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HomeMy WebLinkAbout07-2423PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 149946 GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff V. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0'7 c. q,13 u , et, I, CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 149946 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 149946 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 149946 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 149946 Plaintiff is GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/08/2001 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR GREENPOINT MORTGAGE FUNDING INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1685, Page: 235. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 149946 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $156,704.96 Interest $7,665.21 10/01/2006 through 04/25/2007 (Per Diem $37.03) Attorney's Fees $1,325.00 Cumulative Late Charges $142.25 03/08/2001 to 04/25/2007 Cost of Suit and Title Search 750.00 Subtotal $166,587.42 Escrow Credit ($544.97) Deficit $0.00 Subtotal 544.97 TOTAL $166,042.45 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 149946 8. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 149946 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $166,042.45, together with interest from 04/25/2007 at the rate of $37.03 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. PHELAN HALLINAN & SCJHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 149946 LEGAL DESCRIPTION ALL that certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described according to a survey for Mary E. McCahan, dated August 2, 1978, by Robert G. Hart, Jr., E.D., as follows: BEGINNING at a point in the center line of the legal right-of-way line of Foxanna Drive, which point is referenced 72 feet to the center line of the intersection of Sherwood Road and Foxanna Drive; thence along the said center line of the legal right-of-way line of Foxanna Drive, North 14 degrees 12 minutes 30 seconds West 245.60 feet to a point, thence along the center line of the legal right-of-way line of Sherwood Road (T-503), South 87 degrees 09 minutes West, 218.68 feet to a point, thence along Lot No. 1, now or formerly of Larry D. Hinson, and through an iron pin, 25 feet from the center line of Sherwood Road (T-503) South 04 degrees 30 minutes East, 248.38 feet to an iron pin, thence along Lot No. 6, North 85 degrees 30 minutes East, 260 feet to a point in the center line of Foxanna Drive, the place of Beginning. CONTAINING 1.345 acres including the dedicated right-of-way and being Lot No. 96 on the above referred to plan of Mary E. McCahan, as recorded in Plan Book 29, Page 89, Cumberland County records. Having thereon erected a dwelling house known and numbered as 101 Sherwood Road, Carlisle, Pennsylvania. File #: 149946 Being the same premises which Donald L. Bitner et al by their deed dated 12/8/88 and recorded in the Cumberland County Recorder's Office in Deed Book 33-S, Page 271 conveyed to Athusain E. Emadi and Nasirali A. Emadi Grantors herein. Maleka Emadi joins in this conveyance solely to convey any interest she has in premises as wife of Nasirali A. Emadi Grantors but does not warrant title. The powers of attorney from Maleka Emadi and Nasirali A. Emadi to Athusain E. Emadi are to be recorded herewith. Asad A. Siddiqui, Obaid A. Siddiqui and Ebad A. Siddiqui join in this conveyance to convey any interest they have in the said premises because of an unrecorded sell-purchase agreement dated August 10, 1994. PREMISES BEING: 101 SHERWOOD DRIVE File #: 149946 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the 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. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his 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. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: -Y/ZS /d 7 b top 4 r- d ;. r mac' N a}- N O O m? f y E"7 -25m i SHERIFF'S RETURN - REGULAR CASE NO: 2007-(2423 P COMMONWEALTH 03 PENNSYLVANIA: COUNTY OF CUMB RLAND GMAC MORTGAGE SIDDIQUI SULT4A K ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SIDDIQUI SULT A K the DEFENDANT at 1500:00 HOURS, on the 11th day of May 2007 at 101 SHERWOOP DRIVE CARLISLE, PA 117013 SULTANA K SIDDIQUI by handing to a true and at4sted copy of COMPLAINT - MORT FORE together with and at the sam? time directing Her attention to the contents thereof. Sheriff's Cost Docketing Service Affidavit Surcharge 611a q 18.00 9.60 .00 10.00 00 37.60 Sworn and Subs ibed to before me this day of , So Answers : R. Thomas Kline 05/14/2007 PHELAN HALLINAN SCHMIEG By: ,--.a?& Deputy Sheriff A. D. 1, A CASE NO: 2007- 2423 P SHERIFF'S RETURN - REGULAR COMMONWEALTH 03 PENNSYLVANIA: COUNTY OF CUMB RLAND GMAC MORTGAGE IG LC S SIDDIQUI SULTAI'A K ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the withn COMPLAINT - MORT FORE was served upon SIDDIQUI SAIFU LAH the DEFENDANT k at 1500:00 HOURS, on the 11th day of May , 2007 at 101 SHERWOOIP DRIVE CARLISLE, PA 1?013 SULTANA K SIDDIQUI by handing to ADULT IN CHARGE a true and att?sted copy of COMPLAINT - MORT FORE together with and at the samL time directing Her attention to the contents thereof. Sheriff's Cost : Docketing Service Affidavit Surcharge s/d4/S Sworn and Subs ibed to before me this of So Answers: 6.00 00 .00 10.00 R. Thomas Kline .00 16.00 05/14/2007 PHELAN HALLINAN SCHMIEG By : C_ day Depu y Sheriff A. D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 190441969 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI Defendant(s). CIVIL DIVISION NO. 07-2423-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SAIFULLAH SIDDIOUI and SULTANA K. SIDDIQUI, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $166,042.45 Interest from 04/26/07 to 06/20/07 $2,073.68 TOTAL $168,116.13 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Iml . iAMEL . S HMIEG, ES U Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 5 a,p6? 4e- R PROTHY 149946 • PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, ,Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff Vs. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI Defendants TO: SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA' 17013 DATE OF NOTICE:.IIINF. 1„2007 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-2423 CIVIL TERM fref ?o,fly THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 4. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (715) 563-7000 GMAC MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff Vs. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI Defendants TO: SULTANA K. SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 DATE OF NOTICE:.IINF 1.2007 CIVIL DIVISION CUMBERLAND COUNTY NO. 07-2423 CIVIL TERM fl(f 410 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT, BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 Plaintiff, V. SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2423-CIVIL TERM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on . LF_,2S 2007. r2 By: is, If you have any questions concerning this matter, please contact: U OANIEL G. SCI MIEG, ESQUI 1 Attorney for Plaintiff ONE PENN CENTER AT SUBU AN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION 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." •. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 V. Plaintiff, SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2423-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SAIFULLAH SIDDIQUI is over 18 years of age and resides at, 101 SHERWOOD DRIVE, CARLISLE, PA 17013. (c) that defendant SULTANA K. SIDDIQUI is over 18 years of age, and resides at, 101 SHERWOOD DRIVE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. kNNII SC 14 M IEG, ESQU Attorney for Plaintiff i4l ? N c? Cif 16 .w+ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI Defendant(s). No. 07-2423-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 06/20/07 to DECEMBER 5, 2007 (per diem -$27.64) Add'1 Costs - TOTAL $168,116.13 $4,643.52 and Costs $1,736.50 $174,496.15 DANIEL G. SCHMIEG, ESQU One Penn Center at Suburban tati n 1617 John F. Kennedy Boulev uite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 149946 oz d? a? a?z zW ?a oz oQ ?z o? H? V f ? en = cla C-i V a 04 W d H a AA w a 0 H UW ^ W? w? O ? °o a? w a c Q 00 to o U y -3 OO v w en M rl rl O O .Q .Q as as V W^ ? ?A A 00 WW xx ?o C3 i a LO -?s 3 ON rn v d c1t ?1C cq a t rlv ?i rte. / r DESCRIPTION ALL that certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described according to a survey for Mary E. McCahan, dated August 2, 1978, by Robert G. Hart, Jr., E.D., as follows: BEGINNING at a point in the center line of the legal right-of-way line of Foxanna Drive, which point is referenced 72 feet to the center line of the intersection of Sherwood Road and Foxanna Drive; thence along the said center line of the legal right-of-way line of Foxanna Drive, North 14 degrees 12 minutes 30 seconds West 245.60 feet to a point, thence along the center line of the legal right-of-way line of Sherwood Road (T-503), South 87 degrees 09 minutes West, 218.68 feet to a point, thence along Lot No. 1, now or formerly of Larry D. Hinson, and through an iron pin, 25 feet from the center line of Sherwood Road (T-503) South 04 degrees 30 minutes East, 248.38 feet to an iron pin, thence along Lot No. 6, North 85 degrees 30 minutes East, 260 feet to a point in the center line of Foxanna Drive, the place of Beginning. CONTAINING 1.345 acres