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Home My WebLink About02-1003 Comroe Hing LLP By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. Debra L. Miller 25 Alters Road Carlisle, PA 17013 Term No. O;l-/()()j Q.l-uJT~ Defendant CIVIL ACTION: FORECLOSURE - COMPLAINT ............................................................. . ............................................................. . NOT ICE 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 the 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE 2 Liberty Ave. Carlisle, PA 17013 1-800-990-9108 A V ISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI US TED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. LAWYER REFERRAL SERVICE 2 Liberty Ave. Carlisle, PA 17013 1-800-990-9108 2 1. Plaintiff is Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company, with its principal offices at 7360 S. Kyrene Road, MSD Foreclosure Unit, Tempe, AZ 85282. 2. Defendant is Debra L. Miller, with an address as set forth above. 3. On August 9, 1999 Debra L. Miller and Terry L. Miller executed and delivered a Mortgage upon premises hereinafter described to Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company, which mortgage was recorded in the Department of Record at CUMBERLAND County, Pennsylvania in Mortgage Book 1563, at page 608 on August 11, 1999. 4. This mortgage has not been assigned. 5. The premises subj ect to said Mortgage are known as 25 Alters Road, Carlisle, PA 17013 and are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 6. The Defendant, Debra L. Miller is the record and real owner of the said real estate subject to the Mortgage, by reason of a Deed arising out of an action in divorce, which Deed was executed on December 29, 2000 and recorded January 30, 2001 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 238, Page 688. As such, Plaintiff releases Terry L. Miller in this action only as he is not the owner or terre tenant of the premises subject to the mortgage. 7. The said Mortgage is in default by reason of the fact that the monthly installments of principal and interest as due on 3 October 13, 2001, and as due on the first day of each month thereafter are still due and owing and have not been paid; and by the terms of the said Mortgage, upon failure to make such payments when due, the whole of the principal balance and all interest due attorney's fee are now due and payable forthwith. thereon, together with late charges and other recoverable sums and 8. The monthly installment payment composed of principal and interest due under the terms of said Mortgage and Mortgage Note for ($260.30) . each such month was TWO HUNDRED SIXTY DOLLARS AND 30 CENTS The monthly payment changed on November 13, 2001 to EIGHT HUNDRED EIGHTY FOUR DOLLARS AND 01 CENTS ($884.01). Mortgage: 9. The following amounts are therefore due and owing on said (a) Principal Debt (b) Late Charges at $88.40 per month from 10/13/2001 to 11/13/2001. Late Charges at $88.40 per month from 11/14/2001 to 02/22/2002. (c) Interest from 09/13/2001 through 02/22/2002 at $12.07 per diem. (d) Total Escrow Deficit to date. (e) Reasonable Attorney's fees as in the above stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. $108,592.47 $88.40 $265.20 $1,966.73 $1871.13 $5,429.62 (f) Title Report $335.00 (g) Court Filing Charges $115.50 (h) Uncollected Late Charge(s) $5,242.99 ( i) Escrow Credit $0.00 TOTAL AMOUNT DUE $123,907.04 4 In addition, interest at the rate of $12.07 per day on the unpaid principal balance will continue to accrue until the default is resolved. Any payments which are allowable under the mortgage document and are necessary to protect. Plaintiff, relating to real estate taxes owed or which become due on the mortgaged property together with fire or homeowners insurance premiums necessary to protect the Plaintiff, or any reasonable costs necessary to protect the property from waste or vandalism shall also become due and owing by Defendant to Plaintiff when expended by Plaintiff. 