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HomeMy WebLinkAbout14-1625 Supreme Court--;of Pennsylvania ' Cour �� Comm�o1n,Pleas i For Prothonotary Use Only: , v , - ©v fr Sheet R7.T C iBERT a C ou nty Docket No: ` The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service o leadin s or other papers as required by law or rules of court. Commencement of Action: S ❑x Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: NATIONSTAR MORTGAGE LLC Lead Defendant's Name: LOUBNA OUAFFAI T i Are money damages requested? El Yes 0 No Dollar Amount Requested: El within arbitration limits Q (Check one) outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes Z No I A Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, 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 j 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 j C ❑ Other: T I MASS TORT ❑Other: Q ❑ 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 El Mortgage Foreclosure: Commercial ❑ Quo Warranto � ❑Dental El Partition 1:1 Replevin ❑ Legal ❑Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: i Pa.R.C.P. 205.5 Updated 01101/2011 T d h, f'ti i , N A 2 ! PENNSYLVANIA PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 .1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215 -563 -7000 NATIONSTAR MORTGAGE LLC 425 PHILLIPS BLVD. COURT OF COMMON PLEAS EWING, NJ 08618 CIVIL DIVISION Plaintiff V • TERM LOUBNA OUAFFAI NO. `I I s C,U� 105: VALLEY STREET SUMMERDALE, PA 17093 -8017 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 937621 1. Plaintiff is NATIONSTAR MORTGAGE LLC 425 PHILLIPS BLVD. EWING, NJ 08618 2. The name(s) and last known address(es) of the Defendant(s) are: LOUBNA OUAFFAI 105 VALLEY STREET SUMMERDALE, PA 17093 -8017 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/07/2006 LOUBNA OUAFFAI made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORP., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1975, Page 3637 The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2013 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 #: 937621 Y" 6. The following amounts are due on the mortgage as of 01/01/2014: Principal Balance $158,815.23 Interest $6,882.00 05/01/2013 through 01/01/2014 Late Charges $0.00 Property Inspections $81.25 Mortgage Insurance Premium / $172.08 Private Mortgage Insurance Escrow Advance $1,153.11 TOTAL $167,103.67 7. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. 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) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 937621 y 1 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $167,103.67, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: John D. Kr n, Esq., Id. No.312244 Attorney for Plaintiff File #: 937621 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the Southeasterly corner of Valley and Plain Streets; thence along the Southerly line of Valley Street, North 70 degrees 10 minutes East, 84.25 feet to a point; thence South 19 degrees 50 minutes East, 100 feet to a point; thence South 70 degrees 10 minutes West, 84.25 feet to a point on the Easterly line of Plain Street aforesaid; thence along same North 19 degrees 50 minutes West 100 feet to a point, the place of BEGINNING. Being known as No. 15 Valley Street. BEING the same premises which Carl G. Gault and Frances H. Gault, by deed dated January 27, 1956 and recorded January 31, 1956 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y Volume 16 Page 260, granted and conveyed unto Bernard L. Huntz and Lilliam G. Huntz. PROPERTY ADDRESS: 105 VALLEY STREET, SUMMERDALE, PA 17093 -8017 PARCEL #09 -12- 2995 -088 File #: 937621 1 VERIFICATION h e "` (- QV, hereby state that I am &ap CENLAR FSB, mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to CENLAR FSB for the mortgage loan which is the subject of this action. Plaintiff lacks sufficient information to make this verification because Plaintiff is not the entity which maintains the business records for the mortgage. CENLAR FSB is in possession