including the dedicated right-of-way and being Lot No. 96 on the above referred to plan of Mary E. McCahan, as recorded in Plan Book 29, Page 89, Cumberland County records. Having thereon erected a dwelling house known and numbered as 101 Sherwood Road, Carlisle, Pennsylvania. Being the same premises which Donald L. Bitner et al by their deed dated 12/8/88 and recorded in the Cumberland County Recorder's Office in Deed Book 33-S, Page 271 conveyed to Athusain E. Emadi and Nasirali A. Emadi Grantors herein. Maleka Emadi joins in this conveyance solely to convey any interest she has in premises as wife of Nasirali A. Emadi Grantors but does not warrant title. The powers of attorney from Maleka Emadi and Nasirali A. Emadi to Athusain E. Emadi are to be recorded herewith. Asad A. Siddiqui, Obaid A. Siddiqui and Ebad A. Siddiqui join in this conveyance to convey any interest they have in the said premises because of an unrecorded sell-purchase agreement dated August 10, 1994. PARCEL IDENTIFICATION NO: 38-05-0433-0023 Premises: 101 Sherwood Drive, Carlisle, PA 17013 Silver Spring Township Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Saifullah Siddiqui and Sultana K. Siddiqui, his wife, by Deed from Athusain E. Emadi and Asma A. Emadi, his wife and Nasirali A. Emadi and Maleka Emadi, his wife, by Athusain E. Emadi, their attorney in fact and Asad A. Siddiqui and Obaid A. Siddiqui and Ebad A. Siddiqui, dated 03/24/2000, recorded 03/31/2000, in Deed Book 218, page 546. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2423 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From SAIFULLAH SIDDIQUI & SULTANA K. SIDDIQUI (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $$168,116.13 L.L. $.50 Interest from 06/20/07 to 12/ 5/07 (per diem-$27.64) - $4,643.52 and Costs Atty's Comm % Atty Paid $172.60 Plaintiff Paid Date: 06-25-07 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Due Prothy $2.00 Other Costs $1,736.50 Deputy -? GMAC MORTGAGE, LLC Plaintiff, V. SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2423-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,101 SHERWOOD DRIVE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI Last Known Address (if address cannot be reasonably ascertained, please indicate) 101 SHERWOOD DRIVE CARLISLE, PA 17013 101 SHERWOOD DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ? . -. 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 101 SHERWOOD DRIVE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to uns orn falsification to authorities. ?? ? l 1 u June 20, 2007 DATE DANIEL G. SCHMIEG, ES Attorney for Plaintiff R Fn- ,n cn C, f'{"1 GMAC MORTGAGE, LLC Plaintiff, V. SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI Defendant(s). CUMBERLAND COUNTY No. 07-2423-CIVIL TERM June 20, 2007 TO: SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 SULTANA K. SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 *"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY" Your house (real estate) at, 101 SHERWOOD DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $168,116.13 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL that certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described according to a survey for Mary E. McCahan, dated August 2, 1978, by Robert G. Hart, Jr., E.D., as follows: BEGINNING at a point in the center line of the legal right-of-way line of Foxanna Drive, which point is referenced 72 feet to the center line of the intersection of Sherwood Road and Foxanna Drive; thence along the said center line of the legal right-of-way line of Foxanna Drive, North 14 degrees 12 minutes 30 seconds West 245.60 feet to a point, thence along the center line of the legal right-of-way line of Sherwood Road (T-503), South 87 degrees 09 minutes West, 218.68 feet to a point, thence along Lot No. 1, now or formerly of Larry D. Hinson, and through an iron pin, 25 feet from the center line of Sherwood Road (T-503) South 04 degrees 30 minutes East, 248.38 feet to an iron pin, thence along Lot No. 6, North 85 degrees 30 minutes East, 260 feet to a point in the center line of Foxanna Drive, the place of Beginning. CONTAINING 1.345 acres including the dedicated right-of-way and being Lot No. 96 on the above referred to plan of Mary E. McCahan, as recorded in Plan Book 29, Page 89, Cumberland County records. Having thereon erected a dwelling house known and numbered as 101 Sherwood Road, Carlisle, Pennsylvania. Being the same premises which Donald L. Bitner et al by their deed dated 12/8/88 and recorded in the Cumberland County Recorder's Office in Deed Book 33-S, Page 271 conveyed to Athusain E. Emadi and Nasirali A. Emadi Grantors herein. Maleka Emadi joins in this conveyance solely to convey any interest she has in premises as wife of Nasirali A. Emadi Grantors but does not warrant title. The powers of attorney from Maleka Emadi and Nasirali A. Emadi to Athusain E. Emadi are to be recorded herewith. Asad A. Siddiqui, Obaid A. Siddiqui and Ebad A. Siddiqui join in this conveyance to convey any interest they have in the said premises because of an unrecorded sell-purchase agreement dated August 10, 1994. PARCEL IDENTIFICATION NO: 38-05-0433-0023 Premises: 101 Sherwood Drive, Carlisle, PA 17013 Silver Spring Township Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Saifullah Siddiqui and Sultana K. Siddiqui, his wife, by Deed from Athusain E. Emadi and Asma A. Emadi, his wife and Nasirali A. Emadi and Maleka Emadi, his wife, by Athusain E. Emadi, their attorney in fact and Asad A. Siddiqui and Obaid A. Siddiqui and Ebad A. Siddiqui, dated 03/24/2000, recorded 03/31/2000, in Deed Book 218, page 546. ? o rs-t ? ? ,. rn ? -CIFTi Cf'?.?- ? TJQ C? t t ?w. i PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC Court of Common Pleas Plaintiff : Civil Division VS. Sultana K. Siddiqui Saifullah Siddiqui : Cumberland County : No. 07-2423-CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 27, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on June 25, 2007 in the amount of $168,116.13. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 5, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $156,704.96 Interest Through 12/05/07 15,845.08 Per Diem $37.03 Late Charges 1,620.93 Legal fees 1,325.00 Cost of Suit and Title 1,189.00 Sheriffs Sale Costs 0.00 Property Inspections 123.75 Appraisal/Brokers Price Opinioin 0.00 Mortgage Ins. Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 2,718.58 TOTAL $179,527.30 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 25, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: Phelan Hallinan & LLP Mlchefe M.-Bradfofd. Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County Sultana K. Siddiqui No. 07-2423-CIVIL TERM Saifullah Siddiqui Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 101 Sherwood Drive, Carlisle, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mort age Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By MeeM. trrdd?,, eg, LLP ichelBuire Attorn ey for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ.,.Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 149946 GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 V. Plaintiff SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 Defendants Q Q n ...{ 'T1 T y?mr ?; ?.. ? m F CfJ '.; {? J T 0 r C' 40 (..: C- o p m --r ca %jo ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q q23 &l U LL `" ? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE " X. 636 'IMP Oro? File #: 149946 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 149940 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 149946 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Fite #: 149946 1. Plaintiff is GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/08/2001 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR GREENPOINT MORTGAGE FUNDING INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1685, Page: 235. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 149946 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $156,704.96 Interest $7,665.21 10/01/2006 through 04/25/2007 (Per Diem $37.03) Attorney's Fees $1,325.00 Cumulative Late Charges $142.25 03/08/2001 to 04/25/2007 Cost of Suit and Title Search 750.00 Subtotal $166,587.42 Escrow Credit ($544.97) Deficit $0.00 Subtotal $544.97 TOTAL $166,042.45 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Pi)e #: 149946 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, i f such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 149946 1 0. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $166,042.45, together with interest from 04/25/2007 at the rate of $37.03 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. PHELAN HALLINAN & SCHMIEG, LLP l , By: s e ncis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File M !49946 LEGAL DESCRIPTION ALL that certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described according to a survey for Mary E. McCahan, dated August 2, 1978, by Robert G. Hart, Jr., E.D., as follows: BEGINNING at a point in the center line of the legal right-of-way line of Foxanna Drive, which point is referenced 72 feet to the center line of the intersection of Sherwood Road and Foxanna Drive; thence along the said center line of the legal right-of-way line of Foxanna Drive, North 14 degrees 12 minutes 30 seconds West 245.60 feet to a point, thence along the center line of the legal right-of-way line of Sherwood Road (T-503), South 87 degrees 09 minutes West, 218.68 feet to a point, thence along Lot No. 1, now or formerly of Larry D. Hinson, and through an iron pin, 25 feet from the center line of Sherwood Road (T-503) South 04 degrees 30 minutes East, 248.38 feet to an iron pin, thence along Lot No. 6, North 85 degrees 30 minutes East, 260 feet to a point in the center line of Foxanna Drive, the place of Beginning. CONTAINING 1.345 acres including the dedicated right-of-way and being Lot No. 96 on the above referred to plan of Mary E. McCahan, as recorded in Plan Book 29, Page 89, Cumberland County records. Having thereon erected a dwelling house known and numbered as 101 Sherwood Road, Carlisle, Pennsylvania. File #: 149946 Being the same premises which Donald L. Bitner et al by their deed dated 12/8/88 and recorded in the Cumberland County Recorder's Office in Deed Book 33-S, Page 271 conveyed to Athusain E. Emadi and Nasirali A. Emadi Grantors herein. Maleka Emadi joins in this conveyance solely to convey any interest she has in premises as wife of Nasirali A. Emadi Grantors but does not warrant title. The powers of attorney from Maleka Emadi and Nasirali A. Emadi to Athusain E. Emadi are to be recorded herewith. Asad A. Siddiqui, Obaid A. Siddiqui and Ebad A. Siddiqui join in this conveyance to convey any interest they have in the said premises because of an unrecorded sell-purchase agreement dated August 10, 1994. PREMISES BEING: 101 SHERWOOD DRIVE File #: 149946 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the 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. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his 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 unswom falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: VLS/O PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOIN F. KENNEDY BLVD., SUM 1400 AITO E FIL PHILADELPHIA, PA 19103-1814 (215) 563-7000 E _ COPY rrr C REMR GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 CUMBERLAND COUNTY HORSHAM, PA 190441969 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 07-2423-CIVIL TERM SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI ATTORNEY FILE COP Defendant(s). pL. ? ` EASE R,E]-URN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SAIFULLAH SIDDI QUI and SULTANA K. SIDDIQUI, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premi 5s, qA0 assess Plaintiffs damages as follows: C= d - -- V c..._ A7TORN EYEIi ECOpv ? i y . As set forth in Complaint P ' 1166,042.45 SASE RETURN ?= o C) Interest from 04/26/07 to 06/20/07 $2,073.68 { - -? TOTAL $168,116.13 Cs -? w I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. U l ORNEY PALE COPIIf'', AM EL . S MVMG, *ESE ? PLEASE RETURN ;1. Attorney for Plaintiff DAMAGES ARE 14EREBY ASSESSED AS INDICATED. DATE:. , . Z S1 xCo 7 PRO PROTHY 149946 HELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey September 25, 2007 Sultana K. Siddiqui Saifullah Siddiqui 101 Sherwood Drive Carlisle, PA 17013 RE: GMAC Mortgage, LLC vs. Sultana K. Siddiqui and Saifullah Siddiqui Premises Address: 101 Sherwood Drive, Carlisle, PA 17013 Cumberland County CCP, No. 07-2423-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Monday, October 1, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V y our Mi he ra fo , , Esquire For Phelan Hallinan & Schmieg, LLP Enclosure Cl O tE `?, O, •? O ? d b ? % d O 5 'A ? p m r G N U . fA ? U ? rr G O 77 d? Y7 W O A S ' N y pC £ 0 L 6 L 3003 diZ W0HJ 0311' N ' , ? C y d T .+ LOOZ SZ d3S O LOS lZOOOO " rn o _ _ _ 53'09 A3Nlb ? yZ eFg b .? y ? C N e sod s ffimwmd? v v E o o? d vi ? a G?v?s o, T G s o 0-4 0 s A p O w w C O 7 ?y. T O o C y }r Q d oA Nw ?r? mw9G O y c ? ? oG O „d ? w Y O •? W ?in, a. w W o ? U} -b 'd 'p a O, "d C!1 " a v z > s , ? a ? vQ-a `Y ? a ? o Yi v o c? U ? N x ? M r n, O w b o ca v 'b' E . z ? P+ N Cl) H 'Q C C` d d °? - N rn ms b ? 4n .. , p e A ? ?Qo VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE: 10 ?& I 6-? Phelan Hallinan & Schmieg, LLP By: fiche TeBAd,E 4. kir e Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC Plaintiff VS. Sultana K. Siddiqui Saifullah Siddiqui Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 07-2423-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Sultana K. Siddiqui Saifullah Siddiqui 101 Sherwood Drive Carlisle, PA 17013 DATE: I U (1i I bg ;MichheleM. Ili 1EEqu Brad, Attorney for P laintiff • OCT 0 b 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC Mortgage, LLC Plaintiff vs. Sultana K. Siddiqui Saifullah Siddiqui Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2423-CIVIL TERM ?f,? RULE AND NOW, this -"' day of 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages `a6 Rule Returnable urge PeiuISyi i BY THE COURT J. Mi le M. Bradford, Esquire elan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 miche le.bradford2fedphe.com <tana K. Siddiqui / Saifullah Siddiqui 101 Sherwood Drive Carlisle, PA 17013 r. .. .\ C ?o 0 \o. 149946 C ? =01 WV 0 1130 LOOZ MVICNOH-row 3 # -#G- t1:nl F PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC Plaintiff vs. Sultana K. Siddiqui Saifullah Siddiqui Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 07-2423-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 5, 2007 was sent to the following individual on the date indicated below. Sultana K. Siddiqui Saifullah Siddiqui 101 Sherwood Drive Carlisle, PA 17013 DATE: h an 1' an & S ieg, LLP By: C ichele M. Brad or , Esquire Attorney for Plaintiff ?? r.? ? -._, ? rv _?' ; i l ? ?_ _ ?S. ?s .? PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE, LLC SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI SERVE SAIFULLAH SIDDIQUI AT 101 SHERWOOD DRIVE CARLISLE, PA I-76'13 / 700j-1 SERVED Served and made known to A;.,-fy11, -d Sirl?iau? i , at I%/0 , o'clock /0.m., at of Pennsylvania, in the manner described below: 16 Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused.to gi a name or relationship. Manager/Clerk of place of lodging in which Defendant(s) resi e(s). Agent or person in charge of Defendant(s)'s office or usual pl ce of business. an officer of said Defendant(s)'s company. Other: Commonwealth Description: Age ._ Height T'& Weight 162 Race fi?,d Sex M Other I, lktii" , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. ,. - V Seto e?, ;yew Jersey NOT SERVED PATRZ?IA E. HARRIS @Mssion Expiresldyrwf1c 2W8 .200_, at Moved Unknown No Answer 1st Attempt: Time: 3rd Attempt: / /-Time: o'clock _.m., Defendant NOT FOUND because: Vacant tad Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 2200-. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1514 (215) 563-7000 Z CUMBERLAND COUNTY No. 07-2423-CIVIL TERM ACCT. #149946 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 on the y/ day of J 60v-- . 200? r--3 r N , PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE, LLC SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI SERVE SULTANA K. SIDDIQUI AT 101 SHERWOOD DRIVE CARLISLE, PA 1.C3 , I -ko CUMBERLAND COUNTY No. 07-2423-CIVIL TERM ACCT. #149946 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 5, 2007 SERVED Served and made known to ?0 /AI-21 SA eo a. Defendant, on the day of I , 200?, at ?'.10 o'clocke.m., at , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). N, Adult in charge of Defendant(s)'s residence who refused to 1 Manager/Clerk of place of lodging in which Defendant(s) re, Agent or person in charge of Defendant(s)'s office or usual 1 an officer of said Defendant(s)'s Other: and Relationship is 4"&4- or relationship. name of business. Description: Age Height ?,6 Weight 40 Race Sex ^ Other a competent adult, being duly personally handed a true and correct copy of the Notice of Sheriff's E captioned case on the date and at the address indicated above. of?1? 200, ,6 ;t:_:; , ew Jersey PATRICIA E. HARRIS Commission Expires June 16, 2008 On the day of Moved Unknown >rn according to law, depose and state that I in the manner as set forth herein, issued in the By. r AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVE 200, at o'clock _.m., Defendant NOT FOUND because: _ No Answer Vacant 1st Attempt: Time: 3rd Attempt: / / Timer Sworn to and subscribed before me this day of _ 200. Notary: By: 2°0 Attempt: Time: DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Pe n Center at Suburban Station, Suite 1400 1617 Jo n F. Kennedy Boulevard Philadel hia, PA 19103-1814 (215) 56 -7000 a -n ? ? ? i-'iP r ? ; ? ..r? 1 ? ," R ? ? n ,-? ?? i ...s-° i - 1,,.'