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Home My WebLink About01-03872P:\roger\litigationNoney Store v Zellner\entry of appearance.doe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TMS MORTGAGE, INC., d/b/a The Money Store Plaintiff NO. 01-3872 CIVIL TERM VS. CIVIL ACTION-LAW Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013 MORTGAGE FORECLOSURE Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter my appearance for CRYSTAL L. ZELLNER, the defendant in the above-captioned matter. Roger M. Morgenth , Esquire ID#17143 FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 M? r U V C7? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. TMS Mortgage Inc., DB/A The Money Store, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. Crystal L. Zellner 517 North Pitt Street Carlisle, PA 17013, No. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc): Plaintiff's Motion For Summary Judgement 2. Identify counsel who will argue case: Plaintiff's Counsel Richard M. Squire, Esquire 115 West Ave., Suite 104 Jenkintown, PA 19046 Defendant's Counsel Crystal L. Zellner, pro se 517 N. Pitt Street Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Dated: 5 3 ?? Attorney I.D. No. 042 Attorney For Plaintiff N}}'t?" -sYrsFhb»?h'?u???tY9k?s- Rw..4F3.9au}???n? x:e..?at&t?+.S,v?P_5.. _ ?'.?'-"• M - - - ,. ?i (?. _ ?Y.1 m r -'= r ? ?? - ? : i-? " __. - ?'r = 'n :, • =, i '? N =< Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. 7919 Washington Lane Wyncote, PA 19095 Telephone: 215-886-6354 Fax: 215-886-1355 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 NO: or - _3q ?a &bd CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. COMPLAINT - CIVIL ACTION NOTICE TO DEFEND 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 maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 AVISO LE RAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dincro o sus edades u otros derechos importantes para usted. LLEVEESTADEMANDAAUNABOGADOINMEDIATAMENTE. SINOTIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. 7919 Washington Lane Wyncote, PA 19095 Telephone: 215-886-6354 Fax: 215-886-1355 TMS Mortgage Inc., d/b/a The Money Store, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO: O/- ,39'7-2. CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, TMS Mortgage Inc., d/b/a The Money Store, through its attorney, Richard M.. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: 1. Plaintiff, TMS Mortgage Inc., d/b/a The Money Store ("Plaintiff'), is a corporation with a principal place of business at c/o Rosicki, Rosicki & Associates, One Old Country Road, Suite 429, Carle Place, NY 11514. 2. The Name and mailing address of each Defendant is : Crystal Zellner 517 N. Pitt Street, Carlisle, Pa 17013. On 11/23/1999 Crystal Zellner made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff, which mortgage is recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No. 1585, Page 1030. 4. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of the above-described assignments. 5. Each Mortgagor named in paragraph 3 above executed a note as evidence of the debt secured by the Mortgage (the "Note"), and is incorporated herein by reference as though fully set forth at length. 6. The real property which is subject to the Mortgage is generally known as 517 North Pitt Street, Carlisle, PA 17013, (the "Mortgaged Premises"). The legal description of the Mortgaged Premises is attached hereto and marked as Exhibit "A" and is incorporated herein by reference as though fully set forth at length. 7. The interest of each individual Defendant is as Mortgagor, Real Owner or both. 8. If any Defendant above-named is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his/her estate, however, the estate of said Defendant is hereby released from liability for the debt secured by the Mortgage. 9. The Mortgage is in default because the monthly payment of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of 04/01/2001 and have not been paid. Upon failure to make such payments when due, the whole of the principal, together with the charges specifically itemized below, are immediately due and payable. 2 The following amounts are due as of June 22, 2001: Principal of Mortgage debt due and unpaid $32,073.19 Interest due and owing from 03/01/2001 to 06/22/2001 at 11.55%, $17.08 per diem 1,930.04 Plus Late Charges of $19.44 per month, assessed on the 11 m day after payment is due 97.20 Corporate Advance 345.59 Attorney's Fees 1,603.65 TOTAL 36 049.67 10. Interest accrues at a per diem rate of $17.08 and late charges accrue at a monthly rate of $19.44, assessed on the 11`h day payment is past due for each date after the payment due date, and Plaintiff may incur additional attorney's fees and costs as well as other expenses, costs and charges collectable under the Note and Mortgage. 11. Notice of intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sea. was mailed to each individual Defendant via regular and certified mail, return receipt requested, on 04/06/2001. A true and correct copy of said notice is attached hereto and marked as Exhibit "B" and is incorporated herein by reference as though fully set forth at length. 3 WHEREFORE, Plaintiff demands judgment against Defendant Crystal Zellner, for foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph 09, namely $ plus the following amounts accruing after 6/22/01, to the date of judgment : (i) interest at a per diem rate of $17.08; (ii) late charges of $19.44 per month assessed on the 11 ' day payment is past due; and (iii) additional attorney's fees hereafter incurred and costs of suit. RICHARD Nt"RWAA ~A*tS, LLC By: 7919 Washington Lane Wyncote, PA 19095 ` 215-886-6354 Attorneys for Plaintiff Date: June 22, 2001 UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE. ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4 VERIFICATION I, Richard M. Squire, hereby certify that I am an attorney for Plaintiff and am authorized to make this verification on its behalf I verify that the facts and statements set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: June 22, 2001 A1.L TEIAT PARCEL OF LAirD W CARL1MLE A'MOTIGR CC7WWAI AND COUNTY STATE all FF.KNf;VI.VAN7A_ AS i4MORF. FLIXYDRSCRI RY7I l17RM 11MIC ISL PAr;l, -1.9-3 Ma 06-20-M&0S7 BEING KROMM AND DUICNATM AS Z TMCTS BEING MORE FULLY DESCRIBED AS KIETW AND BOUNDS PRUPRMIYY MM) MOM RICSARD W DLTRE.Y AM) NL'l.wURVE 13 M."13 MY HUSSAND AND WIFE. AS M ORTII INDF-EP W301: 151 PAGE M DATED 12W-19" AND MCORDED fi17QZ11987,.'l?Lr? `1fVfRTRLAM)(-0lNTYRF.,V0M% C:('lWlONWFALT$ 0F.MMSYLVA14A lltt'' FXOn"\3IA 11 ?-) i ? mEq,. DF985 CRYSTAL L ZELLNER 517 N PITT STREET CARLISLE, PA 17013 April 6, 2001 NBRC 0087372348 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO FOR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER: CRYSTAL L ZELLNER 517 N PITT STREET CARLISLE, PA 17013 0087372348 HomEq Servicing Corporation IMPORTANT INFORMATION ON THE BACK OF THIS PAGE Ex,b? tl,?.r HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN CONSUMER CREDIT COUNSELING AGENCIES- If 'you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lendel may NOT take further action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the End of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and `they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to- face meeting. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Petshsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that time, rib foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT, BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) IMPORTANT INFORMATION CONTINUED ON NEXT PAGE HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 517 N PITT STREET CARLISLE, PA 17013 CARLISLE PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3; b) Delinquent Amount Due: $1,184.67 c) Late Charges: $38.88 d) Recoverable Corporate Advances $ 20.00 e) Other Charges and Advances $ 0.0 f) Less funds in Suspense: $ 0.00 e) Total amount required as of (due date) $ 1,243.55 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,243.55) PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cashier's check. certified check. or monev order made nnvnhle fn- Regular Mail HomEq Servicing Corporation P.O. Box 96053 Charlotte, NC 28296-0053 Overnight FUNB Lockbox 96053 1525 West W.T. Harris Blvd. Charlotte, NC 28262-00 You can cure any other default by taking the following action, within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) - IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its riehts to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chalice to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE LETTER DATE, HomEq Servicing Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time un to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due plus any late charges. charges then due reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. IMPORTANT INFORMATION ON THE BACK OF THIS PAGE EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such Sheriffs sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER BY TELEPHONE OR MAIL: Name of Lender: HomEq Servicing Corporation Address: FUNB Lockbox 96053, 1525 West W.T. Harris Blvd Charlotte, NC 28262-0053 Telephone Number: 800 795-5125 Ext. 10302 Fax Number: 916-617-0655 E +LFECT OF SHERIFF'S SALE- You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO-PAY OFF THE MORTGAGE DEBT, OR BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY' OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED TO THIS LETTER Sincerely, HomEq Servicing Corporation; sr?S?kY?Zd,:?1trlliN'4:¢v'at §?sr,.ti;'r?+.c3ud a , i^ s w «ys ac«r ??. , ?rm?s Nm?'ai?*""°°°' '°"°kmw"vaniu•.. _ W? ?^-.. 0 C_y c CA, 71 ' SHERIFF'S RETURN - REGULAR CASE NO: 2001-03872 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TMS MORTGAGE INC ET AL VS ZELLNER CRYSTAL L BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ZELLNER CRYSTAL L the DEFENDANT , at 1636:00 HOURS, on the 11th day of July 2001 at 517 NORTH PITT STREET CARLISLE, PA 17013 by handing to CRYSTAL ZELLNER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and subscribed to before me this .23,tj day of A.D. ?rrv I P o honotary So Answers: R. Thomas Kline 07/13/2001 RICHARD SQUIRE & ASSOCIATES By. A- A, j eD?pi#y heriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TMS MORTGAGE, INC., d/b/a The Money Store Plaintiff NO. 01-3872 CIVIL TERM vs. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013 Defendant CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE TO PLEAD TO: TMS Mortgage, Inc., d/b/a The Money Store and its Attorney, Richard M. Squire, Esquire: You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Roge M. Morgenth , Esquire ID# 17143 Attorney for Defendant FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 \)MAINSERVER\PUBLIC\roger\litigation\Money Store v Zellner\Answer & New Matter.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TMS MORTGAGE, INC., d/b/a The Money Store Plaintiff Vs. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013 Defendant NO. 01-3872 CIVIL TERM CIVIL ACTION-LAW MORTGAGE FORECLOSURE ANSWER OF DEFENDANT CRYSTAL L. ZELLNER AND NOW comes Defendant Crystal L. Zellner and makes the following Answer to Plaintiff's Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. On the contrary, after reasonable investigation, Defendant is without sufficient information to answer the said averments, said information being in the exclusive control of Plaintiff, and proof if i t relevant is demanded at trial. \\iMAINSERVER\PUBLIC\roger\litigation\Money Store v Zellner\Answer & New Matter.doe 6. Denied. On the contrary, after reasonable investigation, Defendant is without sufficient information to answer the said averments, said information being in the exclusive control of Plaintiff, and proof if relevant is demanded at trial. 7. Denied. On the contrary, after reasonable investigation, Defendant is without sufficient information to answer the said averments, said information being in the exclusive control of Plaintiff, and proof if relevant is demanded at trial. This paragraph is not applicable as Defendant is not deceased. 9. Denied. On the contrary, after reasonable investigation, Defendant is without sufficient information to answer the said averments, said information being in the exclusive control of Plaintiff, and proof if relevant is demanded at trial. 10. Denied. On the contrary, after reasonable investigation, Defendant is without sufficient information to answer the said averments, said information being in the exclusive control of Plaintiff, and proof if relevant is demanded at trial. 11. Denied. On the contrary, after reasonable investigation, Defendant is without sufficient information to answer the said averments, said information being in the exclusive control of Plaintiff, and proof if relevant is demanded at trial. \WAINSERVER\PUBLIC\roger\litigation\Money Store v Zellner\Answer & New Matter.doc WHEREFORE, Defendant Crystal L. Zellner requests that your Honorable Court dismiss the Plaintiffs Complaint, with costs on the Plaintiff. NEW MATTER 12. Defendant believes and therefore avers that the mortgage in question was assigned by Plaintiff to HomEq, a corporation having an office at P.O. Box 160101, Sacramento, CA 95816. 13. In order to resolve any issues as to being in default on said mortgage, Defendant contacted one Steven Cypert, a representative of HomEq, asking what she needed to do to bring said mortgage current. 14. She was advised by Mr. Cypert to arrange for a payment through the Western Union Quik Collect Program, and if she did this, the mortgage would be current and no foreclosure would occur. 15. Defendant followed the instructions given her by Mr. Cypert, but because he had given her incorrect or incomplete information, the payment was refused by Western Union. 16. But for the incorrect information given to Defendant by Plaintiffs assignee, said mortgage would not be in default but rather would be paid current. \\MAINSERVER\PUBLIC\roger\litigation\Money Store v Zellner\Answer & New Matter.doc WHEREFORE, Defendant Crystal L. Zellner requests that your Honorable Court dismiss the complaint, with costs on the Plaintiff. Respectfully submitted, Rog r M. Morgenthal, Esquire ID#17143 Attorney for Defendant FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 \WAINSERVER\PUBLIC\roger\litigation\Money Store v Zellner\Answer & New Matter.doc VERIFICATION I, CRYSTAL L. ZELLNER, verify that I am the defendant in this action and that the foregoing Answer with New Matter is true and correct to the best of my knowledge, 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. rystal L. Zellner Date: NE. ZUD? \1MAINSERVER\PUBLIC\roger\litigation\Money Store v Zetlner\CERTIFICATE OF SERVICE.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TMS MORTGAGE, INC., d/b/a The Money Store Plaintiff NO. 01-3872 CIVIL TERM VS. CIVIL ACTION-LAW Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013 MORTGAGE FORECLOSURE Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer with New Matter upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, first class postage prepaid, addressed as follows: Richard M. Squire, Esquire 7919 Washington Lane Wyncote, PA 19095 Attorney for Plaintiff Date: ?AA114--- RogerM. Morgenthal, Esquire Attorney ID# 17143 FISHMAN & MORGENTHAL 95 Alexander Spring Rd., Suite 3 Carlisle, PA 17013 Attorneys for Defendant (717) 249-6333 li C Sy .L T rr' G Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Fax: (215) 886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store, PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE ORDER AND NOW, to wit, this day of , 2001, upon consideration of Plaintiff's Motion for Summary Judgment and supporting documents thereto, and upon consideration of the Reply, if any, filed by the Defendant hereto, the Court hereby determines that Defendant, Crystal L. Zellner, failed to make a legal defense to Plaintiffs claim and that Plaintiff is entitled to Summary Judgment as a matter of law and that the Court, therefore, ORDERS AND DECREES that Judgment, in rem, shall be entered in favor of the Plaintiff and against Defendant, Crystal L. Zellner, in the amount of $37,386.63, together with ongoing per diem interest, late charges, escrow advances, and any additional recoverable costs to date of Sheriffs Sale, and for judgment in foreclosure and sale of the mortgaged property located at 517 North Pitt Street, Carlisle, PA 17013. It is further ORDERED AND DECREED that Defendant's New Matter is hereby denied and dismissed, with Prejudice. BY THE COURT: J. Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney MWO4267 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Fax: (215) 886-8791 Attorneys for Plaintiff TMS Mortgage hie., d/b/a The Money Store, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 NO: 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. MOTION FOR SUMMARY JUDGMENT Plaintiff, TMS Mortgage Inc., d/b/a The Money Store, through its Attorney, Richard M. Squire, Esquire, respectfully requests your Honorable Court to enter an Order granting Summary Judgment in the above-captioned matter for the following reasons: 1. There are no genuine issues as to any material fact, and therefore, the Plaintiff (moving party) is entitled to Judgment as a matter of law. 2. Defendant, Roxane Crystal L. Zellner, filed an Answer to the Complaint in which she effectively admitted all of the allegations in the Complaint. 3. At the time of this pleading, Defendant, Crystal L. Zellner, owned the premises being foreclosed upon without making a mortgage payment since February 1, 2001. 4. Defendant, Crystal L. Zellner, admitted outright, and/or in part, paragraphs 1, 2, 3, 4 and 8 of the Complaint, thereby admitting, inter-a1ia, that she is the mortgagor of the property, and that she is in default of the Mortgage. Although Defendant denied specifically or by necessary implication the averments contained in paragraphs 5, 6, 7, 9, 10 and 11 of the Complaint, in reality, said denials are improper and Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney M04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Fax: (215) 886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 NO: 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. MOTION FOR SUMMARY JUDGMENT Plaintiff, TMS Mortgage Inc., d/b/a The Money Store, through its Attorney, Richard M. Squire, Esquire, respectfully requests your Honorable Court to enter an Order granting Summary Judgment in the above-captioned matter for the following reasons: There are no genuine issues as to any material fact, and therefore, the Plaintiff (moving party) is entitled to Judgment as a matter of law. 2. Defendant, Roxane Crystal L. Zellner, filed an Answer to the Complaint in which she effectively admitted all of the allegations in the Complaint. At the time of this pleading, Defendant, Crystal L. Zellner, owned the premises being foreclosed upon without making a mortgage payment since February 1, 2001. 4. Defendant, Crystal L. Zellner, admitted outright, and/or in part, paragraphs 1, 2, 3, 4 and 8 of the Complaint, thereby admitting, inter-alia, that she is the mortgagor of the property, and that she is in default of the Mortgage. Although Defendant denied specifically or by necessary implication the averments contained in paragraphs 5, 6, 7, 9, 10 and 11 of the Complaint, in reality, said denials are improper and f should be deemed as admissions for the reasons set forth in the attached Memorandum of Law. 6. Plaintiff has complied with the Pennsylvania pre-foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et seq.) and Act 91 (35 P.S. Section 1680.401c, et seq.). Plaintiff has an express contractual right pursuant to the terms of the Mortgage to charge the attorney's fees as a consequence of the initiation of the within action in Mortgage Foreclosure. hi addition to the amounts due and owing as set forth in the Complaint, additional sums have accumulated since the filing of the Complaint, pursuant to the terms of the Mortgage. The total sums due and owing, which sums can be calculated from the face of the Complaint, are as follows: Principal of Mortgage debt due and unpaid $32,073.19 Interest due and owing from 03/01/2001 to 06/22/2001 at 11.55%, $17.08 per diem 3,228.12 Plus Late Charges of $19.44 per month, assessed on the I l' day after payment is due 136.08 Corporate Advance 345.59 Attorney's Fees 1,603.65 TOTAL 37 386.63 WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant its Motion for Summary Judgment, and that Judgment be entered, in rem, as prayed for in the Complaint in favor of the Plaintiff and against Defendant, Crystal L. Zellner, in the amount of $37,386.63, plus ongoing per diem interest, late charges, escrow advances, any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property. Respectfully submitted, RICHARD M.,SQH4RJ By: Attorney for Plaintiff/Movant ti C) c M r mr: -o T ? 71 bm w Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Fax: (215) 886-8791 TMS Mortgage Inc., d/b/a The Money Store, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 NO: 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 12. Plaintiff incorporates paragraphs 1 through 11 of its Complaint as if set forth fully herein and at length. 13. Admitted. Plaintiff is in the process of preparing a legal assignment to HomEq Services Corporation.. 14. Admitted in part, Denied in part. By way of further answer Defendant contacted Steven Cypert of HomEq regarding possible workout options available. 15. Admitted in part, Denied in part. By way of further answer, Defendant was advised that if she were to bring the mortgage completely current, the foreclosure would not continue. 16. Admitted in part, Denied in part. By way of further answer, Defendant was advised that should she have the funds to bring the mortgage current, payment through Western Union would be an acceptable method. However, Defendant indicated to the Plaintiff that a full reinstatement was not possible at that moment and a second job would be needed on Defendant's part in order to raise the required funds. 17. Denied. If payment was not possible or accepted through Western Union, any reasonable person would have attempted to correct such a problem or find an alternate method of providing certified funds in order to prevent the continuation of foreclosure proceedings against the property. WHEREFORE, Plaintiff respectfully requests that judgment be entered as prayed for in its Complaint. Respectfully RICHARD D Attorney for Plaintiff Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Fax: (215) 886-8791 TMS Mortgage Inc., IN THE COURT OF COMMON PLEAS d/b/a The Money Store, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. NO: 01-3872 Crystal L. Zellner CIVIL ACTION 517 N. Pitt Street Carlisle, Pa 17013 MORTGAGE FORECLOSURE DEFENDANT. CERTIFICATE OF SERVICE I, Richard M. Squire, Esquire, hereby certify that I served true and correct copies of the Plaintiffs Motion for Summary Judgment, Brief in Support and Reply to Defendant's New Matter upon the following person named herein at their last known address or their attorney of record. xxxxxx Date Served: 9/6/01 Regular First Class Mail Certified Mail Other (certificate of mailing) TO: Roger M. Morgenthal, Esquire Fishman & Morgenthal 99 Alexander Spring Road, Suite 3 Carlisle, PA 17013 Attorney for Defendant RICHARD A. Squire, Esquire for Plaintiff/Movant \\MAINSERVER\PUBLIC\roger\litigation\Money Store v Zellner\Answer & New Matter.doc WHEREFORE, Defendant Crystal L. Zellner requests that your Honorable Court dismiss the complaint, with costs on the Plaintiff. Respectfully submiiittted Ro r M. Morgenthal, Esquire ID#17143 Attorney for Defendant FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 c n Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 7919 Washington Lane TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 NO: 01-3872 CIVIL ACTION DEFENDANT. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Crystal L. Zellner, Defendant(s) for their 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 the Complaint $36,049.67 Interest from 6/25/01 to 8/14/01 854.00 TOTAL $36,903.67 I hereby certify that (1) the address of the Defendant(s) are as shown above, and (2) that has been given in accordance with Rule 237.1, copy attached. ?9 f Richard,YA. Squire, D Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: G; J c20r1 / C1,. - Q ` KI LI PROTHONOTARY Richard A Squire, , Esquire I.D. No. 04267 Richard A Squire & Associates, LLC. 7919 Washington Lane Wyncote, PA 19095 Telephone: 215-886-6354 Fax: 215-886-1355 Attorneys for Plaintiff TMS Mortgage Inc., Court of Common Pleas d/b/a The Money Store, Civil Division V. Cumberland County Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 No. 01-3872 To: Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 DATE OF NOTICE: August 1. 2001 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire Attorney for Plaintiff W Richard M, Squire & Associates, LLC By: Richard M. Squire, Esquire ID No.04267 7919 Washington Lane Wyncote, PA 19095 TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Crystal L. Zellner DEFENDANT. NO: 01-3872 CIVIL ACTION VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, 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 defendants 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 Defendants Crystal L. Zellner are over 18 years of age and reside at 517 North Pitt Street, Carlisle, Pa 17013. This statement is made subject to the penalties of 18 Pa. C.S. Sect,W 4904 relating to unworn falsification to authorities. RichardX.. Squire, Attorney for Plainti F F W pV, r n r-? C -- z L1 i Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PAA 17013-3387 717-240-6195 Date TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, V. Crystal L. Zellner DEFENDANT. NOTICE TO: Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on t , a judgment(deeree)(order) was entered against you in this office in the proceeding as indicated above. Prothonotary Deputy Prothonotary Date Mailed: 5? 0200f i } Rv C G7 ?'J m r K w co - sa ? ? G ? C PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated on full) TMS Mortgage Inc., d/b/a The Money Store, VS. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013 (Plaintiff) (Defendant) No. 01-3872 Civil Civil Action 2001 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff Address: Richard M. Squire Richard M. Squire & Associates, LLC 115 West Avenue, Suite 104 Jenkintown, PA 19046 (b) for defendant: Address: Roger M. Morgenthal Fishman & Morgenthal 95 Alexander Spring Road Carlisle, PA 17013 3. I will notify all parties in writing within two days 1 4. Argument Court Date: +cen+.at.tfititi%w ?` ?xs_a ? r:..ES+a :r!..; e. G"7 S77Cf1 -'[j '-_ y G ? Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Fax: (215) 886-8791 TMS Mortgage Inc., d/b/a The Money Store, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO: 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. PRAECIPE TO WITHDRAW JUDGMENT Kindly withdraw the judgment in the above captioned case, filed on August 15, 2001. Respectfully submitted, RICHARD M. SOUIRI By: M.4 i for I? r? C I cis ` , T-c Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC 115 West Ave., Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 Fax Attorneys For Plaintiff Mortgage Inc., D/B/A The Money Store, PLAINTIFF V. Crystal L. Zellner 517 North Pitt Street Carlisle, PA 17013, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF HEARING To the Defendant: Please be advised that a hearing on the above-listed Plaintiff's Motion For Summary Judgement is scheduled for May 22, 2002. Please refer to the Cumberland County Local Rules which set forth your rights and responsibilities herein. For further information, please contact the Cumberland County Court Administrator's Office at 717-240-6200. