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HomeMy WebLinkAbout13-4369 Supreme Cour.-t.of Pennsylvania Q COUrOI CYPleas For Prothonotary Use Only: Civil�CoveA� Sheet ry rib S CUMBE)AND1 X r C o unty Docket No: rq � ❑ 6 / ' \X 1 tc .lf The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: D Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: MASOOD AHMED T I Are money damages requested? El Yes OD No Dollar Amount Requested: El within arbitration limits 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: Melissa J. Cantwell Esq. , Id. No.308912, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment • Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections • Nuisance ❑ Dept. of Transportation • Premises Liability ❑ Statutory Appeal: Other • Product Liability (does not S include mass tort) ❑ Employment Dispute: • Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco • Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Other: ❑ Medical ❑ Other Professional: Pa.R.C.P, 205.5 Updated 01101/2011 PR 0 rUMBERLAND CoLq,jp P DghjS`(LVAN1A PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Melissa.Cantwell@phelanhallinan.com 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: , �f vy & 9 1 U/ vs. MASOOD AHMED GUL BUSHRA 67 JOHNS DRIVE ENOLA, PA 17025 -2694 Defendants. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIE S- BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). Q a 062-PA-V3 2. The Defendants, MASOOD AHMED and GUL BUSHRA, are individuals whose last known address are 67 JOHNS DRIVE, ENOLA, PA 17025 -2694. 3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about November 30, 2010, MASOOD AHMED and GUL BUSHRA made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ALLIED MORTGAGE GROUP, INC., A PENNSYLVANIA BANKING CORPORATION a Mortgage in the original principal amount of $138,218.00 on the premises described in the legal description marked Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201036743. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded November 23, 2011, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201132691. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. MASOOD AHMED and GUL BUSHRA are record and real owners of the aforesaid mortgaged premises. - 7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due February 1, 2013. 062 -PA -V3 8. As of 07/16/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $137,251.54 Interest 01/01/2013 through 07/16/2013 $ 3,249.17 Late Charges $ 234.15 Escrow Deficit $ 194.80 TOTAL $140,929.66 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured. 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. 062 -PA -V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $140,929.66, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: Date: Melissa J. Cantwell, Esq., I . No.308912 Attorney for Plaintiff 062 -PA -V3 Exhibit "A" T r •` MIN: Loan Number: NOTE FHA Case No. NOVEMBER 30, 2010 BALA CYNWYD PENNSYLVANIA (Date] [Cityl (Slate] 67 JOHNS DRIVE, ENOLA, PENNSYLVANIA 17025 Properly Addressl 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means ALLIED MORTGAGE GROUP, INC, A PENNSYLVANIA BANKING CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY: INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED THIRTY -EIGHT THOUSAND TWO HUNDRED EIGHTEEN AND 00/100 Dollars (U.S. $ 138, 218.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of FOUR AND 5 0 0 / 10 0 0 percent ( 4 . 5 0 0 per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on theist day of each month beginning on JANUARY 1, 2011 . Any principal and interest remaining on the 1st day of DECEMBER, 2040 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 7 BALA AVE., STE 108, BALA CYNWYD, PENNSYLVANIA 19004 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 7 0 0 . 3 3 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. MULTISTATE - FHA FIXED RATE NOTE DocMagic0 oD 800- 649•+362 USFHA.NTE 09!25109 Page 1 of 3 www.docmagic.com Usiha.nuxml I (Check applicable box.) ❑ Growing Equity Allonge ❑ Graduated Payment Allonge 0 Other [specify]: 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR AND 0 0 0 / 10 0 0 percent( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances, regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower 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 Lender to demand payment of amounts due. "Notice of Dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. -. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by delivering it or by mailing it by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. 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 MULTISTATE - FHA FIXED RATE NOTE DocMagic Obra= 800-64s -1362 USFHA.NTE 09/25/09 Page 2 of 3 www.docmagic.com Uafha.ntc.xml this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Pv L a yn_ - 4 Sea l ) (Sea ) SOOD ARMED - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower ` WITHOUT RECUURSE WELLS FARGO BALK, NA PAY TO THE ORDER OF 1_ / PAY TO THE ORDER OF WELO FARGO PANK. N.A. Yom' WITHOUT RECOURSE AWED MORTGAGE GROUP, INC. By Scott M. Swanson Assistant -ice President [Sign Original Only] SHANTAN OY CHOWDHURX PRESSDJif MULTISTATE - FHA FIXED RATE NOTE DocMagic 4EYW= 800-649.1362 USFHA.NTE 09125109 Page 3 of 3 www.docmagic.com Who.nIcAmi Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the township of East Pennsboro, county of Cumberland and commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern right -of -way line of Johns drive, at the westernmost comer of lot no 215 on the hereinafter described final subdivision plan; thence along the western line of said lot no, 215, south 41 degrees 37 minutes 47 seconds east, a distance of 155.04 