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HomeMy WebLinkAbout11-7309PHELAN HALLINAN & SCHMIEG, LLP Melissa Scheiner, Esq., Id. No.308912 1617 JFK Boulevard Suite 1400 = +"" i?„[1 +{0 , One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 k,?,b3?t7 COI; BANK OF AMERICA, N.A. SB/M TO BAP- 4-LOANS SERVICING, LP F/K/A COUNTRYWIDE COURT OF COMMON PLEAS HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE CIVIL DIVISION PLANO, TX 75024 TERM Plaintiff p, ` (? '?Vi' V ?? II V. J 1 - NO. NAHEED A. SAMAD FARISHTA GHAFOORI 316 SHERMAN AVENUE CARLISLE, PA 17013-1680 Defendants CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 262735 0-S C! k' « gg, ?a?soo? NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 262735 Plaintiff is BANK OF AMERICA, N.A. S/B/M TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: NAHEED A. SAMAD FARISHTA GHAFOORI 316 SHERMAN AVENUE CARLISLE, PA 17013-1680 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/29/2007 NAHEED A. SAMAD and FARISHTA GHAFOORI made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICAN STERLING BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1981, Page 2930. By Assignment of Mortgage recorded 03/04/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201107230. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified Pile #: 262735 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage as of 08/15/2011: Principal Balance $175,797.82 Interest $12,321.47 08/01/2010 through 08/15/2011 Late Charges $238.28 Property Inspections $110.00 Property Preservation $84.00 Mortgage Insurance Premium / $776.57 Private Mortgage Insurance Escrow Deficit $2,962.14 Subtotal $192,290.28 Suspense Credit 214.15 TOTAL $192,076.13 7 8. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff File #: 262735 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $192,076.13, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN ALLIN N & SCHMIEG, LLP By. «(._ Attorney for Plaintiff AKII, Pile #: 262735 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or lot of land, together with improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, being shown as Lot 12 on the Final Subdivision Plan for Keystone Arms prepared by Rettew Associates, Inc. dated February 27, 2004, Drawing No. 023337-01, recorded in the Office of the Recorder of Deeds in and of Cumberland County, Pennsylvania in Book 90, Page 61, being commonly known as 316 Sherman Avenue and being more fully described as follows to wit: BEGINNING at a point on the western right of way line of Sherman Avenue at the southeast corner of Lot 11; thence along said right of way line South thirty-five degrees twenty-six minutes forty-one seconds East (S 35 degrees 26 minutes 41 seconds E) a distance of forty-six and zero hundredths (46.00) feet to a point at the northeast corner of Lot 13; thence along said Lot South fifty-four degrees thirty-three minutes nineteen seconds West (S 54 degrees 33 minutes 19 seconds W) a distance of one hundred fifty-three and twenty-six hundredths (153.26) feet to a point on the eastern right of way line of Abrams Avenue; thence along said right of way line North twenty-three degrees ten minutes zero seconds West (N 23 degrees 10 minutes 00 seconds W) a distance of forty-seven and eight hundredths (47.08) feet to a point at the southwest corner of Lot 11; thence along said lot North fifty-four degrees thirty-three minutes nineteen seconds East (N 54 degrees 33 minutes 19 seconds E) a distance of one hundred forty- three and twenty-five hundredths (143.25) feet to a point, the point of BEGINNING. ALSO BEING the same premises identified as Unit 12 in the Declaration of Covenants and Restrictions for Keystone Arms, a planned community recorded in Book 725, Page 2457 as amended by a First Amendment to Declaration of Covenants and Restrictions for Keystone Arms, a planned community recorded in Book 729, Page 478 ('Declaration'). PROPERTY ADDRESS: 316 SHERMAN AVENUE, CARLISLE, PA 17013-1680 PARCEL # 29-07-0467-022 File #: 262735 VERIFICATION M K -r-rti if- s "t' A 5 S i 5 fQ- i V f c- 14 %c Ad -k* S _,hereby states tha he he is h I LS a C A-1 of, BANK OF AMERICA, N.A. S/B/M TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff in this matter, tha he/ he is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best o "s er 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. gam- c.0& Name: MAtrl+tl.,a T MicHOLAS DATE: Se94e,?