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HomeMy WebLinkAbout05-1346 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC., S/BIM TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 1000 TECHNOLOGY DRIVE MS314 O'FALLON, MO 63304 ATTORNEY FOR PLAINTIFF COURT OF CoM.MON PLEAS CIVIL DIVISION TERM Cw< l ~Se-hJ Plaintiff NO. OS -/3l.f.b v. CUMBERLAND COUNTY JALAL M. SHAH NKJA JALAL M SHAK NKJAJMSHAH HAMID 1. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, P A 17011 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 Soutb Bedford Street Carlisle, P A 17013 (800)990-9108 File#: 113471 File#: 113471 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. l. Plaintiff is CITIMORTGAGE, INC., S/BIM TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 1000 TECHNOLOGY DRIVE MS 314 O'FALLON, MO 63304 2. The name(s) and last known address(es) of the Defendant(s) are: JALAL M. SHAH NKJA JALAL M SHAK NKJAJM SHAH HAMID J. SHAH SAQrn J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/03/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST NATIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1373, Page: 826. By Assignment of Mortgage recorded 7/3/97 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 551, Page 563. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 1]3471 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2004 through 03/14/2005 (Per Diem $13.85) Attorney's Fees Cumulative Late Charges 04/03/1997 to 03/14/2005 Cost of Suit and Title Search Subtotal $61,285 Al 2,700.75 1,250.00 152.70 $ 550.00 $ 65,938.86 Escrow Credit Deficit Subtotal 0.00 247.79 $ 247.79 TOTAL $ 66,186.65 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 66,186.65, together with interest from 03/14/2005 at the rate of$13.85 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCJfMIEG, LLP -7/_ c ~-)~~ By: ~ranCiS S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: t 13471 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, described in accordance with a survey and plan thereof, dated May 19, 1979, by Gerrit 1. Betz Associates, Inc., Engineers and Surveyors, as follows, to wit; BEGINNING at a point on the Southerly right-of-way line of Erford Road (East) said point being 262.17 feet East of the Southeast corner of Matthew Road and Erford Road (East); thence from said beginning point and along the aforesaid Southerly right-of-way line of Erford Road (East), by a curve deflecting to the right having a radius of 280 feet, an arc distance of 51 feet to a point, a corner of lands now or late of Elliot B. Sachs, et ux; thence along the same, South 15 degrees 22 minutes 58 seconds West 122.88 feet to a point in line of lands now or late of William A. Thorne; thence along the same, North 68 degrees 22 minutes 15 seconds West 29.71 feet to a point, a corner of lands now or late of Larry E. Kuntz; thence along the same North 4 degrees 56 minutes 47 seconds East 116.95 feet to a point, the place of BEGINNING. BEING Lot No. 4X, Block J, Plan No.8 of Ridley Park, recorded in Plan Book 16, Page 49. HAVING thereon erected a two story brick dwelling known as No. 712 Erford Road. BEING the same premises which Anis A. Tyeb and Hasham A. Tyeb, joint tenants, by their deed dated September 20,1982 and recorded Octoher 14, 1982, in the Recorder or Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book X, Volume 29, Page 975, granted and conveyed unto Anis A. Tyeb and Roohi A. Tyeb, his wife, Grantors herein. TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof. AND ALSO, all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in or to the above described premises. TO HAVE AND TO HOLD, all and singular, the above mentioned and described premises, together with the appurtenances, unto the said parties of the second part, their heirs, and assigns, to their own proper use, benefit, and behoof forever. AND the said parties of the first part, the above described and hereby granted and released premises, and every part and parcel thereof, with the appurtenances, unto the said parties of the second part, their heirs and assigns, against the said parties of the first part and their heirs, and against all and every person or persons whomsoever lawfully claiming or to claim tbe same, shall and will warrant specially the property hereby conveyed. Being No. 712 Erford Road File #: 113471 . VF.RIFWATION TERESA METCALF hereby states that helshe is ASST. SECRETARY ofCITIMORTGAGE, INe. mortgage servicing agent for Plaintiff in this matter, that helshe is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~?