The URL can be used to link to this page

Home My WebLink About06-2042 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Household Finance Consumer Discount Company 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff v, Alfred W. Farris, III Donna M, Farris 200 Texaco Road Mechanicsburg, PA 17050 Defendant(s) ATTORNEY FOR PLAINTIFF 'COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. Of.,. - -:J.DL.f~ r; ,/~I \.....'l(Jll... Szl COMPLAINT IN MORTGAGE FORECLOSURE 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AV1SO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona, Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion, Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda, Dsted puede perder dinero 0 sus propiedades u otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABOGADO 1MMED1ATAMENTE, S1 NO T1ENE ABOGADO o S1 NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL SERV1C10, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OF1C1NA CUYA D1RECC10N SE ENCUENTRA ESCR1TA ABAJO PARA AVER1GUAR DONnE SE PUEDE CONSEGU1R AS1STENC1A LEGAL. Cumberland County Bar Assodation 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached dowment. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current c;reditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Onc;e we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. Is/ Mark J. Udren, Esquire Wood crest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003.3620 (856) 669-5400 1, Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Equifirst Corporation Assignments of Record to: Mortgage Electronic Registration Systems, Inc., its Successors and Assigns, as Nominee for Household Finance Corporation, its Successors and Assigns Recording Date: 5/9/02 Book: 687 Page: 392 Assignments of Record to: Household Finance Consumer Discount Company Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed, 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness, Said Mortgage is incorporated herein by reference in accordance with Pa,R,C.P, 1019 (g) The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 200 Texaco Road MUNICIPALITY/TOWNSHIP/BOROUGH: Silver Spring Township COUNTY: Cumberland DATE EXECUTED: 2/20/02 DATE RECORDED: 3/4/02 BOOK: 1750 PAGE: 4886 The legal description of the mortgaged premises is attached hereto and made part hereof, 4. Said Mortgage 2S in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due, 5. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 1/31/06: Principal of debt due Unpaid Interest at 7.7% from 9/30/05 to 1/31/06 (the per diem interest accruing on this debt is $36.54 and that sum should be added each day after 1/31/06) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Late Charges (monthly late charge of $63.09 should be added in accordance with the terms of the note each month after 1/31/06) $173,187.65 11,044.65 325.00 280.00 Unapplied Funds BPO 589.25 6,605.32 (1.15) 100.00 Extension Interest Attorneys Fees (anticipated and actual to 5% of principal) TOTAL 8,659.38 $200,790.10 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of DefendantCs) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $200,790.10 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. iJ\lI Mark J. dren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ~ ALL THAT CERTAIN IMPROVED TRACT OR PARCEL OF LAND SITUATE IN SILVER SPRING TOWNSlllP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF TEXACO ROAD AT THE NORTHERLY LINE OF LOT NO. 2 ON THE PLAN OF LOTS HEREINAFTER MENTIONED, SAID POINT BEING 25 FEET MEASURED NORTHWESTERLY ALONG SAID CENTERLINE FROM THE LINE OF LANDS NOW OR LATE OF LIBBY; THENCE ALONG SAID LOT NO.2 AND IN PART IN THE BED OF TEXACO ROAD, NORTH 41 DEGREES 21 MINUTES WEST 187.79 FEET TO A PIN; THENCE BY THE NORTHWEST LINE OF SAID LOT NO.2, SOUTH 48 DEGREES 39 MINUTES WEST 145.56 FEET TO A PIN AT LINE OF LAND NOW OR FORMERLY OF HOWARD RUDY; THENCE ALONG SAID RUDY LA'ND, NORTH 41 DEGREES 21 MINUTES WEST 128;92 FEET TO A PIPE AT LINE OF LANDS NOW OR LATE OF FLIGHT SYSTEMS, INC.; THENCE BY THE LATTER, NORTH 47 DEGREES 39 MINUTES EAST 170.58 FEET TO A PIN AT THE SOUTHERLY LINE OF LOT NO.1 ON SAID PLAN; THENCE ALONG LOT NO.1, SOUTH 41 DEGREES 21 MINUTES EAST 316.99 FEET TO A POINT IN THE CENTERLINE OF TEXACO ROAD AFORESAID; THENCE BY SAID CENTERLINE, SOUTH 42 DEGREES 30 MINUTES WEST 25.14 FEET TO THE PLACE OF BEGINNING. BEING LOT NO.3 ON THE FINAL SUBDIVISION PLAN FOR JOHN E. KREAMER DATED JULY 5, 1979, RECORDED IN PLAN BOOK 36, PAGE 54, CUMBERLAND COUNTY RECORDS. . UNDER AND SUBJECT TO THE RIGHTS OF THE PUBLIC IN TEXACO ROAD AS WIDENED BY DEDICATION SHOWN ON SAID PLAN TO PI WIDTH OF 30 FEET ON THE NORTHWESTERLY SIDE OF SAID CENTERLINE. 