-btr to , zc Title: RsS%s+A-+ V,co- Prc5rAe,' t BANK OF AMERICA, N.A. SB/M TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP File #: 262735 Name: SAMAD File #: 262735 SHERIFF'S OFFICE OF CUMBERLANI r r , Ronny R Anderson Sheriff t SEP 79 Jody S Smith °'? Chief Deputy '??t?'S ? Richard W Stewart Solicitors z: F r„ Bank of America, NA vs. Case Number Naheed A. Samad (et al.) 2011-7309 SHERIFF'S RETURN OF SERVICE 09/23/2011 02:55 PM - William Cline, Corporal, who being duly sworn according to law, states that on September 23, 2011 at 1454 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Naheed A. Samad, by making known unto Farishta Ghafoori, Sister of Defendant at 316 Sherman Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and ai the same time handing to her personally the said true and correct copy of the same. WILLI LINE, DEPUTY 09/23/2011 02:54 PM - William Cline, Corporal, who being duly sworn according to law, states that on September 23, 2011 at 1454 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Farishta Ghafoori, by making known unto herself personally, at 316 Sherman Avenue, 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. WIL M CLINE, EPUTY SHERIFF COST: $50.00 September 26, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF c' ow?!? a? to Sh?:n•i (e ,::.:Pt. ?... WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO I1-7309 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff (s) From NAHEED A. SAMAD, FARISHTA GHAFOORI (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: $192,076.13 L.L.: $.50 Interest from 11/15/11 to Date of Sale ($31.57 PER DIEM) - $6,471.85 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $187.00 Other Costs: Plaintiff Paid: Date: 2/13/12 David D. Buell, Protho ota (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff : v NAHEED A. SAMAD FARISHTA GHAFOORI Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 11/15/2011 to Date of Sale ($31.57 per diem) TOTAL Note: Please attach description of property. PHS # 262735 d so. mgr a 19 oo « N TrA NO.: 11-7309-CIVIL CUMBERLAND COUNTY $192,076.13 $6,471.85 rev =? m urr` <> w *? A yy,?c c? z ? ?? 7 P (1an Hallinan & Schmieg, LLP o I hn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff $198,547.98 VD, as-ba ?. 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Z. r W o; o r?o,? 3W W y a, on ? o an w?Q w 0 oWf 0 ? w d ? xw? v Cf) w r ao Q M Q a on $w u v LEGAL DESCRIPTION ALL that certain piece, parcel, or lot of land situate between Abrams Avenue and Sherman Avenue in North Middleton Township, Cumberland County, Pennsylvania, and being more fully bound and described as follows: BEGINNING at a point on the western right-of-way line of Sherman Avenue at the southeast corner of Lot 11; thence along said right-of-way line S 35 degrees 26 minutes 41 seconds E a distance of 46.00 feet to a point at the northeast corner of Lot 13; thence along said lot S 54 degrees 33 minutes 19 seconds W a distance of 153.26 feet to a point on the eastern right-of-way line of Abrams Avenue; thence along said right-of-way line N 23 degrees 10 minutes 00 second W a distance of 47.08 feet to a point at the southwest corner of Lot 11; thence along said lot N 54 degrees 33 minutes 19 seconds E a distance of 143.25 feet to a point, the point of BEGINNING. CONTAINING 6,820 square feet and being Lot 12 of Keystone Arms. ALSO BEING the same premises identified as Unit 12 in the Declaration of Covenants and Restrictions for Keystone Arms, a planned community recorded in Book 725, Page 2457 as amended by a First Amendment to Declaration of Covenants and Restrictions for Keystone Arms, a planned community recorded in Book 729, Page 478 ('Declaration'). TITLE TO SAID PREMISES VESTED IN Naheed A. Samad, an adult individual, and Farishta Ghafoori, an adult individual, as tenants in common each as to an undivided interest, their personal representatives and heirs and assigns, by Deed from Keystone Arms Associates, LLC., dated 01/25/2007, recorded 02/05/2007 in Book 