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HomeMy WebLinkAbout07-4696PHELAN 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 159143 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff v. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. b'7- '~lv9(o Civ~ ~ Term CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 159143 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 maybe 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 #: 159143 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 #: 159143 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 #: 159143 1. Plaintiff is CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/03/1997 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to FIRST NATIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1373, Page: 826. By Assignment of Mortgage Recorded 07/03/1997 the mortgage was Assigned To PRINCIPAL RESIDENTIAL MORTGAGE, INC. which Assignment is recorded in Assignment Of Mortgage in Book No. 551, Page 563. 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. 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. File #: 159143 6 The following amounts are due on the mortgage: Principal Balance ~ $66,780.58 Interest $3,685.90 10/01/2006 through 08/06/2007 (Per Diem $11.89) Attorney's Fees $1,250.00 Cumulative Late Charges $484.82 04/03/1997 to 08/06/2007 Cost of Suit and Title Search 550.00 Subtotal $72,751.30 Escrow Credit $0.00 Deficit $614.84 Subtotal 614.84 TOTAL $73,366.14 7 8 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. 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. File #: 159143 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $73,366.14, together with interest from 08/06/2007 at the rate of $11.89 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 H LINAN & SCHMIEG, LLP /~ ~^ By: /s/Fr cis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 159143 LEGAL DESCRIPTION AI.L 'THAT CERTAIN lot oX pieaa of grgond eitu~ate Sn tf~q Taamehip qt F.~Bt prnnebpro, County Of Cumberland anC1 Gaa~nwee-lth of Ponnsylv4111q, deaQrib~rd in accordance with a sui'Vey and plan thQraof, dated btAy 19, 1979.,. by Gerrit ~. 8gt~ Assoclatga, ;nr., Engtn4ere and guxveyo7~e, 4a rollo~iQ, to wit: ~FGINNINa at a paint 4n the sauthgriy right-of-t~tiy line of. E~C~Ord Road (Ragt) avoid point being $6Z.1T f~-e~t EASt of the eOathAbat corner of M~ttthek ltVdd and Prtard Road (~4~tj: thence from said begir~nl;ng p~Oint and along the . afgresald sattth~rly right-o#-way ling of Erfgrrd lioad (Eesr~ , by e tarvr. deflecting to t~l1o 7C1$hL hav.~nq_ a radius .o.f 2~p gosti, an arc di8t.ancq o~ 51 last to a point, a aornQr q-t lands now or ~.9to of Elliot H. Savh6, et ux~ .thence Along the aa~ae, Borth ],5 deg~t-eeq Z8 otinutos 5~ BeCon4~ Meat 1z2..8~ feet to a point 1n 11ne ~f lauds .-tww or bite of Wxllis~p A. Thornq; !t2~ance along- trio same, North fiQ degrees 22_ ml,nuta~ 15 s~condg Waat 29.71 test to d point,.a e4rnex of Zandn now yr ;late of Larry ~. Eunt~1 thence along thq ogee Ndrth 4 degxaea 56 m.ir~utea ~7 seconds. Eaat ~I1~.95 feet to a polAt, the place of BEGIN~(ING. _ 4EIN(~ Lot No. 4X, Blocac J, I~lnn NO. 8 of A,~d1ey Parl¢, recorded 3n Plan Bogk 16, page +c9«. HAVZNG therm erected a two gtiory brick dw$llinq luiaWrt as No. 71Z Ertord Raad. PREMISES: 712 ERFORD ROAD PARCEL: 09-16-1050-218 File #: 159143 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 of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ~~~~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE• / ~- ry a 0 A . C'` ~ v1 ~ op ' ~ ) OC1 ~ ~ O - . t -fit ~ ' , - ~ r, ..... ~l ' , _ .D ~' ~ ~ ` - s ..y ._ a _ ~; ~ v _ c SHERIFF'S RETURN - NOT FOUND CASE N0: 2007-04696 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHAH JALAL M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT SHAH JALAL M 712 ERFORD ROAD NOT FOUND as to CAMP HILL, PA 17011 DEFENDANT LIVES IN VIRGINIA. Sheriff's Costs: Docketing Service Not Found Surcharge ~~za~~ ~ So answer~~ _ _--- 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 47.40 PHELAN HALLINAN SCHMIEG 08/23/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04696 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHAH HAMID J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT SHAH HAMID J 712 ERFORD ROAD NOT FOUND as to CAMP HILL, PA 17011 DEFENDANT LIVES IN VIRGINIA. Sheriff's Costs: So answers: - =-~- Docketing 6.00 ~,,-~y >-~"' - ~ ~~--~'' Service .00 Not Found 5.00 R. Tho s Kli e Surcharge 10.00 Sheriff of Cumberland County .00 ~~.4~0~ L~.- V 21.00 PHELAN HALLINAN SCHMIEG 08/23/2007 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04696 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHAH JALAL M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT SHAH JALAL M NOT FOUND as to 234 FOX DRIVE MECHANICSBURG, PA 17050 DEFENDANT LIVES IN VIRGINIA Sheriff's Costs: Docketing Service Not Found Surcharge ~~x9 ~ o? `-~"" V So answers• 6 . 0 0 .~.-_,.. ~ 9.60 5.00 R. Thomas ine 10.00 Sheriff of Cumberland County .00 30.60 PHELAN HALLINAN SCHMIEG 08/23/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04696 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHAH HAMID J unable to locate Her in his bailiwick COMPLAINT - MORT FORE but was He therefore returns the the within named DEFENDANT SHAH HAMID J f 234 FOX DRIVE MECHANICSBURG, PA 17050 DEFENDANT LIVES IN VIRGINIA. Sheriff's Costs: Docketing Service Not Found Surcharge Ss~ ~°l~b ~ %"' So answers : ~....---- =' - 6.0 0 °~ .~.--- -'_ . 0 0 . ,..- _--_ 5.00 R. Thoma ~.ne 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 08/23/2007 Sworn and Subscribed to before me this day of NOT FOUND as to A.D. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff . vs. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY No. 07-4696 CNIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. P LAN HALLINA S IEG, LLP By: - F NCIS S. HAL INAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: October 4, 2007 /jmr, Svc Dept. File# 159143 ~ ~."' =~ ~ {"`~ -- ~ ~ `,- .' ~ ~ t3t't 00 ~ a : c-:a SHERIFF"S RETURN - NOT FOUND CASE NO :. 2007-04696 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHAH SAQUIB J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 712 ERFORD ROAD CAMP HILL, PA 17011 NOT FOUND as to SHAH SAQUIB J "SOLD" SIGN IN YARD. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff ' s Costs : So answers : ~,_,..---~~~- "~~~`,~,.j Docketing 18.00 Service 14.40 '~ Not Found 5.00 R. omas line Surcharge 10.00 Sheriff of Cuu~erland County .00 ~,,. ~o~zy~o? 47.40 PHELAN HALLINAN SCHMIEG 10/19/2007 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE N0: 2007-04696 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHAH SAQUIB J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 2 MARSHALL DRIVE K-9 NOT FOUND as to SHAH SAQUIB J CAMP HILL, PA 17011 DEFENDANT'S SISTER LIVES AT GIVEN ADDRESS AND SHE STATES THAT DEFENDANT DOES NO LIVE THERE. Sheriff's Costs: Docketing 6.00 Service 14.40 Not Found 5.00 Surcharge 10.00 .00 I d ~1 `~ ~b ~ ~., ~~5 . 4 0 So answers: --~f' r R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 10/19/2007 Sworn and Subscribed to before me this day of A.D. 4 ~ AFFIDAVIT OF SERVICE -CUMBERLAND COUNTY (JMR) CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff TYPE OF ACTION Vs. XX Mortgage Foreclosure JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendants SERVE AT: 15028 LUTZ COURT WOODBRIDGE, VA 22193 XX Civil Action N0.07-4696-CIVIL TERM File Number159143 SERVED Served and made known to SAOIB J. SHAH Defendant on the ~~ day of ~~a'1'A6G~ , 2()~ at ~`-~ o'cl ck, . M., at /S'1328CuT2 tJ'er~¢r~ GJoarB~t~o~,~ ,City in the manner described below: ~D fendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, ~ _, A Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed to SEFC,1~~ ~? . 5~91i a true and correct copy of the ~, ct~rrav4s issued in the captioned case on the date and at the address indicated above. f v . No Description: Age3~~ Heighi~5 / Weight Race~~ Sex ~ Other~Ll~'CS~~ Sworn to and subsc abed Before me this~~ay Served Bv: ~Nll~t~tt,// Nom-, 20d~- ~ ~-/ ~/ ``.Q`.r1K S. >Zj~~` ~. c~ ~~ k.'~ ':~`y ~" NOT SERVED ~ ~ ' i~ NU~Aq '~= N • .O . ~ ~ 0 On the day of , 20_, at o'clock ~3 : ~> A e~ N Q~ .M., Defendant NOT FOUND because: ~(~ ~.oy U`~UO .~ ~ ~: .• ~~ Moved Unknown No Answer Vacant ~~~~ ~'~.xp~RES~~. •QC?`~~ Other: ~~~"i pp ',~ ~~~ /~I~j~1~iA~~~~``~ Sworn to and subscribed Before me the day Of , 20_. Notary: Not Served Bv: Phelan Hallinan & Schmieg, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 rws :jn ~_:; ~ .. t~ . ~M~~ r AFFIDAVIT OF SERVICE -CUMBERLAND COUNTY (JMR) CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff TYPE OF ACTION Vs. XX Mortgage Foreclosure JALAL M. SHAH HAMID J. SHAH XX Civil Action SAQIB J. SHAH N0.07-4696-CIVIL TERM File Number159143 Defendants SERVE AT: 15028 LUTZ COURT WOODBRIDGE, VA 22193 SERVED Served and made known to JALAL M. SHAH Defendant on the LS -day of ~iDdLlrt- , 20~ at d ~ S o'clock, ~-. M., at ~Sa Ld' Cu'~.i- Gam' _ W o~7t>wliG ~ ,City in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is ..SO.~/,~ Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, ~~«~t.oc~ll , A Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed to ~ ~J Stf~9~ a true and correct copy of the ~ou++'+~~ issued in the captioned case on the date and at the address indicated above. Description: Ages Height' ~ Weight ~ ~~ Race~'~ Sex Other C CA3~ Sworn to and subscribed Before me this day Served Bv: OfQ~, 20D~ ~ ~~11111/// Notary: ~ ~~~ ~/a G ?/ ~ ``~~~~PNK S ~y~j~!~'i ~~~~ ~' •+ V . ~~ i NOT SERVED +~~'Q~ UT •s y On the day of , 20_, at o'clock ~O ; 3 N '~ .M., Defendant NOT FOUND because: =~ : ~ °~r- N 2 N = Moved Unknown No Answer Vacant ~~,"~oypUt31,-G `y'sl Q Other: rss1~""~~ _'"~.g.A~?~ Sworn to and subscribed ~/,/~I~~A~~~~!*' Before me the day Not Served Bv: Of , 20 Notary: Phelan Hallinan & Schmieg, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 AFFIDAVIT OF SERVICE -CUMBERLAND COUNTY (JMR) ...