~ ~ TERESA METCALF, ASST. SECRETARY DATE: 3}IO/O",-- -,J (::) ~ *- ~ I/( .1/) ...... -l:: Vc \- ~ G () t1 -...:? F2 ""'l ~ - C' ~:~ C,;'I -..", (.;1 '..l f') f"':' 8 SHERIFF'S RETURN - REGULAR CASE NO: 2005-01346 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHAH HAMID J t e DEFENDANT , at 1332:00 HOURS, on the 17th day of March 2005 at 712 ERFORD ROAD CAMP HILL, PA 17011 by handing to TANVEER SYED, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing His attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~O./ y' ".,.", vA /'. ~;?'. . ?...,J~ R. Thomas Kline 03/18/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: , of me this ..-1 A.D. v ~?f SHERIFF'S RETURN - REGULAR CASE NO: 2005-01346 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHAH JALAL M AKA JALAL M SHAK AKA J M SHAH t e DEFENDANT , at 1332:00 HOURS, on the 17th day of March , 2005 at 712 ERFORD ROAD CAMP HILL, PA 17011 by handing to TANVEER SYED, BROTHER IN LAW a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing His attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.10 .00 10.00 .00 39.10 -C2.'/ ~~ ""- .-.,-.- ,j - .'~ -- 'f!:"';' .'''''' . ....~.~, ~r //.2:--I~:;> ",,"':l-~._..,.... ""'.. . .' -' R. Thomas Kline 03/18/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: me this ~ day of ~ oD) Deputy Sheriff ~o . SHERIFF'S RETURN - REGULAR . CASE NO: 2005-01346 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE SHAH SAQIB J t e , at 1332:00 HOURS, on the 17th day of March 2005 DEFENDANT at 712 ERFORD ROAD CAMP HILL, PA 17011 TANVEER SYED, ADULT IN CHARGE by handing to a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing His attention to the contents th reof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ........~_#....-'-'_. .4',. " .....' /,;, " // -~~.,..,.~ R. Thomas Kline 03/18/2005 PHELAN HALLINAN SCHMIEG me of Sworn and Subscribed to before By: A.D. u ~ :~U'~' PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC., SIBIM TO PRlNICIP AL RESIDENTIAL MORTGAGE, INC. 1000 TECHNOLOGY DRIVE, MS 314 O'FALLON, MO 63304 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-1346 JALAL M. SHAH AIKIA JALAL M. SHAK AIKIA J M SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor ofthe Plaintiff and against JALAL M. SHAH AlK/ A JALAL M. SHAKAlK/AJ M SHAH, HAMID J, SHAH and SAQIB J. SHAH, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/15105 to 5/3105 TOTAL $66,186.65 $692.50 $66,879.15 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~..-.-.~ DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (j.c; /0... r:; I (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC., S/B/M TO PRlNICIP AL RESIDENTIAL MORTGAGE, INC. 1000 TECHNOLOGY DRIVE, MS 314 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-1346 JALAL M. SHAH AlKlA JALAL M. SHAK AlKlA J M SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (tidY S 20oS. By: p~o P7?!~ DEPUTY If you have any questions concerning this matter, please contact: ~~~LQC: C" ~h\'iUQ~~/ Attorney for Plainli ONE PENN CENTER AT SUBURBA ATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.". PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (21 ,) ,0,-7000 ATTORNEY FOR PLAINTIFF FILE COpy CITIMORTGAGE, INC., SIBIM TO PRINCIPAL : COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JALAL M. SHAH AlK/A JALAL M. SHAK AlK/A J M SHAH : NO. 05-1346 CIVIL TERM HAMID J. SHAH SAQIB J. SHAH Defendants TO: JALAL M. SHAH AlKJA JALAL M. SHAK AlKJA J M SHAH 712 ERFORD ROAD CAMP HILL, P A 17011 DATE OF NOTICE: APRIL 7. 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 DA YS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., ld. No. 62695 Daniel G. Schmieg, Esq., ld. No. 62205 Philadelphia, P A 19103 (71 ") "6,-7000 CITfMORTGAGE, INC., SIBIM TO PRINCIPAL : COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JALALM. SHAH AIKIAJALALM. SHAKAIKIAJMSHAH : NO. 05-1346CNfL TERM HAMfD J. SHAH SAQIB 1. SHAH Defendants TO: HAMID J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 DATE OF NOTICE: APRTJ. 7. 2005 THfS FIRM fS 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 MAYBE 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUfRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., 1<1. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (21)) )",.7000 CITIMORTGAGE, INC., S/BIM TO PRINCIPAL : COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JALAL M. SHAH AIKIA JALAL M. SHAK AIKIA J M SHAH : NO. 05-1346 CIVIL TERM HAMID J. SHAH SAQIB J. SHAH Defendants TO: SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 DATE OF NOTICE: APRTT. 