278, Page 3449. PREMISES BEING: 316 SHERMAN AVENUE, CARLISLE, PA 17013-1680 PARCEL NO. 29-07-0467-022 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 t= 4{_-U?:: 1617 JFK Boulevard, Suite 1400 O THE ROTHONOTARI One Penn Center Plaza Philadelphia, PA 19103 2012 FEB 13 AM 10: 2 0 215-563-7000 CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff V NAHEED A. SAMAD FARISHTA GHAFOORI Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 11-7309-CIVIL : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By. /hnich?ael hnan & Schmieg, LLP Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff 11 V. NAHEED A. SAMAD FARISHTA GHAFOORI Defendant(s ) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7309-CIVIL CUMBERLAND COUNTY PHS # 262735 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 316 SHERMAN AVENUE, CARLISLE, PA 17013-1680. I . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) a C e _ NAHEED A. SAMAD 316 SHERMAN AVENUE MCD CARLISLE, PA 17013-1680 ca row; tf 3> "< c"3 FARISHTA GHAFOORI 316 SHERMAN AVENUE CARLISLE, PA 17013-1680 <a a+• o ri 3y c-) c? Z O G Q C? -tf' 2. Name and address of Defendant(s) in the judgment: zv Name Address (if address cannot be reasonably ~< ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment cre ditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) KEYSTONE ARMS RENTAL TOWNHOMES 163 WESTPOINT DRIVE CARLISLE, PA 17013 KEYSTONE ARMS RENTAL TOWNHOMES 214 WESTPOINT DRIVE CARLISLE, PA 17013 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name TENANT/OCCUPANT Address (if address cannot be reasonably ascertained, please indicate) 316 SHERMAN AVENUE CARLISLE, PA 17013-1680 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authoritigs.,,,- Date: lZ By: Ph an Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING, LP FWA . COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO.: 11-7309-CIVIL VS. , r., .,..' OWT? CUMBERLAND NAHEED A. SAMAD -n ? rn rn f- ? FARISHTA GHAFOORI ? a? -, a Defendant(s) `"•cs" w `.A. .cc3 y c)-rl Z"C7 M =C =F fir.. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY y -i TO: NAHEED A. SAMAD FARISHTA GHAFOORI 316 SHERMAN AVENUE CARLISLE, PA 17013-1680 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 316 SHERMAN AVENUE, CARLISLE, PA 17013-1680 is scheduled to be sold at the Sheriff s Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $192,076.13 obtained by BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-7309-CIVIL BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP VS. NAHEED A. SAMAD FARISHTA GHAFOORI owner(s) of property situate in NORTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 316 SHERMAN AVENUE, CARLISLE, PA 17013-1680 Parcel No. 29-07-0467-022 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $192,076.13 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain piece, parcel, or lot of land situate between Abrams Avenue and Sherman Avenue in North Middleton Township, Cumberland County, Pennsylvania, and being more fully bound and described as follows: BEGINNING at a point on the western right-of-way line of Sherman Avenue at the southeast corner of Lot 11; thence along said right-of-way line S 35 degrees 26 minutes 41 seconds E a distance of 46.00 feet to a point at the northeast corner of Lot 13; thence along said lot S 54 degrees 33 minutes 19 seconds W a distance of 153.26 feet to a point on the eastern right-of-way line of Abrams Avenue; thence along said right-of-way line N 23 degrees 10 minutes 00 second W a distance of 47.08 feet to a point at the southwest corner of Lot 11; thence along said lot N 54 degrees 33 minutes 19 seconds E a distance of 143.25 feet to a point, the point of BEGINNING. CONTAINING 6,820 square feet and being Lot 12 of Keystone Arms. ALSO BEING the same premises identified as Unit 12 in the Declaration of Covenants and Restrictions for Keystone Arms, a planned community recorded in Book 725, Page 2457 as amended by a First Amendment to Declaration of Covenants and Restrictions for Keystone Arms, a planned community recorded in Book 729, Page 478 ('Declaration'). TITLE TO SAID PREMISES VESTED IN Naheed A. Samad, an adult individual, and Farishta Ghafoori, an adult individual, as tenants in common each as to