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HomeMy WebLinkAbout10-2610r1 ?, ALEC, ()i= 2010 APR 21 PM 12. GO Cum "'UlqTY 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 236832 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. M?GED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA 234 FOX DRIVE MECHANICSBURG, PA 17050-2515 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 16 CUMBERLAND COUNTY qqzoo erg' 43egty -R-t ayas7Y File #: 236832 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 #: 236832 I. Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA 234 FOX DRIVE MECHANICSBURG, PA 17050-2515 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/22/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1967, Page 1464. By Assignment of Mortgage recorded 02/04/2008 the mortgage was assigned to WELLS FARGO BANK, N.A., SBM TO WELLS FARGO HOME MORTGAGE, INC which Assignment is recorded in Assignment of Mortgage Instrument No. 200803386. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01 /01 /2010 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 #: 236832 6. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2009 through 04/19/2010 (Per Diem $48.58) Attorney's Fees Cumulative Late Charges 09/22/2006 to 04/19/2010 Property Inspections/Property Preservations Costs of Suit and Title Search Subtotal Escrow Credit TOTAL 7 8 9 $232,546.21 $6,801.20 $650.00 $507.00 $30.00 $550-00 $241,084.41 (,$242.60) $240,841.81 Plaintiff is not seeking a judgment of personal liability (or an in nersr onam 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 236832 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $240,841.81, together with interest from 04/19/2010 at the rate of $48.58 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 (6-4-4 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 ? ay 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 Attorneys for Plaintiff File #: 236832 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land known and designated as Lot No. 41, Block B, Section 7 of Indian Creek, situate in Hampden Township, Cumberland County, Pennsylvania, as prepared by D. P. Raffensperger, R.S., dated April 4, 1973 and filed in the Recorder of Deeds Office of Cumberland County, in Plan Book 23, Page 170, more particularly bounded and described as follows, to wit: BEGINNING at a point on the East side of Fox Drive, said point being a distance of 1441.31 feet North of the intersection of the North side of Indian Creek Drive and the East side of Fox Drive; thence by the East side of Fox Drive, North 28 degrees 30 minutes West, a distance of 85 feet to a point on the line of Lot No. 1; thence by same and Lot No. 2, North 61 degrees 30 minutes East, a distance of 150 feet to a point line of Lot N. 4; thence by same and by Lot No. 5, South 28 degrees 30 minutes East, a distance of 85 feet to a point on the line of Lot No. 40; thence by same, South 61 degrees 30 minutes West, a distance of 150.00 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a 2-story house known and numbered as 234 Fox Drive, Mechanicsburg, PA 17050. TAX PARCEL No. 10-20-1844-058. File #: 236832 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. (J?? `^ "X (1 `I Attorney for Plainti DATE: File #: 236832 e f^~ ??-I~~1? ~V~'fl~~'?X 7010 ~A Y 13 aP~ 8~ 21 CUfi~f~~:~:~: ~ : ~~~~11~t7y P~^3; v~^ ;'LY;~.; ~lA 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff vs. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2610-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 236832 TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phel n Hallinan &Schmieg, LLP Atto y r~Pla~ ti By: ^ La en e T. Ph la , ., Id. No. 32227 ^ rancis S. Hallinan, Esq., Id. No. 62695 ^ aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-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: 5-10-10 Pllc rt; ~zb$32 z. VERIFICATION Xee Moua hereby states that he/she is Vice President of LoanfDocumentation o, WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0, 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. Name: Xee Moua DATE: 4_~n-~ n Title: Vice President of Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC. File #: 236832 Name: ABDELMALIK 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 .I. Mulcahy, Esq., Id. No. 61791 Andcs~~,~ L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chr-~~~._~~ante P. Fliakos, Esq., Id. No. 94620 Josl7~~~~ I Goldman, Esq., Id. No. 205047 C'orsrt~.;c~~ti [l. Dunn, Esq., Id. No. 206779 Andre~~ C. Bramblett, Esq., Id. No. 208375 161 ~' , !'K Boulevard, Suite 1400 Onr !'.~a~r~ Center Plaza Philaf'aphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff vs. MAGED A. ABDELMALIK A/K/A M.A(.ha ABDELMALIK HANAN M. AWADALLA Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2610-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: MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK 5001 PELLINGHAM CIRCLE ENOLA, PA 17025-1292 `'t g~ ~ ?3~R~2 HANAN M. AWADALLA 5001 PELLINGHAM CIRCLE ENOLA, PA 17025-1292 Phel Hallinan & Schmieg, LLP Atto f r P~1 ' of By: ^ L wrence T. Phelan, Es ., Id. No. 32 rands S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-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., ld. 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: 5-10-10 PHS #: 236832 FlLEL~- ~~~~, ,~`- 7~IQ,~1~~ -9 ~Ii 1+~ 02 CLr,~ ~ ~ ~~ ~~'~~~.Y 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 vs. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2610-CIVIL TERM ~i~r.~ ~~L ~C,l Y e~ Qs~o7/ ~~~r~~~~ 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 MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK, and HANAN M. AWADALLA, 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 Plaintiffls damages as follows: As set forth in Complaint $240,841.81 Interest - 04/20/2010 to 06/07/2010 $2,380.42 TOTAL $243,222.23 I hereby certify that (1) the Defendant's last known addresses are 5001 PELLINGHAM CIRCLE, ENOLA, PA 17025-1292, and the mortgaged premises 234 FOX DRIVE, MECHANICSBURG, PA 17050-2515 and (2) that notice has been given in accordance with Rule 237.1, copy attached. awrence T. Phelan, Esquire Francis S. Hallinan, 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, Esqui~ Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 236832 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 vs. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2610-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 MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK is over 18 years of age and his last known addresses are 5001 PELLINGHAM CIRCLE, ENOLA, PA 17025-1292, and the mortgaged premises 234 FOX DRIVE, MECHANICSBURG, PA 17050-2515. (c) that defendant HANAN M. AWADALLA is over 18 years of age and her last known addresses are 5001 PELLINGHAM CIRCLE, ENOLA, PA 17025-1292, and the mortgaged premises 234 FOX DRIVE, MECHANICSBURG, PA 17050-2515. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. wrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ~oshua 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 vs. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2610-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 contact: ^ 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 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 INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE INBANKRUPTCY, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-2610-CIVIL TERM MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendant(s) TO: HANAN M. AWADALLA 234 FOX DRIVE MECHANICSBURG, PA 1 7050-25 1 5 DATE OF NOTICE: May 18, 2010 CUMBERLAND COUNTY 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FII.E IN WRTI'ING 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 HIl2ING A LAWYER. PHS # 236832 IF YOU CANNQT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PRQVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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: Lawrence T. Phelan, E ., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ~tCeetal 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 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 236832 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 v. Plaintiff COURT OF COMMON PLEAS CIVIL DTVISON NO. 10-2610-CIVIL TERM MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendant(s) TO: HANAN M. AWADALLA 5001 PELLINGHAM CIRCLE ENOLA, PA 17025-1292 DATE OF NOTICE: May 18, 2010 CUMBERLAND COUNTY 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 NQT BE CQNSTRUED 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. PHS # 236832 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS QFFICE MAY $E ABLE TO PROVIDE YOU WITH INFORMATIQN ABOUT AGENCIES THAT MAY pFFER LEGAL SERVICES Tp ELIGIBLE PERSONS AT A REDiJCED FEE OR NO FEE. 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 a .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 $. 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. Gpldman, 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 # 236832 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff v MAGED A. ABDELMALIK AlKiA MAGED ABDELMALIK HANAN M. AWADALLA Defendant(s) COURT OF COMMON PLEAS CNIL DNISON NO. 10-2610-CNIL TERM CUMBERLAND COUNTY TO: MAGED A. ABDELMALIK, A/KJA MAGED ABDELMALIK 5001 PELLINGHAM CIRCLE ENOLA, PA 17025-1292 DATE OF NOTICE: May 18, 2010 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 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. PHS # 236832 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 pR NO FEE. 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 1 ~ ^' By: Lawrence T. Phelan, ., 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 ~Sl~~etal R. Shah-Jani, Esq., Id. No. 81760 ~Q~enine R. Davey, Esq., Id. No. 87077 v 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 $Z Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 236832 US $ANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff w. MAGED A. A$DELMALIK A/I~/A MAG~D ABDELMALIK HANAN M. AWADALLA Defendant(s) COURT QF COMMON PLEAS CN1L DNISON NQ. 10-2610-CIVIL TERM CUMBERLAND COUNTY TO: MAGED A. ABDELMALIK, A/K/A MAGED ABDELMALIK 234 FOX DRNE MECHANICSBURG, PA 17050-2515 DATE OF NOTICE: May 18, 2010 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 PURFOSE.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 FAII,ED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WTI'H THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YQU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY $E ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER M'OR'I'ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN FROVIDE YOU WI'T'H INFORMATION ABOUT HIRING A LAWYER. PHS # 236832 IF YOU CANNOT AFFORD TO HIR$ A LAWYER, THIS OFFICE MAY BE ABLE TO FROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I 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: Lawrence T. Phelan, ., 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 eetal 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 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 236832 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO. 10-2610-CIVIL TERM MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA CUMBERLAND COUNTY Defendant(s) To the Prothonotary: n ~_ . c_- , :~ ~~ i~ Issue writ of execution in the above matter: z~ i~-r t-;-,.,. Amount Due ~~'~ ~., c $243,222.23 ~-' ~~,.' . -~ - ice: Interest from 06/08/2010 to Date of Sale 7 356.32 _-'-_' ~ - c ($39.98 per diem) =' c__ w ~~ ~ L^, r~ =-c TOTAL ~ ~-~, ao ~~.~~ ~ >~ g l y3 ~ ti~ ~-y 53 ~ to ~ 7'3-, o ~ ~os~ls Q tC ~ ~y. 66 ,, ~'/ob, 60 a i, c 1 ~a p d ~7 s-~. 3 ~ . sa ap d ~r g'.d'1-Od ~1;~t- ~o $250,578.55 ~il~~~o Atto ey for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ 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 Note: Please attach description of property. PHS # 236832 W O~ da W~ az az 0 C.1r ~~ O~ O~ ~~ O~ UW w~ H~ ~7 U 0 O 0 N H a O w w H a F d 0 Y..1 U O z O H z za ~ > x a a w A as d A W x ~a d w~ d d b a~i d~ ~ W ~ Q ~~ O U W L w~ O~ s. 3w O~ w ~° U a =o N !~. 3 ~] w v a w x U ¢ U °` ~'' N_ N w N a ~ O Q~~a ~aW¢ w w a. ,..~ ~A--~O ~¢°w w U ~~-1U°` N Q Q vi 3~° ~~a ¢a~ z~o °w Vv, 'w 0 N ~ N~N~~~~hc~1 ~~ O~~ON MNN ~~t~MN ~0~0OzoON ~O ~D p~ O M _ D\ N O O O Oz~ zo~oO~N,~~ O p~ G Oz az.zzbz-d o c o~ ozz o:.zz-ci -atibv .,~'-~ZZZooz'~dTyw'd.b d± y' vv," vv" W a, W ""'^ `'^ .. z ` ~ ~ y' p N- a' W ~WWW-dW,a'a'~~ Q'WW c~aWW •~ a ca~t~ ~~ ~ ~~ ~ ~~n'~" odd Qaaa^^^^^^^^^^^^^a^ Phelan Hallman &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff v. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2610-CIVIL TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above 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 of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By; ~~ Attorney f6r Plaintiff Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 6269-j r,~, Daniel G. Schmieg, Esq., Id. No. 6220 ~, o ^ Michele M. Bradford, Esq., Id. No. ~9 ~~8 ~ ~ ,, ^ Judith T. Romano, Esq., Id. No. 58Z.~_~=' r~- ^ Sheetal R. Shah-Jani, Esq., Id. No. 'i'b0 ~. ^ Jenine R. Davey, Esq., Id. No. 870' ~ , ~ ^ Lauren R. Tabas, Esq., Id. No. 933,~~ ~~- -~ , ^ Vivek Srivastava, Esq., Id. No. 20~I ^ 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 '`~i --+ rs~ 3 ~~^~ 4~" ';_ 5 .J„ °~r~`; •-c r US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff v. COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2610-CIVIL TERM MAGED A. ABDELMALIK CUMBERLAND COUNTY A/K/A MAGED ABDELMALIK HANAN M. AWADALLA PHS # 236832 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0, 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 234 FOX DRIVE, MECHANICSBURG, PA 17050.2515. Name and address of Owner(s) or reputed Owner(s): Name MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ~ `~ ascertained, please so indicate) ,.,~ ~ -~ r; ~ ri5 ~ 5001 PELLINGHAM CIRCLE _ ~ ` ;r ' ENOLA, PA 17025-1292 ~ ' a-~ ~ ~ 5001 PELLINGHAM CIRCLE ~ ~ -r -' ENOLA, PA 17025-1292 °' c..