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Sincerely, PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. TMS Mortgage Inc., DB/A The Money Store, PLAINTIFF V. Crystal L. Zellner 517 North Pitt Street Carlisle, PA 17013, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's deuiurerr to complaint, etc): : 0 Plaintiff's Motion For Summary Judgement -0, %% Gam'. --• +?:': 2. Identify counsel who will argue case: ' = = ` Plaintiffs Counsel Defendant s Counsel ? Richard M. Squire, Esquire Crystal L. Zelhier, pro se 115 West Ave., Suite 104 517 N. Pitt Street Jenkintown, PA 19046 Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: .S Dated: Attorney For Plaintiff Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC 115 West Ave., Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 Fax Attorneys For Plaintiff TMS Mortgage Inc., 1'he Money Store, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 V. Crystal L. Zellner 517 North Pitt Street Carlisle, PA 17013, DEFENDANT CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Richard M. Squire, as counsel for the above-listed Plaintiff, do hereby certify that I served a true and correct Notice Of Hearing on the following parties in interest by first class mail, postage prepaid. Crystal L. Zellner 517 North Pitt Street Carlisle, PA 17013 Dated: -?` /3 0 2 C') C c:) rv `l ` LT MI cn ? 3 Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Fax: (215) 886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO: 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. ORDER AND NOW, to wit, this day of , 2001, upon consideration of Plaintiff's Motion for Summary Judgment and supporting documents thereto, and upon consideration of the Reply, if any, filed by the Defendant hereto, the Court hereby determines that Defendant, Crystal L. Zellner, failed to make a legal defense to Plaintiffs claim and that Plaintiff is entitled to Summary Judgment as a matter of law and that the Court, therefore, ORDERS AND DECREES that Judgment, in rem, shall be entered in favor of the Plaintiff and against Defendant, Crystal L. Zellner, in the amount of $37,386.63, together with ongoing per diem interest, late charges, escrow advances, and any additional recoverable costs to date of Sheriff s Sale, and for judgment in foreclosure and sale of the mortgaged property located at 517 North Pitt Street, Carlisle, PA 17013. It is further ORDERED AND DECREED that Defendant's New Matter is hereby denied and dismissed, with Prejudice. BY THE COURT: J. Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Fax: (215) 886-8791 TMS Mortgage Inc., d/b/a The Money Store, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO: 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. MOTION FOR SUMMARY JUDGMENT Plaintiff, TMS Mortgage Inc., d/b/a The Money Store, through its Attorney, Richard M. Squire, Esquire, respectfully requests your Honorable Court to enter an Order granting Summary Judgment in the above-captioned matter for the following reasons: There are no genuine issues as to any material fact, and therefore, the Plaintiff (moving parry) is entitled to Judgment as a matter of law. 2. Defendant, Roxane Crystal L. Zellner, filed an Answer to the Complaint in which she effectively admitted all of the allegations in the Complaint. At the time of this pleading, Defendant, Crystal L. Zellner, owned the premises being foreclosed upon without making a mortgage payment since February 1, 2001. 4. Defendant, Crystal L. Zellner, admitted outright, and/or in part, paragraphs 1, 2, 3, 4 and 8 of the Complaint, thereby admitting, inter-alia, that she is the mortgagor of the property, and that she is in default of the Mortgage. Although Defendant denied specifically or by necessary implication the averments contained in paragraphs 5, 6, 7, 9, 10 and 11 of the Complaint, in reality, said denials are improper and should be deemed as admissions for the reasons set forth in the attached Memorandum of Law. 6. Plaintiff has complied with the Pennsylvania pre-foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et seq.) and Act 91 (35 P.S. Section 1680.401c, et seq.). 7. Plaintiff has an express contractual right pursuant to the terms of the Mortgage to charge the attorney's fees as a consequence of the initiation of the within action in Mortgage Foreclosure. In addition to the amounts due and owing as set forth in the Complaint, additional sums have accumulated since the filing of the Complaint, pursuant to the terms of the Mortgage. The total sums due and owing, which sums can be calculated from the face of the Complaint, are as follows: Principal of Mortgage debt due and unpaid $32,073.19 Interest due and owing from 03/01/2001 to 06/22/2001 at 11.55°/x, $17.08 per diem 3,228.12 Plus Late Charges of $19.44 per month, assessed on the I I' day after payment is due 136.08 Corporate Advance 345.59 Attorney's Fees 1,603.65 TOTAL 37 386.63 WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant its Motion for Summary Judgment, and that Judgment be entered, in rem, as prayed for in the Complaint in favor of the Plaintiff and against Defendant, Crystal L. Zellner, in the amount of $37,386.63, plus ongoing per diem interest, late charges, escrow advances, any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property. Respectfully submitted, RICHARD U-SWRI Esquire for Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Fax: (215) 886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO: 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. PLAINTIFF'S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1. STATEMENT OF FACTS Plaintiff filed the instant action in Mortgage Foreclosure against the Defendant for her failure to make mortgage payments pursuant to a Mortgage entered into between the parties. A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A". The Complaint in Mortgage Foreclosure was originally filed on June 25, 2001. A copy of the Complaint is attached hereto and marked as Exhibit "B". Defendant, Crystal L. Zellner, filed an Answer and New Matter to the Complaint on or about August 16, 2001. A copy of Defendant's Answer and New Matter is attached hereto and marked as Exhibit "C". II. STATEMENT OF THE QUESTION INVOLVED Where there are no genuine issues as to any material fact, should Summary Judgment in Mortgage Foreclosure, as a matter of law, be granted in Plaintiffs favor where the Defendant herein is in default of Mortgage for failure to make payments? III. ARGUMENT Pursuant to Pa.R.C.P. 1035.1, et seq., "Motion for Summary Judgment", any party may move for Summary Judgment in whole or in part as a matter of law after the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, whenever there is no genuine issue of any material fact as to a necessary element of the cause of action .... Pa.R.C.P. 1035.2. The relevant pleadings herein are closed and, therefore, Plaintiff moves for Summary Judgment. Pa.R.C.P. 1035.3 provides further with regard to Summary Judgment: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion... (d) Summary judgment may be entered against a party who does not respond: In the "Note" to Pa.R.C.P. "Rule 1035.2 Motion", it is stated that Partial summary judgment, interlocutory in character, may be rendered on one or more issues of liability, defense or damages. Defendant, Crystal L. Zellner, admitted the material facts set forth in Plaintiffs Complaint, which include, inter-alia, the existence of the loan evidenced by the Mortgage executed by the Defendant; that after demand, Defendant failed to comply with the terms of the Mortgage, including payment thereof, and that Defendant is in default of the Mortgage. Defendant has not made a payment on the Mortgage as of March 1, 2001, a period of over seven (7) months from the time of filing of this Motion, living in the mortgaged premises for free. As a result of nonperformance on the Mortgage, the present action was filed, and Defendant, as of this date, has failed to bring the account current. RULE 1029. DENIALS. EFFECT OF FAILURE TO DENY. (a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in the responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. (b) Averments in a pleading to which a responsive pleading are required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by sub-division (c)... of this rule, shall have the effect of an admission. (c) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. Note: Reliance on sub-division (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. See Cerc ne v. Cercone, 254 Pa.Super 381, 386 A.2d 1 (1978). Pursuant to Pa.R.C.P. 1029(b), by failing to deny specifically or by necessary implication paragraphs 5, 6, 7, 9, 10 and 11 of the Complaint, Defendant, Crystal L. Zellner admitted these averments. First Wisconsin Trust Co. v. Strausser, 439 Pa.S. 192, 653 A.2d 688 (1995); New York Guardian Mortgage Com. v. Dietzel, 362 Pa.S. 426, 524 A.2d 951 (1987). Therefore, either expressly or by implication, Defendant admitted that the Mortgage is in default because payments are due and owing as of March 1, 2001 and that the amounts are owed, including per diem interest and monthly late charges, as set forth in the Complaint. Furthermore, to deny, in whole or in part, the averments contained in Plaintiff's Complaint as merely statements regarding "without sufficient information", it is well settled that an Answer is unacceptable, and an admission, where it is clear that adequate knowledge or that the means of obtaining information are within the Defendant's control. Elia y. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951); First Wisconsin Trust Co. v. Strausser, 439 Pa.S. 192, 653 A.2d 688 (1995); Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978); Goodrich-Amram 2d Section 1029(c)(1) P. 280. The sums due Plaintiff are calculable under the terms of the Mortgage, the contents of which are clearly within Defendant's knowledge and control, and Defendant did not request a payoff nor tender a reinstatement of the sums due to date. See, Plaintiffs Affidavit attached hereto. Since the knowledge of, and the means necessary for obtaining the denied information, including the total sums due are easily available to Defendant, the denials are, in fact, admissions. Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951); First Wisconsin Trust Co. v. Strau ser, 439 Pa.S. 192, 653 A.2d 688 (1995); Cercone v. Cercone 254 Pa.Super. 381, 386 A.2d 1 (1978). Defendant's denial of paragraph 9 of the Complaint, which includes reasonable attorney's fees does not constitute a defense to the fees. Plaintiff has an express contractual right pursuant to the terms of the Mortgage to charge the attorney's fees as a consequence of the initiation of the within action in Mortgage Foreclosure. The Pennsylvania Courts have long and repeatedly concluded that as much as 5% of the principal balance is reasonable in the calculation of attorney's fees, and that such amount is enforceable. Robinson v. Loomis, 51 Pa. 73 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D. & C. 2d 751, 755 (1974). Under the circumstances, the attorney's fees recited herein are reasonable. Plaintiff has complied with the Pennsylvania pre-foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et seq.) and Act 91 (35 P.S. Section 1680.401c, et seq.), see exhibit "D" (Act 91 Notice) attached hereto and made a part hereof. IV. CONCLUSION The allegations of the Complaint are, in fact, uncontroverted. As set forth above, Defendant's Answer has been interposed for the purpose of delay only, and it does not substantiate any claim or defense to the propriety of the Mortgage foreclosure action per se. There are no genuine issues as to any material fact to be determined at trial, and therefore, for the reasons set forth hereinabove, the Plaintiff, TMS Mortgage Inc., d/b/a The Money Store, is entitled to summary judgment as a matter of law, by entering judgment, in rem, in favor of the Plaintiff and against Defendant, Crystal L. Zellner, in the amount of $37,386.63, together with ongoing per diem interest, late charges, escrow advances, and any additional recoverable costs to date of Sheriffs Sale, and for judgment in foreclosure and sale of the mortgaged property located at 517 North Pitt Street, Carlisle, PA 17013. Respectfully submitted, RICHARD WSOU I ??cl for y?,?at i - r •+ 7 ?.. L- :LDa REC :,7 '99 V; 6 F•(9 2 24 Parcel Nombec Aft= taeo dit rmm to The Honey Store/Packaging P.0 BOX 160128 Sacramento, CA 95816-0128 MORTGAGE 0087372348 'rests MORMAGI_ ( lnmmu ma ) :smade tits Twenty-third Day of November 1999 betwoatdw- mrtgagor Crystal L Zenner S' *.rem xoao&er ) and tre mftxitgagee TA(S Mortgage Inc dba The Harley Store rhuh is orgmuzeJl assd raostmg umhs dm laws qC Nemr Jersey Andvehmaddrasrs 1625 North Market Blvd Ste 210 Sacramento CA 95934 ft= rte) RIEFREAS Buwjwer is m&btal w r ead<xaa lla pamopA suiuar Thirty-Three lhousar d 7mu Hundred and 00110D wuass (U s S 33 200 00 ) together W6 MtW% which m 6madaegs It ew&ncee by awmwer s mote dated November 23 Lam} (tbe Note ) prrnndmg for maably mstaflmmts of pnw4pd and rater, wtdt the b"= of the r>debredness if not sooner paid due and payable o0 Decker 1 2014 TO CURE to leader the repaytnca: of ft tndclaedness tytdeaced by the A& wIM "Mcst rhmm tatcomous` and reapwa t of the Ptpe the pa}mws nr art other ?.? weh aaerea Senn adpa+?d m eumd%ft o w& tbns Sw ovo lnsitumatt to protest the sewn ty of this Security btstrutaeat Rd the performance of the eat UM std a8tttMMU of Eottowt'r coedsmod as dus Mort" Borrower does busby mortgage tlr= tmd eonrey to Under ete fallowutg Cescr W rylocat mC+fmberlarld Goal • pennaytanm EXHIBIT A ATmAC((ED) been; theseowproperty commo*bwvnes 517 North Pitt Street Carlisle PA 17013 ( Property Addaws ) FMWYLVANIA MORTGAGE sips OM912282 - treCVrd NIN?-IPA Page c OB 's 72: 'Ba+Yf 0 e TUGMER with all die irvrovemmis; now or hereafte_ erected on the Imopedy and all easestews tights ap)xasn mM and :ems a1[ of Wbich shall be deotneed to be and romm a part of the propetty covered by (is Security InsUu=d All of the ft=pnig togtaher With such properly (of the Ie"eimkl Watt if this Security lushun>:tot a ou a leaseli dd) aR called the PM=rry ]Ion Cavenanta that Borrowser is law.WY retried of the ease h=bs conveyed and has the rk* ro mortgage &TA and comry the Propaq and that the Pmperty is unmumbered except for awma bramew of rbpmd Borrbww wmnarta and emownts than Bmmwer wif defend generally the tefe to the Ply aaamst 2 down Auld darmands subject to memtbrmcm of record Bmwwtr farther w'arraats ranwms and a Dvemm as folbws I figment of Pnnowl ad Interest Rwwwm shall promptly deny when we the prtnc pal mad mtereat indebtedness and all otdm-- charges ewdeeeed by the Nale - 2 Fonds for Taxes and hisaraaee. If required by Winer and autpa ro aaphC,hle lair Bwmww dual pay to Leader an the day sttoathfy payments arc doe tench the :Vote hind fie Note to pond m AM a Minn (, Ttmds ) $hr (a) yearly tam argil assawneats ¦fhich me) attmn prmea(y over am Sectatr tasty mnr as a lien on the fwpaty, 0) yeedy kwamm payincia or gourd mu un the Pieper y tf nap (t') yearly htvtad or tuepefly iommice prenniwrs (d) veiny ff*W wmance pmgrtmnw if any and (e) yearly mcatVV insursm a pnammm it may Thee menu we Called. 9=-Dw !rears Lender rmy at ans. um collect and hold Rinds m an area m ate to exewO the mm= = amom a lawn fur!; e, fed%-.m plated mortgage kraut raay mgmre for Bomwer a escmow amours urdq the fodcral Read Estate Sculcoct t Prom u m Act of 1979 as amender fiat[ lime Io lure 17 1. $ C Seam" 2601 of xg ( REVA )` unless anreher Lae that applim. In the Funds acts a lesser amcard If to leader nm at any Uwe collect and hold Pacts A an smmnat out to emceed then lesser amau t I may wartime t1:a a wumt of Funds dire an the haste of Current data and reasonable eflimm ea of expendttttrea of fatere 99mew• ]tors or Obamrse in accordaneemrth upphLablc law d The Funds shAif be Leld in. an m m mn wbetc deposal m msmed by a Mod rge:ey rastrwnvwztuy or tmaly (tacludrag lift if Leader is nth ma inum ay oc m any Fedaai Home Loam Brink Leader &A aptay the Funds to Pay tic F.emw Itetna Lmdet may not dew Boaowa for balding cud gplymg the Funds ahtmiatly amlpme the mum aceemtt or %-enbiag the HsQ%Yw Irerre unless lmdrr paws BomwCr ttazrtM to t!m L4mds 04 appIPWA law pemuts Lcmdp to nuke such a urge Hawcvrt 1 vwW they regtiee ]!calmer to nay a rawnatc charge as tnda)leadeat real "rate cot repmrtmy aorh me used by Iaude m mmreetina tvn]t thss loan moms opplica3le law paexdes wiemw Unless m agreemem is made artgipltcahde law ttxtcnes mtetmt m be pad Larder abaft net be required to pay Bo k-wrany InIamt of manings an the fonds BtnTOWer 7t4d Leader »m9 a?ec m wimpy lime cr *M mo W sill be pail'tm the Frnrds Leader atmdd tyvt: to Nuaowex wnhtout charge an amnral aranurtmg of 6m Ponds alanwhng acdus z ad elabrisin the Fords and tk pmpuse for wqicb each debit to the Funds was made The Funds am pledged as Mang seatmty hr all rotas sscmed by tits Security- 7f the Fords held by Lender mcced tie unoniita penmited to be held by applicable haw, lefef shall aocouut toi. Borrawer for the excess Funds m awardaocc wj& iltc wgmncnlmb of app]rcable Htv if 6..e, air of the 17aiwU held bhJ Leader ai asy um is :art su[fwwat tv pan the Pei*ow Itans what dui Lcw)er Bray so way BWOww at wnttag and +b swIL else Borfmwer stall pay to Lender the VMM seoessaty TO make rip the defiatanw ftTo7Yr > Elft UP [110 defleicney m nth store (tat twelve mamlity paym nee as Lander a sole d=00= T. Iipaa payment m full of all suns scented by"Secnrily Instrumegs leader aftau p[vtnptiy ref" ten 1101rowep airy Fonds held by L adw elf araler Pmagrtghh 19 Leader Q& w.mpme or wll the Phoprrty Lmder prat to the acqumdrou or salt of the property shall apply arty Funds ridd by L&det at the one of aegmuum or Brie as a credit agamst the atm16 smart by Ilia Seeunty Inswunu n: $ 3 Appkeidmn or nymmts, All payments of pmi:hpal sad rive" raceivatl by Leader Shdl be xW wd as penvided ah Ste Here if Borrower owes Leader say late charges or,"Odw fees or Chhati a ( ether charges ) they will be payable rgma demand of IeadM 1)alos prdnbtled by law Ilia rip hWhan of payments may be sfkaed by the lY an of CUM ChWW Thadme pgyn m of o(mr charges whether paid tot miler m eddaion to the monthly payment of atgtaretdy will be applied m a amnia at far aluclme discretion of Ae I.cllda Fortower specs that Leader may apply nay paymau reeved under pata,^mpha I and 2 Chutes fti t to aipaants payable mhdtr Pamgraph 1 or f=' to anmuols peyalde Under Paragraph 2 e PONSnVAat A aamteTGAGE area 0ng2na1 - IOW23d thloo22PA Pp 47 0087372348 ,i hloa1585 rasl 1M 12 BmTwm • h*W Bekmv4 Furbearaace By LendirM a Wavtr Avrepfaaee of Partial P'aymmt fixlrusron of Ile; taste for paymeat or laodr:lczwn of Junnanzauon of the same semred by tlus Security bi t Ronvo Yer or any suocesmr to ugeatst of llotmwer shah( na !? by Lender operate Oo release many rowers the ltabilcy of the ongtmt Borrower and Bouower s straebors; m interest Lester shag not be roquWA to somuseam process agitmu safe stay,-gam or may 7cam to raaead WE for payaaxI or udxrwWC net &fy to uatnabon of Om spins sa O,by >1ffi Shammy boaruineui by reason of m denmtd rude by Ste w4nid Borrower and Bor.wer s sure in inwas Any forbear aw by leader on one err viore oceasrma m wMviapg My nsht or retuedy ?tetetutder or offietwise afforded by' applrcahhe law shall not be a +twvt of or preclude rhe'atwr ecertaa of three or arT othei no or remedy Leader may aw* partial paybrmts him Boaawix witlium wsurmg tr forbramhg any of its rights under dui' Seamty InstnlmeiK. or tide' the Note even if stxh pests are as a pEytneat in fall or wpb a norauon of Vnido ?artg Y 13 StiMOM and AA W BuwW..Lotra and *we, Luft1tyr Suers Ito oovenaaes amt ivreearems homtk coatataed shall bind and dte srjOits lift andar disk MW to the respccuve snooesun ad Mips of LQ%W and Bom war odbj= to the provisions of?arsgmph 17 hereof All cov"bions and agreemests of 80crower shall be lomt and se mat VT Bauoaw who sqw bras Secatsy ltunurrxm but does nor axeca*te Cb* Noto (a) to stgmag flsq Sewiuy lnshvsmat o* to niadgW VW hid convey 110 Awwwar s interest in the! Pmpeily to Leader a[der;he ltnm of do Sat,•unty Iaiti iumut (b) 1e not petsataNy hable on Adis Now or wader thts Seeumy *tiumeat and (C) agrees am Leader ad any mlur Borrmver may rgroew extend aaadcty forbear or mwlm rosy arxnraowdatiooswdh regard to the ter® Oftk S Seaady hsstromeut or the Now %%bout that &wmw•er s Comm 14 Nottee ftept for any norwe Mpred Under Applicable taw so Do gtvetr to a oew wu= (at any woes to Burrower p midod for in this Sovurtty Instwatear shall be gwm by dellvera>g A or by mahrg such nottoe by fast cuss nail aibessed to the Prripaty Addrem or w such other address as Borrower may dewgoaa by nouceilo Ixnda m provided bcmn and (b) any notice tp Lender shelf be gtvm by first class"mul to Lenders address staled be= or to such othen ZkL-eu as Lander may destgoale by dative (0 Bortnww as Provided, imn Any mace pmvmW tbt tit tots' 5eaatty' hwuniift abetI ba deemed to have both Wen, to Bormwcr of L.esdu when l&m m Ike maria" design ood bere a is Govesong Law, Svmrabddy The sore usd IwA lawn applimKo to Ow Security In-wm se droll be the Sews of :be'. part dwam in Which die property is iacated The fboW" wateaoe stmt not hart the sppucsblWy of federal law to 6us?, Somily halm' ivit. In the event ft nay prov=en or elabse of thm $amity fnwUment or the Ncee hwa8trxs web opph aN low such cwrrW shall rot Am stber provemm of this Securty fmmmew tw ilia Mote whit can be grree effect w,drwt;; tGr swrrBtcs,ug pwvtv,m, surd to Otte rod, ? proi'urats o.? the 3ec:u1l9 [asorumnK and the Note are doclarsd w be sererahie As used harem oasm expelm sad snome%-% fees WUIW a sA smra to dte cadent not ptolidi od by a Wwobte taw or broad fnaratr 16. Borrower's Copy Borrower clot! Tic fumshed it aipy of the late and of Ova Sauoty lin" aeni A die ITC of execatwa or afmr recordation kmof 17. Trainfer of the Property or a aeii4ic al hAerest m Bomwer. if alt or day pat of tla; Property or any interest it it is gold tr transferred (or if a headioal haterest in Boaosiv- is sold or rmnsfe7ed and Borrower n cwt a natural peon) wtrhatt Uwkr s prior wnw amsaA may at erg option wive hits paymLm in foa & a man aawaxl by this Semity IbIn meat Howwm this option d A AW bd exercised by Lertdor if eremw is ptohtlated by fedeut law a of tla dux of this Security ioamaa11t _ If Lmder exercises thu apUoa Lender shag give'Bormwer notice of acoderanon Ins rwaee sball provide it period of twt less two So days iota the deco der mace is do6viod or mmW wuGm which Borrower xuo. pay all starer scarred by thin Seamy h 9vinient If Borrower Eels to pay base skits prior to the exptrwoa of the period Umhz may invoke any nineties per noted by in Soctirity hianva eat vithow fu titer nonce or demand on Ilwowa is Accelerabow Bemoilm Except as PWV W t in 17 lmf up= Borrower E breach of my covmam or 7 agremreai of Borrower In rho Secanty Iasa )MneAt ss Mfr dx eoveauts as pay w$M dm; any wan secured by slug Sae ur y v hdri meat Sander pror to sareletatmn ftU gve notes to Borrariser s` pmvtded to E h 14 hereof spoaCyn g (t 1 t>m PENNSYLYANA MORIGACE aura Qr1g;A,71 - &ecpYd; 11002.5PA raw 3 e 7 - 0087372M ON i,5 N%ia34 braaactt (2) tk anion required to sure such bunch (3) a d ft not !eu tltmb 10 &Ys from fhe date the aottce is roatkd to Bturrrwrs by wkwk shads broads mum be cured mid (4Y ohm Wwv to care such breach no or beftac the date ipes first m the romee Wray resah m acoderahon of :be saws secured by tons Semrtty law watt or forecloetwe by lud=al pr S 17ne rottee ahtJI butber tntfor:n itortowea of the ogbt to reMsM this Soda fostmmea[ after accelcrnmil nerd the agog to bang a omit aatna Of as WMAt m the yudtra8l p ttf, the oatextsm= of a default OF arty other defaxe of Borrower, to acealcMOa and foreclosure if du breWWR am cored oa or before the data speofied = :he tienoe Limdar at T m s qrm may dedate all of rho scans sowed by dw Security lasirnmew so be tminedt eely dire and payable wnhawt fmthar dt td and may ftrroclose this Socartty Insinunen( by ]udwA paaow&V sad arty otter mmodtes ptammed by arfivaltlc law f salsa shall be sabred to collect capenses of fmtdastcm Madmg, bbd not hutted to rrasta ilie attorneys fees mm coats and eases of doCmosawy e4idepoe abmam and calk reports even if the bttmcfr a ounA Para to the eumpld= OFan any fa gcfeg ere Bormwcr mip es Ohm the rotcsest Me parable: )oagmcnt is enured oti the Mote o" m an wUm of » e Urcdrisure shall be the rate payable from tmre to tans wander the dote 19 Pww"wa s ltsght to Reusaais NomA ucaadmg Let:der s aaederamn of the sums aecmed by this Seemny InSlrarIIM ape :o Borrma s bt'cadb BorrLwArr shall haw the ngbi to bave any prow bcg m by Under to cafmsc this SOOtrtty imuro-uAdieconrrnaed np to one ]wear prw to sale of the Pnfcrty rf (a) Bonvm pays Iauft all scans whseit xnmtd be Area due uodzr thts SecurAy htstnaaew and the Note had no wodwdwa covered (b) Borrower cures all bv=bm of atn_r other wman4 or agreements of Bmunrw coesataed m this Swa ray lanumi m (c) Borrower pays s2l ressoadrle anwnW lbee tntsbm fax ad cotut costs dad (d) ligwower tapes such afta as Lauder canny reasomthly resume to assure that the hm of this Sscunsy lnsmuee t Leader s miered m the Property ad Borrower s obitgat on to pay the on mmod by ibua Semnty Itwumnem shall euutmue tucepured Ibsen aahpaymeta and wrcby Bowtowtr line So mity hbstrurond" fits obbgatnnos sties W hemby shall ru nam m fall ft O and eMa as if no Aced aaou had OcCemed Urns right w -=Me fta not ** however in ft tine of ae purmattt to Paragraph 17 z 2D. Anapmea of Rwrttg Appwuntmant of Raxlw. As a0iooosi s usay heretmder Sortmrer berduy asuies w fret dre mars of the PropW provided that BDaower QW pnot to accelersnca u&P Parai{ nh IS bored or tdaandottttterce oftbc Nmpctty havcthe not w wtlcd slid teiam midi rants is they become due and M%Ne Upon arsdtrauon under Paragraph 18 hereof or ahiualoruncat of the Propeety Lacks m pinyon by agent or by )udtctakly apponnted reepveP tha11 be impdml to erder +pem alts peexsbtan of aunt manage the Ptulaaty and to tailed she runts cPthe Pit}petiry miltrdsag ohms past den All rew dolleemd by Labderer the rower shah be appbtsd Smt to Paytffiut of the coals of menageamd oche Ptopaa'tY and ealle aon of rags mckedmg btu not hutted to receivers Fees pnemtams Da aoeirtr s hw& aid ftwonabl* atmacys foes and mein tD s mis settrttd by this Seconty lastnunenC leader aml list remvw shall be doable to pct only for aliM mils apteally ant] U. ilaaardoaa Strhsha ors. Borrower sell 7w tie or peraw the preenice use duposd awrase or release of nay' 11rrd,dmea S bdarces on or to the PrTerty Bormwa` shall ax do nor allow soyime else to do anydtir;g of had; dho Ptupecty that is in srelstign of soy Eavnonwevid Lear Me precedttrg two sescum shat not apply w &-- ptxsem raw or sectage ea Ate pmpam of w4 qua vultes of f wadoutubs tnces that am generally reoogmral to be mppmpnam for nomad festde>tttal uses and fir mamew nce of the Property .a Bw weee shall promptly goer ).t:rdct wrom "we of any urm"gauun shunt d la vvw or alter acamt by any, guvta o xwi or tegciskn7 ego" err gnvme jiaety wowalemg the Prnpely slid any liaraqkbra Sabicamc or P.nvaoamewtal Law of which Bo mwot bas acoul knofvledge if Bonum trams or is uavW by any saver w=tal or Topw Y :auk "Y that my tmwval at ather L7:uw& Da of my Ilaaudows Substance 2ffeei>nt; She Ptopem is nemesu DMOV et shelf promptly tako all wecwty rcrmodW as a m soutrdmrco w& Envitmmnental Law As used to Ihia parageadb 21 Aaziatinwa 9hbbsiattces ax ohms su b dmtees ddined as twtbc to Lamdom sat mmzs by Enema( Lea and the foflowtttg svbstauCrs gaiww kerosene tndwet >3ammable or Wine peas tenor products tads pesttcmes affi IeNbicrtke voistde advents matmals Dodiammy) ?beslos fmnmldeh9da and rtdwactive rnswials As used m thu Paragraph 2I l nvrmq=enta[ law' means Uerbl laws sad [awn of the fmiubcIroa where ilat Property is [xiiecd ohm ttdate to health safety or emnrcumenu]. protcawn S a 58taaj565twiO35 PH &MnVANA raORMitg erne orsg*na_r - Aeco& MOM-OPA PrEe6o r OOM72W 2 ?+ i 22 8deese Upoa Fayrual of nB sours Mwed by Bus Secanly InsMutntm I.eoder shat! mlease the Securely lwuvn rat Bouower shOU pay any release fees and team of reco¢da?m&aatess epptcabte l w paavrdns ogkvw se 23. FWTbmx 14Snae7 hforlM If aey of the delis kftamA by ahts 9rivrxy b ammm is l-m to Bmmwu tu wmm We to dw property fns $=ray LvAnm = shad he a PWEhaO MOM.V mortpape f BY SIGNING BELOW BMW" te mid RVM ro ffio teats and covmnanm eonmaneC an daa SeMW lastra VA gad to my rider(s) esaarted by Havower and rmorded wah s cxvstal ? zetln? .am?R Leh ,n t Oeal) .Bannwer (Seat) 8onoa Cahf'cate of Reaftea dwwAu"awedLem=' is 1525 Worth Market Blvd do hereby Wmfy thm the eoorem alddress of Ste 210 SwxaK to CA 95834 Wrmess my hand thm day of APIA nfr.radu (XVAM01V?YttAL1%0l' PWVlb"MVANL4 / Gu^^? ? }•? on Wts ft tl ?rat IJO 19 e_1W 46 P,< ?99 ' hdoxe me ffie aodast>;otd otnoer personafly9Fpesred ?'