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HomeMy WebLinkAbout10-3721_ i?FII fk" 11 _i trt Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com 2010 juju -7 AM 10: 04 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. ASIF DAOOD AND LEAH M. DAOOD Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, 31 17013 ^ L ?- ? 717-249-3166 C.? / 2 - d u"^ff cZ-o 1,5g/-;7!? ot*' ? `/3 ;?/y U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. ASIF DAOOD AND LEAH M. DAOOD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. ASIF DAOOD AND LEAH M. DAOOD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 ("Trust"), is a National Association with a Servicing Agent of the Pennsylvania Housing Finance Agency, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. 2. Defendants, ASIF DAOOD and LEAH M. DAOOD, are adult individuals whose last known address is 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055. 3. On or about, May 25, 2007, the said Defendants executed and delivered a Mortgage Note in the sum of $150,600.00 payable to MEMBERS 1 ST FEDERAL CREDIT UNION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on May 29, 2007 in Mortgage Book 1993, Page 3906 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County on May 29 2007 in Mortgage Book 737, Page 1468. The Mortgage was further assigned to U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on December 01, 2009 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $145,499.89 Interest at $22.23 per day $4,712.76 From 11/0 1 /2009 To 06/01/2010 ( based on contract rate of 5.5000%) Accumulated Late Charges $213.75 Late Charges $42.75 $256.50 From 12/01/2009 to 06/01/2010 Escrow Deficit $173.01 Attorney's Fee at 5% of Principal Balance $7,274.99 TOTAL $158,130.90 **Together with interest at the per diem rate noted above after June 01, 2010 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. The Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 which contained amendments to Act 91 of 1983 (35 P.S. 1680.401c et. sec.) and Pennsylvania Act 57 of 2008 which contained amendments to Act 6 of 1974 (41 P.S. 101 et. sec.) by sending to each Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice dated February 8, 2010 is attached hereto as Exhibit "C". 10. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 11. The Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.5000% ($22.23 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PU CELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) L. ba ®oA 17-oq? N NOTE I 6I S9 ? j LOAN # : DA0274503 MAY 25TH, 2007 BOILING SPRINGS PA [Date] [City], [State] 423 PARK HILLS DRIVE, MECHANICSBURG, PA 17055 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U. S. $ 150,600.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is MEMBERS 1ST FEDERAL CREDIT UNION I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5 . 5 0 0 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1ST day of each month beginning on JULY 1ST, 2007 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on JUNE 1ST, 2037 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 5000 LOUISE DRIVE, MECHANICSBURG, PA 17055 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U. S. $ 8 5 5 . 0 9 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 Wolters Kluwer Financial Services VMP®-SN (0207).01 ? Page t of 3 Initials: LJ (kb \ 6 ? 'i?) G\,C-" ® r 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 .0 0 0 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, .including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 32.00-1j01: VM P O-$ N (0207).01 Page 2 of 3 Initials: ?? 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HANDS AND SEAL(S) OF THE UNDERSIGNE (Seal) (Seal) &DAOOD -Borrower AS I F DAOOD -Borrower -(Seal) -Borrower "'MW RBOMM PKY TO THE AMICY -(Seal) -Borrower -(Seal) -Borrower -(Seal) -Borrower -(Seal) -Borrower (Seal) -Borrower [Sign Original Only] V M P®-5 N (020 7).01 Page 3 of 3 Form 3200 1101 ALL THAT CERTAIN lot or piece of land in the township of Upper Allen, Cumberland County, Pennsylvania, being Lot #4, Block "a", in Plan No. One, Park hills West Plan of Lots, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20, Page 56 being more particularly bounded and described as follows: BEGINNING at the point on the Northern edge of Park Hills Drive in said Plan where the line dividing Lot #4, herein described, and Lot #5 in said Plan intersects the Northern edge of said drive; thence from said point of beginning and by the Easterly edge of Lot #5 aforesaid N 080 18'30" W. a distance of 125.28 feet to a line of lands now or late of Burrell; thence by line of lands of Burrell and Weist N 81° 30'00" E. a distance of 96.00 feet to a point; thence by the Westerly edge of Lot #3 in said Plan S. 080 18' 30" E. a distance of 125.60 feet to a point on the Northerly edge of Park Hills Drive, aforesaid; thence by the Northerly edge of Park Hills Drive S 81 ° 41'30" W, a distance of 96.00 feet to the place of BEGINNING. HAVING thereon erected a 2 story brick and aluminum dwelling known and numbered as 13 Park Hills Drive. SUBJECT to Pole Line, Easements, Restrictions and Building Lines of Record. SUBJECT to Protective covenants recorded in the Cumberland County Recorder of Deeds Office on January 13, 1969 in Miscellaneous Book 184, Page 405, as amended. PARCEL 42-27-1886-002 6k'?b?j"g \I Date: 2/08/2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home This Notice explains how the Program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. Sl NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. (ACT 691 LR/dtmdocs/ALSV/ \ 1 HOMEOWNER'S NAME(S) PROPERTY ADDRESS: LOAN ACCOUNT NO.: LEAH M. DAOOD ASIF DAOOD 423 PARK HILLS DR MECHANICSBURG, PA 17055-4963 1578947 CURRENT LENDER/SERVICER: Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 15057 Harrisburg, PA 17105-5057 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS; AND, * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the Consumer Credit Counseling Agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the Consumer Credit Counseling Agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated Consumer Credit Counseling Agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Program. To do so you must fill out, sign and file a completed Homeowners' Emergency Mortgage Assistance Program Application with one of the designated Consumer Credit Counseling ACT691 LR/dtmdocs/ALSV/ Agencies listed at the end of this Notice. Only Consumer Credit Counseling Agencies have applications for the Program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for Emergency Mortgage Assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 423 PARK HILLS DR, MECHANICSBURG, PA 17055-4963, IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months December, 2009 thru the first of February, 2010 in the amount of $3,360.00 plus late charges that have accrued in the amount of $85.50. THE TOTAL AMOUNT DUE IS $3,471.50. This includes all payments, fees and expenses due, less any funds we are holding in suspense. HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,471.50 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: PENNSYLVANIA HOUSING FINANCE AGENCY 211 N FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105-5057 ACT691 LR/dtmdocs/ALSV/ IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth In this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately three months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 717-780-3804 (FAX) Contact Person: KIMBERLEY AYALA Counseling Agencies: In addition to mailing Appendix B, Notice of Face-To-Face Meeting, please notify PHFA (when we are the first lien holder) of the face-to-face meeting and pending submission of application for HEMAP assistance by sending an e-mail to: Kayala@phfa.org. If you do not have access to e-mail, please call Kim Ayala at 717-780-1815 and advise of the face-to-face meeting. EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. (This does not apply if your mortgage was originated under the Home Start Program.) ACT691 LR/dtmdocs/ALSV/ YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER. THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PHFA CCCS of Western PA 211 North Front Street 2000 Linglestown Road Harrisburg, PA 17110 Harrisburg, PA 17102 717.780.3940 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 ACT691 LR/dtmdocs/ALSV/ Pennsylvania Housing Finance Agency Accounting & Loan servicin 211 North Front Street, P.O. Box 15057 Harrisburg, PA 17105-5057 (800) 346-3597 FAX (717) 780-3804 TTY (717) 7804869 NOTICE 2/08/2010 LEAH M. DAOOD ASIF DAOOD 423 PARK HILLS DR MECHANICSBURG, PA 17055 RE: Account #1578947 TO: LEAH M. DAOOD ASIF DAOOD 423 PARK HILLS DR MECHANICSBURG, PA 17055-4963 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. Attachment: Housing Counseling List ACT691 LR/dtmdocs/ALSW HUD-APPROVED CREDIT COUNSELING AGENCIES CCCS OF WESTERN PA-HARRISBURG NACA 2000 LINGLESTOWN RD. HARRISBURG, PA. 17110 Phone:888-599-2227 HOUSING ALLIANCE OF YORK 34 S. Duke St. York, PA 17401-1106 Phone: 800-864-4909 TABOR COMMUNITY SERVICES 208 E King St. Lancaster, PA 17608-1676 Phone: 717-397-5182 1341 N DELAWARE AVE; SUITE 312 PHILADELPHIA, PA. 19125 Phone:888-297-5568 PHILADELPHIA COUNCIL OF COMMINITY DEVELOPMENT ONE PENN CENTER;1617 JFK BLVD; SUITE 1550 PHILADELPHIA, PA. 19103-1828 Phone:800-930-4663 ACT691 LR/dtmdocs/ALSV/ 7160 3%1 4646 7641 3654 TO: LEAH M DAOOD 423 PARK HILLS DR MECHANICSBURG,PA 17055 SENDER:FISSEL REFERENCE1578947 SENDER:FISSEL REFERENCE1578947 RETURN Pota .44 RETURN POda9e • A?`? RECEIPT Certified Fee 2 80 RECEIPT Certified Fee 2.80 i SERVICE Retum Receipt Fee Q SERVICE Return Receipt Fee Restricted Del S(1 ; Restricted Delivery Total Postage & Fees 5 . 5 ` Total Postage & Fees j` 54.54 ? u, US Postal Service POSTIIA OR DATE ` 5 US Postal Service POS-" AAP OR `t r J Receipt for t Receipt for `=} l Certified Mai `---' Certified Mail No Nuira,o. CWAH*ge Provided No hmmann cwange Provided Do Not Use for Inbmadonel Mal Do Not Use for Mtwmetbnal Mal III I .4.e....?_...._.? .,-?.- ...... v ...-,... __ _ . _ ?.. __ _ _.._ ....vr................._.......... _ ........ .............. ..__._.....__._... __ -. _-. 1.0 LL L 3003dIZ WOH30311Vn >> OL,OaZ 80833 t78L66£b000 • 07Vt0 $ VI. ZO . ,A S3MOY A3MAM ammm.Mb, ? P ) 3t 10010W AOM- ?e1M co _ j r r s' i y u O In In O ?a A a to 1 A gnu i a 01 M En NIn q* e-i 1 c nt 'A T t3 C 1 tl• 7360 301 IM 7641 3866 70ASIF DAOOD 423 PARK HILLS DR MECHANICSBURG,PA 17055 L 0 L t L 3000 dIZ WOHd G31IVV' OLOZ 909 t?SL66£i`DZO ?.. 53AA0e A3?UM - NSOd 09 O . v u a+ m 9 O a w f 1 i a Ln In O r- 1:4 V-1 Aaai N H ox n 05U? d? Aw ? H c+t m c-4 Ln 4.0 V-1 423 PARK HILLS DR VERIFICATION Anthony J. Julian hereby states that he is the Director of Accounting and Loan Servicing of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 1) - ')'-, ? Anthony J. Ju 'an Director of Accounting and Loan Servicing PENNSYLVANIA HOUSING FINANCE AGENCY SERVICING AGENT FOR. U. S. BANK, NATIONAL Date: ASSOCIATION AS TRUSTEE FOR PENNSYLVANIA DOUSING FINANCE AGENCY SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~N ,~. Ronny R Anderson ~~[}-s'~ -~.r1~~ Sheriff 6'= ~ t ,v~",..tS ~~~~~iY Jody S Smith ~guntr °t ~a~»brrr$h~ Chief Deputy ~ .~~~~.}.~~ ZQ~Q ,~~ ~ ~ ~ ~~ '~ }"rE Richard W Stewart ~~'' ~ ~~ SOl1CItOr c~FFtce vF T„~ s~t;RtFF {rilt-h~~i..~~~ C~J'Y US Bank National Association vs. Case Number Asif Daood (et al.) 2010-3721 ', SHERIFF'S RETURN OF SERVICE 06!15/2010 04:05 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 15, II 2010 at 1605 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Asif Daood, by making known unto himself personally, at 423 Park Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 06/17/2010 03:34 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 17, 2010 at 1530 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Leah M. Daood, by making known unto herself personally, at Members 1s1 ~, Federal Credit Union, 321 York Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. !