and control of all documents and records supporting the statements in the foregoing complaint and therefore the servicer, rather than the Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account, and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: / vA/C_ ail iwd N Title: CENLAR.FSB File #: 937621 Name: OUAFFAI File #: 937621 FORM 1 IN THE COURT OF COMMON PLEAS NATIONSTAR MORTGAGE LLC OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. LOUBNA OUAFFAI S Defendant(s) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE 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 Mid?enn 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 represcitative 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 tomeet 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: I N �`� t' .f Date John D. John, Esq., Id. - No.312244 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/PRIMARY 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: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ 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: 1. 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 2nd 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. S endin 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) y 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 #: 937621 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF ~UMBER~ANppOUNT.� Y � �n�ti»�v*x, ~�i� APR 15 8�|D' �| .�� ^°.". " ." ".'."� ". [^ 7- �� CUMBERLAND CO��|TY PENNSYLVANIA m=�aQF THE $:!-,..ERIFP Nationstar Mortgage LLC vu. Loubna Quaffai Case Number SHERIFF'S RETURN OF SERVICE 03/21/2014 Ronny R Anderson, Sheriff, who bein duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Loubna Quaffai, in the following manner: On March 21, 2014 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's iast knowri address of 121 Majesty Drive, Davenport, FL 33837-3579. The certified mail return receipt card was received by the Cumberland County Sheriff's Office signed by Loubna Quaffai on March 28, 2014. 03/21/2014 Sheriff Ronny R Anderson, being duly sworn according to /aw, states he made diligent search and inquiry for the within named Defendant to wit: Loubna Quaffai, but was unabie to iocate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Forectosure as "Not Served" at 105 Valley Street, 8ummenda|e, PA 17093. The United States Postal Service has eliminated all Summerda|eaddreouew. 03/24/2014 04:38 AM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Loubna Quaffai, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 105 Valley Street, East Pennsboro, Eno|a, PA 17025. Residence appears to be vacant, 03/24/2014 04:50 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Loubna Quaffai, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential yNortgogeFnrec|osuneDivonaionPnogromandComp|aintinN1ortgagaForec|ouureae''NotFovnd''at318 Spring Lano, East Pennsboro, Eno|o, PA 17025. Current resident Judy Schaeffer has resided at this addess for two years and the defendant does not live here. SHERIFF COST: $68.80 SO ANSWERS, April 07, 2014 RON R ANDERSON, SHERIFF CountySuite Sheriff, Tdeosoft, inc. SENDER: COMPLETE THIS SECTION • °a • Complete items 1, 2; and 3. Also complete item 4 if Restricted Delivery is desired: • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Loubna Quaffai 121 Majesty Drive Davenport, FL 33837 -3579 COMr ETE THIS SEC ;'ON ON DELIVERY 0 Agent 0 Addressee C. Date of Delivery D. Its delivery address different front item 1? If YES, enter rdelivery address below: .,, :k 2 J L:: ;1} Service 0 Certified Mail® 0 Priority Mall Express' 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 Collect on Delivery 0 Yes 0 No 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (transfer from service label) ru07 0710 0003 2210 4129 PS Form 3811. July 2013 Domestic Return Receipt AFFIDAVIT OF SERVICE ( HLMC) Please effectuate Service attempts by 04/20/2014 on Philadelphia Addiesses or 05/05/2014 on Out of State Addresses PLAINTIFF CUMBERLAND COUNTY NAT1ONSTAR MORTGAGE LLC DEFENDANT LOUBNA OUAFFAI SERVE LOUBNA OUAFFAI AT: 121 MAJESTY DRIVE DAVENPORT, FL 33837 -3579 PH li 937621 SERVICE TEAM/ mi>; COURT NO.: 14.1625 -CIVIL TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action S1RVEID: Served ; utd A oid ue known to J Ot.ERN OLIA I F A i, i)s f ntl =tut t)71 the42 day of ►‘f , 20 OT , at in the manner described below: 100m, p'c lvc} '. M , at l 1Mal _keDelendant personally serval. 