~ .-a •• ~' ~. c~ Address (if address cannot be reasonably ascertained, please so indicate) 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 tl~e sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Y 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 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 234 FOX DRIVE MECHANICSBURG, PA 17050-2515 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal laiowledge or information and belief. I understand that false statements herein are made subject to the penalties of l 8 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. July 8, 2010 sy: ~C 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 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 e* US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS CMLTI 2007-0 CIVIL DIVISION Plaintiff NO. 10-2610-CIVIL TERM vs. , CUMBERLAND COUNTY MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK . HANAN M. AWADALLA Defendant(s) c ~ _T J NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~ S" ~- -=~ i- ~ii~ TO: MAGED A. ABDELMALIK ~ ~ `~ -- A/K/A MAGED ABDELMALIK ~ ~, -. HANAN M. AWADALLA ~y ~-- =~ `~=c= ~ t_ c. [_._.~9 5001 PELLINGHAM CIRCLE ~ _~, ENOLA, PA 17025-1292 ~ ~; **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, 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 234 FOX DRIVE, MECHANICSBURG, PA 17050-2515 is scheduled to be sold at the Sheriff s Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Strect, Carlisle, PA 17013 to enforce the court judgment of $243,222.23 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 (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 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 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 leave of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 1 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. "I'lie 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. ~. 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 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-2610-CIVIL TERM US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 vs. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA owner(s) of property situate in HAMPDEN TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 234 FOX DRIVE. MECHANICSBURG, PA 17050-2515 (Acreage or street address) Parcel No. 10-20-1844-058 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $243,222.23 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 ~ . LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land known and designated as Lot No. 41, Block B, Section 7 of Indian Creek, Situate in Hampden Township, Cumberland County, Pennsylvania, as prepared by D. P. Raffensperger, R. S., dated April 4, 1973 and filed in the Recorder of Deeds Office of Cumberland County in Plan Book 23, Page 170, more particularly bounded and described as follows, to-wit:- BEGINNING at a point on the East side of Fox Drive, said point being a distance of 1441.31 feet North of the intersection of the North side of Indian Creek Drive and the East side of Fox Drive; thence by the East side of Fox Drive, North 28 degrees 30 minutes West, a distance of 85 feet to a point on the line. of Lot No. 1; thence by same and Lot No. 2, North 61 degrees 30 minutes East, a distance of 150 feet to a point on the line of Lot No. 4; thence by same and Lot No. 5, South 28 degrees 30 minutes East, a distance of 85 feet to a point on the line of Lot No. 40; thence by same South 61 degrees 30 minutes West, a distance of 150.00 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a 2-story house known an numbered as 234 Fox Drive, Mechanicsburg, PA 17050. TITLE TO SAID PREMISES IS VESTED IN Maged A. Abdelmalik and Hanan M. Awadalla, h/w, by Deed from Land Holding, LLC., successor by merger to Land Holding, Inc., dated 12/16/2003, recorded 12/23/2003 in Book 260, Page 4824. PREMISES BEING: 234 FOX DRIVE, MECHANICSBURG, PA 17050-2515 PARCEL NO. 10-20-1844-058 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-2610 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff (s) From MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK AND HANAN M. AWADALLA (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$243,222.23 L.L.$.50 Interest INTEREST FROM 06/08/2010 TO DATE OF SALE ($39.98 PER DIEM) - $7,356.32 Atty's Comm Atty Paid $232.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: JULY 16, 2010 (Seal) REQUESTING PARTY: Da ' 11, Pratho tary By: Deputy Name JAIME MCGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 w 1 I~~V-~~~~~~ Or "+NE ~'c~OTHONDTAi~Y 2Ui0OCT i5 ~Mii~ ~5 CUMBER!-AND Ct,?3~pTY P~t~t~SYLVAN4~, Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff Court of Common Pleas Civil Division v. CUMBERLAND County MAGED A. ABDELMALIK No.: 10-2610-CIVIL TERM A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 236832 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on April 21, 2010, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A~, 2. Judgment was entered on June 9, 2010 in the amount of $243,222.23. 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 Sheriff s Sale on December 8, 2010. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 8, 2010 Per Diem $48.58 Late Charges Legal fees Cost of Suit and Title Sheriff s Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits $232,546.21 $18,120.29 $507.00 $1,675.00 $1,315.00 $0.00 $90.00 $95.00 $0.00 $0.00 ($0.00) 236832 Escrow Deficit TOTAL $256,499.21 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 7, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. $2,150.71 236832 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: -©~ (~ ~~Q By: ^ 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 I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 236832 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff Court of Common Pleas Civil Division v. CUMBERLAND County MAGED A. ABDELMALIK No.: 10-2610-CIVIL TERM A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 236832 I. BACKGROUND OF CASE MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK and HANAN M. AWADALLA 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 234 FOX DRIVE, MECHANICSBURG, PA 17050-2515. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 236832 Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 236832 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest 236832 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 Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often 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 236832 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. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 236832 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 236832 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: ~©~(,~l'o By: ~~ ^ 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 ^ 3enine 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 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 236832 E~~ t «~ _- 236832 FlL.EL~~-~=tC~ tj~ ZHC ~1~.7ir'~l~'~iA~ ZOtO APR 2 i ~~f i2~ Ufl Phelan Hallman & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 52695 Daniel G. Schmieg, Esq, Id. No. b2205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. Na. 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. Na. 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. Brambiett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 236832 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 3476 STATEVIEW BOULEVARD FORT MILL, SC 297 t 5 Plaintiff CUUNNR~~ ;ih!~~2tu ~;pliNTl' PENfiJS~VAfvr,~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM v. MAGED A. ABDELMALIK ~' [ A/K/A MAGED ABDELMALIK CUMBERLAND COUNTY HANAN M. AWADALLA 234 FOX DRIVE MECHANiCSBURG, PA 17050-2515 . Defendants CB~~~ ~ a~ fTYrr, ac~rrnx _ i.A~ Qby eve t h ~~~ 04~ o~ the ~, ~,~ ~, ~~~~~~d ~~ ~ 'Ci'QRNEyR~,C41P ~ 0~-9 . 'p~.EASER~~ ` ~~ ~~~e s: z36832 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) 9913-9108 File H: 236832 1. Plaintiffis US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI Z00~0 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendants) are: MAGED A. ABDELMA.LIK A/KlA MAGED ABDELMALIK HANAN M. AWADALLA 234 FOX DRIVE MECHANICSBURG, PA 17050-2515 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/22/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1967, Page 1464. By Assignment of Mortgage recorded 02/04/2008 the mortgage was assigned to WELLS FARGO BANK, N.A., SBM TO WELLS FARGO HOME MORTGAGE, INC which Assignment is recorded in Assignment of Mortgage Instrument No. 200803386. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignments}, 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 01/01/2010 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 ail interest due thereon are collectible forthwith. File #: 236832 6. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2009 through 04/19/2010 (Per Diem $48.s8) Attorney's Fees Cumulative Late Charges 09/22/2006 to 04/19/2010 Property Inspections/Property Preservations Costs of Suit and Title Search Subtotal Escrow Credit TOTAL 7. 8. 9 $232,s46.21 $6,801.20 $660.00 $so7.oo $30.00 .~5l1(L $241,084.41 ~~ $240,841.81 Plaintiff is not seeking a judgment of personal liability (or an in }~ersQnam 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 Defendants} 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File q: 236832 WHEREFORE, Plaintiffdemands an in mm judgment against the Defendant(s) in the sum of $240,841.8 i, together with interest from 04/19/2010 at the rate of $48.58 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. By: 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 ,Tay 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 Attorneys for Plaintiff File ll: 236832 LEGAL DESCRYPTYON ALL THAT CERTAIN piece or parcel of land known and designated as Lot No. 41, Block B, Section 7 of Indian Creek, situate in Hampden Township, Cumberland County, Pennsylvania, as prepared by D. P. R,affensperger, R.S., dated April 4, 1973 and filed in the Recorder of Deeds Office of Cumberland County, in Plan Book 23, Page 170, more particularly bounded and described as follows, to wit: BEGINNING at a point on the East side of Fox Drive, said point being a distance of 1441.31 feet North of the intersection of the North side of Indian Creek Drive and the East side of Fvx Drive; thence by the East side of Fox Drive, North 28 degrees 30 minutes West,. a distance of 85 feet to a point on the line of Lot No. 1; thence by same and Lot No. 2, North 61 degrees 30 minutes East, a distance of 1 SO feet to a point line of Lot N. 4; thence by same and by Lot No. 5, South 28 degrees 30 minutes East, a distance of 8S feet to a point on the line of Lot No. 40; thence by same, South 61 degrees 30 minutes West, a distance of 150.00 feet to a paint, the place of BEGINNING. HAVING THEREON ERECTED a 2-story house known and numbered as 234 Fox Drive, Mechanicsburg, PA 17050. TAX PARCEL No.10-20-1844-OS8. File #: 236832 VERIFICATION Xee Moua ,hereby states that he/she is Vice President of Lo~Documentation WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0, 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 unswom falsification to authorities. /~~.. N~Xee Moua DATE: a - ~ n - i n Title: Vice President of Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC. File #: 236832 Name: ABDELMALIK Exh` " j 236832 ~ ~FlI.Ep"t.~!"i"~vE _~~ ~Ji : f iC ~~`~i:J ~ ~'~'~~~~ ~rv'S 2010 JJI~ -9 A~! l l ~ 0~ CUM~~J::,.iL, ~.~JUNiY PEPJ+v~~ ~~.1r'~`llA Phelan Hallman & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Bsq., 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., Td. 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 vs. MAGED A. ABDELMALIK A/K1A MAGED ABDELMALIK HANAN M. AWADALLA ~i`?U~i~~F~'r' Fi~l~ CC~r~Y P~.EASE ~;~~''v`RN ATTORNEY FILE GUPY ~~.Ira~E R~ru~N Attorney for Plaintiff AT'i 0~ i~'t.~r ~~~ .£. O~i:~~'r I~LE~,SE R;F i mid ~~rroR~~~~o~~ PlEASE RET~N CUMBERLAND COUNTY ,~ ; I ~ ~ i`~ ~Y Ei ~_~ ~; f.~~Y COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2610-CIVIL TERM ATTORNEY FILE C~O~Y PLEASE RE(`URi~ PRAECIPE FOR IN REM .NDGMENT FOR FAILURE TO 'ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the PIaintiff and against MAGED A. ABDELMALIK A/K/A MAGED ABDELMALII~. and HANAN M. AWADALLA, 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 Plaintiffs damages as follows: As set forth in Complaint $240,$41.81 Interest - 04!20/2010 to 06/07/2010 2$ 380.42 TOTAL 5243,222.23 I hereby certify that {1) the Defendant's last known addresses are 5041 PELLINGHAM CIRCLE, ENOLA, PA 17425-1292, and the mortgaged premises 234 FOX DRIVE, MECHANICSBURG, PA 17054-2515 and {2) that notice has been given in accordance with Rule 237.1, copy attached. awrence .Phelan, Esquire Francis S. Hallman, Esquire Daniel G. Schmieg, Esquire .4 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, Esqui~- Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. . DATE: ,~ Ira PHS p 23b832 ~J"'`t PROTI`IONOTARY Ex~ h~ bit ~~ 236832 r'C.V'm 0 0 r'~' ~ ~O C.~ ~~ O N y N O,_ ~ « Q 7 ~ ~ ~ N o ~ ~ ~ t ,~ o y .5 ~.° s o 4 s 4 ~oo~ diz wOa~ a3u~aw ~ V 6~ ~~~ W 0402 LOl~U 9SZtLZb000 ~ c ~~oo ~± //~~ OZ~J~ZV ~ WL Z 0 :: w ~ y ~ c ~'3 5:3M09 A3NA1d ®~ ~ ~' ~ ~ C ^lC ~ ¢ N - ~~ ~ 4 1: ~'d~`~ `~bIa ~ d ~ `° ~ ~ bd 5 /yy, ,~ G '~ ~ ~'jj - ~W o D w y ~ o=~o" 'c) m ZOl6~ ~~~~~ W U o£~~~ ~a~ =a JJ 7 N O T 0 a" y ~ y r+ ppG ~+ .. ~ oA p^ ~ ~ O N d '°°cw w C ~+ . x~ w V Q G ~ ~ ~ ~ ' ~r'q/ ~ v .