7 2005 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.lF 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 IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN 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 INFORMA nON ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA TrON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC., SIBIM TO PRINlCIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY 1000 TECHNOLOGY DRIVE, MS 314 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-1346 JALAL M. SHAH AlKlA JALAL M. SHAK AlKlAJM SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) islare not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JALAL M. SHAH AlKlA JALAL M. SHAK AlKlA J M SHAH is over 18 years of age and resides at , 712 ERFORD ROAD, CAMP HILL, P A 17011 . (c) that defendant HAMID J. SHAH is over 18 years of age, and resides at , 712 ERFORD ROAD, CAMP HILL, P A 17011. (d) that defendant SAQIB J. SHAH is over 18 years of age, and resides at, 712 ERFORD ROAD, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~._-- D IEL G. SCHMI Attorney for Plaintiff ~ G ....() t7(tg ~_ -.z_l -: ~ ~ ~ ~ f ~ :p IV C> f r: r..' 0 ,'-'~:l" ~t ~~l ~ :? C! . r' i;:----~ O_"~;. ir C , U1 ~~) ,.--'1"' -~. '_.'}~-,;, S: ') ~::"~\ UJ ~9 C,) __ o . .. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC., S/BlM TO PRINIClPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, v. No. 05-1346 JALAL M. SHAH A/KJA JALAL M. SHAK A/KJA J M SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(,). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $66,879.15 Interest from 5/3/05 to SEPTEMBER 7,2005 (per diem -$10.99) $1,395.73 and Costs TOTAL $68,274.88 ~-------.._----- ~ \ ( ANIEL G. SCH , ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 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. ........ ........ c::>C::> r-r- ........ << ~~ '"j ~~ O,.;l $$ ~% ~~ ~tr; 9 ~v ~ ...... v . < , <eo ,.. ./ ~~ ~ ....... ~ ~~ B Jt;j '" <l> o~ 0< ,) .a o~ .r> <rJ1 ~~ .~ ~ ~?: ,.." ~ 'r' ~~ ~ 'j~ 'S~ ~~ y- e ~lp..., ~ ~l . ' 0 00 '" ~rJ1 ~~ ~ j.. '\f"' ~~ ~ ~~ ~ ~~ 7> ~ o~ h~ ) % Po ~ <l> ~~, v.... ,;, ~~ ",,,, ~ ~,.. . p ........ ~ .....~v ... ~~ .tt, r-r- o~ ~\.:l~ ... o 0 .J ~ v';;l ~e ~6 ~o < ~~ ~~ \ , ~ v ~ /-S ~ ~~ ~~ <l> s~ ~q ,.;:: ...--' 1 I"-< , v~ ~~ i;:~ rJ1... ~,.:l ~e ,..~ v~ . ~~ f ~B ~ ~% ... / (") ~ . V) .0 c:.... ~~ - ~ - - -!> ~- -:. - :::r ~ ",'i._ - -j ~~ - ::r r'" - d ~ 0;: - rI. u"'") :: , - ::z- - -n 1; :; ~ - , I ~ 1:L , () " V'> r-~ () () () VJ I c-::.~ ~ -- Q C':"J> a 'VJ ,.... () () - () a 0 () l.1\ f<l 't>r- OJ- <:l - () \.() 0- "lS l.1\ -3 ..... v) 0- -3 'u) --. f'r) - i:>>- . .. DESCRIPl'ION ALL THA T CERTAIN lot or piece of ground situate in tbe Townsbip of East Peonsboro, CoUDlY of Cumberland and Commonweallh of Pennsylvania, described in accordance with a survey and plan tbereof, dated May 19, 1979, by Gerril J. Betz Associates, Inc., Engineers and Surveyors, as folloWs, 10 wit: BEGINNING at a point on me Soutberly rigbt-<lf.way line of Mord Road (East) said point being 262.17 feet East of tbe Southeast comer of Matthew Road and Elford Road (East); tbe_ from said beginning point and along the aforesaid Southerly right-<lf-way line of Erford Road (East), by a curve deflecting to me right baving a radius of 280 feet, an are distance of 51 feet to a poinl, a corner of lands now (ff late of Elliot B. Sachs, et ux; thence along tbe same Soutb IS degrees 22 millUtes 58 seconds West 122.88 feet to a point in line of lands now or late of William A. Thome; thence along tbe same, North 68 degrees 22 minutes 15 seconds West 29.71 feet to a point, a comer of lands now or late of Larry E. Kuntz; lbence along tbe same North 4 degrees 56 minutes 47 seconds East 116.95 feet 10. point, the place of beginning. BEING Lot No, 4X, Block J, Plan No.8 of Ridley Park, recorded in Plan Book 16, Page 49. HAVING thereon erected a two slOry brick dwelling known as No. 712 Erford Road.I T1~E TO SAID PREMISES IS VESTED IN lalal M. Shah and Hamid J. Shah and Saqib J. Shah, as JOInt tenants with the right of survivorship by Deed from Anis A. Tyeb and Roohi A. Tyeb, his wife dated 4/3/1997 and recorded 41711997 in Deed Book 155, Page 532. Parcel#09-16-1050-218 Premises: 712 Erford Road, Camp Hill, PA 17011 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1346 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., SIBIM TO PRINICP AL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From JALAL M. SHAH A1K1A JALAL M. SHAK A1K1A J M SHAH, HAMID J. SHAH AND SAQIB J. SHAH (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) tbe 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in tbe possession of anyone other than a named garnishee, you are directed to notify him/her tbat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $66,879.15 1.1. $.50 Interest FROM 5/3/05 TO 917/05 (PER DIEM - $10.99) - $1,395.73 AND COSTS Atty's Conun % Due Prothy $1.00 Atty Paid $153.10 Other Costs Plaintiff Paid Date: MAY 5, 2005 (Seal) CURTIS R. LONG Protbonotary ~ --J3.y: ,~IM.J?.2. -::4.d.d' t~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19102-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court lD No. 62205 .. ... CITIMORTGAGE, INC., SIB/M TO PRlNICIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. JALAL