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: �, t g 5'6 " Weight /30 Race ' Sex f Othei ' a(✓*) . \\�fI �ticnJ: Age / Tp } Hei ht a competent adult, being duly sworn according to law, depose and state that 1 personally handed a true and corr t copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the addi'ess indicated above. Sworn to and subscribed before the this day of , 20 Notary: By: NOT SERVED On the day of , 20 , at _ o'clock _. N1., E. a competent adult hereby state that cause; oes Not Exist _Moved Does Not Reside (Not Vacant) at __ : Defendant NOT FOUND be Vacant D _ No Answer on Service Refused Ocher: Sworn 10 and s imfore 3t' this I;ty of MICHAEL J. GOoOIA MY COIMASSION M EE 054984 EXPIRES: January 12, 2016 Handed Tf u Notary Pubic Undet n By: at ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel 0. Schmieg, Esq., Id. No, 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tubas, Esq., Td. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., ld. No. 84439 Chrisovalantc P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Mario 3. Hanyon, Esq., Id. No. 203993 John M. Kolesnik, Esq., Id. No. 308877 Matthew 0. Brushwood, Esq., Id. No. 310592 Justin F. Kobeski, Esq., Id. No. 200392 Adam Davis, Esq., Id. No. 203034 Joseph E. DeBarberie, Esq., Id. No. 315421 EMILY M. PHELAN, Esq., Id. No. 3] 5250 Michael Dingerdissen, Esq., Id. No. 317124 One Perin Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 AFFIDAVIT OF SERVICE (EHLMC) Please effectuate Service attempts by 04/20/2014 on Philadelphia Addresses or 05/05/2014 on Out of State Addresses PLAINTIFF CUMBERLAND COUNTY NAT1ONSTAR MORTGAGE LLC PH # 937621 DEFENDANT LOUBNA OUAFFAI SERVE LOUBNA OUAFFAI AT: 121 MAJESTY DRIVE DAVENPORT, FL 33837-3579 SERVED Served and made known to LOUBNA OUAFFAI, Defendant on the 2 day of YVA 20 f00 , o'clock r. M., at /24/4"igirl WVIC14?0,4" , in the manner described below: efendant 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: Agc *al) Height5 if Weight /30 Race Sex Other lagi/4)alts4R. I. 3N SERVICE TEAM/ nijg COURT No.: 14-1625-CIVIL TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action 'TO rriCZ rn z a competent adult, being duly sworn according to law, depose and state that I personally handed a true and eon. -t copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the addfess indicated above. Sworn to and subscribed before me this day of .20 Notary: By On the day of . 20 , at 1)cfctida11 NOT FO Vacant Does Not Exist No Answer on Service Refused Other: Sworn to and subscrib before me this of at MOM J. °MLA MY •OMMISSION 0 EE 054904 EXPIRES: Amery 12, 2015 Bonded TM Notary Pubic Uneelvoiters By: NOT gT(YED, o'clock . v1., I, , a competent adult hereby state that Moved Does Not Reside (Not Vacant) at ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id, No. 62695 Daniel G. Schmieg, Esq., Id. No, 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No, 58745 Jennie R. Davey, Esq., Id, No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No, 86657 Andrew 1.. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtcnay R. Dunn, Esq., Id. No. 206779 Mario 3. Hanyon, Esq., Id. No. 203993 John M. Kolesnik, Esq., 10. No. 308877 Matthew G. Brushwood, Esq., 10. No. 310592 Justin F. Kobeski, Esq., Id. No. 200392 Adam Davis, Esq., Id. No. 203034 Joseph E. DeBarberie, Esq., Id. No, 315421 EMILY M. PHELAN, Esq., Id. No, 315250 Michael Dingerdissen, Esq., Id. No. 317124 Onc Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 ,•- • t - = s cou L VA tvI A Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County LOUBNA OUAFFAI Defendant(s) No.14-1625-CML SUGGESTION OF RECORD CHANGE RE: PROPERTY ADDRESS IN DOCKET TO THE PROTHONOTARY: Property Address was erroneously listed on the docket as: 105 VALLEY STREET,SUMMERDALE,PA 17093 The correct Property Address is: 105 VALLEY STREET A/K/A 105 VALLEY ROAD,ENOLA,PA 17093 Kindly change the information on the docket. Date: I lPHEL AL By: Courtenay R.Dunn,Esq.,Id. No.206779 Attorney for Plaintiff PH#937621 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 NATIONSTAR MORTGAGE LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County LOUBNA OUAFFAI Defendant(s) No.14-1625-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s)on the date listed below: LOUBNA OUAFFAI 121 MAJESTY DRIVE DAVENPORT,FL 33837-3579 Date: faI _ PHELAN HALL ,LLP By: Courtenay R.Dunn,Esq.,Id. No.206779 Attorney for Plaintiff 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 NATIONSTAR MORTGAGE LLC vs. LOUBNA OUAFFAI 1 RRuTi;i t t7TAii R, lAtt t� :fc r'laintiff ' UMBERL A NO PENNSYLVANIA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -1625 -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 LOUBNA OUAFFAI, 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 $167,103.67 TOTAL $167,103.67 I hereby certify that (1) the Defendant's last known addresses are 121 MAJESTY DRIVE, DAVENPORT, FL 33837-3579 and 105 VALLEY STREET, A/K/A 105 VALLEY ROAD, ENOLA, PA 17093-8017, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGE! ARE EREBY ASSESSED AS INDICATED. DATE: a � PH # 937621 PROTHONOTARY 937621 at,* iL,U 3 a"s s gal N Le t PHELAN HALLINAN, LLP Jonathan Lobb,.EEsq:; Id: No.312174 1617 JFK Boulevard, Suite 1400. One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563=7000 Attorney for Plaintiff NATIONSTAR MORTGAGE LLC : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. LOUBNA OUAFFAI CIVIL DIVISION No. 14 -1625 -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, andthat on information and belief, he/she has knowledge of the following facts, to wit: (a)' that the defendant LOUBNA OUAFFAI is not iii 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 LOUBNA OUAFFAI is over 18 years of age andresides at 121 MAJESTY DRIVE, DAVENPORT, FL 33837-3579 and 105 VALLEY STREET, A/K/A 105 VALLEY ROAD; ENOLA, PAS 17093-8017. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date g it Phelald` allinan, 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 937621 (Rule of Civil Procedure No. 236) - Revised NATIONSTAR MORTGAGE LLC : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS LOUBNA OUAFFAI : CIVIL DIVISION : No. 14 -1625 -CIVIL against you on Notice is given that a Judgment in the above captioned matter has been entered If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 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. * * 937621 NATIONSTAR MORTGAGE LLC Plaintiff v. LOUBNA OUAFFAI Defendant(s) TO: LOUBNA OUAFFAI 121 MAJESTY DRIVE DAVENPORT, FL 33837-3579 DATE OF NOTICE: l f r COURT OF COMMON PLEAS CIVIL DIVISION NC). 14 -1625 -CIVIL CUMBERLAND COUNTY 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 Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 By:, P1I # 937621 CUMBERLAND COUNTY BAR. ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 el Dingerd'issen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 NATIONSTAR MORTGAGE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. LOUBNA OLJAFFAI. NO. 14 -1625 -CIVIL Defendant(s) CUMBERLAND COUNTY TOt LOUBNA OUAFFAI 105 VALLEY STREET, A/K/A 105 VALLEY ROAD ENOLA, PA 1709778017 DATE OF NOTICE: 7,/ 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 WTTII 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 NC) FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 937621 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 . • gerdissert, Esq., Id. No.317124 Attorney foi 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 Nationstar Mortgage LLC Plaintiff V. Loubna Ouaffai Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/03/2014 to Date of Sale ($27.47 per diem) TOTAL Note: Please attach description of property. PH # 937621 s 38'.so/pd a/11 Vigo Mr 103. 5" COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -1625 -CIVIL CUMBERLAND COUNTY $167,103.67 $3,378.81 $170,482.48 P n Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Sb&L z3 L --kJ i- /o/2c/ s6613DF JA -14" LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the Southeasterly corner of Valley and Plain Streets; thence along the Southerly line of Valley Street, North 70 degrees 10 minutes East, 84.25 feet to a point; thence South 19 degrees 50 minutes East, 100 feet to a point; thence South 70 degrees 10 minutes West, 84.25 feet to a point on the Easterly line of Plain Street aforesaid; thence along same North 19 degrees 50 minutes West, 100 feet to a point, the place of BEGINNING. Being known as No. 15 Valley Street. TITLE TO SAID PREMISES IS VESTED IN Loubna Ouaffai, by Deed from Bernette Huntz and Jacque Brink, co -personal representatives of the estate of Lillian Huntz, dated 12/04/2006, recorded 12/11/2006 in Book 277, Page 4674. PREMISES BEING: 105 Valley Street, a/k/a 105 Valley Road, Enola, PA 17093-8017 PARCEL NO. 09-12-2995-088 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 Nationstar Mortgage LLC Plaintiff v. Loubna Ouaffai Defendant(s) FROT ;ONO !ra,n' Attorneys for Plaintiff i 1aAUG-4 All V3 CISPEf�'SYLVP CO��Tt' CERTIFICATION : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -1625 -CIVIL . Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant 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: Pan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Nationstar Mortgage LLC Plaintiff v. Loubna Ouaffai Defendant(s) O li-:art a AUC --1+ 41 110: CUMBERLAND COUNTY PENNSYLVANIA • COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -1625 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Nationstar Mortgage LLC, 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 105 Valley Street, a/k/a 105 Valley Road, Enola, PA 17093-8017. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) LOUBNA OUAFFAI 121 MAJESTY DRIVE DAVENPORT, FL 33837-3579 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) LOUBNA OUAFFAI 121 MAJESTY DRIVE DAVENPORT, FL 33837-3579 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. 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) None. PH # 937621 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 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE INTERNAL REVENUE SERVICE ADVISORY U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 105 VALLEY STREET A/K/A 105 VALLEY ROAD ENOLA, PA 17093-8017 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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: ft / PH # 937621 By: Phel'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 I Nationstar Mortgage LLC Loubna Ouaffai 3T ONQTAR'. :1't ti U -14 r:. i 4 CUMBERLAND CCUf TYPlaintiff PENNSYLVANIA vs. : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -1625 -CIVIL Defendant(s) : Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Loubna Ouaffai 121 Majesty Drive Davenport, FL 33837-3579 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 105 Valley Street, a/k/a 105 Valley Road, Enola, PA 17093-8017 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $167,103.67 obtained by Nationstar Mortgage LLC (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. 