?PYs/ /- ?el.! ?? known to me (or sa mfacawdy prover) to be the pas*a) whose name(s) mb=*W to mr W'lk l InAM rm. tmd =lnnwIWpd that for the pnrpgm hewn toatm mil 0?3 'ur?or I ha sa nw bmtd a oq?,- r4l ?w Y 80a?1?lOLwfaA1P ?i1d Y}- Jflf Jl ??f I/J?ll L?I"ry-yi ,$ NytbasiMssLaEipiresfiW 7. Atla2 Qf 6Lw ./?'? N?m(?f$Itlr?yyla7AmOCbfoeot NPhrks PENNSYLVANA MOM-GACE PAs arlg:, -Record, IA00217PA ??,>>•rJ/?Iy/y 0087372348 -w. w'f Yr ? 1 MME ? i.SA Richard M. Squire, Esquire LD. No, 04267 Richard M. Squire & Associates, LLC. 7919 Washington Lane Wyncote, PA 19095 -Telephone: 215-886-6354 Fax: 215-886-1355 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE TO DEFEND 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 alter this complaint and notice are served, byentering awritten appearancepersonallyorbyattomeyand filing in writingwiththe 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 maybe entered against youby the court without further notice for any money claimed in the complaint or for any other claim of 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 ALAWYER OR CANNOT AFFORD ONE, GO TO ORTELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 AVISO LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de ]a fecha de la demanda y lanotificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones_ a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus edades u otros derechos importantes para usted. LLEVEESTADEMANDAAUNABOGADOINMEDIATAMENTE. SINOTIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRI TA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. 7919 Wasbingtoo Lane Wyncote, PA 19095 Telephone: 215-886-6354 Fax: 215-88&1355 TMS Mortgage Inc., d/b/a The Money Store, V. Crystal L. Zellner 317 N. Pitt Street Carlisle, Pa 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO: CIVIL ACTION DEFENDANT. I MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, TMS Mortgage Inc., d/b/a The Money Store, through its attorney, Richard M.. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: Plaintiff, TMS Mortgage Inc., d/b/a The Money Store ("Plaintiff"), is a corporation with a principal place of business at c/o Rosicki, Rosicki & Associates, One Old Country Road, Suite 429, Carle Place, NY 11514. 2. The Name and mailing address of each Defendant is : Crystal Zellner 517 N. Pitt Street, Carlisle, Pa 17013. 3. On 11/2311999 Crystal Zellner made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff, which mortgage is recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No. 1585, Page 1030. 4. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of the above-described assignments. 5. Each Mortgagornamed in paragraph 3 above executed a note as evidence of the debt secured by the Mortgage (the "Note"), and is incorporated herein by reference as though fully set forth at length. 6. The real property which is subject to the Mortgage is generally known as 517 North Pitt Street, Carlisle, PA 17013, (the "Mortgaged Premises"). The legal description of the Mortgaged Premises is attached hereto and marked as Exhibit "A" and is incorporated herein by reference as though fully set forth at length. 7. The interest of each individual Defendant is as Mortgagor, Real Owner or both. 8. If any Defendant above-named is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his/her estate, however, the estate of said Defendant is hereby released from liability for the debt secured by the Mortgage. 9. The Mortgage is in default because the monthly payment of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of 04101/2001 and have not been paid. Upon failure to make such payments when due, the whole of the principal, together with the charges specifically itemized below, are immediately due and-payable. 2 The following amounts are due as of June 22, 2001: Principal of Mortgage debt due. and unpaid $32,073.19 Interest due and owing from 03/01/2001 to 06/22/2001 at 11.55%, $17.08 per diem 1,930.04 Plus Late Charges of $19.44 per month, assessed on the I 1 a day after payment is due 97.20 Corporate Advance 345.59 Attorney's Fees 1,603.65 TOTAL 3604 .67 10. Interest accrues at a per diem rate of $17.08 and late charges accrue at a monthly rate of $19.44, assessed on the 11`" day payment is past due for each date after the payment due date, and Plaintiff may incur additional attorney's fees and costs as well as other expenses, costs and charges collectable under the Note and Mortgage. 11. Notice of intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, 9§-eq. was mailed to each individual Defendant via regular and certified mail, return receipt requested, on 04/0612001. A true and correct copy of said notice is attached hereto and marked as Exhibit "B" and is incorporated herein by reference as though fully set forth at length. 3 WHEREFORE, Plaintiff demands judgment against Defendant Crystal Zellner, for foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph 09, namely $ plus the following amounts accruing after 6/22/01, to the date of judgment : (i) interest at a per diem rate of $17.08; (ii) late charges of $19.44 per month assessed on the 11' day payment is past due; and (iii) additional attorney's fees hereafter incurred and costs of suit. ,,, RICHARD M," A/A$SWAftS. LLC By: 7919 Washington Lane Wyncote, PA 19095 ' 215-886-6354 Attorneys for Plaintiff Date: June 22, 2001 UNLESS YOU NOTIFY US ITT WRITING WITHINTHIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMP'T' TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FORTHAT PURPOSE. 4 VERIFICATION I, Richard M. Squire, hereby certify that I am an attorney for Plaintiff and am authorized to make this verification on its behalf. I verify that the facts and statements set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: June 22.2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TMS MORTGAGE, INC., d/b/a The Money Store Plaintiff VS. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013 Defendant NO. 01-3872 CIVIL TERM CIVIL ACTION-LAW MORTGAGE FORECLOSURE c 0 -,z , G C J ?J y 7 n "i7 Z I Z ? Z NOTICE TO PLEAD TO: TMS Mortgage, Inc., d/b/a The Money Store and its Attorney, Richard M. Squire, Esquire: You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Roge M. Morgen , Esquire ID# 17143 Attorney for Defendant FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite.3 Carlisle, PA 17013 (717) 249-6333 \\MAINSERVER\PUBLIC\roger\litigation\Money Store v Zellner\Answer & New Matter.doc ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TMS MORTGAGE, INC., d/b/a The Money Store Plaintiff vs. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013 Defendant NO. 01-3872 CIVIL TERM CIVIL ACTION-LAW MORTGAGE FORECLOSURE ANSWER OF DEFENDANT CRYSTAL L. ZELLNER AND NOW comes Defendant Crystal L. Zellner and makes the following Answer to Plaintiffs Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. On the contrary, after reasonable investigation, Defendant is without sufficient information to answer the said averments, said information being in the exclusive control of Plaintiff, and proof if relevant is demanded at trial. \\MAINSERVER\PUBLIC\rogerllitigation\Money Store v ZellnerlAnswer & New Matter.doc 6. Denied. On the contrary, after reasonable investigation, Defendant is without sufficient information to answer the said averments, said information being in the exclusive control of Plaintiff, and proof if relevant is demanded at trial. Denied. On the contrary, after reasonable investigation, Defendant is without sufficient information to answer the said averments, said information being in the exclusive control of Plaintiff, and proof if relevant is demanded at trial. 8. This paragraph is not applicable as Defendant is not deceased. 9. Denied. On the contrary, after reasonable investigation, Defendant is without sufficient information to answer the said averments, said information being in the exclusive control of Plaintiff, and proof if relevant is demanded at trial. 10. Denied. On the contrary, after reasonable investigation, Defendant is without sufficient information to answer the said averments, said information being in the exclusive control of Plaintiff, and proof if relevant is demanded at trial. 11. Denied. On the contrary, after reasonable investigation, Defendant is without sufficient information to answer the said averments, said information being in the exclusive control of Plaintiff, and proof if relevant is demanded at trial. \\MAINSERVER\PUBLIC\roger\litigation\Money Store v Zellner\Answer & New Matter.doc WHEREFORE, Defendant Crystal L. Zellner requests that your Honorable Court dismiss the Plaintiff's Complaint, with costs on the Plaintiff. NEW MATTER 12. Defendant believes and therefore avers that the mortgage in question was assigned by Plaintiff to HomEq, a corporation having an office at P.O. Box 160101, Sacramento, CA 95816. 13. In order to resolve any issues as to being in default on said mortgage, Defendant contacted one Steven Cypert, a representative of HomEq, asking what she needed to do to bring said mortgage current. 14. She was advised by Mr. Cypert to arrange for a payment through the Western Union Quik Collect Program, and if she did this, the mortgage would be current and no foreclosure would occur. 15. Defendant followed the instructions given her by Mr. Cypert, but because he had given her incorrect or incomplete information, the payment was refused by Western Union. 16. But for the incorrect information given to Defendant by Plaintiff's assignee, said mortgage would not be in default but rather would be paid current. #mEq- DF985 CRYSTAL L ZELLNER 517 NORTH PITT STREET CARLISLE, PA 17013 April 6, 2001 NBRC 0087372348 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HO FROM FORECLOSURE This is an official notice that the mortgage on Your home is in default and the lender intends to foreclose Specific information about the name of the defauh is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (IIEMAP) may be able to help to save your home. This notice explains how the program works. To see if IIEMAP can help you you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TIM DATE OF THIS NOTICE Take this Notice with You when you meet with the counseling agency This Notice contains important legal information. If you have any quesfions, representatives at the Consumer Credit Counseling Agency may be able to help explain It. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO FN SU CASA SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBEO MENCIONADO ARRIBA. PUEDES SER ELE0E3LE PARA UN PRESTAMO FOR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDRVIIR SU HIPOTECA HOMEOWNERS NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER: CRYSTAL L ZELLNER 517 N PITT STREET CARLISLE, PA 17013 0087372348 HomEq Servicing Corporation IMPORTANT INFORMATION ON THE BACK OF THIS PAGE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY.. CIRCUMSTANCES BEYOND YOUR CONTROL, YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WLTHIN CONSUMER CREDTT COUNSELING AGENCIES If ?ou attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone. numbers of designated consumer counseling agencies for the city in which your orooerty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). U you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and$tiiey will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST. be filed or postmarked within thirty (30) days of your face-to- face meeting. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that time, an foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) t IMPORTANT INFORMATION CONTINUED ON NEXT PAGE HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it un to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 517 N PITT STREET CARLISLE, PA 17013 CARLISLE PA 17013 IS SERIOUSLY IN DEFAULT because: A- YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3i b) Delinquent Amount Due: $(,184.67 c) Late Charges: $ 38.88 d) Recoverable Corporate Advances $20.00 e) Other Charges and Advances $,0.0 J) Less funds in Suspense: $0.00 e) Total amount required as of (due date) $1,243.55 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO TH[E LENDER, WHICH IS $ 1,243;55) PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check. certified check or monev order made navahie tee Regular Mail HomEq Servicing Corporation P.O. Box 96053 Charlotte, NC 28296-0053 Overnight FUNB Lockbox 96053 1525 West W.T. Harris Blvd. Charlotte, NC 28262-00 You can cure any other default by taking the following actionwithin TH RTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its rights to accelerate the mortgaagb debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE LETTER DATE, HomEq Servicing Corporation also intends to instruct their attorneys to start a legal action to foreclose moon Your mortgaged oroyerty. IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attbrney's fees actually incurred even if they are over 850.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you core the default within the THIRTY (39) DAY period, you will not be required to pay attorneys' fees. OTHER LENDER REMEDIESS The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. day begun, If you have not cured the default within the THIRTY ShenTPS Sale as specified- in wntmg by me lender and by pertomune any other requirements un der th mortgage Ca ieg yoar default is the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. IMPORTANT INFORMATION ON THE BACK OF THIS PAGE EARLIEST POSSIBLE SHERIFF'S SALE DATE R is estimated that the earliest date that such Sheriffs sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER BY TELEPHONE;OR MAIL: Name of Lender: HomEq Servicing Corporation Address: FUNB Lockbox 96053, 1525 West W.T. Harris Blvd Charlotte, NC 28262-0053 Telephone Number: 800 795-5125 Ext. 10302 Fax Number: 916-617-0655 EFFECT OF SHERIFF'S SALE You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD-PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TAOS IN A CALENDAR YEAR). • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED TO THIS LETTER Sincerely, HomEq Servicing Corporation; Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Fax: (215) 886-8791 TMS Mortgage Inc., d/b/a The Money Store, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO: 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 12. Plaintiff incorporates paragraphs 1 through 11 of its Complaint as if set forth fully herein and at length. 13. Admitted. Plaintiff is in the process of preparing a legal assignment to HomEq Services Corporation.. 14. Admitted in part, Denied in part. By way of further answer Defendant contacted Steven Cypert of HomEq regarding possible workout options available. 15. Admitted in part, Denied in part. By way of further answer, Defendant was advised that if she were to bring the mortgage completely current, the foreclosure would not continue. 16. Admitted in part, Denied in part. By way of further answer, Defendant was advised that should she have the funds to bring the mortgage current, payment through Western Union would be an acceptable method. However, Defendant indicated to the Plaintiff that a full reinstatement was not possible at that moment and a second job would be needed on Defendant's part in order to raise the required funds. 17. Denied. If payment was not possible or accepted through Western Union, any reasonable person would have attempted to correct such a problem or find an alternate method of providing certified funds in order to prevent the continuation of foreclosure proceedings against the property. WHEREFORE, Plaintiff respectfully requests that judgment be entered as prayed for in its Complaint. Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID404267 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Fax: (215) 886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO: 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. CERTIFICATE OF SERVICE I, Richard M. Squire, Esquire, hereby certify that I served true and correct copies of the Plaintiffs Motion for Summary Judgment, Brief in Support and Reply to Defendant's New Matter upon the following person named herein at their last known address or their attorney of record. _xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: % TO: Roger M. Morgenthal, Esquire Fishman & Morgenthal 99 Alexander Spring Road, Suite 3 Carlisle, PA 17013 Attorney for Defendant TMS MORTGAGE INC., d/b/a THE MONEY STORE, PLAINTIFF V. CRYSTAL L. ZELLNER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3872 CIVIL TERM BEFORE BAYLEY, J. AND GUIDO, J. ORDER OF COURT AND NOW, this Lb01-1 day of July, 2002, summary judgment in foreclosure is entered in favor of plaintiff, TMS Mortgage Inc., d/b/a The Money Store, against defendant, Crystal L. Zellner, in the amount of $37,386.63, together with ongoing per diem interest and charges recoverable to the date of Sheriff Sale of the mortgaged property at 517 North Pitt Street, Carlisle, Richard M. Squire, Esquire For Plaintiff Crystal L. Zellner, Pro se 517 N. Pitt Street Carlisle, PA 17013 Edgar B. Bay y, J. irwr,p?C 1,.sd-oL :saa ?I„.?; ry_Y il? t t? ti:i?li C :1:: YiLr`? d. ?_ Or Richard M. Squire, Esquire I.D. No. 04267 One Jenldntown Stalim, Suite 104 115 West Avenue Jenldntuwn, Pa 19046 Telephme: 215586-8790 Fax: 2155865791 TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Crystal L. Zellner DEFENDANTS. NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: Issue Writ of Execution in the above matter. Amount Due $37,386.63 Interest From 07/24/02 to 06/11/03 5? .499.76 @ $17.08 per diem $42,886.39 * plus fees and costs Dated Oomey for Plainti i (- `? "? O C C ? O C C? C 01) rri fA ? ry p_ J sI C .J Crl 111yyyb N '?' N H, ly C=. moo ?Ti nr y k° p CL w br Q ?O Dorn E.?'c ?CD 0o O t" by O o OTI z 0 02/28/2003 13:29 856-678-9465 MONAGHAN PAGE 04 Current Owner Search Page 3 of 3 DESCRIPTION ALL THOSE CERTAIN pieces or parcel of laud situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO. I: BEGINNING at a point on the Eastem side of North Pitt Street in line of land now or formerly of Arthur Keck and his wife; thence by the same in an Easterly direction, 94 feet, more or less, to a point; thence by the same in a Southerly direction 25' T', more or less, to a point in the same; thence in an Easterly direction 2' 10", more or less, to a point; thence still by the same in a Southerly direction 14' 5", more or les, to a point in line of lands now or formerly of John W. Toomey; thence by the same in an Easterly direction 24'211, more or less, to a point in line of lands now or formerly of Charles A. Losch; thence by some in a Northerly direction 66', more or less, to a point in the line of other lands now or formerly of Charles A. Losch; thence by the same in a Westerly direction 111.2 feet, more or less, to a point on the East side of North Pitt Street; thence by the same in a Southerly direction 27', more or less to the place of beginning. HAVING thereon erected a two and one-half story dwelling house known as 517 North Pitt Street SUBJECT to the right of the owner of the premises to the West of the Southern portion of the lot above conveyed, his heirs and assigns, to the use of the vacant lot as it now exists located adjacent to the property on the West for the purpose of ingress, egress, and regress to the said premises on the West, together with the Grantee herein, her heirs and assigns. Said vacant strip being 5', more or less, wide at the Northern side of the said lot on the West and extending irregularly to a width of 25', more or less, at the southern side. TRACT NO. 2: BEGINNING at a point on the Western side of a private alley approximately 10' wide, which point is also the Southeast corner of lands now or formerly of Clarence Cramer; thence by said other lands now or formerly of Clarence Cramer in a Northeasterly direction 65.6' to a point, the Northeast corner of Tract No. 1 above described; thence by land now or formerly of Charles F. Cramer in an Easterly direction 1 foot to a post; thence by same in a Southerly direction 50.5 feet to a tree; thence by same in a Southeasterly direction 10.7 feet to a post; thence by the same in a Southerly direction 8.7 feet to a post on the Eastern side of the private alley aforesaid; thence across said alley in a Westerly direction 11.6 feet to the place of beginning. TOGETHER with full and free ingress, egress and regress in the Grantee, her heirs and assigns, to and over the aforesaid private alley to the South of the parcel herein conveyed, to be held in common with the said Clarence F. Cramer, his heirs and assigns, forever. xxia WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3872 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TMS MORTGAGE INC., DB/A THE MONEY STORE, Plaintiff (s) From CRYSTAL L. ZELLNER, 517 N. PITT STREET, CARLISLE, PA 17013 (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 $37,386.63 L.L. $.50 Interest FROM 7/24/02 TO 6/11/03 - $5,499.76 @ $17.08 PER DIEM Arty's Comm % Due Prothy $1.00 Atty Paid $111.50 Other Costs Plaintiff Paid Date: MARCH 7, 2003 CURTIS R. LONG Prothonotary (Seal) .13y: 1?f/1 "_/ Z Deputy REQUESTING PARTY: Name RICHARD M. SQUIRE, ESQUIRE Address: ONE JENKINTOWN STATION, SU ITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8790 Supreme Court ID No. 04267 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 (215) 886-8790 Fax (215) 886-8791 TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, V. Crystal L. Zellner DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 TMS Mortgage Inc., d/b/a The Money Store, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 517 North Pitt Street, Carlisle, PA 17013 Name and last known address of Owner(s) or Reputed Owner(s): Crystal L. Zellner 517 North Pitt Street Carlisle, PA 17013 Name and last known address of Defendant(s) in the judgment: Crystal L. Zellner 517 North Pitt Street Carlisle, PA 17013 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record lien on the property: 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: Commonwealth of PA Department of Revenue Bureau of Compliance Dept. 280946 Domestic Relations Cumberland County Harrisburg, PA 17128-0946 13 North Hanover Street Carlisle, PA 17013 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: Tenant/Occupant 517 North Pitt Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Richard W?Sqiire', & Associates, LLC By: dRic and MEs ire 115 West Avenue, Suite 104 Jenkintown, PA 19046 Attorneys for Plaintiff Date: February 28, 2003 e:1ve±nil'v1all?i34Yk4'ct1'v:"S??N19$r_3j:'kS'#5H-iahbl5`ri#+ 4 0: I... Lei A - Jl= r ,- C31 -^- Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenlantewn Statim, Suite 104 115 West Avenue Jenlante", Pa 19046 Telephme: 215-886-8790 Fax: 215586-8791 TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Crystal L. Zellner DEFENDANTS. NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATION Richard M. Squire, 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: ( ) An FHA Mortgage ( ) Non-owner occupied ( ) Vacant (X ) 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. ?Vw ik, qbtA is and M. quire, Es ' e Attorney for Plaintiff ?'} `=% L G_ L.5 ?. _ "T? ? ??1? ?7 i 1 '.... U7.-: r. ...y . l :. ' : J - s;: _??? ? ?t_ w -. ? --? ? -< Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkntown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephate: 215-886-8790 Fax: 215886$791 Attorneys for Plaintiff TMS Mortgage hic., d/b/a The Money Store IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. Crystal L. Zellner DEFENDANTS. NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE Date: February 28, 2003 To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Crystal Zellner PROPERTY: 517 North Pitt Street Carlisle, Pa 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale on June 11, 2003 at 10:00 am in the Commissioners Meeting Room, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenldtumn Statim, Suite 104 115 West Avenue Jenldnto , Pa 19046 Telephm e: 2 t 5-886-8790 Fax: 215-886-8791 TMS Mortgage Inc., d/b/a The Money Store IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. Crystal L. Zellner NO 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 Your house (real estate) at 517 North Pitt Street, Carlisle, Pa 17013 is scheduled to be sold at Sheriffs Sale on June 11, 2003 at 10:00 am in the Commissioners Meeting Room, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $37,386.63 plus interest to the sale date obtained by TMS Mortgage Inc., d/b/a The Money Store against you. 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 canceled if you pay back to TMS Mortgage hie., d/b/a The Money Store, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attomeys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire at (215) 886-8790. 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 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 below 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 the Cumberland County Sheriff s Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6195. 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 a 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 no later than 30 days after the Sheriff s Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 -? ???IS„ _ a ` ??? ti ?? _. F l? t _i Gi_ .._. _.-_? 3' C a' ;; `J 7' A* AFFDAVIT OF SERVICE County No.01-3872 SERVED Plaintiff - TMS Mortgage Inc., d/b/a The Money Store Defendant - Crystal L. Zellner Serve at - 517 North Pitt Street, Carlisle, PA 17013 County - Cumberland Type of Action - Notice of Sale Complete Service by - ASAP Sale Date - June 11, 2003 Please Serve Defendant Served and made known to 16 r? y 5 r14 L Z C L C A r tZ defendant, on the day of _2003 at o'clock -in., at ice' p Ib1 Commonwealth of Pennsylvania, in the manner described below: +,- Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s) residence who refused to give name or relationship. Manger/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Sworn to and subscribed before me this day of , 200_ Attorney for Plantiff Richard M. Squire, Esquire - I.D. No. 04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 AIVAIMption: AS S C wftpp?-3 6 Othaffar a `2 V l k ( ty 0 1- (A rd a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sale in the manner us-set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before Me th s 073rd day of((pl ti 2003 NINerWS-" YamcNiWe Boro Clan ,WdC=* Oulu My Cammdselon Botes March 6, 2p7 Notary: Member,PenraynaruaAseodeeonOfNotaj e N4),&SERVED y n the day of 200_ at o'clock in., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other ZS, 61; TMS Mortgage Inc., d/b/a The Money Store VS Crystal L. Zellner In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3872 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 31, 2003 at 8:48 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Crystal L. Zellner, by making known unto Crystal Zellner, personally, at 517 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2003 at 3:13 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Crystal L. Zellner located at 517 North Pitt Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Crystal L. Zellner, by regular mail to her last known address of 517 North Pitt Street, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriffs Office. Sworn and subscribed to before me This day of 2003, A.D. Prothonotary So Ans rs: y?A n , genf?Ft BY Real Esta Deputy L S5?SY41 R'+4n.aeSikMEI [. .:a ?.? -. +_ a .le>f?--.>.a. v ?,. - ? ._.S.x;Ye. )vE?R'JGi• CD l C _ .C7 Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, V. Crystal L. Zellner DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE FINAL AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Richard M. Squire, Esquire, hereby verifies that: A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for Writ of Execution on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to the Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attachedhereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit «B„ All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsifications to authorities. RICHARD M. SQUIRE & SSOCIATES Richard M. Squire, Esquir Attorney for Plaintiff Dated: May 15, 2003 ,.tea ... ,.,.:..., .?._ .._. _ _ ? v ... . _... ? y . 