~ K F a p ~~~~~, W W ~ ~~^°~°` ~ ~~ p,, O ° S $ w ^, ~ a ~~N ~ o ~' O M ~ N ~ ~ .d a a A v ~ p ~ d 3 3 o w d d ~ °~ ~" ~ ~ ~ a _ o ~ d Ca ~~ ~o ~ ~ Z ~ a b d ~ € a w a° ~ a ~ x . N b W o ~ ~ ~ o x~ ~ ae ~ ~ ~ ~ ~ ~ z ~o ~ W"~'wa U ao r' d Q a ~ dpd, dZ Q z ~ xU•~ o A Ad Y~ ¢v~ ~~O W a~ - ~W~~ . Ov'~-~ Z x a . a M ~ ~ c N 00 Z ~ M o ~ U N N ~ ~ ~¢ x ~ ~ z .N x ~, ~ Y ~ _ "~ ~ ~ -~ N cn d ~ t" . zQO a N M 00 ~.O M N 0 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey OctoL~:cr 7, 2010 MA G LD A. ABDELMALIK A/K/r~ MAGED ABDELMALIK HA~TAN M. AWADALLA 5001 I'ELLINGHAM CIRCLE ENOLA, PA 17025-1292 RE: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 v. MAGED A. ABDELMALIK, A/K/A MAGED ABDELMALIK and HANAN M. AWADALLA .Premises Address: 234 FOX DRIVE MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 10-2610-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 12, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. er trul y ce he ai , Esqu Fra cis S. Hallinan, Esquire niel G. Schmieg, Esquire icllclc M. Bradford, Esquire Judiflz T. Romano, Esquire 236832 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. Duml, Esquire Andrew C. Bramblett, Esquire Enclosure 236832 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: ~©~(~-l {GO 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. 9333? ^ 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 236832 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff v. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2610-CIVIL TERM CERTIFICATION OF SERVICE 236832 I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. MAGED A. ABDELMALIK MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA HANAN M. AWADALLA 5001 PELLINGHAM CIRCLE 234 FOX DRIVE ENOLA, PA 17025-1292 MECHANICSBURG, PA 17050-2515 Phelan Hallinan & Schmieg, LLP DATE: ~ D~l~ ~'~ By: 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 I. Goldman, Esq., Id. No. 205047 ~Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 236832 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 14, 2010 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 v. MAGED A. ABDELMALIK, A/KJA MAGED ABDELMALIK and HANAN M. AWADALLA CUMBERLAND County CCP, No. 10 2610-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. Very truly yours, L nce T. Phelan, Esquire Francis S. Hallinan, 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 236832 Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire / Courtenay R. Dunn, Esquire' Andrew C. Bramblett, Esquire Enclosure cc: MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA 236832 US BANK NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR CMLTI 2007-0 :CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. Ofi TAE ~ROTHONpTA ZQlO DCT 20 AM ~~ 2 MAGED A.''I BDELMALIK, CUM6ERLA~p COUNT A/K/A MAG', D ABDELMALIK PENNSYLVANIA HANAN M. ~ WADALLA ~ DEFENDANTS NO. 10-2610 CIVIL ~, '~ ORDER OF COURT AM~ NOW, this 19th day of October, 2010, upon consideration of the Plaintiff's Motion to ReassessDamages, IT h~$ HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before November 8, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Abstdlute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. 1~he Prothonotary is directed to forward said Answer to this Court. By the Court, Courtenay ~. Dunn, Esquire Att//orney fo~i~ Plaintiff /Maged A. I bdelmalik a/k/a Mage Abdelmalik Hanan M. ~Iwadalla Defendant~~ bas i o t' ma.~ <v~aa w ~~ M. L. Ebert, Jr., J. ? q Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id: No. 84439 •i 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 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR CMLTI 2007-0 Plaintiff Civil Division V. CUMBERLAND County MAGED A. ABDELMALIK No.: 10-2610-CIVIL TERM A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendants CERTIFICATION OF SERVICE 236832 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 8, 2010 was sent to the following individual on the date indicated below. MAGED A. ABDELMALIK MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA HANAN M. AWADALLA 5001 PELLINGHAM CIRCLE 234 FOX DRIVE ENOLA, PA 17025-1292 MECHANICSBURG, PA 17050-2515 Plan Hallinan & Schmieg, LLP rDATE: By:? 1&'?r ? 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 0 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 L Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett. Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 236832 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR CMLTI 2007-0 Plaintiff, COURT OF COMMON PLEAS V MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendant(s) CIVIL DIVISION No.: 10-2610-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNT' ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, se rth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (For 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is a ache hereto Exhibit ". _i ? L en'ce T. Phelan, Es , Id. No. 32227 ? Fr n is S. Hallinan, Es' ., Id. No. 62695 ? D ni 1 G. Schmieg, Esq., Id. No. 62205 ? Mi ele M. Bradford, Esq.; Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jan], 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 Bc 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. Flial(os, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Lourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblei:t; Esq., Id. No. 208375 Attorney for Plaintiff Date: IMPORTANT N TICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a ren'resentative of the Dlaintiff at the Sheriffs Sale. The sale mast be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 236832 i Z C f C n? O bA IZ ~ ? N J ? ccl C r" b u a? c E O Io- ti -p Cn 90 L6 6 3000d1Z WOW 0311VW y c aO pLOZ S; -Inf 9SZLLZb000 P Z0 W6 ? : o ? = He w ?1 rr fry1? ooY z ' s3+vtoa n3nwa Z ° `? E .? ? x 'Ir E z? Si bq -_ N U ? K C T . V 1 Q: C?' SI C ? V G O - . ? p.N V .Q "q o'sv o J ^ F W a M O r_ Q 4 ? V w ? V1 7 ? ? 7 t w.? Y Y R y L O •i.i \ G N ? 'tt ..O tf1 . ?C ? ? .rw ? < ? O ca s.: ? rw Q ? a ? ? L '1 ? f..r ? 'v„ L v N s. ? _ c o ltl L E"1 ? N C 0p Q d U d d d >? U? wU C? ?" ov?p , y h > a V ?V] > °riiC'" p ? c tG "G e.V C?.CO? a+? yJ O ? ? C•?-a. a? O Z ` r.+ y,+. O ,;,,, O .a C y ?? CC h ? ? ? d wU i.c? o = 4: ?m•i Ss. ? ? ,o Ad s.?•L ? z? C 'o M o ° ? w w a? O 'A ?N a Z f CaU ?U i a Ua x . M ?7v wMntZ a'?c:.N? -N ,. .n i~ " c z •x x x x -x x x k • x .. a '?10 ?\ f;y ?g O v N [a. J a CIL ? d o w ? a u u ? Qa2 va IT, U ?o c a A?? Wpm owa CIO U o"t wt? 1 _ Uc? No vaZ?? za?z? dL??'ZW ~Z2W U w w O O Z a w z w 3 ?' xw a W Z W?Oa??¢dG QOwX ?cn"Zo ??Cw7.Za?CG y' yr cII d. U. M +?Q N d Z ?. U \Q U O Q Q - O a Z 'U m u U rr c, ?r Z a. ° a a U° ci Z .D ° .- N F F O u o ? ? y u f ? [IJ U G ? h O N t8 a.2 ? U C O O F , N b 0 m 2'? C °W F_v F ? ? c ..m E ti ° bF?o? N :? X69 C O .'n v boo°? 