an undivided interest, their personal representatives and heirs and assigns, by Deed from Keystone Arms Associates, LLC., dated 01/25/2007, recorded 02/05/2007 in Book 278, Page 3449. PREMISES BEING: 316 SHERMAN AVENUE, CARLISLE, PA 17013-1680 PARCEL NO. 29-07-0467-022 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF' CUMBERLAND COUNTY t _ BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO r? ` f BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE PHS # 262735 HOME LOANS SERVICING, LP DEFENDANT SERVICE TEAM/ lxh NAHEED A. SAMAD COURT NO.: 11-7309-CIVIL ,f n ??A??? FARISHTAGHAFOORI PENNSYLVANIA SERVE FARISHTA GHAFOORI AT: 316 SHERMAN AVENUE CARLISLE, PA 17013-1680 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 6, 2012', SERVED ?,,? ?-?i-, 20 ?-. at Served and made known to FARISHTA GHAFOORL Defendant on the ai day of J ??? a:66, o'clock _P. M., at 1? I b 50f9M4-N r- Q4AUSeE,P , in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name 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: _ Descrjiition_ Age &AV Height 5'? Weight C 15 Race W Sex F Other I, P 0 gk-0 , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. ,Sec. 4904 relating to unsworn falsification to authorities. DATE: f ?- NAME: PRINTED NAME:- TITLE: " ld ?- TITLE: -- bcess S;fiaI/;-:K NOT SERVED On the `_ day of , 20_, at ! o'clock _. M., Defendant NOT FOUND because: Vacant - Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at _at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 ChrisovalanteP. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 PLAINTIFF BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP DEFENDANT NAHEED A. SAMAD FARISHTA GHAFOORI SERVE NAHEED A. SAMAD AT: 316 SHERMAN AVENUE CARLISLE, PA 17013-1680 PHS # 262735 SERVICE TEAM/ 1xh COURT NO.: 11-7309-CIVIL TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: June 6, 2012 r. , i f IG? 67. P R -8 AV 9: r9 'LIMBIRLANC COUNTY PENNSYLVANIA SERVED Served and made known to NAHEED A. AM AD, Defendant on the `LI sLy of Ff-?44/-Y, 20 `. at 00, o'clock . M., at 311 54-4ew(d ke, IS1...6 IPA_ in the manner described below: Defendant personally served. _? Adult family member with whom Defendant(s) reside(s). Relationship is 644TCA _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Desc tion: Age 265 Height 5T Weight 1 Race W Sex F Other I,p-C.h6 a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. pDATE: ?a I (? NAME: v V TTTT PRINTED NAME: TITLE: NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification w authorities. BY: PRINTED NAME: AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq.. Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No_ 312314 I() 0 5 . i'R -2 F t :. . 'ENNS`t'LVA NI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff V. NAHEED A. SAMAD FARISHTA GHAFOORI Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 11-7309-CIVIL RULE AND NOW, this day o 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. e ou am i an no e ' BY THE C U T Thomas A. Placey Common Pleas Judge 262735 - , Robert W. Cusick, Esq., Id. No.80193 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 NAHEED A. SAMAD FARISHTA GHAFOORI 316 SHERMAN AVENUE CARLISLE. PA 17013-1680 rs ma. 262735 262735 A J Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff vs. NAHEED A. SAMAD FARISHTA GHAFOORI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County ; No : 11-7309-CIVIL . CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 2, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. NAHEED A. SAMAD FARISHTA GHAFOORI 316 SHERMAN AVENUE CARLISLE, PA 17013-1680 ?p / ? lan Hall an & Schmie P DATE: l G? By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 262735 w Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax 215-568-7616 Anastasia Graham Legal Assistant Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 No.: 11-7309-CIVIL Re: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP VS. NAHEED A. SAMAD, and FARISHTA GHAFOORI No.: 11-7309-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.1 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/06/2012 Sheriff Sale.** IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Very truly yours, By: cc: Sheriff of CUMBERLAND County Phelan Hallinan & Schmieg, LLP Anastasia Graham, Legal Assistant ?';wLU`t7F f;L ` E PPOTIHON ?T;?i ?Q12MAY 14 AM 9: co CUMBERLAND CQUNT" PENNSYLVANIA Representing Lenders in Pennsylvania and New Jersey PHS # 262735 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS SERVICING, LP Plaintiff, CIVIL DIVISION V. No.: 11-7309-CIVIL NAHEED A. SAMAD FARISHTA GHAFOORI Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and 9s amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached l"9)ExhjWt "A". Date: sl?d?/Z hael Kolesnik, Esquire for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 262735 b -? n ?5 t, OYZ y vi A w t r .. _ -* R. w a cr E3 r3 rn co a o.. ;n a x- x- x- x• ? x- x• is x' x• x• x• x- Z '? x• ? ? x- x- x- c -e A w N f?D ? C' O 7 "+i b d } W n d O' k2 x n. n W ""] z 'b O .ti t2l .0, rb AD 'a 3' n. z oo C/] Cn y o0 0 °-?' O ° ° ° Z. t=i a W t? > a t? w = Q 10 oo ; c o° vsviiptiviipu`at=r1 ob 5.5 »r oN`ti?a xJ?HZt""Hztnte ? f?l7dw ^n ?.?Gf/?C! m a w d eobCrJ`dCrl?'Oa g' rn p "y da s 5'•,ee aao bu'°, io f??' .tip >> a,.?oe ° - < oo m °a o az?az?znea y? o Yo eo e.N? o a?'b ..? o'odcnoOmo<a n 00 o ° `"'w w wz °Ww eb c oo ? k atnD ? e '. t?? L= a?th ?. cn ee d o °9 C J a?AH• ? r r. ? OOC" A ° °' H H a ty m? C0 ?. e d O O o o' ? a O O H rA vi a I? n c N d c 'x .T . c. h 3 0. O " ? J _N N 0 '! y.QO°t ?', m o0 o n A r, C n n C P ,7+a N -?i n n C ..y 0 . g n 'o c m o ? n o fl w 'j <o n ti YF n9 m? rz. w x v O O ? O iG ? ? ? fe e ? N O n X n A ? Q s - y ? x u do ? 3 m ? n' n o ? -2 N y y O O? O O? N N »9 f Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff vs. NAHEED A. SAMAD FARISHTA GHAFOORI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-7309-CIVIL MOTION TO MAKE RULE ABSOLUTE BANK OF AMERICA, N.A., AS SUCCESSOR. BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on March 26, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on March 16, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 262735 , J Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Thomas A. Placey on or about April 2, 2012 directing the Defendants to show cause by April 23, 2012 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit 13. 4. The Rule to Show Cause was timely served upon all parties on April 6, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of April 23, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Phelan awn 8?- ieg, LLP DATE: _?> Allison e s, Esquire Attorne'v Plaintiff 262735 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey March 16, 2012 NAHEED A. SAMAD FARISHTA GHAFOORI 316 SHERMAN AVENUE CARLISLE, PA 17013-1680 RE: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP v. NAHEED A. SAMAD and FARISHTA GHAFOORI Premises Address: 316 SHERMAN AVENUE CARLISLE, PA 17013 CUMBERLAND County CCP, No. 11-7309-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 21, 2012. Should you have further questions or c cents, please do not hesitate to contact me. Otherwise, please be guided acc,01-tfi Very truly ytr s; Allison F. ' cll If Esquire Enclosure Exhibit "B" ?] d -2 2: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff Court of Common Pleas Civil Division CUMBERLAND County v, NAHEED A. SAMAD FARISHTA GHAFOORI Defendants No.: 11-7309-CIVIL RULE AND NOW, this_2 day o. " 0% 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. e ou am i an no e ' BY THE CUT Thomas A. Placey Common Pleas Judge 262735 Exhibit "C" Phelin I lallinan & Schnnieg, LLP Meli sJFK Cantwell, Id. No.30891?104/Vtyfkt 2 C, o ff' >IZ ?I1 ?' FOR PLAINTIFF F; Suite 1400? One Perm Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff vs. NAHEED A. SAMAD FARISHTA GHAFOORI Defendants Court of Common Pleas Civil Division t3l IY1131 RL;AND Courity No.: 11-7309-CV l l CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 2, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuji-s on t;ic (I't-A?in-dic,ited below, NAHEED A. SAMAD FARISHTA GHAFOORI 316 SHERMAN AVENUE CARLISLE, PA 17013-1680 1 h1?u I lall an & Schnee DATE: J '. By: ?