feet to a point on the northern line of lot no. 27, Penn Hills; thence along the northern line of said lot no. 27, south 81 degrees 35 minutes 00 seconds west, a distance of 23.91 feet to a point at the easternmost corner of lot no. 217 on the hereinafter described final subdivision plan; thence along the eastern line of said lot no. 217, north 41 degrees 37 minutes 47 seconds west, a distance of 146.61 feet to a point on the eastern right -of -way line of Johns drive; thence along the eastern right -of -way line of Johns drive by a curve to the left having a radius of 150.00 feet, an arc length of 20.55 feet to a point at the westernmost corner of lot no. 215 on the hereinafter described final subdivision plan, the point and place of beginning. Parcel ID: 001 -15 -1288 -358 Commonly known as 67 Johns Drive, Enola, PA 17025 However, by showing this address no additional coverage is provided PROPERTY ADDRESS: 67 JOHNS DRIVE, ENOLA, PA 17025 -2694 PARCEL #09 -15- 1288-358. File #f: 818147 VERIFICATION Leola McCray, hereby states that he /Q is Vice President Loan Documentation, of WELLS FARGO BANK, N.A., plaintiff in this matter, that he/Q 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 of his er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Leola McCray Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 07/18/2013 File #818147 086 -PA -V2 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNVLV" NIA Plaintiff(s) "' vs. r C MASOOD AHMED GUL BUSHRA �✓ ymcivil Defendant(s) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSAJR=E DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: jU L 2 5 2013 L'_ Date Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: APPLICANT CUSTOM ER/PRI MARY Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primga Reason for Default: Is the loan in Bankruptcy? Yes Q No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: I . Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2n Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. — Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) 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 #: 818147 Wells Fargo Bank,N.A. : IN THE COURT OF COMMON PLEAS 3476 Stateview Boulevard : CUMBERLAND COUNTY, Fort Mill, SC 29715 : PENNSYLVANIA C_> Plaintiff c t •-a z ZZ rn Co V. : Docket No. 13-4369 C„ r-� tV Masood Ahmed ; ,�"�° -e+ Gul Bushra of r 67 Johns Drive : CIVIL ACTION- —r r• Enola, PA 17025 : MORTGAGE FORECLOSURE Defendants REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012, governing the Cumberland County Residential Mortgage Foreclosure Diversions program, the undersigned hereby certifies as follows: 1. Defendant is owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a"Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 N.C.S. §4904 relating to unsworn falsification to authorities. �. �S�ZZf ZCa W re of Defendant's Counsel/Ap rated Date Legal-Representative 41.�-V;) D /a, Signature of Defendant _ Date Wells Fargo Bank,N.A. : IN THE COURT OF COMMON PLEAS 3476 Stateview Boulevard : CUMBERLAND COUNTY, Fort Mill, SC 29715 : PENNSYLVANIA Plaintiff V. : Docket No. 13-4369 Masood Ahmed Gul Bushra : 67 Johns Drive : CIVIL ACTION- Enola, PA 17025 : MORTGAGE FORECLOSURE Defendants CERTIFICATE OF SERVICE I, Jaime M. Haley, Esquire, of MidPenn Legal Services, attorney for the Defendant, Gul Bushra,hereby certify that I am serving a copy of the Praecipe for Entry of Appearance and Request for Conciliation Conference on the Plaintiff, through their attorney, on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Melissa J. Cantwell,Esq. Phelan Hallinan, LLP 1-617 JFK Boulevard, Suite 1400 One Penn Center Philadelphia,PA 19103 MIDPENN LEGAL SERVICES DATE: c Jaime M. Haley, Esquire Attorney for Defendant Supreme Ct. ID #205255 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 Wells Fargo Bank,N.A. : IN THE COURT OF COMMON PLEAS 3476 Stateview Boulevard : CUMBERLAND COUNTY, Fort Mill,.SC 29715 : PENNSYLVANIA Plaintiff o V. : Docket No. 13-4369 a�� c aw �r- N _rT� Masood Ahmed '��' Gul Bushra Z:- 67 Johns Drive : CIVIL ACTION- Enola, PA 17025 : MORTGAGE FORECLOSLM'E Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of MidPenn Legal Services on behalf of the Defendant, Gul Bushra, in the above matter,representing the Defendant in the Cumberland County Residential Mortgage Foreclosure Diversion Program. Respectfully Submitted, MIDPENN LEGAL SERVICES DATE: Jaime M. Haley, Esquire Attorney for Defendant Supreme Ct. ID #205255 401 E.. Louther Street, Ste 103 Carlisle, PA 1701.3 (717)243-9400 SHERIFF'S OFFICE OF CUMBERLAND COUNTY" Ronny RAndereon --- OF ~ Shenff �c T^'—' �T��M��O���y ' � ' ''� ' Jody SSmith ���� �� Chief Deputy �0�� ��� �� �on'�� ��. Richard WStevvart ' ~� Solicitor o��mrnsMR� °°' b& PENN � ' �"r`,.^^� Wells Fargo Bank, N.A.' Case Number vs� | 2O13'43GS �asood Ahmed�teOj | SHERIFF'S RETURN OF SERVICE 08/01/2013 06:22pM-Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy hn o person representing themselves to be the Defendant, to wit: Gut E BushroatG7 John's Drive, East Pennebono. Eno}n. R4i702S. AMANDA Cvo°uGn. ucrv/ y / �� | 08102/2018 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry ` for the within named Defendant to wit: Masood Ahmed, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania toserve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according holaw. 08/12/2013 09:17 AM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Masood Ahmed, personally, at 152 Lincoln Ave, Harrisburg, PA 17111. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $69.86 SO ANSWERS, August 20. 