12/29/05 ALFRED FARRIS DONNA M FARRIS 200 TEXACO RD MECHANICSBURG PA 17050 COMBINED ACT 91/ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Tbis is an official notice that the mortgage on your home is in defaolt, 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 save your home. This Notice explains how the program works. To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSEUNG 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 (800) 342-2397. Persons with impaired hearing may 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 frod an attorney. 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 IMMEDIATAMENTEAL LLAMAR A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE 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 REDlMIR SU IDPOTECA. - EXHIBIT A HOMEOWNER'S NAME(S): ALFRED FARRIS, DONNA M FARRIS PROPERTY ADDRESS: 200 TEXACO RD MECHANICSBURG PA 17050 ACCOUNT NUMBER: 0006096697 CURRENT LENDERlSERVICER: HSBC Mortgage Services HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VB 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 MAYBE EUGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYONDYOURCONTRO~ - 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 meeting 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 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. 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 teleohone numbers of designated consumer credit counseling agencies for the county in which the Dl'Ollerty 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. 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). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the 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 decisioll 011 your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If ou have filed bankru tc HOW TO CURE YOUR MORTGAGE DEFAULT (bring It up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 200 TEXACO RD MECHANICSBURG PA 17050 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS. You are due and owing approximately $1261.77 a month. You are past due since 10/30/05. Other fees may have also accrued on your account. TOTAL AMOUNT PAST DUE:$ 3746.45 HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WH1CH IS S 3746.45. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check. certified check or money order made l)avab1e and sent to: HSBC Mortgage Services P. O. Box 17580 Baltimore, MD 21297 IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THlRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri2bts to accelerate the mortl!al!e 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 forec:lose ullon your moJ12"a2ed. Drooenv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender, even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If YOU cure the default within the THIRTY (30) DAY period. YOU will not be reouired to pay attomev's fees. OTHER T ,ENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other swns 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 rimt to cure the default and Drevent the sale at any time UD to one hour before the Sheriffs Sale. You may do so bv nayinl! the total amount then Dast due. Dlus anv late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as soecified in writinl! bv the lender and by nerforminl! anY other reQuirements under the mortl!llI!e. Curing your deraolt in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARUEST POSSIBLE SHERIFF'S SALE DATE - Jt is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be appronmately five months from the date of this Notice. A notice of the actual date of the Sheriffs 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: HSBC Mortgage Servic.es Address; 636 Grand Regency Blvd., Brandon, FL 33510 Phone Number: 800-365-6730 Fax Number: 813-571-8680 Contact Information: Loss Mitigation Department 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 ..lL