3 W ae V V rn D ff I m W N O t0 0? V W N A W N 3 o o ? m Z l m F i y 3 o m z ? G a K p y. am a? ?!R Dec ry 1 p C O m (p CO Q. A m w?o m S.D ,o fii 'Z3 m ?? a y'a3 Z me om D N, 0 m¢ p'Qo. z d3 ??? v?O rn ?? 3 m ^ ?Oi'? W yy W ^ NAT ?6 m m O D OA m . D N m m E V Dm o. y a N N N ry < y+ ? M C m ? p. Z? T O???? M noog m? m zOcc A y y d n N m ? ? m m n .A T m = - "0 m f0 w = m o S0 m a m m _ ?? m zc? 5F5 & •m N 5F 5 O .p N ? N N N p3j and ? "_?? ?2 y c c N 7 c d?.73 ?3n m? y? _ R K °-? ° c o „. a ?N 9 . za N??a3 om 0 dNmdd N_ O am ?ooui v? A d O700N O ? 3d9 o=_ HAm?n mA o ox n?P vod a - m o m ow $ m ; ° A l _ ; , CA G a3 D n i \; 4t m ? OR ?"OO a^ m m1 o 4' = m (7 m y c vim@ -- vw -T-= =s o z oa d ryry m0 09O urd a A N p' S o""-, zc=R0g d N m E .' 3 ? ?+ ? p , 9? Vct OININ 3r 9 9 9 i m vw 00 -0 t 06 2 t85 8d 6t ° m O g P fmq N O N m z O m A Z O D im 9 m O T 3 n x m n x v T O T m a 0 O T 0 N 3 O D m 0 T m m y y AFFDAVIT OF SERVICE Plaintiff - TMS Mortgage Inc., d/b/a The Money Store Defendant - Crystal L. Zellner Serve at - 517 North Pitt Street, Carlisle, PA 17013 County - Cumberland County No.01-3872 Type of Action - Notice of Sale c Complete Service by - ASAP c: Sale Date - June 11, 2003 z ` -` Please Serve Defendant -_:- = SERVED ( - y D" c 77 Served and made known to 1Z V S rO 4, Z C I L A r IL defendant, on the da of r <' I G 200 at t; o'clock m., at ; d e: Yl 1 ell Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s) residence who refused to give name or relationship. ss Manger/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. .Na efiption: Age-S Flctglif WOWRanee J? Otham `.-J (2 V l h ( V6 _ dl f fie" a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sale in the manner us-set forth herein, issued in the captioned case on the date and at the address indicated above. Swom to and subscribed before Me this oQ3rd day of4 n 2003 Robin L T NotaryPW>%c (lulide Boro, Myron Mamh6,2W7 Notary: Mwftw,Pe A tlonOfNaiafes NC%SERVED n the day of , 200 at o'clock _m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other Sworn to and subscribed before me this day of 200_ Notary: Attorney for Plantiff Richard M. Squire, Esquire - I.D. No. 04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 ? \ ?? TMS Mortgage Inc., d/b/a The Money Store VS Crystal L. Zellner In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3872 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 31, 2003 at 8:48 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Crystal L. Zellner, by making known unto Crystal Zellner, personally, at 517 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2003 at 3:13 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Crystal L. Zellner located at 517 North Pitt Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Crystal L. Zellner, by regular mail to her last known address of 517 North Pitt Street, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriffs Office. Sworn and subscribed to before me This day of So Ans rs: R. omas Klin , leirt? 2003, A.D. Prothonotary BY Real Esta D uty U> tL y- 71, -,' ._ w -? C TMS Mortgage hie., d/b/a The Money Store VS Crystal L. Zellner In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3872 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Richard M. Squire. Sheriff s Costs: Docketing 30.00 Poundage 21.67 Posting Bills 30.00 Advertising 30.00 Mileage 6.90 Levy 30.00 Surcharge 30.00 Postpone Sale 20.00 Law Library .50 Prothonotary 1.00 Certified Mail Law Journal 437.45 Patriot News 337.90 Share of Bills 25.24 $1,105.16 paid by attorney 9/2/03 Sworn and subscribed to before me so e This 9day of R. Thomas Kline, Sheriff 2003, A.D, BY ?,kQLU? it( Prothonotary Real Estat Deputy (Ak 4)g4b pu?. /y;1oo y Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. Crystal L. Zellner DEFENDANTS. NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 TMS Mortgage Inc., d/b/a The Money Store, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 517 North Pitt Street, Carlisle, PA 17013 Name and last known address of Owner(s) or Reputed Owner(s): Crystal L. Zellner 517 North Pitt Street Carlisle, PA 17013 2. Name and last known address of Defendant(s) in the judgment: Crystal L. Zellner 517 North Pitt Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record lien on the property: 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: Commonwealth of PA Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Domestic Relations Cumberland County 13 North Hanover Street Carlisle, PA 17013 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 517 North Pitt Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Richard M. qi u•e & Associates, LLC By: ? W Ric and M. qu>re, 115 West Avenue, Suite 104 Jenkintown, PA 19046 Attorneys for Plaintiff Date: February 28, 2003 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkantown Statim, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephme: 215886.8790 Fax: 215586-8791 TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Crystal L. Zellner DEFENDANTS. Date: February 28, 2003 NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Crystal Zellner PROPERTY: 517 North Pitt Street Carlisle, Pa 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale on June 11, 2003 at 10:00 am in the Commissioners Meeting Room, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215886-8790 Fax: 215-886$791 TMS Mortgage hic., d/b/a The Money Store PLAINTIFF, V. Crystal L. Zellner DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 Your house (real estate) at 517 North Pitt Street, Carlisle, Pa 17013 is scheduled to be sold at Sheriffs Sale on June 11, 2003 at 10:00 am in theCommissioners Meeting Room, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $37,386.63 plus interest to the sale date obtained by TMS Mortgage Inc., d/b/a The Money Store against you. 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 canceled if you pay back to TMS Mortgage Inc., d/b/a The Money Store, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire at (215) 886-8790. 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 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 below 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 the Cumberland County Sheriffs Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6195. 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. You have a 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 no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 0'L/'Ltl/'LF7193 13:2`1 8bb-b(8-94bb MUNAGHAN PAGE 04 t Current Cromer Search Page 3 of 3 )DESCRIPTION ALL THOSE CERTAIN pieces or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a point on the Eastern side of North Pitt Street in line of land now or formerly of Arthur Keck and his wife; thence by the same in an Easterly direction, 84 feet, more or less, to a point; thence by the same in a Southerly direction 25' 7", more or less, to a point in the same; thence in an Easterly direction 2' 10", more or less, to a point; thence still by the same in a Southerly direction 14' 5", more or Its, to a point in line of lands now or formerly of John W. Toomey; thence by the same in an Easterly direction 24' 2", more or less, to a point in line of lands now or formerly of Charles A. Losch; thence by some in a.Northerly direction 66', more or less, to a point in the line of other lands now or formerly of Charles A. Losch; thence by the same in a Westerly direction 111.2 feet, more or less, to a point on the East side of North Pitt Street; thence by the same in a Southerly direction 27', more or less to the place of beginning. HAVING thereon erected a two and one-half story dwelling house known as 517 North Pitt Street SUBJECT to the right of the owner of the premises to the West of the Southern portion of the lot above conveyed, his heirs and assigns, to the use of the vacant lot as it now exists located adjacent to the property on the West for the purpose of ingress, egress, and regress to the said premises on the West, together with the Grantee herein, her heirs and assigns. Said vacant strip being 5', more or less, wide at the Northern side of the said lot on the West and extending irregularly to a width of 25', more or less, at the Southern side. TRACT NO. 2: BEGINNING at a point on the Western side of a private alley approximately 10' wide, which point is also the Southeast comer of lands now or formerly of Clarence Cramer; thence by said other lands now or formerly of Clarence Cramer in a Northeasterly direction 65.6' to a point, the Northeast comer of Tract No. 1 above described; thence by land now or formerly of Charles F_ Cramer in on Easterly direction 1 foot to a post; thence by same in a Southerly direction 50.5 feet to a tree; thence by same in a Southeasterly direction 10.7 feet to a post; thence by the same in a Southerly direction 8.7 feet to a post on the Eastern side of the private alley aforesaid; thence across said alley in a Westerly direction 11.6 feet to the place of beginning. TOGETHER with full and free ingress, egress and regress in the Grantee, her heirs and assigns, to and over the aforesaid private alley to the South of the parcel herein conveyed, to be held in common with the said Clarence F. Cramer, his heirs and assigns, forever. WRIT OF EXECUTION and/or ATTACHMENT , COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3872 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TMS MORTGAGE INC., D/B/A THE MONEY STORE, Plaintiff (s) From CRYSTAL L. ZELLNER, 517 N. PITT STREET, CARLISLE, PA 17013 (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 gamishee(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 $37,386.63 L.L. $.50 Interest FROM 7/24/02 TO 6/11/03 - $5,499.76 @ $17.08 PER DIEM Arty's Comm % Due Prothy $1.00 Arty Paid $111.50 Other Costs Plaintiff Paid Date: MARCH 7, 2003 (Seal) REQUESTING PARTY: Name RICHARD M. SQUIRE, ESQUIRE CURTIS R. LONG Prothonotar Deputy Address: ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8790 Supreme Court ID No. 04267 3giss?usl35n"xa^m?as,a?= s ... ?W __ ., ,.e.t. ?._ svrsae?n+uexrnewm.?sw? ? ?.xm_wa, ??n ?"". Real Estate Sale # 34 On March 12, 2003 the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA known and numbered as 517 N. Pitt Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2003 By: Jb?Vvt Real Estate Deputy CR C5°u d THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) as JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ell PUBLICATION .......................... .. .. .....C?xr COPY Sworn to and sub cri ad before m i 14th day of 20 SALE #34 Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County NOTARY PUBLIC My Commission Expires June 6,2006 commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 336.15 Probating same Notary Fee(s) $ 1.75 Total $ 337.90 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... PARCEL NO.38-08.0507.624. REAL ESTATE SALE No.34 Writ No. 2001.3872 Civil Term TMS Mortgage Inc., D/b/a The Money Store vs Crystal L 2ellner Arty: Iiiehard M. Squire DESCRIPTION ALLTHOSE CERTAf.N pieces or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wl TRACE N0. 1: A01NNNG at a point on the Eastern side of North Nit Street in line of land nmv of formerly of Arthur Kock mid his wife; thence by the same in an Fasterly direction, 84 feet. more or less, to a patch thence by the sane in a Southerly direction 257', more or less, to a point in the same; thence in an Ensteily direction Z' 10", mom or less, to a rmint; thence suit by the same in a Southerly direction 14' 5", mom ur less, to a point in line of lands now or formerly of ' Jahn W. Toomey; thence by the same in an Easterly direction 24"", more or less, to a paint ih. line of lands now or formerly of Charles A. Losch; thence by some in a Northerly direction 66', more or less, to a point in the line of other finds now or formerly of Charles A. Lusch; thence by the smtn. in a Westerly direction 111.2 feet, more or less, to a point on the Fast side or Nunh.Pitt Sttreet,..tlience by the same in a Southerly direction 27', more or less, to the place of BEGINNING. HAVING thereon erected a two and one-half shun dwelling house known re 517 Nash Pat Street. SUBJECT to. the right of the owner of the pnmases to the West of the Southern portion of the lot above conveyed, his heirs and assigns, to the use of the vacant lot as it now exists located adjacent to the praperty on the West for the purpose of ingmss,.agress, and regress in the said premises on the West, together with the Gmnfee a assigns. Said vacant ship hrixm, her heirs an being 5', mare or less, wide at the Northern side of the said lot on the Rest and extending irregularly to a width of 25', mom or less, at the at a point on the tppro crhly 10' oulheast coiner of mama oy sam enter areas now at mrmeny at Clarence Cramer in a Northeasterly direction 0.6' to n paint, the Northeast comer of Tract No.l above described; thence by land now or formerly of Charics E Cromer in an Easterly direction l foot to a post; thence by same in a Southerly direcurtr50.5 feet to a tree; thence by same in a Southeasterly direction 10.7 feet to a post; thence by fee same in a Southerly direction 8.7 fact to a post an the Eastern side of the private alley aforesaid; thence across said alley in a Westerly direction 11.6 fact to the olace of beginning. 70GETHER with full and free ingress, egress and regress in thi Graffmi, her heirs and assigns, to ana over the aforesaid private alley to the South of the parcel herein conveyed, to be held in common withthe said Clarence F. Cramer, his heirs and assigns, forever. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie CuW Editor TO AND SUBSCRIBED before me this 9 day of MAY, 2003 LOI S E. vPNDER, R'®ffiry "10 C 2&"a Rera, Gumberlaw My Carmissim Expires March 5, REAL ESTATE SALE NO. 34 Writ No. 2001-3872 Civil TM5 Mortgage Inc., d/b/a The Money Store VS. Crystal L. Zellner Atty.: Richard M. Squire DESCRIPTION ALL THOSE CERTAIN pieces or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and de- scribed as follows. to wit: TRACT NO. 1: BEGINNING at a point on the Eastern side of North Pitt Street in line of land now or for- merly of Arthur Keck and his wife: thence by the same in an Easterly direction, 84 feet, more or less, to a point; thence by the same in a Southerly direction 25' 7", more or less. to a point in the same; thence in an Easterly direction 2' 10", more or less, to a point: thence still by the same in a Southerly direction IT 5", more or less to a point in line of lands now or formerly of John W. Toomey: thence by the same in an Easterly direction 24' 2", more or less, to a point in line of lands now or formerly of Charles A. Losch; thence by same in a Northerly di- rection 66', more or less, to a point in the line of other lands now or formerly of Charles A. Losch: thence by the same in a Westerly direction 111.2 feet, more or less, to a point on the East side of North Pitt Street; thence by the same in a Southerly direction 27', more or less to the place of beginning. HAVING thereon erected a two and one-half story dwelling house known as 517 North Pitt Street. SUBJECT to the right of the own- er of the premises to the West of the Southern portion of the lot above conveyed, his heirs and assigns, to the use of the vacant lot as it now exists located adjacent to the prop- erty on the West for the purpose of ingress, egress, and regress to the said premises on the West, together with the Grantee herein, her heirs and assigns. Said vacant strip be- ing 5', more or less, wide at the North- ern side of the said lot on the West and extending irregularly to a width of 25', more or less, at the South- ern side. TRACT NO. 2: BEGINNING at a point on the Western side of a pri- vate alley approximately 10' wide, which point is also the Southeast corner of lands now or formerly of Clarence Cramer; thence by said oth- er lands now or formerly of Clarence Cramer in a Northeasterly direction 65.6 to a point, the Northeast cor- ner of Tract No. 1 above described; thence by land now or formerly of Charles F. Cramer in an Easterly direction 1 foot to a post; thence by same in a Southerly direction 50.5 feet to a tree: thence by same in a Southeasterly direction 10.7 feet to a post; thence by the same in a Southerly direction 8.7 feet to a post on the Eastern side of the private alley aforesaid; thence across said alley in a Westerly direction 11.6 feet to the place of beginning. TOGETHER with full and free ingress, egress and regress in the Grantee, her heirs and assigns, to and over the aforesaid private alley to the South of the parcel herein conveyed, to be held in common with the said Clarence F. Cramer, his heirs and assigns, forever. ow Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire I.D. No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886.8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL TERM V. Crystal L. Zellner DEFENDANT MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: Issue Writ of Execution in the above matter. Amount Due $37,386.63 Interest From 07/24/2002 to 03/03/2004 $10,060.12 @ $17.08 per diem $47,446.75 * plus fees and costs Richard M. Squire & Dated A10 2[ D -J By: Attorneys for Plaintiff(s) lot H U N r oo M O 0 w O V) a a z 1 U O O U F 4 U 0 Ei N H Ey uUu? 0 O W U W Qi 0 O U 0 O w N O G w ao .aY v Q, F W ?y O Ri Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire I.D. No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-586-8790 Fax: 215-886-8791 TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL TERM V. Crystal L. Zellner DEFENDANT. MORTGAGE FORECLOSURE WRIT OF EXECUTION (Mortgage Foreclosure) COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property (specifically describe property below): All real property and improvements thereon located at: 517 North Pitt Street, Borough of Carlisle, Carlisle, PA 17013 Improvements consisting of a residential dwelling (See attached legal description) Amount Due $37,386.63 Interest From 07/24/2002 to 03/03/2004 $10.060.12 @ $17.08 per diem $47,446.75 * plus fees and costs PROTHONOTARY Seal of Court BY: DeputyProthonotary Date ... \rH !4 U N t- oo M 0 z k, 0 a a 0 1 U 0 0 U W x F 4 ci ? 0 w /r F PL( r N N .-7 q Yr`' y M U z U ac O O y v ?? U 7; m 00 O Is l W w c"l In O Ryon .? 90 w y rl c o ? a, m 0 'y wv It, LEGAL DESCRIPTION ALL THOSE CERTAIN pieces or parcels of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a point on the Eastern side of North Pitt Street in line of land now or formerly of Arthur Keck and his wife; thence by the same in an Easterly direction, Eighty-four (84) feet, more or less, to a point; thence by the same in a Southerly direction, Twenty-five (25) feet Seven (7) inches, more or less, to a point in the same; thence in an Easterly direction, Two (2) feet Ten (10) inches, more or less, to a point; thence still by the same in a Southerly direction, Fourteen (14) feet Five (5) inches, more or less, to a point in line of lands now or formerly of John W. Toomey; thence by the same in an Easterly direction, Twenty-four (24) feet Two (2) inches, more or less, to a point in line of lands now or formerly of Charles A. Losch; thence by same in a Northerly direction, Sixty-six (66) feet, more or less, to a point in line of other lands now or formerly of Charles A. Losch; thence by the same in a Westerly direction One Hundred Eleven and Two-tenths (111.2) feet, more or less, to a point on the East side of North Pitt Street; thence by the same in a Southerly direction, Twenty-seven (27) feet, more or less, to the place of BEGINNING. HAVING thereon erected a Two and One-half (2 %:) story dwelling house known as 517 North Pitt Street. SUBJECT to the right of the owner of the premises to the West of the Southern portion of the lot above conveyed, his heirs and assigns, to the use of the vacant lot as it now exists located adjacent to the property on the West for the purpose of ingress, egress, and regress to the said premises on the West, together with Richard W. Dutrey and Marjorie B. Dutrey, husband and wife, their heirs and assigns. Said vacant strip being Five (5) feet, more or less, wide at the Northern side of said lot on the West and extending irregularly to a width of Twenty-five (25) feet, more or less, at the Southern side. TRACT NO. 2: BEGINNING at a point on the Western side of a private alley approximately Ten (10) feet wide, which point is also the Southeast corner of lands now or formerly of Clarence Cramer; thence by said other lands now or formerly of Clarence Cramer in a Northeasterly direction Sixty-five and Six-tenths (65.6) feet to a point, the Northeast corner of Tract No. 1 above described; thence by land now or formerly of Charles F. Cramer in an Easterly direction One (1) foot to a post; thence by same in a Southerly direction Fifty and Five-tenths (50.5) feet to a tree; thence by the same in a Southereastly direction Ten and Seven- tenths (10.7) feet to a post; thence by the same in a Southerly direction Eight and Seven-tenths (8.7) feet to a post on the Eastern side of the private alley aforesaid; thence across said alley in a Westerly direction Eleven and Six-tenths (11.6) feet to the place of BEGINNING. TOGETHER with full and free ingress, egress and regress in Richard W. Dutrey and Marjorie B. Dutrey, husband and wife, their heirs and assigns, to and over the aforesaid private alley to the South of the parcel herein conveyed, to be held in common with the said Clarence F. Cramer, his heirs and assigns, forever. BEING TAX PARCEL NO. 06-20-1798-057. BEING the same premises which Richard W. Dutrey and Marjorie B. Dutrey, by Deed dated December 23, 1996 and recorded on January 2, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 151, Page 583, granted and conveyed unto Crystal L. Zellner, in fee. SEIZED AND TAKEN in execution as the property of Crystal L. Zellner under Judgment No. 01-3872 Civil Term. r .. ? f FC { - r> rTIi _ w ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3872 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TMS MORTGAGE, INC. d/b/a THE MONEY STORE Plaintiff (s) From CRYSTAL L. ZELLNER, 517 N. PITT ST., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 517 N. PITT ST., CARLISLE PA 17013 (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 $37,386.63 L.L. Interest 7/24/02 TO 3/3/04 @ $17.08 per diem = $10,060.12 Arty's Comm % Due Prothy 1.00 Arty Paid $1,224.16 Plaintiff Paid Other Costs Date: DECEMBER 3, 2003 (Seal) REQUESTING PARTY: Name RICHARD M. SQUIRE, ESQ. CURTIS R. LONG Protho tary By: z. U Deb ty Address: ONE JENHINTOWN STATION, STE. 104 115 WEST AVE.,, JENEINTOWN PA 19046 Attorney for: PLAINTIFF Telephone: (215) 886-8790 Supreme Court ID No. 04267 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: { CRYSTAL L. ZELLNER CASE NO.: 1-03-03427 CHAPTER13 Debtor(s) ORDER DISMISSING CASE At, Harrisburg, in said district, on this 16TH day of OCTOBER, 2003, It appearing that the above-named debtor(s) has/have failed to attend Rescheduled 341 Meeting of Creditors and pay filing fees due and it having been determined after notice and hearing that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED thatthe trustee hereby is discharged from f utherresponsibilityinthis case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. 1 iI .. s 6' FILLD ,1 I L- i OCT 16. 2003 Clerk, U.S. Bankruptcy CL•un BANKRUPTCY JUDGE Ckl 1 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8700 TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL TERM V. Crystal L. Zelhter DEFENDANT MORTGAGE FORECLOSURE CERTIFICATION Richard M. Squire, 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: ( ) An FHA Mortgage ( ) Non-owner occupied ( ) Vacant (X) Act 91 Procedures have been fulfilled This certification is made subject to the penalties of 108, Pa. C.S. Sec on 4904 relating to unworn falsification to authorities. , /f Richard M. Squire & As 6iates, LLC Attorneys for Plaintiff '`??a+€G?M'?e.abn...4s,xt?°?a'S?'.a?.W?u3?s€av«r??t5 rcv. _.f?,., , e..:..,? ,n 8es' "_ _-__ _ g- .?? ? -? Z z ?"r- 7_? I y: i'?' . ? ? `' ? G °O :7::: ' =: . ? C ?? tJ r+ Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 (215) 886-8790 Fax(215)886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, V. Crystal L. Zellner DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 TMS Mortgage Inc., d/b/a The Money Store, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 517 North Pitt Street, Borough of Carlisle, Carlisle, PA 17013: Name and last known address of Owner(s) or Reputed Owner(s): Crystal L. Zellner 517 North Pitt Street, Carlisle, PA 17013 2. Name and last known address of Defendant(s) in the judgment: Crystal L. Zellner 517 North Pitt Street, Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None other. 4. Name and address of last recorded holder of every mortgage of record: None other. 5. Name and address of every other person who has any record lien on the property: None other. 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: Domestic Relations Section Court of Common Pleas 13 North Hanover Street, P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare Attn : Legal Department Health & Welfare Building P. 0. Box 2675 Harrisburg, PA 17105-2675 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: Tenant/Occupant 517 North Pitt Street, Carlisle, PA 17013 VERIFICATION 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. §4904 relating to unworn to By: 115 West Avenue, Suite Jenkintown, PA 19046 Attorneys for Plaintiff Date: November 11, 2003 Q w d -? rn T a mr- ?? w p? Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Crystal L. Zellner 517 North Pitt Street Carlisle, PA 17013 Your house (real estate) at 517 North Pitt Street, Borough of Carlisle, Carlisle, Pa 17013 is scheduled to be sold at the Cumberland County Sheriff's Sale on Wednesday, March 3, 2004 at 10:00 a.m. prevailing local time, in the County Commissioners' Conference Room, 2"d Floor, at the new Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the judgment entered against you on July 24, 2002 in the amount of $37,386.63 plus interest, in the Court of Common Pleas of Cumberland County as No. 01-3872 Civil Term, in favor of plaintiff, TMS Mortgage Inc., d/b/a The Money Store. NOTICE OF OWNER'S RIGHTS NOTE: This law firm is a debt collector and is attempting to collect a debt on behalf of plaintiff in this matter. This notice is an attempt to collect a debt, and any information obtained hereby will be used for such purpose. YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 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 plaintiff, the amount of the judgment plus costs, back payments, late charges, costs and reasonable attorney's fees due. To find out bow much you must pay, you may call Richard M. Squire, Esquire, at (215) 866-8790. 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 means. 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 the Cumberland County Sheriff at (717) 240-6390. 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 the Cumberland County Sheriff at (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 a 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 that was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with the schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS NOTICE 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. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Tel: 717-249-3166 and 800-990-9108 a, LEGAL DESCRIPTION ALL THOSE CERTAIN pieces or parcels of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a point on the Eastern side of North Pitt Street in line of land now or formerly of Arthur Keck and his wife; thence by the same in an Easterly direction, Eighty-four (84) feet, more or less, to a point; thence by the same in a Southerly direction, Twenty-five (25) feet Seven (7) inches, more or less, to a point in the same; thence in an Easterly direction, Two (2) feet Ten (10) inches, more or less, to a point; thence still by the same in a Southerly direction, Fourteen (14) feet Five (5) inches, more or less, to a point in line of lands now or formerly of John W. Toomey; thence by the same in an Easterly direction, Twenty-four (24) feet Two (2) inches, more or less, to a point in line of lands now or formerly of Charles A. Losch; thence by same in a Northerly direction, Sixty-six (66) feet, more or less, to a point in line of other lands now or formerly of Charles A. Losch; thence by the same in a Westerly direction One Hundred Eleven and Two-tenths (111.2) feet, more or less, to a point on the East side of North Pitt Street; thence by the same in a Southerly direction, Twenty-seven (27) feet, more or less, to the place of BEGINNING. HAVING thereon erected a Two and One-half (2 %:) story dwelling house known as 517 North Pitt Street. SUBJECT to the right of the owner of the premises to the West of the Southern portion of the lot above conveyed, his heirs and assigns, to the use of the vacant lot as it now exists located adjacent to the property on the West for the purpose of ingress, egress, and regress to the said premises on the West, together with Richard W. Dutrey and Marjorie B. Dutrey, husband and wife, their heirs and assigns. Said vacant strip being Five (5) feet, more or less, wide at the Northern side of said lot on the West and extending irregularly to a width of Twenty-five (25) feet, more or less, at the Southern side. TRACT NO. 2: BEGINNING at a point on the Western side of a private alley approximately Ten (10) feet wide, which point is also the Southeast comer of lands now or formerly of Clarence Cramer, thence by said other lands now or formerly of Clarence Cramer in a Northeasterly direction Sixty-five and Six-tenths (65.6) feet to a point, the Northeast comer of Tract No. 1 above described; thence by land now or formerly of Charles F. Cramer in an Easterly direction One (1) foot to a post; thence by same in a Southerly direction Fifty and Five-tenths (50.5) feet to a tree; thence by the same in a Southereastly direction Ten and Seven- tenths (10.7) feet to a post; thence by the same in a Southerly direction Eight and Seven-tenths (8.7) feet to a post on the Eastern side of the private alley aforesaid; thence across said alley in a Westerly direction Eleven and Six-tenths (11.6) feet to the place of BEGINNING. TOGETHER with full and free ingress, egress and regress in Richard W. Dutrey and Marjorie B. Dutrey, husband and wife, their heirs and assigns, to and over the aforesaid private alley to the South of the parcel herein conveyed, to be held in common with the said Clarence F. Cramer, his heirs and assigns, forever. BEING TAX PARCEL NO. 06-20-1798-057. BEING the same premises which Richard W. Dutrey and Marjorie B. Dutrey, by Deed dated December 23, 1996 and recorded on January 2, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 151, Page 583, granted and conveyed unto Crystal L. Zellner, in fee. SEIZED AND TAKEN in execution as the property of Crystal L. Zellner under Judgment No. 01-3872 Civil Term. _ - 6 - _ ??m1k11flM1 •••tw?u..n.i. ?, Cti '. Ct?'+?+HmevBnAlfart+uv.ewu .s., ?-.ear.. zv?a?._?s.c?eain?.'° ?_ 4 x s d C ? n ".i ;7 ( OF? U3'. W M L? { n 1'y w ti M b i -ir TMS Mortgage, hic. d/b/a The Money Store VS Crystal L. Zellner In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3872 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Richard Squire. Sheriff's Costs: Docketing 30.00 Poundage 24.84 Posting Handbills 30.00 Advertising 30.00 Mileage 6.90 Levy 30.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 590.90 Patriot News 444.04 Share of Bills 29.32 Law Library Prothonotary 1.00 $1267.00 paid by attorney 06/18/04 Sworn and subscribed to before me S? rs• ?? This Q JAI day of 2004, R. Thomas Kline, Sheriff A.D. BY Q Prothonotary Real E, to Deputy 41,E J,.5.2 3 G D Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, V. Crystal L. Zellner DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVEL TERM MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 TMS Mortgage Inc., d/b/a The Money Store, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 517 North Pitt Street, Borough of Carlisle, Carlisle, PA 17013: Name and last known address of Owner(s) or Reputed Owner(s): Crystal L. Zellner 517 North Pitt Street, Carlisle, PA 17013 2. Name and last known address of Defendant(s) in the judgment: Crystal L. Zellner 517 North Pitt Street, Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None other. 4. Name and address of last recorded holder of every mortgage of record: None other. 5. Name and address of every other person who has any record lien on the property: None other. 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: Domestic Relations Section Court of Common Pleas 13 North Hanover Street, P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare Attn : Legal Department Health & Welfare Building P. 0. Box 2675 Harrisburg, PA 17105-2675 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: Tenant/Occupant 517 North Pitt Street, Carlisle, PA 17013 VERIFICATION 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. §4904 relating to unworn to By: 115 West Avenue, Suite Jenkintown, PA 19046 Attorneys for Plaintiff Date: November 11, 2003 LEGAL DESCRIPTION ALL THOSE CERTAIN pieces or parcels of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a point on the Eastern side of North Pitt Street in line of land now or formerly of Arthur Keck and his wife; thence by the same in an Easterly direction, Eighty-four (84) feet, more or less, to a point; thence by the same in a Southerly direction, Twenty-five (25) feet Seven (7) inches, more or less, to a point in the same; thence in an Easterly direction, Two (2) feet Ten (10) inches, more or less, to a point; thence still by the same in a Southerly direction, Fourteen (14) feet Five (5) inches, more or less, to a point in line of lands now or formerly of John W. Toomey; thence by the same in an Easterly direction, Twenty-four (24) feet Two (2) inches, more or less, to a point in line of lands now or formerly of Charles A. Losch; thence by same in a Northerly direction, Sixty-six (66) feet, more or less, to a point in line of other lands now or formerly of Charles A. Losch; thence by the same in a Westerly direction One Hundred Eleven and Two tenths (111.2) feet, more or less, to a point on the East side of North Pitt Street; thence by the same in a Southerly direction, Twenty-seven (27) feet, more or less, to the place of BEGINNING. HAVING thereon erected a Two and One-half (2 %) story dwelling house known as 517 North Pitt Street. SUBJECT to the right of the owner of the premises to the West of the Southern portion of the lot above conveyed, his heirs and assigns, to the use of the vacant lot as it now exists located adjacent to the property on the West for the purpose of ingress, egress, and regress to the said premises on the West, together with Richard W. Dutrey and Marjorie B. Dutrey, husband and wife, their heirs and assigns. Said vacant strip being Five (5) feet, more or less, wide at the Northern side of said lot on the West and extending irregularly to a width of Twenty-five (25) feet, more or less, at the Southern side. TRACT NO. 2: BEGINNING at a point on the Western side of a private alley approximately Ten (10) feet wide, which point is also the Southeast corner of lands now or formerly of Clarence Cramer; thence by said other lands now or formerly of Clarence Cramer in a Northeasterly direction Sixty-five and Six-tenths (65.6) feet to a point, the Northeast corner of Tract No. 1 above described; thence by land now or formerly of Charles F. Cramer in an Easterly direction One (1) foot to a post; thence by same in a Southerly direction Fifty and Five-tenths (50.5) feet to a tree; thence by the same in a Southereastly direction Ten and Seven- tenths (10.7) feet to a post; thence by the same in a Southerly direction Eight and Seven-tenths (8.7) feet to a post on the Eastern side of the private alley aforesaid; thence across said alley in a Westerly direction Eleven and Six-tenths (11.6) feet to the place of BEGINNING. TOGETHER with full and free ingress, egress and regress in Richard W. Dutrey and Marjorie B. Dutrey, husband and wife, their heirs and assigns, to and over the aforesaid private alley to the South of the parcel herein conveyed, to be held in common with the said Clarence F. Cramer, his heirs and assigns, forever. BEING TAX PARCEL NO. 06-20-1798-057. BEING the same premises which Richard W. Dutrey and Marjorie B. Dutrey, by Deed dated December 23, 1996 and recorded on January 2, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 151, Page 583, granted and conveyed unto Crystal L. Zellner, in fee. SEIZED AND TAKEN in execution as the property of Crystal L. Zellner under Judgment No. 01-3872 Civil Term. Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Crystal L. Zellner 517 North Pitt Street Carlisle, PA 17013 Your house (real estate) at 517 North Pitt Street, Borough of Carlisle, Carlisle, Pa 17013 is scheduled to be sold at the Cumberland County Sheriff's Sale on Wednesday, March 3, 2004 at 10:00 a.m. prevailing local time, in the County Commissioners' Conference Room, 2'' Floor, at the new Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the judgment entered against you on July 24, 2002 in the amount of $37,386.63 plus interest, in the Court of Common Pleas of Cumberland County as No. 01-3872 Civil Term, in favor of plaintiff, TMS Mortgage Inc., d/b/a The Money Store. NOTICE OF OWNER'S RIGHTS NOTE: This law firm is a debt collector and is attempting to collect a debt on behalf of plaintiff in this matter. This notice is an attempt to collect a debt, and any information obtained hereby will be used for such purpose. YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE swu.; 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 cancelled if you pay to plaintiff, the amount of the judgment plus costs, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Richard M. Squire, Esquire, at (215) 866-8790. 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 means. 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 the Cumberland County Sheriff at (717) 240-6390. 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. 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 the Cumberland County Sheriff at (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 a 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 that was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with the schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS NOTICE 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. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Tel: 717-249-3166 and 800-990-9108 LEGAL DESCRIPTION ALL THOSE CERTAIN pieces or parcels of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a point on the Eastern side of North Pitt Street in line of land now or formerly of Arthur Keck and his wife; thence by the same in an Easterly direction, Eighty-four (84) feet, more or less, to a point; thence by the same in a Southerly direction, Twenty-five (25) feet Seven (7) inches, more or less, to a point in the same; thence in an Easterly direction, Two (2) feet Ten (10) inches, more or less, to a point; thence still by the same in a Southerly direction, Fourteen (14) feet Five (5) inches, more or less, to a point in line of lands now or formerly of John W. Toomey; thence by the same in an Easterly direction, Twenty-four (24) feet Two (2) inches, more or less, to a point in line of lands now or formerly of Charles A. Losch; thence by same in a Northerly durection, Sixty-six (66) feet, more or less, to a point in line of other lands now or formerly of Charles A. Losch; thence by the same in a Westerly direction One Hundred Eleven and Two-tenths (111.2) feet, more or less, to a point on the East side of North Pitt Street; thence by the same in a Southerly direction, Twenty-seven (27) feet, more or less, to the place of BEGINNING. HAVING thereon erected a Two and One-half (2 %:) story dwelling house known as 517 North Pitt Street. SUBJECT to the right of the owner of the premises to the West of the Southern portion of the lot above conveyed, his heirs and assigns, to the use of the vacant lot as it now exists located adjacent to the property on the West for the purpose of ingress, egress, and regress to the said premises on the West, together with Richard W. Dutrey and Marjorie B. Dutrey, husband and wife, their heirs and assigns. Said vacant strip being Five (5) feet, more or less, wide at the Northern side of said lot on the West and extending irregularly to a width of Twenty-five (25) feet, more or less, at the Southern side. TRACT NO. 2: BEGINNING at a point on the Western side of a private alley approximately Ten (10) feet wide, which point is also the Southeast corner of lands now or formerly of Clarence Cramer; thence by said other lands now or formerly of Clarence Cramer in a Northeasterly direction Sixty-five and Six-tenths (65.6) feet to a point, the Northeast comer of Tract No. 1 above described; thence by land now or formerly of Charles F. Cramer in an Easterly direction One (1) foot to a post; thence by same in a Southerly direction Fifty and Five-tenths (50.5) feet to a tree; thence by the same in a Southereastly direction Ten and Seven- tenths (10.7) feet to a post; thence by the same in a Southerly direction Eight and Seven-tenths (8.7) feet to a post on the Eastern side of the private alley aforesaid; thence across said alley in a Westerly direction Eleven and Six-tenths (11.6) feet to the place of BEGINNING. TOGETHER with full and free ingress, egress and regress in Richard W. Dutrey and Marjorie B. Dutrey, husband and wife, their heirs and assigns, to and over the aforesaid private alley to the South of the parcel herein conveyed, to be held in common with the said Clarence F. Cramer, his heirs and assigns, forever. BEING TAX PARCEL NO. 06-20-1798-057. BEING the same premises which Richard W. Dutrey and Marjorie B. Dutrey, by Deed dated December 23, 1996 and recorded on January 2, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 151, Page 583, granted and conveyed unto Crystal L. Zellner, in fee. SEIZED AND TAKEN in execution as the property of Crystal L. Zellner under Judgment No. 01-3872 Civil Term. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3872 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TMS MORTGAGE, INC. d/b/a THE MONEY STORE Plaintiff (s) From CRYSTAL L. ZELLNER, 517 N. PITT ST., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 517 N. PITT ST., CARLISLE PA 17013 (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 $37,386.63 L.L. Interest 7/24/02 TO 3/3/04 @ $17.08 per diem = $10,060.12 Atty's Comm % Due Prothy 1.00 Arty Paid $1,224.16 Other Costs Plaintiff Paid Date: DECEMBER 3, 2003 CURTIS R. LONG Protho tary (Seal) By: Deputy REQUESTING PARTY: Name RICHARD M. SQUIRE, ESQ. Address: ONE JENKINTOWN STATION, STE.104 115 WEST AVE.,, JENKINTOWN PA 19046 Attorney for: PLAINTIFF Telephone: (215) 886-8790 Supreme Court ID No. 04267 Real Estate Sale # 65 On December 05, 2003 the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 517 North Pitt Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 05, 2003 By:j o Real Estat Deputy , 0 t' THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County ofrD phin in Miscellaneous Book "M", Volume 14, Page 317. / ?, __ - PUBLICATION ....................?/.........rbv. COPY Sworn to and subscrib d efore SALE #65 Notarial Seal Terry L Russell, Notary Public City Of Hamsburg, Dauphin County MV Commission Expires June 6, 2006 n,"s 23rd day N01ARY PUBLIC commission expires June 6, 2006 ........?......... rug/2004 A.D. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 444.04 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice'and publication costs and certifies that the same have been duly paid. By .................................................................... Jr REAL ESTATE SALE No. 68 Writ No. 2001-3872 Civil Term TMS Mortgage Inc., "lathe Money Store V, Crystal L Zeliner r ` At -!?lchard kiAlre 4i=SpwIPTtON.... ,3U'I'HOSE CERTAIN pitmes a parcels of S?land ,dices. in the Borough of Carlisle, Camlxrland County, Pennsylvania, bounded and &,,ibed as follows, to wit: TRACT N0. G BEGINNING at a Point on the Eastern bide of North Pill Street in time of land now or facncrly of Arthur RttR mid his wife; {hale by the same in are Easterly direction >then?ce by ? sfeet, issore or less, to a Point: m: in ,.Southerly direction. ronnily-five L25) feet Seven I) inches, room we less, to a point in the same; thence in as Easvuly 'dizecdun, Two 47J fed Ten (10) inmies, more or 'tees, to a point, thence ,[ill by the smile in a Soudiedy direction, Fourteen (14) Real Five (5) inches, morn a lem to a point in line of lands now or formerly of John W. Toomey; thole by the sane: in an Eastely direcflon. Twenty-four (24) feetTwa !?)inches, mare or less, to a point to line of lands now or formerly of Charles A. Losch; thence by sane in a Northerly direction, $u[y-nix 166) fees inore ox less, to a Point in line of other lands now or formerly of Charles A. Is5e11; thm by the same in a Westerly diection One HlmdredFJeveamm Two.temhs (111.2) feet, sere or less, to a point on the Fast side of North Pin Street; thence by the smile in a Southerly dim,ri eu Twenty-seven (27) feet, mom or less, to the place of BEGINNING. HAVING Ihemon erected n Two and One-half (? R) story dwelling house known as 317 Nod Pitt Street. - SUBJECT to the right of rlre cairn of the premises to the Wal of the Solabem Portion of ,he 1m ab,we conveyed, his heirs Slid assigns, to the use of the n amt lot es it now exists located adjacent to die property on the `Best for the_ purpose it ingress, a p,_ss, and r npsAa to the said premises an. the West, together with Richard V4 Dulmy mid Marjorie B. Dutrey, husband and wife, died, bens mad assigns. Said vacua strip being Five 551 feet, mom or less, wide at the Northern side of said lot an the West and- extending limodariy to a width of Twenty-hve 125) teat, Natm or less, at the formula side. TRACT N0.2: BErjwN Gat a point on [be WosN.m side of a prlvate alley approximately ?en 110) feet wide, which point is also the Unbcast comer of Items now or Innerly of Outset, c=art thence by mad other lands now ar formerly of Clarence Cramer in a Nonbeasterry direction Sixty-five and Six.mmhs (S5.6) feet to a polrl5 the Northeast miner of [met Na I above desmih"h 9tnce by land now or formerly of Charles F. Cramer into Easterly directon One (1) that to a post; thence by same in a Southerly direction Fifty and Five-Ienms (505) fezt to a tees{ dance by the same in a Southeasterly d¢cuion Ten and Seven-tenths 00.7) Feet to a oat; thence by the tame in a Southerly direction Eight and Seen,, nttu (8.7) Not to a pat on rite Etiso rn side of the private aticy afomaid; thc,xe acrd,, Said alley in a Vlc3terly dseadon Elevcn and Six-teod, lll.6) lest to the place of BEGINNING. TOGETHER with full slid free ingms, egress and regress in Richard W. Move and Marjorie B. Dtitiey. husband and wife, meirhdvs and assigns, to and over the aforesaid private alley to the Sumo of the parcel twmem e,mveyed, to be held in common ooft the said Clarence F. Cromer, his heirsand assigns, forever. BEING TAX PARCEL N0.: 06.204798-057. .. BEING the anne premises which Ricbsed W. Do,troy and Marjorie B. Dummy, by Deed dared Decor bu, 23, 1996 and recorded on January 2, ,1997 in the 171i1ce of the Founder of Deeds in and for Cumberland County in Deed Book 151, Pa>eS83, granted and conveyed unto Crystal 1,. lsIlrer, in fee. SEIZED AND TAKEN in exceution as the pmpcny of Crystal L. 7xilaci under Judgment ' iYO: 01-3672CIO'lierm. - PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, AND SUBSCRIBED before me this 30 day of JANUARY 2004 LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 REAL ESTATE SALE NO. 88 Writ No. 2001-3872 Civil TMS Mortgage Inc., d/b/a The Money Store VS. Crystal L. Zellner Arty: Richard Squire LEGAL DESCRIPTION ALL THOSE CERTAIN pieces or parcels of land situate in the Bor- ough of Carlisle, Cumberland Coun- ty, Pennsylvania, bounded and de- scribed as follows, to wit: TRACT NO. 1: BEGINNING at a point on the Eastern side of North Pitt Street in line of land now or for- merly of Arthur Keck and his wife; thence by the same in an Easterly direction, Eighty-four (841 feet, more or less, to a point; thence by the same in a Southerly direction, Twenty-five (25) feet Seven (71 inches, more or less, to a point in the same; thence in an Easterly direction, Two 12) feet Ten (101 inches, more or less, to a point; thence still by the same in a Southerly direction. Fourteen (14) feet Five (5) inches, more or less, to a point in line of lands now or for- merly of John W. Toomey; thence by the same in an Easterly direc- tion, Twenty-four (24) feet Two (2) inches, more or less, to a point in line of lands now or formerly of Charles A. Losch; thence by same in a Northerly direction, Sixty-six (66) feet, more or less, to a point in line of other lands now or formerly of Charles A. Losch; thence by the same in a Westerly direction One Hundred Eleven and Two-tenths (111.2) feet, more or less, to a point on the East side of North Pitt Street; thence by the same in a Southerly direction, Twenty-seven (27) feet, more or less, to the place of BE- GINNING. HAVING thereon erected a Two and One-half (2 I/2) story dwelling house known as 517 North Pitt Street. SUBJECT to the right of the owner of the premises to the West of the Southern portion of the lot above conveyed, his heirs and as- signs, to the use of the vacant lot as it now exists located adjacent to the property on the West for the purpose of ingress, egress, and re- gress to the said premises on the West, together with Richard W. Dutrey and Marjorie B. Dutrey, hus- band and wife, their heirs and as- signs. Said vacant strip being Five (51 feet, more or less, wide at the Northern side of said lot on the West and extending irregularly to a width of Twenty-five (251 feet, more or less, at the Southern side. TRACT NO. 2: BEGINNING at a point on the Western side of a pri- vate alley approximately Ten (10) feet wide, which point is also the South- east corner of lands now or formerly of Clarence Cramer; thence by said other lands now or formerly of Clarence Cramer in a Northeasterly direction Sixty-five and Six-tenths (65.6) feet to a point, the Northeast corner of Tract No. 1 above de- scribed; thence by land now or for- merly of Charles F. Cramer in an Easterly direction One (1) foot to a post; thence by same in a South- erly direction Fifty and Five-tenths (50.5) feet to a tree; thence by the same in a Southereastly direction Ten and Seven-tenths (10.7) feet to a post; thence by the same in a Southerly direction Eight and Seven- tenths (8.7) feet to a post on the Eastern side of the private alley aforesaid; thence across said alley in a Westerly direction Eleven and Six-tenths (11.6) feet to the place of BEGINNING. TOGETHER with full and free ingress, egress and regress in Rich- ard W. Dutrey and Marjorie B. Dut- my, husband and wife, their heirs and assigns, to and over the afore- said private alley to the South of the parcel herein conveyed, to be held in common with the said Clarence F. Cramer, his heirs and assigns, forever. BEING TAX PARCEL NO. 06-20- 1798-057. BEING the same premises which Richard W. Dutrey and Marjorie B. Dutrey, by Deed dated December 23, 1996 and recorded on January 2, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 151, Page 583, granted and conveyed unto Crystal L. Zellner, in fee. SEIZED AND TAKEN in execu- tion as the property of Crystal L. Zellner under Judgment No. 01- 3872 Civil Term. TMS Mortgage Inc., d/b/a The Money Store In the Court of Common Pleas of VS Cumberland County, Pennsylvania Crystal L. Zellner Writ No. 2001-3872 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 02, 2007 at 1517 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Crystal L. Zellner, by making known unto Crystal Zellner, personally, at 517 North Pitt Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1055 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon Tract 1 of the property of Crystal L. Zellner located at 517 North Pitt St., Carlisle, Cumberland County, Pennsylvania according to law. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 25, 2007 at 1710 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon Tract 2 of the property of Crystal L. Zellner located at 517 North Pitt St., Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Crystal L. Zellner, by regular mail to her last known address of 517 North Pitt Street, Carlisle, PA 17013. This letter was mailed under the date of January 16, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Richard Squire. Sheriffs Costs: Docketing 30.00 Poundage 25.27 Posting Bills 30.00 Advertising 30.00 Prothonotary 1.00 Mileage 8.80 Levy 30.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 563.00 Patriot News 483.65 Share of Bills 16.83 L) $1,288.55 ? So Answers- R. Thomas Kline, Sheriff BY Real Estat ergeant y .V-o C t;C/Aa l („w.l9yr/y Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85 165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 DEFENDANT. Name and last known address of Owner(s) or Reputed Owner(s): AFFIDAVIT PURSUANT TO RULE 3129.1 TMS Mortgage Inc., d/b/a The Money Store, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at : 517 N. Pitt Street, Carlisle, Pa 17013 1. 2. 3 Crystal L. Zellner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE 517 N. Pitt Street, Carlisle, Pa 17013 Name and last known address of Defendant(s) in the judgment: Crystal L. Zellner 517 N. Pitt Street, Carlisle, Pa 17013 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Homecomings Financial Network 9350 Waxie Way, San Diego, CA 92123 4. Name and address of last recorded holder of every mortgage of record: TMS Mortgage Inc., d/b/a The Money Store C/o Rosicki, Rosicki, & Assoc. 1 Old Country Road, Ste 429 Carle Place, NY 11514 5. Name and address of every other person who has any record lien on the property: NONE OTHER 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: PA Department of Revenue Bureau of Compliance Department of Public Welfare Attn : Legal Department Domestic Relations P.O. Box 281230 Harrisburg, PA 17128-1230 Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 13 North Hanover Street Carlisle, PA 17013 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: Tenant/Occupant 517 North Pitt Street, Carlisle, PA 17013 VERIFICATION 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. §4904 relating to unsworn falsification to authorities. Richard . Squire & Associates, LLC By: Richard M. Squire, Es 115 West Avenue, Sui 04 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff Date: November 22, 2006 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85 165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, V. Crystal L.. Zellner 517 N. Pitt Street Carlisle, Pa 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 Your house (real estate) at 517 North Pitt Street, Carlisle, Pa 17013 is scheduled to be sold at Sheriff s Sale on March 7, 2007 at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the courtjudgment of $37,386.63 plus interest to the sale date obtained by TMS Mortgage Inc., d/b/a The Money Store against you. 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 canceled if you pay back to TMS Mortgage Inc., d/b/a The Money Store, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire or M. Troy Freedman, Esquire at (215) 886-8790. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the ZD judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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 below 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 the Cumberland County Sheriffs Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6195. 