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HomeMy WebLinkAbout06-6672PHELAN 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 C215) 563-7000 144105 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. JALAL M. SHAH H AMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 (, - & L 7.2. Ct,ud- -7-1. CUMBERLAND COUNTY 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 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Fi,e #: 144105 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. File #: 144105 Plaintiff is CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 The name(s) and last known address(es) of the Defendant(s) are: JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 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 Book: 1373, Page: 826. By Assignment of Mortgage recorded 07/03/1997 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 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. Fie #: 144105 6. The following amounts are due on the mortgage: Principal Balance $67,290.90 Interest 2,036.60 06/01/2006 through 11/17/2006 (Per Diem $11.98) Attorney's Fees 1,250.00 Cumulative Late Charges 242.31 04/03/1997 to 11/17/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 71,369.81 Escrow Credit 0.00 Deficit 95.16 Subtotal 95.16 TOTAL $ 71,464.97 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 Sheriffs 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 $ 71,464.97, together with interest from 11/17/2006 at the rate of $11.98 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. 77HALLfNAN /Fr& SCHMIEG, LLP By: ancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Ft c #: 144105 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 J. 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, Camp Hill, PA 17011 BIDING the same premises which Anis A. Tyeb and Hasham A. Tyeb, joint tenants, by their deed dated September 20, 1982 and recorded October 14, 1982, in the Recorder of 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. PARCEL No. 09-16-1050-218 File #: 144105 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his 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 unworn falsification to authorities. ):? ) )d? FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ! 1// 7/& t cs? ? r•lY ? CD '? i -71 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 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 5280 CORPORATE DRIVE, MS1011 FREDERICK, MD 21703 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6672 CIVIL TERM JALAL 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 of the Plaintiff and against JALAL M. SHAH, HAMID J. SHAH and SAOIB J. SHAH, 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 Plaintiffs damages as follows: As set forth in Complaint Interest from 11/18/06 to 01/18/07 TOTAL $71,464.97 $742.76 $72,207.73 I hereby certify that (1) 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. DANIEL G. S I , ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Xo7 PRO ROTHY 144105 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 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6672 CIVIL TERM 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 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. 'OkfqfEl G. SC IEG, E4QM?RE,,; Attorney for Plaintiff 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 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 5280 CORPORATE DRIVE, MS1011 FREDERICK, MD 21703 Plaintiff, V. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6672 CIVIL TERM 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) is/are not in the Military or Naval Service of the 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 is over 18 years of age and resides at, 712 ERFORD ROAD, CAMP HILL, PA 17011. (c) that defendant HAMID J. SHAH is over 18 years of age, and resides at, 712 ERFORD ROAD, CAMP HILL, PA 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. DANIEL C G, ES ,IRE Attorney for Plaintiff V PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE, INC., SB/M TO PRINCIPAL : COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. Plaintiff : CIVIL DIVISION Vs. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendants TO: JALAL M. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 DATE OF NOTICE: JANUARY 3, 2007 CUMBERLAND COUNTY NO. 06-6672-CIVIL TERM FILE COPY 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 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., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE, INC., SB/M TO PRINCIPAL : COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. Plaintiff : CIVIL DIVISION Vs. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendants TO: HAMID J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 DATE OF NOTICE: JANUARY 3.2007 : CUMBERLAND COUNTY :NO. 06-6672-CIVIL TERM FILE COPY 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F CIS S. HALL AN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE, INC., SB/M TO PRINCIPAL : COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. Plaintiff : CIVIL DIVISION Vs. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendants TO: SAQIB J. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 DATE OF NOTICE: JANUARY 3.2007 : CUMBERLAND COUNTY :NO. 06-6672-CIVIL TERM FILE COPY 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F CIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ..? c . ? .?? --?rr^?? MEr- y, ?1 f ?.-. to % : ? ?_' ?rK?: ? ? e?+ (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 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 5280 CORPORATE DRIVE, MS1011 FREDERICK, MD 21703 Plaintiff, V. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). CIVIL DIVISION CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 06-6672 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on .J90 19 2007 . By: IlMtg4L If you have any questions concerning this matter, please contact: ffAlVkEL G. Zp irMIEG, ESQUIRE Attorney for intiff ONE PENN CENTER AT SUBURBAN STATION 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. No. 06-6672 CIVIL TERM JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $72,207.73 Interest from $1/18/06to -1 `11016? 4' $1,733.02 and Costs (per diem -$11.87) TOTAL $76,140.25 DANIEL G. SCHMIEG, ESQ1ARE 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. 144105 ^VJ \T- { ?I Y t d ?> ? z 0 ? O H? H a a zz U _ Ow t/1 V w y Oz ? O w? 0u ?7w? aA? d °' 3 ? s a H a ??? a w o z Od O w a u 0a U x a1 z E - U 171 = .....t 4- rti '} ?. ` CL v N O ? t4 VV t cly ri A? AQ l dd as as as xx U U -d ? o rte, ww a N N b W d V J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6672 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From JALAL M. SHAH, HAMID J. SHAH, 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) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,207.73 L.L. $.50 Interest FROM 11/18/06 TO 1/18/07 (PER DIEM - $11.87) - $1,733.02 AND COSTS Atty's Comm % Atty Paid $227.00 Plaintiff Paid Date: JANUARY 31, 2007 (Seal) Due Prothy $1.00 Other Costs dd? Curt' R. Lon ono y By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 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 J. 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. TITLE TO SAID PREMISES IS VESTED IN Jalal M. Shah and Hamid J. Shah and Saqib J. Shah, as joint tenants with rights of survivorship, by Deed from Anis A. Tyeb and Roohi A. Tyeb, his wife, dated 04/03/1997, recorded 04/07/1997, in Deed Book 155, page 532. f -,CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. v. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6672 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIMORTGAGE, INC., S/B/M TO PRINCIPAL 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 of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JALAL M. SHAH 712 ERFORD ROAD CAMP HILL, PA 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 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 Waypoint Bank CitiMortgage, Inc., Hanan Awadalla Last Known Address (if address cannot be reasonably ascertained, please indicate) 235 North Second Street Harrisburg, PA 17105 1000 Technology Drive, MS 314 O'Fallon, MO 63304 1010 Tunbridge Lane Mechanicsburg, PA 17050 e 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) Principal Residence Mortgage, Inc. Blazer Consumer Discount Company 711 High Street Des Moines, IA 50392 9A North 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) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Township of East Pennsboro 98 South Enola Drive Enola, PA 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 712 ERFORD ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 19, 2007 L? A &'U? DATE DANIEL G. CHMIEG, ES IRE Attorney for Plaintiff f ? h.7 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). TO: JALAL M. SHAH 712 ERFORD ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 06-6672 CIVIL TERM January 19, 2007 HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD 712 ERFORD ROAD CAMP HILL, PA 17011 CAMP HILL, PA 17011 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA ITEMPT 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 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72,207.73 obtained by CITIMORTGAGE, INC., S/B/M TO PRINCIPAL 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: 1. 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. 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 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, PA 17013 (717) 249-3166 (800) 990-9108 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 J. 