14 -1625 -CIVIL Nationstar Mortgage LLC v. Loubna Ouaffai owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 105 Valley Street, a/k/a 105 Valley Road, Enola, PA 17093-8017 Parcel No. 09-12-2995-088 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $167,103.67 Attorneys for Plaintiff Phelan Hallinan, LLP } LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the Southeasterly corner of Valley and Plain Streets; thence along the Southerly line of Valley Street, North 70 degrees 10 minutes East, 84.25 feet to a point; thence South 19 degrees 50 minutes East, 100 feet to a point; thence South 70 degrees 10 minutes West, 84.25 feet to a point on the Easterly line of Plain Street aforesaid; thence along same North 19 degrees 50 minutes West, 100 feet to a point, the place of BEGINNING. Being known as No. 15 Valley Street. TITLE TO SAID PREMISES IS VESTED IN Loubna Ouaffai, by Deed from Bernette Huntz and Jacque Brink, co -personal representatives of the estate of Lillian Huntz, dated 12/04/2006, recorded 12/11/2006 in Book 277, Page 4674. PREMISES BEING: 105 Valley Street, a/k/a 105 Valley Road, Enola, PA 17093-8017 PARCEL NO. 09-12-2995-088 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 170.13 (717) 240-6195 www.ccpa.net NATIONSTAR MORTGAGE LLC Vs. LOUBNA OUAFFAI WRIT OF EXECUTION NO 14-1625 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $167,103.67 L.L.: $.50 Interest FROM 8/3/2014 TO DATE OF SALE ($27.47 PER DIEM) - $3,378.81 Atty's Comm: Due Prothy: $2.25 Atty Paid: $217.55 Other Costs: Plaintiff Paid: Date: 8/4/14 Davi:'!' uell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: JONATHAN LOBB, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312174 AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Case Number: 14 -1625 -CIVIL Court Date: 12/3/2014 10:00 am Plaintiff: NATIONSTAR MORTGAGE, LLC vs. Defendant: LOUBNA OUAFFAI For: PHELAN HALLINAN, & DIAMOND, PC Common Pleas Court Received by Michael Mosely on the 8th day of August, 2014 at 11:40 am to be served on LOUBNA OUAFFAI, 121 MAJESTY DRIVE, DAVENPORT, FL 33837. I, Michael Mosely, being duly sworn, depose and say that on the 9th day of August, 2014 at 8:35 pm, 1: SUBSTITUTE served by delivering a true copy of the NOTICE OF SHERIFF'S SALE OF REAL PROPERTY with the date and hour of service endorsed thereon by me, to: SONYA OUAFFAI as CO-TENANT/DAUGHTER AGE 18 at the address of: 121 MAJESTY DRIVE, DAVENPORT, FL 33837, the within named person's usual place of Abode, who resides therein, who is fifteen (15) years of age or older and informed said person of the contents after the provisions as set forth in Section 48.031 (1)(a), Florida Statutes have been met. Military Status: Based upon inquiry of party served, Defendant is not in the military service. Marita+l'Status: Yes Description of Person Served: Age: 18, Sex: F, Race/Skin Color: WHITE, Height: 5'3, Weight: 175, Hair: BROWN, Glasses: N Under penalty of perjury, I declare that I have read the foregoing Return of Service and that the facts stated in it are true. I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in the judicial circuit in,which the process was served. NO NOTARY REQUIRED PURSUANT TO F.S. 92.525(2) State of Florida County of Polk Subscribed and Sworn to before me on the 11th day of August, 2014 by the affiant who is personally known to e. - r ..a NOTARYj• OBLIC ecky S. Gaston BECKY S. GASTON * MY COMMISSION # EE 187699 °� EXPIRES: May 31, 2016 no fie Bonded Thru Budget Notary Services Michael Mosely Certified Process Server CA608 FULL SPECTRUM SERVICES, INC. 320 W Bearss Ave, Suite 320 Tampa, FL 33613 (856) 813-1460 Our Job Serial Number: BGX-2014006643 Ref: PH937621 Copyright ©1992-2011 Database Services, Inc. - Process Server's Toolbox V6.5h 1111111111111111111111111111111111111 PHELAN HALLINAN,LLP ' ' -; s =1 Attorney for Plaintiff Paul Cressman,Esq.,Id.No.318079- , 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NATIONSTAR MORTGAGE LLC CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION LOUBNA OUAFFAI Defendant(s) No.: 14-1625-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 attache Pa`tfi,QressmP,Esq.,Id.No.318079 Attorne or laintiff Date: v 23 /� 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. PH#937621 ATM t ti 4Z17 L y m � ILi v C A w let cra, d �. cM �• n ` d d IN vs wt t. s a t s a a A. ,► �y .d �d Is i. f ;l: 1 R0. 0 - 44i 2�j at; ",�.oU., 0", air � .C" a �r• p' � �' '� �` �� � �; o.' o.� o'� � o � �� •� �� ° Epi � 3 �•�' ' C ;c of t`q" vs' r 0. O P. Z ,-� W G.� +o CL A ts: .'+ "�" Ci {.�,.t G.) U p A; rTi f�i ,M ri sa cs t. 67 flp 00