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 a 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 no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 ZD LEGAL DESCRIPTION ALL THOSE CERTAIN PIECES OR PARCEL OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: TRACT NO. 1: BEGINNING AT A POINT ON THE EASTERN SIDE OF NORTH PITT STREET IN LINE OF LAND NOW OR LATE OF ARTHUR KECK AND HIS WIFE; THENCE BY THE SAME IN AN EASTERLY DIRECTION, 84 FEET, MORE OR LESS, TO A POINT; THENCE BY THE SAME IN A SOUTHERLY DIRECTION 25'7", MORE OR LESS, TO A POINT IN THE SAME; THENCE IN AN EASTERLY DIRECTION 2' 10", MORE OR LESS, TO A POINT; THENCE STILL BY THE SAME IN A SOUTHERLY DIRECTION 14" 5", MORE OR LESS, TO A POINT IN LINE OF LANDS NOW OR FORMERLY OF JOHN W. TOOMEY; THENCE BY THE SAME IN AN EASTERLY DIRECTION 24'2", MORE OR LESS, TO A POINT IN LINE OF LANDS NOW OR FORMERLY OF CHARLES A. LOSCH; THENCE BY THE SAME IN A NORTHERLY DIRECTION 66', MORE OR LESS, TO A POINT IN LINE WITH OTHER LANDS NOW OR FORMERLY OF CHARLES A. LOSCH; THENCE BY THE SAME IN A WESTERLY DIRECTION 111.2 FEET, MORE OR LESS, TO A POINT ON THE EAST SIDE OF NORTH PITT STREET, THENCE BY THE SAME IN A SOUTHERLY DIRECTION 27', MORE OR LESS, TO THE PLACE OF BEGINNING. HAVING ERECTED THEREON A RESIDENTIAL DWELLING HOUSE KNOWN AS: 517 NORTH PITT STREET, CARLISLE, PA 17013 SUBJECT TO THE RIGHT OF THE OWNER OF THE PREMISES TO THE WEST OF THE SOUTHERN PORTION OF THE LOT ABOVE CONVEYED, HIS HEIRS AND ASSIGNS, TO THE USE OF THE VACANT LOT AS IT NOW EXISTS LOCATED ADJACENT TO THE PROPERTY ON THE WEST FOR THE PURPOSE OF INGRESS, EGRESS, AND REGRESS TO THE SAID PREMISES ON THE WEST, TOGETHER WITH THE GRANTEE HEREIN, HER HEIRS AND ASSIGNS. SAID VACANT STRIP BEING 5', MORE OR LESS, WIDE AT THE NORTHERN SIDE OF THE SAID LOT ON THE WEST AND EXTENDING IRREGULARLY TO A WIDTH OF 25', MORE OR LESS, AT THE SOUTHERN SIDE. TRACT NO. 2: BEGINNING AT A POINT ON THE WESTERN SIDE OF A PRIVATE ALLEY APPROXIMATELY 10' WIDE, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF LANDS NOW OR FORMERLY CLARENCE CRAMER; THENCE BY SAID OTHER LANDS NOW OR FORMERLY OF CLARENCE CRAMER IN A NORTHEASTERLY DIRECTION 65.6' TO A POINT, THE NORTHEAST CORNER OF TRACT NO. 1 ABOVE DESCRIBED; THENCE BY LAND NOW OR FORMERLY OF CHARLES F. CRAMER IN AN EASTERLY DIRECTION 1 FOOT TO A POST; THENCE BY THE SAME IN A SOUTHERLY DIRECTION 50.5 FEET TO A TREE; THENCE BY THE SAME IN A SOUTHEASTERLY DIRECTION 10.7 FEET TO A POST, THENCE BY THE SAME IN A SOUTHERLY DIRECTION 8.7 FEET TO A POST ON THE EASTERN SIDE OF THE PRIVATE ALLEY AFORESAID; THENCE ACROSS THE ALLEY IN A WESTERLY DIRECTION 11.6 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH FULL AND FREE INGRESS, EGRESS, AND REGRESS IN THE GRANTEE, HER HEIRS AND ASSIGNS, TO AND OVER THE AFORESAID PRIVATE ALLEY TO THE SOUTH OF THE PARCEL HEREIN CONVEYED, TO BE HELD IN COMMON WITH THE SAID CLARENCE F. CRAMER, HIS HEIRS AND ASSIGNS, FOREVER. TAX PARCEL NO.: 06-20-1798-057 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-3872 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TMS MORTGAGE INC., DB/A THE MONEY STORE, Plaintiff (s) From CRYSTAL L. ZELLNER (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 $37,386.63 L.L. Interest FROM 8/14/01 TO 3/7/07 @ $17.08 PER DIEM - $34.826.12 - * PLUS FEES AND COSTS Atty's Comm % Atty Paid $2516.16 Plaintiff Paid Due Prothy $1.00 Other Costs Date: NOVEMBER 29, 2006 (Seal) Curtis R. Fong, Prothorr6fa / By: Deputy REQUESTING PARTY: Name RICHARD M. SQUIRE, ESQUIRE Address: ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8790 Supreme Court ID No. 04267 Real Estate Sale # 58 On December 1, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Knpwn and numbered as 517 North Pitt Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. -.O ibate: December 1, 2006 By: j (S?, Real Estate Sergeant A 4'. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#58 > w' ? ? i?r fit llaran?M dE+?nler?iill! W.. ? vidc ofl?f6i???t t?1?1'1?Mr tl[ ; Sworn to and suby Edmore me this 26th day of Februarryy 2007 COMMONWEALTH OF PENNSYLVA Notarial Seal Terry L. Russell, Notary Public Qity Of s aurg, Dounty nnv [`.nmmismiss n Exoir J e 6, 2010 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. SS Writ No. 2001-3872 Civil TMS Mortgage Inc., d/b/a The Money Store VS. Crystal L. Zellner Atty.: Richard M. Squire LEGAL DESCRIPTION ALL those certain pieces or par- cel of land situate in the Borough of Carlisle, Cumberland County Perm sylvania, bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a pont on the eastern side of North Pitt Street in line of land now or late of Arthur Keck and his wife: thence by the same in an easterly direc- tion, 84 feet, more or less, to a point; thence by the same in a southerly direction 25' 7", more or less, to a .. a.e.,..nin an east- Coyne, SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 Lc"F ? s "fr' RR ",' -Lary Public Marl ?. Currib(-A riu Cou. y My Mardh 5, 2,'Ag Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff HomeComings Financial Network, Inc., PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE PETITION FOR LEAVE TO REASSESS DAMAGES Plaintiff, HomeComings Financial Network, Inc., through its undersigned attorneys hereby petitions this Court for leave to reassess damages. In support thereof, Plaintiff avers as follows: Plaintiff's Complaint in Mortgage Foreclosure was filed on June 25, 2001 as the result of the chronic failure and/or refusal of Defendant to make, tender, and/or deliver her monthly mortgage payments. 2. On or about July 29, 2002, the Honorable Edgar B. Bayley granted Plaintiff's Motion for Summary Judgment resulting in an in rem judgment being entered against Defendant for the sum of $37,386.63. A true and correct copy of the Court's Order is attached hereto as Exhibit "A" and made a part hereof. Thereafter, Plaintiff caused Defendants' real property situated at 517 N. Pitt Street Carlisle, PA 17013 (hereinafter referred to as "Property") to be listed for Sheriff s Sale on multiple occasions, which Sheriff's Sales were stayed by virtue of four (4) bankruptcy filings. A true and correct copy of the PACER Bankruptcy Name Search Results page, reflecting the commencement dates for the four (4) bankruptcy proceedings, is attached hereto as Exhibit "B" and made a part hereof. 4. Since the granting of summary judgment in 2002, Plaintiff has incurred additional fees and costs by virtue of Defendant's continuing failure and/or refusal to make their mortgage payments, for which Plaintiff is entitled to reassess its damages. Specifically, such costs include, but are not limited to: fees and costs associated with the four (4) bankruptcy filings'; additional fees and costs associated with this matter; additional late fees; real estate and school district tax advances; property inspections and BPO's; and/or property preservation fees. All of the foregoing fees are payable by Defendant pursuant to the terms of the Mortgage upon which this action is predicated.' A true and correct copy of the Mortgage is attached hereto as Exhibit "C" and made a part hereof. 5. Plaintiff desires leave to reassess damages to include the additional fees 1 See Ex. "B" 2Section 1. of the Mortgage states (in pertinent part): Borrower shall promptly pay when due the principal and interest indebtedness and all other charges evidenced by the Note. (Emphasis added.) With respect to taxes and insurance, Section 2. states (in pertinent part): Borrower shall pay to Lender on the day monthly payments are due under the Note until the Note is paid in full a sum (Funds) for (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property [... j (c) yearly mortgage insurance premiums. (Emphasis added.) With respect to the protection of Plaintiff's rights in the Property, Section 8. states (in pertinent part): [... ] The right of Lender to protect Lender's rights in the Property shall include the right to obtain at Borrower's expense property inspections, credit reports, appraisals, opinion of value or other expert opinions or reports [i.e. BPO's or broker price opinions] unless prohibited by law. Furthermore, Section 18. of the Mortgage states (in pertinent part): [...] upon Borrower's breach of any covenant or agreement of Borrower in this Security Instrument including the covenants to pay when due any sums secured by this Security Instrument [...] if the breach is not cured on or before the date specified in the notice Lender at Lender's option may declare all of the sums secured by this Security Instrument to be immediately due and payable without further demand and may foreclose this Security Instrument by judicial proceeding [...] Lender shall be entitled to collect all expenses of foreclosure including, but not limited to, reasonable attorneys fees, court costs, and costs of documentary evidence, abstracts and title reports even if the breach is cured prior to the completion of any foreclosure. (Emphasis added.) and costs which have accrued and accumulated since the granting of summary judgment. A true and correct copy of the Payoff Statement is attached hereto as Exhibit "D" and made a part hereof As clearly reflected therein, the total amount owed to Plaintiff, as of April 30, 2008, is $76,320.02. WHEREFORE, Plaintiff respectfully requests that it be granted leave to reassess its damages for $76,320.02. Respectfully submitted, RICHARD M. SQUIRE & ASSOCIATES, LLC Date: April 15, 2008 By: M. oy Freedman, Esquire e Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 215-886-8790 Attorneys for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 for Plaintiff HomeComings Financial Network, Inc., PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE VERIFICATION M. Troy Freedman, Esquire, hereby states that he one of the attorneys for the Plaintiff, a corporation, unless designated otherwise; that he is authorized to make this Verification; that he has personal knowledge of the facts averred in the foregoing Petition; and that the statements made in the foregoing Petition are true and correct to the best of his knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. BY: Troy Freedman, Esquire Attorney for Plaintiff Date: April 15, 2008 Exhibit "A" TMS MORTGAGE INC., d/b/a THE MONEY STORE, PLAINTIFF V. CRYSTAL L. ZELLNER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-3872 CIVIL TERM BEFORE BAYLEY, J. AND GUIDO, J. ORDER OF COURT AND NOW, this 0-.1 day of July, 2002, summary judgment in foreclosure is entered in favor 'of plaintiff, TMS Mortgage Inc., d/b/a The Money Store, against defendant, Crystal L. Zellner, in the amount of $37,386.63, together with ongoing per diem interest and charges recoverable to the date of Sheriff Sale of the mortgaged property at 517 North Pitt Street, Carlisle, Pennsvlvania. Richard M. Squire, Esquire For Plaintiff Crystal L. Zellner, Pro se 517 N. Pitt Street Carlisle, PA 17013 saa Th! Is-? L4 J 1'y pjti' i?t?Marv Exhibit "B" U.S. Party/Case Index Bankruptcy Name Search Results I?nl ase Viva rt Bankruptcy Name Search Results Page 1 of 1 4 Total Party matches for selection ZELLNER, CRYSTAL for Pennsylvania Middle Search Complete Fri Apr 11 14:44:15 2008 Selections 1 through 4 (Page 1) •Download (I paves $ 0.001 Name Court Case No. Filed Chapter 1 ZELLNER, CRYSTAL L pambke 05-00450.01/27/2005 13 2 ZELLNER, CRYSTAL L pambke 07-00595 02/28/2007 13 3 ZELLNER, CRYSTAL L ap mbke 04-0121.7 03/02/2004 13 4 ZELLNER, CRYSTAL L ap mbke 03-03427 06/10/2003 13 PACER Service Center Transaction Receipt 04/11/2008 14:44:15 PACER rs0431 Client Code: Hodum ?J Login: 11 1 11 Description: Bankruptcy srch Search ZELLNER, pg 1 Criteria: CRYSTAL Billable I Cost: 10.08 Pages: U.S. Partv/Case Index - Home Search: All Court Types Appellate I Bankruptcy I Civil I Criminal Reports: Court Code List Date Range Courts not on Index Statistical Reports User Options: Change Client Code New Login Bi11in?Historv PSC Home Page E-Mail PSC Logout Help https://pacer.uspei.uscourts.gov/cgi-bin/dquery.pl 4/11/2008 jo 14M oqj Luma.i of XjunoD urgdjapujtgd jo Xjgouogjo.zd oqj joa.itp puu iapio puu `.uoistoop .loud slt.ioptsuooai linoD ajquiouoH stgJ jugs sjsanbai Xjjnjjoadsaj jjiluitId `92IOdg2IgHM («•alus [s jjuags] oqj aaUu uotldwapai saziioglnu olmuls oN •uotiduiopoi jo lg2u sigl jo ostoiaxa age 2utWjni?a.z soInjuls ou anuq am„) Z8Z lu PZ'd LI7 'L-9Z[ iu 'ud t7SE `satItnuud u!JUL119 W santZ uo soominsuj aoJ uu Woj utuunj suuad aaS •muj utuunjXsuuad aapun slgi? i uotjduzapoi ajus s jjtiags-;sod ou anuq ilutpaaowd oinsolooioj oSv5iioui u of stuupuajap su jujosut Xuadoid aqj of alig ILMol aiinbou-ai ol;uupuojQa ioj Xum ou Xlainjosqu st oiagl •9I s rnacf (z) Ow Xiluou `9002 't aunt gouts }uou.LCvd o2tOpow Xlgtuouz u apuuz Sutnuq tnogttm Avadotd aqj pazipin suq;uupuajaQ aqj `atup stgl jo sb •S I •uos.iu Jo/puu `uIStjupuun `uotionitsop o; toafgns aq plnoo tt;ugj qons painoos st Apodoid oqt iagtagm of su ammuun sij3ttutujd g •X;tltqutl sasiwa.id ioj pans oq plnooRilutuld Ivy Bons Xjiodoad aql uo .io/puu ui sluoptoou Auu uaoq anuq aaagt .iagtagm oI su aiumuun si33ttutuld •2 •saouuuipio.io/puu `suot?ujn2oi `salru ?iuiuoz fi4tD of km.4uoo aau tugt satttntlou aoj pasn Ouiaq si Xpodoid aqj aaglagm of su a.iumuun sigliutuld J Xljado.id oql of .iolpuu ut po.unooo suq Aalunsuo ,Cuu .ioglagm of su o.zumuun st jjtluiuld •a .Cvodoid oqt uo Xj!Apou luiiallt .io/puu `atsum `sailuump Am ??utsnuo si iuupuojoa .iagiagm of su aiumuun si jjttutujd •P -Xjjodoid aqt ut sluuiwuo.io siattunbs Xuu o.tu oiagt.iagtagm of su a.iumuun sijjttutuld •o •aouu.msui s,.iaumoauioq Aq pa.ianoo st fqiadoid aql .zagtagm of su oiumuun si33ttuiuld •q -jooiaq wd u apuuz put ,Z„ I!gigxg su oja.zaq pagoutlu st Xpadoid oqj .ioj oouuluq xul s,anuaAo-d jo IuauzwdaQ mgdjopujtgd oql jo Xdoo loouoo puu orut d •ptud 2utaq;ou am kuadoid oy gttm uotloouuoo ui soxut jugj aiumu si jjtlutuld •u 3uags oql gllm luauuluas alaldwoo of Xttunlioddo uu uant? si JJRutuld puu paluua st uiaioq palsonbai3atlai oqj ssolun uuug ajquiudaut .ia3jns IItm3jtjuiuid 'bt Exhibit "C" Fr -i -r u. lr' i. J Jl }.vF IS U;LG 6 FN 2 24 PataEl Number Aftcx reoorchsig re turn to The Money Store/Packaging P.Q Box 160'128 Sacramento, CA 95816-0128 MORTGAGE 0087372348 THIS MO1tTGAGB ( Secunty Imauntenst ).s made this Twenty-third Day of November 19$9 hctwoen ncc Mortgagor Crystal L Zel 1 ner (hmin Borrower ) and the Mortgagee TXS Mortgage Inc dba The Money Store whic,li is orgmued and cxxs11118 unclrr slu: laws cif New Jersey and whow address is 1625 North Market B1 vd Ste 210 Sacramento CA 95834 (hero)n Lender 'l WHF.1tEA5 Burruwer is vssletftal la I.eudrriri llacpritwipat sutuof Thirty-Three Thousand Two Hundred and 00/100 I)olinrs (U s S 33 200 00 tnge;ttcf with UzterMt which indebtedness is evidencee by Borrower s ante dated November 23 1994 Itbe Not; ) providing for monthly mstalitrunts of principal rjul iaterest with the balance of the indebtexdness if not sooner pail due and payablr or December 1 2014 TO SL C RE to Lender the repaymcal. of the n+de:Dtedness vvjdemcd av the h A with trtterest thc[an cartct»toms And Iwn,-w?;11.t (If the lY;r nfailwit rif silt r,,ihrl' .;?.ms w11h arler M thesrnn arn-ance+sl tr. acrrtrdance with this Se?Yltv Instrument to prated the secuxtty of this Socunty Instriimv and the pexfom ume of the covestsnts id agtmtmms of Bormwer containtid m this Mortpge BorTOwcr does hereby mortgage grant and convey to t ender the followmg etscrtbed p:opcriy located snCt}lllberl and County Pennsylvania (SEE EXHIBIT A ATTACHED) betno the same property comnonty known as 517 North Pitt Street Carl isle PA 17013 ( >P arty Address j PENNSYLVANIA MORTGAGE 9709 0rxgsrsa2 - Ztecard MQU-1 PA Faye e ; 0087372 .48RIAG ¦ .r A!- . n.%- TOGETiJER with all tke irtiplOvelstt4ts now or hertaRe_ erected on the p(al)erty and all easeaiewts rights apIxitenannes And .eras rLU of which shall to deetneod to ae and retnata a part of ft propeny covered by this Security Instrument All of the forcgoing tagcthcr with such property (or Ibc lcASehold estate if tiles Security Wtrtirr -nt is on a leasehold) arc callers the Pimpexry B,oETWOr cotqMants L+iai BearrOlVer 13 ]mv:ully srasaid of the estate hereby conveyed and has the non to mortgage grant anti oo:tvey the Properq &W that the Property is unencumbered except fnr ericurnbraince;s of remd WaVwer ivarrartls and covenants that llormwer will defend geiieratily° the tl,'.16 to the Property against ai) claims WA aema a& subject to anc.ii branrxs of rtwrd 13urru+vvr fttr(lier warrants srlixrs?ents a+u1 covenants t1s ialira?5 i re*mcnt of Obacepatl oared Tutereest Borrower shall promptly pay when slue the principal and interest indebtedness and 211 otleme: Osrp," vade aced by the Note Funds for Tastes and Imurance. If regmred by Lender vd subject to applicable tau, Borrower shall pay to fender nn the day moa ffily payments are du under the ;Vora until ilie mote is prod in full a sum ( Fwrds ) for (3) veiny taxes MA assessments which ma)' attain priority over fts 5ectirtty lwwjnienr as a hen on the Property (b) yearly tcivehold paymwCS or ground rents on the. Prrpr:r. y ti My (r) ye-41y hiward or propedv insttl-aoie- prentiaens (ci) vemely ftond irsui-an= preinnuiis if any and (e) yearly Mortgage lastirattae pr(xt URS if any new items are called Es=ow Items bender may at zYy time collect and hold Funds in an amount nut to McCd ft MAIL :ntlil1 atrount a lender for a fedm1ly related tnonpage loan may require for Borrower s escrow accourn under the fcdcral Res Estate Scltlexicaft Procedusos Act of 197; as antendoc'lrom Igue to time 12 1: $ C. Seri inie 26171 or w.1 ( RRIVA ) unless another law that knplics to the Funds sets a lesser amount If so under -M at any tune collect and hold bards m an amount not to exceed the lesser amount Lender riiay estimme &P amount of Finds due an the basis of current dsra and reasonable estmutes of expenditures of future Em w Iterss flr otbetw;se in accordance with appiwabic law The Fun& shall be held to an institution wliesc deposits are insured by a fc vvd a vency ittstrurivntality or Canty (taclullml; lender if Levder is such an in'Mititwn) or in any Federait Hoiric Lmm Bank LenJ a sboll apply lhi: Futt+Js to pay the Escrow Items Londet- tray not charge Borrower for IwIdmmg znd applying the Funds :Mniially analyzing the esorowc' account or venf}ring the Lsunw items unle ss Lender paws Horrowor iumma on 0a R:nds and applicable law permits Lander Io inakr• sttth x cl]xrges Stiwevra vicler rnsy requite Borrower to nay a (vne tinic charge for an independent real estate tax reporting service used by Lender iii connection wish this loan unless applicaale law prov~des othem-ise Unless 2v agreement is made or epp(tc:ahle law mquuvs interest to ht paid Lender shall not be, required to pay Borrower my interest or mwngs or the Flands Borrower and Lender rimy agree in ?writing howmcr that ir=tcst sisal be paid oft the Funds Lender shall Zve to Borrowex withtiut charge an a-11111al accouining of the Fvntls xhowing cindtts and debar to the Funds and the purpose for which each debit to the Funds was made The Funds are pledged as addsttonal ttecttilty for all ?ums secured by this Smunty Instrument 1f the Funds held by Lerida cxoued the runounts 13c muted to be bold by applicable law Lender shall amount to Borrotawr for the exwss Funds m accordance: with the regour mis of applicablt law )f Wt iewimr of the.. I'mer3s bell b}' Leander aft my emir is sot sufrcivat. W pq the )Esuraw It.-mv wlinri due lxrnlrr shay so rurtrl'y Burrower in wnuag alb A. such erse Borrower shall pay to Lender the wwun( rtecessaiy to ttiake up rile deticl8tiey BOtTawier shift nix up the de:fivicncy in no rare (him Lw'eNe tttonlhl f payments at s: Adtar s sole discretion Upon payt mt. in full of all sum Ac cured by thik Security hair niw.al Lender a hail WoruptIy refund to Borrower py Funds held by Lawler If uruler Paragraph 18 Lzuler shall ere squire: ur sell the Proprrry Ltatdcr prdit l u the actlumiliO o or >3tte of the property shall apply anv Funds held by Lender it the lime of acquintlon or sale as a credit against the Suns secured by this Secun:y luet:umen: 3 Appkc-alua¢ of Ny'menis. All PRyr mT$s of larituapal and irurfest reined by l ends..iha11 be Hplrl Berl as provided t:1 :lee Nate If Rorrritve•r owes Leader any late charges or other fem or cimpes ( outer charges ) they wiR be paysbie ripoli demand of Lende: UWass prohibited by lain the appitchtion of pay7simits my be affected by the imposition of other charges Thcmfnm payrnentx of other charges whether paid to' Lcnde? m addition to the monthly payn= or separately will be applied in a mannor art file absolute discretion of the L hatT Rormwer agrees thst Linder may apply any payov-At Ty%R vcd under Parmgtatplis I and 2 tollim first to arauunts payable under Paragraph 1 or first to a aunts Wayabirr under paragrsph 2 1JUINSYLUAN A 01104TGAGp VOR Urzg2na2 - R&Wrd tlM2 2PA Pop 2 of 7 0087372348 15 65 na D 31 4 ('nor Mortgages and Deeds of 1tvA Charges, Lairs Borrower shall perform al': of ao-mwer s obligatirtas under anv inrirtgage deed rof trnsl or olhcr SeCtIlAy agn.'eirieait With a lien which has priority over this Security [n!jaun eta of arty tnetuding Borrower s covenants to make payments when d ue Borrower shall pay or cause to be paid alt taxes essesstmal f and other charges fans and mripositions artnbiuable to the Property which niay attatr, a priority over this Security Instrument and Leasehold payr= is or grouted Tcats if any S Iusurance RorrotL'er sliall kWP the Irttprovearie1tt5 now existumg or heirli ter erecEed on she Property Insured seatnst loss by tine hazards included wttl;m the term exttaidid coverage flood and eny other hazards as Lender may require iiom time to time and um sua (mount and for ouch pentads m Lender may require '(lye inseam:`e carrier prmidin? the utsutwwc shalt be chosen by Bunowcr :ubjeut w approval by Larnder prow-Aed tit such approval shall no.' be u=zionably wrilthek If the BorMWer fails to tiLittltaui the coverage descttbed above T.eidx rmy at its option obtain ODYCrage to p*_+Dtt7Ct its rights on :hc Prmparty iu t coordanec with I'ArAgraph 8 All msu:,'toce policies and renewals thcrcof shall be in a form aconptable to 1 cndcr sod shall niclade a St7ndard IMICIPAge Clause III &VI)f of HVd;, W a fume acueptuble to Lender Umdcx shall have the nip it to hold the policies and -enewals hereof subject: to the tRrrils of, any iyl dSap deed of ittut or oi&er hwurly agreement with a :yen which has priority um this Seway fnattnMem 11, any instira=e proceeds are amde payable to Borrower Bot=ower shall promptly pay such stnounts to Lender mcluditiS without Imutatrctrt the cndors=rj!: to Liwdcr of any pmcceds trade by cheek or other draft Unlem Lender and Horeoa'er ottterwxo agree rat WIM19 insuIance pMreC&S shall TIC applied iu resMalran Or itpatr of the AvVerty damaged nr the restoratton or repal: is euonamucally feasible and Lcider s $es-wity is aot Iesser.ed It ft rBStQra oii or reW. is not economically feasible of lxniier s socnrity wouid be lessened the mmra ce proceeds strain be applied to clue sutras swured bs' thus &XurtLy ltlstran'tCnt wltc`l= ar vat &,csm die will oily excess paid to rkirmwcs unless Lender and Borrower otherwise agme. in writm & any application of pimceds no principal shrJ1 tit extend or pustpunr the dac date of the monthly payrr_ents referred 0 in paragraphs 1 W 3 or shame cite attwums of tk payrnertis If under Paragraph 13 the Property is acgwmd by I.4cder Borioker s right to any insurance policies and pmcor:ds restdtrng, froya carnage to 1he Property prior to the acquismoit shall pass to Lender to tht: extent of the sums Qccured by this Seedrir_r [nctniaww inumhately prior tO :lie atiqutsairut lie provisions of this Par*Trapb S contxatung the p2571=t diaburseMMI sir appLlcatiorl of insurance proceeds shall apply t0 WY insurance proceeds covering the Property whether or not 411 Lender is a named imured tii3 the policy contun d martgaSd clause or (m) Leader hiss required Borrower toKramtaw the msurance Borrower authorrzes and directs aiy insiurer to list Leader as a loss payee (in airy laayrpent of insorauce proc e-e ir, upon leader s ruotitx to ,ustiatr of Lc [lam s _rileresl in thi` tiisutance proeoodS In the L- Vent of loss Borrower "I gave prompt notres to the instira-hM can:e° and Lender Lender may make prwof of loss :f nor made promptly by Borrower If the Property ns abitadoocd by Bormwcr or if' Borrowr farla to respoi:d to Lei.der wtthiit 30 day's fro.a the dale nonce is mailed by L=der to Bo.mma that the insuran a oxner offers to sett3e a c:atm for insurance lti=e ks Lend* is anti'-USSZtd t9 CQi1rGCS aid apply the inntm-m. pamtxds at L:,nder s option etcher to tesifltatwn or repair of the Property or to the sums soetircd by thts Seauitl; Ina aiM 6. Prearrm(wit and Marmtenaace of ft-operty• )[x9seholris Condomirnums, Planned Unit Developrtietus Borrower s;hOl beep the Property m good repair and oc41 not co:i)1 E nor permit wssto or impairment or deterioration of the Properly Sorrows shall not do amtliitig affect.ng the Mperty t m is m vsolatioa of stay law oidiwnee or govt?suncnt reguMOR applicable to a reside ritid property, imd Bormwer shall comply with the provisions of arty lease if tbut Sa.t:rtty Tt_SttUnkr t IF on a feasdiokl Ir L'iis Smurity InstmrntV111 is m r. trine m r. ctmdtatriniuin or a planned unit development Borrower sbafl perform 211 of Borrowers obligations under tw dedarauon or come emits creating or gov rung the condomnniurn or piarnied unit dt vetopmett the by laws tad re.-Wmium of the condommiurn or plm>led tout. developraent and const ment documents Un!exs Lend" a,id Li(yr over otherwtsc agirc -.*t wzung all awurds pavmmts or judgmints t?m kidmg tntctesi thereotn, for any ipaurv to or dccrease to the value of dic Proycrty rx'cctvcd by BarlU-Asir will lic used to restorc die Proptuy or aw ied to the paynmi of 5tiittS secured by Viis Secunty Instrument whether or not then due with any eons os,d to Borrower Unless Lender anti Borfowcr oth"isc agree: in writing arty application of procedds to prjwAp4 shall not cxwnd or postpone the dt:e date of the wouthly payments mfierrc . to r, Paragraphs 1 and 2 or change the mmunts of the payments Tic rower- agrexs ltrti tit tine evrui mi: award payment m Judgment includes cmnpmsabun for both injury or dwxcase m the value o, ilne Property and compemattort for say, odwr mftiry or loss tho total amount of such award pa}'ment or judg wnt PENNSYLVAN A MORTGASS 97c* Ozi g-z'ial - Record M1DD2-3PA ?s Page 3 a 7 p0t,l<1585 P*mi032 0087372348 shall he d, crud c omlicnsatton with respect to fhc Property and Hower hereby oonsents to Lender s inten-entiou into any proceedings reprding tlic Property 7. Loan Application Process Borrower shall be in default tinder [his 5bcur ty instrument If Borrower dutrng the loan application pmoess gave matenalLy false or n3=urate -reformation or statcinents rp Lender (or failed to provide Lender with oily ulaterial lnforinatiou do-wily bearing, on Lender s dw- sson to extend medit to Ro: rower) In cornuCChOn with the loan evKl=ed by t7w Note B. Proteetjov of ]„eidleir's Rights in tho Property. If Borrower ,ails to perform the covCaants and agnC.ments ODntatnod »t rlas Security Instnument nr these is a legal proceeding bat may significantly affect Lender s rigbm in the Pmpcily (suph 85 a pmeedizig in bmiktuptcy probate for eande bon forfeutune or to onfm m laws or regulasions) chin Lender may do and pay for 1tlawet is accessary to protect Lac valve of the Property surd Lender s rights in the PmpeM Lender s actions may include pzying any stuns seeacd by a hen wheal: has pnortty over this Security instrument appearing 'a court PAYiag r+-asrnaWc otteroeys fers Pr.J enrerrng on the Ptoperty to ovIe -eparrs or abate mnsannes Althougli Lender may take Wunti under chit PaiagrApIt 8 LcrWcr doe's fn7t 1%4vv w dU w 'Me vest of ,l.errder ro profw Lender s rights rr rile Piopcrry shall include the right to obmru ar Borrower s expense property inspections cmi)t rWo.,is appntrsats opinions of value or btaer expert opinions or reports unless prohibited by law Any amourim rishammed by Lender under this Faragralih 8 shall berme additional debt of Borrower secured by tt is 5ecunty lnsrrarnent Unless Borrower ant: Lender agree to other ter m of payuasit th SC suuwaLs shalt btar iirtcrest Lq-uu ale date of dnbursenneat at the Note rate grid aball toe payable with mtwest upon demand of gender Tim Borrower s obligation to pay the amounts advarbed by LA-&r under this Paragxaph 8 shall cotmaue :n tilt fr)Dpe and ef'fnet ever the entry of any lutl,,rrncnt m mortgage forcclusure or ajudgmerd or. the Hole 9 Mortgage Iuuranee If Lender requawl mortgage 11Smurance as a Condition of mak:ug the than secured by this Security instrument Borrower shall pay the pr-cr utrns ,required to maintnn the a*isurance m effect until such t= as the yegurremenr for the insurance te-minaus to aoeordwCC with Borrower s and Lender s Written agreement or appiieable law 10. lnspectxon. lender may make or ;gust to be made reasonable extries upon and iruWutto;ur of the Property, prcmrded that Lender shall give Borrower notix poor to any such inspection specit3mg reasonable cw:,e therefor as related to Lender s mterast in the Property D CondwWaRon no preceeda of any award of ,cJ&m for damages Guect or conseWenwil rr eanrieetion wuh any rondemrattcn or other taking of the ProreM or part thereof nr for cooveymce in ]yeti of oondemna[ion are hereby assig led and shall be paid to Lender subject to the terms of any fmAgage dcea of trust or other smuty agreemone with a inn wh cb lras prinuty over rifts Smirity brstmnierit in ttic event of a total taking of the Property the zmoceeds shall be applied to the surrey &=red by V us: Security Instrutua:t whether or not then due with any excess paid :o Bormwer in the event of a partial t*igg of the Pmpeny in which the Ibair rmirket value of tt'.e Propzrty imr Wiately liddr+e the taking is equal to or greater than the amomit or the sums seCUred by this Security lnrirument ivnrrier112fely hefryre (hetaictng unless flsmawer and I ender n1her rift agree to wntmeo the sums Sdl'rtrW by Ibis Setwlly 1114WUincot shall be rdciaced by Ow:uiimmt of the procenuls ituultiplied by the foilciwirug fr2C[LOt1 (a) the total ammm of ,he sums secured :mmcd[ately before the taking divided by (b) the fair micket value of die Property iinriwdratefy t0orc the taktug Any balance sbatl be paid to Borrower In the: event of a partial taking of t,9e Property 111 ,xficch the fair r.wrlcei value of the Pnrpcrty lmmcdiEtCly before the taltcng 3s less than the a*nount of the sums secured immediately before the taking unless Borrower and Lander otherwise agm m wntmg, of unless applicable law c+rktra?vlsr prov-.des the proceeds shall be applied to the sums secured by this Security Instrument Whettjer or nut the sums are then {lire if the Property is obandoned by Borrower or it after notice by hander to Borrower that the condemnor offers to made an award or settle a clean for dntnagos Borrower fins to tespond to Leader within 30 days aitear the date the not[Oe is gtver? Ix7uJlr rs auttror:utd lu twilec•_ and apply the proceeds at us astton ettller to reltorario;t or repair of tlln Pirlierir of the sues sccurwl by this Security Instrument whether or not then due Unless Lender mod Bomowcr otherwise agzCC in WrITar19 any applieation of proceeds to principal shall not extend or prstpone thL date date of the montbly phymcnts rdcrrod to m Paragraphs 1 said 2 Or cbmige. the amount o' st h paymcnts PENJOYLVAN A tYtt RTGAOIE 3709 Or2912na2 - Record ILM02-4PA v,? e a 7 0087372.348 ?ou??5?5prb?