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. TITLE TO SAID PREMISES IS VESTED IN Jalal M. Shah and Hamid J. Shah and Saqib J. Shah, as joint tenants with rights of survivorship, by Deed from Anis A. Tyeb and Roohi A. Tyeb, his wife, dated 04/03/1997, recorded 04/07/1997, in Deed Book 155, page 532. C? 0 . ? -n Iy Vy SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06672 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, ho being duly sworn according to law, says, that he made a diligen search and inquiry for the within named DEFENDANT SHAH JALAL M but was unable to locate Him in his bailiwick. He therefore ret -1-1 T 11T- TR __ T'9 /'1T1 T.1 the within named DEFENDANT , SHAH JALAL M 234 FOX DRIVE MECHANICSBURG, PA 17050 234 FOX DRIVE IS VACANT. the NOT FQ JND , as to Sheriff's Costs: Docketing 6.00 Service 8.80 Not Found 5.00 Surcharge 10.00 .00 I?lYjb-l ?29.80 So answers: R. Thomas"Kline Sheriff of /Cumberland Count PHELAN HALLINAN SCHMIEG 12/07/2006 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND SASE NO: 2006-06672 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, ho being duly sworn according to law, says, that he made a diligen search and inquiry for the within named DEFENDANT unable to locate Her in his bailiwick He therefore ret the within named DEFENDANT 234 FOX DRIVE SHAH HAMID J but was the NOT Fk JND , as to MECHANICSBURG, PA 17050 234 FOX DRIVE IS VACANT. Not Found 5.00 R. Thotas Kline Surcharge 10.00 Sheriff of Cumberland Count .00 21.00 PHELAN HALLINAN SCHMIEG 12/07/2006 Sworn and Subscribed to before me this day of , Sheriff's Costs: So answers- Docketing 6.00 Service .00 A. D. SHERIFF'S RETURN - NOT FOUND i CASE NO: 2006-06672 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, ho being duly sworn according to law, says, that he made a diligen search and inquiry for the within named DEFENDANT SHAH SAQIB J but was unable to locate Him in his bailiwick. He therefore ret ns the NOT F D as to the within named DEFENDANT SHAH SAQIB J 234 FOX DRIVE MECHANICSBURG, PA 17050 234 FOX DRIVE IS VACANT. Sheriff's Costs: So answers: Docketing 6.00 - Service .00 Not Found 5.00 R. Thomas line Surcharge 10.00 Sheriff of Cumberland Count' .00 21.00 PHELAN HALLINAN SCHMIEG 12/07/2006 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - REGULAR SASE NO: 2006-06672 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff f Cumberland County,Pennsylvania, who being duly sworn acco ing to law, says, the within COMPLAINT - MORT FORE was served upon SHAH JALAL M the DEFENDANT at 1952:00 HOURS, on the 6th day of December , 2006 at 712 ERFORD ROAD CAMP HILL, PA 17011 by handing to JALAL M SHAH a true and attested copy of COMPLAINT - MORT FORE tog her with and at the same time directing His attention to the conte4s thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 Affidavit .00 •1 Surcharge 10.00 R. Thomas Kline .00 41.20 12/07/2006 1?1 F?67 /41.20- PHELAN HALLINAN SCHM IEG Sworn and Subscibed to By: before me this day Deput Sh i of A.D. SHERIFF'S RETURN - REGULAR + SASE NO: 2006-06672 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff f Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upo SHAH HAMID J the DEFENDANT , at 1952:00 HOURS, on the 6th day of Dec at 712 ERFORD ROAD r , 2006 CAMP HILL, PA 17011 by handing to JALAL M SHAH, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE tog her with and at the same time directing His attention to the conte s thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Tf? o` er Surcharge 10.00 R. Thomas Kline .00 16.00 12/07/2006 9 2 PHELAN HALL INAN, F LG Sworn and Subscibed to By:- / before me this day Deputy She f of A.D. SHERIFF'S RETURN - REGULAR r CASE NO: 2006-06672 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SHAH JALAL M ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff f Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upo SHAH SAQUIB J the DEFENDANT at 1952:00 HOURS, on the 6th day of Dec er , 2006 at 712 ERFORD ROAD CAMP HILL, PA 17011 by handing to JALAL M SHAH, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE tog her with and at the same time directing His attention to the contjs thereof. Sheriff's Costs: So Answers: Docketing 6.00 ,:.. Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 i1r?Jo1 _ ? 16.00 12/07/2006 PHELAN HALLINAN SC Sworn and Subscibed to By: \_ before me this day Dlept l of A.D. HN'fXG ?e ty Sheri"f 02/07/07 WED 14:59 FAX 2155633826 Law Offices PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Christine.Schoffl e?Tfedphe.com tine Schoffler (udi; vent Department, Ext. 1286 Feb r awry 7, 2007 Off i:e of the Sheriff Curt berland County Courthouse 1 C : urthouse Square Carl sle, PA 17013 AT[ENTION: JODY Representing Lenders in Pennsylvania and New Jersey FAX: 717-240-6397 Re: CITIMORTG.A.GE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. v. JALAL M. SHAH, HAMID J. SHAH and SAQIB J. SHAH No. 06-6672 CIVIL TERM Premises: 712 ERFORD ROADCAMP HILL, PA 17011 Dezx Jody: Please STAY the Sheriff's Sale of the above referenced property, which is scheduled for ,a UNE 13, 2007. , Please be further advised that no consideration was reported to have been received by czar office. Veil- truly yours, CQZ Christine Schoffl.er for Phelan Hallinan & Schmieg, LLP WJ UU1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6672 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From JALAL M. SHAH, HAMID J. SHAH, 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) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,207.73 L.L. $.50 Interest FROM 11/18/06 TO 1/18/07 (PER DIEM - $11.87) - $1,733.02 AND COSTS Atty's Comm % Atty Paid $227.00 Plaintiff Paid Date: JANUARY 31, 2007 (Seal) Due Prothy $1.00 Other Costs ('Jajz--? Cu 's R. Long, P onota By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 t L! ? 