~~ rte- '~ TIM CK, DEPUTY 06/18/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occu ant at 423 P rk H' ~'~ p a ills Dnve, Mechanicsburg, PA ~I 17055, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 423 Park Hills ~!I Drive, Mechanicsburg, PA 17055 is only occupied by Asif Daood. SHERIFF COST: $79.40 SO ANSWERS, Iii June 18, 2010 RON R ANDERSON SHERIFF (c) CountySuite Shenff. Teleosoft. Inc. . 10 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW ATNO. 10-3721 CIVIL U.S. BANK NATIONAL ASSOCIATION TRUSTEE Total Judgment Amount $158,130.90 FOR THE PENNSYLVANIA HOUSING FINANCE Interest $4,112.55 AGENCY, Per diem of $22.23 to sale PLAINTIFF date 12/8/2010 Late Charges $213.75 VS. $42.75 per month to sale date 12/8/2010 ASIF DAOOD Escrow Deficit $2,208.00 LEAH M. DAOOD, DEFENDANT(S) TOTAL WRIT $164,665.20 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, December 08, 2010 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. C a' J / rY? "r ` " l7 Date: September 3, 2010 - ? Attorney for Plaintiff ?L C3 1719 North Front Street Leon P. Haller ?? C ' rn Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: SS To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 Date: cy?, v:20m) J ) ?'w PROT ARY/C RK CIVIL DIVISION I?V_Wlod.44 7 W '- u Q -sv ti 2/ f I,d a.oa iDue-Cis BY DEPUTY 464 & ?s?? ALL THAT CERTAIN lot or piece of land in the Township of Upper Allen, Cumberland County, Pennsylvania, being Lot #4, Block "A", in Plan No. One, Park Hills West Plan of Lots, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20, Page 56 being more particularly bounded and described as follows: BEGINNING at the point on the Northern edge of Park Hills Drive in said Plan where the line dividing Lot 44, herein described, and Lot 95 in said Plan intersects the Northern edge of said drive; thence from said point of beginning and by the Easterly edge of Lot 95 aforesaid N 08° 18' 30" W. a distance of 125.28 feet to a line of lands now or late of Burrell; thence by line of lands of Burrell and Weist N 81 ° 30' 00" E. a distance of 96.00 feet to a point; thence by the Westerly edge of Lot 43 in said Plan S. 08° 18' 30" E. a distance of 125.60 feet to a point on the Northerly edge of Park Hills Drive, aforesaid; thence by the Northerly edge of Park Hills Drive S 81 ° 41' 30'W, a distance of 96.00 feet to the place of BEGINNING. HAVING thereon erected a 2 story brick and aluminum dwelling known and numbered as 13 Park Hills Drive, Mechanicsburg, PA 17055. SUBJECT to pole lines, easements, restrictions and building lines of record. SUBJECT to Protective Covenants recorded in the Cumberland County Recorder of Deeds Office on January 13, 1969 in Miscellaneous Book 184, Page 405, as amended. Parcel 42-27-1886-002 BEING THE SAME PREMISES WHICH Kenneth E. Weaver and Sandra B. Weaver by deed dated 5/23/07 and recorded 5/29/07 in Cumberland County Record Book 280 Page 840, granted and conveyed unto Asif Daood and Leah M. Daood, his wife. UNDER AND SUBJECT to and together with prior grants and reservations of coal, oil, gas, mining rights-of-way, exceptions, conditions, restrictions and reservations of record, as the same may appear in this or prior instruments of record. U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. ASIF DAOOD LEAH M. DAOOD, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-3721 CIVIL MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) ASIF DAOOD and LEAH M. DAOOD for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff s damages as follows: Unpaid Principal Balance $145,499.89 Interest $4,712.76 Per diem of $22.23 From 11/01/2009 r , To 06/01/20 10 03 o Accumulated Late Charges $213.75 29 y_ c Late Charges $256.50 ($42.75 per month to 06/01/2010) cr Escrow Deficit $173.01 r, c 5% Attorney's Commission $7,274.99 TOTAL $158,130.90 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriffs Sale. PURCELL, KRUG & HALLER By Leon P. Haller A I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ^ j q. Dd P44. lko 567 2 VTf U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF Vs. ASIF DAOOD LEAH M. DAOOD, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-3721 CIVIL IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on July 12, 2010 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Haller PA T.D. # 15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 M Tr r ZC C m ? ? ? U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. ASIF DAOOD AND LEAH M. DAOOD Defendants DATE OF THIS NOTICE: July 12, 2010 TO: ASIF DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 LEAH M. DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3721 CIVIL CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG & HALLER J „ LEON P. 1lALLER, Afforney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 2344178 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. ASIF DAOOD LEAH M. DAOOD, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-3721 CIVIL IN MORTGAGE FORECLOSURE nn t + M 71 -n -U Z C J0 c? 3C : i=5 5j;0 C: F ma NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this 9 day of 20-/"0 LEON P. HA LER, ESQUIRE N NOTARIAL SEAL MARYLAND K. FERRE M. No" PuDNO Lower Paxton TWP-' O&A t County My Commission Expires Aug. 8. 2014 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. ASIF DAOOD LEAH M. DAOOD, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-3721 CIVIL IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): ASIF DAOOD -coo rn C rE 5?y -v 423 PARK HILLS DRIVE =A E MECHANICSBURG, PA 17055 m LEAH M. DAOOD ?- 423 PARK HILLS DRIVE Cr. MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN Cumberland County Courthouse Adult Probation 1 Courthouse Square Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Members 1" Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 3, 2010 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. ASIF DAOOD LEAH M. DAOOD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-3721 CIVIL IN MORTGAGE FORECLOSURE DEFENDANT(S) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 W -1 TAKE NOTICE: co That the Sheriffs Sale of Real Property (real estate) will be held: G Qrn DATE: Wednesday, December 08, 2010 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-3721 CIVIL JUDGMENT AMOUNT $158,130.90 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: ASIF DAOOD and LEAH M. DAOOD A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle. Pennsylvania 17013 717-249-3166 Legal Services. Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot or piece of land in the Township of Upper Allen, Cumberland County, Pennsylvania, being Lot #4, Block "A", in Plan No. One, Park Hills West Plan of Lots, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20, Page 56 being more particularly bounded and described as follows: BEGINNING at the point on the Northern edge of Park Hills Drive in said Plan where the line dividing Lot 44, herein described, and Lot #5 in said Plan intersects the Northern edge of said drive; thence from said point of beginning and by the Easterly edge of Lot #5 aforesaid N 08° 18' 30" W. a distance of 125.28 feet to a line of lands now or late of Burrell; thence by line of lands of Burrell and Weist N 81 ° 30' 00" E. a distance of 96.00 feet to a point; thence by the Westerly edge of Lot #3 in said Plan S. 08° 18' 30" E. a distance of 125.60 feet to a point on the Northerly edge of Park Hills Drive, aforesaid; thence by the Northerly edge of Park Hills Drive S 81 ° 41' 30" W, a distance of 96.00 feet to the place of BEGINNING. HAVING thereon erected a 2 story brick and aluminum dwelling known and numbered as 13 Park Hills Drive, Mechanicsburg, PA 17055. SUBJECT to pole lines, easements, restrictions and building lines of record. SUBJECT to Protective Covenants recorded in the Cumberland County Recorder of Deeds Office on January 13, 1969 in Miscellaneous Book 184, Page 405, as amended. Parcel 42-27-1886-002 BEING THE SAME PREMISES WHICH Kenneth E. Weaver and Sandra B. Weaver by deed dated 5/23/07 and recorded 5/29/07 in Cumberland County Record Book 280 Page 840, granted and conveyed unto Asif Daood and Leah M. Daood, his wife. UNDER AND SUBJECT to and together with prior grants and reservations of coal, oil., gas, mining rights-of-way, exceptions, conditions, restrictions and reservations of record, as the same may appear in this or prior instruments of record. ALL THAT CERTAIN lot or piece of land in the Township of Upper Allen, Cumberland County, Pennsylvania, being Lot 94, Block "A", in Plan No. One, Park Hills West Plan of Lots, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20, Page 56 being more particularly bounded and described as follows: BEGINNING at the point on the Northern edge of Park Hills Drive in said Plan where the line dividing Lot 44, herein described, and Lot #5 in said Plan intersects the Northern edge of said drive; thence from said point of beginning and by the Easterly edge of Lot #5 aforesaid N 08° 18' 30" W. a distance of 125.28 feet to a line of lands now or late of Burrell; thence by line of lands of Burrell and Weist N 81 ° 30' 00" E. a distance of 96.00 feet to a point; thence by the Westerly edge of Lot #3 in said Plan S. 08° 18' 30" E. a distance of 125.60 feet to a point on the Northerly edge of Park Hills Drive, aforesaid; thence by the Northerly edge of Park Hills Drive S 81 ° 41' 30" W, a distance of 96.00 feet to the place of BEGINNING. HAVING thereon erected a 2 story brick and aluminum dwelling known and numbered as 13 Park Hills Drive, Mechanicsburg, PA 17055. SUBJECT to pole lines, easements, restrictions and building lines of record. SUBJECT to Protective Covenants recorded in the Cumberland County Recorder of Deeds Office on January 13, 1969 in Miscellaneous Book 184, Page 405, as amended. Parcel 42-27-1886-002 BEING THE SAME PREMISES WHICH Kenneth E. Weaver and Sandra B. Weaver by deed dated 5/23/07 and recorded 5/29/07 in Cumberland County Record Book 280 Page 840, granted and conveyed unto Asif Daood and Leah M. Daood, his wife. UNDER AND SUBJECT to and together with prior grants and reservations of coal, oil, gas, mining rights-of-way, exceptions, conditions, restrictions and reservations of record, as the same may appear in this or prior instruments of record. n C z cs• U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. ASIF DAOOD LEAH M. DAOOD, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-3721 CIVIL IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on - the following judgment has been entered against you in the above-captioned matter: $158,130.90 and for the sale and foreclosure of your property located at: 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 Dated: September 3, 2010 Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236 ASIF DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 LEAH M. DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENTISYL VANIA HOUSING FINANCE AGENCY. PLAINTIFF vs, ASTF D.AOOD LEAH M, DAOOD. DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBER-LAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-3721 CIVIL MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) ASIF DAOOD and LEAH M. DAOOD for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiffs damages as follows: Unpaid Principal Balance $145,499.89 Interest $4.712.76 Per diem of $2223 From 11/01/2009 To 06/01/2010 Accumulated Late Charges $213.75 Late Charges $256.50 ($42.75 per month to 06,01 !2010) Escrow Deficit $173.01 51/o Attorney's Commission $7,274.99 TOTAL 5158,130.90 'Together with additional interest at the per diem rate indicated above from the date herein. based on the contract rate, and other charges and costs to the date of Sheriff s Sale. PURCELL. KRUG & HAULER B - - Y Leon P. Haller -PA I.D. 9 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-3721 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U. S. Bank National Association Trustee for the Pennsylvania Housing Finance Agency Plaintiff (s) From Asif Daood Leah M. Daood (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$158,130.90 L.L.