Loading...
HomeMy WebLinkAbout10-2609Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ..Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 Plaintiff V. SYEDA ALI HAFEEZ KAHN 112 OLD MILL DRIVE CAMP HILL, PA 17011-8201 Defendants FiLi:i? ' L 2010 APP 21 P 12: 00 ?"?1'J+VJ ? LVr-?l vftl ATTORNEY FOR PLAINTIFF 228657 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO- /a 0,'. -, t CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Q 9v .oa ?,4- R4?'( C1p+ 938 30 R-4- .2 t/6W File #: 228657 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File k: 228657 16 Plaintiff is NATIONSTAR MORTGAGE LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 2. The name(s) and last known address(es) of the Defendant(s) are: SYEDA ALI HAFEEZ KAHN 112 OLD MILL DRIVE CAMP HILL, PA 17011-8201 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/23/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR NFM, INC., DBA NFM CONSULTANTS, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1972, Page 2570. By Assignment of Mortgage recorded 02/23/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201007229. 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 10/01/2009 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 #: 228657 6 The following amounts are due on the mortgage: Principal Balance Interest 09/01/2009 through 04/17/2010 (Per Diem $27.02) Attorney's Fees Cumulative Late Charges 10/23/2006 to 04/17/2010 Costs of Suit and Title Search TOTAL 7 8 9 $143,334.08 $6,187.58 $650.00 $243.05 $550.00 $150,964.71 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. File #: 228657 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $150,964.71, together with interest from 04/17/2010 at the rate of $27.02 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: c awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 2 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 228657 LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel or tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a stake on the northern side of a proposed 50 foot wide road now or to be known as Old Mill Drive, which stake is located South 53 degrees West 193 feet from a point at the northern side of the said Old Mill Drive 25 feet southwest of the center line of a public road known as Township Route No. 641 (which point is the southeast corner A a lot heretofore conveyed to J.W. Gossett, Jr. and which point is located South 37 degrees East 158.35 feet from another point 25 feet southwest of the centerline of the said Township Route at corner of lands now or late of Leslie R. Allen et ux.); thence along the northern side of the said 50 foot wide road now or to be known as Old Mill Drive South 53 degrees West 82.05 feet to a stake at a point of curve, the radius of which is 540.18 feet; thence continuing along the northern side of the said road now or to be known as Old Mill Drive and along the said curve a distance with a chord length of .93 feet and a chord bearing of South 52 degrees 58 minutes West to a stake; thence along lands now or formerly of Willard F. Keiser, Jr. North 38 degrees 15 minutes West 119.10 feet to a stake; thence continuing along the same North 18 degrees 26 minutes East 24.84 feet to a stake at the corner of Eberly's Mills Cemetery; thence along the line of Eberly's Mills Cemetery North 60 degrees 59 minutes East 63.53 feet to a stake at other lands now or formerly of Willard F. Keiser, Jr. South 37 degrees East 123.95 feet to a stake, being the point and place of BEGINNING. PROPERTY ADDRESS: 112 OLD MILL DRIVE, CAMP HILL, PA 17011-8201 PARCEL # 13-24-0805-100 File #: 228657 .w. VERIFICATION The undersigned attorney hereby states that I am the attorney for the 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 I am 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 my 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. C AUdIge-Y for Plaintiff DATE: File #: 228657 !, ~~ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC vs. SYEDA ALI HAFEEZ KAHN Attorney for Plaintiff ~ ~ c~ ~:...... ~ :7l r~ v ~ _ ;: ~ w. ~ ~- ~: ; <<-~~ %.~~' ~ .-.. :'`~ _ ~ ~ '_ c~ -< CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2609-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SYEDA ALI, and HAFEEZ KAHN, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: ~'~l ~ ~~ ~o '~ ~~~ Gk~ 96~~q ~ ~/.