- Melissa J. Cantwell, Esquire Attorney for Plaintiff 262735 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff Court of Common Pleas Civil Division CUMBERLAND County VS. NAHEED A. SAMAD FARISHTA GHAFOORI Defendants No.: 11-7309-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following individuals on the date indicated below. NAHEED A. SAMAD FARISHTA GHAFOORI 316 SHERMAN AVENUE CARLISLE, PA 17013-1680 Phelan Hal ' c mieg, LLP B DATE: t F. lls, Es e Attorney for P amtiff 262735 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff vs. NAHEED A. SAMAD FARISHTA GHAFOORI Defendants U Civil Division CUMBERLAND Coun?; r.., N ch m No.: 11-7309-CIVIL-u-C MCD -> C.. ORDER AND NOW, this,So#'da, of , 2012, upon consideration of Plaintiff's VAJZq Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 6, 2012 Per Diem $32.42 $175,797.82 $21,917.03 Late Charges $238.28 Legal fees $1,325.00 Cost of Suit and Title $889.50 Property Inspections $254.00 Mortgage Insurance Premium/ Private Mortgage Insurance $1,318.49 Escrow Deficit $4,069.01 TOTAL $205,809.13 Plus interest from June 6, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: Thomas A. iacey Common Plea Judge 262735 SHERIFF'S OFFICE OF CUMBERLANyP COUNTY Ronny R Anderson Sheriff T; ?tix?w? ?tsur?kir ???? L 9 2 It Jody S Smith ?` i! ari. Chief Deputy Richard W Stewart it Solicitor 0,'P ICE c,F'WE ERiFF GEPJ S `;'' Bank of America, NA vs. Case Numbe Naheed A. Samad (et al.) 2011-7309 SHERIFF'S RETURN OF SERVICE 03/19/2012 07:19 PM - Deputy Valerie Weary, being duly sworn according to law, states service was performed b posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled actio upon the property located at 316 Sherman Avenue, North Middleton Township, Carlisle, PA 17013, Cumberland County. 03/19/2012 09:15 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Real Esta Writ, Notice and Description, in the above titled action, by making known its contents and at the same personally handing a true copy to a person representing themselves to be JHULAM GHAFOORI - SO who accepted as "Adult Person in Charge" for Naheed A. Samad at 316 Sherman Avenue, North Middleton Township, Carlisle, PA 17013, Cumberland County. 03/19/2012 09:15 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Real Estai Writ, Notice and Description, in the above titled action, by making known its contents and at the same personally handing a true copy to a person representing themselves to be JHULAM GHAFOORI - BROTHER, who accepted as "Adult Person in Charge" for Farishta Ghafoori at 316 Sherman Avenue, North Middleton Township, Carlisle, PA 17013, Cumberland County. 03/29/2012 Affidavit of Service on Naheed A. Samad filed in the Sheriffs Office 03/29/2012 Affidavit of Service on Farishta Fhafoori filed in the Sheriffs Office 06106/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice ha been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10:( AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Lo Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $800.62 SO ANSWERS, July 12, 2012 RONtSY R ANDERSON, SHERIFF ?Pe - C,? . 5e) u c; C:oinntvguito Snenft. Teieosoft Inc a G"` 0 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff V NAHEED A. SAMAD FARISHTA GHAFOORI Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7309-CIVIL CUMBERLAND CO PHS # 262735 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 316 SHER AVENUE, CARLISLE, PA 17013-1680. 1. Name and address of Owner(s) or reputed Owner(s): Name NAHEED A. SAMAD FARISHTA GHAFOORI Address (if address cannot be reasonably ascertained, please so indicate) 316 SHERM:AN AVENUE CARLISLE, PA 17013-1680 316 SHERMAN AVENUE CARLISLE, PA 17013-1680 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to 1 Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be sale. Name Address (if address cannot be reasonably ascertained, please indicate) :/A of the date sold: by the KEYSTONE ARMS RENTAL TOWNHOMES 163 WESTPOINT DRIVE CARLISLE, PA 17013 KEYSTONE ARMS RENTAL TOWNHOMES 214 WESTPOINT DRIVE CARLISLE, PA 17013 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 316 SHERMAN AVENUE CARLISLE, PA 17013-1680 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my persona knowledge or information and belief. I understand that false statements herein are made subject to th penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authoriti Date: By: Ph an Hallinan & Schmieg, LLP J Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO.: 