2013 RONNY R/\NOER8ON. SHERIFF (c)CounlySuite Sheriff,Teleosoftl,Inc. Wells Fargo Bank,N.A. IN THE COURT OF COMMON PLEAS 3476 Stateview Boulevard CUMBERLAND COUNTY, Fort Mill, SC 29715 PENNSYLVANIA Plaintiff V. Docket No. 13-4369 G'> ritl CZ) Masood Ahmed 00 Gul Bushra r C:) 67 Johns Drive : CIVIL ACTION- —r- Enola,PA 17025 : MORTGAGE FORECLOSUR7':;r_ Defendants CASE MANAGEMENT ORDER AND NOW,this,27 4 day of &7vZt,2013, the defendantiborrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendantiborrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised —A— a - -b conciliation Conference on /0, d613 at ,A ; o in (,q41Xk1Atjo at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one(21) days prior to the date of the Conciliation Conference,the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland-County Residential Mortgage Foreclosure-Diversion Program Financial Worksheet" (Form 2)which has been completed by the defendant/borrower. Upon v agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made and may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, _14 J. DISTRIBUTION: aime M.Haley,Esquire MidPenn Legal Services 401 E. Louther Street, Ste 103 Carlisle,PA 17013 For the Defendants ,,-4elissa J. Cantwell,Esq. Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Philadelphia,PA 19103 For the Plaintiff 1"es /)&tL WELLS FARGO BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANli 1-fl vs. : CIVIL ACTION—LAW - .7 NO. 13-4369 CIVIL --- MASOOD AHMED and ~< GUL BUSHRA, • 1 : Defendants • y - IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held October 10, 2013, were D. Troy Sellars, Esquire, attorney for the plaintiff; Jaime M. Haley, Esquire, attorney for the defendant, Gul Bushra; and Ms. Bushra. It appears that any sort of loan modification will be difficult to accomplish as the note is in the name of Ms. Bushra's estranged husband, Masood Ahmed. Mr. Ahmed appears not to be cooperating with efforts to save the home from foreclosure. Notwithstanding, we will continue the conciliation conference for a period of approximately forty-five (45) days. In that interim, the plaintiff will provide a reinstatement quote to the defendant. A further reason for the continuance is to give Ms. Bushra the opportunity to speak with an attorney concerning her divorce. If the mortgage cannot be reinstated, the strong likelihood is that this will be removed from the conciliation program. ORDER AND NOW, this /0 *. day of October, 2013, continued conciliation conference is set for Friday,November 22, 2013, at 2:15 p.m. in Chambers of the undersigned. BY THE COURT, A 4,4 Kevin A Hess, P.J. Troy Sellars, Esquire For the Plaintiff aime M. Haley, Esquire For the Defendant :rlm 040 I.�.S ritl�.16.) ��1t3 WELLS FARGO BANK, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • CIVIL ACTION—LAW • NO. 13-4369 CIVIL MASOOD AHMED and • GUL BUSHRA, • Defendants • IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 224 day of November, 2013, this matter is removed from the Cumberland County Mortgage Foreclosure Diversionary Program and the stay entered in this matter is vacated. The plaintiff may proceed in this mortgage foreclosure action pursuant to rule. BY THE COURT, . 4 Kevi, A . Hess, P.J. ✓ Joseph P. Schalk, Esquire For the Plaintiff V Jaime M. Haley, Esquire z! c :` For the Defendant cc c, na c' -`cam r :rlm �-_, a { :iz i F.��13v fiJ�t:•11` i PHELAN HALLINAN, LLP L0,,14 FEB _6 Ali 10, 22 Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.3121 4 1617 .1FK Boulevard. Suite 1400UNBERLANu COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb a phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION MASOOD AHMED GUL BUSHRA : No. 13-4369 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant MASOOD AHMED is over 18 years of age and has last known addresses at 152 LINCOLN AVENUE, HARRISBURG, PA 17111-4154 and 67 JOHNS DRIVE, ENOLA, PA 17025-2694. (c) that defendant GUL BUSHRA is over 18 years of age and resides at 67 JOHNS DRIVE, ENOLA, PA 17025-2694. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 2 /4 V P an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 818147 ti Department of Defense Manpower Data Center Results as of Feb-05-201406:1533 AM • SCRA 3.0 ,A 7, .ff ; •, Pursuant to Senticernerttbers Civil Relief Act Last Name: AHMED First Name: MASOOD Middle Name: Active Duty Status As Of: Feb-05-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA :No NA This response reelects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367.Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 - , Department of Defense Manpower Data Center Results as of:Feb-05-2014 06:15:35 AM SCRA 3.0 a t---a t ,� � tip` a„ 'e, Status Report g . ',...::_i, ' Pursuant to Servic ,em,� Civil Relief Act Last Name: BUSHRA First Name: GUL Middle Name: Active Duty Status As Of: Feb-05-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date ! Status Service Component NA NA No NA This response reflects the individuals active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. t yit Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 SAY Tf106I1.i• , PHELAN HALLINAN, LLP �n FEB t� Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 VIII: 1617 JFK Boulevard, Suite 1400 C M'ERL.AN0 COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK,N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS MASOOD AHMED : CIVIL DIVISION GUL BUSHRA : No. 13-4369 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MASOOD AHMED and GUL BUSHRA, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $140,929.66 TOTAL $140,929.66 I hereby certify that (1) the Defendants' last known addresses are 152 LINCOLN AVENUE, HARRISBURG, PA 17111-4154 and 67 JOHNS DRIVE, ENOLA, PA 17025-2694, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 2/ r//, Adam H. Davis, Esq., Id. No.203034 Attorney fpr Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. M� �t f DATE: og 1LSJ PH#818147 PROTHONOTARY CO 44 I 818147 --p4'ajiL133 PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION MASOOD AHMED GUL BUSHRA : No. 13-4369 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant MASOOD AHMED is over 18 years of age and has last known addresses at 152 LINCOLN AVENUE, HARRISBURG, PA 17111-4154 and 67 JOHNS DRIVE, ENOLA, PA 17025-2694. (c) that defendant GUL BUSHRA is over 18 years of age and resides at 67 JOHNS DRIVE, ENOLA, PA 17025-2694. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date /77/i? Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 818147 Deportment of Defense Manpower Data Center Results as of:Feb-07-20141213.15 AM SCRA 3.0 4 �r' Status g MN 6�•• R L.�+t Pursuant to Serviceitienibers Civil Relief Act Last Name: BUSHRA First Name: GUL Middle Name: Active Duty Status As Of: Feb-07-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date' Statue Service Component NA NA _.No NA This response reflects the individuals'active duty status based on the Active Duty,Status Date Left Active Duty.Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Setvice Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End.Date -Status Service Component NA NA No NA This response reflects whether the individual or his/her uhit has received early notifrcabon to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. s Y) Yil itf::4.0i44"•r r1 ar• Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Feb-07-2014 1213:13 AM SCRA 3.0 r a _ Status Report Pursuant to Servicemenibers Civvil.Relief Act Last Name: AHMED First Name: MASOOD Middle Name: Active Duty Status As Of: Feb-07-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component'.. NA NA Na NA This response reflects the Individuals'active,duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date ' Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left actve duly status within 367'>days preceding the Active Duty Status Date The Member or His/tier Unit¢Vas Notified of a Future Catl-Up t6.Active Duty on Active Duty Status Date Order Notfication Start:Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the indviduat or his/her umt has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Y)111:t4filit, )144 ' Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS MASOOD AHMED GUL BUSHRA : CIVIL DIVISION : No. 13-4369 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on � l� 11 3v,,,rJ44 By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF 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.** 818147 WELLS FARGO BANK,N.A, COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. MASOOD AHMED NO. 13-4369 CIVIL GUL BUSHRA Defendant(s) CUMBERLAND COUNTY TO: MASOOD AHMED 152 LINCOLN AVENUE HARRISBURG,PA 17111-4154 DATE OF NOTICE: / THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 . P By: _ Emily M.Phelan,Esq.,Id.No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#818147 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. MASOOD AHMED NO. 13-4369 CIVIL GUL BUSHRA Defendant(s) CUMBERLAND COUNTY TO: MASOOD AHMED 67 JOHNS DRIVE ENOLA,PA 17025-2694 DATE OF NOTICE: 1{r /17:5/41( THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Entl y M.Phelan,Esq., Id.No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#818147 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. MASOOD AHMED NO. 13-4369 CIVIL GUL BUSHRA Defendant(s) CUMBERLAND COUNTY TO: GUL BUSHRA 67 JOHNS DRIVE ENOLA,PA 17025-2694 DATE OF NOTICE: / THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: A/. mat y 4.Phelan,Esq.,Id.No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#818147 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. MASOOD AHMED NO. 13-4369 CIVIL GUL BUSHRA Defendant(s) CUMBERLAND COUNTY TO: GUL BUSHRA CIO JAMIE M.HALEY,ESQUIRE 401 EAST LOUTHER STREET,SUITE 103 CARLISLE,PA 17013 / DATE OF NOTICE: ( Z-3 f THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 17)249-3_166 By: Emily M. Phelan,Esq., Id.No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK,N.A. • COURT OF COMMON PLEAS • Plaintiff • CIVIL DIVISION v. . NO.: 13-4369 CIVIL MASOOD AHMED GUL BUSHRA • Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $140,929.66 Interest from 02/11/2014 to Date of Sale $2,641.38 ($23.17 per diem) TOTAL $143,571.04 f'V el/ Phelan Hallinan,LLP Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#818147 aVA (9jA 5019.1)<?pgrel t rs.,1 t t it a 1.1:.3 r .as C� � g 6,b sa S , p 3.5" b Pg2757c/ ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Johns Drive, at the westernmost corner of Lot No. 215 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 215, South 41 degrees 37 minutes 47 seconds East, a distance of 155.04 feet to a point on the northern line of Lot No. 27, Penn Hills; thence along the northern line of said Lot No. 27, South 81 degrees 35 minutes 00 seconds West, a distance of 23.91 feet to a point at the easternmost corner of Lot No. 217 on the hereinafter described Final Subdivision Plan; thence along the eastern line of said Lot No. 217, North 41 degrees 37 minutes 47 seconds West, a distance of 146.61 feet to a point on the eastern right-of-way line of Johns Drive; thence along the eastern right-of-way line of Johns Drive by a curve to the left having a radius of 150.00 feet, an arc length of 20.55 feet to a point at the westernmost corner of Lot No. 215 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 3,012.00 square feet, more or less. BEING Lot No. 216, Final Subdivision Plan of Laurel Hills North, Phase 5, dated June 5, 2001, last revised July 12, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 83, Page 113. BEING improved with a townhouse dwelling. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Laurel Hills North, Phase 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated September 14, 2001, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 681, Page 601. FURTHER UNDER AND SUBJECT to a thirty foot drainage easement, and ten foot pedestrian easement, across the southern portion of the premises, as shown on the above-referenced Final Subdivision Plan. TITLE TO SAID PREMISES IS VESTED IN Masood Ahmed and Gul Bushra, h/w, by Deed from Laurel Hills Development Corporation, a Pennsylvania Corporation, dated 10/29/2004, recorded 11/02/2004 in Book 266, Page 135_ PREMISES BEING: 67 JOHNS DRIVE,FNOLA, PA 17025-2694 PARCEL NO. 09-15-1288-358. PHELAN HALLINAN, LLP L., k Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 ' I ' H° 'l 1617 JFK Boulevard, Suite 1400 # One Penn Center Plaza ' Philadelphia, PA 19103 l MBERLAND COUNTY Adam.Davis @PhelanHallinan.com PENNSYLVANIA 215-563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 13-4369 CIVIL MASOOD AHMED GUL BUSHRA Defendant(s) : CUMBERLAND COUNTY CERTIFICATION 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) 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: Phelan Hallinan,LLP Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff WELLS FARGO BANK,N.A. • ik COURT OF COMMON PLEAS Plaintiff F CIVIL DIVISION v. .,. , 'BER AyiLi COUrd 1 NO.: 13-4369 CIVIL• MASOOD AHMEDEt ?SYLDAy 1A GUL BUSHRA Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK,N.A.,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 67 JOHNS DRIVE,ENOLA,PA 17025-2694. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) MASOOD AHMED 152 LINCOLN AVENUE HARRISBURG,PA 17111-4154 GUL BUSHRA 67 JOHNS DRIVE ENOLA,PA 17025-2694 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) MASOOD AHMED 152 LINCOLN AVENUE HARRISBURG,PA 17111-4154 GUL BUSHRA 67 JOHNS DRIVE ENOLA,PA 17025-2694 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained, please indicate) None. PH# 818147 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) LAUREL HILLS NORTH 216 TORY CIRCLE ENOLA,PA 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 67 JOHNS DRIVE ENOLA,PA 17025-2694 MASOOD AHMED 4701 NORTH FRONT STREET C/O TIMOTHY J.O'CONNELL,ESQUIRE HARRISBURG,PA 17110 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING GUL BUSHRA 401 EAST LOUTHER STREET C/O JAMIE M.HALEY,ESQUIRE SUITE 103 CARLISLE,PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2,/7//f By: C �4i ,>4■efti+ Phelan Hallinan,LLP Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza, Philadelphia,PA 19103 215-563-7000 PH # 818147 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO.: 13-4369 CIVIL MASOOD AHMED GUL BUSHRA : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ""D ' rr TO: MASOOD AHMED GUL BUSHRA ...<7.> c = m,- 152 LINCOLN AVENUE 67 JOHNS DRIVE a f;'- HARRISBURG PA 17111-4154 ENOLA,PA 17025-2694 e-) **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION Olt-TAMED 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 67 JOHNS DRIVE,ENOLA,PA 17025-2694 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$140,929.66 obtained by WELLS FARGO BANK,N.A. (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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 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. 13-4369 CIVIL WELLS FARGO BANK, N.A. v. MASOOD AHMED GUL BUSHRA owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 67 JOHNS DRIVE,ENOLA, PA 17025-2694 Parcel No. 09-15-1288-358. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $140,929.66 Attorneys for Plaintiff Phelan Hallinan, LLP - ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Johns Drive, at the westernmost corner of Lot No. 215 on the hereinafter described Final Subdivision Plan; thence along the western line of said Lot No. 215, South 41 degrees 37 minutes 47 seconds East, a distance of 155.04 feet to a point on the northern line of Lot No. 27, Penn Hills; thence along the northern line of said Lot No. 27, South 81 degrees 35 minutes 00 seconds West, a distance of 23.91 feet to a point at the easternmost corner of Lot No. 217 on the hereinafter described Final Subdivision Plan; thence along the eastern line of said Lot No. 217, North 41 degrees 37 minutes 47 seconds West, a distance of 146.61 feet to a point on the eastern right-of-way line of Johns Drive; thence along the eastern right-of-way line of Johns Drive by a curve to the left having a radius of 150.00 feet, an arc length of 20.55 feet to a point at the westernmost corner of Lot No. 215 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 3,012.00 square feet, more or less. BEING Lot No. 216, Final Subdivision Plan of Laurel Hills North, Phase 5, dated June 5, 2001, last revised July 12, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 83, Page 113. BEING improved with a townhouse dwelling. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Laurel Hills North, Phase 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated September 14, 2001, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 681, Page 601. FURTHER UNDER AND SUBJECT to a thirty foot drainage easement, and ten foot pedestrian easement, across the southern portion of the premises, as shown on the above-referenced Final Subdivision Plan. TITLE TO SAID PREMISES IS VESTED IN Masood Ahmed and Gul Bushra,h/w, by Deed from Laurel Hills Development Corporation, a Pennsylvania Corporation,dated 10/29/2004, recorded 11/02/2004 in Book 266, Page 135. PREMISES BEING: 67 JOHNS DRIVE,ENOLA,PA 17025-2694 PARCEL NO. 09-15-1288-358. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4369 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK,N.A.,Plaintiff(s) From MASOOD AHMED,GUL BUSHRA (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: $140,929.66 L.L.: $.50 Interest FROM 2/11/2014 TO DATE OF SALE($23.17 PER DIEM)-$2,641.38 Atty's Comm: Due Prothy: $2.25 Atty Paid: $218.70 Other Costs: Plaintiff Paid: Date: 2/10/14 a %�k L Davis D. el , Pr.thonotary (Seal) By: Deputy REQUESTING PARTY: Name: ADAM H. DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.203034 • AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. DEFENDANT MASOOD MEWED GUL BUSHRA SERVE MASOOD AHMED AT: 152 LINCOLN AVENUE HARRISBURG, PA 17111-4154 PH # 818147 SERVICE TEAM/ lxh COURT NO.: 13-4369 CI TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 **DIVORCED- One cannot accept service for the other** SERVED i-veci, and made known tp Aida...P . M., at ASO D th MED. Defendant oil the day of ciock , t 4.47 14, in the manner described bel 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: Description: Age Height SIM 1 Weight /4/1— Rac Sex Other ‘o- , a competent adult, hereby verify that I personally handed a true and correct copy of the N tice of Sheriffs Salein 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:2– Si/ NAIM/0 PRINTED NAMEC. 4-4J/.49 / A/A*25 TITLE: NOT SERVED On the day of . 20 , at o'clock . M., I, , a competent adult hereby state thETZTendant NOT FOUND because: Vacant _ Does Not Exist _ Moved /Does Not Reside Not Vacant) V No Answer on --0--/ ti at rk, 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 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. MASOOD AHMED GUL BUSHRA 2Thi Arr; 1 M {0: i Ot!MDE'RLANDCMTPANEY FOR PLAINTIFF PLIINSYLVANIA Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4369 CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 26, 2013, 2. Judgment was entered on February 10, 2014 in the amount of $140,929.66. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 4, 2014. 818147 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through March 11, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $137,251.54 $7,506.00 $234.15 $1,550.00 $967.61 $75.00 $289.74 $2,676.70 TOTAL $150,550.74 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 10, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit `B ". 10. No judge has previously entered a ruling in this case. 818147 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as ,requested., . DATE: Phelan Hallinan, LLP V By Adarn H. Davis, Esquire. �. ATTORNEY FOR PLAINTIFF .;1 818147 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. MASOOD AHMED GUL BUSHRA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4369 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE MASOOD AHMED executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 67 JOHNS DRIVE, ENOLA, PA 17025-2694. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 818147 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 818147 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 818147 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 818147 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D &C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 818147 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 818147 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation ". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 818147 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: qj%D` /"7 By Phelan Hallinan, LLP Adam H. Davis, Esquire Attorney for Plaintiff 818147 Exhibit "A" PILED-OFFICE Or i HE PROTHONOTARY , LL QQ ff yy FF Adam PHELAN H. Davis, Esq., HALLIN AN Id. No23�3 RM 1�' 8 1617 JFK Boulevard, Suite BERLANO COUNTY One Penn Center Plaza PENNS YLYANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215 -563 -7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY vs. o fi000 URT OF COMMON PLEAS MASOOD AHMED p 1eY c, ?OS8 Re: CIVIL DIVISION GUL BUSHRA : No. 13 -4369 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Go104 Kindly enter judgment in fa ]�,,�� d against MASOOD AHMED and GUL BUSHRA, Defendant(s) for ail a�wer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $140,929.66 $140,929.66 1 hcrcby co.tlfy drat (1) the Defendants fast Kn w .i; flosses are i z L1NUULN AVENUE, HARRISBURG, PA 17111 -41 . �,• ,t '41 *RIVE, ENOLA, PA 17025 -2694, and (2) that notice has been given in accor�y: `''�'' ' ' :� • .C.P 237.1. Date 217//0 r / /0 Adam H. Davis, Esq., Id. No.203034 AttornPtfor Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH4t818147 Et PROTHONOTARY 818147 Exhibit _"B" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Ha 'limn, LLP 2014 JAMIE M. M. HALEY 401 EAST LOUTHER STREET, SUITE 103 CARLISLE, PA 17013 MASOOD AHMED 152 LINCOLN AVENUE HARRISBURG, PA 17111-4154 Representing Lenders in Pennsylvania RE: WELLS FARGO BANK, N.A. v. MASOOD AHMED and GUL BUSHRA Premises Address: 67 JOHNS DRIVE ENOLA, PA 17025 CUMBERLAND County CCP, No. 13-4369 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 April eith, 2014 Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Enclosure 818147 Name and Phelan Hallinan, LLP Address 1617 JFK Boulevard, Of Sender One Penn Center Plaza Philadelphia, PA 19103 ASZ $rite 140 Line Article Number Name of Addressee, S reet, an fl Post 011ice Address TENANT/OCCUPANT 67 JOHNS DRIVE ENOLA, PA 17025 -2094 Postage S0.47 2 MASOOD AHMED 152 LINCOLN AVENUE HARRISBURG, PA 11111 -4154 MASOOD AHMED MASOOD AHMED GUL BUSHRA 67 JOHNS DRIVE ENOLA, PA 17025 -264 50.47 50.47 4 JAMIE M. HALEY 401 EAST LOUTHER STREET SUITE 103 CARLISLE, PA 17013. 