~ ~' ~I ~C ~ ~~ .... W CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff TYPE OF ACTION Vs. XX Mortgage Foreclosure JALAL M. SHAH HAMID J. SHAH XX Civil Action SAQIB J. SHAH N0.07-4696-CIVIL TERM File Number159143 Defendants SERVE AT: 15028 LUTZ COURT WOODBRIDGE, VA 22193 Sworn to and subscribed Before me this ~ day Served Bv• `,~~~l~ll~~~~//~~ `~~ PNK S, ,~ ~~~ Nota ~~(06 ~~~ ~~ ~ ~ 0 ~ Z ry ~ c_ ~ ~~ t.1 T Z O .- NOT SERVED ~ 2N ~O •~ °~ ~ ap {/ N, ~ • '~ ~~ ' On the day of M D f d t NOT FOUND b 20 _, at o'clock CIC ~ ~ Q ;r'j~ •. ~p "' •' ~ ~ ~!/ ' 7~• °~+: o; 0 ~•''~ ~~ ~` _. ., e en an ecause: Moved Unknown No Answer Vacant ,r ~ ,q ~ ; 4.. ~ ~ ~/ ~ ~j ~ ~~~ ~~ ~ ~, 1 ~ ~ Other: l SERVED Served and made known to HAMID J. SHAH Defendant on the ~ day of ~ ~ ~ FXL~ , 2(>~}, at ~ ` ~ f' o'clock, --~~. M., at/628 LvT~ v~ (~,) o 0~6 421DG~ ,City in the manner described below: ~Ddfendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, ,a;~n, ~~S , A Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed to l~.~r~i p ~. SHa~ a true and correct copy of the 40,aLCA! b~Vf issued in the captioned case on the date and at the address indicated above. y 0 Description: Age t Height y /~ Weight ~ J Race ~ ! ~ Sex ~ Other C tA3~~ Sworn to and subscribed Before me the day Of , 20 Notary: Not Served Bv: Phelan Hallinan & Schmieg, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 -~ -•.,, ~ 2~~„ -,.. ~~ ~ "U c.~? '• ~ C.3 ~ 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 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY 5280 CORPORATE DRIVE, MS1011 COURT OF COMMON PLEAS FREDERICK, MD 21703 CIVIL DIVISION Plaintiff, v. NO. 07-4696 CIVIL TERM JALAL M. SHAH 15028 LUTZ COURT W OODBRIDGE, VA 22193 HAMID J. SHAH 15028 LUTZ COURT W OODBRIDGE, VA 22193 SAQIB J. SHAH 15028 LUTZ COURT WOODBRIDGE, VA 22193 Defendant(s). 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 JALAL M. SHAH, HAMID J. SHAH, and SAQIB J. SHAH, 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 $73,366.14 Interest from 08!07/07 to 12/43/07 $1,414.91 TOTAL $74,781.05 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. n DANIEL G. SCHMIEG, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: y D 5 O PROTHY Q~Q 159143 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 I215) 563-7000 _ CITIMORTGAGE, INC., SB/M TO PRINCIPAL :COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. Plaintiff :CNIL DIVISION Vs. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendants TO: JALAL M. SHAH 15028 LUTZ COURT WOODBRIDGE, VA 22193 DATE OF NOTICE: NOVEMBER 9.2007 CUMBERLAND COUNTY NO. 07-4696-CNIL TERM ~., , - ~~- ~ 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 NDGMENT 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 F NCIS S. LINAN, ESQUIRE Attorneys for Plaintiff PHELAIv' 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 CITIMORTGAGE, INC., SB/M TO PRINCIPAL :COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. Plaintiff :CIVIL DIVISION Vs. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendants TO: HAMID J. SHAH 15028 LUTZ COURT WOODBRIDGE, VA 22193 DATE OF NOTICE: NOVEMBER 9, 2007 CUMBERLAND COUNTY NO. 07-4b96-CIVIL TERM 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 WTTH 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 NCIS S. HAL INAN, ESQUIRE Attorneys 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 Philadelphia, PA 19103 X215) 563-7000 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL :COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. Plaintiff :CIVIL DIVISION Vs. JALAL M.SHAH HAMID J. SHAH SAQIB J. SHAH Defendants TO: SAQIB J. SHAH 15028 LUTZ COURT WOODBRIDGE, VA 22193 DATE OF NOTICE: NOVEMBER 9.2007 CUMBERLAND COUNTY NO. 07-4696-CIVIL TERM ~8 .~~ ~ ; 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 WTTH 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 S_ F NCIS S. LINAN, ESQUIRE Attorneys for Plaintiff .. 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 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 5280 CORPORATE DRIVE, MS1011 Plaintiff, v. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-4696 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 JALAL M. SHAH is over 18 years of age and resides at , 15028 LUTZ COURT, WOODBRIDGE, VA 22193 . (c) that defendant HAMID J. SHAH is over 18 years of age, and resides at , 15028 LUTZ COURT, WOODBRIDGE, VA 22193. (c) that defendant SAQIB J. SHAH is over 18 years of age, and resides at ,15028 LUTZ COURT, WOODBRIDGE, VA 22193. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCI~VIIEG, ESt Attorney for Plaintiff ~ '~_` C? ~~ ~' ~ ,~- ~' ~ ~ _ -0 ~ ~. ~ ~,od ~^ i"~ -r~ ---~ ~ ~ -r c'~ ;_` _ ~~ ,. ;~ .~ }, ~, .' ~ `, `•y ~ ii ~ ~~ ~ ~< -d,~ ^` (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 5280 CORPORATE DRIVE, MS1011 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH CIVIL DIVISION NO. 0?-4696 CIVIL TERM Defendant(s). By: DEPUTY Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 If you have any questions concerning this matter, please contact: DAjQIEL G. SCHNl1EG, ES RE Attorney for Plaintiff ONE PENN CENTER AT SU 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.** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, v. No. 07-4696 CIVIL TERM JALAL M, SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12!04/07 TO 06/11/08 (per diem -$12.29) Add'1 Costs TOTAL $74,781.05 $2,347.39 and Costs $2,456.50 $79,584.94 n n A ~/ D7~TEL G. S~CHMIE~G, ES RE One Penn Center at Suburb tation 1617 John F. Kennedy Bo ard, Suite 1400 Philadelphia, PA 19103-1814 Attorncy 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. 159143 ~v ~~ ~ ~ ~ J O GTr ~ O ~' O ~ O W!~-~ HC7 ~ H V _ Z~ ~~ ~C ~ ~' W v~ ~ ~ W ~ ~a V ~ w o ~ ~ O ~ pE~-~ ~~ ~~~ H ~ ~1 ~ V 1~1 ~+ ~ ~ ~ ~ ~ Gi ~ 3~ O4 ~~ ~ o' a A E,., pGr'3 ~ ~ ~ c V~ ~ U W ~~ VU ~~ ~ a U a w M M O~ 01 ~ ~ N N N N .. WW ~~ 00 ~~ UV ~a o~ ~~ y v a .i ~ M d1 ~~ a -z ~ ' ~ 17 ~ ?t "' W 9~ L o ~ -t 9 O -Z ..C SU oc ~ J ~ r ~+- g P Cji ~ ~ O 4~OV~~ O S a D ~ O0 O i o c ~ ~ _ = c = s - _ ~ ~_ L to o ~ ~ ~~ t ~+ f LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, described in accordance with a survey and plan thereof, dated May 19, 1979, by Gerrit J. Betz Associates, Inc., Engineers and Surveyors, as follows, to wit: BEGINNING at a point on the Southerly right-of--way line of Erford Road (East) said point being 2b2.17 feet East of the Southeast corner of Matthew Road and Erford Road (East); thence from said beginning point and along the aforesaid Southerly right-of--way line of Erford Road (East), by a curve deflecting to the right having a radius of 280 feet, an arc distance of 51 feet to a point, a corner of lands now or late of Elliot B. Sachs, et uz; thence along the same, South 15 degrees 22 minutes 58 seconds West 122.88 feet to a point in line of lands now or late of William A. Thorne; thence along the same, North 68 degrees 22 minutes 15 seconds West 29.71 feet to a point, a corner of lands now or late of Larry E. Kuntz; thence along the same North 4 degrees 56 minutes 47 seconds East 116.95 feet to a point, the place of BEGINNING. BEING Lot No. 4X, Block J, Plan No. 8 of Ridley Park, recorded in Plan Book 16, Page 49. HAVING thereon erected a two story brick dwelling known as No. 712 Erford Road. BEING the same premises which Anis A. Tyeb and Hasham A. Tyeb, joint tenants, by their deed dated September 20,1982 and recorded October 14,1982, in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book X. Volume 29, Page 975, granted and conveyed unto Anis A. Tyeb and Roohi A. Tyeb, his wife, Grantors herein. TITLE TO SAID PREMISES IS VESTED IN Jalal M. Shah and Hamid J. Shah and Saqib J. Shah, as joint tenants with rights of survivorship, by Deed from Anis A. Tyeb and Roohi A. Tyeb, his wife, dated 04/03/1997, recorded 04/07!1997, in Deed Book 155, page 532. PARCEL IDENTIFICATION NO: 09-16-1050-218 C~'~IMORTGAGE, INC., S/B/M TO PRINCIPAL . RESIDENTIAL MORTGAGE, INC. Plaintiff, v. . JALAL M. SHAH . HAMID J. SHAH . SAQIB J. SHAH . Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-4696 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., 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 ,712 ERFORD ROAD, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 15028 LUTZ COURT WOODBRIDGE, VA 22193 15028 LUTZ COURT WOODBRIDGE, VA 22193 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) Henan Awadalla 1010 Tunbridge Lane Mechanicsburg, PA 17050 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) Blazer Consumer Discount Company 9A North Progress Avenue Harrisburg, PA 17109 S. 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) Township of East Pennsboro 98 South Enola Drive Enola, PA 17025 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 712 ERFORD ROAD CAMP HILL, PA 17011 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 unsworn falsification to authorities. December 3, 2007 . l ~~.P`f' DATE DANIEL G. SCHMIEG, Attorney for Plaintiff 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 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, v. JALAL M. SHAH , HAMID J. SHAH , SAQIB J. SHAH , Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4696 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he 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: (X) an FHA mortgage () non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCH] Attorney for Plaintiff CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, v. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). CUMBERLAND COUNTY No. 07-4696 CIVIL TERM December 3, 2007 TO: JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 15028 LUTZ COURT 15028 LUTZ COURT 15028 LUTZ COURT WOODBRIDGE, VA 22193 WOODBRIDGE, VA 22193 WOODBRIDGE, VA 22193 * *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 ADISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at , 712 ERFORD ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $74,781.05 obtained by CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC (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 X2,15) 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, described in accordance with a survey and plan thereof, dated May 19, 1979, by Gerrit J. Betz Associates, Inc., Engineers and Surveyors, as follows, to wit: BEGINNING at a point on the Southerly right-of--way line of Erford Road (East) said point being 262.17 feet East of the Southeast corner of Matthew Road and Erford Road (East); thence from said beginning point and along the aforesaid Southerly right-of--way line of Erford Road (East), by a curve deflecting to the right having a radius of 280 feet, an arc distance of 51 feet to a point, a corner of lands now or late of Elliot B. Sachs, et ux; thence along the same, South 15 degrees 22 minutes 58 seconds West 122.88 feet to a point in line of lands now or late of William A. Thorne; thence along the same, North 68 degrees 22 minutes 15 seconds West 29.71 feet to a point, a corner of lands now or late of Larry E. Kuntz; thence along the same North 4 degrees 56 minutes 47 seconds East 116.95 feet to a point, the place of BEGINNING. BEING Lot No. 4X, Block J, Plan No. 8 of Ridley Park, recorded in Plan Book 16, Page 49. HAVING thereon erected a two story brick dwelling known as No. 712 Erford Road. BEING the same premises which Anis A. Tyeb and Hasham A. Tyeb, joint tenants, by their deed dated September 20, 1982 and recorded October 14, 1982, in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book X. Volume 29, Page 975, granted and conveyed unto Anis A. Tyeb and Roohi A. Tyeb, his wife, Grantors herein. TITLE TO SAID PREMISES IS VESTED IN Jalal M. Shah and Hamid J. Shah and Saqib J. Shah, as joint tenants with rights of survivorship, by Deed from Anis A. Tyeb and Roohi A. Tyeb, his wife, dated 04/03/1997, recorded 04/07/1997, in Deed Book 155, page 532. PARCEL IDENTIFICATION NO: 09-16-1050-218 ~ r.a r~;~ (~ -,~ _r: t- -r; f.' ;~ 1 .F'"' ~ k. ...,i.:._ ...} .:..y \4 i ~ _ ..~ r~ ~ t^ e°~ "~. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4696 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC, s/b/m to PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From JALAL M. SHAH, HAMID J. SHAH, & SAQIB J. SHAH (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 $74,781.05 L.L.$ 0.50 Interest from 12/04/07 to 6/11/08 (per diem - $12.29) -- $2,347.39 and Costs Atty's Comm Due Prothy $2.00 Atty Paid $331.80 Other Costs $2,456.50 Plaintiff Paid Date: 12/04/07 Proth otary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 .. APR 072008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff vs. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-4696 CIVIL TERM RULE AND NOW, this ~ day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffls Motion to Reassess Damages. . ~ ~i ~~ Rule Returnable on the ~~day of ~ 2008, at .~ . in ~. ~3 Courtroom of the Cumberland County Courthouse, Harris J. 3 ~1~~~~ ~~ ~~ ~ ~~~.~ Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 159143 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff vs. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4696 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 ~ U ~ was sent to the following individual on the date indicated below.. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 DATE: 1 JALAL M. SHAH 224 CHEROKEE DRIVE MECHANICSBURG, PA 17050 11' a g, LLP By: ich le radford, Es ire Attorney for Plaintiff ( LL} rV ,.._. ~ ~'~ - _ -,''3 '~.{ 'i"'~ n~(-.:.: _ +~l 4 ' 8"+„? ~_)tii .~~ ~.: ~,<'3 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff vs. JALAL M. SHAH, HAMID J. SHAH, AND SAQIB J. SHAH Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-469b Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on May 9, 2008 at 11:15 a.m. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisl ennsylvania. Date: April 18, 2008 Dale F. Sh Jr. Supreme Co t .D: 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 cc: Michele M. Bradford, Esquire Jalal M. Shah Hamid J. Shah Saqib J. Shah c-a u ~:~ -~ ~: ' ' ~~ " ' ~~ 1 f '. t 1 ~: ! l~l~/ ,.f: Yd .' ._. t ~~~ ~~~ ~` .~ !'~.J "~.. AFFIDAVIT OF SERVICE PLAIN CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. DEFENDANT(S) JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH CUMBERLAND COUNTY No. 07-4696 CIVIL TERM ACCT. #159143 Type of Action - Notice of Sheriffs Sale SERVE JALAL M. SHAH AT Saie Date: JUNE 11, 2008 15028 LUTZ COURT WOODBRIDGE, VA 22193 SERVED Served and made known to ~ ~.I F~ ~ A ~-. ~. ~ ~~-~} ,Defendant, on the ~ ~ p~ day of ~ c' , 200 at ~, o'clock ~.m., at _ ~ ~ ~ ~~. _~_ _ 1.,~+'~"Z ~~ ~ ~a-.~ C' ~ t~ ~ cxic-? ~' i U ~ Commonwealth of Pe ~ ~ , m the manner described below: ----~Defendant personally served. ~---~. r __~/__Aduit family member with whom Defendant(s) reside(s). Name and Relationship is ~~ h ~~~~ ~ ~cS-~ ~ ~.~ - ~~ 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 . U ,,He((~ight ~ `~ Weight ~ ~ (7 Rac~ Sex -F- =Other I, ~ ~ " --tea competent adult, being duly sworn according to law, depose and state that I personally handed a true and d-t- ect copy of the Notice of Sheriff's Sate in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su scribed DAWN A. PETSKA before me this ~ da Notary Publlc Y Commonwsaltn Ot Vir01Ma ofy~eC~~, 200" 298064 Notary: n fJ`,~il YI~--By~ C~Fii2l~ L M.~~l ~ ~~ My Commlalort Expires May 31, 2009 PLEASE ATTEMPT 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 Unknow~t No Answer Vacant 1st Attempt: 1 / Time: 2°d Attempt: / / Time:, 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 '{{ v ~~ ~~, t:_N7 ~,.yM { I r: _. ;~`~ ~~ i r.~ " Y..td' ~~i ~~.~ ~~ ~, ~ ~~~ ..1~ AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLt'~E'v'TIF~' CITIMORTGAGE, INC., S/BJM TO ~ PRINCIPAL RESIDENTIAL MORTGAGE, No. 07-4696 CIVIL TERM INC. ACCT. #159143 DEFENDANT(S) JALAL M. SHAH HAMID J, SHAH Type of Action SAQIB J. SHAH -Notice of Sheriff s Sale SERVE SAQIB J. SHAH AT Sale Date: NNE 11, 2008 15028 LUTZ COURT WOODBRIDGE, VA 22193 SERVED Served and made known to ~~l A ~: ~ ~ ~ ~~ H ,Defendant, on the ~ `~ day of 2007, at ~-, o'clock~.m., at ~ ~j d7 ;~ ~ t_,ta~',z„ ~' t 1,1z.~ ~p12~~,_.e' ~ ~''r~ ~' Commonwealth of g~ S~yly n~a, in the manner described below: Defendant personally served. ~_Adult family member with whom Defendant(s) reside(s). Name and Relationship is~~'~l~cv+' ~rt ~ ~ +S'~L-~'`°- (.e~;~ Adult in charge ofDefendant(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: c Description: Age Hei~gnht ~ " Weightl 1 y Race Sex ~_ Other I,~} ~ t---~~~--r1.c~~,~ ~, ~(~,~2fZ~ Fc4~&~Ompetent adult, being duly sworn according to law, depose and state that T personally hand~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. DAWN A. PETSKA Notary Public Sworn to and sub abed Co/nm~wsotih et VI-giMa befSS e me this ~ day 248064 of~C~QGGyct~ 200" ,% My Commlaalon Expir~a Moy 81. ?009 Notary. / ~f~~~~~By: ~P~2~r~ PLEASE ATTEMPT 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 15C Attempt: / / Time: 2°d Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200_. One Penn Center at Suburban Station, Suite 1400 Notary: 13y: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 -S° ", ,il^r-.~ z:~ ~ ., l•n$`, , ~""} -"1 _ -_ ~ _•_.t ~ '_ ~~ ~. ^~„i J ~ tly ^~-. PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE CUMBERLAND COUNTY CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, No. 07-4696 CIVIL TERM INC. ACCT. #159143 JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH SERVE HAMID J. SHAH AT 15028 LUTZ COURT WOODBRIDGE, VA 22193 Type of Action - Notice of Sheriff s Sale SERVED Sale Date: NNE 11, 2008 Served and made known to ~ (k-r~ i C~ ~', ~ N f~ ~-~ Defendant, on the~GC~. ((~ day of , 200, at ~_, o'clock P.m., at j ~© `Z ~ L,u` \'Z C{" ter ~ (^~, t -p~ ~ U ~-. Commonwealth of Perin the manner described below: 1`.'r~ "~ fendant personally served. 5~ Adult family member with whom Defendant(s) reside(s). Name and Relationship is _„rt~ RN ~ A~ ~ t,,v ~~- Adult in charge ofDefendant(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 ;~Q,_ Height ~' 3 Weight I f 1? Race~w-~ Sex ~ Other I, ~'~~ rw ~ ~~2s?,~~~ !Ct! a competent adult, being duly sworn according to law, depose and state that I personally ha ed 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. DAWN A. PETSKA Sworn to and sub ribed Notary Public be re me this ~ d y 0 200 commonwealth of VitgtMa Notary. f~~F~~~;,(i~f $y:~~ L ~1~(,~-L>~~U 29x064 ~i_ , `- y -~ My Commlaslon Expires May 3l , 2004 PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock ^.m., Defenda~~t NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: / / Time: 2°d Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 161? John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 ~~ C . C...t ~"~ °("a '_~~ -i ~: ~;_-- '- _ i~ _-~~. . _ ~~~ ~~ {,r, ,alko+.~91A1w..ypR•. .. ..... .., .aa~+,. s6t`~..*4"bn,.rl ,. rf .. ^^M^':P3'' SALE DATE: JUNE 11, 2008 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL No.: 07-4696 CIVIL TERM MORTGAGE, INC. CUMBERLAND COUNTY vs. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 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: 712 ERFORD ROAD, CAMP HILL, PA 17011. 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. (~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ~---1 :t~ _ . ~~M f- n a a C o~ a; ~ v a ~~ a °~ ~ o ~ ~' b ~~~« a°a ~Q ~ AC ~j .~.+ ~ O G ~ '~7 a ~ a> ~ ~Uwa z ~ C a a ~ c ~ r" aO °a b ~ v ~ ~ ~ as ~ zoo w 1007 SO `?~0 0 L08 6Zb000 ~ ` , } ' y a, G ~ `~ "~ 55" P~'O . Rh ~ya~ 34~t~ ~ gE}C~ ~ . . 0 a ~n 0 M ~ ~ .--i a a p a ~ ai Q U ~ H r ~O . a ~-. (fi ~~ LY~ ~ N ^. ', O o r ii iii Q A4 CA o ~ op, E~ ~ p ~ ~ ~ y o a ~ ~ x w ~ ~ ~. .~ ~ ~; ~ ~ o U O cz. ~" N w x p~ O Z O a ~ r, H r, H 1 F" ~ ~ ~ d ~ '~ ~ ~ ad,, ' ; wa ., ~ F-~ d ~ ~ ~ ° 3 o ~ Rio ~ I O U a„ ¢ ~~ ~ o ~ A ~ ~ o~ ~x ~ ~~ ~x a ¢ z ry '~ ~ U oq ~ r w ~ ~ o ~ a :b o o ~ ~ '° ~ ~ O w • ~ N ~ ..