11-7309-CIVIL VS. CUMBERLAND NAHEED A. SAMAD FARISHTA GHAFOORI Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NAHEED A. SAMAD FARISHTA GHAFOORI 316 SHERMAN AVENUE CARLISLE, PA 17013-1680 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION O T WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, WILL THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 316 SHERMAN AVENUE, CARLISLE, PA 17013-1680 is schedul d to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $192,076.13 obtained by BANK OF AME CA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the s le is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. i NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, cost 3 and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the j if the judgment was improperly entered. You. may also ask the Court to postpone the sale for good c2 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIG EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property.. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the prope? y as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) ays after the sale. The schedule shall be kept on file with the sheriff and. will be made available for inspection n his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with t e Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-7309-CIVIL BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP vs. NAHEED A. SAMAD FARISHTA GHAFOORI owner(s) of property situate in NORTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 316 SHERMAN AVENUE, CARLISLE, PA 17013-1680 Parcel No. 29-07-0467-022 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $192,076.13 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 oe LEGAL DESCRIPTION ALL that certain piece, parcel, or lot of land situate between Abrams Avenue and Sherman Avenue in North Middleton Township, Cumberland County, Pennsylvania, and being more bound and described as follows: BEGINNING at a point on the western right-of-way line of Sherman Avenue at the southeast corner of Lot 11; thence along said right-of-way line S 35 degrees 26 minutes 41 seconds E a distance of 46.00 feet to a point at the northeast corner of Lot 13; thence along said lot S 54 degrees 33 minutes 19 seconds W a distance of 153.26 feet to a point on the eastern right-of-w y line of Abrams Avenue; thence along said right-of-way line N 23 degrees 10 minutes 00 seco d W a distance of 47.08 feet to a point at the southwest corner of Lot 11; thence along said lot NI54 degrees 33 minutes 19 seconds E a distance of 143.25 feet to a point, the point of BEGINNING. CONTAINING 6,820 square feet and being Lot 12 of Keystone Arms. ALSO BEING the same premises identified as Unit 12 in the Declaration of Covenants and Restrictions for Keystone Arms, a planned community recorded in Book 725, Page 2457 as amended by a First Amendment to Declaration of Covenants and Restrictions for Keystone Arms, a planned community recorded in Book 729, Page 478 ('Declaration'). TITLE TO SAID PREMISES VESTED IN Naheed A. Samad, an adult individual, and Fari Ghafoori, an adult individual, as tenants in common each as to an undivided interest, their personal representatives and heirs and assigns, by Deed from Keystone Arms Associates, L dated 01/25/2007, recorded 02/05/2007 in Book 278, Page 3449. PREMISES BEING: 316 SHERMAN AVENUE, CARLISLE, PA 17013-1680 PARCEL NO. 29-07-0467-022 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7309 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff (s) From NAHEED A. SAMAD, FARISHTA GHAFOORI (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: $192,076.13 L.L.: $.50 Interest from 11/15/11 to Date of Sale ($31.57 PER DIEM) - $6,471.85 Atty's Comm: °% Due Prothy: $2.25 Atty Paid: $187.00 Other Costs: Plaintiff Paid: Date: 2/13/12 David D. Buell, ProtlhonotZy, (Seal) REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 Deputy TRUE COP hand in Testimony whereo and the seal of sc,,.+ c. 1 N „? 1 ?- a L - -r rSG otnonotar This _...