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HomeMy WebLinkAbout01-1831 FX ""_~.L -"" I ^ r"I'I ~ "" '--, ,';'" 'y ~" .~ , ';'$ , t FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (7 1~) ~h1-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392~0780 TERM Plaintiff NO Of-I?.?,( eo~Cl~ v. CUMBERLAND COUNTY JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 Defendant( s) CTVTT, ACTION ~ LAW COMPI ,A INT TN MORTr.Ar.R FORRCI ,OSTJRF NOTICR **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PAl 70 13 (717) 249-3166 Loan #: 11306354 :~1~ ""--= ,,~ - I"",",' -",'WI _, i'. - ~ ~~:t"j t l. Plaintiff is PRlNCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392-0780 2. The name(s) and last known address(es) of the Defendant(s) are: JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 4/3/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST NATIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1373, Page 826. By Assignment of Mortgage recorded 7/3/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 551, Page 563. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. ---" I ~ " L'I>I " ,'U",-'.~,~, ,.'C 6. The following amounts are due on the mortgage: Principal Balance Interest 9/1/00 through 4/1/0 I (Per Diem $14.57) Attorney's Fees Cumulative Late Charges 4/3/97 to 4/1/01 Cost of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal TOTAL $64,468.63 3,103.41 3,223.00 340.73 .5..5..Q.ill) $71,685.77 532.64 D..illl ($ ~,? M) $71,153.13 7. The attorney's fees 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAlNTIFF demands an in rem Judgment against the Defendant(s) in the sum of $71,153.13, together with interest from 4/1/01 at the rate of$14.57 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. i-~~ /'<./ Fr~nk Feclerm~n FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff . LJI ~ "';- < ~~. ALL ~HAT CERTAIN ~ot or piece of ground s~tuate in the Township ot East Pennsboro, County of Cumberland and , Commonwealth of Pennsylvania, described in accordance w~th a survey and plan thereof, dated May 19, 1979, by Gerc~t J. Betz Associates, Inc., Engineers and Surv~yors, as fol~ows, to wi t: BEGINNING at a POi,lt on the Southerly rigjlt-of-way line of Ertord Road (East) said point being 262.1~ fee~ Ease of the Southeasl: corne.t,. ot: Matthew Road and Erfol~d Road (East~; thence from said b.::ginning point and illong the aforesa1.d southerly right-of-way l1ne of Erford Road (East), by a curve def~ectln9 t,) the right having a radius of 280 fe~t, an arc distance of 51 teet to a point, a corner of lands now or late of Elliot B. Sachs~ et ux; thence along the sam~~ South 15 degrees 22 minutes 58 seconds West 122.88 feet to a point in line of l.<lnds now or late of Wil.liam A. Thorne; thence along the same, North 68 degrees 22 minutes 15 seconds West 29.71 feet to a point, a corner of lands now or late of Larry E. Kuntz; thence aloog the same North 4 degrees 56 minutes 47 seconds ~ast 116.95 feet to a point, the place of BECINNrNG. BEING Lot No. 4X, Block ~, Plan No. B of Ridley Par~, recorded Ln Plan Sook 16, Page 49. HAVING thereon erected a two story brick dwell~ng known as No. 712 Er[ord Road. BEING the same premises which Anis A. Tyeb and Hasham A. Tyeb, joint tenants, by theLr deed dated September 20, 1982 and recorded October 14, 1982, in the Recorder of Deeds OffIce ~n and for Cumberland county, pennsylvania, In Deed Book X. Volume 29, Page 975. granced and conveyed unto Anis A. Tyeb and RoohL A. Tyeb, h~s wife, Grantors herein. TOGETHER wLth ~~l. and sin9u~4r the tenements, hereditaments, and appurten&nces thereunto belonging, or in anywise appertaining, and the reversion and reversions, rema~nder and remainders, rents, issues, and prOfits thereof. AND ALSO, All the estate, right, titl.e. interest, property, possession, c~aim. and demana whatsoever, as well in law as in equ!ty, of the said parties of the first part, of, in or to the above described premises. TO HAVe AND TO HOLD, all and sin9u~ar, the above mentIoned and described premises, together with the ap~urtenances, unto the said parties of the second part, their he~rs, and assigns, to