~ ~ a> E'" ~ y O ~+ t~ °~ O ~~ w U z w >A w ~~ c o ~ a a a ~ 3 d~ ~ a° ~ Z O ~O ~ ~ ' y ~ ~~ N ~ p a C~ ~ ~ QI .• Q ~ ~ ~~ ~ 'i, ~ o , ~ 0.i N N .-.. I it ~ ~ ~ A p" a c v ~+ ~ o °'~ gi ~~ ~ a .~ ~ U O ~ ~ Q., a ~ O ~ ~ ~ O ~ • ~ o ~ ' ~ ~ ~ ~ N Z ~ W z p Q p v Z ~ o~ U ~o y~ ~ a ~ O Q a.a ~ o ~' -~i ~ ~; d ~ - o~ x o 00 H o, . _. __ d z m Q ~ ~ N M ~h ~ \O l~ 00 O~ N I c r~ '. f ±+eJ t:'.'~ ~~} .. ..~ c~.~ _~ t. --~-. C'~ i '- -- W.~ ~-i ... ., ,J.c' ..i.J Michael L. Solomon, Esquire Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff v. JALAL M. SHAH, HAMID J. SHAH, And SAQIB J. SHAH , DOCKET NO. 07-4696 C{VILTERM Defendants CIVIL ACTION-LAW Emergency Motion to Set Aside Reassessed Damages and/or to Stay Sheriff's Sale AND NOW, come the Defendants in the above-captioned matter, by and through their counsel, Saidis, Flower & Lindsay, who move the Court, as follows: 1. Plaintiff initiated this mortgage foreclosure action by the filing of a complaint on or about August 8, 2007. 2. The Honorable Edward E. Guido has ruled on an issue in this case. 3. The original complaint identified the Defendants' last known address as 712 Erford Road, Camp Hill, Pennsylvania. 4. The Cumberland County Sheriff was not able to locate the Defendants at the Erford Road address. 5. In that the original complaint was not served within thirty (30) days, the Plaintiff filed to have the complaint reinstated on October 5, 2007. 6. The Defendants were ultimately served out-of-state on October 15, 2007. See Affidavits of Service attached hereto as Exhibit A. 7. The Defendants were personally at 15028 Lutz Court, Woodbridge, Virginia. 8. By notice dated November 9, 2007, the Plaintiff noticed its intent to seek a default judgment by sending notice to the Defendants at the address at which they were personally served in Woodbridge, Virginia. See Praecipe for In Rem Judgment and its exhibits attached hereto as Exhibit B. 9. Default Judgment was entered by the Cumberland County Prothonotary on December 4, 2007 in the amount of $74,781.05. 10. On December 11, 2007, Plaintiff personally served the Defendants, in Virginia, notice of the impending Sheriff's sale to be held on June 11, 2008. 11. On April 9, 2008, the Honorable Edward E. Guido issued a Rule on the Defendants to show cause as to why the Plaintiff's request to reassess damages should not be granted. 12. The Rule was made returnable at hearing to have been held on May 9, 2008. 13. The Plaintiff's certificate of service, attached hereto as Exhibit C, notes that on April 14, 2008, the Rule was served on the Defendants at 712 Erford Road, Camp Hill, Pennsylvania. 14. The attempted service upon the Defendants of the Rule concerning the Plaintiff's Motion to Reassess Damages is defective in that it was sent to a prior address that Plaintiff knew or should have known the Defendants were not located; consequently, the Defendants were never made aware of the Rule or the pending hearing at which damages were ultimately reassessed. 15. In fact, all previous documents and notices in this case were served on the Defendants at an address in Virginia. 16. Since the Defendants did not receive notice of either the Plaintiff's Motion to Reassess Damages or the Court's issuance of a Rule on them to show cause why the motion should not be granted, it is respectfully suggested that the reassessed damages should be set aside. 17. Damages should be set at the original amount as noted on the Default Judgment notice of $74,781.05. 18. This matter comes before the Court on an emergency basis in that the real property underlying this action in foreclosure is scheduled to be sold at Sheriff's Sale in Cumberland County on Wednesday, June 11, 2008 (Sale No. 26) 19. Undersigned counsel has attempted to contact counsel for the Plaintiff regarding this matter, but has yet to receive a response either in favor or in opposition hereto. WHEREFORE, the Defendants respectfully request that the reassessed damages should be set aside and the original damages of $74,781.05 should be reinstated. In the alternative, Defendant's respectfully requests that Sheriffs Sale scheduled for June 11, 2008, be stayed pending service of proper notice on the Defendants of the Rule concerning Plaintiffs Motion for Reassessed Damages. Respectfully Submitted, Date: ~O ~ 0 d SAIDIS, FLOWER & LINDSAY By: ~~ ~ ~ ..-._ Mic el L. Solomon, squire Supreme Court ID # 36031 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Defendants EXH I B tT "A" ~~r AFFIDAVIT OF SERVICE -CUMBERLAND COUNTY (JMR) CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff TYPE OF ACTION Vs. XR Mortgage Foreclosure JALAL M. SHAH HAMID J. SHAH XX Civil Action SAQIB J. SHAH N0.07-4696-CIVIL TERM File Number159143 Defendants SERVE AT: 15028 LUTZ COURT WOODBRIDGE, VA 22193 SERVED Served and made known to JALAL M. SHAH Defendant on the L~Iday of ~illatkt- , 2oa} at / Ys~ o'clock, ~-. M., at/SD LBCur~ Caaet' _ ~.lOa.N:WY(tG ,City in the manner described below: Defeendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is ,Sp~t/~,. Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, ,~~ow+C..oW 1 , A Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed to ~jay D J Sil9V _ a true and cotrect copy of the -~uw~+~ issued in the captioned case on the date and at the address indicated above. Of Qom, 20D} Notary: '~ ~~ ~/o t; ~~~ °~,(~= NOT SERVED On the day of , 20,, at o'clock _ .M., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Description: Ages Height S~ •Weight~ Race~'~ S Other C C1~tsC~' Sworn to and sub c 'bed Before me this f~day Served Bv: Sworn to and subscribed Before me the day Of .20 . Notary: 11111///~,/ ~ /y~~~'i I ~~~ ~ry~ 2. ~~N- •~ o ,~ Not Served Bv: ~'""'" PhelAn Hallinan & Schmie~, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Ccnter Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563.7000 AFFIDAVIT OF SERVICE -CUMBERLAND COUNTY (JMR) t~ .._ CCi "O ~~ ~, ~ CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff TYPE OF ACTION Vs. XX Mortgage Foreclosure JALAL M. SHAH HAMID J. SHAH XX Civil Action SAQIB J. SHAH N0.07-4696-CIVIL TERM FYIe Number159143 Defendants SERVE AT: 15028 LUTZ COURT WOODBRIDGE, VA 22193 SERVED S. Served and made known to HAMID J. SHAH Defendant on the ~ day of ~ ~ 862 , 2()~}, at ~ o'clock, ..~~. M., at/6Z8 L.~ ~Qr- („10 0~ C21t~G{~ ,City in the manner described below: ~DAfendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, , ~ 5 , A Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed to /{~.~i D ~, SNAd a true and correct copy of the 4s.ou/Nta1Pf issued in the captioned case on the dat/e and at the address indicated above. Description: Age ~ Height y /0 ~ Weight~~Race~ Sex ~ Other G N'3SG~ Sworn to and subscribed , /) / ~ `,~~11111111/~~/ Before me this ~ day Served By ~~-1~~L"` ~~~~PNK S ~~~ ~~'' Of Q~„ow~ . 20 ~ - ~ ~C ,. ti F ~ ;•o s~ Notary: iJ /~ ~ ~ ~(O(, 3/~ ~O~~~o NOT ~ m e.-~~~ C_ :~ :z ~.~~ ~:n, J NOT SERVED ~~ = 'Rj ~ °; On the day of , 20_, at o'clock ~~'~~'~`~t1C ,.~ Q` _.M., Defendant NOT FOUND because: ~'i~ ~~.,~ Et~' ~~~~ Other: Moved Unlrnown No Answer Vacant ~~I~~~/~t~F+„~,~~~ Sworn to and subscribed Before me the day Of , 20_ Notary: Not Served Bv: Phelan Hallinan & Schmieg, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite ]400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 t7 'd ~ CAD C W •' ~r AFFIDAVIT OF SERVICE -CUMBERLAND COUNTY (JMR) CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff TYPE OF ACTION Vs. XX Mortgage Foreclosure JALAL M. SHAH HAMID J. SHAH XX Civil Action SAQIB J. SHAH N0.07-4646-CIVIL TERM File Number159143 Defendants SERVE AT; 15028 LUTZ COURT WOODBRIDGE, VA 22193 SERVED Served and made known to SA IB J. SHAH Defendant on the ~.S'~y of d~~1A6G~ , 2(]~~ at ~^~ o' cl ck, . M., at lsb2d Lu ; v sr of ._ipC,E ,City in the mannor described below: ~D fendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, A Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed to ~~ 7. Self _ a true and correct copy of the Ae.t~eaN'17s issued in the captioned case on the date and at the address indicated above. ? r No Description: Age3~s Heights ~ Weight Race~~ Sex ~ Other~L/ft.>'i<~ Sworn to and su sc tbed Before me this~~y Served Bv: ``~Nilill/~~~~ No~en, 200 ~ ~ ~/a G,~1 ~ ~.`~Q.PNK' S"'~~~c`~4~ G~" ~n i~°~ t~Orq,9 ti NOT SERVED .O r o < -~; N On the day of , 20_, at o'clock 3 ' s a' Nt _.M., Defendant NOT FOUND because: p ';oy~'lUG ,'1 ,~ S Moved Unknown No Answer Vacant ~~~~j.~°~~RE~s N~.j' C? ~~ Other. ~//~'.~~'li •r.~. _. ~1~Q~~~ Sworn to and subscribed Before me the day Of .20 . Notary; Not Served Bv: Phelan llallinan dk Schmieg, LLP Attorneys For Plaintiff Francis S. Hallman, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA ] 9103-1799 (215)563-7000 Q ~: ~'~'' -a ~_ t? ~ ~, W EXHIBIT "B" PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Da~tiei G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 12151 563-7000 CITIMORTGAGE, INC., SB/M TO PRINCIPAL :COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. Plaintiff :CIVIL DIVISION Vs. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendants TO: JALAL M. SHAH 15028 LUTZ COURT WOODBRIDGE, VA 22193 DATE OF NOTICE: NOVEMBER 9.2007 CUMBERLAND COUNTY NO. 07-0696-CIVIL TERM '. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTTCE 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 1N 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 1MPORTANT 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 coLRVTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 CIS S. LINAN, ESQUIRE Attorneys 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 Philadelphia, PA 19103 (2151 563-7000 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL : COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. Plaintiff :CIVIL DMSION Vs. JALAL M. SHAH HAMID J. SHAH SAQ1B J. SHAH Defendants TO: HAIVIID J. SHAH 15028 LUTZ COURT WOODBRIDGE, VA 22193 DATE OF NOTICE: NOVEMBER 9.2007 CUMBERLAND COUNTY NO. 07-469b-CIVIL TERM .' ~ .t ~:~' ,1 THIS FIRM I5 A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU TN 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. TF 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUN'T'Y LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (500)990-9108 CIS S. HAL INAN, ESQUIRE Attorneys 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 Philadelphia, PA 19103 f215) 563-7000 CITIMORTGAGE, INC., SB/M TO PRINCIPAL ;COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. Plaintiff :CIVIL DIVISION Vs. JALAL M. SHAH HAMID J. SHAH SAQ1B J. SHAH Defendants TO: SAQIB J. SHAH 15028 LUTZ COURT WOODBRIDGE, VA 22193 DATE OF NOTICE: NOVEMBERNOVEMBER 92007 CUMBERLAND COUNTY NO. 07-4696-CIVIL TERM 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 WII,L 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 5ET 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 i 7013 (800)990-9108 ... ___ .. F CIS S. LINAN, ESQUIRE Attorneys for Plaintiff EXHIBIT "C" 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 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff vs. : JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4696 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 ~ (J ~ was sent to the following individual on the date indicated below.. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 DATE: 1 ~ O 4 JALAL M. SHAH 224 CHEROKEE DRIVE MECHANICSBURG, PA 17050 11' g, LLP By: ich le ra ford, Es 're Attorney for Plaintiff Michael L. Solomon, Esquire Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 CITIMORTGAGE, INC., S/B/M TO PRINCIPLA RESIDENTIAL MORTGAGE, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. JALAL M. SHAH, HAMID J. SHAH, And SAQIB J. SHAH , DOCKET NO. 07-4696 CIVILTERM Defendants CIVIL ACTION-LAW CERTIFICATE OF SERVICE AND NOW, June 10, 2008, I, Michael L. Solomon, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Emergency Motion to Set Aside Reassesed Damages and/or Stay Sheriffs Sale upon all counsel of record by facsimile and by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Phelan Hallinan & Schmieg, LLP Suite 1400, 1617 JFK Blvd. Philadelphia, PA 19103-1814 Fax No. 215.568.0719 ~~ ~-~. Mich L. Solomon, squire ~' m ~r3 f°~_t ~~" i-~-s - r- rT' ~ -• ..::~ - , a E- ~ ~_~ `~=~ r•, -."mac -< OE;!O~J%OS bi0~ 11::2 FAQ 215563845~J PHELANH9LLIN&SCHb1IEG X1001 -. XN TIIE CUUItT Olk~ COMMON PLBx~S CCJ~NI'BERLAND COUNTY, PENNS'YL'VANIA CTTYMORTGAGB, INC., S!B/M TC? PiZ1NGIPAx, Court of Caax~rr~on Pleas RESIDENTil~L MORTGAGB,INC. Civil Division l~lairttiff CCJMBERLA.ND County vs. No. 07-q-696 CIVIL TLRM TAL.A.I, M. SS~AI3 I~MID r. sxarl s~.QiB r. s~~I Defendants ORDER AND NOW, this ~ day of 2008 the Pratl~onotary is O1tbEItED tp amend the in rem judgn~ez~t and the Sheriff is ORDERED to amend the writ nunc Grp font in this case as follows: Principal Balance Interest Throu~ June 11, 2008 Per Diem $11.89 Late Charges Legal fees Cast of Suit and Title Sherif3's Sale Cnsts Property Inspections AppzaisallBrakers Price Opinion Mortgage insurance Premiums 1 Private Mortgage Insurance Nan Sufficient Fur3,ds Charge ~~s,7sa.ss $7,358.53 $758.80 $1,735,00 ~1,?l~.aa ~o:oa $~-23.00 ~o.oa $118.20 $a.oo f s`~ ~ `~' 0(i- 09%08 ?~iDn 11: ~2 FA1 2155F~~8~15~J PHEL:INH9LLIN&SCHhIIEG f~002 Suspense/Misc. Credits 7/scra~uv Deficit TO'l'A~, Plus in't'erest from Jtme l l , X008 through the date a~ sale at six pexcent per annum. Note: The above fig~3re is not a payoff quote. figure. Michele lVl.l3radfard, Esquire Phelan Hallinan & Schmieg, I..LI' 1617 J1+K Boulevard, Suite ]~00 1'hifadelphia, PA 19103 TEL: (215) 563-7000 FAX.- (MI5) 5633459 rnichct~,brac?fard cr.fedphe.com JALAL M. SHAH PIAMIf) J. Sl-lAH SAQi.1~ J. Sl-iA1I 7i2 kRh'ORD ROAD CAMP I•TT1.,L,1'A 17011 ($495.12) $2,'7$1. ] 4 $81,174.13 Sheriff's con~rAission is not included in the above T r. 159143 ~. ~' ,,,~, ~ -J ~ 3 ~ ~~ ~ ~ CITIMORTGAGE, INC., S/B/M/ to PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff vs. JALAL M. SHAH, HAMID J SHAH, and SAQIB J. SHAH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4696 CIVIL IN RE: MOTION TO SET ASIDE REASSESSED DAMAGES AND TO STAY SHERIFF'S SALE ORDER AND NOW, this //'' day of June, 2008, the Cumberland County Sheriff's Sale, No. 26, scheduled for June 1 1, 2008, is STAYED for a period of sixty (60) days. Hearing on the plaintiff s motion to reassess damages is set for Tuesday, July 22, 2008, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Counsel for the plaintiff shall forthwith furnish to counsel for the defendants a copy of the motion to reassess damages. BY THE COURT, ~ Francis S. Hallinan, Esquire For the Plaintiff Michael L. Solomon, Esquire For the Defendants Cumberland County Sheriff - ~ ,ES ~~~ °~~/<<1~ ~~ ~-- u~~.': a .~ -? ~: ` C? cc-~, ~ 3 ` `~~~ ~1? i"3 ~ ,-, ~~ ;' CJ7 ~ _? ..... ~ ~ ~ ~~ d N ~ U 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 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff vs. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4696 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Motion to Reassess Damages and Court Order dated June 11, 2008 were sent to the following individual on the date indicated below. Michael L. Solomon, Esquire 2109 Market Street CampHill, PA 17011 DATE: O el Schmieg, LLP By ich le . B adfo d, Esquire Attorney for Plaintiff t`~ c; '~ `t~ i~~ F~f. C^.. y r _ ~ GfJa. y~~~` ~ ~ a ~ _ ~., ~. PHELAN HALLINAN & SCHMIEG, LLP BY: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Fenn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215, 563-7000 CitiMortgage, Inc., SB/M to Principal Residential Mortgage, Inc. Plaintiff vs Jalal M. Shah Hamid J. Shah Saqib J. Shah Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-4696 Civil Term PLAINTIFF'S MOTION FOR CONTINUANCE AND NOW .COMES, Plaintiff, CitiMortgage, Inc., S/B/M to Principal Residential Mortgage, Inc. (hereinafter "Plaintiff') and files this Motion for Continuance and in support thereof avers as follows: 1. Plaintiff filed the above referenced Mortgage Foreclosure Complaint on August 8, 2007. 2. Plaintiff filed a Motion to Reassess Damages on June 11, 2008. 3. Defendants filed an Emergency Motion to Set Aside Reassessed Damages and/or to Stay Sheriff s Sale on June 11, 2008. ~. ~ .r 4. A hearing on Plaintiffs Motion to Reassess Damages is scheduled for July 22, 2008 at 11:00 a.m. in Courtroom No. 4 of Cumberland County Courthouse. 5. Plaintiff is currently reviewing a Short Sale offer made by Defendants and the parties are working to resolve the matter. 6. As a result, Plaintiff requests that the Court grant a continuance of the hearing currently scheduled for July 22, 2008, for a period of thirty (30) days. 7. Defendants have no objection and consent to the continuance. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant the Motion for Continuance. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP BY: Je a R. Davey, Esq ire Attorney for Plaintiff . ,. • , VERIFICATION The undersigned, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Continuance are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: ~ $ ~ BY: Jeni R. Davey, E uire Atto eys for Plain iff One Penn Center Plaza, Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103 (215) 563-7000 -- s . ~. PHELAN HALLINAN & SCHMIEG, LLP BY: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CitiMortgage, Inc., S/B/M to Principal Residential Mortgage, Inc. Plaintiff vs Jalal M. Shah. Hamid J. Shah Sagib J. Shah Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-4696 Civil Term CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Motion for Continuance was served by first class mail on the following. Michael L. Solomon, Esquire Saidis, Flower & Lindsey 2109 Market Street Camp Hill, PA 17011 DATE: g J e R. Davey, E quire A orney for Plaintiff Ca ~ rv ° ~ '~? t cw r-- ny -_ Rte. # a `J 1 'a. •) =~ C..L >~~Ei C~ ' t~ ~~srv t" .. C~5 "'~ ~ ~. 4~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CitiIVlortgage, Inc., S/B/M to Principal Residential Mortgage, Inc. Plaintiff vs Jalal M. Shah Hamid J. Shah Saqib J. Shah Defendants ORDER Court of Common Pleas Civil Division Cumberland County No. 07-4696 Civil Term AND NOW, this o7~-d~ day of ~ ~ ~~; , 2008, based upon the Plaintiff's Motion for Continuance and any response thereto, it is hereby; ORDERED that said Motion is granted and the hearing on Plaintiff's Motion to Reassess Damages currently scheduled for July 22, 2008 at 11 a.m. is hereby continued for thirty (30) days, to o?~i~ day of , 2008 ~t / -~D C1 a.m~. ~U~'t ~. # BY THE COURT: owo O ' ~ ' T-h~ r ~s ~~~ ~ ~ ~ ~Q ~ ~~ ~ `a~ ~.~ ~~t~ _~: ~~~~~ 1Z ~~~4 ~G~Z ,~_ -Nrl~ i ~~"` .. ;; 1~~T ~__._.,~ r s~ r ~ PHELAN HALLINAN & SCHMIEG, LLP BY: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CitiMortgage, Inc., S/B/M to Principal Residential Mortgage, Inc. Plaintiff vs Jalal M. Shah Hamid J. Shah Sagib J. Shah Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-4696 Civil Term CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the Order rescheduling Plaintiffs Motion to Reassess Damages oral argument for August 26, 2008 at 11:00 a.m. in Courtroom No. 4 before Judge Hess was served by regular mail on Defendants' counsel on the date listed below: Michael L. Solomon, Esquire Saidis, Flower & Lindsey 2109 Market Street Camp Hill, PA 17011 DATE: V~' Jenin .Davey, Esq ire Attorney for Plaintiff C"3 ~ <~:) C ~~ ~~.. r._._ ~~~ w -~-,' r ~ w ~ ~ , t_~. T . ' fs_ :; E'er " ~.