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Home My WebLink About01-1831FEDERMAN AND PHELAN, LLP By' FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392-0780 Vo Plaintiff JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Ot CUMBERLAND COUNTY CIVIl. ACTION- LAW COMPIJAINT IN MORTGAGE FORECIJOSIIRE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAW~YER 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #' 11306354 , , , o Plaintiff is PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392-0780 The name(s) and last known address(es) of the Defendant(s) are: JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/3/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST NATIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1373, Page 826. By Assignment of Mortgage recorded 7/3/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 551, Page 563. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and ali interest due thereon are collectible forthwith. o The following amounts are due on the mortgage: Principal Balance Interest 9/1/00 through 4/1/01 (Per Diem $14.57) Attorney's Fees Cumulative Late Charges 4/3/97 to 4/1/01 Cost of Suit and Title Search Subtotal $64,468.63 3,103.41 3,223.00 340.73 550_00 $71,685.77 Escrow Credit 532.64 Deficit 0_0O Subtotal ($ 532.64) TOTAL $71,153.13 , 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. , This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $71,153.13, together with interest from 4/1/01 at the rate of $14.57 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /~q/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THAT CERTAI~ lot or piece o£ ground situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, described in accordance with a survey and plan thereof, dated May 19, 1979, by Gerrit J. Betz Associates, Inc., Engineers and Surveyors, as follows, to wit: BEGINNING at a poi.~t on the Southerly rig.,=-of-way line of Erford Road (East) said point being 262.1'; fee~ East of the Southeas= corner of Matthew Road and Erfo~d Road feast) ; thence from said b.~ginning point and along the aforesaid Southerly right-of-way line of Erford Road (East), by a curve deflecting t.) the right having a radius of 280 feet, an arc distance of 51 feet to a point, a corner of lands now or late of Elliot ~B. Sachs, et tx; thence along the South 15 degrees 2'2 minutes 58 seconds West 122.88 feet to a point in line of 1,lnds now or late of William A. Thorne; thence along the same, North 68 ~egrees 22 minutes 15 seconds West 29.71 feet ~o a point, a corner of lands now or late of Larry E. Kuntz; thence along the same North 4 degrees 56 minutes 47 seconds East 116.95 feet to a point, ~he place of BEGINNING. BEING Lo= No. 4X, ~lock J, Plan No. 8 of Rid~ey Park, =ecorde~ in Plan ~ook 16, Page 49. MAVING thereon erected a two Story brick dwelling known as No. 712 Erford Road. SEING the same Premises which Anis A. Tyeb and A. 9'yeb, joint tenants, by their deed dated September 20, 1982 and recorded October 14, 19~2, in the Recorder of Deeds Office in and for Cumberland CounEy, Pennsylvania, in Deed Book X. Volume 29, Page 975, granted and conveyed unto Amis A. Tyeb and Roohl A. Tyeb, his wife, Grantors herein. TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, thereof. AND ALSO, all the estate, righ=, title, interest, property, possession, claim, and demand whatsoever, as well in law as An equity, of the said Parties of the first part, of, in or to the above described premises. TO HAVE AND TO HOLD, all and singular, the above mentioned and described premises, together with the appurtenances, unto the said Parties of the second part, their heirs, and assigns, to their own Prober use, benefit, and behoof forever. AND the said parties of the first part, the above described and hereby granted and released premises, and every Part and Parcel thereof, with the appurtenances, unto the said Parties of the second part, their heirs and assigns, against the said Parties of the first part and thelr heirs, and against all and every person or persons whomsoever law~ully claiming or to claim the same, shall and will warrant specially the property hereby conveyed. have hereunto set their hands and seals the day and year first above written. VERIFICATION VICKIE JAKSICH hereby states that she is MANAGER OF FORECLOSURE of PRINCIPAL RESIDENTIAL MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized t° take this Verification, and that the Statements made in the foregoing Civil. Action in Mortgage Foreclosure are tree and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE' .. '. CASE NO- 2001-01831 P SHERIFF' S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA- COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORT INC VS SHAH JALAL M ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who bein~ duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHAH JALAL M the DEFENDANT , at 0014-50 HOURS, on the llth day of April , 2001 at 712 ERFORD ROAD CAMP HILL, PA 17011 by handing to WASIF J. SHAH (ADULT SON) a true and attested copy of COMPLAINT - MORT FORE together wi th NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs- Docketin9 Service Affidavit Surcharge So Answers- 9.30 .00 ' Sworn and Subscribed to before me this ~---[.~ day of A.D. L/ - p~o~ho~otary. ~ 10.00 R. Thomas Kline .00 37.30 04/11/2001 FEDERMAN & PHELAN B Dep~t~/Sherl~f f CASE NO- 2001-01831 P SHERIFF' S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA- COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORT INC VS SHAH JALAL M ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHAH HAMID J the DEFENDANT , at 0014-50 HOURS, on the llth day of April , 2001 at 712 ERFORD ROAD CAMP HILL, PA 17011 by handing to WASIF J. SHAH (ADULT SON) a true and attested copy of COMPLAINT - MORT FORE together wi th NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs- Docketing Service Affidavit Surcharge 6.00 .00 .00 Sworn and Subscribed to before me this ~i~ day of So Answers- 10.00 R. Thomas Kline .00 16.00 04/11/2001 FEDERMAN & PHELAN By- Deputy Shermff · CASE NO: 2001-01831 P SHERIFF' S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORT INC VS SHAH JALAL M ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHAH SAQIB J the DEFENDANT , at 0014-50 HOURS, on the llth day of April at 712 ERFORD ROAD CAMP HILL, PA 17011 WASIF J. SHAH (ADULT SON) by handing to a true and attested copy of COMPLAINT - MORT FORE NOT I CE , 2001 together wi th and at the same time directing His attention to the contents thereof. Sheriff's Costs- Docket ing 6.00 Service .00 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this ~~~ day of ~ Prot.)ior~ot ary 0 So Answers: R. Thomas Kline .00 16.00 04/11/2001 FEDERMAN & PHELAN By- Deputy ~eriff ~ FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215~563_:7000 Principal Residential Mortgage, Inc. Plaintiff Jalal M. Shah Hamid J. Shah Saqid J. Shah Defendants ATTORNEy FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 01-01831 PRAECIPE TO THE PROTHONOTARy: Date:~ ~Please mark the above referenced case Discontinued and Ended without prejudice. ~Please mark the above referenced case Settled, Discontinued and Ended. ~Please mark Judgments satisfied and the Action settled, discontinued and ended. ~Please Vacate the judgment entered and mark · ended without prejudice, the actmn discontinued and X---~._._Please withdraw the complaint and mark the action discontinued and ended without prejudice. Francis S. Hallinan, Esquir~-~ Attorney for Plaintiff