~ ~3 . As set forth in Complaint $150,964.71 Interest - 04/18/2010 to 06/23/2010 $1,810.34 TOTAL $152,775.05 I hereby certify that (1) the Defendant's last known address is 112 OLD MILL DRIVE, CAMP HILL, PA 17011-8201, and (2) that notice has been giv i accordance with Rule 237.1, copy attached. Lawrence T. Phelan, Esquire Francis S. Hallman, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire / Vivek Srivastava, Esquire,/ Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ - ~ y' /~ PHS # 228657 PROTHONOTA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC vs. SYEDA ALI HAFEEZ KAHN Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2609-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SYEDA ALI is over 18 years of age and resides at 112 OLD MILL DRIVE, CAMP HILL, PA 17011-8201. (c) that defendant HAFEEZ KAHN is over 18 years of age and resides at 112 OLD MILL DRIVE, CAMP HILL, PA 17011-8201. This statement is made subject to the penaltie~of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. / /) U Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ J ine R. Davey, Esq., Id. No. 87077 ^ auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised NATIONSTAR MORTGAGE LLC vs. SYEDA ALI HAFEEZ KAHN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2609-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on ~ - ~~~~d By: If you have any questions concerning this matter please ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ She 1 R. Shah-Jani, Esq., Id. No. 81760 ^ Je me R. Davey, Esq., Id. No. 87077 ^ auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** NATIONSTAR MORTGAGE LLC v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 2010-2609 CIVIL TERM SYEDA ALI HAFEEZ KAHN Defendant(s) TO: HAFEEZ KAHN 112 OLD MILL DRIVE CAMP HILL, PA 17011-8201 DATE OF NOTICE: June 7, 2010 CUMBERLAND COUNT 0 .~ THIS FIlZM 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WTTH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 228657 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 07117) 249-3166 nce T. Phelan, Esq., Id. No. 32227 cis S. Hallman, Esq., Id. No. 62695 el G. Schmieg, Esq., Id. No. 62205 Mi ele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 8176Sy' Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallman &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 228657 NATIONSTAR MORTGAGE LLC v. Plaintiff SYEDA ALI HAFEEZ KAHN Defendant(s) TO: SYEDA ALI 112 OLD MILL DRNE CAMP HILL, PA 17011-8201 COURT OF COMMON PLEAS CNIL DNISON NO. 2010-2609 CNIL TERM CUMBERLAND COUNTY DATE OF NOTICE: June 7, 2010 THIS FIIZM 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 RECENED 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF' YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 228657 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: La • nce T. Phelan, Esq., d. No. 32227 Fr nc S. Hallinan, Esq., Id. No. 62695 D G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817 0 Jenine R. Davey, Esq., Id. No. 8707 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 228657 ~, Fi~~4.~r ~, ,, ~" ~,~Y ~1r '['qtr i...-'F, ..., {i 1. i ~1`~IV 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC Plaintiff vs. SYEDA ALI HAFEEZ KAHN Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2609-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 228657 HAFEEZ KAHN 112 OLD MILL DRIVE CAMP HILL, PA 17011-8201 Phelan Hallinan & Schmieg, LLP Attorney for PlaipYifl;, . , By: ^ Lawrenc T. helan, Es d. No. 32227 ^ Francis . H linan, Es ., Id. No. 62695 ^ Daniel G. Sc sq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ hrisovalante P. Fliakos, Esq., Id. No. 94620 [Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 6-30-10 PHS #: 228657 VERIFICATION ~`~ c,~r~ hereby states that he/she is ~c~~~ of, NATIONSTAR MORTGAGE, servicing agent for Plaintiff in this matter, NATIONSTAR MORTGAGE LLC, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ~p<2.3. ~ O Servicer: NATIONSTAR MORTGAGE File #: 228657 Name: ALI 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC Plaintiff vs. SYEDA ALI HAFEEZ KAHN Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2609-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: SYEDA ALI 112 OLD MILL DRIVE CAMP HILL, PA 1 701 1-8201 PHS #: 228657 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaj~pt~ _ By: ^ Lawre .Phelan, ~sq., Id. No. 32227 ^ Franc' S. allinan, sq., Id. No. 62695 ^ Daniel G. ,Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ~Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 6-30-10 PHS #: 228657 .: PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R:C:P.3180-3183 _ _ ___ NATIONSTAR MORTGAGE LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v. SYEDA ALI HAFEEZ KAHN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/24/2010 to Date of Sale ($25.11 per diem) TO~L 5 5?.5o CFSF Ga. oo GyBF ILF.oo ti ~. So '' b 140.00 - Pp pTN ~a. oo ~.1t~o ' So ll. ~- gBal~B ~~ a y coa4S~ Note: Please attach description of property. PHS # 228657 NO. 10-2609-CIVIL TERM CUMBERLAND COUNTY $152,775.05 $ 4.218.48 C~ O ~.~ d :~. .~,„, ~_, ~< <_=" .