#.03?1 12 Borrower Not Beltrt wd, Forbearance By Lender Nut a Wwwor Ameptaum of &rtial 1P+irnmul Extoiston of We tittle for payment or rrwdi ication df airiorti2att0111 of the sims secured by this Security Ih Eturnm granted by Leader to Barrom,ver or any SU XWOT In lntetESt Of Borrower ahall no. operatic :O release in any iDatmer the ltabitay of the original Drnmker and Borrower s sucecssom tm interest L cader sba31 hot be required to corflnsence arocaximgs agasnst swi sLi0t:esscr rjr inay 7cfuse to mimid luuu forpaytrunrl jr ut1_rrw>`c nu>di4y m= =Lion of khc struts secured by llus Sc unty li sinimm by reason of a»ry derrmtd trracli+ by the on_4mg! Borrower and Bor.-mur s suconscirs in mct.•reat Any forbi:airsnce by Lender on one or more occasions i4 exerejew.- my sight or remedy hermRder or otherwise aMided try appitcable low shall not be a waiver of or prec-Tulle the later elrcacrce of that or any other trgbi or remedy Lender awl, Hm pt partial paymcnls rram Borrower willioo, wittmig ur forbcwnig any of its nwhis tuulcr this '. Setatnty Irstruni?rtt or under the Note even if such payments are notated as a payMeut in full or witli a ti uttort of similar mewing 13 Sbtaoiessm and A sagns Bmmd..TojM aril Several Liab'ilrty: signers The Linens Md agmerrients herati contained shall bind and the ruts hereunder stall ilium to the respective sncoessort. end assigns of LAr:der find Borrower subject to the provisions of Parfigmph 17 hereof AR wvenitms and agreements of Borrower sbatl be lairt and several Any Borrower Who SIPS this SNCUMV Instrument but does uet execute the Now (a) is signing ibis Security lutrurnert only to rirnrigal a guilt and convey rhal Borrowet s interest in the Pmpetty to Uvdrr milder Zhe Lerins of Us Security InslrilLneut (b) is not porsortally liable on the Mote or under this Stetmty'Ti suunwat and (c) :19119 31 shat Lender =A any other Borrower may agrae To extend iiindity to rbear or mak-t any s, avorrunodations with rCgud to the terms of this Swurrly Instrument or the Note wr htmt that &-)TrnW T s consent 14 Notice Except for arty ncittee required tinder Apphiczble law to be given in a-iother martrier Lai any nonce co Borrower pmided for in this Security instrument ahall be given by delivering it or by mailing such notice by first visas mail addimsed to the Pmpoty Addrem or no such other address as Bmm wca ntay datigeace by notice to Lender m mimed hercm and (b) any notice it) Lender shall be gLyen by first class`matl to Lender s address stated lienem or to such other address as Lender may desigwe by notice to Borrower as provided herein Arty notice provided rot in Vi s Security Ingrart7ettt ahait be doemed to have bun given to Borrower or Uader when given m the ma mer desigriatod bexerri 15 Goverrung L7w, Severnbtht} The state and logy d laws apple ab:e to L}ns Security 11Wrt:mtML shall br. lice laws of :he jur%diLuon in which the Property is torartad The foregoing sentence shall not limit the gpolicabili:y of foderal law to this Security TDstrument Ju the event that any provision or clause of this Security IrnstrummC or the Note cio:ifltc:s with appL able law sticb coinlict shall rot affect other provisinn; of ihis,Swurity Nstrument nr the Vnxe which can he given cffcct •sithout (k Cordlwous }Trciatsivm, ruin to thus end, tint: provisious o this Set;rrity Instrument grid the Noce are declared to be severable AA used Herein costs rxperiscs and attonieys fees trlclude all sunis to the ext€m not prohibited by applicsbte t.m• or lhmth;d ha= 16. Sgrrowals Copp Borrower shall bc furnished a copy of the. Noic acrd of ibis Stx;urjiv IDstrur-icni A the tintr. Of excacuticm Or after recordation hereof 17. TrmWcr of the Property err a Bendnctah Inter e* in Borrower. If all or any part of the Property or any interest in it is sold nr trartsfirrrcd (nr if a henzfichal interest in Borrower is sold or transferred and Borrower rs not a natural person) wixb mt Letirler s prior vu-num consent Lander may at u option require unmedhat,e. paymexri m full of all stntL sic ured by this 5eClirrty Instnmbent However this Option shah not be exercised by LendeT if exercise is pralt baed by ftd ml law as of the date of this ScLunty Tnstrumc•ot If Louder exerctecs this option Lenoir shall gire Borrower notice of weelcration The notice shall provide it Pend of 1101 lesS than 30 days horn the date the notice is delivered at mmled within which Borrower must pay all sums mcured by this Security In,trLurierit If Borrower fails to pay rhme sins prior to the expiration of this pertnd Lender may invoke any minedics pcrttuttsd by this Security lnstrtinxut witwn. further notice or demmid on Borrower 1s Aeceltratioet• Hemedtes Except as provided tit ` iiragmpti 17 btemaf upon Borrower s h;eaai at my caveman: or agreement of Borrower in ihls Sectnty 1nsaiuneaE includuga ttre covenants so pay when: due any suns strcur d by this Secun:y lnstrunma Lender prior to aacelantion shall give nonce to Borrower as provided in Paragraph 14 hereof sptwityirg (1) the PENNSYLVpNAMOR7GAGE aroe QZ-154na? - Record MM-s PA Page i G 7 0487372348 C_ ? smi,585w4034 brcmh (2) the action required to cure such breach (3) a date wt !ess tba i 30 days from the gate the tlemce is Twiled to Boii,owe:r by vvhicb suc;li breach must be cured and (4) that failtuv :o Burt: such brtath on tir Mon: the date Vtoufed m thlr nottee rusv result to accelerut.on of t7tt3 semis smcumd by this 5ecrlrtty Irtstrw-nent or foreclosure by judicial prooseding TPw notice se.all tiuthw inform Korrower of tht; right to reiratzun this Security foatrutnen t after acceleration a¢:d the fight LL) bring x wait itexion or in aswLl tit th-- judicial pmeeedtng the noneatstenoe of a default or any other defewe of Borrower to accoleratton and &armlmr- if the breach' is not cured on or become the date spixTified :a :he notice Lender at Lender s option may decLJ= all of ire Sur m Socared by this Security Fnstcuruaw to be imirwdiately due and payable without furtlt'ar deuiiand and may faro close this Security Insinneait by judieW prneeodittg and &ny o'dter reau dies perritined by arifilim.Vc law LcidCr shall be t ntitled to enllsct all,^ expenses d frirrec:Josi:re including. but not linuird to reason able attorneys flees ocan cogs and posts of dactrt'neawy ewderice abvxams and idle rrgptir'ts cvtm if the breach is cured pour to the completion of any foreclosure Borrower Urms that 11rc interest rate payable crier judgiricnt to entered or, the Note or to an actton of rnarctgage foreclosure shall be the rate payable from route to tune under the Note 19 0arreweu s 1t3ght to Reinstate Nozwithstanedmq Lender s acceleration of the sutras secured by this Security Instni Wrt due• W Borrower s breach Borrewcr shall have the. right to 5nvr: any proccodings begun by Lender to Gnforce this Sei-crnry IMmi lbUlt. i1e6COi)tilu!ert loth to one hoar prier to sale of the Property if (a) Borrower pays Lender all stuns which would be then due under this Security hnstrurnent and the Note had no uxxleratwn ens.'u*_red (b) Borrower cures all brrwbn of any other covenants or agreements of Borrower u>ruarcied in this Secarny Instrumelm (e) Borrower pays sEl reasonable attorn,?Is tilts trust= fees and ootiA cos snit (d) Borro"r takes such action as bender may reasonably require to nssurae that the turn of this Sceunt} Instrui+iry+t Lender s Interest m the property 23rd Borrower s obhsatmn to pay the sums MCUMd by this Ser u*_ity Irt?trunww shall CUlrtinae. unia.pxtred Upon suclr payzoeue arul uaril by Ho,mvovz ties St7Curily hrlstrurneut and the obligguons secured hereby shall re>rmn in fill fbice and effect as if no acceleration had occurred This ridi rat reinstate sMi uoc apply however JA the case of aefelat..tiof. purstioAt to Patngraph 17 20. A-swgummi. of RWltts; Apprmatment of ReStftrw'. As addAlonall Se+CNCity liefz.air3er Sur;axe: !Ie cefay ac,tgas to Lender the rears of the Property provided that Borrower aha?t prior to aceelemnon tinder Paragraph Is betrof or abandor tnent of the t'roperty have the right :0 Ct UCt and retain such IL$ta as they bwonie due and payable Upon amelei•atlon under Paragraph IS hereof or ahalldonromt. of the Prapcrty Lender in poison by agent or by judtc;all}, 11jTo1nW- receiver shall be rmirlerl to eriler Uptm taus: possessuau of raid mana,gr 11u, Property and w cullext flit re w of the Pmpeny tneludiag thaw past dote All rettca collected by L i nlder or the racetrer sU i be applied Him to payment of the costs of lmanagtanent of the Pmpony and ooltecttor. of rents including but not limited to recetvea s fees prenumns on mceivcr s bonds and 3vmondDlt. atteracyz fees and 1heii to the sums secured by this Secunty Imirtn>;+"nt Lauder and the rteceivzr'shall be Itable to uo:n uirt unly for thrust ants wtually rect°YeYI 21. 807ardous 61tWixinoes. 1orrower OWL not cause or permit t-tte presence use disposal storage or release of any' 11s?a?rlplrS S hm-rxes on or to the P rTcrty Borniwcr shall not do oar allow atrponc chc to do anythirs affectme the: Peuticlty that is ILI Violation. of any Envu•omner_wl Law 'The. precedtgg two sentcuces shal? not apply to rh: prersencr use or storage on the Property of small quantities of fiazalydaus Substances that are generally n=gmzed to be appropriate feu normal residential hies Atha for malntmarcc of the property Borroxvr shall pfonVtiy stir i.x ndcr written rcottoc of any investigation c;aim dcnmad lawsu r or Acr action by any guvt;rtl3rl1r11ial of rtxaiatuTy 84%ency ar orevate pally involving the Prnpe:ty and any Aa7zrdmix Suhx_anec s,r Eavnroeiriental Law of vrtuch Borrowet has actual kno%ledge If 13ommver learns or is anuf.ed by any governmental or rogu all ?,nthtrriiy that any removal or other rrriiediation of aWy JJWardons SUbstaace Effecting the PropWy is neCesasrg Borrower shell promptly tape: all nece awry remedial t ette`us iii acwrd ier with Eavimiunental Law As used in 111).1 Paritglauk 21 Tla7ardoux Substances xm those suh5ta ees &fined as tnxte or hazardous substantxs by Enviraam mat J rx and the follawmg Substances gasoline kerowne other 42MFmble or wxic Petro:Turn produLts to= pesticides and harbrades volatile ealvents mg.rk* contaitung asbestos or formaldehyde and F34102Ctive rriaterials As used in this Paragraph 2l Ertvitonrriental Law" incans federal laws end laws of the junsdiction where the Property is located that selaoc to beFlth safatty o7 catviromultcntal protccaon now 4,565P40E10 35 PENAESYE_VANA MORMACiE: 9me 'J.ra_girzetl OI+GT M002-6PA P{c60 7 0087372348 22 Release Upon payr:ltnt of dl aurns srarured lyy rhts Soc;anLy InstrwwV Leader shall release the Sewrcty lustntment Borrower sheii pay any release tees and costs of recordation unless applicable Iaw provrd. othuxtittise 23. Futchaue I kaq MwIgage If 231y ai the tksht H'Amyed by this Se•uTSty Instramrat is teat to BarnsNrr to w%pre title to the Property ibis Security instnam, ent shall be a purrAtase mosey mortgage BY SIGNING BELOW Borrower accepts and agrees to the terms and covenants contained m ame Seranty tastrtrrnerlt and to any r.dea(sf exemed by Borrower and recorded with a ti V l ^ 7`t-°al) ISaai) Crystal zeiin t •Botsowci •Softwer (5;%)) Rormwer (Seal) Certificate of Rendenee I do hemby ce utr that the correct addtess of du; -,vjt0 i, uairutd u, x:rr is 1625 4orth Market Blvd Ste 210 Sacramento CA 95834 Witnass my hand this CUMHONW 6ALTH OF J'1vV VSYLVANIA day of' . .n?D L Ol'-?'t Couril}' W. ApEt oflandar on this the dq of /? 0 J Z e ,,, ? before me the onderssgruW o+'cic er Personally appesxt4 knOWn to rno (or sattsfat:tonly prover:) to be the person(s) whose na=(s) subsunbea to [he wttluri M2LruarWut and a::knawludged that eaecafe-tl. for the purpowl h r in ooatatnetl . ` ' ? u u or ! jimiu to set M htmd and o?fic? dear /??~~"?? ?- Sawa Gas r. Awe F1 Fib"Mlok 14mirptil Al ?rffif +? G ?i: 80Uritfi0011tEnTNp CInJlltl4 YSt.'Ot11. _ J`J f e,(, Y - r14}?•ON7MIi6iRif7?111ES t'•tlb 'tom -of bit-cur FENW$YLVAIVA MORTGAGE 0% Orsgsr_ai - ?2?Cara FA002-7PA 0087372348 ..w.v4CQSn.nr-l 01P .j aw" EXHIBIT 44A5' ,u,1L,f FIAT PARCEL OF LaIN•D LY CkRMS1,P 00JU ifG1'I cuMOEIZX AMD COL17NTY STATE of Pr..Ntifi,'I.VAh-[A_ AS i4T[7Tt7r RT:l.i.YAT{.SC:Rt(3RT) fnTT)F.Ft) iif1C1K 151., pF1f;ES 3 TDU 66.2D-1?98-457 BETNNt; F.,NON9N ANT} I3T,f,I. HATED AS 2 TMCTS BEING MORE FULLY DESCRIBED 1S METY-S A[Vb BOUNDS P&CYPERIV b ua)11tUM RICHARD W DUTREY AND MARJURTE li l11,!• AKY kIUSUA.y1) AND WIFE AS SET >'CIRTTI INDEED BOOK ISI PAGE 583 DATFA 1212316196 AND RECORDED 10114124997, "-1•' ?.1 1'jMTSF..R1. IND C:01TiiNTY *RF-I OR(IS C-CSi??'.?9IDNW.F-4LTk3 Ox.P)rNV.'5YLVAiSilA. (A" •?v V ' w IP•. A l- l 'Cjiif f?a •y 45 1 `` I '. rJ 4 N { 1 - dp • - •'4 a? • sI'- ?'?Y (•' k1h 1 15R5 ma llVll Exhibit "D" 4828 Loop Central Drive Houston, Texas 77081-2226 TM Litton Loan SeTviCing Telephone 1-800-247-9727 Fax 713-960-9561 www.liftonloan.com Payoff Statement Send to: Richard M Squire & Associates, LLP Loan Number: 7940125 Borrower Name: Crystal Zellner Property Address: 517 N Pitt Street Carlisle, PA 17013 PSV/INV/Pool/ 113/111/2000002 Loan Type CONV FHA/VA/PMI# STATEMENT DATE: 4/3/2008 INTEREST PAID TO DATE:07/01/2002 GOOD THROUGH DATER/30/2008 INTEREST RATE: 0.1155 "This payoff quote is not valid if the good through date is in the past" This statement reflects the amount needed to prepay this mortgage in full. Only cashiers checks or certified funds are acceptable for final payment. Monthly mortgage payments should continue to be made in the normal manner, as the fact that the loan is in the process of being paid in full does not affect the responsibility for making scheduled payments. Interest is collected to the date of the receipt of the payoff funds. Please allow for mailing time. Any funds received in excess of the payoff amount will be refunded 30 days after the payoff date. Excess escrow funds are refunded 15 days after the payoff date. Interest Due $20,679.6 Recording Fee $30.00 Release Fee $100.00 Principal Balance $30,693.2 Corporate Advance $13,250.23 Escrow $9,914.50 Total Late Charges $1,652.40 Total Due $76,320.02 If paid after4/30/2008please add if applicable IMONTHLY LATE CHARGE 9.44 PER DIEM INTEREST F$$SI.71 GENERAL ACCOUNT INFORMATION ESCROW BALANCE $9,914.50 SUSPENSE BALANCE $11.68 P&I $388.89 MONTHLY ESCROW DEPOSIT $33.41 TOTAL MORTGAGE PAYMENT :422.30 ESTIMATED ESCROW DISBURSEMENTS DUE DATE AMOUNT F/P H/O 12/30/2008 $352.1 Our payoff amount is subject to change in the event that any additional charges become due, which have not been included herein, or if any of the payoff figures provided herein have been inadvertently miscalculated or omitted. 1743048 06L8-988 (S I Z) 917O6l Vd `UMOIUixuaf t,OI 31mS `anuanV Jsarn S 11 u011nlS Umojulxuaf auO all `S3.LVI30SSVV V :IHIfIaS *W CrdVHaI2I 3jinbsg `xxeID 'f IanuaTW IDVINOD HSVH'Id `HDILON SIHI DNIMUDNOD SNOI.LSTIO ANV AAVH f1OA 3I kmlouogload •2uipa3ao.id anogia aqj ui nof, jsurefn padam uaaq stu jinujap Xq iu;DwOpnf r Inul paidtlou )Cgaaau are noX `piurinlXsuuad Jo linoo auxazdnS oqj Io 9£Z aIn2I of luensind £t,981 Vd `uoIsIIid IaalIS UUV 91 31JUID 'W puotuKtN :O L Hallo N '.I.NVQNgdgQ `£J798 i Vd `aoIsUid siundnaaO umouxu fl IIn/Xuu pun 011VID 'W puowxu-d INHW13afa Ni NOLLDV TAID LOOZ-SSOtb :'ON IH'XJOQ VINVA'IASNNgd `A.LNf1OD HNUHZf l'I SV3'Id MOWWOD dO lWf1OD FIHI NI n `ddI mv-1d `as.moaaX inoujiM `£OOZ `I loquranoNIo sL paILIp Juauz33JOV 2uiain OS ay ??utjood auk npun I I-£OOZ sauaS `sajnagivaD gBno U-ssnd pa3ang 1assV ` oul saiiianaaS aft,-OijoW jsanbuauzV jo aalsru j sp `XuedwoD Isrul InuoiinN Treg awsinaa 9t,061 Vd `UMOIU9Iua f b0I almS `anuanV JsaAk S I I uoijnlS Umoluniua f auO 6Z6ZOZ /S9198 / L9ZVO 'SON QI azmbsg `?i•Tni? 'f ia?uaiW aambsg `uuwpaa id ,Co ,L • W aunbsg `winbS -W pjugoi, JJIIU!BId a o 3 sXauJOUV D I l `SH LVIDOSSV V 3HMOS 'W Q2IVHJI'd Corporate Advance Detail/Breakdown Transaction Description Amount Date 10/3/2001 Prev. Servicer Expense $3,275.87 12/1812001 Inspection Fee $8.50 3/11/2002 Inspection Fee $8.50 411/2002 Inspection Fee $8.50 8/6/2002 Bpo Fee $95.00 9/20/2002 Inspection Fee $8.50 912012002 Inspection Fee $8.50 11/20/2002 Inspection Fee $8.50 12/11/2002 Inspection Fee $8.50 1/15/2003 Inspection Fee $8.50 2/21/2003 Inspection Fee $8.50 416/2003 Inspection Fee $8.50 4/29/2003 Bpo Fee $125.00 612712003 Foreclosure Costs $200.00 6/27/2003 Foreclosure Attorney Fee $475.00 712112003 Inspection Fee $8.50 8/22/2003 Inspection Fee $8.50 9/30/2003 Foreclosure Costs $1,515.00 9/30/2003 Foreclosure Attorney Fee $1,225.00 10/22/2003 Bankruptcy Attorney Fee $150.00 10/2612003 Inspection Fee $8.50 11/3/2003 Inspection Fee $9.00 11/1312003 Expense Credits ($499.34) 11/13/2003 Attorney Fees $300.00 11/13/2003 Sale Costs $1,500.00 12/30/2003 Inspection Fee $9.00 1/15/2004 Bpo Fee $100.00 1128/2004 Inspection Fee $9.00 4127/2004 Attorney Fees $350.00 6117/2004 Title Costs $75.00 6/17/2004 Service Costs $125.00 6/17/2004 Filing Costs $15.00 8/24/2004 Inspection Fee $9.00 9/23/2004 Inspection Fee $9.00 10/1212004 Bpo Fee $100.00 1113/2004 Inspection Fee $9.00 11/9/2004 Filing Costs $150.00 11/9/2004 Attorney Fees $550.00 12/16/2004 Inspection Fee $9.00 3/30/2005 Inspection Fee $9.00 6/17/2005 Inspection Fee $9.00 aambsg `jiujD 'f jautjoiW 3ZZ `S3.LVl30SSV 7Y HWIfl0S *W Q2IVH31'H -satjuotjlnu of uotjtogisjul tuomsun of futlujat V06f uoiloaS 'S'D 'td 81 Io satjjtuad 3T of joafgns opuua st juautajtjs sigl £V981 Vd `uojsjjid `IaazlS UUV 91 W s3pis3.1 put alt Io sJua? 81 JOAO st 31MID -W puotuSu-j `jutpuop(l jugj (g) 'papuaum st `06I Io ss3a2uOD 3o joV Iatja-j j!AID ?saojitS put ?SJatpjoS atjjIo suoistnotd atjj uitjl!m asiAU3 jio io `satjjV sIi Jo s31PIS pajiufj atjj3o aotntaS junuN .to' tMIIHW 3111 ut IOU st 3IM' D -W puouzXMd `jutpualaQ aqj jtgj (u) :IIM of `sloul sulmolloj agjlo OSp 1mouij suq atj `3aijag put uoijtuuolui uo jttjj put `xajluut pauoijdto-anogt atjl ui jpurejd aqj .tol Sautojit si atj It'gj saguan Xgaaatj `aambsg `Naujo 'f jautjoiW H3IAUgS A2iVI IIN-MON 90 NOI. V314H21A °.L?IVQNH.IHQ `£t,98 j Vd `uolsllid loops uuv 9I sjutdnooO umou)pfl III/ Cut put 3*11BID -W puoulf"md .I.NHWIDWR NI n `d3LLNIVId NOLL3V TAID LOOZ-990t,: 'ON LHNDOQ VllNVA7ASNNHd `A,LNa0D HNINU I I SVH'ld NOYti WOD 30 LdflOD HH L NI `asanooa-j jnogjtm `£OOZ `I aaguzanoNlo st polup luow;DziSV ButotniaS ag 2uijood atjj japun I I-£OOZ sataaS `sajuogtjjoD uBnojq j,-ssud pa}joug jassV `•ouj satlunaaS AvBpoW jsanbuotuV Io aaisrul st `XuudwoD Isnil jtuotjtN ljuug atjosjnaQ 9t,061 Vd `unnojut3jua f b0 I altnS `anuanV jsaM S I I uollulS uMOju13juo f auO 6Z6ZOZ /S919 8 / L9ZVO 'SON QI azmbsg `)jjvjD 'f jaugo!W aambsg `uuutpaaz3 XoiL -IN a.unbsg `oimbS -W pjtuotd :Xg Iltjuitjd aoI sxautojlV DZZ `SH LVIDOSSV V aNiflos 'bpi OXVHDI'd 6/22/2005 Bpo Fee $100.00 8/23/2005 Inspection Fee $9.00 10/2412005 Inspection Fee $9.00 12/612005 Bpo Fee $100.00 1/3/2006 Inspection Fee $10.50 3/30/2006 Inspection Fee $9.00 5/19/2006 Bpo Fee $100.00 6/30/2006 Inspection Fee $9.00 7/27/2006 Inspection Fee $9.00 9112/2006 Attorney Fees $537.00 911212006 Sale Costs $2,000.00 9/25/2006 Inspection Fee $9.00 10/24/2006 Bpo Fee $100.00 11/17/2006 Inspection Fee $9.00 2/9/2007 Inspection Fee $9.00 4/30/2007 Inspection Fee $11.00 612712007 Lsam Recoveries ($12.30) 7/20/2007 Service Costs $8.50 7/20/2007 Attorney Fees $450.00 7/20/2007 Court Costs $21.00 7/2012007 Service Costs $2.02 8/25/2007 Property Services $11.00 9/10/2007 Foreclosure Costs ($481.52) 10/16/2007 Bpo Fee $92.00 11/27/2007 Court Costs $35.00 11/2712007 Service Costs $8.50 11127/2007 Attorney Fees $550.00 1/19/2008 Property Services $11.00 2/26/2008 Bpo Fee $100.00 3/18/2008 Foreclosure Costs ($43.50) 3118/2008 Attorney Fees ($550.00) Corporate Advance Total (from page one) $13,250.23 xinbsg `)jmjD 'f Ianuoryw aZZ `Sa.LvIaOSS,' v aamo5 *w crd vHxH LOOZ IZ ,?nW :31BG 998Z6 VD `00u810 `ZOI 31mS `jsaA ?C7amjjvd,?IiD SOS st `ijtlutnld3o sso-im, 2utiinm umouii Isni auI pun ` £t,981 vd `uolsIlid laaJIS uuv 91 si `31mlD 'w puouiAng `lunpuajaQ jo ssaippu Buillm umoux isni oiil ing1 Xjjvoo Xgaaau `winbsg `)i.inlD 'f lantloiw `I SSa2IQav NMONX .LSv"I AO NOI.LVJIAI.Lld3a iwaNaaaa `£t981 vd `uolslj!d .I.NdV IDafd Ni NOI.LDV 'IIAID LOOZ-SSOt, :'ON .Lg?IDOQ VINVATkSNNdd `AlNf10D HNNgZf17 SVIld NOWWOD 30 lldf10D RHI NI laoils UUV 91 siundnoo0 umou}iu fl IIn/Xun pun axaulD,w puouzA'd n `ddIINIVId `osanoo321 jnogjiM `£OOZ `I .iaguuanoN JO su p31np luauiaaa 3V Buioin ias V 2uilood aui .iapun I I -£OOZ sauas `sajno!jruaD g2noj1 L-ssnd p pug 13SSV "MI soijunooS 3-201aoW jsanbuoLuV jo aalsrul su `XuudtuoD asmi luuoi}nN dung aiioSMG 91,06 I Fed `unnolul3fua f b0I alinS `onuanV JsaM S I I uotinis UmOjutxuaf au0 6Z6ZOZ 69198 / L9Zt O 'SON QI azmbsg `j.iujD -f Iasi{ tW winbsg `ueuxpaaz3 i(oil .W aimbsg `ai nbs -W paniioi, :fig 331jutnld Joj sxauzolly DZg `sFIJ VIDOSSd V gUMOS 'W (INdVHJI'd Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 for Plaintiff HomeComings Financial Network, Inc., PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE MEMORANDUM OF LAW Plaintiff s Complaint in Mortgage Foreclosure was filed on June 25, 2001 as the result of the chronic failure and/or refusal of Defendant to make, tender, and/or deliver her monthly mortgage payments. On or about July 29, 2002, the Honorable Edgar B. Bayley granted Plaintiffs Motion for Summary Judgment resulting in an in rem judgment being entered against Defendant for the sum of $37,386.63. See Ex. "A." Thereafter, Plaintiff caused Defendant's real property situated at 517 N. Pitt Street Carlisle, PA 17013 ("Property") to be listed for Sheriff s Sale on multiple occasions, which Sheriff s Sales were stayed by virtue of four (4) bankruptcy filings. See Ex. "B." Since the date of entry of default judgment, Plaintiff has incurred additional fees and costs by virtue of Defendant's continuing failure and/or refusal to make her mortgage payments, for which Plaintiff is entitled to reassess its damages. Specifically, such costs include, but are not limited to: fees and costs associated with the four (4) bankruptcy filings; additional fees and costs associated with this matter; additional late fees; real estate and school district tax advances; property inspections and BPO's; and/or property preservation fees. All of the foregoing fees are payable by Defendant pursuant to the terms of the Mortgage upon which this action is predicated. All of the foregoing fees are payable by Defendant pursuant to the terms of the Mortgage upon which this action is predicated. See Ex. "C," at §§1, 2, 8, and 18. Plaintiff desires leave to reassess damages to include the additional fees and costs which have accrued and accumulated since the granting of summary judgment and which are set forth on its Payoff Statement. See Ex. "D." For all of the foregoing reasons, Plaintiff respectfully requests that it be granted leave to reassess its damages for $76,320.02. Respectfully submitted, RICHARD M. SQUIRE & ASSOCIATES, LLC Date: April 15, 2008 / /'-V By: M. oy Freedman, Esquire ne Jenkintown Station, Suite 104 fi 5 West Avenue Jenkintown, PA 19046 215-886-8790 Attorneys for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff HomeComings Financial Network, Inc., PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, M. Troy Freedman, Esquire, hereby certify that, on this date, I served or caused to be served a true and correct copy of the foregoing Plaintiffs Petition for Leave to Re- Assess Damages, Verification, Rule to Show Cause, Memorandum of Law, and proposed form of Order upon the following persons via simultaneous regular mail, postage paid and certified mail, return receipt requested: Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013 RICHARD M. SQUIRE & ASSOCIATES, LLC Dated: April 15, 2008 BY: Troy Freedman, Esquire Attorney for Plaintiff 1 C--j Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire I.D. No. 04267 M. Troy Freedman, Esquire I.D. No. 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store, PLAINTIFF, v. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE FOR SUBSTITUTION OF PARTIES UNDER Pa. R.C.P. 2352(a) TO THE PROTHONOTARY: Kindly substitute HomeComings Financial Network, Inc., as Plaintiff, in the above- captioned matter regarding the real property located at 517 N. Pitt Street, Carlisle, PA 17013 for all purposes in connection with the above-captioned captioned matter. The basis for this substitution is that HomeComings Financial Network, Inc. is the current holder of the underlying Mortgage by an Assignment of Mortgage from Homeq Servicing Corporation (Successor by Merger to TMS Mortgage Inc., DBA The Money Store) to HomeComings Financial Network, Inc.; such Assignment having been duly recorded in the Office of the Recorder of Deeds in and for Cumberland County on June 24, 2004 at Book 709 Page 1506 and incorporated herein by reference. WHEREFORE, it is respectfully requested that HomeComings Financial Network, Inc, be substituted for TMS Mortgage Inc., d/bta The Money Store as Plaintiff for all purposes in connection with this matter. Richard M. Squire & Associates, LLC By: l). Troy Freedman, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 Attorneys for Plaintiff Date: April 14, 2008 fF? r - _? ., w ? r-- ; ?? ?? ?? _, `13 +s fAPR 2 1 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff a 20 C' HomeComings Financial Network, Inc., PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE RULE TO SHOW CAUSE A Rule is hereby entered on the Defendant to show cause why the relief prayed for in the Plaintiffs P:Vtion for Leave to Reassess Damages should not be granted. Rule returnable the day of 2008 at 2: y5 a.m./pan., in courtroom Cumberland Co ty Court of Common Pleas, 1 Courthouse Square, Carlisle, PA 17013. 