$.50 Interest per diem of $22.23 to sale date 12/8/3010 $4,112.55 Atty's Comm % Due Prothy $2.00 Atty Paid $211.90 $42.75 per month to sale date 12/8/2010 Plaintiff Paid Other CostsLate charges $213.75 Escrow Deficit $2,208.00 Date: SEPTEMBER 8, 2010 (Seat) )) ? a- D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front St. Harrisburg, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 . t SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4y?t?tyrr of ?t??trp???? b?. 7" e . <:r OFFICE OF T- E $. ERIFF FILED-OFFICE OF THE NROTKNIOTARY 2011 AI PR ( AM 10: 39 CUMBERLAND COUNTY PENNSYLVANIA US Bank National Association vs. Asif Daood (et al.) Case Number 2010-3721 SHERIFF'S RETURN OF SERVICE 10/12/2010 05:10 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-12-10 at 1710 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Asif & Leah M. Daood, located at, 423 Park Hills Drive, Cumberland County, Pennsylvania according to law. 10/12/2010 05:10 PM - Deputy Amanda Cobaugh, being duly sworn according to law, attempted service to the Defendant, to wit: Leah M. Daood at 423 Park Hills Drive, Upper Allen Township, Mechanicsburg, PA 17055. The Defendant was found to have moved. 10/12/2010 05:10 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-12-10 at 1710 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Asif Daood, by making known unto, Asif Daood, personally, at, 423 Park Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 10/29/2010 01:18 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10/29/10 at 1257 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Leah M. Daood, by making known unto, Leah M. Daood, personally, at, Members First Federal Credit Union, 321 York Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 11/18/2010 As directed by Leon P. Haller, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 02/28/2011 As directed by Leon P. Haller, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/05/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Haller on 4/5/11. SHERIFF COST: $867.20 April 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF s-?Xd ?j a,,t4) C?* el y/1 - as 11 If 7V (c CountySuite Shent Teleosoft, Inc, f , I U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY. PLAINTIFF VS. ASIF DAOOD LEAH M. DAOOD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-3721 CIVIL E?`^ IN MORTGAGE FORECLOSURE DEFENDANT(S) AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055: I . Name and address of the Owner(s) or Reputed Owner(s): ASIF DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 LEAH M. DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN Cumberland County Courthouse Adult Probation 1 Courthouse Square Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Members 1" Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unworn falsification to authorities. Leon P. Haller PA I.D. 415700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 3, 2010 t f . U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. ASIF DAOOD LEAH M. DAOOD, DEFENDANT(S) NO. 10-3721 CIVIL IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 08, 2010 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-3721 CIVIL JUDGMENT AMOUNT $158,130.90 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: ASIF DAOOD and LEAH M. DAOOD A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot or piece of land in the Township of Upper Allen, Cumberland County, Pennsylvania, being Lot #4, Block "A", in Plan No. One, Park Hills West Plan of Lots, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20, Page 56 being more particularly bounded and described as follows: BEGINNING at the point on the Northern edge of Park Hills Drive in said Plan where the line dividing Lot #4, herein described, and Lot #5 in said Plan intersects the Northern edge of said drive; thence from said point of beginning and by the Easterly edge of Lot #5 aforesaid N 08° 18' 30" W. a distance of 125.28 feet to a line of lands now or late of Burrell; thence by line of lands of Burrell and Weist N 81 ° 30' 00" E. a distance of 96.00 feet to a point; thence by the Westerly edge of Lot #3 in said Plan S. 08° 18' 30" E. a distance of 125.60 feet to a point on the Northerly edge of Park Hills Drive, aforesaid; thence by the Northerly edge of Park Hills Drive S 81 ° 41' 30" W, a distance of 96.00 feet to the place of BEGINNING. HAVING thereon erected a 2 story brick and aluminum dwelling known and numbered as 13 Park Hills Drive, Mechanicsburg, PA 17055. SUBJECT to pole lines, easements, restrictions and building lines of record. SUBJECT to Protective Covenants recorded in the Cumberland County Recorder of Deeds Office on January 13, 1969 in Miscellaneous Book 184, Page 405, as amended. Parcel 42-27-1886-002 BEING THE SAME PREMISES WHICH Kenneth E. Weaver and Sandra B. Weaver by deed dated 5/23/07 and recorded 5/29/07 in Cumberland County Record Book 280 Page 840, granted and conveyed unto Asif Daood and Leah M. Daood, his wife. UNDER AND SUBJECT to and together with prior grants and reservations of coal, oil, gas, mining rights-of-way, exceptions, conditions, restrictions and reservations of record, as the same may appear in this or prior instruments of record. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-3721 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U. S. Bank National Association Trustee for the Pennsylvania Housing Finance Agency Plaintiff (s) From Asif Daood Leah M. Daood (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$158,130.90 L.L.$.50 Interest per diem of $22.23 to sale date 12/8/3010 $4,112.55 Atty's Comm % Due Prothy $2.00 Atty Paid $211.90 Other CostsLate charges $213.75 $42.75 per month to sale date 12/8/2010 Plaintiff Paid Escrow Deficit $2,208.00 Date: SEPTEMBER 8, 2010 (Seal) David , Prothonot ry By: Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front St. Harrisburg, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 13 Park Hills Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: al 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. Lisa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 5 da of November. 