12 m c w N - O C ? F _ O O U ? 'O ? ?`d E c '? C U O ro O 41 F M w = ° E o ° ? r - 'z ro F 0.O- 7L f? d w F" I?1 z a W U_ d W Q m d IQ ?U d d x 'Q m d Q CL N ?. c O O U C zV 0 Z K ?' -% .K -K K K k -k •K -X •% -K -X -k -X -k ? -X % g -% 'K 'K X -X -k k •k -K -k (~j - -k -k % -K X $ -k -K -k k cC ? -d Q a> ? C ' V) a? Irl vu p 7 l _ i ?\ 1 t?y US BANK NATIONAL ASSOCIATION, AS TRUSTEE COURT OF COMMON PLEAS FOR CMLTI 2007-0 Plaintiff CIVIL DIVISION V. NO. 10-2610-CIVIL TERM MAGED A. ABDELMALIK CUMBERLAND COUNTY A/K/A MAGED ABDELMALIK HANAN M. AWADALLA PHS # 236832 Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0, 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 234 FOX DRIVE, MECHANICSBURG, PA 17050-2515. Name and address of Owner(s) or reputed Owner(s): Name 2. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 5001 PELLINGHAM CIRCLE ENOLA, PA 17025-1292 5001 PELLINGHAM CIRCLE ENOLA, PA 17025-1292 Address (if address cannot be reasonably ascertained, please so indicate) 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) CHASE BANK USA, N.A. CHASE BANK USA, N.A. C/O JAMES C. WARMBRODT, ESQUIRE WELTMAN, WEINBERG & REIS, CO, LPA JOHN ROSIER & MARGARET ROSIER PNC BANK, NATIONAL ASSOCIATION PNC BANK, NATIONAL ASSOCIATION C/O GEOFFREY S. SHUFF, ESQUIRE MCNESS, WALLACE & NURICK, LLC 3700 WISEMAN BOULEVARD SAN ANTONIO, TX 78251 436 SEVENTH AVENUE, SUITE 1400 PITTSBURGH, PA 15219 4260 B SOCIETY PARK COURT HARRISBURG, PA 17109 1600 MARKET STREET, 11TH FLOOR PHILADELPHIA, PA 19103 100 PINE STREET P.O. BOX 1166 HARRISBURG, PA 17101-1166 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. 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. 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 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 234 FOX DRIVE MECHANICSBURG, PA 17050-2515 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificati n-y authorities. n By: Attorney fo Plaintiff Phelan Fall nan & Schmieg, J'LP ? Lawr ce T. Phelan, Esq., Id. No. 32227 ? Franci S. Hallinan, Esq., Id. No. 62695 ? Daniel chmieg, Esq,, Id. No. 62205 fjJeenine ichele M. Bradford, Esq., Id. No. 69849 dith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq.; Id. No. 81760 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. 866,57 ? 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 FLED-OFFICE 0F THE: P.R0 i 1' C ,RY 'L' J10tI , 19 A, 11: 29 ?.Aj MERLA?D `01j" 'Y 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff V. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2610-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE 236832 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 15, 2010. 3. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 7, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about October 20, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". The Rule to Show Cause was timely served upon all parties on November 5, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "C". 6. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 8, 2010 . 236832 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Ha linan & Schmieg, LLP oq,E I I 8 to ., 01-La' enc? T. Phelan, Esq., Id. No. 32227 cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 ichele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 236832 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff Court of Common Pleas Civil Division V. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendants CUMBERLAND County No.: 10-2610-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 236832 A Motion to Reassess Damages was filed with the Court on October 15, 2010. A Rule was entered by the Court on or about October 20, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on November 5, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 8, 2010. 236832 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: I ) lobb By: Phelan Hallinan & Schmieg, LLP ? La,kr c f T. Phelan, Esq., Id. No. 32227 ? Fr cis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 ichele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 236832 Exhibit "A" 236832 0 v L1, ? a a? x? 00 00 Q7o z?a w ? a C ? ? h z40 G ? " o G Eg F ? Y ra GFi i6Ey E 't Q v?6? G . V oEd.r? W a m? o E a ow Ea H I? Yj ?' N G M ? rA ' 2 V 7 Q ,Gcw 1-• 'J N S P4 b a a ? o a m 4 Q a O 'CS Z ?n P. N p p ca C O 'm in r vs a a .? a e4 N ? dU ? d 4 ? ?., ?a Qz o? O w? w r a? E C7? C7U ,a z> Z ?W ?? Hz i .n N Z M U M N M N d Vl ? a V1 x a u ?$ a? E y z .a ? ••? N M tt v'1 ?O I`? 00 Q? O N M V1 'p N M ,00 r`r rt w?* PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey Octol::er 7, 2010 MA (3 la A. ABDELMALIK A/K/A MAGED ABDEL,MALIK HANAN M. AWADALLA 5001 PELLINGHAM CIRCLE F,NOLA, PA 17025-1292 RE: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 v. IMAGED A. ABDELMALIK, A/K/A MAGEI) ABDELMALIK and HANAN M. AWADALLA Premises Address: 234 FOX DRIVE MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 10-2610-CIVIL TERM De ir) )efendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 12, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. er trul y t r: cis S. Hallinan, Esquire I i:'iel G. Sehmieg, Esquire Achcl:: : M. Bradford, Esquire Judi IIi T. Romano, Esquire ?z?QZ? Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure 236832 Exhibit "B" 236832 US BANK ATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS OF AS TRUST M FOR CMLTI 2007-0 CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MAGED A. AWA MAC HANAN M. WALLA DEFENDANTS NO. 10-2610 CIVIL OF T A HE LPROTKONOT 2010 OCT 20 AN 9: 2 CUMO RLANO COUNT PE NSYLVANiA ORDER OF COURT NOW, this 1 Wh day of October, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. the Defendants will file an answer on or before November 8, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Abs6lute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. ?he Prothonotary is directed to forward said Answer to this Court. By the Court, /' M. L. Ebert, Jr., J. ./Coinnay ?t. Dunn, Esquire Attorney fob! Plaintiff A. Hanan M. Abdelmalik bas l I i CORI f? jaU ° ,v Exhibit "C" 236832 Phelan Hallin€ n & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32 Francis S. Hallinan, Esq., Id. No. W Daniel (i. Schmieg, Esq., .ld. 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. FIiakos, 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff V. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendants CERTIFICATION OF SERVICE: ATTORNEY FOR PLAINTIFF t of Common Picas Civil Division CUMBERLAND County No.: 10-2610-CIVIL TERM a L. 236832 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 8, 2010 was sent to the following individual on the date indicated below. MA(iFD A. ABDEI.MALIK MAGED A. ABDELMALIK AWA MAGED ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA + HANAN M. AWADALLA 5041 PELLINGI IAM ajo*" 234 FOX DRIVE FNOLA, PA 17025-1292 MECHANICSBURG, PA 17050-2515 Hallinan & Schmieg, L LP DATE:'~' c L By: tom' `r ? 