M. SHAH AIKIA JALAL M. SHAK A1K1AJ M SHAH HAMID J. SHAH SAQIB J. SHAH NO. 05-1346 Defendant(s). AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No.1) CITIMORTGAGE. INC.. SIB/M TO PRINICIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,712 ERFORD ROAD, CAMP HILL, PA 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JALAL M. SHAH AlK/A JALAL M. SHAK 712 ERFORD ROAD AlK/ A J M SHAH CAMP HILL, P A 17011 HAMID J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the n property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) W AYPOINT BANK 235 NORTH SECOND STREET P.O. BOX 1711 HARRISBURG, PA 17105 ,c~ 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BLAZER CONSUMER DISCOUNT COMPANY 9A NO PROGRESS AVENUE HARRISBURG, PA 17109 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17028 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 712 ERFORD ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 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 ofl8 Pa. C.s. Sec. 4904 relating to unsworn falsification to authorities. --.-^ ~--, ( CO" . ~,9'>L ~ f}'iV\...;Q_0\ IEL G. SCH G, ESQU~ Attorney for Plaintiff April 29, 2005 DATE \ w'" <;(1 ::-;1...,., \\1f::~ ,;...., -; ',"--r. (.-:!\~) '(~:~1l c;'~ ':::.~ .....> c:c? L,-:? Gf' -- ~. :..<. s~ '-R (,j -- :_~~ 'j~- .- ~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CITlMORTGAGE, INC., SIBIM TO PRlNICIP AL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JALAL M. SHAH A/KfA JALAL M. SHAK A1KJAJM SHAH HAMID J. SHAH SAQIB J. SHAH NO. 05-1346 Dcfendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant () Act 9 I procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~--"-'-' \ r-' '6s <;;J"l - ,\...,,~ --" I <";1 o "-j"j ? !~~:~ ?; ~f\O ()(l",) _.--:.\,;u ;:J ?~~ ;,:;"..'1'1 '::'t ::7; ~ CJ - , CITIMORTGAGE, INC., SIB/M TO PRINICIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 05-1346 v. JALAL M. SHAH AlKlA JALAL M. SHAK AIKIA J M SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). April 29, 2005 TO: JALAL M. SHAH AIKIA JALAL M. SHAK AlKlA J M SHAH 712 ERFORD ROAD CAMP HILL, PA 170n HAMID J. SHAH 712 ERFORD ROAD CAMP illLL, PA 170n SAQIB J. SHAH 712 ERFORD ROAD CAMP illLL, PA 170n **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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, 712 ERFORD ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $66,879.15 obtained by CITIMORTGAGE, INC., SIBIM TO PRINICIPAL RESIDENTIAL MORTGAGE, INC. (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 Sheriffs Sale, you must take immediate action: I. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PAl 7OJ3 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL TIIA T CERTAIN tot or piece of ground situate in the Township of East Pennsboro, County of Cumberland and Connnonwealth of Pennsylvania, described in accoIdance with a survey and plan thereof, dated May t 9, 1979, by Gerrit J. Betz Associates, Inc., Engineers and Surveyors, as folloWs, to wit: BEGINNING at a point on tbe Soutberly righHlf.way line of ErfoId Road (East) said point being 262.17 feet East of Ihe Southeast comer of Matthew Road and FxfoId Road (East); thence from said beginning point and along Ihe aforesaid Soulherly right-of-way line of ErfoId Road (East), by a cutVe deflecting to the right having a radius of 280 feet, an arc distance of 51 feet to a point, a corner of Jands now or late of Elliot B. Sachs, et ux; thence along the same South 15 degrees 22 minutes 58 seconds West I22.88 feet to a point in line of lands now or late of William A. Thorne; thence along tbe same, Nortb 68 degrees 22 minutes 15 seconds West 29.71 feet to a point, a comer of lands now or late of Lany E. Kuntz; thence along the same Nortb 4 degrees 56 minutes 47 seconds East 116.95 feet to a point, the place of beginning. BEING Lot No. 4X, Block J, Plan No.8 of Ridley Park, recoIded in Plan Book 16, Page 49. HAVING thereon erected a two story brick dwelling known as No. 712 Erford Road. TITLE TO SAID PREMISES IS VESTED IN Jalal M. Shah and Hamid J. Shah and Saqib J. Shah, as joint tenants with Ihe right of survivorship by Deed from Aois A. Tyeb and Roohi A. Tyeb, his wife dated 4/3/1997 and recoIded 4/7/1997 in Deed Book 155, Page 532. Parcel#09-16-1050-218 Premises: 712 Erford Road, Camp Hill, PA 17011 r-' '-::,-, Cd '-" - ~ :.< I U"i o "-n --1 :L-r :.~.lr~~ t~ .j'-..... (-~~'?, 1..-" '~,t\f.~~: ".:{ " ,-.-.