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HomeMy WebLinkAbout03-6492 W ACHOVIA BANK, NATIONAL ASSOCIATION F/KIA FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE F9RECLOSURE 03- (lI92C1~j{ MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN Defendants TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint oHor any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 A VISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENT ADAS, ES ABSOLUT AMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGlSTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUlER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUlR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECID1R A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPlEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIA TEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717,249-3166 W ACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE vs. MICHAEL D. ZIMMERMAN AND ANGELA 1. ZIMMERMAN, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff WACHOVIA BANK, NATIONAL ASSOCIATION FIKIA FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW {).J - C, '11.J- : ACTION OF MORTGAGE FORECLOSURE vs. MICHAEL D. ZIMMERMAN AND ANGELA 1. ZIMMERMAN, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, WACHOVIA BANK, NATIONAL ASSOCIATION F/K1A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April I, 1082 ("Trust"), is National Association, with a servicing agent of Pennsylvania Housing Finance Agency, with an address of2101 North Front Street, Harrisburg, Pennsylvania 17105. 2. Defendant, MICHAEL D. ZIMMERMAN, is an adult individual, whose last known address is 33 TRINE AVENUE, MT. HOLLY SPRINGS, PENNSYLVANIA 17065. Defendant, ANGELA 1. ZIMMERMAN, is an adult individual, whose last known address is 33 TRINE AVENUE, MT. HOLLY SPRINGS, PENNSYLVANIA 17065. 3. On or about, August 24, 1999, the said Defendants, executed and delivered a Mortgage Note in the sum of $63,500.00 payable to BROADVIEW MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1566, Page 218 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE '... AGENCY and recorded in the aforesaid County in Mortgage Book 623, Page 217. The Mortgage was subsequently assigned to WACHOVIA BANK, NATIONAL ASSOCIATION F/KIA FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 33 TRINE AVENUE, MT. HOLLY SPRINGS, PENNSYLVANIA 17065 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on June 01,2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: Interest at $11. 66 per day From 05/01/2003 To 01/01/2004 ( based on contract rate of 6.900%) $60,850.79 $3,174.00 UNPAID PRINCIPAL BALANCE Accumulated Late Charges $167.30 Late Charges $16.73 From 06/01/2003 to 01/01/2004 $150.57 Escrow Balance $551.00 Attorney's Fee at 5% of Principal Balance TOTAL $3,042.54 $67,936.20 **Together with interest at the per diem rate noted above after January 01, 2004 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice ofIntention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.900% ($11.66 per diem), together with other charges and costs including escrow advances incidental thereto to the dat of Sheriff s Sale and for foreclosure and sale of the property within described. By: tJ. PURCE G & HiuER Leon P. Haller, Esquire Attorney for Plaintiff J.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) NOTE ,I..;; I' , AUGUST 24.1999 CARLISLE [City] PENNSYLVANIA lStlle] 33 TRINE AVENUE, MOUNT HOLLY SPRINGS, PA 17065 IPropenyAddrcu] 1. BORROWER'S PROMISE TO PAY In rerum for a loan mal I have received. I promise to pay V.5.S 63 I 500.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is BROADVI EW MORTGAGE COMPANY, 95 E. WI LSON BRIDGE ROAD, WORTHINGTON, OH 430B5 ' I und",,,,,,d that the Lender may Iransfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder," 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rale of 6.900%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1ST day of each month beginning on OCTOBER 1 1999 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My momhly payments will be applied w interest before principal. If. on SEPTEMBER I, 2029 . I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the ~maturity date." I will make my mondily payments at WORTHINGTON, OH 43085 (8) Amount of Monthly Payments My monthly payment will be in the amount ofU.S.S 418.21 BRDADVIEW MORTGAGE COMPANY, 95 E WILSON BRIDGE ROAD, or at a different place if required by the Note Holder. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges. is fInally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (il) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQillRED (A) Late cbarge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of F I FTE EN**** calendar days after the date it is due. I will pay a late charge to the Note Holder. The amount of the charge will be 4 . 