61"'? '1'? 00,0 ?r r•a ?r_°? t CV u l? W ,C N y l ? Q W HOMECOMINGS FINANCIAL NETWORK, INC., Plaintiff VS. CRYSTAL L. ZELLNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 01-3872 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Richard M. Squire & Associates, LLC, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on May 23, 2008 at 8:45 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: May 14, 2008 ?S t Jr Supreme Court I. . 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 cc Richard M. Squire, Esquire M. Troy Freedman, Esquire Crystal L. Zellner C"3 d -n ?i1• Richard M. Squire & Associates, LLC By Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 11", West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 TMS Mortgage Inc.. d/b/a The Money Store PLAINTIFF, V Crystal L.. Zellner 5 17 N. Pitt Street Carlisle. Pa 17013 To the Prothonotary: Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL ACTION DEFENDANT. MORTGAGE FORECLOSURE PRAECIPE TO RZ-ISSUE WRIT OF EXECUTION (Mortgage Foreclosure) Issue Writ of Execution in the above matter. Dated: Mav 20, 2008 Amount Due Interest From 08/14/2001 to 9/3/2008 $17.08 per diern * plus fees and costs - ?? Attorney for Plaintiff(s) $37,386.63 $43.981.00 $81,367.63 M. Troy Freedman, Esquire F '%( licntsUittonloanser%^J.clhier,,V?nt.5 2008 wpdZD f ??I s f I Z, ?= ... _. 7 Wit. 17 W / C u ? M r. i.j r _e.. J ?i =v fir: J ? Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax(215)886-8791 Attornevs for Plaintiff TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, V, Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 TMS Mortgage Inc., d/b/a The Money Store, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 517 N. Pitt Street, Carlisle, Pa 17013: Name and last known address of Owner(s) or Reputed Owner(s): Crystal L. Zellner 2. Name and last known address of Defendant(s) in the Judgment: Crstal L. Zellner 517 N. Pitt Street. Carlisle, Pa 1701 3 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: HomeComings Financial Network, Inc. 9350 Waxie Way, San Diego. CA 92123 4. Name and address of last recorded holder of every mortgage of record: I-IomeComings Financial Network, Inc. 517 N. Pitt Street, Carlisle. Pa 17013 9350 Waxie Way, San Diego, CA 92123 F' 1mitslittonloanserv V,ellner,Vdrit 5 2008wpd 5. Name and address of every other person who has any record lien on the property: NONE OTHER 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: PA. Department of Revenue P.O. Box 281230 Bureau of Compliance Harrisburg, PA 17128-1230 Department of Public Welfare Health & Welfare Building Attn : Legal Department P. O. Box 2675 Harrisburg, PA 17105-2675 Domestic Relations P. 0. Box 32.0 Cumberland County Carlisle. PA 17013 "Tax Claim Bureau I Courthouse Square Cumberland County Carlisle. PA. 17013 '?. Na>ne and address of every other person of whom the plaintiff has knowledge who has anv interest in the property which may be affected by the sale: Tenant/Occupant 517 North Pitt Street. Carlisle. PA 17013 VERIFICATION 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. §4904 relating to unsworn falsification to authorities. Richard M. Squire & Associates, LI.C Datc. May 20. 2008 By: -- Troy Freedman, Esquire 115 West Avenue. Suite 104 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff F C'IicntsAiiitlonloanserdV__ellner,,U'rit_ 2008 Apd Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 'EMS Mortgage Inc.. d/b/a The Money Store PLAINTIFF, v. Crvstal L.. Zellner 517 N. Pitt Street Carlisle, Pa 17013 DEFENDANT Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 01-3872 CIVIL ACTION CERTIFICATION M. Troy Freedman, Esquire, hereby verifies that he is an 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: ( ) An FHA Mortgage ( ) Non-owner occupied ( ) Vacant (X ) 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. Date: Mav 20. 2008 Troy Freedman, Esquire Attorney for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF. N. Crystal L.. Zellner 517 N, Pitt Street Carlisle, Pa 17013 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Crystal L. ,Zellner 517 N. Pitt Street Carlisle. Pa 17013 Your house (real estate) at 517 :'North Pitt Street, Carlisle, Pa 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 3, 2008 at 10:00 a.m., at the Cumberland County Courthouse, 1 Courthouse Square. Carlisle, PA 17013 to enforce the court judgment of $?37??86.63 plus interest to the sale date obtained by TMS Mortgage Inc., d/b/a The Money Store against you. 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 canceled if you pay back to TMS Mortgage Inc.., d/b/a The Money Store, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call„ Richard M. Squire.. Esquire or M. Troy Freedman, Esquire at (215) 886-8790. P I( Bent,',Iiuonloan,5en ?Zellnen?t'rrt 5 2008.wpdZp 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 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 below 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. 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 the Cumberland County Sheriffs Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6195. 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 a 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 no later than 30 days after the Sheriff s Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back. if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 P ('Bents,,fittonloanservV.ellnerlU'rrt.s 2008.wpdZD Richard M. Squire & Associates, LLC By Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fay:: 215-886-8791 TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, v. Crystal L.. Zellner 517 N. Pitt Street Carlisle, Pa 17013 DEFENDANT Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO 01-3872 CIVIL ACTION VERIFICATION OF NON-MILITARY SERVICE M. Troy Freedman, Esquire, hereby verifies that he is one of the attorneys 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 is 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 is over 18 years of age and resides at 517 North Pitt Street, Carlisle, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: May 20, 2008 t M. roy Freedman, Esquire omey for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 'I MS Mortgage Inc., d/b/a The Money Store PLAINTIFF, v. Crystal L.. Zellner 517 N. Pitt Street Carlisle, Pa 17013 DEFENDANT Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT"f'. PENNSYLVANIA NO 01-3872 CIVIL ACTION AFFIDAVIT OF LAST KNOWN ADDRESSES 1, M. Troy Freedman, Esquire, being duly sworn according to law, hereby depose and say that I am one of the attorneys for Plaintiff in the above matter and that the last known address for the Defendant herein is as follows: Defendant: 517 North Pitt Street Carlisle, PA 17013 Date: May 20. 2008 NJ/Troy Freedman, Esquire Attorney for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire 11). Nos. 0,1267 / 85165 One .Jenkintown Station. Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 TMS Mortgage .Inc., d/b/a The Money Store PLAINTIFF, V. Crystal L.. Zellner 517 N. Pitt Street Carlisle, Pa 17013 DEFENDANT. Date: May 20, 2008 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Crystal L. Zellner PROPERTY: 517 North Pitt Street Carlisle, Pa 17013 Improvements: RI, SIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale, Wednesday. September 3, 2008 at 10:00 AM at the Cumberland County Courthouse. I Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3872 Civil CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TMS MORTGAGE INC., d/b/a THE MONEY' STORE, Plaintiff (s) From CRYSTAL L. ZELLNER (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 $37,386.63 L.L. Interest from 8/14/01 to 9/03/08 @$17.08 per diem - $ 43,981.00 *plus fees and costs Atty's Comm `% Due Prothy $2.00 Atty Paid $3,833.71 Plaintiff Paid Other Costs Date: 5/21/08 (Seal) REQUESTING PARTY: Name: M TROY FREEDMAN, ESQUIRE Address: RICHARD M. SQUIRE & ASSOCIATES, LLC ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8791 rothonota By: Deputy Supreme Court ID Vo. 85165 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff HomeComings Financial Network, Inc., PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE ORDER AND NOW, to wit, this 27 day of 4AP-A4 , 2008, upon consideration of the Plaintiffs Petition for Leave to Reassess Damages, and upon consideration of any Answer thereto, and upon good cause showing; it is hereby ORDERED and DECREED that the Plaintiff s Petition for Leave to Reassess Damages is granted; and it is FURTHER ORDERED and DECREED that Plaintiff may reassess its damages by filing with the Prothonotary of Cumberland County a Praecipe to Reassess Damages setting forth therein a sum-certain in an amount con: $76,320.02. :Ze M w v CO rri :+ ? p?rryry •J Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Michael J. Clark, Esquire I.D. Nos. 04267 / 85165 / 235394 One Jenkintown Station, Suite 104 115 West Avenue Attorneys for Plaintiff Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 HomeComings Financial Network, Inc., PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013, DEFENDANT. DOCKET NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE TO ENTER JUDGMENT AND TO RE-ASSESS DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Defendant pursuant to the attached Order of Court dated May 23, 2008 and, pursuant thereto, kindly re-assess the Plaintiff" s damages as follows: TOTAL AMOUNT DUE $76,320.02. I hereby certify that (1) the address of the Defendant is as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Richard M. Squire & Associates, LLC Dated: May 27, 2008 s' Troy Freedman, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY RE-ASSESSED AS INDICATED. DATE: PRO ONO MAC'-2--2^08(FR:) 08:10 Shughart Law Office (FRX)7172414021 P.002/003 Richard M. Squire & Associates, LLC By: Ricberd M. Squire, Esquire: M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 HomeComings Financial Network, Inc., PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Crystal L. Zellncr 517 N. Pitt Street Carlisle, PA 17013, DEFENDANT. DOCKET N0. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE K-2&0' AND Now, to wit, this Aday of A&M4N p 2008, upon consideration of the Plaintiff s Petition for Leave to Reassess Damages, and upon consideration of any Answer thereto, and upon good cause showing; it is hereby ORDERED and DECREED that the Plaintiffs Petition for Leave to Reassess Damages is granted; and it is FUR7I3ER ORDERED and DECREED that Plaintiffmay reassess its damages by filing with the ProtbonotFUy of Cumberland County aPraecipe to Reassess Damages setting forth therein a sum-certain in an amount con $76,320.02. TRUE CCpy re,~;.i ; ,n-e-0eD In Testimony whereof, I hM' unto set my hand and the seal of said Court at Carlisle, Pa. This ...s; aQ.... day Prothonotary • Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Michael J. Clark, Esquire I.D. Nos. 04267 / 85165 / 235394 One Jenkintown Station, Suite 104 115 West Avenue Attorneys for Plaintiff Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 HomeComings Financial Network, Inc., PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013, DEFENDANT DOCKET NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE VERIFICATION OF NON-MILITARY SERVICE M. Troy Freedman, Esquire, hereby verifies that he is one of the attorneys 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 is 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 is over 18 years of age and resides at 517 North Pitt Street, Carlisle, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: May 27, 2008 /? - M. roy Freedman, Esquire omey for Plaintiff t? o 90 ° d `, r-1?r` ? tz 3 .i7 fl r' ' v cn Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PA 17013-3387 717-240-6195 Date HomeComings Financial Network, Inc., ' IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013, DEFENDANT DOCKET NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE TO: Crystal L. Zellner 517 N. Pitt Street Carlisle, PA 17013 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on o5 0 , a judgment(decree)(order) was entered against you in this office in the proceeding as indicated above. Pro ary Deputy Prothonotary Date Mailed: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which HOMECOMINGS FINANCIAL REL ESTATE HOLDINGS LLC is the grantee the same having been sold to said grantee on the 3RD day of SEPT A.D., 2008, under and by virtue of a writ Execution issued on the 21 ST day of MAY, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 3872, at the suit of TMS MTG INC DBA MONEY STORE against CRYSTAL L ZELLMER is duly recorded as Instrument Number 200835952. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3 -4? day of A.D. o2Ot9 ! - Recorder of Deeds My C4mgw Expire • Cadft, PA to FW Monday of Jan. 2910 TMS Mortgage Inc., d/b/a The Money Store In the Court of Common Pleas of VS Cumberland County, Pennsylvania Crystal L. Zellner Writ No. 2001-3 872 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 16, 2008 at 2100 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Crystal L. Zellner, by making known unto Crystal Zellner personally, at 517 North Pitt Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2008 at 2007 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Crystal L. Zellner located at 517 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Crystal L. Zellner by regular mail to her last known address of 517 North Pitt Street, Carlisle, PA 17013. This letter was mailed under the date of July 14, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Troy Freedman, on behalf of HomeComings Financial Real Estate Holdings, LLC. It being the highest bid and best price received for the same, HomeComings Financial Real Estate Holdings, LLC of 4828 Loop Central Drive, Houston, TX 77081-2226, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,638.34. Sheriff s Costs: Docketing $30.00 Poundage 31.93 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 10.00 Levy 30.00 Surcharge 30.00 Law Journal 617.00 Patriot News 677.27 Share of Bills 17.64 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 ? /i?or?o8 $1,638.34 Ulu ate-\ So Answers: io--OOAQ?? "? R. Thomas Kline, Sheriff B"&j ? vv4L Real Estat Sergeant WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3872 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TMS MORTGAGE INC., d/b/a THE MONEY STORE, Plaintiff (s) From CRYSTAL L. ZELLNER (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 $37,386.63 L.L. Interest from 8/14/01 to 9/03/08 @$17.08 per diem - $ 43,981.00 *plus fees and costs Atty's Comm % Due Prothy $2.00 Atty Paid $3,833.71 Other Costs Plaintiff Paid Date: 5/21/08 Prothonotary (Seal) By: REQUESTING PARTY: Name: M TROY FREEDMAN, ESQUIRE Address: RICHARD M. SQUIRE & ASSOCIATES, LLC ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8791 Supreme Court ID No. 85165 Deputy Real Estate Sale #49 On May 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 517 North Pitt St., Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 29, 2008, By: Real Es e Sergeant 9E :8 b E Z AN 0001 `vd 'k S- s 33183HS I ? 0 ?J1' Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, V. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 TMS Mortgage Inc., d/b/a The Money Store, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 517 N. Pitt Street, Carlisle, Pa 17013: 1. Name and last known address of Owner(s) or Reputed Owner(s): Crystal L. Zellner 517 N. Pitt Street, Carlisle, Pa 17013 2. Name and last known address of Defendant(s) in the judgment: Crystal L. Zellner 517 N. Pitt Street, Carlisle, Pa 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: HomeComings Financial Network, Inc. 9350 Waxie Way, San Diego, CA 92123 4. Name and address of last recorded holder of every mortgage of record: HomeComings Financial Network, Inc. 9350 Waxie Way, San Diego, CA 92123 F:\Clients\littonloanserv\Zellner\Writ.5.2008.wpd /. 5. ' Name and address of every other person who has any record lien on the property: NONE OTHER 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: PA Department of Revenue Bureau of Compliance Department of Public Welfare Attn : Legal Department Domestic Relations Cumberland County Tax Claim Bureau Cumberland County P.O. Box 281230 Harrisburg, PA 17128-1230 Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013 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: Tenant/Occupant 517 North Pitt Street, Carlisle, PA 17013 VERIFICATION 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. §4904 relating to unworn falsification to authorities. Richard M. Squire & Associates, LLC By: . Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff Date: May 20, 2008 F:\Clients\littonloanserv\Zellner\Writ.5.2008.wpd Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money IN THE COURT OF COMMON PLEAS Store CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. NO. 01-3872 Crystal L.. Zellner 517 N. Pitt Street CIVIL ACTION Carlisle, Pa 17013 DEFENDANT. MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 Your house (real estate) at 517 North Pitt Street, Carlisle, Pa 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 3, 2008 at 10:00 a.m., at the Cumberland County Courthouse, Courthouse Square, Carlisle, PA 17013 to enforce the courtjudgment of $37,386.63 plus interest to the sale date obtained by TMS Mortgage Inc., d/b/a The Money Store against you. 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 canceled if you pay back to TMS Mortgage Inc., d/b/a The Money Store, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire or M. Troy Freedman, Esquire at (215) 886-8790. F:\Clients\littonloanserv\Zellner\Writ.5.2008.wpdZD 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 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 below 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. 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 the Cumberland County Sheriff s Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6195. 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 a 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 no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\littonloanserv\Zellner\Writ.5.2008.wpdZD LEGAL DESCRIPTION ALL THOSE CERTAIN PIECES OR PARCEL OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: TRACT NO. 1: BEGINNING AT A POINT ON THE EASTERN SIDE OF NORTH PITT STREET IN LINE OF LAND NOW OR FORMERLY OF ARTHUR KECK AND HIS WIFE; THENCE BY THE SAME IN AN EASTERLY DIRECTION, 84 FEET, MORE OR LESS, TO A POINT; THENCE BY THE SAME IN A SOUTHERLY DIRECTION 25'7", MORE OR LESS, TO A POINT IN THE SAME; THENCE IN AN EASTERLY DIRECTION 2'10", MORE OR LESS, TO A POINT; THENCE STILL BY THE SAME IN A SOUTHERLY DIRECTION 14'5", MORE OR LESS, TO A POINT IN LINE OF LANDS NOW OR FORMERLY OF JOHN W. TOOMEY; THENCE BY THE SAME IN AN EASTERLY DIRECTION 24'2", MORE OR LESS, TO A POINT IN LINE OF LANDS NOW OR FORMERLY OF CHARLES A. LOSCH; THENCE BY THE SAME IN A NORTHERLY DIRECTION 66', MORE OR LESS, TO A POINT IN LINE WITH OTHER LANDS NOW OR FORMERLY OF CHARLES A. LOSCH; THENCE BY THE SAME IN A WESTERLY DIRECTION 111.2 FEET, MORE OR LESS, TO A POINT ON THE EAST SIDE OF NORTH PITT STREET, THENCE BY THE SAME IN A SOUTHERLY DIRECTION 27', MORE OR LESS, TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO AND ONE HALF STORY DWELLING HOUSE KNOWN AS 517 NORTH PITT STREET, CARLISLE, PA 17013 SUBJECT TO THE RIGHT OF THE OWNER OF THE PREMISES TO THE WEST OF THE SOUTHERN PORTION OF THE LOT ABOVE CONVEYED, HIS HEIRS AND ASSIGNS, TO THE USE OF THE VACANT LOT AS IT NOW EXISTS LOCATED ADJACENT TO THE PROPERTY ON THE WEST FOR THE PURPOSE OF INGRESS, EGRESS, AND REGRESS TO THE SAID PREMISES ON THE WEST, TOGETHER WITH THE GRANTEE HEREIN, HER HEIRS AND ASSIGNS. SAID VACANT STRIP BEING 5', MORE OR LESS, WIDE AT THE NORTHERN SIDE OF THE SAID LOT ON THE WEST AND EXTENDING IRREGULARLY TO A WIDTH OF 25', MORE OR LESS, AT THE SOUTHERN SIDE. TRACT NO. 2: BEGINNING AT A POINT ON THE WESTERN SIDE OF A PRIVATE ALLEY APPROXIMATELY 10' WIDE, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF LANDS NOW OR FORMERLY CLARENCE CRAMER; THENCE BY SAID OTHER LANDS NOW OR FORMERLY OF CLARENCE CRAMER IN A NORTHEASTERLY DIRECTION 65.6' TO A POINT, THE NORTHEAST CORNER OF TRACT NO. 1 ABOVE DESCRIBED; THENCE BY LAND NOW OR FORMERLY OF CHARLES F. CRAMER IN AN EASTERLY DIRECTION 1 FOOT TO A POST; THENCE BY THE SAME IN A SOUTHERLY DIRECTION 50.5 FEET TO A TREE; THENCE BY THE SAME IN A SOUTHEASTERLY DIRECTION 10.7 FEET TO A POST, THENCE BY THE SAME IN A SOUTHERLY DIRECTION 8.7 FEET TO A POST ON THE EASTERN SIDE OF THE PRIVATE ALLEY AFORESAID; THENCE ACROSS THE ALLEY IN A WESTERLY DIRECTION 11.6 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH FULL AND FREE INGRESS, EGRESS, AND REGRESS IN THE GRANTEE, HER HEIRS-AND ASSIGNS, TO AND OVER THE AFORESAID PRIVATE ALLEY TO THE SOUTH OF THE PARCEL HEREIN CONVEYED, TO BE HELD IN COMMON WITH THE SAID CLARENCE F. CRAMER, HIS HEIRS AND ASSIGNS, FOREVER. TAX PARCEL NO.: 06-20-1798-057 BEING THE SAME PREMISES WHICH RICHARD W. DUTREY AND MARJORIE B. DUTREY, HUSBAND AND WIFE, GRANTED AND CONVEYED UNTO CRYSTAL L. ZELLNER BY DEED DATED DECEMBER 23, 1996 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 151, PAGE 583. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the PatfiotsNews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 Tti WpENpNS NoWWSW Notwy N* Cam* WW* L CITY OF Iwny? Mwnfwl Agocw of N00W168 ROM Esbft Sob No. 49 Writ No. 2001-3872 CMI Term TMs 10Wb Inc., ftm They a;o y Store vs Cryslsl L: Zsllnsr Attorney M. Troy Freedman LEGAL DESCRIPTION ALL THOSE CERTAIN PIECES OR PARCEL OF LANDSITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY PENNSYLVANIA, BOUNDED ANDDESCRIBED AS FOLLOWS, TO WTP. TRACT NO. 1: BEGINNING AT A POINT . ON THE EASTERN SIDEOF NORTH PITT STREET IN LJNEOF LANDNOWOR FORMERLY OF A R T H u R KHCK ANDIHS WIFE; T1EHN -BY 'THE SAME IN AN EASTMX DRKMON, 84 FEET, MW OR LESS, 70 A POINT, THENCE BY THE SAME IN A SOUTHERLY DIRECTION 25' 7", MORE OR LESS, TO A POINT IN THE SAME; THENCE IN AN EASTERLY DIIU,CTON 2' 10", MORE OR LESS, TO A POINT;THENCE STILL BY THE SAME IN A SOUTHERLY DIRECTION 14' 5", MORE OR LESS, TO A POINT IN LINE OF LANDS NOWOR FORMERLY OF JOHN W. TOOMEY, THENCE BY THE SAME IN AN EASTERLY DIRECTION', 24' 2", MORE OR LESS, TO A PONT IN LINE OF LANDS NOWOR FORMERLY OF CHARLES A. LOSCH; THENCE BY THE SAME IN A NORTHERLY DIRECTION 66', MORE OR LESS, TO A POINT IN LINEWTIH OTHER LANDS NOWOR FORMERLY OF CHARLES A. LOSCH; THENCE BY THE SAME IN A WESTERLY DIRECTION 111.2 FEET, MORE OR LESS, TO A POINT ON THE EAST SIDEOF NORTH PITT STREET, THENCE BY THE SAME IN A SOUTHERLY DIRECTION 27', MORE OR LESS, TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO ANDONERALF STORY DWELLING HOUSE KNOWN AS 517 NORTH PITT STREET, 4RLISLE, PA 17013 SUBJECT TO THE RIGHT OF THE OWNER OF THE PREMISES TO THE WEST OF THE SOUTHERN PORTION OF THE LOT ABOVE CONVEYED, HIS HEIRS ANDASSIGNS, TO THE USE OF THE VACANT LOT AS IT NOWEXISTS LOCATED ADJACENT TO THE PROPERTY ON THE WEST FOR THE PURPOSE OF INGRESS, EGRESS, ANDREGRESS TO THE SAID PREMISES ON THE WEST, TOGETHER WITH THE GRANTEE HEREIN, HER HEIRS ANDASSIGNS. SAID VACANT STRIP BEING 51, MORE OR LESS, WIDEAT THE NORTHERN SIDEOF THE SAID LOT ON THE WEST ANDEXTENDING IRREGULARLY TO A WIDTH OF 25', MORE OR LESS, AT THE SOUTHERN SIDE. TRACT NO. 2: k1hUINNING AT A POINT ON THE WESTERN SIDFAF jA PRIVATE ALLEY APPROXIMATELY 10' WIDE, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF LANDS NOWOR FORMERLY CLARENCE CRAMER;THENCE BY SAID OTHER LANDS NOWOR FORMERLY OF CLARENCE CRAMER IN A NORTHEASTERLY DIRECTION 65.6' TO A POINT, THE NORTHEAST CORNER OF TRACT NOA ABOVE DESCRIBED; THENCE BY LANDNOWOR FORMERLY OF CHARLES R CRAM IN AN EASTERLY DIRECTION-] TOOTTO A POST, THENCE BY THE SAME IN A SOUTHERLY DIRECTION 50.5 FEET TO A TRFETHF.NCE BY THE SAME IN A SOUTHEASTERLY DIRECTION 10.7 FEET TOA POST THENCE BY THE SAME IN A SOUTHERLY DIRECTION 8.7 FEET TO A POST ON THE EASTERN SIDEOF THE PRIVATE ALLEY AFORESAID; THENCE ACROSS THE ALLEY IN A WESTERLY DIRECTION 11.6 FEET TO TILE PLACE OF BEGINNING. TOGETHER WITH FULLANDFREEINGRESS, EGRESS, ANDREGRESS IN THE GRANTEE, HER HEIRS ANDASSIGNS, TO ANDOVER THE AFORESAID PRIVATE ALLEY TO THE SOUTH OF THE PARCEL. HEREIN CONVEYED, TO BE HELD IN COMMON WITH THE SAID CLARENCE F. CRAMER, HIS H®ISARDASSM, MOM 1%X IM&L int.: 06.20-17WW " BEING THE SAME PRELIM WHICH RICHARD W. DMlEY AM MARJORIE B. DUTREY, HUSBAND ANDWIFE, GRANTED ANDCONVEYED UNTO CRYSTAL L. LELLNER BY DEEDDATED DECEMBER 23, 1996 ANDRECORDED INTIE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, WNNSYLVANIA, IN DEED BOOK VOLUME 151, PAGE583. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, July 25, and August 1, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, SWORN TO AND SUBSCRIBED before me this 1 day of August. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Pubdc CARLISLE BORO, CUMBERLAND COUNTY My Commis M des Apr 28, 201 0 R`AL EBTA"TE BALK NO. 49 Writ No. 2001-3872 Civil TMS Mortgage Inc. d/b/a The Money Store VS. Crystal L. Zellner Atty.: M. Troy Freedman LEGAL DESCRIPTION ALL THOSE CERTAIN pieces or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and de- scribed as follows, to wit: TRACT NO. 1: BEGINNING at a point on the eastern side of North Pitt Street in line of land now or formerly of Arthur Keck and his wife; thence by the same in an easterly direction, 84 feet, more or less, to a point; thence by the same in a southerly direction 25' 7", more or less, to a point in the same; thence in an east- erly direction 2' 10", more or less, to a point; thence still by the same in a southerly direction 14' 5", more or less, to a point in line of lands now or formerly of John W. Toomey; thence by the same in an easterly direction 24' 2", more or less, to a point in line of lands now or formerly of Charles A. Losch; thence by the same in a northerly direction 66', more or less, to a point in line with other lands now or formerly of Charles A. Losch; thence by the same in a westerly direction 111.2 feet, more or less, to a point on the east side of North Pitt Street, thence by the same in a southerly direction 27', more or less, to the place of BEGINNING. HAVING thereon erected a two and one half story dwelling house known as 517 North Pitt Street, Car- lisle, PA 17013. SUBJECT to the right of the owner of the premises to the west of the southern portion of the lot above con- veyed, his heirs and assigns, to the use of the vacant lot as it now exists located adjacent to the property on the west for the purpose of ingress, egress, and regress to the said prem- ises on the west, together with the grantee herein, her heirs and assigns. Said vacant strip being 5', more or less, wide at the northern side of the said lot on the west and extending irregularly to a width of 25', more or less, at the southern side. TRACT NO. 2: BEGINNING at a point on the western side of a private alley approximately 10' wide, which point is also the southeast corner of lands now or formerly Clarence Cramer; thence by said other lands now or formerly of Clarence Cramer in a northeasterly direction 65.6' to a point, the northeast corner of Tract No. 1 above described; thence by land now or formerly of Charles F. Cramer in an easterly direction 1 foot to a post; thence by the same in a southerly direction 50.5 feet to a tree; thence by the same in a southeasterly direction 10.7 feet to a post, thence by the same in a southerly direction 8.7 feet to a post on the eastern side of the private alley aforesaid; thence across the alley in a westerly direction 11.6 feet to the place of BEGINNING. TOGETHER with full and free ingress, egress, and regress in the grantee, her heirs and assigns, to and over the aforesaid private alley to the south of the parcel herein conveyed, to be held in common with the said Clarence F. Cramer, his heirs and assigns, forever. TAX PARCEL NO.: 06-20-1798- 057. BEING the same prenums which Richard W. Dutrey and Marjorie B. Dutrey, husband and wife, granted and conveyed unto Crystal L. Zellner by deed dated December 23, 1996 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 151, Page 583.