-," \.:9 (.,~ ~;J ~-<I:: ~"' AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF CITIMORTGAGE, INC., SIB/M TO PRINICIP AL RESIDENTIAL MORTGAGE, INC. PIT No. 05-1346 DEFENDANT(S) JALAL M. SHAH A/KI A JALAL M. SHAK A/KIA J M SHAH HAMID J. SHAH SAQIB J. SHAH ACCT. #1130635 Type of Action - Notice of Sheriff's Sale SERVE SAQIB J. SHAH AT 712 ERFORD ROAD CAMP HILL, PA 17011 Sale Date: SEPTEMBER 7,2005 SERVED Served and made known to 58.9.;" b :r: '5 ~~ \" , Defendant, on the I r tit. day of pJ. ~ f c;- "'(0 /13.1 c: '" ()<{. I .Ilel- \"'O\J'I~S ~\.1I( '" , 200_, at rJ. , o'clock f'm., at 17- 'T r 0 " r\ J , Conunonwealth ofPeIll1Sylvania, in the manner described below: Defendant personally served. II =ft=AdUlt family member with whom Defendant(s) residers). Name and Relationship is ..ra. \t'IA <t (C Adult in charge ofDefendant(s)'s residence who refused to give name or relationship-:-\ --r \;l \ M Manager/Clerk of place oflodging in which Defendant(s) residers). J'" Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. . .. ih foAl ,t--. b 5 Description: Age (;5"' Height~ Weight JS"O Race~Sex-10- Other V ",S<' I, da'i ~~~ h. C;)(l..~. JV., a competent adult, being duly swom according to law, depose and state that I personally handed a true and orrect copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOI'ARIAl. SfAL Sworn to and subscribed I. LUClJ.EH. CARTY, Hl*IyPltll before me this ~~y My =- FIIIIIlIn fa of---JU~f ' 200S ~ " ~~ ,Nov.10, Notary: ~ ~ By: \,.fJ PLEASE ATTEM'PT SER~CE AT LE T 3 TIMES. IrVo~CATE D ES TI~ES OF SERVICE ATTEMPTED. S!A6~ Other: NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: I I Time: 2nd Attempt: I / Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 ~. Notary: By: Attornev for Plaintiff Daniel G. Sehmieg, Esquire - I.D. No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE, INC., S/B/M TO PRINICIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY SMC No. 05-1346 DEFENDANT(S) JALAL M. SHAH A/KJA JALAL M. SHAK A/KJ A J M SHAH HAMID J. SHAH SAQIB J. SHAH ACCT. #1130635 Type of Action - Notice of Sheriff's Sale SERVE JALAL M. SHAH A/KJA JALAL M. SHAK A/KJA JM SHAH AT 712 ERFORD ROAD CAMP HILL, PA 17011 Sale Date: SEPTEMBER 7,2005 SERVED Il, , Defendant, on the / / ~~C.~dN""5 fo~<<"'J day of f1~1 ,200~ Served and made known to ::r ';) \ ~ I at g.. 10 , o'clock -f.m., at -131- M. Slt01. \.. FO'/- 0'1',; , Commonwealth of Pennsylvania, in the manner described below: )C Defendant personally served. Adult family member with whom Defendant(s) residers). Name and Relationship is Adult in cbarge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) residers). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: . .. ib. M:J.' \ Description: Age~ Height~ Weightj.S!) Race "....t.sexA Other ':l ~S"-Y I, c\.r~,,",c-(' /.., C~iL-\1 . -:lV. , a competent adult, being duly sworn according to law, depose and state that I personally banded a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. & TIMES OF SERVICE ATTEMPTED. Sworn to and subscribed befor/{Aae thiS~? of -'1 ',2,00_... to. Notary: ~ 1J1v'/~a PLEASE ATTEMPT SERVICE AT LE NOT SERVED On the day of ,200_, at 0' clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me tbis _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ,.. AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE, INC., S/BIM TO PRINICIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY SMC No. 05-1346 ACCT. #1130635 DEFENDANT(S) JALAL M. SHAH AlKlA JALAL M. SHAK AIKI A J M SHAH HAMID J. SHAH SAQIB J. SHAH Type of Action - Notice of Sheriff's Sale SERVE HAMID J. SHAH AT 712 ERFORD ROAD CAMP HILL, P A 17011 Sale Date: SEPTEMBER 7, 2005 SERVED Served and made known to HB/Nti d ::Y. Sl,..... '^ . , Defendant, on the / / d-L. day of ;/A....t ,200S at e: 10 , o'clock+.m, at :;l 3'1- ~'f 0". /vIec L........,'cs bvv<:.") , Conuuonwealth of Pennsylvania, in the manner described below: Defendant personally served. , \ \ 'f. Adult family member with whom Defendant(s) residers). Name and Relationship is J:.:J.trV\ ~ rt Adult in charge of Defendant(s)'s residence who refused to give name or relationshiP.\l' -;)... \... \ Manager/Clerk of place oflodging in which Defendant(s) residers). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. M. '3\"~h Other: ;~5 M;J. ! I II )J Description: Age~ HeightU Weight }SrJ Race li..t.Sex~ Other 1 ;}~5C"> I, C\;l."", oJ c .. 1... C~ l'- \1, "Tv', a competent adult, being duly sworn according to law, depose and state that 1 personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOrARIAL SEAl. UJr.II s: H. CARTY.= NlIlc It! 1i NlIv.1= Sworn to and subscr~ed be':l-cr this ~ ~ of '#{ , 200 . Notary:~-1Jl.~ PLEASE ATTEMPT SERVICE AT LE NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - LD. No. 62205 t~- 'I C._i -n ,'; C:,l \.L' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC., S/BIM TO PRINICIPAL RESIDENTIAL MORTGAGE, INC. ) CIVIL ACTION ) vs. ) CIVIL DIVISION ) NO. 05-1346 JALAL M. SHAH AlKJA JALAL M. SHAK AIKJ A J M SHAH HAMID J. SHAH SAQm J. SHAH AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for CITIMORTGAGE. INC.. S/BIM TO PRINICIP AL RESIDENTIAL MORTGAGE. INC. hereby verify that on ~ true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: August 2.2005 M DANIEL G. SCHMIEG Attorney for Plaintiff CITIMORTGAGE, INC., SlBfM TO PRINICIP AL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLF:,\:'- v. CIVIL DIVISION JALAL M. SHAH AlKJA JALAL M. SHAK AfKIAJMSHAH HAMID J. SHAH SAQffi J. SHAH NO. 05-1346 Defendant(s). AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No. I) CITIMORTGAGE. INC.. SIB/M TO PRINICIPAL RESIDENTIAL MORTGAGjo:.I~.