00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice or Derault If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date. the Note Bolder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment orNate Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above. the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example. reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Propeny Address above or at a different address if I give the Note Holder a notice of my different addreSs. Any notice that must be given to the Note Holder under this Note will be given by mailing it by flI"st class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. \ ~ ) ~""I- 7. "By initialing. the BOITower(s) acknowledge(s) that this page is page I of 2 ~itJ' l~iti.l~ of the Multistate Fixed Rate Note." ACCT# 979754 MUL TIST A TE FIXED RATE NOTE. Single Family. FNMA/FHlMC UNIFORM INSTRUMENT Form 3200 12/83 Fo.m '646ll (8812) Page 1 01 2 Oo~ld 0000000762 G".I l'~1I h,ln", FOlIII'.lnc_ . USA 1.100-153.02000 MI ,.IOO.35a.1643D FAX !~11i1.701.\n' f'x'hibi+ 'A' 8'. OBLlGATIONS OF PERSL"~S UNDER TIDS NOTE If more than one person signs this Note. each person is fully and personally obligated LO keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note. is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9, WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a unifonn instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mongage. Deed of Trust or Security Deed (the" Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of tbe Property or a Beneficial Interest in Borrower. If all or any pan of the Property or any interest in it is sold Of transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender ma.y, at its option, require immediate payment in full of all sums secured by this Security InstrUment However. this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower fails 10 pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED, udoth nLO_' . ,0 I' , ut<llER o. 114.://.L) :5':-.. ." _ 'ennsylVBnla HOUSln~nan. nIN MlttAEL 0 ZIMM~N . .\~'Tf'HCOMF C\ \.~\. T,~'(\\I\\"-"J\'\..C).\\ " 'I') ANG LA I Z IMMERW@ \.I\C~""CI (Seal) .Bo"o".' (Seal) -Bo"o....' (Seal) .80,,0...r n~S.::;ll~-"Y l. ,J,....;J Vie; Pr:sident (Seal) .Bo"o".' [Sign Original Only] I ~,"1.i?~ Form 16~6L2 lea12) Pa~. 2 ot 2 ~ \:,( Inilials "By initialing, the Borrower(s) acknowledge(s) that this page is page 2 of 2 of the Multislale Fixed Rate Note:' ACCTN 979754 I e...tLok..B..I......F.'..I.I..... USI, HOO-253-02010Mll-aOO-35I-26430FAX I't6)-111-1131 Docld0000000782 LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: "", BEGINNING at a point on the Westerly line of Trine Avenue (50 feet wide) at the dividing line between Lots 16 and 17 on the hereinafter mentioned plan of lots; thence by said dividing, North 89 degrees 45 minutes West 124.34 feet to a point at lands now or formerly of Dr. Sendi; thence by said lands now or formerly of Dr. Sendi North 00 degrees 33 minutes 20 seconds East 20.33 feet to an iron pin at the dividing line between Lots 17 and 18 on siad plan; thence by the said dividing line South 89 degrees 45 minutes East 124.24 feet to an iron pin at the westerly line of Trine Avenue; thence by the westerly line of Trine Avenue South 00 degrees 15 minutes West 20.33 feet to a point, the place of BEGINNING. BEING Lot 17 on the plan of lots for Grove and Grove, Inc., dated November 17, 1971, revised November 18, 1971, recorded in Cumberland County Plan Book 23, Page 65 and being improved with certain townhouse unit known and numbered as 33 Trine Avenue. r'i, ~,{hllJj + "0 800k 1565 ~Aar .224 ~ ~, '- ...c: <.1', Uj ~ ~ V\ n ......, ~ C C'::':) D c;;, ~ L..> ~n \" c'J' -i r' T C) rrl :0:: ~ r-. ~ - c-' :--:1 r-~3 ~ . ~..) '1' :'Ie:) ~ -co (~:-2 - c:::;' ~ L,) '.-'i"j Q , .. -' \.i) j- ("' '\ SHERIFF'S RETURN, REGULAR CASE NO: 2003,06492 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NA VS ZIMMERMAN MICHAEL D ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT, MORT FORE was served upon ZIMMERMAN MICHAEL D the DEFENDANT , at 1018:00 HOURS, on the 18th day of December, 2003 at 33 TRINE AVENUE MT HOLLY SPRINGS, PA 17065 by handing to MICHAEL D ZIMMERMAN a true and attested copy of COMPLAINT ' MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.14 .00 10.00 .00 32.14 .-~a/-~./ ~ ~r /?u""?'?~~~ R. Thomas Kline 12/19/2003 PURCELL KRUG Sworn and Subscribed to before By: LL- Deputy Sh&ff . rr~ me thls p ~' day of ',- t" ~JfJV '/ "-)."''}'~ - 1.,:' hi, if.--<.- "f-'o/ pro~honotary' A.D. SHERIFF'S RETURN, REGULAR CASE NO: 2003,06492 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NA VS ZIMMERMAN MICHAEL D ET AL RON KERR Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT, MORT FORE was served upon ZIMMERMAN ANGELA L the DEFENDANT , at 1018:00 HOURS, on the 18th day of December, 2003 at 33 TRINE AVENUE MT HOLLY SPRINGS, PA 17065 by handing to MICHAEL D ZIMMERMAN, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 :~~~.,-".... ,;'~ ~ ~/ ~'I:lo'''' ."'>~~ '-",.. ",?~,-,__ , R. Thomas Kline 12/19/2003 PURCELL KRUG Sworn and Subscribed to before By: HAL/(~ ~puty Sheriff me this /,}."::' day of C;"'A.A:":l. .)