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-3721 civil US Bank National Association, Trustee for the Pennsylvania Housing Finance Agency VS. Asif Daood Leah M. Daood Atty.: Leon P. Haller ALL THAT CERTAIN lot or piece of land in the Township of Upper Allen, Cumberland County, Pennsylvania, being Lot #4, Block "A", in Plan No. One, Park Hills West Plan of Lots, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20, Page 56 being more particularly bounded and described as follows: BEGINNING at the point on the Northern edge of Park Hills Drive in said Plan where the line dividing Lot #4, herein described, and Lot #5 in said Plan intersects the Northern edge of said drive; thence from said point of beginning and by the East- erly edge of Lot #5 aforesaid N 08° 18' 30" W. a distance of 125.28 feet to a line of lands now or late of Burrell; thence by line of lands of Burrell and Weist N 81" 30'00" E. a distance of 96.00 feet to a point; thence by the Westerly edge of Lot #3 in said Plan S. 08° 18'30" E. a distance of 125.60 feet to a point on the Northerly edge of Park Hills Drive, aforesaid; thence by the Northerly edge of Park Hills Drive S 81" 41'30" W, a distance of 96.00 feet to the place of BEGINNING. HAVING thereon erected a 2 story brick and aluminum dwelling known and numbered as 13 Park Hills Drive, Mechanicsburg, PA 17055. SUBJECT to pole lines, ease- ments, restrictions and building lines of record. SUBJECT to Protective Covenants recorded in the Cumberland County Recorder of Deeds Office on January 13, 1969 in Miscellaneous Book 184, Page 405, as amended. Parcel 42-27-1886-002 BEING THE SAME PREMISES WHICH Kenneth E. Weaver and San- dra B. Weaver by deed dated 5/23/07 and recorded 5/29/07 in Cumber- land County Record Book 280 Page 840, granted and conveyed unto Asif Daood and Leah M. Daood, his wife. UNDER AND SUBJECT to and together with prior grants and res- ervations of coal, oil, gas, mining rights-of-way, exceptions, condi- tions, restrictions and reservations of record, as the same may appear in this or prior instruments of record. 27 The Patriot-News Co. 2620 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePatti* ot-News Now you know 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 This ad ran on the date(s) shown below: 10/15/10 10/22/10 P 10/29/10 Sworn to and'aubscribe ore this'dd Aay of November, 2010 A.D. Notary Public COMMONWVALTH OF PENNSYLVANM Sherrie L Klsrw, NNotary Public L Lower Paxton Twp,, Dauphin County MY CAmmLssion Expires Nov. 26 20 Member, Penn 111 isYhidnfa ASS<x atinn Nrna, ie 2010-3721 C" Toren u for the ronn"ft"a "Ous" Fiwonm Agoncy Vs` ANN oaood Leah M. E1"W Any: Leo" P. Haller ALL THAT CERTAIN lot or piece of land in the TRMnship of Upper Allen' Cumberland County, PennsyWarua, being Lot #4, Black "A', in Plan No. One, Park Hills West Plan of Lots' recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20, Page 56 being more particularly bounded and desctibed as follows: BEGINNING at the point on the Northern edge of Park Hills Die in said Plan where the line dividing Lot #4, herein described, and Lot #5 in said Plan intersectsthe Northern edge of said drive; thence from said point Of beginning aforesaid and by the Easterly edge of N 08° 18' 30" W. a distance of 125.28 feet to a line of lands now or late of Burrell; thence by line of lands of Burrell and Weist N 81° 30'00" E. a distance of 96.00 feet to a point; thence by the Westerly edge of Lot #3 in said Plan S. 08° ig' 30" E. a distance of 125.60 feet to a point on the Northerly edge of Park Hills Drive, aforesaid; thence by the Northerly edge Of 96.00 Hills Drive S 91'41'30" W, a distance feet to the place of BEGINNING, and HAVING thereon erected a 2 story brick aluminum dwelling known and numbered as 13 Park Hills Drive, Mechanicsburg, PA 17055. SUBJECT to pole lines, easements, restrictions and building be, of record S'UBJECr to protective' Covenants recorded in the Cumberland County Record" of Deeds Office on January 13; 1969 in Miscellaneous Book 184, Page 405, as amended Parcel42-27-18M-002 BEING THE SAME PREMISES WHICH Kenneth E. Weaver and Sandra B. Weaver by deed dated 5M/M and recorded Y29107 in Cumberland County Record Book 280 Page goo, granted and conveyed unto Asif Daood and Leah M'. Daood, his wife. UNDER AND SUBJECrto and together with prior grants and reservations of coal, oil, gas. mining rights-of-way, exceptions, conditions, restrictions and reservations of record, as the same may appear in this or prior instruments of record. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 10-3721 CIVIL U.S. BANK NATIONAL ASSOCIATION TRUSTEE Total Judgment Amount $158,130.90 FOR THE PENNSYLVANIA HOUSING FINANCE Interest $12,115.35 AGENCY, Per diem of $22.23 to sale PLAINTIFF date 12/7/2011 Late Charges $641.25 VS. $42.75 per month to sale date 12/7/2011 ASIF DAOOD AND Escrow Deficit $2,945.00 LEAH M. DAOOD, DEFENDANT(S) TOTAL WRIT $173,832.50 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, December 07, 2011 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: July 6, 2011 Attorney for Plaintiff 1719 North Front Street P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: am ? r:t? ;- ci a < E a zo ? N -?- r i t 0 m-5 Lt. W /pA To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 C s Date: 9 V* eau co? a W%A lcq-qb C.B R ?. 0p 144-00 1.1 0D' U 0 PROTHONOTARY/CLERK CIVIL DIVISION BYL EPU Y ? •? ?? ,/, a ?! d it_ #- 1 &6 73 to I A I, ,2 '.- tO-4; TsskfC ALL THAT CERTAIN lot or piece of land in the Township of Upper Allen, Cumberland County, Pennsylvania, being Lot #4, Block "A", in Plan No. One, Park Hills West Plan of Lots, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20, Page 56 being more particularly bounded and described as follows: BEGINNING at the point on the Northern edge of Park Hills Drive in said Plan where the line dividing Lot #4, herein described, and Lot #5 in said Plan intersects the Northern edge of said drive; thence from said point of beginning and by the Easterly edge of Lot #5 aforesaid N 08° 18' 30" W. a distance of 125.28 feet to a line of lands now or late of Burrell; thence by line of lands of Burrell and Weist N 81 ° 30' 00" E. a distance of 96.00 feet to a point; thence by the Westerly edge of Lot #3 in said Plan S. 08° 18' 30" E. a distance of 125.60 feet to a point on the Northerly edge of Park Hills Drive, aforesaid; thence by the Northerly edge of Park Hills Drive S 81 ° 41' 30" W, a distance of 96.00 feet to the place of BEGINNING. HAVING thereon erected a 2 story