may Dot 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 DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATIACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice tbat YOD dispnte the validity of this debt or any portion thereof, this office will assnme that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office wiD: obtain verification of the debt or obtain a copy of judgmellt and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If yon request this office in writing within thirty (30) days after receiving this notice, this offK:e will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. Enclosure: Validation of Debt Notice 6.17 Certified Mail Valic1ation of Debt Notice Pursuant to the Fair Debt CoU.ection Practice Act (FDCPA) (15 USC 1692), a consumer debtor is required to be sent the following notice: (1) unl.ess the consumer, within thirty (30) days after receipt of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector; (2) if the consumer notifies the debt collector in writing within the thirty (30) c1ay period that the debt or any portion thereof is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector; and (3) upon the consumer's written request within the thirty (30) c1ay period, the debt col.lector will provide the consumer with the name and address of the original crecli.tor, if different frCllll the current creditor. Our i1......"d for immecli.at:e payment does not eliJllinate your right to cli.spute this debt within thirty (30) days of receipt of this notice. If you choose to do so, we are required by law to cease our col.lection efforts until _ have mailed the disputed .informat.ion to you. Although _ have requested that you m&lte payment or provide a valid reason for nonpayment, you st.ill have the right to make a written request, w.ithin thirty (30) days of your reC4tipt of this notice, for mOre infoX1ll&tion about the debt. Your r.ights are descr.i.bed further, hereinafter. THIS NO'l'ICE AND LBTTER AIlE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal 'l'rade COIlIID.i.ssion has ruled that the FDCPA does not preclude the institution of legal action pr.ior to the expiration of the thirty (30) day period. Acceptance of funds and reinsta~t of the mortgage are both subject to verification by aSBe Mortgage Services. Please note that HSBC Mortgage Services may proceed with foreclosure and that fees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please note further that any funds tendered will he subject to verification and correctness before the matter .is concluded. Please feel free to contact aSBC Mortgage Services upon receipt of this notice should you have any questions or concerns. Date: 12/29/05 HSBC Mortgage Services 636 Grand Regency Blvd. Brandon, FL 33510 BOO-365-6730 www.hsbcmortqageservices~com V E R I F I CAT ION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. , ,\f\ ,\\ \ l' \~t \ Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. p G3 k) 8 t ~ f ....." ~ vt. r.... .~ --\ - ~ Q -::r --G (l- ~ -v ~- I)- ~ --- ...c:: r -,--, -.. ............ - " ,J 1-" c' . f-' .. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, CIVIL DIVISION Plaintiff Case No.: 06-2042 Civil Term vs. ALFRED W. FARRIS, III and DONNA M. FARRIS, Defendant( s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $9,800.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiffs complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. ..- " VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1 024( c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. CERTIFICATE OF SERVICE I certify that on the 17th day of May, 2006, I served a copy of the Answer to Plaintiff's Complaint upon the following by US first class mail, postage prepaid: Mark Udren, Esquire WOODCRESTCORPORATECENTER 111 W oodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Frank E, oun , Jr., Esqu' e Attorney for Defendant( s) P.O. Box 644 Murrysville, P A 15668 (412) 243-5698 PA ID No.: 00245 "-> = <::::) 0-. .". :;-;: -< o .." :i! m:O r- -om :no (") 1 '::-{ f;,.,) ~c~il "'~(') CSrTl ~ -< \.0 -0 r-: .::- en , RECEIVED JUN 2 6 7On~ ()? . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Household Finance Consumer Discount Company Plaintiff No. 06-2042 CIVTI.