~ ~° . --~ __ G~? ::11' .. CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF SB/M to PRINCIPAL CUMBERLAND COUNTY, PENNSYLVANIA RESIDENTIAL MORTGAGE, INC., Plaintiff v. JALAL M. SHAH, HAMID J. SHAH, and SAQIB J. SHAH, Defendants CIVIL ACTION -LAW NO. 07-4696 CIVIL TERM ORDER OF COURT AND NOW, this 25`x' day of August, 2008, upon agreement of counsel, the hearing previously scheduled for August 26, 2008, is CONTINUED GENERALLY. Counsel are directed to notify the Court by motion if a hearing in this matter is required or when a settlement has been reached. BY THE COURT, rancis S. Hallinan, Esq. PHELAN, HALLINAN & SCHMIEG, LLP One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff ichael L. Solomon, Esq. 2109 Market Street Camp Hill, PA 17011 Attorney for Defendants :rc J Kev' A. Hess, J. 1 ; J'~ ~~~ j ~ ~~1~~ 5\ ~ 1 F~,~~ ~; L 1 44 ~^~. 1 t x,,4.7 t1", Citimortgage, Inc, s/b/m to Principal Residential Mortgage, Inc. Vs Jalal M. Shah, Hamid J. Shah, &Saqib J. Shah In the Couirt of Common Pleas of Cumberla$~d County, Pennsylvania Writ No. $007-4696 Civil Term R. Thomas Kline, Sheriff, who being duly sworn accor ing to law, states that on March O1, 2008, he served a true copy of the within Real Estate Writ, No ice and Description, in the above entitled action, upon the within named defendants, to wit: Jal M. Shah, Hamid J. Shah, and Saqib J. Shah by making known them personally, its contents, said a and correct copy of the same via certified mail. Steve Bender, Deputy Sheriff, who being duly sworn a cording to law, states that on April O1, 2008 at 1349 hours, he posted a true copy of the within Re Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of alai M. Shah, Hamid J. Shah and Saqib J. Shah located at 712 Erford Road, Camp Hill, Cumber and County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn accor ing to law, states he served the above Real Estate Writ, Notice, Poster and Description in the ollowing manner: The Sheriff mailed a notice of the pendency of the action to the within n ed defendants, to wit: Jalal M. Shah, Hamid J. Shah and Saqib J. Shah by regular mail to their last Down address of 15028 Lutz Court, Woodbridge, VA 22193. This letter was mailed under the dat of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn accor ing to law, states this writ is returned STAYED per letter of request from Attorney Daniel ~chmieg. Sheriff s Costs: Docketing 30.00 Poundage 20.55 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 14.40 Levy 15.00 Surcharge 40.00 Postpone Sale 40.00 Law Journal 425.00 Patriot News 415.88 Share of Bills 14.73 $1,048.06 / i~~~9/b ~ ~. So savers: ~~'- ~-~~ R. Thomas Kline, Sheriff B Real Estate ergeant v C;~''" ' a. ~ ~,~,, ~ ~ ,~~~ , i` ~ CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Ci3MBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CI~1L DIVISION JALAL M. SHAH HAMID J. SHAH N~. 07-4696 CIVIL TERM SAQIB J. SHAH Defendant(s). AFFIDAVIT PURSUANT TO MULE 3129 (Affidavit No. l) CITIMORTGAGE, INC , SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., 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 infokmation concerning the real property located at ,712 ERFORD ROAD, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Last Known Address (if address cannot be reasonably ascertained, please indicate) 15028 LUT7~ COURT WOODBRI~GE, VA 22193 15028 LUT7 COURT WOODBRII~GE, VA 22193 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor property to be sold: Name Hanan Awadalla Last Known reasonably a 1010 Tan judgment is a record lien on the real (if address cannot be d, please indicate) Lane PA 17050 4. Name and address of last recorded holder of every mortgage of record: r' Name Last Knows Address (if address cannot be reasonably ascertained, please indicate) Blazer Consumer Discount Company 9A Nort Progress Avenue Harrisburg, PA 17109 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) Township of East Pennsboro 98 South Enola Drive Enola, P1A 17025 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 III 7. Name and address of every other person of whom the plain~iff has knowledge who has any interest in the property which may be affected by the sale: '~ Name Last Known ~~ddress (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 712 ERF~RD ROAD CAMP HI L, PA 17011 13 North ~Ianover Street Carlisle,l'~A 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true d correct to the best of my personal knowledge or information and belief. I understand that false s tements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsificati n to authorities. , December 3.2007 DATE JI DANIEL G. Attorney for 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 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, v. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). AT'~'ORNEY FOR PLAINTIFF CUMBERLAND COUNTY CbURT OF COMMON PLEAS C~VIL DIVISION N1~. 07-4696 CIVIL TERM DANIEL G. SCHMIEG, ESQUIRE, hereby ve ifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subj ct to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. ~.5. Section 4904 relating to unsworn falsification to authorities. L G. SCHI~IIEG, for Plaintiff :~' CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, v. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH C~JMBERLAND COUNTY N~. 07-4696 CIVIL TERM Defendant(s). D~cember 3, 2007 TO: JALAL M. SHAH .HAMID J. SHAH SAQIB J. SHAH 15028 LUTZ COURT 15028 LUTZ COURT 15028 LUTZ COURT WOODBRIDGE, VA 22193 WOODBRIDGE, VA 2193 WOODBRIDGE, VA 22193 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COL ECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE IOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NO AND SHOULD NOT BE CONSTRUED TD BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OF LIENAGAINST PROPERTY. ** Your house (real estate} at 712 ERFORD ROAD C MP HILL PA 17011 is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in th Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgm nt of $74.781.05 obtained by tTGAGE, INC. (the will be made at said sale in To prevent this Sheriffs Sale, you must take immediate~action: 1. The sale will be cancelled if you pay to the mort agee 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 judgment, if the judgment was improperly e postpone the sale for good cause. 3. You may also be able to stop the sale through You may need an attorney to assert your rights. The so you will have of stopping the sale. (See notice on page two on asking the Court to strike or open the You may also ask the Court to legal proceedings. you contact one, the more chance to obtain an attorney.) mortgagee) against you. In the event the sale is continued, an announce compliance with Pa.R.C.P., Rule 3129.3. 1. If the Sheriff s Sale is not stopped, your property w~ll be sold to the highest bidder. You may find out the price bid by calling X215) 563-7000. 2. You may be able to petition the Court to set aside t~e 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 ~heriff 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 a full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the bu er may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which as paid for your house. A schedule of distribution of the money bid for your house will be filed by e Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The mo ey will be paid out in accordance with this schedule unless exceptions (reasons why the proposed dis 'bution is wrong) aze filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or was of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYE AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR T LEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGA HELP. IMPORTANT NOTICE: This property is sold at the direc ion of the plaintiff. It may not be sold in the absence of a re resentative of the laintiff at the S erifPs 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 ATTO EY REFERRAL CUMBERLAND COUNTY BAR SSOCIATION 2 LIBERTY AVENU CUMBERLAND COUNTY CO RTHOUSE CARLISLE, PA 170 3 (717) 249-3166 (800) 990-9108 .r ALL THAT CERTAIN lot or piece of ground situate in th of Cumberland and Commonwealth of Pennsylvania, desc plan thereof, dated May 19,1979, by Gerrit J. Betz Associ follows, to wit: BEGINNING at a point on the Southerly right-of--way Gnu 262.17 feet East of the Southeast corner of Matthew Road said beginning point and along the aforesaid Southerly ril a curve deflecting to the right haviag a radius of 280 feet, corner of lands now or late of Elliot B. Sachs, et uz; thenc minutes 58 seconds West 122.88 feet to a point in line of la thence along the same, North 68 degrees 22 minutes 15 sei of lands now or late of Larry E. Kuntz; thence along the s seconds East 116.95 feet to a point, the place of BEGINNI. BEING Lot No. 4X, Block J, Plan No. 8 of Ridley Park, HAVING thereon erected a two story brick dwelling BEING the same premises which Anis A. Tyeb and Hasha~ dated September 20,1982 and recorded October 14,1982, for Cumberland County, Pennsylvania, in Deed Book X. V conveyed unto Anis A. Tyeb and Roohi A. Tyeb, his wife, Township of East Pennsboro, County ibed in accordance with a survey and ;es, Inc., Engineers and Surveyors, as of Erford Road (East) said point being ind Erford Road (East); thence from ~t-of--way line of Erford Road (East), by n arc distance of 51 feet to a point, a along the same, South 15 degrees 22 ids now or late of William A. Thorne; ends West 29.71 feet to a point, a corner me North 4 degrees 56 minutes 47 in Plan Book 16, Page 49. as No. 712 Erford Road. A. Tyeb, joint tenants, by their deed the Recorder of Deeds Office in and ume 29, Page 975, granted and antors herein. TITLE TO SAID PREMISES IS VESTED IN Jalal M. Sha and Hamid J. Shah and Saqib J. Shah, as joint tenants with rights of survivorship, by Deed rom Anis A. Tyeb and Roohi A. Tyeb, his wife, dated 04/03/1997, recorded 04/0711997, in Deed Bo k 155, page 532. PARCEL IDENTIFICATION NO: 09-16-1050-218 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4696 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, I~1C, s/b/m to PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From JALAL M. SHAH, HAMID J. SHAH, & SAQIB J. SHA>}I (I) You are directed to levy upon the property of the defendan~ (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) rot 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 deXivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to atta hment is found in the possession of anyone other than a named garnishee, you are directed to notify hi er that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $74,781.05 L.L.