brick and aluminum dwelling known and numbered as 13 Park Hills Drive, Mechanicsburg, PA 17055. SUBJECT to pole lines, easements, restrictions and building lines of record. SUBJECT to Protective Covenants recorded in the Cumberland County Recorder of Deeds Office on January 13, 1969 in Miscellaneous Book 184, Page 405, as amended. Parcel 42-27-1886-002 BEING THE SAME PREMISES WHICH Kenneth E. Weaver and Sandra B. Weaver by deed dated 5/23/07 and recorded 5/29/07 in Cumberland County Record Book 280 Page 840, granted and conveyed unto Asif Daood and Leah M. Daood, his wife. UNDER AND SUBJECT to and together with prior grants and reservations of coal, oil, gas, mining rights-of-way, exceptions, conditions, restrictions and reservations of record, as the same may appear in this or prior instruments of record. U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. ASIF DAOOD AND LEAH M. DAOOD, DEFENDANT(S) IN THE COURT OF COMMON PLEA S . CUMBERLAND COUNTY, PENNSYLIgNIW CIVIL ACTION LAW =Mm M- z;;0 r r- . NO. 10-3721 CIVIL -<? > a? C r- :z -+ D? IN MORTGAGE FORECLOSURE XC N C) cn AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055: Name and address of the Owner(s) or Reputed Owner(s): ASIF DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 LEAH M. DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN Cumberland County Courthouse Adult Probation 1 Courthouse Square Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 MICHAEL S. TRAVIS, ESQUIRE 3904 TRINDLE ROAD CAMP HILL, PA 17011 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authori Leon aller PA 1. D. # 15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: July 6, 2011 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. ASIF DAOOD AND LEAH M. DAOOD, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-3721 CIVIL IN MORTGAGE FORECLOSURE 7103 = r r J' vy ?. ? CO C? o r Z -+o C rv v? NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 07, 2011 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-3721 CIVIL JUDGMENT AMOUNT $158,130.90 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: ASIF DAOOD and LEAH M. DAOOD l A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. E YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot or piece of land in the Township of Upper Allen, Cumberland County, Pennsylvania, being Lot #4, Block "A", in Plan No. One, Park Hills West Plan of Lots, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20, Page 56 being more particularly bounded and described as follows: BEGINNING at the point on the Northern edge of Park Hills Drive in said Plan where the line dividing Lot #4, herein described, and Lot #5 in said Plan intersects the Northern edge of said drive; thence from said point of beginning and by the Easterly edge of Lot #5 aforesaid N 08° 18' 30" W. a distance of 125.28 feet to a line of lands now or late of Burrell; thence by line of lands of Burrell and Weist N 81 ° 30' 00" E. a distance of 96.00 feet to a point; thence by the Westerly edge of Lot #3 in said Plan S. 08° 18' 30" E. a distance of 125.60 feet to a point on the Northerly edge of Park Hills Drive, aforesaid; thence by the Northerly edge of Park Hills Drive S 81 ° 41' 30" W, a distance of 96.00 feet to the place of BEGINNING. HAVING thereon erected a 2 story brick and aluminum dwelling known and numbered as 13 Park Hills Drive, Mechanicsburg, PA 17055. SUBJECT to pole lines, easements, restrictions and building lines of record. SUBJECT to Protective Covenants recorded in the Cumberland County Recorder of Deeds Office on January 13, 1969 in Miscellaneous Book 184, Page 405, as amended. Parcel 42-27-1886-002 BEING THE SAME PREMISES WHICH Kenneth E. Weaver and Sandra B. Weaver by deed dated 5/23/07 and recorded 5/29/07 in Cumberland County Record Book 280 Page 840, granted and conveyed unto Asif Daood and Leah M. Daood, his wife. UNDER AND SUBJECT to and together with prior grants and reservations of coal, oil, gas, mining rights-of-way, exceptions, conditions, restrictions and reservations of record, as the same may appear in this or prior instruments of record. U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. ASIF DAOOD AND LEAH M. DAOOD, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-3721 CIVIL IN MORTGAGE FORECLOSURE c u NON-MILITARY AFFIDAVIT M? c _ ;v r- _ COMMONWEALTH OF PENNSYLVANIA -<:Z> ' C) 00 SS? ° r c? v ~r COUNTY OF DAUPHIN -?? cr Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscri ed C. i.O bef) me this & day 20 l/ c N P. HALLER, ESQUIRE NOTARIAL SEAL rr,ARYLAND K. FERRETTI, No ary Public Lower Paxton Twp., Dauhin County My G©mmissisn gkblfft 914h,11, d014 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-3721 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff (s) From ASIF DAOOD and LEAH M. DAOOD (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: $158,130.90 L.L.: Interest per diem of $22.23 to sale date 12/7/2011 - - $12,115.35 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $1,100.60 Other Costs: Late Charges - $42.75 per month to sale - $641.25 Plaintiff Paid: Escrow Deficit - $2,945.00 Date: 7/8/11 David D. Buell, Prothonotary (Seal) By; zq?y"A (?N' NO De uty REQUESTING PARTY: Name: LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. ASIF DAOOD AND LEAH M. DAOOD, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-3721 CIVIL IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on aCi I A0 I I , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: ASIF DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 LEAH M. DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 Cumberland County Courthouse Adult Probation 1 Courthouse Square Carlisle, PA 17013 Fit ;zx' cn ? C-j v? =Q ?C-- --a c? mss f...'