-- , Q ~,i ~~ ~ -~' W =.. ~ (f~ c;~. Phelan Hallman ~ 5chmieg, LLY ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Mich M. Bradford, Esq., Id. No. 69849 ^ Jud' T. Romano, Esq., Id. No. 58745 ^ S etal R. Shah-Jani, Esq., Id. No. 81760 enine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 4~~ _-a+ -- ;_~; ~-E l,~r~t ., d a~ a Oa a H ~ d O H ~+ O OV O ~ a ~7 O~ U W ~ ~ ~a ~~ ~ H ~1 U Z > N -.r ~ ~ ~ AWA ~~ ~~ U w ~ Oy L 3w L~ ~ W ~'v a~ v H ~ N 00 ..r N 00 ~ w ,~ .7O w ~ O w N P4~ ~~ yy - LY.~ a AQ as AQ ~aa ~ ~ aka a~~~ 3 ¢Ax n1Ax A '~ a' ~1O ~~ w '~ a' w0~ ~Q ?~ v~.-•U ~ ~U ~p ~ O~ h N hN0~0 ~ .~ ~~~eh~00 N~N~~.~. M .-.~.M. 00`00 M~~ O~~ ~ M N ~ OHO ~ z N N 0 ,.a~ZZbz,v 6 c °m ozZ czz~ bA ., C Ew ~~w~W~~~z~ y'y o ~y'w wppwbW.C~y N y;ti ~~w?~ww ~ ~ cd a°Qi w O :~ w>, w ~, y w~^, ~ u w ~ pC .c aQ" ~~Gq ~~ > ~ ~w~~~•~ ~~Q ~E-~xv~ ~~AF" ~ w a~C7 ~C7~~ ~~.~~~ ~~vx ~~o~ ~ gg ~ > ~ ... •. LEGAL DESCRIPTION ALL THAT CERTAIN lot, pazcel or tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a stake on the northern side of a proposed 50 foot wide road now or tp be known as Old Mill Drive, which stake is located South 53 degrees West 193 feet from a point at the northern side of the said Old Mill Drive 25 feet southwest of the center line of a public road known as Township Route No. 641 (which point is the southeast corner of a lot heretofore conveyed to J.W. Gossett, Jr. and which point is located South 37 degrees East 158.35 feet from another point 25 feet southwest of the centerline of the said Township Route at corner of lands now or late of Leslie R. Allen et ux.); thence along the northern side of the said 50 foot wide road now or to be known as Old Mill Drive South 53 degrees West 82.05 feet to a stake at a point of curve, the radius of which is 540.18 feet; thence continuing along the northern side of the said road now or to be known as Old Mill Drive and along the said curve a distance with a chord length of .93 feet and a chord bearing of South 52 degrees 58 minutes West to a stake; thence along lands now or formerly of Willazd F. Keiser, Jr. North 38 degrees 15 minutes West 119.10 feet to a stake; thence continuing along the same North 18 degrees 26 minutes East 24.84 feet to a stake at the corner of Eberly's Mills Cemetery; thence along the line of Eberly's Mills Cemetery North 60 degrees 59 minutes East 63.53 feet to a stake at other lands now or formerly of Willazd F. Keiser, Jr. South 37 degrees East 123.95 feet to a stake, being the point and place of BEGINNING. TOGETHER with the right to use the aforesaid 50 foot wide proposed road to be known as Old Mill Drive in common with the owners and occupiers of other land abutting thereon. TINDER and subject to any and all covenants, conditions, reservations, restrictions, limitations, right-of--ways, objections, easements, agreements, etc., as they appear of record. TITLE TO SAID PREMISES IS VESTED IN Syeda Ali and Hafeez Kahn, wife and husband, from Syeda Ali, married woman, in a Deed recorded 4/17/2008 in Book 274 Page 160. PREMISES BEING: 112 OLD MILL DRIVE, CAMP HII~L, PA 17011-8201 PARCEL NO. 13-24-0805-100 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorneys for Plaintiff Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v. SYEDA ALI HAFEEZ KAHN Defendant(s) NO. 10-2609-CIVIL TERM CUMBERLAND COUNTY • cn ~; L~ o ``''t CERTIFICATION .-~ =~'= ~ _ u-:t The undersigned attorney hereby states that he/she is the attorney for the Plaintiff m ale abGve captioned matter and that the premises are not subject to the provisions of Act 91 because: -~ ... ~.. ` ( ) the mortgage is an FHA Mortgage ~ ~,. ( ) the premises is non-owner occupied ~ ~~=° ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties authorities. .A. § 4904 relating to unsworn falsification to Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele '' .Bradford, Esq., Id. No. 69849 ^ Judith .Romano, Esq., Id. No. 58745 ^ She 1 R. Shah-Jani, Esq., Id. No. 81760 ^ J me R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 4 .NATIONSTAR MORTGAGE LLC Plaintiff v. SYEDA ALI HAFEEZ KAHN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2609-CIVIL TERM CUMBERLAND COUNTY PHS # 228657 AFFIDAVIT PURSUANT TO RULE 3129.1 NATIONSTAR MORTGAGE LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 112 OLD MILL DRIVE, CAMP HILL, PA 17011-8201. Name and address of Owner(s) or reputed Owner(s): n ~-' Name Address (if address cannot be reasonably , ~-_ ~- `~ --+ ascertained, please so indicate) T ,' ` ~ te=a _:~ ~', + - , SYEDA ALI 112 OLD MILL DRIVE CAMP HILL, PA 17011-8201 -" -~, ~ ' HAFEEZ KAHN 112 OLD MILL DRIVE -- ~ -- '~;' CAMP HILL, PA 17011-8201 =i G._ °`~? Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 112 OLD MILL DRIVE CAMP HILL, PA 17011-8201 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION Internal Revenue Service Advisory DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 tha false tat ments herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification t aut rites. ~----~ JulY3~ 2010 ( By: ,AtEorn~y for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judit .Romano, Esq., Id. No. 58745 ^ Sh tal R. Shah-Jani, Esq., Id. No. 81760 ^ nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ~ NATIONSTAR MORTGAGE LLC vs. SYEDA ALI HAFEEZ KAHN COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION NO.10-2609-CIVIL TERM : CUMBERLANI~O~iT3 =~ ~ . ,~ r.. _ Defendant(s) ~_ _ .~:~ ~ ~ - i ` l NOTICE OF SHERIFF'S SALE OF REAL PROPERTY cl ~: TO: SYEDA ALI HAFEEZ KAHN 112 OLD MILL DRIVE CAMP HILL, PA 17011-8201 _, ~~_ , _ ~ f ~~ cs . ~a . L<~ ..~. * *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 REGElVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT 10 COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPBkTY.** Your house (real estate) at 112 OLD MILL DRIVE, CAMP HILLr PA 17011-8201 is scheduled to be sold at the Sheriff s Sale on 12/08/2010 at 10:00 AM in the Cumberland Cbunty Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $152,775.05 gbtained by NATIONSTAR MORTGAGE LLC (the mortgagee} against you. In the event the sale iscontinued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3124.3. NOTICE OF OWNER'S RI(~ITS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgm~ 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 have of stopping the sale. (See notice on page two on how to obtain an attorney.) .' YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. ... 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel or tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a stake on the northern side of a proposed 50 foot wide road now or to be known as Old Mill Drive, which stake is located South 53 degrees West 193 feet from a point at the northern side of the said Old Mill Drive 25 feet southwest of the center line of a public road known as Township Route No. 641 (which point is the southeast corner of a lot heretofore conveyed to J.W. Gossett, Jr. and which point is located South 37 degrees East 158.35 feet from another point 25 feet southwest of the centerline of the said Township Route at comer of lands now or late of Leslie R. Allen et ux.); thence along the northern side of the said 50 foot wide road now or to be known as Old Mill Drive South 53 degrees West 82.05 feet to a stake at a point of curve, the radius of which is 540.18 feet; thence continuing along the northern side of the said road now or to be known as Old Mill Drive and along the said curve a distance with a chord length of .93 feet and a chord bearing of South 52 degrees 58 minutes West to a stake; thence along lands now or formerly of Willard F. Keiser, Jr. North 38 degrees 15 minutes West 119.10 feet to a stake; thence continuing along the same North 18 degrees 26 minutes East 24.84 feet to a stake at the corner of Eberly's Mills Cemetery; thence along the line of Eberly's Mills Cemetery North 60 degrees 59 minutes East 63.53 feet to a stake at other lands now or fornerly of Willard F. Keiser, Jr. South 37 degrees East 123.95 feet to a stake, being the point and place of BEGINNING. TOGETHER with the right to use the aforesaid 50 foot wide proposed road to be known as Old Mill Drive in common with the owners and occupiers of other land abutting thereon. CINDER and subject to any and all covenants, conditions, reservations, restrictions, limitations, right-of--ways, objections, easements, agreements, etc., as they appear of record. TITLE TO SAID PREMISES IS VESTED IN Syeda Ali and Hafeez Kahn, wife and husband, from Syeda Ali, married woman, in a Deed recorded 4/17/2008 in Book 274 Page 160. PREMISES BEING: 112 OLD MILL DRIVE, CAMP HII,L, PA 17011-8201 PARCEL N0.13-240805-100 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2609 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONASTAR MORTGAGE, LLC, Plaintiff (s) From SYEDA ALI & HAFEEZ KAHN (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 properly 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 $152,775.05 L.L.$.50 Interest from 6/24/10 to Date of Sale ($25.11 per diem) -- $4,218.48 Atty's Comm Atty Paid $190.00 Plaintiff Paid Date: 8/3/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs ~~ id D. Buell, Prothonotary By: Deputy Name: LAUREN R, TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?r D-0 ?1CE Sheriff try a 1 r „ t 1 J t,'1 01 -f A 33 Jody S Smith 2N O F£P 28 A"N, 8' 37 Chief Deputy Richard W Stewart pi A, r C0', # ?; Solicitor a FCE'JFTY? S?C.RIFF r? t Nationstar Mortgage LLC vs. Case Number Syeda Ali (et al.) 2010-2609 SHERIFF'S RETURN OF SERVICE 08/26/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 8/26/10 SHERIFF COST: $94.78 SO ANSWERS, September 27, 2010 RON R ANDERSON, SHERIFF .&V pd, eo . 6-0 CL- ?Od ?. GOurry&mr Shenfl. 7r..ec:S `t. !,,c.