER 1634 PINE R.oAD CARLISLE PA. 17013-0000 Loan #1996259613 Certified Hail Return Receipt Requested RE: Loan Number 1996259613 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the enclosed pages. . The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM•(HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call 1-717-780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. KENNETH M SHEAFFER 12/oslzoo6 Page 2 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PIJES AFECTA SI1 DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY} SIN CARGOS AL NUMERO MENCIONAUO ARRIBA. PUEDES SER ELIGIBLE PARR UN PRF.STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HLPOTEC~A. HOMEOWNER'S NAME(S): KENNETH M SHEAFFER JEVONNE M SHEAFFER PROPERTY ADDRESS: 1634 PINE ROAD, CARLISLE PA 17013-0000 LOAN NUMBER: 1996259613 Current Lender/Service: Chase Home Finance LLC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED $Y THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of th Notice. During that time you must arrange and attend a "face-to-face" meetin with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MAST OCCUR WITHIN THE NE%T 30 DAYS. IF YOU DO NOT APPL FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. Certif led Mai 1 CHASE j KENNETH M SHEAFFER 12/05/2006 Page 5 IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay aff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if the legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable casts. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ou still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonahl_e attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by perl:orming any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual dates of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender.. HOW TO CONTACT THE LENDER: Name of Lender: Chase Home Finance LLC Address: 3415 Vision Drive Columbus, OH 43219-6009 Phone Number: 1-800-848-9380 Faz Number: 1-614-422-7912 KENNETH M SHEAFFER 12/05/2006 Page 6 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If: you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You might be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all. the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are sar_isfied. To determine eligibility you must contact our office to verify the assumability of your property. YOU hAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE~THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONE%ISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Chase Home Finance LLC is attempting to collect a debt and any information obtained will be used for that purpose. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Sincerely, Collections Department Chase Home Finance LLC Enclosure 173 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. TH M. SHEAFFER Date: December 13, 2006 JEVONNE M. SHEAFFER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA v, N0.2001-5237 CIVIL TERM KENNETH M. SHEAFFER, CIVIL ACTION -LAW DEFENDANT : IN DNORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Marylou Matas, Esq. Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 IRWIN & McKNIGHT By: Marcus . McKni Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: December 13, 2006 4 .. ~ i-~ f ~` " ,f . `.~. :~ JEVONNE M. SHEAFFER, PLAINTIFF V. KENNETH M. SHEAFFER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5237 CIVIL CIVIL ACTION -LAW IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 3rd day of January, 2007, by agreement of the parties, the hearing in this matter is continued until the 7th day of May, 2007, at 10:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ~~ F~ M. L. Ebert, Jr., J. ~dlarylou Matas, Esquire Attorney for Plaintiff •~ilarcus McKnight, Esquire Attorney for Defendant ~ bas tt'i~'11U~~~~c~ ~0 ~$ ~ ~t- ~~r t~OZ A~lt~~~~3~~~.~+'~ 3H13U 3Jt~:~~~ ll~ JEVONNE M. SHEAFFER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-5237 CIVIL KENNETH M. SHEAFFER, :CIVIL ACTION -LAW DEFENDANT IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 7`h day of May, 2007, based upon the agreement of the parties, Jevonne M. Sheaffer consents to the refinancing of the Marital Mortgage and Husband's outstanding credit card debt with a payment to Jevonne M. Sheaffer as an advance equitable distribution payment. 1. The amount to be refinanced is as follows: Mortgage to Chase Home Finance $43,000.00 Credit card debt of Husband 23,000.00 Payment to Jevonne M. Sheaffer 3,000.00 Total Refinance $69,000.00 2. Jevonne M. Sheaffer agrees to sign all documents required to perform the refinance and Kenneth M. Sheaffer will be responsible for payment of all costs required to obtain the refinancing. Any costs paid by Kenneth M. Sheaffer will be applied toward his share of equitable distribution. By the Court, ,.IOlarylou Matas, Esquire Attorney for Plaintiff arcus McKnight, Esquire Attorney for Defendant bas M. L. Ebert, Jr., F {~;> ,,n ~ I :~ ~~d L-- ~:~~~ t~D~Z !!Cl'4~1.Vi~v~~.,'t'.~~.tiw, a