--z- ,,?,ou ?Aw i `?yt On February 14, 2012 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, known and numbered 316 Sherman Avenue, Carlisle, PA, 17013 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: February 14, 2012 By: l ?tµ. For Claudia Brewbaker, Real Estate Coordinator r 1? v? b" Writ No. 2011-7309 Civil Term Bank of America, N.A. as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP vs. Naheed A. Samad and Farishta Ghafoori Atty.: John Michael Kolesnik By virtue of a Writ of Execu- tion NO. 11-7309-CIVIL, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP f/k/a COUNTRY- WIDE HOME LOANS SERVICING, LP vs. NAHEED A. SAMAD, FAR- ISHTA GHAFOORI, owner(s) of prop- erty situate in NORTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being 316 SHERMAN AVENUE, CARLISLE, PA 17013- 1680. Parcel No. 29-07-0467-022. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $192,076- .13. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 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 an, State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La' Journal, a legal periodical published in the Borough of Carlisle in the County and State afores, 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 regularl 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: 27. Mav 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberla Law Journal, a legal periodical of general circulation, and that he is not interested in the subj 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. s Marie oyne, Edito SWORN TO AND SUBSCRIBED before me this Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public' CARLISLE BOROUGH, CUMBERLAND COUNTY , 2014 My Commission Expires Apr 28 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify the Sheriff's Deed in which Federal Home Loan Mortgage Corporation is the grantee the same been sold to said grantee on the 6 day of June A.D., 2012, under and by virtue of a writ Execution on the 13 day of February, A.D., 2012, out of the Court of Common Pleas of said County as of Term, 2011 Number 7309, at the suit of Bank of America, N.A. against Ghafoori is duly recorded as Instrument Number 201221278. IN TESTIMONY WHEREOF, I have reunto set r arA seal of said office this ?K A.D. hand of Rworft of fps„ Q nbeW t PA My Commission Expires t e FW Mwft of 2014 l re rarrior.-nrPws v ,t) 2u20 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFF ICE CUMBERLAND COUNTY COURT HOUSE Now you kni;),,r CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1 ? 29 Commonwealth of Pennsylvania, County of Dau )hin} 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 organi,,ed and Existing under the laws of th Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in thi Township of Hampden, County of Cumberland, State of Pennsylvania, owner and pu )usher of The Patriot-News and The Sundae Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, it the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established Ma,ch 4th, 1854, and September 18th, 949, 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 regula daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor sz id Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this stZltE ment a 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 state ment o i behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted several y by tho stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording c f Deed,, in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2011-7309 nk of Anodes, N.A. as Successor by M rger to SAC Home Loans Servicing, LP f/k/a Countirywlde Home Loans Servicing, LP VS. Naheed A. Samad and Farlshts Ghafoorl Attr. John Michael Kolesnik By virtue of a Writ of Execution NO. 11-7309-CIVEL BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP VS. NAHEED A. SAMAD FARISHTA GHAFOORI owner(s) of property situate in NORTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 31 HERMAN AVENUE, CARLISLE, PA 7013-1680 I No. 2947-0467-022 ( eage or street address) Im ovements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT. $192,076.13 This ad ran on the date(s) shown below: 04,27/12 05,04/12 ?r 05,11/12 Sworn to and subscribed b fore r?e this 22 dqy of May, 2012 A.D. ?f Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherne L. Dwens; Notary Public Lower Paxto i Twp., Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIA111ON OF NOTARIES