()O 'f A. D. C }<t&..J) In..u'l~ J~ J2>rothonotary' I J W ACHOVIA BANK, NATIONAL ASSOCIATION F/KlA FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW PLAINTIFF NO. 03-6492 VS. MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, MORTGAGE FORECLOSURE DEFENDANT(S) P RAE C I PE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor ofthe Plaintiff and against Defendant(s) MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiffs damages as follows: Unpaid Principal Balance Interest Per diem of $11.66 From 05/01/2003 To 01/01/2004 Accumulated Late Charges Late Charges ($16.73 per month to 01/01/2004) Escrow Deficit $60,850.79 $3,174.00 $167.30 $150.57 $551.00 5% Attorney's Commission TOTAL $3,042.54 $67,936.20 **Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff s Sale. PURCELL, KRUG & HALLE By Leo . al er PA J.D. 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 t~l~ i5 ~ C ~ ~ ~~~r? ~ ~ ~ f" ~. J2 " ~ C,; I"'--~ '.-~~~ 23 -1;- ---,' - r. , " -- -~~' CD ",~-" :::.~: - o :;.;,t. t..:~, W ACHOVIA BANK, NATIONAL ASSOCIATION F/KJA FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW PLAINTIFF NO. 03-6492 Vs. IN MORTGAGE FORECLOSURE MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, DEFENDANT(S) CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on January 14,2004 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant( s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By L er PA LD. # 157 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 C2 c ......., C':'} ~ -r- .....-, /-' c;, "p C~ W ACHOVIA BANK, NATIONAL ASSOCIATION F /KJ A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6492 Plaintiff VS. MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN Defendants CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: January 14, 2004 TO: MICHAEL D. ZIMMERMAN 33 TRINE AVENUE MOUNT HOLLY SPRINGS, P A 17065 ANGELA L. ZIMMERMAN 33 TRINE AVENUE MOUNT HOLLY SPRINGS, P A 17065 TillS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 717-249-3166 PURCELL, KRUG & HALLE () "., , ::> {-:, c- C:~ , c-' 0 \,0 CO '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 03-6492 WACHOVIA BANK, NATIONAL ASSOCIATION F/KIA FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY, PLAINTIFF Total Judgment Amount $67,936.20 Interest $1,853,94 Per diem of $11.66 to sale date 6/9/2004 Late Charges $351.33 $ I 6. 73 per month to sale date 6/9/2004 Escrow Deficit $551.00 Property Inspection $158.00 TOTAL WRIT $70,850.47 .Plus additional interest, late charges and other costs to date of sherifrs sale. SALE DATE: WEDNESDAY, JUNE 09, 2004 VS. MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, DEFENDANT(S) (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned Date: March 9, 2004 Altomey for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234,4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYL VANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the altached description known as 33 TRINE A VENUE MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ~ ~ -,::JD '-\ ~rr. . '- (f ~~ ~ ~ \j ~ ~, Q l()'--w ~ ~ ~ ~ B \;-IU ~ ~. "'~ ~, ~- -.l:: ~& '-- () ~- -z' t::.f/"o, 0 G' rr ~ f ~ 7- , , hi , . .J: c , J \Gj ~~ 2 f;~' '. -,..,. :;;0 '.-'.- J>~ ._-'" c) c '-.0 - ,0 ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: ~' . BEGINNING at a point on the Westerly line of Trine Avenue (50 feet wide) at the dividing line between Lots 16 and 17 on the hereinafter mentioned plan of lots; thence by said dividing, North 89 degrees 45 minutes West 124.34 feet to a point at lands now or formerly of Dr. Sendi; thence by said lands now or formerly of Dr. Sendi North 00 degrees 33 minutes 20 seconds East 20.33 feet to an iron pin at the dividing line between Lots t 7 and 18 on siad plan; thence by the said dividing line South 89 degrees 45 minutes East 124.24 feet to an iron pin at the westerly line of Trine Avenue; thence by the westerly line of Trine Avenue South 00 degrees 15 minutes West 20.33 feet to a point, the place of BEGINNING. BEING Lot 17 on the plan of lots for Grove and Grove, Inc., dated November 17,1971, revised November 18,1971, recorded in Cumberland County Plan Book 23, Page 65 and being improved with certain townhouse unit known and numbered as 33 Trine Avenue. HAVING THEREON ERECTED A DWELLING KNOWN AS 33 TRINE A VENUE MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065 BEING THE SAME PREMISES WHICH The Housing Authority of the County of Cumberland, by Deed dated 8/24/99 and recorded 8/25/99 in Cumberland County Deed Book 206, Page 452, granted and conveyed unto Michael D. Zimmermand and Angela I. Zimmerman. TO BE SOLD AS THE PROPERTY OF MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN ON JUDGMENT NO. 03-6492 ASSESSMENT NO. 23-32-2336-372 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wachovia Bank, National Association FIK/A First Union NO 03-6492 Civil CIVIL ACTION - LAW National Bank, as Trustee for Pennsylvania Housing Finance Agency Plaintiff (s) From Michael D. Zimmerman and Angela L. Zimmerman (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $67,936.20 L.L.$.50 Interest Per diem of $11.66 to sale date 6/912004 Atty's Comm % Atty Paid $233.54 $1,853.94 Due Prothy $1.00 Other CostsLate Charges $351.33 month to sale date 6/9/2004 Escrow Deficit $551.00 Property Inspection $158.00 $16.73 per PlaintitTPaid Date: March 10, 2004 (Seal) CURTIS R. LONG Prothonotary By: ~ K~~.