- TERM v. Alfred W. Farris, III Donna M. Farris Defendants CONSENT .JUDGMENT IN MORTGAGE FORECLOSURE AND NOW, this 1 Sl day of June, 2006, it is hereby agreed by and between Household Finance Consumer Discount Company and/or its successors and assigns (hereinafter referred to as "Plaintiff"), by and through its counsel, Mark J. Udren, Esquire, and Alfred W. Farris, III and Donna M. Farris (hereinafter referred to as "Defendants"), by and through their counsel, Frank E. Y ourick, Jr., Esquire, as follows: WHEREAS, Plaintiff is the holder of the Mortgage given by Defendants, dated February 20,2002, in the original principal amount of $176,000.00, recorded on March 4,2002 in Book 1750, Page 4886 in Cumberland County Recorder of Deeds Office (hereinafter referred to as the "Mortgage") with regard to real property located at 200 Texaco Road, Silver Spring Township, Mechanicsburg, P A 17050 (hereinafter referred to as the "Property"); WHEREAS, Defendants are the owner of the Property; WHEREAS, the Mortgage is in default because monthly payments on the Mortgage are due and unpaid; I . . WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of thirty (30) days the entire principal balance and all interest due thereon are due forthwith; WHEREAS, Plaintiff instituted the within Action in Mortgage Foreclosure by Complaint on April 11, 2006; WHEREAS, Defendants filed an Answer to the Complaint on or about May 19, 2006; and WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendants agree as follows: 1. An in rem judgment is entered in favor of Plaintiff and against Defendants, Alfred W. Farris, ill and Donna M. Farris, pursuant to the terms and conditions of the Mortgage in the amount of $200,790.10 as ofJanuary 31,2006 (per the complaint), with additional ongoing per diem interest, ongoing late charges, ongoing escrow advances (taxes and insurance), and any additional recoverable costs per the Mortgage, from January 31,2006 to the date of Sheriffs Sale, and for foreclosure and sale of the Property. 2. In the event that, prior to a Sheriff s Sale, it is determined that Plaintiff has expended sums with regard to the Property, including but not limited to real estate taxes, insurance, and/or other fees and costs, then Defendants will stipulate with Plaintiff to a reassessment of damages in order to increase the judgment to reflect expenditures made by Plaintiff. 3. Defendants will peacefully vacate the Property by the date ofthe Sheriffs Sale. 4. Defendants hereby releases and forever discharges Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or 2 . . unknown arising out of or in any way connected to Plaintiff s servicing of Defendants' loan and the within foreclosure action. 5. Plaintiff shall hold this Consent Judgment in escrow until August 30, 2006. In the event Defendants reinstates or pays off this loan in full on or before August 30, 2006, this Consent Judgment will be rendered null and void. 6. In the event Defendants fail to reinstate or pays off this loan in full on or before August 30, 2006, Plaintiff may file this Consent Judgment with the Court and proceed to schedule a Sheriff s Sale of the Property. 7. This Consent Judgment may be executed in counterparts. / /' By: Mark. ren, e Att ey for P . iff, H sehold Finance Consumer Discount Co. Frank E. Y ouric r., Esqui Attorney for Defendants, Alfred W. Farris, ill and Donna M. Farris ,2006 J. 0(\)\1> ,~ D\J 3 , 1(,'1b~! ,4 ,2..11<(.) rl~ ~ q.(l' b S """'d' I\\~,n r S .';\ 11.1 L7. Oi\O' .1 ~;,.,. ,'~,'" ):.>1J(.. ,'j_ ,_ :,., _,",; '. ".,\ \ \ .~;\ \' 'F, Al.141<),-,;"..;,--,.",,\.YfJ ::> -1. ::1\...' :Y2:\j:\Cy:J31tj -, SHERIFF'S RETURN - REGULAR . CASE NO: 2006-02042 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS FARRIS ALFRED W III ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FARRIS ALFRED W III the DEFENDANT , at 1016:00 HOURS, on the 13th day of April , 2006 at 200 TEXACO ROAD MECHANICSBURG, PA 17050 by handing to KRISTY MILLETICS, DAUGHTER 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 So Answers: Sworn and !J-jJ :.f\) ~ Subscribed 18.00 7.92 .00 10.00 .00 35.92 q.... to before ?'