$ 0.50 ~ Interest from 12/04/07 to 6/11/08 (per diem - $12.29) -- $2,347.39 and Costs Atty's Comm % Due Prothy $2. 0 Atty Paid $331.80 Other Costs $2 Plaintiff Paid Date: 12/04/07 i , /i _ . (Seal) gy. REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Deputy Supreme Court ID No. 62205 L Real Estate Sale # 26 On February 20, 2008 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 712 Erford Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 20, 2008 By: ~, Real Est a Sergeant l ,~... ~. ~~ ,:~a ~' PROOF OF PUBLICATION OF N10TICE IN CUMBERLAND LAW JOU~tNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberla State aforesaid, being duly sworn, according to law, deposes Journal, a legal periodical published in the Borough of Cazli~ was established January 2, 1952, and designated by the local periodical for the publication of all legal notices, and has, sir. issued weekly in the said County, and that the printed notice exactly the same as was printed in the regular editions and is Journal on the following dates, Law Journal, of the County and d says that the Cumberland Law in the County and State aforesaid, arts as the official legal January 2, 1952, been regularly publication attached hereto is ;s of the said Cumberland Law 9, and May 16, 2008 Affiant further deposes that he is authorized to verify Law Journal, a legal periodical of general circulation, and that matter of the aforesaid notice or advertisement, and that all all statements as to time, place and character of publication are to SWORN TO AND X16 day of N C BED before me this -.~. NOTARIAL SEAL DEBORAH A COILINS Notory Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 s statement by the Cumberland .e is not interested in the subject rations in the foregoing ~i ~-' Coyne, E ' or ~UBS REAL ES'TA'T>c i~AL)c 1W. a6 Writ No. 2007-4696 Civil Citimortgage, Inc., s/b/m to Principal Residential Mortgage, Inc. vs. Jalal M. Shah, Hamid J. Shah 8s Sagib J. Shah Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the Township of East Pennsboro, County of Cumber- land and Commonwealth of Pennsyl- vania, described in accordance with a survey and plan thereof, dated May 19, 1979, by Gerrit J. Betz Associ- ates, Inc., Engineers and Surveyors, as follows, to wit: BEGINNING at a point on the Southerly right-of--way line of Erford Road (East) said point being 262.17 feet East of the Southeast corner of Matthew Road and Erford Road (East); thence from said beginning point and along the aforesaid South- erly right-of--way line of Erford Road (East), by a curve deflecting to the right having a radius of 280 feet, an arc distance of 51 feet to a point, a corner of lands now or late of Elliot B. Sachs, et ux; thence along the same, South 15 degrees 22 minutes 58 seconds West 122.88 feet to a point in line of lands now or late of William A. Thorne; thence along the same, North 68 degrees 22 minutes 15 seconds West 29.71 feet to a point, a corner of lands now or late of Larry E. Kuntz; thence along the same North 4 degrees 56 minutes 47 seconds East 116.95 feet to a point, the place of BEGINNING. BEING Lot No. 4X, Block J, Plan No. 8 of Ridley Park, recorded in Plan Book 16, Page 49. HAVING thereon erected a two story brick dwelling known as No. 712 Erfard Road. BEING the same premises which Avis A. Tycb and l:iiaaham A. Tyeb, joint tenants, by thtir deed dated September 20, 1982 and recorded October 14, 1982, in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book X. Volume 29, Page 975, granted and conveyed unto Anis A. Tyeb and Roohi A. Tyeb, his wife, Grantors herein. TITLE TO SAID PREMISES IS VESTED IN Jalal M. Shah and Hamid J. Shah and Saqib J. Shah, as joint tenants with rights of survivorship, by Deed from Anis A. Tyeb and Roohi A. Tyeb, his wife, dated 04/03/ 1997, recorded 04/07/ 1997, in Deed Book 155, page 532. PARCEL IDENTIFICATION NO: 09-16-1050-218. ~ The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'~e~latriot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT N' Proof of Publication Under Act No. 587, Approved May 1 , 1929 Commonwealth of Pennsylvania, County of auphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and That he is the Assistant Controller of The Patriot News Co., a corporatio Commonwealth of Pennsylvania, with its principal office and place of business a Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of TI newspapers of general circulation, printed and published at 812 to 818 Market S The Patriot-News and The Sunday Patriot-News were established March 4th, 18 all have been continuously published ever since; That the printed notice or publication which is securely attached hereto i daily and/or Sunday/ Metro editions which appeared on the date(s) indicated bell intenssted in the subject matter of said printed notice or advertising, and that all ~ place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly autha behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution ~ stockholders and board of directors of the said Company and subsequently duly in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page PUBLICATION COPY organized and existing under the laws of the 812 to 818 Market Street, in the City of e Patriot-News and The Sunday Patriot-News ~eet, in the City, County and State aforesaid; that i4, and September 18th, 1949, respectively, and exactly as printed and published in their regular N. That neither he nor said Company is 'the allegations of this statement as to the time, '~ and empowered to verify this statement on mously passed and adopted severally by the rded in the office for the Recording of Deeds 17. ad ran on the date(s) shown below: 04/23/08 04/30!08 05/07/08 Sworn to did stl6scribed before me '~tlu Notary 27 day of May, 2008 A. D. Notarial Seal Chytle L. Sheppard, Notary Pu is CRy C+f Harristwrg, Dauphin my My Commission Expires May 29, 2010 Member, Pennsylvania Association o~ Notaries IIM! liir~N-l~tttb tX1i Writ Mo. 9~~Mi CWNTann Cr(twatal~, It+e.. tltt>hAw ie vs ~ N. 4;iaN,•tgnild J. SIaM ig ~. Derikl Sdunis~ Ati. T1iA7' 4~tTRHd kx of piece ~ gtotod situate is the Township ot` Bast P~boro, ~ of Can6er(lral rod of ddscnbad in accwdaece with a ~Y ~P~ d~ Mry 194:1979, by Gerrit J: Ba4: ,Amaaoec, lnc, Engineers and Surveycts, ffifaliora,tw+wit: BEGINB~DN(i eta paint a the 9ond~r right- w~ty ~ ~ Erfad kaad ~l said po~mt. being 262.17foot East aftheSaaB~eastooma~of Mappew, Red ana Erfaad isoad (Bast); d-eaco from-said hegion~g poim and along the afonxaid Snalberlp ri~ba[ axY line of F~rfotd Rod (~), by a ~ deflecting to the right havitt8 atadwc of 180 fat, an arc disumce of 51 feet. to a peat, a carver ~ lands mN a Hie of Elliot B. Sachs, et mr; thearx .along tLe saou, Soadt 15 de~eea 22 mmvea 58 seoaods Wbst 122.88 feet b a point m line of hods now at hte of K 13ome;, thence along the same, North 68 degners 22 15 sornnda west 29.71 fee to a poiot„s coma or Ts~ now a late of Latzy E. Bmtzy thence-aaeg the same Notch 4 degrtrs Sb. miomes 47 secaods :Fast 116.95 feat to a point, the place of BEGB~Il~ONG. BEING Lot No. 4X, Bkrclt J, Ply No.8 of R'~y Padi,recndedmPlmBnok 16,Faged9. Il+,~ thrreoo exaxtd a twn scary-trick dwelling horn as No: 712 E>fad Read. BEING the tame. paemiees AaiaA Tyeb and A.'tyeh, joie teoads, by rhea dxd daiod September 2(1,1982 and temrded October 14,1982, m the Recorder of Duds Office in and fa Cbmber4aod Cau~y, Pe~sylvama, m Decd Book X. ltobime 29, Psge 973, gttaued-aced wov~'ed mrio Ams A.1yeb and Roohi A.1~b, his wife, Gamtosshmea 1Tf1.E 1'0 SAID PREhQSI`S lS VESIID IN lahl M. Shah and.Hamiti J. Shah and Sagib J: ;hah, as joint ieoaots wMh rights of stavivarship, 'mil' Dad from Axis A.1ye6 aced Rodti A. Tyeb, his wife, dakd 04103J1997, recorded 04/07/ 1997, in DeedBook 135, page 332. gARCFI. ~'AT1ON N0:09.1ti-1050- 218 PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7o~n Citimortgage, Inc., S/B/M to Principal Residential Mortgage, Inc. 5280 Corporate Drive MS1011 Frederick, MD 21703 vs. Jalal M. Shah Hamid J. Shah Saqib J. Shah 712 Erford Road Camp Hill, PA 17011 Plaintiff Defendants PRA---_PE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court o Common Pleas Civil Division Cumberland County No.: 07-4696 Civil Term Please mark the above referenced case Discontinued and Ended without prejudice. X Please mark the above referenced case Settled, Discontinued and Ended. PHS: 159143 Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: ~~~ ~Q 1 ~-~_ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS: 159143 ~. ~ °~ ~ . ~ ~~ n i~ ~ ~ fi? .. 4 C77 ~ .w '~ _,.' ~• _ y;'t T ~ ~ J ~ ~' 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 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff vs. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4696 CIVIL TERM 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 August 8, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on December 4, 2007 in the amount of $74,781.05. 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 June 11, 2008. 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 $66,780.58 Interest Through June 11, 2008 $7,358.53 Per Diem $11.89 Late Charges $758.80 Legal fees $1,735.00 Cost of Suit and Title $1,714.00 Sheriffs Sale Costs $0.00 Property Inspections $423.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $118.20 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($495.12) Escrow Deficit $2,781.14 TOTAL $81,174.13 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 Defendants on March 27, 2008 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: Ph 1 S g, LLP By: Mic ele M. radford, sq i Attorney for Plaintiff 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 X215) 563-7000 CITIMORTGAGE, INC., SIB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff vs. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-4696 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF`S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JALAL M. SHAH, HAMID J. SHAH and SAQIB J. SHAH 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. Plaintiff s Note was secured by a Mortgage on the Property located at 712 ERFORD ROAD, CAMP HILL, PA 17011. 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 Sheriff s 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 Mort agg_ a 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 Sheriff s sale. Nationsbanc Mortgage 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 Companyv. 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 Sheriff s 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, Plaintiff s 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 Shoppin Cg enter, 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 often 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: el i g, LLP By: Mi ele ra ford, q 'r 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 PHII.,ADELPHIA, PA 19103 X215) 563-7000 159143 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, Il~1C. 5280 CORPORATE DRNE MS1011 FREDERICK, MD 21703 ~ r ~~ ~ ~ ~ ~' r~~ ~C' ~ U~ .,: ~~ ~ ~ r.-~ 9 .o ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVII, DIVISION Plaintiff' NQ. d'7 _ e~(oQ(p l~tV; ( `rim v. CUMBERLAND COUNTY JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 Defendants . CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE ~~RNEY ALE C+~Py p~S~ ~~~RN vYe hereby certify tie within to be a tr~+e and correct co of the original filed of record Fik #; 159143 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 pmceed without you and a judgment maybe 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 HIItING A LAWYER. 1F 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 ~: 159143 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) DQ 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 DEFENDANTS} 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 XOU BEFORE SUING YOU TO COLLECT TIIIS DEBT. EVEN THOUGII THE LAW PROVIDES THAT YOUR ANSWER TO THIS file #: 159743 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, THI5 IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Eile #: 154143 1. Plaintiffis CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 5280 CORPORATE DRIVE MS 1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 who islare the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/03/1997 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to FIRST NATIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1373, Page: 826. By Assignment of Mortgage Recorded 07/03/1997 the mortgage was Assigned To PRINCIPAL RESIDENTIAL MORTGAGE, INC. which Assignment is recorded in Assignment Of Mortgage in Book No. 551, Page 563. 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. S. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/O1/2006 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. File#; !59!43 6. The following amounts are due on the mortgage: Principal Balance $66,780.58 Interest $3,685.90 10/01/2006 through 08/06/2007 (Per Diem $11.89) Attorney's Fees $1,250.00 Cumulative Late Charges $484.82 04/03/1997 to 08/06/2007 Cost of Suit and Title Search 5~ 50.00 Subtotal $72,751.30 Escrow Credit $0•~ Deficit $614.84 Subtotal 6~ 14.84 TOTAL $73,366.14 7. 8 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 attorne}~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 ifthe complexity of the action requires additional fees in excess of the amount demanded in the Action. 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. Fik #: 159143 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1953 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $73,3bb. l4, together with in#erest from 08/06/2007 at the rate of $11.89 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN H LINAN & SCHMIEG, LLP /~~ ~. By: _ /s/Fr cis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff' File #: 159143 LEGAL DESCRIPTION ALL THAT CERTAIN lat ax p1.eQA o! gxaund situate.tn tha. ~'o~tnahlp 9f East Prnnel?oro, Gaunty Q>r Cuaberlancx anQ Coan~o>aweaith of p4nuaylv4nia~, daacribad in acaardgnoa with a eti7cvey and plan theraot, dntsd ~tol~r 19, 1975.,. ~by G~rrxit 3r. Sat>K As~ociatea, int.. Engiuearf and Buxrnayoxs, Aar lollaaid, tc wit: SSGINNINC# at a palatit qri tho .SaatheY'ly ~ x'lght-ot'-way line ot. SrlOrd Rand (East) said point 5elaq 962.x7 toot East of tha BbnGti4a~t co,Ctler of i~C.thek KpE-d aAd Fix=Qs'd Road t$alJf't~; thgn~e tray said bec~tunl;ng .point anci a~anngg~~ tha. afgraaa~ d BautheYly .right-at-way line .ot Exf~lxd Koa~& (East j , by A. turvr deflectlttg rv the >`'lghx llavi~ec~~ a tadxvt~ .aF 2801 feeC., dA brc distance C~~ 51 last to a poigr, n .oornar cat ]~a~ nos 'QX, late of r,Lliot 8. $na~s, et ux; tfteYlCe tlloag the ea~ae, gnstEh .15 degrae¢ Z2 alnutae 58 B9COng0. ~te0t lEZ. B.~ fleet to e prAlttt in line +~f l~ttde _.ho~+~ ax 1~-ta Ot ~1~tx1Zl.a~l A~ Those; !th>olnce aiot~g~ tAe aaAO,. Nri~cth 6$ degraaa ~2~:.ml,nutoll i~ ' ascends wort , 29.71 reef to a paint, .a cgxr-ex v! Zaridb aow al" date. yr I.a.z=y E. jCuntxf Chance along the e+dusa North ~ d®gx¢aa 56. atS~utes 47 aecands. East '116.95 feet Lo. a point, :ttia p18Ce of BEGINNING. 4EI~3 Lot No. 47f, 8loalc J, 1y1~11 No. 8 af~ R.,l;dley Park, ireaarded in P1aR Back .~6, page 49.. HAVING therbbTl ereCt~d 4 ~wO story brick awelllnq knc~ht as Na. 7~1~ B~fnrd Road. PREMISES: ~ 712 ERFORD ROAD PARCEL: 09-16-1050-218 Fik !R: 159143 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 of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ~, J /~E.,..:- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE• [ b Exhibit "B" PHELAN HALLINAN 8c SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Ideati0cation No. b2205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION lbl7 JOHN F. KENNEDY BLVD., 5UITE 1400 PHILADELPHIA, PA 19103-1814 (2151 Sb3-7000 CiTIMORTGA ~ IPAL RESIDENTI CUMBERLAND COi1NTY.. , . 5280 CORPORA ! C f FREDERICK, MD 22703 . ,.•~,,,,,~ .~~..~.K~ ~~~ ~ , CIVIL DIVISION Plaintiff, v. JALAL M. SHAH NO. 07-4696 CIVIL TERM 13028 LUTZ COURT WOODBRIDGE, VA 22193 ~ v =~ HAMID J. SI*IAH .7yi,-i-~~ ' ' t~ i 15028 LUTZ COURT > ;'- c' r:~ f` WOODBRIDGE,VA22193 ~ ~~: t ~ -c" `' .v c,j SAQIB J. SHAH ,.. ,r'=,...,. '~` :~ :. --.< y f 15028 LUTZ COURT ~:. {~~~ ia ='? WOODBRIDGE, VA 22193 ~ c;~ c`~ ni Defendant{s). -c PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO "~ ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in ~ i favor of the Plaintiff and against JALAL M. SHAH, HAMID J. Defendants} for failur to s w Complaint wi ~ ~ ~ service' ereof and for Foreclosure an m pY•~ises, and assess Plaintiffs damages as follows: ~ " ~ `'` ~" As set forth in Complaint $73,366.14 Interest from 08/07!07 to 12/03/07 $1,414.91 TOTAL $74,7$1.05 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been„given in accard~nce with Rule 237.1, copy attached. ~-'~ ~. ~Q DANIEL G. ~4~t~~~' ' : ' Attorney for Plainti ~ •. ~. : ~ ~' :•; DAMAGES ARE HEREBY ASSESSED AS INDICATTED. DATE: _~~r % ~.sl O PROTHY aC/j 159143 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe. com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey March 27, 2008 JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 RE: CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. vs. JALAL M. SHAH, HAMID J. SHAH and SAQIB J. SHAH Premises Address: 712 ERFORD ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 07-4696 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking yow concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Tuesday, April 1, 200$. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. For Phelan Hallinan 8c Schmieg, LLP Enclosure 0 0 a W x v Q Q a a 0 .~ ~° ~~ °"' a U~ R a 'd .~ Oa C ~ 00 ~' 'n E~`or°'n zQo p, v .~ a ~ g ~ ~' ~ u C~ O C 'L~ E O ' d d uo .n 8 •3 ° ~ S y q y _~ ~ ~ 8 ~ v ~ ~3E$ ~, ~,~~ ~ `~ a .s ~ ~ ,FCu so ~s ~ ~oo~diz woaj o~iew ~ aooz tzaaw ~` 77 0 cos ~z~ooo ~ O~• ~ W.' ~ ~ o 0 VO ~ Wl zo f O w .. a~s[J[' 5 53Mpg A3Nlfd ® C - ~ u T ~ ~ 5 ~ ~y E'er y ~ M . ~+ ~W V F~ G .~ N d ~ x E .-- °^. ~ . ~ u ~ fi w v ~ ~ ~ o d 9 [~ o~a~i .~~ ~. ~ ~ e Q+ ~ ~ a a•° r ~ °~ o . W ~ ~ C y ~ C ~ 1-1 ~ O v 1 ~ O 7 a O _ ~.~ £,~,d ~ U ~~_~~ V N ¢ z M q ~ ~~a y x ~ ~ ~v~ ~~'~a ~ ti W Q ~ a ~ m w o ~ ~ a Q ~ w ~ ~ a „~ r4 r+ ~ Q '~" rWTr a° w U Q a vs „ xa N ¢x ¢ ~ a • ~ v ~' d ? ~ ~v ~ ao oy w o a Q a va E `° y ~ Q z tia ti ~a a .n ~ ~ ~ z ~ ~ ~ `u ~ x ~ x ~° N ~ °~ a a ~~ a~ E H z„ d .~ 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 unsworn falsification to authorities. DATE: i ieg, LLP By: ich le M. Bradfor , quire 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 X215) 563-7000 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County JALAL M. SHAH No. 07-4696 CIVIL TERM HAMID J. SHAH SAQIB J. SHAH 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. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 DATE: ~ ~~ JALAL M. SHAH 224 CHEROKEE DRIVE MECHANICSBURG, PA 17050 e i ,LLP By: Mic ele radford, E qui e Attorney for Plaintiff PHELAN 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 Apri12, 2008 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. vs. JALAL M. SHAH, HAMID J. SHAH and SAQIB J. SHAH CUMBERLAND County CCP, No. 07-4696 CIVIL TERM Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return atime-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. V 1 o r ch le ra f rd, quire For Phelan Hallinan & Schmieg, LLP Enclosure cc: JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH ~St ~, s { r i ~- "- .c .~. `~ ~~ ~~' ~ -{ c11