~ Deputy REQUESTING PARTY: Name Leon P. Halter, Esq. Address: 1719 North Front Street Harrisbnrg, PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 W ACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW PLAINTIFF NO. 03-6492 VS. IN MORTGAGE FORECLOSURE MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, DEFENDANT NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this !fi!a.ay of l1larcf, 20m ./f/i1c(' (Jf r}rf1Vl Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Trad M. CoIm. NoIaIy Public Qty Of Harrisburg, Daupllin County My Commission Expires Aug. 21. 2007 ~~,~mb"C", Penil.,yl"'lni'~ A~sty"jation Of Notaries F? ~ _L.~ '-' i"" ?~ ~.. o ;:'''::"' \.!'"' ...:;:;,. W ACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION LAW PLAINTIFF NO. 03,6492 VS. IN MORTGAGE FORECLOSURE MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, DEFENDANT(S) AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following infonnation concerning the real property located at 33 TRINE AVENUE MOUNT HOLLY SPRINGS, PENNSYL VANIA 17065: I. Name and address of the Owner(s) or Reputed Owner(s): MICHAEL D. ZIMMERMAN 33 TRINE A VENUE MOUNT HOLLY SPRINGS, P A 17065 ANGELA 1. ZIMMERMAN 33 TRINE A VENUE MOUNT HOLLY SPRINGS, P A 17065 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (I) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address oflast recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): County of Cumberland One Courthouse Square Carlisle, P A 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. ofP A 419 Stonehedge Drive, Suite 2 Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Housing Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 (In the preceding infonnation, where addresses could not be reasonably ascertained, the same is indicated. ) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to authorities. Leon P A . . #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:March 9, 2004 t-:' CO) cs -~. \.W CJ :"1' \ ~1 '-, l\i?:-J IT! '~r; (-} 11 WACHOVIA BANK, NATIONAL ASSOCIATION FIK/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LA W PLAINTIFF NO. 03-6492 VS. IN MORTGAGE FORECLOSURE MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, DEFENDANT(S) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 09, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting ofa statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION A TT ACHED) THE LOCATION of your property to be sold is: 33 TRINE AVENUE MOUNT HOLLY SPRINGS, PENNSYL VANIA 17065 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-6492 JUDGMENT AMOUNT $67,936.20 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Infonnation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MA Y HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: -"'.' . BEGINNING at a point on the Westerly line of Trine Avenue [50 feet wide) at the dividing line between Lots 16 and 17 on the hereinafter mentioned plan of lots; thence by said dividing, North 89 degrees 45 minutes West 124.34 feet to a point at lands now or formerly of Dr. Sendi; thence by seid lands now or formerly of Dr. Sendi North 00 degrees 33 minutes 20 seconds East 20.33 feet to an iron pin at the dividing line between Lots 17 and 18 on slad plan; thence by the said dividing line South 89 degrees 45 minutes East 124.24 feet to an iron pin at the westerly line of Trine Avenue; thence by the westerly line of Trine Avenue South 00 degrees 15 minutes West 20.33 feet to e point, the place of BEGINNING. BEING Lot 17 on the plan of lots for Grove and Grove, Inc" dated November 17,1971, revised November 18,1971- recorded in Cumberland County Plan Book 23, Page 65 and being improved with certain townhouse unit known and numbered as 33 Trine Avenue. HAVING THEREON ERECTED A DWELLING KNOWN AS 33 TRINE A VENUE MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065 BEING THE SAME PREMISES WHICH The Housing Authority of the County of Cumberland, by Deed dated 8/24/99 and recorded 8/25/99 in Cumberland County Deed Book 206, Page 452, granted and conveyed unto Michael D. Zimmermand and Angela I. Zimmerman. TO BE SOLD AS THE PROPERTY OF MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN ON JUDGMENT NO. 03-6492 ASSESSMENT NO. 23-32-2336-372 C) C " t~_;) f.:~-' co .<' " ~I o i';l~! r--. !..-: c:; .~{) , :::':~-~ ) .:,~I ,r -' \. ,~:' " \.;;.) WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION ' LAW MICHAEL D. ZIMMERMAN and ANGELA L. ZIMMERMAN NO. 03-6492 IN MORTGAGE FORECLOSURE Defendants MOTION TO AMEND NAME OF DEFENDANT 1. Plaintiff, Wachovia Bank, National Association f/k/a First Union National Bank, as Successor Trustee for Pennsylvania Housing Finance Agency, heretofore filed a Mortgage Foreclosure Complaint in the above case. 2. Defendant is listed as Angela L. Zimmerman. 