10. Pursuant to the provisions of Act 91 of the Pennsylvania General Assembly the Combined Act 6/91 Notice was sent to the Defendant by Certified Mail, Return Receipt Requested and by regular First Class Mail. Attached hereto and made a part hereof as Exhibit "B" is a true and correct copy of said Notices and same are incorporated by reference herein as though fully set forth at length. WHEREFORE, Plaintiff prays judgment against Defendant in the sum of $123,907.04 plus interest and late charges at the contract 5 rate to date of Judgment as set forth above and costs, both of suit and as set forth above, and for foreclosure and sale of the mortgaged premises. DATED: February 22, 2002 Respectfully submitted, Comroe Hing LLP By: David B. Comroe, Esqu Supreme Court ID # 25694 Attorneys for Plaintiff 6 VERIFICATION for Plaintiff, having express authorization to enter into this verification verifies the foregoing Complaint in Mortgage Foreclosure and avers that the statements of fact therein contained are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. ~ 7 DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Township of West Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows according to a survey made by T. Elliot Middleton, Registered Surveyor, in May 1957. BEGINNING at a nail in the center of the public road leading from the Meadowbrook public road to Heishman's Mill; thence along lands now or formerly of A.I. Blanchard, et ux, by the West face of a stone wall, North 23 degrees East, a distance of 125.2 feet to a stone pillar; thence along same, North 28 degrees 45 minutes East, a distance of 85 feet to an iron pipe at the low water line of the Conodoguinet Creek; thence by said low water line, North 74 degrees 30 minutes West 68 feet, more or less, to a point; thence along land now or formerly of William T. Hertzler, et ux, South 59 degrees 45 minutes West 111 feet to a stake; thence still along same, South 19 degrees 45 minutes West 134.8 feet to a nail in the center of public road above described; thence by the center of said public road, South 72 degrees 15 minutes East, a distance of 118.5 feet to a nail, the place of beginning. CONTAINING 0.60 acres, more or less, and being improved with a dwelling house known as 25 alters Road, Carlisle. Tax Parcel #18-1384-008 ~,. CONSECO. CONSECO FINANCE SERVICING CORP. ~,,;o S Knene Ro"d Tempe. Arizona X 5 ~x 3 --t' X.~ ,I{XX-; I 5~~-; ; DEBRA MILLER 25 ALTERS RD CARLISLE, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE December 31, 2001 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to 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 (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. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANClA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENClA (pENNSYL V ANlA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ~ , ",..), G:\thayerldebt colIe<:lionlNODIP A.~CI9.1:'i?D.2.doc1 PAGE 1 ;:..,:c,:.=:-:.:::.. .-m';:-'~"'::'~'=':;_'. ~,. CONSECO. CONSECO FINANCE SERVICING CORP. -360 S Kyrene Road Tempe. Arizona ~)~X'-4,X3 XMX-3 I 5-S-.;; December 3 1, 2001 TO: DEBRA MILLER 25 ALTERS RD CARLISLE, P A 17013 Loan No.: 6904259360 SSN: 207445224 Mortgaged Premises: 25 ALTERS RD CARLISLE, P A 17013 FROM: Conseco Finance Consumer Discount Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGmLE 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 BY 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 this Notice. During that time you must arrange and attend a "face-to-face" meting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. G:\thayerldebt col1ection\NOD\P A.Act91c.J:!OD,2.doc PAGE 2 :..;,.,:-:;-:-:c~ _.'-~~ .~...---. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set ~.. forth later in this Notice (see following pages for specific information about the nature of your default~ R N S E CO. you have tti~~ )lr#AW!i!1sl!k.,tR:~~l!il'tpthis problem with the lender, you have the right to apply for financial assistance from thecHomeo.wnac1s Emergency Mortgage Assistance Program. To do so, you must fill out, sign iffi.\'flfiie\raz~~l~91l~meowner's Emergency Assistance Program Application with one of the designated con.!!umer. i:}edit' counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION ---- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEF AUL T --- The MORTGAGE debt held by the above lender on your property located at: 25 ALTERS RD, CARLISLE, P A 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/13/01 $260.30, 11/13/01 $884.01, 12/13/01 $884.01. Other charges (explain/itemize): Late Charges $1854.70, NSF Fee: $0.00. TOTAL AMOUNTS PAST DUE: $3883.02. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3883.02, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DVRING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance. 7360 So K vrene Rd. Tempe. AZ 85253 (do not send cash). You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEF AUL T --- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. G:\thayerldebt col1ection\NOD\P A.:'-ct9.1.~OD.2.doc PAGE 3 ~~~-~~{~:~;:- .. ~.. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sh&iftN S E C O. to pay off ~~~Sl<\~i>l;E1lfItbRd~. refers your case to its attorneys, but you cure the delinquency before the lender begins legal <pIiGcccding6 against you, you will still be required to pay the reasonable attorney's fees actuI1Wfrl(ffin'e~fl.P-~~;~~;00. Howeve,r, iflegal proceedings are started against you, you will have to pay all reasonable attorney\ 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 DEF AUL T 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 may 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 mortgager 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 one month 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: Conseco Finance Consumer Discount Company Address: 7360 So Kyrene Rd, Tempe AZ 85253 Phone Number: 480/333-6000 Fax Number: 480/333-6460 Contact Person: Ruth Hernandez 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 mayor _X_may not (CHECK ONE) 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 satisfied. YOU 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 DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. --- TO HAVE THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEF AUL T G:\thayerldebt collectionlNOD\P A.~ct9! ,~OD.2.doc PAGE 4 ~2c~~;~~. . 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 CON S E CO, YEAR4:0NSECO FINANCE SERVICING CORP. 7360 S Kyrene Road -- TO ASSERT T:i'fE1N~OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA wslJ'lfiNs'fittrrEo UNDER THE MORTGAGE DOCUMENTS. - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. --- TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List Cc: Customer File -'." ..;,,, -..- :::?-.;~~~~., G:\..lh<1yer\debt col1ection\NQ"D~.Act91.NOD.2.doc . '-.. PAGE 5 1i~ ~ ~ ~ 6' 8 0 0 1;) 1"-' -n ~ ?: :!: .---1 & ~ 6 -OeD "\;':JI --"T ':r~ - me'l ::0 I"r-~ ~ -,.' -'1 I }~~ - ~r;;' AJ I 22- U } ~ if> ., J.) r -(.c.~ ---+1_.... ~ !<Ci '"," 10 ~ :']:;.. ?~~ -,.. ~o --- ";.ol --0 15m ........, J >c ::.:~ Z 1"',) :b ::<! (:n -< SHERIFF'S RETURN - REGULAR CASE NO: 2002-01003 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CORP ET AL VS MILLER DEBRA L DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILLER DEBRA L the DEFENDANT , at 1258:00 HOURS, on the 18th day of March , 2002 at 25 ALTERS ROAD CARLISLE, PA 17013 by handing to DEBRA L MILLER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.90 .00 10.00 .00 34.90 So Answers: r-~~ R. Thomas Kline 03/18/2002 COMROE HING me this 4>- .Jb - day of By: Q~ 3.Q~ Deputy Sheriff Sworn and Subscribed to before )t.~n~~'~~"", . rothonotary I A.D. ~ Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for plaintiff Identification No.: 25694 Conseco Finance Corporation, f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. Debra L. Miller 25 Alters Road Carlisle, PA 17013 Civil Term No. 02-1003 .........................................."................ . .........................................."................ . Defendant TO THE PROTHONOTARY: Kindly mark the above matter settled, discontinued and ended without prejudice. ~'1~ David B. Comroe, Esquire Attorney j'or Plaintiff ----- Sworn to and subscribed before me this711'--day of ~"\'1 ' 2004. ~.4.~ Notary Public NOTARIAL SEAl Sharon A. Goldenberg. Notaly PubIlc City of Philadelphia. Phila. County Commission ~I 'res Jan. 24, 2005 , c:: ~-7 ""1 -<c ...., = = ~ <- c::: " I \"D ~ --I ~:D l"r -t1m :09 9,Q. ~'Cl1 ()rs Ltf'i o ,-j ~[~ ::q ,""", -"tJ :I:: (J1 OJ