? C O S r^ cv Members 1St Federal Credit Union 2 `•? o 6 5000 Louise Drive -mot' cv Mechanicsburg, PA 17055 MICHAEL S. TRAVIS, ESQUIRE 3904 TRINDLE ROAD CAMP HILL, PA 17011 By KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W.PURCELLJR. JILL M. WINEKA LISA A. RYNARD ASIF DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 LEAH M. DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 Cumberland County Courthouse Adult Probation 1 Courthouse Square Carlisle, PA 17013 Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 MICHAEL S. TRAVIS, ESQUIRE 3904 TRINDLE ROAD CAMP HILL, PA 17011 HERSHEY (717)533-3836 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by g notified of said Sheriffs Sale. By: P. Haller PA I.D.15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF vs. ASIF DAOOD AND LEAH M. DAOOD, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-3721 CIVIL IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 07, 2011 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-3721 CIVIL JUDGMENT AMOUNT $158,130.90 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: ASIF DAOOD and LEAH M. DAOOD A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALI, THAT CERTAIN lot or piece of land in the Township of Upper Allen, Cumberland County, Pennsylvania, being Lot 44, Block "A", in Plan No. One, Park Hills West Plan of Lots, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20, Page 56 being more particularly bounded and described as follows: BEGINNING at the point on the Northern edge of Park Hills Drive in said Plan where the line dividing Lot #4, herein described, and Lot 45 in said Plan intersects the Northern edge of said drive; thence from said point of beginning and by the Easterly edge of Lot #5 aforesaid N 08° 18' 30" W. a distance of 125.28 feet to a line of lands now or late of Burrell; thence by line of lands of Burrell and Weist N 81 ° 30' 00" E. a distance of 96.00 feet to a point; thence by the Westerly edge of Lot #3 in said Plan S. 08° 18' 30" E. a distance of 125.60 feet to a point on the Northerly edge of Park Hills Drive, aforesaid; thence by the Northerly edge of Park Hills Drive S 81 ° 41' 30" W, a distance of 96.00 feet to the place of BEGINNING. HAVING thereon erected a 2 story brick and aluminum dwelling known and numbered as 13 Park Hills Drive, Mechanicsburg, PA 17055. SUBJECT to pole lines, easements, restrictions and building lines of record. SUBJECT to Protective Covenants recorded in the Cumberland County Recorder of Deeds Office on January 13, 1969 in Miscellaneous Book 184, Page 405, as amended. Parcel 42-27-1886-002 BEING THE SAME PREMISES WHICH Kenneth E. Weaver and Sandra B. Weaver by deed dated 5/23/07 and recorded 5/29/07 in Cumberland County Record Book 280 Page 840, granted and conveyed unto Asif Daood and Leah M. Daood, his wife. UNDER AND SUBJECT to and together with prior grants and reservations of coal, oil, gas, mining rights-of-way, exceptions, conditions, restrictions and reservations of record, as the same may appear in this or prior instruments of record. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 10-3721 AFFIDAVIT OF SERVICE U.S. Bank National Association, Trustee for the Pennsylvania Housing Finance Agency vs Asif Daood and Leah M. Daood Commonwealth of Pennsylvania County of Dauphin ss. I, Casin Frey, a competent adult, being duly sworn according to law, depose and say that at 5:39 PM on 10/19/2011. I served Leah M. Daood at 67 White Dogwood Drive, Etters, PA 17319 in the manner described below: R1 Defendant(s) personally served. ? Adult family member with whom said Defendant(s) reside(s). Relationship is ? Adult in charge of Defendant(s) residence who refused to give name and/or relationship. ? Manager/Clerk of place of lodging in which Defendant(s) reside(s). ? Agent or person in charge of Defendant's office or usual place of business. ? an officer of said Defendant's company. ? Other: a true and correct copy of Notice of Sheriffs Sale of Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.1 issued in the above captioned matter. Description: Sex: Female - Age: 36 - Skin: White - Hair: Blonde - Height: 5' 10" - Weight: 190 X _ Sworn ?to and subscri ejd before me on this Casin trey day of _ 4rY' 20 I1. Shinkowsky Investigations Post Office Box 126538 Harrisburg, PA 17112 (800) 276-0202 NO PUBLIC COMM EAL" li OF PENNSYLVANIA Notarial Seal Atty File#: P01455/36203-10 - Our File# 17146 Jo F Shinkowsky, Notary Public Lower Paxton Twp., Dauphin County My Commission ExoIres Sept. 28, 2014 Law Firm: Purcell, Krug and Haller Address: 1719 North Front Street, Harrisburg, PA, 17102-2392 Telephone: (717) 234-4178 7146 4008 4111 1341 7605 TO: ASIF DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 SENDER: PHFA v. DAOOD REFERENCE:NOS 12/07/11 7146 4006 4111 13% 7812 TO: LEAH M. DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 89NDER: PHFA v. DAOOD REFERENCE: NOS 12/07/11 RETURN Postage RETURN POstage 64 RECE 'T Certhled Fee 85 RECEIPT CeRflied Fee SEM .;E SERVICE . Retum Receipt Fee Retum Receipt Fee ? 30 Restricted Delivery Restricted Delivery 450 Total Postage & Fees Q Total Postage & Fees 0 us Po" Senricee POSTMARK OR DATE us Postal Service* POSTMARK OR DATE Receipt for Receipt for Certified Mail' ? Certified Mail'" Q No kwtxanq Cawrapr Pravidsd No Iroxarox Covens" PiovkNd Do Not Use for kftrrridWW Mal ........................... ......... _......-. ....... _m.-- Do Not UN for InWna*mW Mal - ---- .. -.._..._..-.,.. » ..... _ ...... ..- _°..-..._....... . - ? - PENNSYLVANIA HOUSING FINANCE AGENCY v. ASIF DAOOD LEAH M. DAOOD Cumberland County Sale 12/7/2011 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: ASIF DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 38-t) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: LEAH M. DAOOD 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary , mail addressed to: Postmark: Cumberland County Courthouse Adult Probation 1 Courthouse Square Carlisle, PA 17013 F o Pies P% PISNf:Y BOWES 02 IKA 01.15° 0004284324 JUL29 2011 MAILED FROM ZIP CODE 1 710 2 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TENANT/OCCUPANT 423 PARK HILLS DRIVE MECHANICSBURG, PA 17055 Postage: .._/ FS POS) r PIINFY pp5NF5 $ 01.15° 02 iM 0004284324 JUL29 2011 MAILED FROM ZIP GODS 1 710 2 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (n compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: MICHAEL S. TRAVIS, ESQUIRE 3904 TRINDLE ROAD CAMP HILL, PA 17011 ', VITNEV BOWES 02 W $ 41.150 0004284324 JUL 29 2011 MAILED FROM ZIP CODE 1 710 2