( in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of i h: ,I; Praecipe for the Writ of Execution was filed the following infonnation concerning the r",'! p', :,: located at .712 ERFORD ROAD. CAMP HILL. PA 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot \'I; reasonably ascertained, please indicate; JALAL M. SHAH A1K1A JALAL M. SHAK 712 ERFORI) ROAD AlKlA J M SHAH CAMP HILI., PA 17011 HAMID J. SHAH 712 ERFORD ROAD CAMP HILL, I'A nOlI SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, I' A 170lI 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record, property to be sold: Name Last Known Address (if address Cdr,;,,, '.. reasonably ascertained, please indIct'; WAYPOINT BANK 235 NORTH SECOND STREET P.O. BOX 1711 HARRISBURG, PA 17105 , :' laintiff he 'ly , ~ : real 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BLAZER CONSUMER DISCOUNT COMPANY 9A NO PROGRESS A VENUE HARRISBURG, PA 17109 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably aSCl~rtained, please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17028 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiJlhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 712 ERFORI) ROAD CAMP HILl" P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg,P A 17105 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. Sec. 4904 relating to unsworn falsification to authorities. Aori129, 2005 DATE " 'b ~ ' , (f}'iV\..lQQ IEL G. S(~ G, ESQ~ Attorney for Plaintiff r ~. N - ~ 9.~Z "'~ Cfl~'" ~ li to "'~~ ~ '" -0'" II ~ ~ ~ ~ ~ ~ ~ · ~ ~ ~ ~ ~ ~::t ~ ... ~ N ~ 0 \:,.\ II po. ~a. \ H~ lZ ~ ';\ ~ ~s, o ,.V1 ; ~i . . ~ '" ~ ~'8 ~ i\~ ~~ \~ ~ ~ ~' '" S' ,.. ~ t ~"'~\I S8&~ 'gll~\t $ w,~ t ~ \~..g.,. 0 ~~S.6~' _ ....\1,';;' 9., ll:\>>H ,... g' Ii l:i.q~-~' g,'" ~!t2 ~if;"~ ~"\~ Po ~ r;." g g !'!~ it '" ~ v>. '&:::: ~"8h% saS\lft i ~.m<:>' ~~H 11 ~.~ ~' a.\('t-6 H~~ "'a~i ~.., ~- ...~i~ ~,!t"''l!' 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G"J :B~ ZC I ~<e. ..0 ,tI., 00 C :"< . :-..t _~, ;Ze, ". :J: -H :;J: Qo ~c - arT1 c: - -, .. ::=.j ~ U1 ;j N Citimortgage, Inc. slblm to Principal Residential Mortgage, Inc. VS Jalal M. Shah alkJa Jalal M. Shak alkJa J M Shah, Hamid J. Shah and Saqib J. Shah The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1346 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on May 19,2005 at 6:33 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Jalal M. Shah alkJa Jalal M. Shak alkJa J M Shah, Hamid J. Shah and Saqib J. Shah, by making known unto Nazhat Syed, adult daughter of Jalal M. Shah and adult sister of Hamid J. Shah and Saqib J. Shah, at 712 Erford Road, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy ofthe same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on July 07, 2005 at 6:45 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jalal M. Shah alkJa Jalal M. Shak alkJa J M Shah, Hamid J. Shah and Saqib J. Shah, located at 712 Erford Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jalal M. Shah alkJa JaIaI M. Shak alkJa J M Shah, Hamid J. Shah and Saqib J. Shah, by regular mail to their last known address of 712 Erford Rd., Camp Hill, PA 1701 I. These letters were mailed under the date of July 01, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 18.22 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 24.00 Certified Mail 2. I 2 Levy 15.00 Surcharge 40.00 Law Journal Patriot News Share of Bills 413.00 337.07 18.20 $ 929.11 Sworn and subscribed to before me 2005, A.D. r So Answers ?'~---~< ~/~ . R. Thomas Klirk, Sheriff BY ~~JN11il. Real Estate ergeant " \ ,::,iJ Ot.. ~-I 0 '7 '7 e..... I ~ c; .) 1';2- ~ CITIMORTGAGE, INC., SIB/M TO PRINICIP AL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JALAL M. SHAH AIKIA JALAL M. SHAK AIKIA JM SHAH HAMID J. SHAH SAQIB J. SHAH NO. 05-1346 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3 I 29 (Affidavit No. I) CITIMORTGAGE. INC.. SIB/M TO PRINICIPAL RESIDENTIAL MORTGAGE. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .712 ERFORD ROAD. CAMP HILL. PA 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JALAL M. SHAH AlK/A JALAL M. SHAK 712 ERFORD ROAD AlK/A J M SHAH CAMP HILL, P A 17011 HAMID J. SHAH 712 ERFORD ROAD CAMP HILL, P A 17011 SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, P A 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) W AYPOINT BANK 235 NORTH SECOND STREET P.O. BOX 1711 HARRISBURG, PA 17105 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BLAZER CONSUMER DISCOUNT COMPANY 9A NO PROGRESS AVENUE HARRISBURG, PA 17109 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17028 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 712 ERFORD ROAD CAMP HILL, P A 170]] Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 29. 