~~-'<~ R. Thomas Kline me this day of 04/17/2006 ~ UPR," LAW OFF~ . . //'/ BY'~ ;If-/ ~ eputy Sher' f A.D. Prothonotary " SHERIFF'S RETURN - REGULAR . CASE NO: 2006-02042 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS FARRIS ALFRED W III ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FARRIS DONNA M the DEFENDANT , at 1016:00 HOURS, on the 13th day of April , 2006 at 200 TEXACO ROAD MECHANICSBURG, PA 17050 by handing to KRISTY MILLETICS, DAUGHTER 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 Affidavi t Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ?,~?M<#-4P R. Thomas Kline t:/J.40& c;.~ Sworn and Subscribed to 04/17/2006 UDREN LAW OFFICES before By: me this day of A.D. Prothonotary UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Household Finance Consumer Discount Company 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Alfred W. Farris, III Donna M. Farris 200 Texaco Road Mechanicsburg, PA 17050 Defendant(s) NO. 06-2042 Civil Term PRAECIPE FOR JUDGMENT BASED ON CONSENT JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s), Alfred W. Farris, III and Donna M. Farris pursuant to the Court's Order dated June 1, 2006 (in accordance with the Complaint) and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Court Order Interest per Court Order From 2/1/06 to 6/1/06 Late charges per Court Order From 2/1/06 to 6/1/06 $200,790.10/' 4,421.34 252.36 TOTAL $205.463.80 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that no further notice is required pursuant to Rule PA.R.C.P. 237 & 237.1. UDREN LAW OFFICES, P.C. DAMAGES ARE HEREBY ASSESSED AS DATE, ik.p: J. (I ;;tOOl" PRO P UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Household Finance Consumer Discount Company ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Alfred W. Farris, III Donna M. Farris Defendant(s) NO. 06-2042 CIVIL TERM TO: Alfred W. Farris, III 200 Texaco Road Mechanicsburg, PA 17050 DATE of Notice: May 8, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEB IDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, US TED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE AB OGAD 0 , 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Maack 7~~'(~ Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Household Finance Consumer Discount Company ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Alfred W. Farris, III Donna M. Farris Defendant(s) NO. 06-2042 CIVIL TERM TO: Donna M. Farris 200 Texaco Road Mechanicsburg, PA 17050 DATE of Notice: May 8, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELD1A POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICAC10N, EL TRIBUNAL PODRA., SIN NECES1DAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMED1ATAMENTE SI US TED NO T1ENE ABOGADO, 0 S1 NO TIENE DINERO SUFIC1ENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENC1A LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . ar. squJ.re Woodcrest Corporate Cente 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Household Finance Consumer Discount Company 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff v. Alfred W. Farris, III Donna M. Farris 200 Texaco Road Mechanicsburg, PA 17050 Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-2042 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant (s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Defendant: Age: Residence: Employment: Alfred W. Farris, III Over 18 As captioned above Unknown Donna M. Farris Over 18 As captioned above Unknown Sworn to and subscribed before me this 15 th day ~e~ct Notary pjiC d)mHAN~i.tT5 n\Ja NOtARY PUBUC'Of S'.., ~~In'~ I R ~ eEl V ED J UN 2. 6 ?nnt: (J ? COURT OF COMMON PLEAS OF CUlVIBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Household Finance Consumer Discount Company Plaintiff No. 06-2042 CIVIL TERM v. Alfred W. Farris, ill Donna M. Farris Defendants CONSENT JUDGMENT IN MORTGAGE FORECLOSURE AND NOW, this 1 st day of June, 2006, it is hereby agreed by and between Household Finance Consumer Discount Company and/or its successors and assigns (hereinafter referred to as "Plaintiff'), by and through its counsel, Mark 1. Udren, Esquire, and Alfred W, Farris, ill and Donna M. Farris (hereinafter referred to as "Defendants"), by and through their counsel, Frank E. Yourick, Jr., Esquire, as follows: WHEREAS, Plaintiff is the holder of the Mortgage given by Defendants, dated February 20,2002, in the original principal amount of $176,000.00, recorded on March 4,2002 in Book 1750, Page 4886 in Cumberland County Recorder of Deeds Office (hereinafter referred to as the "Mortgage") with regard to real property located at 200 Texaco Road, Silver Spring Township, Mechanicsburg, P A 17050 (hereinafter referred to as the "Property"); WHEREAS, Defendants are the owner of the Property; WHEREAS, the Mortgage is in default because monthly payments on the Mortgage are due and unpaid; 1 WHEREAS, by t.he terms of the Mortgage, upon default in 'iuch payments for a period of thirty (30) days the entire principal balance and all interest due thereon are due forthwith; WHEREAS, Plaintiff instituted the within Action in Mortgage Foreclosure by Complaint on April 11, 2006; WHEREAS, Defendants filed an Answer to the Complaint on or about May 19,2006; and WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendants agree as follows: 1. An in rem judgment is entered in favor of Plaintiff and against Defendants, Alfred W. Farris, ill and Donna M. Farris, pursuant to the terms and conditions of the Mortgage in the amount of $200,790.10 as of January 31, 2006 (per the complaint), with additional ongoing per diem interest, ongoing late charges, ongoing escrow advances (taxes and insurance), and any additional recoverable costs per the Mortgage, from January 31, 2006 to the date of Sheriff s Sale, and for foreclosure and sale of the Property. 2. In the event that, prior to a Sheriff s Sale, it is determined that Plaintiff has expended sums with regard to the Property, including but not limited to real estate taxes, insurance, and/or other fees and costs, then Defendants will stipulate with Plaintiff to a reassessment of damages in order to increase the judgment to reflect expenditures made by Plaintiff. 3. Defendants will peacefully vacate the Property by the date of the Sheriff's Sale. 4. Defendants hereby releases and forever discharges Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or 2 unknown arising out of or in any way connected to Plaintiff's servicing of Defendants' loan and the within foreclosure action. 5. Plaintiff shall hold this Consent Judgment in escrow until August 30, 2006. In the event Defendants reinstates or pays off this loan in full on or before August 30, 2006, this Consent Judgment will be rendered null and void. 6. In the event Defendants fail to reinstate or pays off this loan in full on or before August 30, 2006, Plaintiff may file this Consent Judgment with the Court and proceed to schedule a Sheriff's Sale of the Property. 7. This Consent Judgment may be executed in counterparts. /,'l /-'1' / UDREN LA W OFBICES;E~., .... .// ~Ji'" /". /~ /,,,.,. /" / /' / /..' /" / / // ~/;/., // ,/ By: .~;/ /. ,/ Mark ~ien, Eiquire Attorhey for PWriliff, H&sehold Finance Consumer Discount Co. Frank E. Y ouric r., Esqui Attorney for Defendants, Alfred W. Farris, ill and Donna M. Farris ,2006 J. 3 un~~~rru ~~~u~~ - ~~~UD~~ CASE NO: 2006-02042 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS FARRIS ALFRED WIll ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FARRIS ALFRED WIll the DEFENDANT , at 1016:00 HOURS, on the 13th day of April , 2006 at 200 TEXACO ROAD MECHANICSBURG, PA 17050 by handing to KRISTY MILLETICS, DAUGHTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. She-riff I s Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.92 .00 10.00 .00 35.92 .:r~~~/::2-~ R. Thomas Kline day of 04/17/2006 ~7 UDRENB~~ OFF~// ~eputy Sher" f Sworn and Subscribed to before me this A.D. Prothonotary ~o<..oD1D'YI t:i.ti.t;J;Ul<'Y' ~ Kt;'l'UKl\I - .KJ:;GULAR CASE NO: 2006-02042 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS FARRIS ALFRED WIll ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FARRIS DONNA M the DEFENDANT , at 1016:00 HOURS, on the 13th day of April , 2006 at 200 TEXACO ROAD MECHANICSBURG, PA 17050 by handing to KRISTY MILLETICS, DAUGHTER 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 So Answers: 6.00 .00 .00 10.00 .00 16.00 , ~ ~CZ:t::7i~~<~,'f' /,t;L~ r #~;;;..~~;;..~~- . "'~. ~- . ,- ~~~'..... ";?-"" --- R. Thomas Kline 04/17/2006 UDREN LAW OFFICES Sworn and Subscribed to before By: me this day of A.D. Prothonotary 'c -p p ~ ~ -c ~ . ~ ~ (1 ~ ~ c:. c:J -"'" d" -' s'" if' ~ ---- ....:r ,.C':\; 1'" ~~ "v -J 0)\ -" (11 r:: ~ ~., t'> -0 \;;' ~ r ~ ::0 'Y (F~ - ~() ~ ....... \~ -\:. ::;:~ Crt -e i) , ~ ~ ?~ ~ ;"? 6 \'U' .>- "'._ \i'1 -.0 1;"s~. CP. 9 - --.:c ...,.,. ~ ~ r" :~ .:.t N