their own proper use, benefit, and behoor foreve~. AND the said parties ox the t~rst part, the above described and hereby granted and released premises, and every part and parcel thereof, with the appurtenances, unto the said parties of the seCond part, their heirs and assigns, against the said part~es of tne first part and their heirs, and against a1l and every person or persons whomsoever laWfully claiming or to cla~m the same, shall and will warran~ specially the property hereby conveyed. IN WITNESs WHEREOF, the said parties of the first:. part have hereuneo set th~ir hands and seals the day and year first above written. 1lIilIII!#.w- ,J > ~~,; . ~~ VERIFICATION VICKIE JAKSICH hereby states that she is MANAGER OF FORECLOSURE of PRINCIPAL RESIDENTIAL MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Veriticalion, and that the statements made in the foregoing Civil Aclion in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ - .\J~~ DATE: ,~kM:~~Iif,"',~-'",",~"",W"'X,,,,,:,gjj',,,,';',,,j;"MWJ,,'"h,..,~!,>l';;';A;1'~0/',;;i' ,d'~J";",-yj;l.o'-'~"",!~~U"-"'''''i~~~~~t&IlKIIilI\Il~"'~''ljl.'=-~"~~ t. ~ R ~ ~ iF- ~ ~ ~~ ~ q a ~ .0 j:J f Q, !3 ..:) ~ kl C> ~ tt t ~ -<. ~",~I'L,~",; b d~"'~ ~~="""'''-("..",~~''''''''',~,,' """n""'"",,,,r,"'f,,'~.'; """,;':;'~e:,<<,,;.w~,(^.,.~' '" "~;"~"",,,,,,,,,,~.,,,,,-,,,,,,, ,"""'t,,~; ,",',~~ " ,I'"," , 0"..' ...,~ '~',_' C) <;: "',~- """(}fl'" n,f'f] I~ )> -' c '2: ::;! .~'"<. c' ~;'~'" ~::',:J (">,) I,D c:; Ul (n ... "j(;j (~~~ :c" ~ r! - .._ I, ~~ . . SHERIFF'S RETURN - REGULAR .. '"-, CASE NO: 2001-01831 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORT INC VS SHAH JALAL M ET AL CPL. MICHAEL BARRICK . I I 'I -. ^~ ,,,'-';t; , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SHAH JALAL M was served upon the , 2001 DEFENDANT , at 0014:50 HOURS, on the 11th day of April at 712 ERFORD ROAD CAMP HILL, PA 17011 by handing to WASIF J. SHAH (ADULT SON) a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 Sworn and Subscribed to before me this JJ+k day of A.D. (-'.~ -'-JiG so;;~~~ R. Thomas Kline 04/11/2001 FEDERMJUI & PHELAN ~ BY~ Dep t Sher~ff III ~~ _. ~ w ,.4, ~.~~~ L~ , ~, I ~ I ,I < ~ ,. ~d ,.""~,~ SHERIFF'S RETURN - REGULAR -- CASE NO: 2001-01831 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORT INC VS SHAH JALAL M ET AL CPL. 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 SHAH HAMID J the DEFENDANT , at 0014:50 HOURS, on the 11th day of April , 2001 at 712 ERFORD ROAD CAMP HILL, PA 17011 by handing to WASIF J. SHAH (ADULT SON) a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~~, R. Thomas Kline Sworn and Subscribed to before J5l..~ day of 04/11/2001 FEDERMAN & PHELAN By: ~~~ Deputy Sheriff A.D. ~ ~_... " _l,lll'_ , ,:,,-., --~ ~"., SHERIFF'S RETURN - REGULAR ""'- CASE NO: 2001-01831 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORT INC VS SHAH JALAL M ET AL CPL. 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 SHAH SAQIB J the DEFENDANT , at 0014:50 HOURS, on the 11th day of April , 2001 at 712 ERFORD ROAD CAMP HILL, PA 17011 by handing to WASIF J. SHAH (ADULT SON) a true and attested copy of COMPLAINT - MORT FORE together with NOTICE . and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 sO;::~~t R. Thomas Kline day of 04/11/2001 FEDERMAN & PHELAN BY'~~~ Deputy eriff Sworn and Subscribed to before me this A.D. CXJf(J~ FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Principal Residential Mortgage, Inc. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. Cumberland County Jalal M. Shah Hamid J. Shah Saqid J. Shah Defendants No. 01-01831 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. . Date:~ r;}fJ;JbJbA j. ~ Francis S. Hallinan, Esquire Attorney for Plaintiff , ';-!i~X;i~~Jli,~diilkwJi,;tjj:i,:~~...~*,;ill~);lJflj!""",:,b --'",;, ,-"'r","""i,!>"""t;;,,,,,~,t';,,,"";',i:>i;,'"'-'t~,ari,jt ,~'~"" " *'"11;""" "~!liliil -~.~"~~..>"'''' '....0_'"" ,t, \ <;;,-<, \ \ ~ ~ .";~J~.,,....,;'~,~M,~;t~J';;;:~:3':'''''' '"~;;1' ,-~J~~~h)". >',~l';o,:,~;t;"C)r'!0:;J\,,,~,,11!,~;,;,~ ';,~,f(,;,,,,~~M[;",",,,~,-!:'- I,' ", ,~v ^' '" '", r.",'.' 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