3. The mortgage documents refer to the correct middle initial of Defendant is Angela I. Zimmerman rather than 4. The said Angela I. Zimmerman has been served with all required documents to date. 5. There is no prejudice to any party by allowing the requested change. WHEREFORE, Plaintiff requests that it be allowed to amend the caption to reflect the correct middle initial of Defendant as Angela I. Zimmerman rather than Angela L. Zimmerman. PURCELL, KRUG & HALLER Dated: March 16, 2004 -~ By: Leon P. H ller 1719 North Front Street Harrisburg, PA 17102,2392 (717) 234,4178 Attorney ID #15700 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Motion to Amend Name of Defendant are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 04904 relating to unsworn falsification to authorities. Dated: March 16, 2004 ';h, ---'-- .,- Leon P. Haller WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY plaintiff vs. MICHAEL D. ZIMMERMAN and ANGELA L. ZIMMERMAN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ' LAW NO. 03,6492 IN MORTGAGE FORECLOSURE CERTIFICATION I hereby certify that a copy of this document has been served on all parties or their counsel of record. Dated: March 16, 2004 PURCELL, KRUG & HALLER ~ ~ By: Leon P. aller 1719 North Front Street Harrisburg, PA 17102'2392 (717) 234,4178 Attorney ID #15700 Attorney for Plaintiff >.",/~. () MAR 2 3 2004 i WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION ' LAW MICHAEL D. ZIMMERMAN and ANGELA L. ZIMMERMAN NO. 03,6492 IN MORT(~GE FORECLOSURE Defendants R U L E T 0 S HOW C A USE AND NOW, this .2.5..lf,day of ~" L , 2004, Rule is hereby issued to show cause, if any, the caption should not be amended to reflect the correct middle initial of Defendant as Angela I. Zimmerman rather than Angela L. Zimmerman. RULE RETURNABLE: \0 days after service. BY THE COURT: , J. >- a: ." 1--' UJ~:) ?i!b !.L ;:!- 9~ ~O- a;W IE u... o co N N :::!:: a.. \D N a::: <t x: -=r = = "" ?: 7 f3~ ." ~~ I'~~ L,n~tJ ."",...:. .J_ :r~ -, U W ACHOVIA BANK, NATIONAL ASSOCIATION F/KIA FIRST UNION NATIONAL BANK, AS : IN THE COURT OF COMMON PLEAS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE : CUMBERLAND COUNTY, PENNSYLVANIA AGENCY Plaintiff vs. CIVIL ACTION - LAW MICHAEL D. ZIMMERMAN and ANGELA 1. ZIMMERMAN NO. 03-6492 IN MORTGAGE FORECLOSURE Defendants CERTIFICATE OF SERVIC]~ I, Leon P. Haller, Attorney for Plaintiff, hereby certify that a true and correct copy of the Motion to Amend Name of Defendant and Rule to Show Cause was forwarded to Defendants by regular U. S. Mail, first class service, postage prepaid, on March 30, 2004, addressed as follows: Michael D. Zimmerman 33 Trine Avenue Mount Holly Springs, P A 17065 Angela Zimmerman 33 Trine Avenue Mount Holly Springs, P A 17065 (~~ Leon P. Haller Dated: March 30, 2004 ,-, c:: 2'; 0f~." .0:.:"-:'- ~ :? ::Jt; ~ c..:> (./:~ t:';,' _'~ k:- ...--'; ,,<- j~~- >>'7' 3. - ~ ....; ::r;..,., rn r=: ~~ ::.:i-r-i ..J.--"!J ~t) c5rn -, -s;'"' ~ po; :1" - - .' t>> .r:- " '3, (,. '10- L(" { LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINKA BRIAN J. TYLER NICHOLE M. STALEY Q'GORMAN qp~~~~ 1719 NORTH FRONT STREET HARRISBURG, PENNSYL VANIA 17102.2392 TELEPHONE (717) 234-4178 FAX (717) 234.1206 HERSHEY (7]7)533-3836 JOSEPH NISSLEY (J910-]982} JOHN W. PURCELL VALERIE A. GUNNOF COUNSEL MICHAEL D. ZIMMERMAN 33 TRINE A VENUE MOUNT HOLLY SPRINGS, P A 17065 ANGELA 1. ZIMMERMAN 33 TRINE A VENUE MOUNT HOLLY SPRINGS, P A 17065 County of Cumberland One Courthouse Square Carlisle, P A 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. ofPA 419 Stonehedge Drive, Suite 2 Carlisle, PA 17013 Housing Authority of the County of Cumberland 114 North Hanover Street Carlisle, P A 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale. By: ler PA LD.15700 Attorney for Plaintiff W ACHOVIA BANK, NATIONAL ASSOCIATION FIKI A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LA W PLAINTIFF NO. 03-6492 VS. IN MORTGAGE FORECLOSURE MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, DEFENDANT(S) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: Wednesday, June 09, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION A TT ACHED) THE LOCATION of your property to be sold is: 33 TRINE AVENUE MOUNT HOLLY SPRINGS, PENNSYL VANIA 17065 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-6492 JUDGMENT AMOUNT $67,936.20 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. InfonTIation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTL Y. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MA Y HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: """ " BEGINNING at a point on the Westerly line of Trine Avenue (50 feet wide) at the dividing line between Lots 16 and 17 on the hereinafter mentioned plan of lots; thence by said dividing, North B9 degrees 45 minutes West 124.34 feet to a point at lands now or formerly of Dr. Sendi; thence by said lands now or formerly of Dr. Sendi North 00 degrees 33 minutes 20 seconds East 20.33 feet to an iron pin at the dividing line between Lots 17 and 18 on siad plan; thence by the said dividing line South 89 degrees 45 minutes East 124.24 feet to an iron pin at the westerly line of Trine Avenue; thence by the westerly line of Trine Avenue South 00 degrees 15 minutes West 20.33 feet to a point. the place of BEGINNING. BEING Lot 17 on the plan of lots for Grove and Grove, Inc.. dated November 17, 1971, revised November 1 B, 1971, recorded in Cumberland County Plan Book 23, Page 65 and being improved with certain townhouse unit known and numbered es 33 Trine Avenue. HAVING THEREON ERECTED A DWELLING KNOWN AS 33 TRINE A VENUE MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065 BEING THE SAME PREMISES WHICH The Housing Authority of the County of Cumberland, by Deed dated 8/24/99 and recorded 8/25/99 in Cumberland County Deed Book 206, Page 452, granted and conveyed unto Michael D. Zimmennand and Angela I. Zimmennan. TO BE SOLD AS THE PROPERTY OF MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN ON JUDGMENT NO. 03-6492 ASSESSMENT NO. 23-32-2336-372 Wachovia Bank, National Association flkla First Union National Bank, as Trustee for Pennsylvania Housing Finance Agency VS Michael D. Zimmerman and Angela 1. Zimmerman In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6492 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Leon P. Haller. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Law Journal Patriot News Share of Bills Law Library Prothonotary 30.00 8.71 15.00 15.00 8.28 15.00 30.00 212.70 78.67 29.26 .50 1.00 $444.12 paid by attorney 06/07/04 ~ow:~, "'"' ~ - 4 This j()-dayo . ~ ~1 R. Thomas Kline, Sheriff 2004,AD.( 71'-<-> a 1h-;.6~ ~'ByJ'r,.L~~ Prothonotary Rea~~ ~eputy Sworn and subscribed to before me \.)1l CR.. Y (, o::,'g ') /5;;' o:;..'f j"(L.L-. Real Estate Sale #84 On March II, 2004 the sherifflevied upon the defendant's interest in the real property situated in Mt. Holly Springs Borough, Cumberland County, PA Known and numbered as 33 Trine Avenue, Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March II, 2004 By:~/C cUtJ~-t~ Real Estate Deputy l '"'. , 7 n I "~Il '" 0., .,-,l ' U" .3i\iJH : :. I') j..:L1v '. J ~ ~ ~ ~ PROO IN ( (Under Act - STATE OF PENNSYL V ANI COUNTY OF CUMBERLAl Lisa Marie Coyne, Ei State aforesaid, being duly S~ Journal, a legal periodical pul .___ ~ot~hlished January 2, 1 ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 STATEOFPENNSYLVANIA : 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 J oumal, 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 Joumal on the following dates, VIZ: APRIL 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. REAL ESTATE SALE NO. 84 Wrlt No. 2003-6492 eMl Wachovia Bank. National Association f/k/a First Union National Bank. as Trustee for Pennsylvania Housing Finance Agency v.. Michael D. Zimmerman and Angela L. Zimmerman Atty.: Leon p, Haller ALL that certain tract ofland situ- ate in the Borough of Mount Holly Springs, Cumberland County, Penn- sylvania. more particularly bounded and described as follows, to wit: BEGINNING at a point on the Westerly line of Trine Avenue (50 feet wide) at the dividing line be- tween Lots 16 and 17 on the herein- after mentioned plan of lots: thence by said dMdlng, North 89 degrees 45 minutes West 124.34 feet to a point at lands now or formerly of Dr. Sendi; thence by said lands now or formerly of Dr. Send! North 00 degrees 33 minutes 20 seconds East 20.33 feet to an iron pin at the dividing line between Lots 17 and 18 on said plan: thence by the said dividing line South 89 degrees 45 minutes East 124.24 feet to an iron pin at the westerly line of Trine Ave- nue; thence by the westerly line of Trine Avenue South 00 degrees 15 minutes West 20.33 feet to a point, the place of BEGINNING. BEING Lot 17 on the plan of lots for Grove and Grove. Inc.. dated No- vember 17, 1971, revised November 18, 1971, recorded in Cumberland County Plan Book 23, Page 65 and being improved with certain town- house unit known and numbered as 33 Trine Avenue. HAVING THEREON erected a SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 ~~).) . , _~,IcVA../ N~RiAi SEAL (j LOIS E. SNYDER, Notary Public Carlisle Bore, Cumberland County My Commission Expires March 5, 2005 F Westerly line OJ t ~h_ feet wide) at the dlviding line be~ tween Lots 16 and 17 on the herein. after mentioned plan of lots; thence by said dividing. North 89 degrees 45 minutes West 124.34 feet to a point at lands now or formerly of Dr. Sendt; thence by said lands now or fonnerly of Dr. Sendi North 00 degrees 33 minutes 20 seconds East 20.33 feet to an iron pm at the dividing line between Lots 17 and 18 on said plan; thence by the sald diViding line South 89 degrees 45 minutes East 124.24 feet to an iron pin at the westerly line ofTIine Ave- nue; thence by the westerly line of Tline Avenue South 00 degrees 15 minutes West 20.33 feet to a point. the place of BEGINNING. BEING Lot 17 on the plan of lots for Grove and Grove, Inc.. dated No- vember 17, 1971, revised November 18. 1971. recorded in Cumberland County Plan Book 23. Page 65 and being improved with certain. town- house unit knOVJI1 and numbered as 33 Trine Avenue. HAVING THEREON erected s dwelling knOMl as 33 '!'rine Avenue Mount Holly Springs. PennsylVania 17065. BEING THE SAME PREMISES WHICH The Housing Authoriry of the County of Cumberland, by Deed dated 8/24/99 and recorded 8/25/ 99 in Cumberland County Deed Book 206. Page 452. granted and conveyed unto Michael D. Zimmermand and Angela 1. Zimmerman, TO BE SOLD AS the property of Michael D. Zimmerman and .Angela L. Zimmerman on Judgment No. 03.6492. ASSESSMENT NO. 23,32,2336- 372, ~ --" THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under M 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 8t2 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and~ 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 27th day(s) of April 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 direct rs f the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Cou ty, f Da hin it!. Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #84 i\"- lerry L.1~-:tNo'a~:U~~\y ;24 /p..d/ ~ ml 01 H~rrloburg, ~~p June 6, 2006 NARY PUBLIC /v,v cummlsslon ExP I r no,Notlll'" . .~;lll,.\VanlaAuoC a te My commission expires June 6, 2006 M/;rnt;ul,r CUMBERLAND COUNIY SHERIFFS OFFICE CUMBERLAND COUNIY 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 $ 78.67 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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.................................................................... r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiViL DiVISION - LAW AT NO. 03-6492 DEFENDANT(S) Total Judgment Amount Interest Per diem of $11.66 to sale date 12/8/04 Late Charges $16.73 per month to sale date 12/8/04 Escrow Deficit $1,117.14 Property Inspection $167.00 TOTAL WRIT $74,064.49 'Plus additional interest, late charges and other costs to date of sherifrs sale. SALE DATE: WEDNESDAY, DECEMBER 8, 2004 $67,936.20 / $3,999.38 WACHOVIA BANK, NATIONAL ASSOCiATION FIK/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF $844.77 VS. MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, (PROTHONOTARY'S USE) Plff Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: September 7, 2004 Attorney for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisry the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 33 TRINE A VENUE MOUNT HOLLY SPRINGS,PENNSYLVANIA 17065 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: ",,<'. BEGINNING at a point on the Westerly line of Trine Avenue (50 feet wide) at the dividing line between Lots 16 and 17 on the hereinafter mentioned plan of lots; thence by said dividing, North 89 degrees 45 minutes West 124.34 feet to a point at lands now or formerly of Or. Sendi; thence by said lands now or formerly of Dr. Sendi North 00 degrees 33 minutes 20 seconds East 20.33 feet to an iron pin at the dividing line between Lots 17 and 18 on slad plan; thence by the said dividing line South 89 degrees 45 minutes East 124.24 feet to en iron pin at the westerly line of Trine Avenue: thence by the westerly line of Trine Avenue South 00 degrees 15 minutes West 20.33 feet to a point, the place of BEGINNING. BEING Lot 17 on the plan of lots for Grove and Grove, Inc., deted November 17, 1971, revised November 18,1971, recorded in Cumberland County Plan Book 23, Page 65 and being improved with certain townhouse unit known and numbered as 33 Trine Avenue. HAVING THEREON ERECTED A DWELLING KNOWN AS 33 TRINE A VENUE MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065 BEING THE SAME PREMISES WHICH The Housing Authority of the County of Cumberland, by Deed dated 8/24/99 and recorded 8/25/99 in Cumberland County Deed Book 206, Page 452, granted and conveyed unto Michael D. Zimmennand and Angela I. Zimmennan. TO BE SOLD AS THE PROPERTY OF MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN ON JUDGMENT NO. 03-6492 ASSESSMENT NO. 23-32-2336-372 ~ c;:, ~ 7' ~, "-.. ~ ~ ~ -....:. ~ ~J ~ \.;'1 'fA. .. .... .... ~ - -C: ~ C7\ \v, c-, ~, 6' 9...) . ....Q '!\ ~, ..... -. <> " '" ~~ <. '" r, ,~ ' '" V) 0 Co ~:. ~'''-j~ -<> ""- '>L 9- 3..~ ~~ ~ -- +-- ~ ~ '-.::: <... \ ~ "- " ~ ?> '" " "-.. :;;7 , -:-- C> Co "V ~ (J <> ~ > ..y- ,- .' r""} f~;:?. '.:;:- ~ :"" f~" ';;{\ .~., -_'-c ---, ""J \ C) (:~ - ("-') WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-6492 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK NATIONAL ASSOCIATION f/k1a FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintjff(s) From MICHAE]~ D AND ANGELA L ZIMMERMAN, 33 TRINE AVENUE, MT HOLLY SPRINGS PA 17065. (I) You are directed to levy upon the property ofthe defendant (s)and to sell REAL ESTATE LOCA TEl> AT 33 TRINE AVENUE, MT HOLLY SPRINGS P A 17065 (SEE LEGAL DESCRITION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the 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 hinvber that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $67,936.20 L.L. Interest @ $11.66 per diem TO 12/8/04 = $3,999.38 Atty's Carom % Due Prothy $1.00 Atty Paid $586.76 Other Costs LATE CHARGES@$16.73/MO TO 1218/04 = $844.77: ESCROW DEFICIT = $1,117.14: PROPERTY INSPTECTION = $167.00 Plaintiff Paid Date: SEPTEMBER 8, 2004 CURTIS R. LONG (Seal) pr~jth otary ~ f,~! ~ By. ~ Ai. . , . D"eputy REQUESTING PARTY: Name LEON PHALLER ESQIDRE Address: 1719 N FRONT ST HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No. 15700 W ACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION LAW PLAINTIFF NO. 03-6492 VS. IN MORTGAGE FORECLOSURE MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, DEFENDANT NON.MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this lPday of ~' 204 ~{l(~ (Y1 &~' Notary Public COMMONWEALTH OF PENNSYLVANIA NofBrial Seal I Tracj M. B~mst.in, Notary Public C. of Hamsburg. Dao hin Coon My 2'ommission Expires Aug. 21. 