2005 DATE ~~Q\l C~I}~O.Q\ IEL G. SCH G, ESQUI@) Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. B'y: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PffiLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF C1TIMORTGAGE, INC., S/B/M TO PRINICIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JALAL M. SHAH A/KJA JALAL M. SHAK AlKlA J M SHAH HAMID J. SHAH SAQIB J. SHAH NO. 05-1346 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~-- ."-., CITIMORTGAGE, INe., SIB/M TO PRINICIP AL RESIDENTIAL MORTGAGE, INe. Plaintiff, CUMBERLAND COUNTY No. 05-1346 v. JALAL M. SHAH A/KJA JALAL M. SHAK A/KJAJM SHAH HAMID J. SHAH SAQffi J. SHAH Defendant(s). April 29, 2005 TO: JALAL M. SHAH A/KJA JALAL M. SHAK A/KJA J M SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 HAMID J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 SAQffi J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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, 712 ERFORD ROAD, CAMP HILL. PA 17011. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PAl 7013, to enforce the court judgment of $66.879.15 obtained by CITIMORTGAGE, INC., SIBIM TO PRINICIPAL RESIDENTIAL MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with PaRC.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. 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 (2 I 5) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe 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 (717) 240-6390. 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 maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tot or piece of ground situate in 1ho TowllSlUp of East PelltlSboro, CoulllY of Cumberland and Commonweallh of Pconsylvania, described in accordance with a survey and plan tbereof. dated May 19, 1979, by Gereil I. Bm Associates, Ioe., Engineers and Surveyors, as folJoWs, to wit: BEGINNING at a point on tbe Southerly right-of-way line of Erfont Road (East) said point being 262.17 feet East of 1ho Southeast comer of Matthew Road and Erfun1 Road (East); tbencc from said beginning point and along the aforesaid Southerly rlgbt.qf..way line of Erfonl Road (East), by a curve dellectlng to 1ho right having a radius of 280 feet, an arc dislatlce of 5 I feet to a point, a comer of lands now or late of Elliot B. Sacbs, et ox; tbencc along the same South 15 degrees 22 minutes 58 seconds West 122.88 feet to a point in line of lands now or late of WiUlam A. Thome; dteoce along the same, North 68 degrees 22 minutes 15 seconds West 29.71 feet CO a point. a comer of lands now or late of Larry E. KlIIIIZ; tbeIlce along the same North 4 degrees 56 ininutes 47 seconds East 1I6.95 feet to a point, the place of beginning. BEING Lot No. 4X, Bloc\: J, Plan No.8 of Ridley Pari:. recoll1ed in Plan Boo\: 16, Page 49. HAVING thereon erected a two story bric\: dwelling known as No. 712 Erford Road. TITLE TO SAID PREMISES IS VESTED IN laIaI M. Shah aJ1d Hamid I. Shah aJ1d Saqib I. Shah, as joint lenanrs with the right of survivorship by Deed from Anis A. Tyeb and Roohl A. Tyeb, his wife dated 4/311997 aJ1d recorded 4n/I997 in Deed Boo\: I55, Page 532. Parcel#09-16-1050-218 Premises: 712 Erford Road, Camp Hill, P A 170 I 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1346 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., SIBIM TO PRINICPAL RESIDENTIAL MORTGAGE, INC., Plaintif! (s) From JALAL M. SHAH A/KJA JALAL M. SHAK A/KJA J M SHAH, HAMID J. SHAH AND SAQIB J. SHAH (I) 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) Ifproperty of the defendaut(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 hirnlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $66,879.15 1.1. $.50 Interest FROM 5/3/05 TO 917105 (PER DIEM - $10.99) - $1,395.73 AND COSTS Atty's Comrn % Due Prothy $1.00 Arty Paid $153.10 Plaintiff Paid Date: MAY 5, 2005 Other Costs (Seal) CURTIS R. LONG Prothonotary ~: ~t2-...,,/ 2 .