'Cs i L c :? a LL WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6672 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From JALAL M. SHAH, HAMID J. SHAH, 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) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,207.73 L.L. $.50 Interest FROM 11/18/06 TO 1/18/07 (PER DIEM - $11.87) - $1,733.02 AND COSTS Atty's Comm % Atty Paid $227.00 Plaintiff Paid Date: JANUARY 31, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 1 Due Prothy $1.00 Other Costs Curtis Long, Pro ary By: Deputy ew"wheneot,1 here Uft set my tw. the ski f said Court -it Cards. Pa. 7 a ?.. t? i , ;_ _j WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6672 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From JALAL M. SHAH, HAMID J. SHAH, 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) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,207.73 L.L. $.50 Interest FROM 11/18/06 TO 1/18/07 (PER DIEM - $11.87) - $1,733.02 AND COSTS Atty's Comm % Atty Paid $227.00 Plaintiff Paid Date: JANUARY 31, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy 0?" ??i- Yi dyY?i?d+nJy u ?a?arv? 64 +?eM11111 OQy Whereof, I here Unto s# my bm the f said Cou pf Carlisle, Pa. Due Prothy $1.00 Other Costs 6c Curtis t Long, Proth ry By: ,. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6672 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From JALAL M. SHAH, HAMID J. SHAH, 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) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,207.73 L.L. $.50 Interest FROM 11/18/06 TO 1/18/07 (PER DIEM - $11.87) - $1,733.02 AND COSTS Atty's Comm % Atty Paid $227.00 Plaintiff Paid Date: JANUARY 31, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy r*,/l- V?If' 1 rTi"adav+, r r.varv? . +bwmonywhvw, i here unto seamy h& the f said 'Ou -it Carlisle, Pa. Due Prothy $1.00 Other Costs Curti . Long, Pr otary By: ? ? ? ? l1 ?? :) L ! ! v i. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6672 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From JALAL M. SHAH, HAMID J. SHAH, 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) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,207.73 L.L. $.50 Interest FROM 11/18/06 TO 1/18/07 (PER DIEM - $11.87) - $1,733.02 AND COSTS Atty's Comm % Atty Paid $227.00 Plaintiff Paid Date: JANUARY 31, 2007 (Seal) REQUESTING PARTY: Due Prothy $1.00 Other Costs Curtis R. Long, Pro By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 J r?? W%Ji- l) ry? YV ?Y/i{ Y gM1,40*0i 6: ' whereof, I here urno set my ba the f said Cou ?f Carlisle, Pa. is` ? - 7 Li WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6672 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From JALAL M. SHAH, HAMID J. SHAH, 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) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a gamishee and is enjoined as above stated. Amount Due $72,207.73 L.L. $.50 Interest FROM 11/18/06 TO 1/18/07 (PER DIEM - $11.87) - $1,733.02 AND COSTS Atty's Comm % Atty Paid $227.00 Plaintiff Paid Date: JANUARY 31, 2007 (Seal) REQUESTING PARTY: Due Prothy $1.00 Other Costs Curtis 1(d . Long, Pro ary By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 . o il- wvu- 4-1-gwauvll 0 as-,%0'%0 1 u. !e51111TonyWh0FW' I here !ltlto set my hb 1 the f said Cou f Carlisle, Pa. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6672 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From JALAL M. SHAH, HAMID J. SHAH, 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) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,207.73 L.L. $.50 Interest FROM 11/18/06 TO 1/18/07 (PER DIEM - $11.87) - $1,733.02 AND COSTS Atty's Comm % Atty Paid $227.00 Plaintiff Paid Date: JANUARY 31, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy +eorr=,ywlr?eof, I hemurrtosetmyh J the f said Cou It Carlisle, pa. Due Prothy $1.00 Other Costs 1 Curtis. Long, Pro otary By: v t L::u WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6672 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From JALAL M. SHAH, HAMID J. SHAH, 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) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,207.73 L.L. $.50 Interest FROM 11/18/06 TO 1/18/07 (PER DIEM - $11.87) - $1,733.02 AND COSTS Atty's Comm % Atty Paid $227.00 Plaintiff Paid Date: JANUARY 31, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Due Prothy $1.00 Other Costs Curtis . Long, Pr otary By: Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 is. lvvir' YyrY1?Mi?YVV a aaa??y6 6: 30" whow, I here unto set my h& t he sal of said Cour; at Carlisle, Pa. -,. ???._'_, { CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). CITIMORTGAGE INC. SB/M TO PRINCIPAL 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. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 1. Name and address of Owner(s) or reputed Owner(s): Name JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6672 CIVIL TERM Last Known Address (if address cannot be reasonably ascertained, please indicate) 712 ERFORD ROAD CAMP HILL, PA 17011 712 ERFORD ROAD CAMP HILL, PA 17011 712 ERFORD ROAD CAMP HILL, PA 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) Waypoint Bank CitiMortgage, Inc., Hanan Awadalla 235 North Second Street Harrisburg, PA 17105 1000 Technology Drive, MS 314 O'Fallon, MO 63304 1010 Tunbridge Lane Mechanicsburg, PA 17050 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) Principal Residence Mortgage, Inc. Blazer Consumer Discount Company 711 High Street Des Moines, IA 50392 9A North 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) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Township of East Penusboro 98 South Enola Drive Enola, PA 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 712 ERFORD ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 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 of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. January 19, 2007 LttA '41,1111AII-1 DATE DANIEL CHMIEG, ES IRE Attorney for Plaintiff 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 J. Betz Associates, Inc., Engineers and Surveyors, as follows, to wit: BEGINNING at a point on the Southerly rigbt-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. TITLE TO SAID PREMISES IS VESTED IN Jalal M. Shah and Hamid J. Shah and Saqib J. Shah, as joint tenants with rights of survivorship, by Deed from Anis A. Tyeb and Roohi A. Tyeb, his wife, dated 04/03/1997, recorded 04/07/1997, in Deed Book 155, page 532. 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 J. 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. TITLE TO SAID PREMISES IS VESTED IN Jalal M. Shah and Hamid J. Shah and Saqib J. Shah, as joint tenants with rights of survivorship, by Deed from Anis A. Tyeb and Roohi A. Tyeb, his wife, dated 04/03/1997, recorded 04/07/1997, in Deed Book 155, page 532. 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 J. 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. TITLE TO SAID PREMISES IS VESTED IN Mal M. Shah and Hamid J. Shah and Saqib J. Shah, as joint tenants with rights of survivorship, by Deed from Anis A. Tyeb and Roohi A. Tyeb, his wife, dated 04/03/1997, recorded 04/07/1997, in Deed Book 155, page 532. 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 J. 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. TITLE TO SAID PREMISES IS VESTED IN Jalal M. Shah and Hamid J. Shah and Saqib J. Shah, as joint tenants with rights of survivorship, by Deed from Anis A. Tyeb and Roohi A. Tyeb, his wife, dated 04/03/1997, recorded 04/0711997, in Deed Book 155, page 532. 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 J. 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. TITLE TO SAID PREMISES IS VESTED IN Jalal M. Shah and Hamid J. Shah and Saqib J. Shah, as joint tenants with rights of survivorship, by Deed from Anis A. Tyeb and Roohi A. Tyeb, his wife, dated 04/03/1997, recorded 04/07/1997, in Deed Book 155, page 532. CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH Defendant(s). CUMBERLAND COUNTY No. 06-6672 CIVIL TERM January 19, 2007 TO: JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD 712 ERFORD ROAD 712 ERFORD ROAD CAMP HILL, PA 17011 CAMP HILL, PA 17011 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 HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 712 ERFORD ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72,207.73 obtained by CITIMORTGAGE, INC., SB/M TO PRINCIPAL 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: 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. 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 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, PA 17013 (717) 249-3166 (800) 990-9108 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 J. 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. TITLE TO SAID PREMISES IS VESTED IN Jalal M. Shah and Hamid J. Shah and Saqib J. Shah, as joint tenants with rights of survivorship, by Deed from Anis A. Tyeb and Roohi A. Tyeb, his wife, dated 04/03/1997, recorded 04/07/1997, in Deed Book 155, page 532. If CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH CUMBERLAND COUNTY No. 06-6672 CIVIL TERM Defendant(s). January 19, 2007 TO: JALAL M. SHAH HAMID J. SHAH SAQIB J. SHAH 712 ERFORD ROAD 712 ERFORD ROAD 712 ERFORD ROAD CAMP HILL, PA 17011 CAMP HILL, PA 17011 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 HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT 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 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72,207.73 obtained by CITIMORTGAGE, INC., SB/M TO PRINCIPAL 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: 1. 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. It 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. 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 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 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 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 J. 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. TITLE TO SAID PREMISES IS VESTED IN Jalal M. Shah and Hamid J. Shah and Saqib J. Shah, as joint tenants with rights of survivorship, by Deed from Anis A. Tyeb and Roohi A. Tyeb, his wife, dated 04/03/1997, recorded 04/07/1997, in Deed Book 155, page 532.