. ? ,? +t PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE ATTORNEY I.D. NO. 62205 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC V. SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO: 07-2423-CIVIL TERM CUMBERLAND COUNTY Praecipe to Substitute Legal Description Attached to Writ of Execution NUNC PRO TUNC TO THE PROTHONOTARY: Kindly substitute the attached legal description for the legal description originally filed with the writ of execution in the instant matter. DATE:October 24, 2007 DANIEL G. SCHM G, ESQU Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described according to a survey for Mary E. McCahan, dated August 2, 1978, by Robert G. Hart, Jr., E.D., as follows: BEGINNING at a point in the center line of the legal right-of-way line of Foxanna Drive, which point is referenced 72 feet to the center line of the intersection of Sherwood Road and Foxanna Drive; thence along the said center line of the legal right-of-way line of Foxanna Drive, North 14 degrees 12 minutes 30 seconds West 245.60 feet to a point, thence along the center line of the legal right-of-way line of Sherwood Road (T-503), South 87 degrees 09 minutes West, 218.68 feet to a point, thence along Lot No. 1, now or formerly of Larry D. Hinson, and through an iron pin, 25 feet from the center line of Sherwood Road (T-503) South 04 degrees 30 minutes East, 248.38 feet to an iron pin, thence along Lot No. 6, North 85 degrees 30 minutes East, 260 feet to a point in the center line of Foxanna Drive, the place of Beginning. CONTAINING 1.345 acres including the dedicated right-of-way and being Lot No. 96 on the above referred to plan of Mary E. McCahan, as recorded in Plan Book 29, Page 89, Cumberland County records. Having thereon erected a dwelling house known and numbered as 101 Sherwood Road, Carlisle, Pennsylvania. Being the same premises which Donald L. Bitner et al by their deed dated 12/8/88 and recorded in the Cumberland County Recorder's Office in Deed Book 33-S, Page 271 conveyed to Athusain E. Emadi and Nasirali A. Emadi Grantors herein. Maleka Emadi joins in this conveyance solely to convey any interest she has in premises as wife of Nasirali A. Emadi Grantors but does not warrant title. The powers of attorney from Maleka Emadi and Nasirali A. Emadi to Athusain E. Emadi are to be recorded herewith. Asad A. Siddiqui, Obaid A. Siddiqui and Ebad A. Siddiqui join in this conveyance to convey any interest they have in the said premises because of an unrecorded sell-purchase agreement dated August 10, 1994. PARCEL IDENTIFICATION NO: 38-05-0433-022 Premises: 101 Sherwood Drive, Carlisle, PA 17013 Silver Spring Township Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Saifullah Siddiqui and Sultana K. Siddiqui, his wife, by Deed from Athusain E. Emadi and Asma A. Emadi, his wife and Nasirali A. Emadi and Maleka Emadi, his wife, by Athusain E. Emadi, their attorney in fact and Asad A. Siddiqui and Obaid A. Siddiqui and Ebad A. Siddiqui, dated 03/24/2000, recorded 03/31/2000, in Deed Book 218, page 546. r? 1, cry SALE DATE: DECEMBER 5, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE, LLC VS. SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI No.: 07-2423-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 101 SHERWOOD DRIVE, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. An.mJ q. ? I DANIEL G. SCHMI G, ESQU Attorney for Plaintiff Date: October 24, 2007 149946 r, u, as ? 00 N x W n ? o ? t'1 "? coo ? r bR ?' r? p °w iG N c 3. ?? W z ?g? ? o O CIl $ ? O m B• J W jilt. 1 ? 1 p0 7 ??? 2 2 1 Q3 421gp10 Z1PG?? 19 w qp0 pKOA ??a ? o r-? ' JD , 4L7 i 7 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 X215) 563-7000 GMAC Mortgage, LLC Plaintiff vs. Sultana K. Siddiqui Saifullah Siddiqui Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2423-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE GMAC Mortgage, LLC, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 5, 2007. 3. A Rule was entered by the Court on or about October 10, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on October 16, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 5, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP 2 Date is el M. ra rd, Esquire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC Plaintiff vs. Sultana K. Siddiqui Carlisle, PA 17013 Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2423-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on October 5, 2007. A Rule was entered by the Court on or about October 10, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on October 16, 2007 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 5, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. T MBr N & SCHMIEG, LLP U? 1 Date is , Esqui re Attorney for the Plaintiff OCT 0 52007 ,PV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC Mortgage, LLC Plaintiff vs. Sultana K. Siddiqui Saifullah Siddiqui : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2423-CIVIL TERM Defendants MIA- RULE AND NOW, this day o 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable BY T COURT J. Michele M. Bradford, Esquire Sultana K. Siddiqui Phelan Hallinan & Schmieg, LLP Saifullah Siddiqui 1617 JFK Boulevard, Suite 1400 101 Sherwood Drive Philadelphia, PA 19103 Carlisle, PA 17013 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com 149946 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Ic Philadelphia, PA 19103-1814 ,? ?\ vl? GMAC Mortgage, LLC z r. N zr j i? 4 ATTORNEY FOR PLA TEM ; Court of Common Pleas Plaintiff Civil Division VS. Cumberland County Sultana K. Siddiqui No. 07-2423-CIVIL TERM Saifullah Siddiqui Defendants, CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 5, 2007 was sent to the following individual on the date indicated below. Sultana K. Siddiqui Saif illah Siddiqui 101 Sherwood Drive Carlisle, PA 17013 Peie 11' an & S ieg, LLP DATE: `y: M. Brad or, Esquire Attorney for Plaintiff ff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. o a Date §4944 relating to the unsworn falsification of authorities. Michele M. Brad d, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC Plaintiff vs. Sultana K. Siddiqui Saifullah Siddiqui Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2423-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Sultana K. Siddiqui Saifullah Siddiqui 101 Sherwood Drive Carlisle, PA 17013 DATE: rBy: Mai ieg, LLP ford, Esquire Attorney for Plaintiff Ir r /t r _ ? yip NOV o DWI K IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC Court of Common Pleas Plaintiff Civil Division VS. Sultana K. Siddiqui Saif illah Siddiqui : Cumberland County : No. 07-2423-CIVIL TERM Defendants ORDER AND NOW, this day of 2007, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance Interest Through 12/05/07 Per Diem $37.03 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $156,704.96 15,845.08 1,620.93 1,325.00 1,189.00 0.00 123.75 0.00 0.00 0.00 :i Via t1 ?oN4a ovj?d 13 MN C3, Suspense/Misc. Credits Escrow Deficit TOTAL 0.00 2,718.58 $179,527.30 Plus interest from 12/05/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Y THE C URT: J. 149946 nom,. t IcL -4d ?y GMAC Mortgage, LLC In the Court of Common Pleas of VS Cumberland County, Pennsylvania Saifullah Siddiqui and Sultana K. Siddiqui Writ No. 2007-2423 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2007 at 1522 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Saifullah Siddiqui and Sultana K. Siddiqui, by making known unto Saifullah Siddiqui, personally and husband of Sultana K. Siddiqui, at 101 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2007 at 1523 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Saifullah Siddiqui and Sultana K. Siddiqui located at 101 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Saifullah Siddiqui and Sultana K. Siddiqui by regular mail to their last known address of 101 Sherwood Drive, Carlisle, PA 17013. These letters were mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of bills So Answers: ?s R. Thomas Kline, Sheriff BY rI'Ltt- Real Estate ergeant 30.00 21.87 15.00 15.00 .50 2.00 7.68 15.00 30.00 20.00 533.00 430.28 14.92 $1,135.25 21)3lbf, j;- 4 ,2 G y33 lew. 1o N 1 SL GMAC MORTGAGE, LLC Plaintiff, • v. SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2423-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE, LLC , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,101 SHERWOOD DRIVE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI Last Known Address (if address cannot be reasonably ascertained, please indicate) 101 SHERWOOD DRIVE CARLISLE, PA 17013 101 SHERWOOD DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 101 SHERWOOD DRIVE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsy?orn falsification to authorities. June 20, 2007 DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT • COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2423 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From SAIFULLAH SIDDIQUI & SULTANA K. SIDDIQUI (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $$168,116.13 L.L. $.50 Interest from 06/20/07 to 12/ 5/07 (per diem-$27.64) - $4,643.52 and Costs Atty's Comm % Arty Paid $172.60 Plaintiff Paid Due Prothy $2.00 Other Costs $1,736.50 Date: 06-25-07 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE trds R. Long, Prothonotary Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 13 On August 2, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 101 Sherwood Drive, c? Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 2, 2007 By- ?. Real Estate Sergeant OE :E Cj ?Lu The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE ?e?latriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31/07 11/07/07 .....? ............. Sworn d subscribed before this 30 day of November, 2007 A.D. Not ry Public COMMONWEALTH OF PENNSYLVANIA NaUVW Seal James L Clark, Notary Public city Of omp"M C=* Comma E)Pvs June 22008 Member, Pennsylvanla Asswistion of Notaries iiMlt ??4"parm tttnd M/AB K WOW A?,OMW aESCMPTWN ALL that certain tract of Ind situate in Silver Spring Towiship, Cumberland County, pennsylvama, bounded and described amotdiag to a survey for Matt' E. McCa W dated August 2,1978, by Robert G. Hart Jr., ED., as follows: BEGINNING at a Point in the line of the legal -of-way line of Foaeataa Drive, which point is m*mwed 72 f+ppt 0 die oaaroer lime of den iatcWWM of Shy Road ad Fawsa Drive; thane akng the pid ooaMe Ease of the legal d&.of-wq line of Foam Drive, Nogh. 14 degrees 12 emmft 30 WON& West 245.60 fat to a point, tlteitx cam line of the legal rigbt-of-way line oI" Smmod hod (T- 503), Saab 87 deg= 09 rrisales Wast.'2190 feet to a point theme along Lot No-1, now or formerly of Larry D. limaao, ad 11110 1 an iron pia, 25 feet from the ear lithe of Sherwood Road (T-503) Saab 64 *Vxs 30 minutes East, 78838 fen, to an iron * thence along Lot No. 6, Natth 85 deem 30 mmaes East, 260 feet to a point in the center lime of Foaramsa Drive, the place of Beginning. CONTADUNG 1.345 am including the dedicated rWof--way and being Lot No. 96 on the above ref nIO a plat of Matt' E• Mdabaa,' as recorded in pie Book 29, Page 89, Cumberland CiwdymcmiL Having tdiavoa em*da d-wg house kaowa aid mbeted as 161 Shaaweaod Road, Car %* Being tk um poses wbich Donald L Bitner et al by 6* deed elated 1218 8 and recorded in the Cuabeeaad Caoray Rw ders Office in Deed Book 33s, Page 271 conveyed to Admanin E` Emwh and Nasirah A. Emadi Grantors bmio, Makka Emaffi loins in this comeyam solely to convey hay fatrae+FShe 1" in premises as wife of N,-cirati A. Vmaali QwAms but 406h, nrat waW49 46 Ohl t 'f boom and Ebad A. Siddiqui join in 9 oomeymm ID convey any interest they have in the said premises beeause of an umWmrded sell peacbase agreement 4OW August 10, 1994. PARCEL NENIIIHCA" NO- X45-W3- 0023 Premises: 101 q wood Drive, Carlisle, PA 17013 Silver Spring `lrmmldp Camb"bW County, Penosylvaais. TMZ.jo SAID PREMISES IS VESTED IN Safigto and sd"A L SAffqua bis wife, by Deed from Athasaie E. Emadi and Asmjiek Finadi, his wife and Nasirah A. Emadi and'MOb Emadi, Lis wife, by Aftisais E. Emadi, their attorney in fact and Agad A Sid*Wq and Maid A. Sidd'iqui and Ebad A. Siddi* dated 03!2412000, recorded 0391st 2000, inDeod DOOk218, Paige 546. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lis arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 9 day of November, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28. 2010 REAL 1MTAT! GALE NO. 13 Writ No. 2007-2423 Civil GMAC Mortgage, LLC VS. Saifullah Siddiqui and Sultana K. Siddiqui Atty.: Daniel Schmieg DESCRIPTION ALL that certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described according to a survey for Mary E. McCahan, dated August 2, 1978, by Robert G. Hart, Jr., E.D., as follows: BEGINNING at a point in the center line of the legal right-of-way line of Foxanna Drive, which point is referenced 72 feet to the center line of the intersection of Sherwood Road and Foxanna Drive; thence along the said center line of the legal right-of- way line of Foxanna Drive, North 14 degrees 12 minutes 30 seconds West 245.60 feet to a point, thence along the center line of the legal right-of- way line of Sherwood Road (T-503), South 87 degrees 09 minutes West, 218.68 feet to a point, thence along Lot No. 1, now or formerly of Larry D. Hinson, and through an iron pin, 25 feet from the center line of Sherwood Road (T-503) South 04 degrees 30 minutes East, 248.38 feet to an iron pin, thence along Lot No. 6, North 85 degrees 30 minutes East, 260 feet to a point in the center line of Foxanna Drive, the place of Beginning. CONTAINING 1.345 acres in- cluding the dedicated right-of-way and being Lot No. 96 on the above referred to plan of Mary E. McCahan, as recorded in Plan Book 29, Page 89, Cumberland County records. Having thereon erected a dwell- ing house known and numbered as 101 Sherwood Road, Carlisle, Pennsylvania. bemg the same premises which Donald L. Bitner et al by their deed dated 12/8/88 and recorded in the Cumberland County Recorder's Of- fice in Deed Book 33-S, Page 271 conveyed to Athusain E. Emadi and Nasirali A. Emadi Grantors herein. Maleka Emadi joins in this convey- ance solely to convey any interest she has in premises as wife of Nasirah A. Emadi Grantors but does not war- rant title. The powers of attorney from Maleka Emadi and Nasirali A. Emadi to Athusain E. Emadi are to be recorded herewith. Asad A. Sid- diqui, Obaid A. Siddiqui and Ebad A. Siddiqui join in this conveyance to convey any interest they have in the said premises because of an unrecorded sell-purchase agreement dated August 10, 1994. PARCEL IDENTIFICATION NO: 38-05-0433-0023. Premises: 101 Sherwood Drive, Carlisle, PA 17013, Silver Spring Township, Cumberland County, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Saifullah Siddiqui and Sultana K. Siddiqui, his wife, by Deed from Athusain E. Emadi and Asma A. Emadi, his wife and Nasirali A. Emadi and Maleka Emadi, his wife, by Athu- sain E. Emadi, their attorney in fact and Asad A. Siddiqui and Obaid A. Siddiqui and Ebad A. Siddiqui, dated 03/24/2000, recorded 03/31/2000, in Deed Book 218, page 546. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 GMAC MORTGAGE, LLC Plaintiff V. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 07-2423-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO ENTER ORDER To the Prothonotary: Kindly enter the attached REASSESSMENT ORDER and AMEND THE JUDGMENT by Order in favor of the Plaintiff and against SULTANA K. SIDDIQUI and SAIFULLAH SIDDIQUI, defendant(s). As Set Forth in the Order $179,527.30 ? La rence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? AA drew L. Spivack, Esq., Id. No. 84439 ['Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 149946 NOV 0 920W IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC Plaintiff : Court of Common. Pleas : Civil Division vs. Sultana K. Siddiqui Saifullah Siddiqui Defendants : Cumberland County No. 07-2423-CIVIL TERM ORDER AND NOW, this f 34?-clay. of K6eAib6q 201a, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $156,704.96 Interest Through4400116P',: 15,845.08 Per Diem $37.03 Late Charges 1,620.93 Legal fees 1,325.00 Cost of Suit and Title 1,189.00 Sheriffs Sale Costs 0.00 Property Inspections 123.75 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private Mortgage Ins. 0.00 NSF (Non-Sufficient Funds charge) 0.00 1c? 9 9y? Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 1 l"J? through the date of sale at six percent per annum. 0.00 2,718.58 $179,527.30 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: J. 149946 TRUE COPY FROM RECORU In Testimony whereof. I here unto set my hand 1 the sea! of said. Court at CarW*, ft rAi ot, ?, OF 2009 OTHE PROTHONOM CT -2 AM 11: 26 C U M B ti 6C UNTY PENNSYLVANIA 1 . A, , 6 6 P 'Ka4 q 0 - PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 GMAC MORTGAGE, LLC Plaintiff, V. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI COURT OF COMMON PLEAS • CIVIL DIVISION NO. 07-2423-CIVIL TERM CUMBERLAND COUNTY Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/05/07 (per diem -$29.51) $179,527.30 $0 TOTAL Note: Please attach description of property. $179,527.30 r,?? -i? ? La nce T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Apfew L. Spivack, Esq., Id. No. 84439 Pdaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 149946 LEGAL DESCRIPTION ALL that certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described according to a survey for Mary E. McCahan, dated August 2, 1978, by Robert G. Hart, Jr., E.D., as follows: BEGINNING at a point in the center line of the legal right-of-way line of Foxanna Drive, which point is referenced 72 feet to the center line of the intersection of Sherwood Road and Foxanna Drive; thence along the said center line of the legal right-of-way line of Foxanna Drive, North 14 degrees 12 minutes 30 seconds West 245.60 feet to a point, thence along the center line of the legal right-of-way line of Sherwood Road (T-503), South 87 degrees 09 minutes West, 218.68 feet to a point, thence along Lot No. 1, now or formerly of Larry D. Hinson, and through an iron pin, 25 feet from the center line of Sherwood Road (T-503) South 04 degrees 30 minutes East, 248.38 feet to an iron pin, thence along Lot No. 6, North 85 degrees 30 minutes East, 260 feet to a point in the center line of Foxanna Drive, the place of Beginning. CONTAINING 1.345 acres including the dedicated right-of-way and being Lot No. 96 on the above referred to plan of Mary E. McCahan, as recorded in Plan Book 29, Page 89, Cumberland County records. TITLE TO SAID PREMISES IS VESTED IN Saifullah Siddiqui and Sultana K. Siddiqui, his wife, by Deed from Athusain E. Emadi and Asma A. Emadi, his wife and Nasirali A. Emadi and Maleka Emadi, his wife, by Athusain E. Emadi, their attorney in fact and Asad A. Siddiqui and Obaid A. Siddiqui and Ebad A. Siddiqui, dated 03/24/2000, recorded 03/31/2000, in Deed Book 218, page 546. PREMISES BEING: 101 SHERWOOD DRIVE, CARLISLE, PA 17013 PARCEL NO. 38-05-0433-0023 PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff, V. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI Defendant(s). ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2423-CIVIL TERM CUMBERLAND COUNTY CERTIFICATION The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) the mortgage is an FHA mortgage. ( ) the premises is non-owner occupied. ( ) the premises is vacant. (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ?! S?ge? -in ? La ce T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Apdrew L. Spivack, Esq., Id. No. 84439 U?faime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff GMAC MORTGAGE, LLC COURT OF COMMON PLEAS • CIVIL DIVISION TERM r GMAC MORTGAGE, LLC Plaintiff, V. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2423-CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 101 SHERWOOD DRIVE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) SULTANA K SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 101 SHERWOOD DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: SULTANA K SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Address (if address cannot be reasonably ascertained, please indicate) 101 SHERWOOD DRIVE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. September 25, 2009 -fr? DATE ? Lawr ce T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 kfaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION SULTANA K. SIDDIQUI NO. 07-2423-CIVIL TERM SAIFULLAH SIDDIQUI ' Defendant(s). CUMBERLAND COUNTY September 25, 2009 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE 101 SHERWOOD DRIVE CARLISLE, PA 17013 CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 101 SHERWOOD DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2010 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $179,527.30 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000 ex-1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described according to a survey for Mary E. McCahan, dated August 2, 1978, by Robert G. Hart, Jr., E.D., as follows: BEGINNING at a point in the center line of the legal right-of-way line of Foxanna Drive, which point is referenced 72 feet to the center line of the intersection of Sherwood Road and Foxanna Drive; thence along the said center line of the legal right-of-way line of Foxanna Drive, North 14 degrees 12 minutes 30 seconds West 245.60 feet to a point, thence along the center line of the legal right-of-way line of Sherwood Road (T-503), South 87 degrees 09 minutes West, 218.68 feet to a point, thence along Lot No. 1, now or formerly of Larry D. Hinson, and through an iron pin, 25 feet from the center line of Sherwood Road (T-503) South 04 degrees 30 minutes East, 248.38 feet to an iron pin, thence along Lot No. 6, North 85 degrees 30 minutes East, 260 feet to a point in the center line of Foxanna Drive, the place of Beginning. CONTAINING 1.345 acres including the dedicated right-of-way and being Lot No. 96 on the above referred to plan of Mary E. McCahan, as recorded in Plan Book 29, Page 89, Cumberland County records. TITLE TO SAID PREMISES IS VESTED IN Saifullah Siddiqui and Sultana K. Siddiqui, his wife, by Deed from Athusain E. Emadi and Asma A. Emadi, his wife and Nasirali A. Emadi and Maleka Emadi, his wife, by Athusain E. Emadi, their attorney in fact and Asad A. Siddiqui and Obaid A. Siddiqui and Ebad A. Siddiqui, dated 03/24/2000, recorded 03/31/2000, in Deed Book 218, page 546. PREMISES BEING: 101 SHERWOOD DRIVE, CARLISLE, PA 17013 PARCEL NO. 38-05-0433-0023 SHORT DESCRIPTION By virtue of a Writ of Execution No. 07-2423-CIVIL TERM GMAC MORTGAGE, LLC VS. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI owner(s) of property situate in the SILVER SPRING TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 101_SHERWOOD DRIVE, CARLISLE, PA 17013 Parcel No. 38-05-0433-0023 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $179,527.30 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 OF THE ftll- TAFN 2004 OCT -2 AM I1 27 PEl4NMANIA ? ?-y-? per- ?y R 13 4, cl s Xq, ov Al ?u ? 3 ?• (o b 13 y g3,3s ??7 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-2423 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From SULTANA K. SIDDIQUI AND SAIFULLAH SIDDIQUI (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 179,527.30 Interest FROM 12/05/07 (PER DIEM - $29.51) Atty's Comm % Atty Paid $1,343.35 Plaintiff Paid Date: October 2, 2009 (Seal) L.L. Due Prothy $2.00 Other Costs 06rtis R. Long, r o By: REQUESTING PARTY: Name JAIME MCGUINNESS, ESQUIRE Deputy Address: PHELAN HALLINAN & SCHMIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 90134 . -V PLAINTIFF GMAC MORTGAGE, LLC DEFENDANT(S) SULTANA K. S- DDIQUI SAIFULLAH SIDDIQUI SERVE SAIFULLAH SIDDIQUI AT: 101 SHERWOOD DRIVE CARLISLE, PA 17013 AFFIDAVIT OFSERVICE CUMBERLAND COUNTY No. 07-2423-CNIL TERM PHS #149946 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2010 n SERVED Served and made known to S?1 F K UAN S!1 DD 1 d U 1 , Defendant, on the 274U day of N&JFM BEQ .200-tat-4:42- o'clock f .m., at 101 Sgf-4WI6D b9tUE, 0A (,t SI..E , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _IZ_Adult family member with whom Defendant(s) reside(s). Name and Relationship is I Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: N C.7 0 rT1 cs c.3 F3 --a 2 T C 7 r` Y Description: Age _0s Height ? Weight ( bS Race tom Sex /N Other -- C--) I, All?t.l? L L a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY CURTY before me this a1?s- day STATE OF 11 JERSEY of Q, ?l?r?M ??200' . My COMMISSION EXPIRES MARCH 7, 2013 Notary: By: V PL E T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On.the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1" Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of .200_. Notary: Vacant 2nd Attempt: Time: By: Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 jo(z AFAIDAVIT OFSERVICE PLAINTIFF GMAC MORTGAGE, LLC CUMBERLAND COUNTY No. 07-2423-CIVIL TERM, DEFENDANT(S) SULTANA K. SIDDIQUI Cq SAIFULLAH SIDDIQUI PHS 049946 - SERVE SULTANA K. SIDDIQUI AT: Type of Action 101 SHERWOOD DRIVE - Notice of Sheriff's Sale`= ; ij `-` CARLISLE, PA 17013 Sale Date: MARCH 3 ijill -= , 11? SERVED - ' Served and made known to Su LT" K - c,51DD 1 Qut , Defendant, on the x'74- day of A004KMR, 2A_RR, at, o'clock .m., at©1 J 4EAw3015 V£ (% lit &t z Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ? Adult family member with whom Defendant(s) reside(s). Name and Relationship is 09 m b 1 Sad Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 1W Height 5K11 Weight 165 Race Sex M Other I, I'?amk p W -t-t, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY CURTY before me this 61* day NOTARY PUBLIC of NMW69e. 200 . STATE OF NEW ? MARCH 1, 2013 Not - By: MY COMMISSION EXPIRES S MAR PL E T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of . 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: Time: rd Attempt: / / Time: 3rd Attempt: I / Time: Sworn to and subscribed before me this day of , 200. Notary: By: Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814` (215) 563-7000 `. i r!} ny 23, It C v iA, ttd L 7 F: 1! Cv Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI No. 07-2423-CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on April 27, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A» 2. Judgment was entered on June 25, 2007 in the amount of $168,116.13. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 3, 2010. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through March 3, 2010 Per Diem $36.96 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $156,391.31 $43,949.21 $3,416.29 $1,325.00 $1,552.00 $1,135.25 $396.85 $95.00 $274.84 $0.00 ($11,735.83) $9,529.74 TOTAL $206,329.66 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 19, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: to By: Lawrence T. Phelan, Esq., Id. No. 32227 Trancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff Court of Common Pleas V. Civil Division CUMBERLAND County SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI No. 07-2423-CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SULTANA K. SIDDIQUI executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 101 SHERWOOD DRIVE, CARLISLE, PA 17013. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp v Grillo, 827 A.2d 489 (Pa. Super. 2003). Morgan Guaranty Trust Co of N.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur v Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citico v. Morrisville Ham ton Realty. 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP ? ? ,S?f tI0 ?D DATE: By: ? Lawrence T. Phelan, Esq., Id. No. 32227 E9'Vrancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 149946 GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 V. Plaintiff SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 Defendants C O -n 7 n-T J 5!-n z ' rn s < 4 r :5 0 -- rn L O ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.O?- .qU 1.lc?ti ?t [ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE voow?o File #: 149946 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 149946 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 149946 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 149946 1. Plaintiff is GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/08/2001 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR GREENPOINT MORTGAGE FUNDING INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1685, Page: 235. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 149946 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11 /01 /2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $156,704.96 Interest $7,665.21 10/01/2006 through 04/25/2007 (Per Diem $37.03) Attorney's Fees $1,325.00 Cumulative Late Charges $142.25 03/08/2001 to 04/25/2007 Cost of Suit and Title Search 750.00 Subtotal $166,587.42 Escrow Credit ($544.97) Deficit $0.00 Subtotal 544.97 TOTAL $166,042.45 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 149946 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 149946 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $166,042.45, together with interest from 04/25/2007 at the rate of $37.03 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. PHELAN HALLINAN & SCHMI`E'G?,,LL?P By: s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Filc M 149946 LEGAL DESCRIPTION ALL that certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described according to a survey for Mary E. McCahan, dated August 2, 1978, by Robert G. Hart, Jr., E.D., as follows: BEGINNING at a point in the center line of the legal right-of-way line of Foxanna Drive, which point is referenced 72 feet to the center line of the intersection of Sherwood Road and Foxanna Drive; thence along the said center line of the legal right-of-way line of Foxanna Drive, North 14 degrees 12 minutes 30 seconds West 245.60 feet to a point, thence along the center line of the legal right-of-way line of Sherwood Road (T-503), South 87 degrees 09 minutes West, 218.68 feet to a point, thence along Lot No. 1, now or formerly of Larry D. Hinson, and through an iron pin, 25 feet from the center line of Sherwood Road (T-503) South 04 degrees 30 minutes East, 248.38 feet to an iron pin, thence along Lot No. 6, North 85 degrees 30 minutes East, 260 feet to a point in the center line of Foxanna Drive, the place of Beginning. CONTAINING 1.345 acres including the dedicated right-of-way and being Lot No. 96 on the above referred to plan of Mary E. McCahan, as recorded in Plan Book 29, Page 89, Cumberland County records. Having thereon erected a dwelling house known and numbered as 101 Sherwood Road, Carlisle, Pennsylvania. File #: 149946 Being the same premises which Donald L. Bitner et al by their deed dated 12/8/88 and recorded in the Cumberland County Recorder's Office in Deed Book 33-S, Page 271 conveyed to Athusain E. Emadi and Nasirali A. Emadi Grantors herein. Maleka Emadi joins in this conveyance solely to convey any interest she has in premises as wife of Nasirali A. Emadi Grantors but does not warrant title. The powers of attorney from Maleka Emadi and Nasirali A. Emadi to Athusain E. Emadi are to be recorded herewith. Asad A. Siddiqui, Obaid A. Siddiqui and Ebad A. Siddiqui join in this conveyance to convey any interest they have in the said premises because of an unrecorded sell-purchase agreement dated August 10, 1994. PREMISES BEING: 101 SHERWOOD DRIVE File #: 149946 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the 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. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his 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 unworn falsification to authorities. "? / ?J?- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: e L o 7 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.1 P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 190441969 Plaintiff, V. SAIFULLAH SIDDIQUI SULTANA K. SIDDIQUI ATTORNEyF,LE Copy ?,: PLEASE BURN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2423-CIVIL TERM Defendant(s). A TORNFy FILE Copy EASE RETURN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SAIFULLAH SIDDI QUI and SULTANA K. SIDDIOUI, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premi 5s, 9AO assess Plaintiffs damages as follows: , ?? - ATTORNEyFIL Tj E CO As set forth in Complaint ` P?LEASER ' X166,042.45 R Interest from 04/26/07 to 06/20/07 N $2,073.68{,' TOTAL $168,116.13 z0 z w w 0 ? rn I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. AT i ORNEY FILE COPY A L S HMIEG, ES U FLE-ASE RETURN ;, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:J?? .Tt x.007 PRO PROTHY 149946 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey January 19, 2010 SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 RE: GMAC MORTGAGE, LLC v. SULTANA K. SIDDIQUI and SAIFULLAH SIDDIQUI Premises Address: 101 SHERWOOD DRIVE CARLISLE, PA 17013 CUMBERLAND County CCP, No. 07-2423-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by January 24, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Wce &.e , squire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire ichele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: ? Lawrence T. Phelan, Esq., Id. No. 32227 [j4-Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division SULTANA K. SIDDIQUI CUMBERLAND County SAIFULLAH SIDDIQUI No. 07-2423-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP DATE: Z ?o to By: ? Lawrence T. Phelan, Esq., Id. No. 32227 E3Tr-ancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF a ZOfOJAH 28 L C? •??i? I - ?'?F?1i JAN 2 7 2010,E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff V. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No. 07-2423-CIVIL TERM AND NOW, this Z7' day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable ain e nia. ''1 r BY THE COURT I?. J. OF TFE F"01 HOINOTARY 2010 FEB -5 Phi 2: 04 RINSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI No. 07-2423-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 27, 2010 Rule was sent to the following individual on the date indicated below. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 DATE: 16 By: Lawrence "T.- Phelan, Esq., Id. No. 32227 FF s S. Hal linan, Esq., Id. No. 62695 el G. Schmieg, Esq., Id. No. 62205 hele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff, n COURT OF COMMON gE Q v. : -a txv rp q-, , -n rn CIVIL DIVISION ??F"- co ??r= SULTANA K. SIDDIQUI 651 SAIFULLAH SIDDIQUI No. 07-2423-CIVIL T = s Defendant(s) _?: 7 C AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 N jrn tv -•c COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: zll ?c> //?-s1 ?wrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ,Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 149946 a c 7 c V Z J cr W co V O O ?t 7 a cn J O W cn = m v -2 Q :3 OD °a(jo r Z L r n¢. = U co c t Z c a gam W a0a r V ? N C V d ZQO N N £ 0 L 6 L 3000 dlZ WOH=l 0311VW W 3 6002 ZO130 9SZLLZbo00 M 0O ca`Zod~ Z3o $ M zo Am s?niwa ?ruw ® ? ? a? $ 'E a y 0 O IL ?Oci S'11d E v ?' N N N M N ? N W w O X{-? r E N C N h d C N nU c ? t c c E O rn ? w a> E ?o Eo o m m ti c c o w E( '6 2 ? - 0 _ W Eel F- m ?Er L O R O O O N 9 Co E'yy U j C 0 a O c ufn o;8 O C N N n C 7 O L N O O C Z Eo H O U.) Mt L U J Q ? V W C? E O H 0 U a CL > c N O E of w 4) .__: LD Z W a w y O F-? z aw w a o X V OC d ? ? m O W? Q UU p° ? p a v OOa WW xa ?nU W CV) Ko 16 o Z q? OW p F- o ? a- d Z Z? m V QO J D ? Q N C1 N `o m N ? E 7 J C 1 Z N 11 . J r I N f 7 tt lj7 (O I? w m - L r r r r r ° a ?, ,tea Z??EO rs;1 i -3 r,t 9. ?j Phelan Hallman & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jam, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff v. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-2423-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE GMAC MORTGAGE, LLC, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 26, 2010. A Rule was entered by the Court on or about January 27, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on February 4, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 24, 2010. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. DATE: 30 -4-4- XLa lina Schmieg, LLP By: nce. P ,An, Esq., Id. No. 32227 ? rancis S. Hallman, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI No. 07-2423-CIVIL TERM Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on January 26, 2010. A Rule was entered by the Court on or about January 27, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on February 4, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 24, 2010. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. h an Hallinan & Schmieg, LLP DATE: JU ?D By: L wrence . Ph sq., Id. No. 32227 ? Xancis S. Hallinan, Esq., Id. No. 62695 ? niel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jam, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF JAN `' 7 2010 05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff Court of Common Pleas V. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI Defendants Civil Division CUMBERLAND County No. 07-2423-CIVIL TERM RULE AND NOW, this k- day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable c+-%--t e , day of BY THE COURT r p• J. ?- AL,? Exhibit "B" y C) ry _a ? try ?,_? t74 f' Cil cp- Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., `Id. No,-94,62 0 Joshua I. Goldman, Esq., Id: 40-: 047 Courtenay R. Dunn, Esq., Id. No. 2.Q67 3 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. SULTANA K. SIDDIQUI _ CUMBERLAND County SAIFULLAH SIDDIQUI±'` " No. 07-2423-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 27, 2010 Rule was sent to the following individual on the date indicated below. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 PL : RE- N Phelan Hallinan & Schmieg, LLP DATE: By; PCA-l Lawrence . Phelan, Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 , Kith Scrrrl;fsq., Id. No. 58745 eetale Jani Es Id. No. 81760 MiliWR' Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. P lan Hallinan & Schmieg, LLP DATE: It By: *arenefP n, Esq., Id. No. 32227 ? rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI No. 07-2423-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 Da Hallinan & Schmieg, LLP DATE: V By; rence T. helan, Esq., I d. . No. 32227 ? F ands S. Hallman, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF MAY 0 4 2010 q IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE, LLC Plaintiff V. Court of Common Pleas Civil Division SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI Defendants CUMBERLAND County No. 07-2423-CIVIL TERM ORDER AND NOW, this S" day of /ytks, , 2010, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tune as follows: Principal Balance $156,391.31 Interest Through March 3, 2010 $43,949.21 Per Diem $36.96 Late Charges $3,416.29 Legal fees $1,325.00 Cost of Suit and Title $1,552.00 Sheriffs Sale Costs $1,135.25 Property Inspections/ Property Preservation $396.85 Appraisal /Brokers Price Opinion $95.00 Mortgage Insurance Premium / $274.84 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($11,735.83) Escrow Deficit $9,529.74 TOTAL $206,329.66 Plus interest from March 3, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. s/s?rv 6? 