50.47 RE: MASOOD AHMED (CUMBERLAND) PH # 818147/1200 Page 1 of 1 51.88 Total Number of Pisa Listed by Snobs Total Numhn of Pieces Reeeieed et Rot Office Form 3877 Facsi The foil declaration of valve is-required on ail domestic sod rtacrnaiosal registered nail. The maim for the tvarntnrcdm of avoepothble docvrrrau ender Expreu Mil decumcnl irconetravion insure per piece abject 3o • limit of $300,000 pa oearnarce. The maximum bdemaiiy payable on i?yias M 43 merehandise 6 3300. The maximum indemnity payable is 525.000 r revived mail, scat with odd iestuance. SeeDomesX Mel Mewl R900 5913 and 5911 toe (imitations of corv;'e. 81812 J Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. MASOOD AHMED GUL BUSHRA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4369 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JAMIE M. HALEY, ESQUIRE 401 EAST LOUTHER STREET, SUITE 103 CARLISLE, PA 17013 MASOOD AHMED 152 LINCOLN AVENUE HARRISBURG, PA 17111-4154 DATE: cr77e9t/767` By: MASOOD AHMED 67 JOHNS DRIVE ENOLA, PA 17025-2694 Phelan Hallinan, LLP Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 818147 PLAINTIFF WELLS FARGO BANK, N.A. DEFENDANT MASOOD AHMED GUL BUSHRA AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 818147 SERVICE TEAM/ Ixh COURT NO.: 13-4369 CIVIL SERVE GUL BUSHRA AT: 67 JOHNS DRIVE ENOLA, PA 17025 -2694 **DIVORCED- One cannot accept service for the other** SERVED Served and made known to GUL BUSHRA, Defendant on the J day of M M Cl/ , 20 14 , at 6.: o 0, o'clock. M., at b 7 JB4N5 Da I d E, E44 6 4A r A 4 in the manner described below j[ 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. TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 Other: iAN F Other Description: Age 30 s Height 5 4 ' Weight 130 Race �koP�lS'ex 1, Ronald Moll , 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 t)Le penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE 3 IeZ ( NAME: 61/1A& PRINTED NAME: Ronald. MOIL Process Server TITLE: On the day of 20 at state thatleFet NOT FOUND because: NOT SERVED o'clock _. M., I, , a competent adult hereby _ 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 Phelan HaDinan, LLP 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 WELLS FARGO BANK, N.A. Plaintiff v. MASOOD AHMED GUL BUSHRA AND NOW, this Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4369 CIVIL RULE /1- day of 4,49/ 2014, 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. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY TH COURT 818147 Adam H. Davis, Esq., Id. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JAMIE M. HALEY 401 EAST LOUTHER STREET, SUITE 103 CARLISLE, PA 17013 MASOOD AHMED 152 LINCOLN AVENUE HARRISBURG, PA 17111-4154 MASOOD AHMED 67 JOHNS DRIVE ENOLA, PA 17025-2694 818147 / Phelan Hallinan, LLP 2C Adam H. Davis, Esq., Id. No.203034 J 2� i 10; ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND C One Penn Center Plaza PENNS Y�-Y CO J Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215 -563 -7000 WELLS FARGO BANK, N.A. Plaintiff vs. MASOOD AHMED GUL BUSHRA Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -4369 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 14, 2014 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. JAMIE M. HALEY, ESQUIRE 401 EAST LOUTHER STREET, SUITE 103 CARLISLE, PA 17013 MASOOD AHMED 152 LINCOLN AVENUE HARRISBURG, PA 17111 -4154 DATE: c-ffi MASOOD AHMED 67 JOHNS DRIVE ENOLA, PA 17025 -2694 Phelan Hallinan, LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 818147 Phelan Hallinan, LLP P i 0,/id , ' rCOUNT Jonathan Lobb, Esq., Id:No.312174781G F1A'Y -9 Aiv / : ATTORNEY FOR PLAINTIFF i : 04 1617 JFK Boulevard, Suite 1400 , 0 One Penn Center Plaza ru°iBERL AND Philadelphia, PA 19103 PENNSYLVANIA Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, NA. Plaintiff vs. MASOOD AHMED GUL BUSHRA Defendants -• Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4369 CIVIL MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., 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 April 11, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about April 14, 2014 directing the Defendants to show cause by May, 4, 2014 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 A. 3. The Rule to Show Cause was timely served upon all parties on April 21, 2014 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 B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of May 4, 2014. 818147 . TW lei, • WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: S 1 g /% r By: Phelan Hallinan, LLP Jo an Lobb, Esq., Id. No.312174 A orney for Plaintiff 818147 Exhibit "A" 818147 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff V. MASOOD AHMED GUL BUSHRA AND NOW, this Defendants • Court of Common Pleas Civil Division• CUMBERLAND County No.: 13-4369 CIVIL day 20.14, 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 Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COURT 818147 Adam H. Davis, Esq., Id. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JAMIE M. HALEY 401 EAST LOUTHER STREET, SUITE 103 CARLISLE, PA 17013 MASOOD AHMED 152 LINCOLN AVENUE HARRISBURG, PA 17111-4154 MASOOD AHMED 67 JOHNS DRIVE ENOLA, PA 17025-2694 818147 Exhibit "B" 818147 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. MASOOD AHMED GUL BUSHRA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4369 CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 14, 2014 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. JAMIE M. HALEY, ESQUIRE 401 EAST LOUTHER STREET, SUITE 103 CARLISLE, PA 17013 MASOOD AHMED 152 LINCOLN AVENUE HARRISBURG, PA 17111-4154 DATE: efil (77(1C By: MASOOD AHMED 67 JOHNS DRIVE ENOLA, PA 17025-2694 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 818147 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. MASOOD AHMED GUL BUSHRA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4369 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. JAMIE