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, b;ld. No. 58745 Sheetal R. Slush-ti;sq., Id. No. 81760 Jenne R. `[3##ey, Esq., Id. No. 87077 Laurel?. R:Tabas, Esq., Id. No. 93337 Q 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 E] Chrisovalante P. Fliakos, Esq., Id. No. 94620 Q Joshua I. Goldman, Esq., Id. No. 205047 n Courtenay R. Dunn, Esq., Id. No. 206779 ?' Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 236832 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Hallinan & Schmieg, LLP DATE: U 1 By: ] LA - c? T. Phelan, Esq., Td"Wr-32227 ? F cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 236832 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR CMLTI 2007-0 Plaintiff Civil Division V. CUMBERLAND County MAGED A. ABDELMALIK No.: 10-2610-CIVIL TERM A/K/A MAGED ABDELMALIK : HANAN M. AWADALLA Defendants CERTIFICATION OF SERVICE 236832 I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA 5001 PELLINGHAM CIRCLE ENOLA, PA 17025-1292 DATE: Igo- By: MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA 234 FOX DRIVE MECHANICSBURG, PA 17050-2515 Phelan Hallinan & Schmieg, LLP U" la*rence T. Phelan, Esq., Id. No. 32227 cis S. Hallinan, Esq., Id. No. 62695 el l G. Schmieg, Esq., Id. No. 62205 q?ani Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 236832 NOY22?uiu IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR CMLTI 2007-0 Plaintiff Civil Division V. CUMBERLAND County MAGED A. ABDELMALIK No.: 10-2610-CIVIL TERM A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendants ORDER AND NOW, this '%I day of 0 OV , 2010, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $232,546.21 Interest Through December 8, 2010 $18,120.29 Per Diem $48.58 Late Charges $507.00 Legal fees $1,675.00 Cost of Suit and Title $1,315.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $90.00 Appraisal/Brokers Price Opinion $95.00 1 236832 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,150.71 TOTAL $256,499.21 Plus interest from December 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT - ?k A." J. 236832 '' M4ged ,a 4 LWeltnaI k e0pi es ww•!,d ?t?a3?io _ a ?' z -- o? --s c3 °t -- _-:D 236832 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff OF FILED-OFFICE C;`F 111E PPOTHONOT¢ RY Jody S Smith Chief Deputy Richard W Stewart Solicitor 2U1 'I I APR, I I AM IO: 3 9 CLUIBERLAND COUNTY ENNSYLVI11`?EA US Bank National Association vs. Case Number Hanan M. Awadalla (et al.) 2010-2610 SHERIFF'S RETURN OF SERVICE 10/08/2010 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1141 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Hanan M. Awadalla & Maged A. Abdelmalik, located at, 234 Fox Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/11/2010 07:26 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-11-10 at 1926 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Maged A. Abdelmalik, by making known unto, Maged A. Abdelmalik, personally, at, 5001 Pellingham Circle, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 10/11/2010 07:26 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-11-10 at 1926 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Hanan M. Awadalla, by making known unto, Maged A. Abdelmalik, husband of defendant, at, 5001 Pellingham Circle, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/01/2010 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 01/28/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 4/4/11. SHERIFF COST: $722.98 April 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ?d S ?nr1=5- CK? Sr4vS r? oZ.S7'17/ il-; CowltySiAte Shenff. Teteosoft. I,?:;. US BANK NATitJNAL ASSOCIATION, AS TRUSTEE COURT OF COMMON PLEAS FOR CMLTI 20074 1''iaintit CIVIL DIVISION V. NO. 10-2610-CIVIL TERM MAGED A. ABDELMALIK CUMBERLAND COUNTY A/K/A MAGED ABDELMALIK HANAN M. AWADALLA PHS # 236832 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 US [SANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0, 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 234 FOX DRIVE, MECHANICSBURG, PA 17050-2515. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 5001 PELLINGHAM CIRCLE ENOLA, PA 17025-1292 5001 PELLINGHAM CIRCLE ENOLA, PA 17025-1292 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of everyjudgment 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 None. reasonably ascertained, please indicate) . 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 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 234 FOX DRIVE MECHANICSBURG, PA 17050-2515 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Julv 8, 2010 By: Attorney for laintiff 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 US BANK NAVONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS CMLTI 2007-0 Plaintiff : CIVIL DIVISION NO. 10-2610-CIVIL TERM Vs. : CUMBERLAND COUNTY MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA 5001 PELLINGHAM CIRCLE ENOLA, PA 17025-1292 **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, 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 234 FOX DRIVE, MECHANICSBURG, PA 17050-2515 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $243,222.23 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 (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 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 maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be a6le 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 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as i f 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 V SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-2610-CIVIL TERM US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 vs. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA owner(s) of property situate in HAMPDEN TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 234 FOX DRIVE, MECHANICSBURG, PA 17050-2515 (Acreage or street address) Parcel No. 10-20-1844-058 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $243,222.23 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land known and designated as Lot No. 41, Block B, Section 7 of Indian Creek, Situate in Hampden Township, Cumberland County, Pennsylvania, as prepared by D. P. Raffensperger, R. S., dated April 4, 1973 and filed in the Recorder of Deeds Office of Cumberland County in Plan Book 23, Page 170, more particularly bounded and described as follows, to-wit:- BEGINNING at a point on the East side of Fox Drive, said point being a distance of 1441.31 feet North of the intersection of the North side of Indian Creek Drive and the East side of Fox Drive: thence by the East side of Fox Drive, North 28 degrees 30 minutes West, a distance of 85 feet to a point on the line, of Lot No. 1; thence by same and Lot No. 2, North 61 degrees 30 minutes East, a distance of 150 feet to a point on the line of Lot No. 4; thence by same and Lot No. 5, South 28 degrees 30 minutes East, a distance of 85 feet to a point on the line of Lot No. 40; thence by same South 61 degrees 30 minutes West, a distance of 150.00 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a 2-story house known an numbered as 234 Fox Drive, Mechanicsburg, PA 17050. TITLE TO SAID PREMISES IS VESTED IN Maged A. Abdelmalik and Hanan M. Awadalla, h/w, by Deed from Land Holding, LLC., successor by merger to Land Holding, Inc., dated 12/16/2003, recorded 12/23/2003 in Book 260, Page 4824. PREMISES BEING: 234 FOX DRIVE, MECHANICSBURG, PA 17050-2515 PARCEL NO. 10-20-1844-058 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS CMLTI 2007-0 : CIVIL DIVISION Plaintiff : VS. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA Defendant(s) : NO. 10-2610-CIVIL TERM : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA 5001 PELLINGHAM CIRCLE ENOLA, PA 17025-1292 "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, 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 234 FOX DRIVE, MECHANICSBURG, PA 17050-2515 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $243,222.23 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 (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 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 judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 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. ?. 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 215-563-7000. 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 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-2610-CIVIL TERM US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 vs. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M. AWADALLA owner(s) of property situate in HAMPDEN TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 2.34 FOX DRIVE, MECHANICSBURG. PA 17050-2515 (Acreage or street address) Parcel No. 10-20-1844-058 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $243,222.23 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land known and designated as Lot No. 41, Block B, Section 7 of Indian Creek, Situate in Hampden Township, Cumberland County, Pennsylvania, as prepared by D. P. Raffensperger, R. S., dated April 4, 1973 and filed in the Recorder of Deeds Office of Cumberland County in Plan Book 23, Page 170, more particularly bounded and described as follows, to-wit:- BEGINNING at a point on the East side of Fox Drive, said point being a distance of 1441.31 feet North of the intersection of the North side of Indian Creek Drive and the East side of Fox Drive, thence by the East side of Fox Drive, North 28 degrees 30 minutes West, a distance of 85 feet to a point on the line. of Lot No. 1; thence by same and Lot No. 2, North 61 degrees 30 minutes East, a distance of 150 feet to a point on the line of Lot No. 4; thence by same and Lot No. 5, South 28 degrees 30 minutes East, a distance of 85 feet to a point on the line of Lot No. 40; thence by same South 61 degrees 30 minutes West, a distance of 150.00 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a 2-story house known an numbered as 234 Fox Drive, Mechanicsburg, PA 17050. TITLE TO SAID PREMISES IS VESTED IN Maged A. Abdelmalik and Hanan M. Awadalla, h/w, by Deed from Land Holding, LLC., successor by merger to Land Holding, Inc., dated 12/16/2003, recorded 12/23/2003 in Book 260, Page 4824. PREMISES BEING: 234 FOX DRIVE, MECHANICSBURG, PA 17050-2515 PARCEL NO. 10-20-1844-058 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-2610 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff (s) From MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK AND HANAN M. AWADALLA (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$243,222.23 L.L.$.50 Interest INTEREST FROM 06/08/2010 TO DATE OF SALE ($39.98 PER DIEM) - $7,356.32 Atty's Comm % Due Prothy $2.00 Atty Paid $232.50 Other Costs Plaintiff Paid Date: JULY 16, 2010 :: . el , P thonotary (Seal) By: Deputy REQUESTING PARTY: Name JAIME MCGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 As On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 234 Fox Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (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 Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. .sa Mane Coyne, ditor SWORN TO AND SUBSCRIBED before me this 5 da of November 20 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 % T . . CUMBERLAND LAW JOURNAL Writ No. 2010-2610 Civil US Bank National Association, as Trustee for CMLTI-2007-0 VS. Hanan M. Awadalla Maged A. Abdelmalik Atty.: Daniel G. Schmieg By virtue of a Writ of Execu- tion NO. 10-2610-CIVIL TERM, US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 vs. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK, HANAN M. AWADALLA, owners of property situ- ate in HAMPDEN TOWNSHIP, Cum- berland County, Pennsylvania, being 234 FOX DRIVE, MECHANICSBURG, PA 17050-2515. Parcel No. 10-20-1844-058. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $243,222- .23. The Patriot-News Co. .2020 Technology Pkwy- Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 t4epidhiot News Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854. and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The, Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 20104610 CIvU Term US Bank National Association, s Trustee for CMLTI-2007-0 Vs Hanan M. Awadalla Maged A. Abdelmailk Atty. Daniel G Schmleg BY virtue of a Writ of Execution NO. 10-2610-CML TERM US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLT12007-0 vs. MAGED A. ABDELMALIK A/K/A MAGED ABDELMALIK HANAN M.AWADALLA owner(s) of property situate in HAMPDEN TOWNSHIP, Cumberland County, Municipality) Pennsylvania, being 234 FOX DRIVE, MECHANICSBURG, PA 1705Q-2515 (Acreage or street au#iress) Parcel No. 10-20-1944-058 Improvements thereon: RESIDENTIAL. DWELLING JUDGMENT AMOUNT: $243,222.23 This ad ran on the date(s) shown below: .......... Sworn to a t! i,tsubscribed before me this 1 q day of November, 2010 A.D. N6tarv Public COMMONWEALTH OF PENNSYLVANIA Notar1a15eal f Sherrie L Kisrw, Notary public i Lower Paxton Twp., Dauphin County ( MY Comm L?slon Fires Nov. 26, 2011 i Member, Pennsvtvanla Association of Notaries 10/15/10 10/22/10 10/29/10 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-0 Plaintiff vs MAGED A. ABDELMALIK A/K,/A MAGED ABDELMALIK HANAN M. AWADALLA Defendant Court of Common Pleas--1 Civil Division rn Co CUMBERLAND Coin r? ZCa No. 10-2610-CIVIL TEI c r PRAECIPE TO THE PROTHONOTARY: Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. Date: C(' ag' 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 eter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Allison F. Wells, Esq., Id. No. 309519 PHS# 236832 Attorneys for Plaintiff --s ia,w.l a? g'.(5D ?c? cry, 1o%93qCt V,Aiv, d597yS