~CR.I2/Z r Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19102-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #39 On May 11, 2005 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 712 Erford Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 11,2005 ByJOciy S VIILG-tL. Real Estate Deputy ~ ~ ~ ~ DE :Z d S- AVll \COZ \,'d 'J,\J. i~3HS ~:-I.L ..::'~I(__.:~;-, 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 Joseph A. Dennison, being duly swam according to law, deposes and says: That he is tbe Assistant Controller of The Patriot News Co., a corporation organized and existing under tbe laws oftbe Commonwealtb of Pennsylvania, witb its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18tb, 1949, respectively, and all have been continuously published ever since; That tbe printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sundayl Metro editions which appeared on the 19tb and 26tb day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in tbe subject matter of said printed notice or advertising, and that all of tbe allegations of this statement as to tbe time, place and character of publication are true; and That he has personal knowledge of tbe facts aforesaid and is duly autborized 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 tbe said Company and subsequently duly recorded in the office for tbe Recording of Deeds in and for said County of Dauphin in Misce eous Book "M", Volume 14, Page 317. COpy S ALE #39 NOTAR UBLlC My commission expires June 6, 2006 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing tbe notice or publication attached hereto on tbe above stated dates 337.Q7 --- REAL ES1lmi MLE .... Ie _.......,sa CMI_ CIlImorllPiP,-, _10 PIlnc\plllllall~_,,1IooI Mortgoge, I!lc. v. ...... M. SMh rNa".... M. SllBk -.J M SlIBb,_J. ~ _.bJ.SIIBh AtIy:1IllnIBI Sc:IHnIeg Df$CftIPTlON ALL TIIAT CIIRWN I.. .. pit<e of !J'lUIld ..... in Iho 1l>wmbiP of East """""""', ComIIy of CumbodaDd and C_weaItb of I'<nnsylVlllia,_inllCC<lll!aD<ewilha ....., and plan _, dali:d May 19, 1979, by GeIrit I. IIelz Asaoclaloa, IBo., Ilnginim and SUl'Ve)'(n, as fOllows, rowit BEGINNING at a point 00 Iho Soulhelfy tigIll- of-wayiineoflldool_(Ilaat) said point bang 26217foetllastof<hoSoulbOast_of __aIIlllldool'_(Ilast):1hoD<e from said lqiaoiog,poiDl and,,1ho aforesaid ~tigIll-of-wayliocoflldoolIlood(llaat), by a "",".cIelIoding IOlhotiglllbaving;!1dios ot280fooo,aO...,_of51 feot"'apoim,a comerofland5_ ..laloofEllio< B. -." ux;lhoD<ealooglho.....lIoIIIblSdeg=22 _li_w.arI22.B8feot",apointin 'liDeol__..laloofWJ!liamATh<xDe, 1IleDcealooglho.....,NOdh68dogtoea22 minutes JS secoads West 29.11 feet to a point; a comer of lands _ il<1alo ofLanyE. Kimlz; lIle1<ealoogIho.....No<lh4deg=56_ 47_1last11ji.9SfeotlOapoint,lhoplaceof BEGINNING. BEING Lot No:4X, Block I, Plan No. 8 of RidleyPaa, recooIcdillPlan_16,,,49. HAVING _ .a..:...Ia ......" brick dwellingbl.'lIaaNo. 7l2lldoo1Roi1d. - TI11J! 1'0 said -"" ia """" in laIal M. Sbab aIIll Haooid 1^ SIJah and Saqib I. Sbab. .. joint_wilhlholiSblofaotYiYodllipby DeooIfrom Aois A Tyob and lloobi A 1\'.6, &is ...., ~ 4/1IIWliIad _ 4flfWl in DeOd _ISS, Pa&e5l2, PARCELIOO-I~105ll-il8. PRIlMISF.'l: 712 lldooI'Rood, Camp Hill, PA 110ll. 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, V1Z;' July 15, 22, 29, 2005 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. S TO AND SUBSCRIBED before me this 29 day of Julv.2005 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro. Cumberland County MV Commission Expires March 5, 2009 REI\L ESTATE SALE NO. 39 Writ No. 2005.1346 CMI Citimortgage, inc.. s/b/m to Principal Residential Mortgage. Inc. vs. Jalal M. Shah. a/k/a Jalal M. Shak, a/k/a J. M. Shah. Hamid J. Shah and Saqib J. Shah Atty.: DanIel Schmieg DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the Township of East pennsboro, County of Cum- berland and Commonwealth of Penn- sylvania. described in accordance with a survey and plan thereof, dat- eel May 19. 1979, by Gemt J. Betz Associates, Inc., Engineers and Sur- veyors, as follows, to wit: BEGINNING at a point on the Southerly right~of-way line of Erford Road lEast) said point being 262.17 feet East of the Southeast corner of Matthew Road and Erford Road (East): thence from said beginning point and along the aforesaid South- erly right-of-way line of Erfoni Road (East), by a curve deflecting to the right having a radius of 280 feet, an arc distance of 51 feet to a point. a comer of lands now or late of Elliot B. Sachs. et ux; thence along the same South 15 degrees 22 minutes 58 seconds West 122.88 feet to a point in l10e of lands now or late of William A Thome;. thence along the same, North 68 degrees 22 minutes 15 seconds West 29.71 feet to a point, a comer of lands now or late of Larry E. Kuntz: thence along the same North 4 degrees 56 minutes 47 seconds East 116.95 feet to a point, the place of beginning. BEING Lot No. 4X. Block J. Plan No. 8 of Ridley Park. recorded in Plan Book 16, Page 49. HAVING thereon erected a two story brick dwelling known as No. 712 Erford Road. TITLE TO SAID PREMISES IS VESTED iN JalaI M. Shah and Hamid J. Shah and Saqib J. Shah. as joint tenants with the light of sur- vivorship by Deed from Anis A. Tyeb and Roohl A. 1)reb, his wife dated 4/3/1997 and recorded 4/ 7/1997 in Deed Book 155. Page 532. Parcel #09-16-1050-218. Premises: 712 Erford Road, Camp Hill. PA 17011.