M. HALEY, ESQUIRE 401 EAST LOUTHER STREET, SUITE 103 CARLISLE, PA 17013 MASOOD AHMED 152 LINCOLN AVENUE HARRISBURG, PA 17111-4154 DATE: /6hv MASOOD AHMED 67 JOHNS DRIVE ENOLA, PA 17025-2694 Phelan Hallinan, LLP By: %✓T/ Josr:"an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 818147 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND CounKT c-, MASOOD AHMED -,X .r- -t GUL BUSHRA No.: 13-4369 CIVIL M =n r- —� .:' Defendants rte- co >cp ,,-T, li- c) ORDER ;, c -- c ---,r AND NOW, this ,34 day of rkuki , 2014, upon consideration of Plaint's f 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 March 11, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $137,251.54 $7,506.00 $234.15 $1,550.00 $967.61 $75.00 $289.74 $2,676.70 TOTAL $150,550.74 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 818147 N PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, v. MASOOD AHMED GUL BUSHRA Defendant(s) CUMBERLAND COUNTY • COURT OF COMMON PLEAS CIVIL DIVISION . No.: 13-4369 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(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 as 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 hereto Exhibit "A". Date: 5/< ?M 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 818147 r-- meand dress Sender Phelan Hallinan, LLP ini. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/CET - 06/04/2014 SALE 1 III 0 I 011 t._ 0 4 ti • t - �:et.�. t'>. •. ti i 10 c 8yle Ot I o w rn a= M a-rain; ,d Qa = ' V r?� �. Article Number Name of Addressee, Street, and Post Office Address Postagew **** TENANT/OCCUPANT 67 JOHNS DRIVE i ENOLA, PA 17025-2694 50.45 **** LAUREL HILLS NORTH its 216 TORY CIRCLE ENOLA, PA 17025 50.45 (4 **** MASOOD AHMED C/O TIMOTHY J. O'CONNELL, ESQUIRE 4701 NORTH FRONT STREETS HARRISBURG, PA 17110 50.45 '.1 **** Domestic Relations of Cumberland County % 13 North Hanover Street• Carlisle, PA 17013 50.45 **** Commonwealth of Pennsylvania Department of Welfare r P.O. Box 2675 Harrisburg, PA 17105 50.45 l { **** Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 , Pittsburgh, PA 15222 50.45 **** U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building 228 Walnut Street, Suite 220 ' PO Boz 11754 Harrisburg, PA 17108-1754 50.45 ' **** GUL BUSHRA CIO JAMIE M. HALEY, ESQUIRE 401 EAST LOUTHER STREET SUITE 103 al CARLISLE, PA 17013 50.45 Number of s Listed by Sender 1 i Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of SS00,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is S OO. The maximum indemnity payable is'S2S,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900 S913 and S921 fir limitations of coverage. im 3877 Facsimile Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY C ; .- THE PROTHONOTARY Z I II AUC -5 PH 2: 03 OFFICE OFT. CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. vs. Case Number Masood Ahmed (et al.) 2013-4369 SHERIFF'S RETURN OF SERVICE 03/28/2014 03:46 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 67 Johns Drive, East Pennsboro - Township, Enola, PA 17025, Cumberland County. 03/28/2014 03:46 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Gul E Bushra at 67 John's Drive, East Pennsboro, Enola, PA 17025, Cumberland County. 06/04/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of, Wells Fargo Bank, N.A., being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $817.54 SO ANSWERS, July 11, 2014 RONNY R ANDERSON, SHERIFF ,C) C ount,ysu: e en On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in -East Pennsboro Township, Cumberland County, PA, CZ Known and numbered as 67 Johns Drive, U . -. L.; Enola, as Exhibit "A" filed with this L cc, Writ and by this Reference incorporated herein. Date: March 3, 2014 By: Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-4369 Civil Term Wells Fargo Bank, N.A. vs. Masood Ahmed Gul E. Bushra Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13-4369 CIVIL, WELLS FARGO BANK, N.A. v. MASOOD AHMED GULBUSHRA owner(s) of property situate in EAST PENNSBORO TOWN- SHIP, CUMBERLAND County, Penn- sylvania, being 67 JOHNS DRIVE, ENOLA, PA 17025-2694. Parcel No. 09-15-1288-358. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $140,929.66. 21 1 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: April 18, April 25 and May 2, 2014 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 da of May, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.. CUMBERLAND CNTY My Commission Expires Apr 2e. 2011 lZhe Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 be atriotJews 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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 2013-4369 Civil Term Wells Fargo Bank, N.A. Vs Masood Ahmed Gul E Bushra Atty: Joseph Schalk By virtue of a Writ of Execution No. 13-4369 CIVIL . WXLLS FARGO BANK, N.A. v. MASOOD AHMED GULBUSHRA owner(s) of property situate in EAST PENNSBORO TOWNSHIP, i CUMBERLAND County, Pennsylvania, being 67 JOHNS DRIVE, ENOLA, PA 17025-2694. Parcel No. 09-15-1288-358. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $140,929.66 This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Sworn subscribed before me 4 • D U • IC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank N A is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 10th day of February, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 4369, at the suit of Wells Fargo Bank N A against Masood Ahmed & Gul Bushra is duly recorded as Instrument Number 201417328. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office thisJ41 day of A U@US+ , A.D. 00 (LI )1)CW-eta •().-ezaio-Y7, D6lati Recorder of Recorder of Deeds, Cumberland County, Carlisle,°PA My Commission Expires the First Monday of Jan. 2018 ee s