8 W? 5 VW 0 11011 149946 201 _3 Phelan Hallman & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI No. 07-2423-CIVIL TERM Defendants MOTION TO MAKE RULE ABSOLUTE GMAC MORTGAGE, LLC, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 26, 2010. 3. A Rule was entered by the Court on or about January 27, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on February 4, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 24, 2010. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. DATE: 0V P allina Schmieg, LLP By: Lawrence . P n, Esq., Id. No. 32227 Iran cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jam, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF SHERIFF'S OFFICE OF CUMBERLAND COU1~1~( ' FlLE~-r ~ .w Ronny R Anderson {~~ ~~ o'"~''' h'~'~'~`~~~ Sheriff 4~~-sr of ~urnber~ Jody S Smith ~' >~ '~'~ 2~iQ ~~ "~ ~+~ ~' ~~ Chief Deputy ~ .~; ~~ Edward L Schorpp ;~~:~~~''° CU~d+~G=}:.,; ~, ~~; '~~;}i~~Si~ Solicitor c~icE ar TK>r s~~R~FE ~EN+~Yf..~'Fu'~i~! GMAC Mortgage, LLC vs. Sultana K Siddiqui (et al.) Case Number 2007-2423 SHERIFF'S RETURN OF SERVICE 12/21/2009 06:26 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 12-21-09 at 1815 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sultanta K. &Saifullah Siddiqui, located at, 101 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania according to law. 12/21/2009 06:26 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 12-21-09 at 1815 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Suttant K. Siddiqui, by making known unto, Obaid Siddiqui, son of defendant, at, 101 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/21/2009 06:26 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 12-21-09 at 1815 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Saifullah Siddiqui, by making known unto, Obaid Siddiqui, son of defendant, at, 101 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/03/2010 Property sale postponed to 4/7/2010. 04/07/2010 Property sale postponed to 6/2/2010. 06/01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to iaw, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 6/1/10 SHERIFF COST: $710.35 June 01, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~~UD pd•Cv. ~~ 7~ ~ ~~f ~ ~~ 3 ~~ (c} CountySuite Shenff. Teleosoft; Inc. 1 ' GMAC MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. . NO. 07-2423-CIVIL TERM SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI ~ CUMBERLAND COUNTY Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 101 SHERWOOD DRIVE, CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI Address (if address cannot be reasonably ascertained, please indicate) 101 SHERWOOD DRIVE CARLISLE, PA 17013 101 SHERWOOD DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE CARLISLE, PA 17013 101 SHERWOOD DRIVE CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name~and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Address (if address cannot be reasonably ascertained, please indicate) 101 SHERWOOD DRIVE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. September 25, 2009 ~ DATE ^ Lawr ice T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 fl~aime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff GMAC t1VIOR'~GAGE, LLC Plaintiff, v. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI Defendant(s). September 25, 2009 COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2423-CIVIL TERM CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI 101 SHERWOOD DRIVE 101 SHERWOOD DRIVE CARLISLE, PA 17013 CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVEPREVIOUSLYRECEIVED ADISCHARGE IN BANTER UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 101 SHERWOOD DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2010 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $179,527.30 obtained by GMAC MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000 ex-1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. you may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) Sb3-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Safe. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described according to a survey for Mary E. McCahan, dated August 2, 1978, by Robert G. Hart, Jr., E.D., as follows: BEGINNING at a point in the center line of the legal right-of--way line of Foxanna Drive, which point is referenced 72 feet to the center line of the intersection of Sherwood Road and Foxanna Drive; thence along the said center line of the legal right-of--way line of Foxanna Drive, North 14 degrees 12 minutes 30 seconds West 245.60 feet to a point, thence along the center line of the legal right-of--way line of Sherwood Road (T-503), South 87 degrees 09 minutes West, 218.68 feet to a point; thence along Lot No. 1, now or formerly of Larry D. Hinson, and through an iron pin, 25 feet from the center line of Sherwood Road (T-503) South 04 degrees 30 minutes East, 248.38 feet to an iron pin, thence along Lot No. 6, North 85 degrees 30 minutes East, 260 feet to a point in the center line of Foxanna Drive, the place of Beginning. CONTAINING 1.345 acres including the dedicated right-of--way and being Lot No. 96 on the above referred to plan of Mary E. McCahan, as recorded in Plan Book 29, Page 89, Cumberland County records. TITLE TO SAID PREMISES IS VESTED IN Saifullah Siddiqui and Sultana K. Siddiqui, his wife, by Deed from Athusain E. Emadi and Asma A. Emadi, his wife and Nasirali A. Emadi and Maleka Emadi, his wife, by Athusain E. Emadi, their attorney in fact and Asad A. Siddiqui and Obaid A. Siddiqui and Ebad A. Siddiqui, dated 03/24/2000, recorded 03/31/2000, in Deed Book 218, page 546. PREMISES BEING: 101 SHERWOOD DRIVE, CARLISLE, PA 17013 PARCEL NO. 38-OS-0433-0023 SHORT DESCRIPTION By virtue of a Writ of Execution No. 07-2423-CIVIL TERM GMAC MORTGAGE, LLC vs. SULTANA K. SIDDIQUI SAIFULLAH SIDDIQUI owner(s) of property situate in the SILVER SPRING TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 101 SHERWOOD DRIVE CARLISLE PA 17013 Parcel No. 38-OS-0433-0023 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $179,527.30 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-2423 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From SULTANA K. SIDDIQUI AND SAIFULLAH SIDDIQUI (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 179,527.30 Interest FROM 12/05/07 (PER DIEM - $29.51) Atty's Comm Atty Paid $1,343.35 Plaintiff Paid Date: October 2, 2009 (Seal) L.L. Due Prothy $2.00 Other Costs C is R. Long, Pr ota By: Deputy REQUESTING PARTY: Name JAIME MCGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA ]9103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 90134 On October 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as 101 Sherwood Drive, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 9, 2009 By: state Coordinator r ~s ~•, (t`\ C1,' Ya~;1 ~~ 4 ~ _.~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22 January 29 and February 5 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2007-2423 Civil ` i Marie Coyne, Editor GMAC Mortgage, LLC vs. Sultana K Siddiqui SWORN TO AND SUBSCRIBED before me this Saifullah Siddiqui 5 day of February, 2010 GMAC Mortgage, LLC Atty: Daniel Schmieg ,~--- ,~ By virtue of a Writ of Execution / ' ~~ ' No. 07-2423-CIVIL TERM, GMAC ~ / MORTGAGE, LLC vs. SULTANA K. ~'C 21~J~j SIDDIQUI, SAIFULLAH SIDDIQUI, NOtary owner(s) of property situate in the SILVER SPRING TOWNSHIP, Cum- berland County, Pennsylvania, be- ing (Municipality) 101 SHERWOOD DRIVE. CARLISLE, PA 17013. Parcel No. 3 8-05-0433-0023. (Acreage or street address) NOI.,RiAI 5EA1 Improvements thereon: RESIDEN- DF60Rf~%~ " C0111NS TIAL DWELLING. Notn!y Put:liC JUDGMENT AMOUNT: $179,527- CAR1tSi.F ESORO, CUP~;3rp~wD CO!lP,iY .30. fviy Commission Expires Apr 2E, 20I0 PROPERTY ADDRESS: 101 Sher- ra .~...o..,.®..~-_,,,~,~,,,, wood Drive, Carlisle, PA 17013. - ~ - - ~'he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Docket Number: 2007-2423 Civil Term GMAC Mortgage, LLC vs. Sultana K Siddiqui Salfullah Siddiqui Atty: Daniel Schmleg By virtue of a Writ of Execution No. 07-2423- CNILTERM GMAC MORTGAGE, LLC vs. SULTANA K. SIDDIQUI SAIFUI,LAH SIDDIQUI owner(s) of property situate in the SII,VER SPRING TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 101 SHERWOOD DRIVE. CARLISLE, PA 17013 Pazce1 No. 3 8-OS-0433-0023 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING 1UpGMENT AMOUNT: $179,527.30 PROPERTY ADDRESS: 101 Sherwood Drive, Cazlisle, PA 17013 This ad ran on the date(s) shown below: 01 /22/10 c~he~latriot News NOw you know 01 /29/10 ~j; ~ ~ - 02/05/10 ' ~r%" Sworn to gt7d subscribed before m this~l4 day of February, 2010 A.D. J,Z ' ~ ~_ Notary Public ..~ ~~~_ COMMONyV~I~~~ PENNSYLVANIA Notarial Seal C Sherrie L. lCisner; Notary 1'ubfir~ ~, ~ ~~; C3uphin Courrty Member. pennsptvani~~s~ ~n 6 Notaries Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff GMAC MORTGAGE, LLC Court of Common Pleas Plaintif f Civil Division 's W vs ?--2 O CUMBERLAND County n SULTANA K. SIDDIQUI 5;= c SAIFULLAH SIDDIQUI No. 07-2423-CIVIL TERM Defendant PRAECIPE TO THE PROTHONOTARY: Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. Date: 2 PHELAN LINAN MI LLP By: Lawrence T. elan, Esq., Id. No. 32 27 Francis S. a inan, Esq., Id. No. 62 95 Daniel G S mieg, Esq., Id. No. 62205 Michel . Bradford, Esq., Id. No. 69849 Judith Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 / Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS# 149946 Attorneys for Plaintiff ;tea :J cj y C) -r o -err Gt-.1 g,oo ?a 0-1? erg ?o,as«? R 2 $1P 157