2~()7 Member, PennsylvanJa Association of Notarfe$ ~ W ACHOVIA BANK, NATIONAL ASSOCIATION FIKIA FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW PLAINTIFF NO. 03-6492 VS. IN MORTGAGE FORECLOSURE MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, DEFENDANT(S) AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 33 TRINE A VENUE MOUNT HOLLY SPRINGS, PENNSYL VANIA 17065: I. Name and address of the Owner(s) or Reputed Owner(s): MICHAEL D. ZIMMERMAN 33 TRINE AVENUE MOUNT HOLLY SPRINGS, P A 17065 ANGELA 1. ZIMMERMAN 33 TRINE AVENUE MOUNT HOLLY SPRINGS, P A 17065 2. Name and address ofDefendant(s) in the Judgment, if different from that listed. in (I) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): County of Cumberland One Courthouse Square Carlisle, P A 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. ofPA 419 Stonehedge Drive, Suite 2 Carlisle, P A 17013 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Housing Authority of the County of Cumberland 114 North Hanover Street Carlisle, P A 17013 Tenant/Occupant 33 Trine Avenue Mount Holly Springs, P A 17065 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated. ) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to autho .. . L-e\"5ilP er ~o Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 7, 2004 r--:> C" (:;~ -'el ()) " ,..., I': -, ;.,'.......: i' 'h~. i~' (') WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION LAW PLAINTIFF NO. 03-6492 VS. IN MORTGAGE FORECLOSURE MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, DEFENDANT(S) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 8, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCA TION of your property to be sold is: 33 TRINE A VENUE MOUNT HOLLY SPRINGS, PENNSYL VANIA 17065 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-6492 JUDGMENT AMOUNT $67,936.20 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN A SCHEDULl<: OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249.3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: ...',. . BEGINNING at a point on the Westerly line of Trine Avenue (50 feet wide) at the dividing line between Lots 16 and 17 on the hereinafter mentioned plan of lots; thence by said dividing, North 89 degrees 45 minutes West 124.34 feet to a point at lands now or formerly of Dr. Sendi; thenca by said lands now or formerly of Dr. Sendi North 00 degrees 33 minutes 20 seconds East 20.33 feet to an iron pin at the dividing line between Lots 17 and 18 on siad plan; thence by the said dividing line South 89 degrees 45 minutes East 124.24 feet to an iron pin at the westerly line of Trine Avenue; thence by the westerly line of Trine Avenue South 00 degrees 15 minutes West 20.33 feet to a point, the place of BEGINNING. BEING Lot 17 on the plan of lots for Grove and Grove, Inc., dated November 17, 1971, revised November 18,1971, recorded in Cumberland County Plan Book 23, Page 65 and being improved with certain townhouse unit known and numbered as 33 Trine Avenue. HAVING THEREON ERECTED A DWELLING KNOWN AS 33 TRINE A VENUE MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065 BEING THE SAME PREMISES WHICH The Housing Authority of the County of Cumberland, by Deed dated 8/24/99 and recorded 8/25/99 in Cumberland County Deed Book 206, Page 452, granted and conveyed unto Michael D. Zimmennand and Angela 1. Zimmennan. TO BE SOLD AS THE PROPERTY OF MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN ON JUDGMENT NO. 03-6492 ASSESSMENT NO. 23-32-2336-372 WACHOVIA BANK, NATIONAL ASSOCIATION F/KI A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW PLAINTIFF NO. 03-6492 VS. IN MORTGAGE FORECLOSURE MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, DEFENDANT(S) NOTICE OF SHERIFF'S SALE OF RE:AL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be: held: DATE: Wednesday, December 8, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION A IT ACHED) THE LOCATION of your property to be sold is: 33 TRINE AVENUE MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065 THE JUDGMENT under or pursuant to which your prop(:rty is being sold is docketed in the within Commonwealth and County to: JUDGMENT AMOUNT $Ci7,936.20 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: No. 03-6492 MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address spf:cified herein. THIS PAPER IS A NOTICE OF THE TIME AND I'LACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINJ[) OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty A venue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Ple:as of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights me:ntioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & Hi\LLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: "'... BEGINNING at a point on the Westerly fine of Trine Avenue (50 feet wide) at the dividing line between Lots 16 and 17 on the hereinafter mentioned plan of lots; thence by said dividing, Nc.rth B9 degrees 45 minutes West 124.34 feet to a point at lands now or formerly of Dr. Sendi; thence by said lands nClW or formerly of Dr. Sendi North 00 degrees 33 minutes 20 seconds East 20.33 feet to an iron pin at the dividing line between Lots 17 and 1 B on siad plan; thence by the said dividing line South 89 degrees 45 minutes East 124.24 feet to an iron pin at the westerly line of Trine Avenue; thence by the westerly line of Trine Avenue South 00 degrees 15 minutes West 20.33 feet to a point, the place of BEGINNING. BEING Lot 17 on the plan of Jots for Grove and Grove, Inc., dated November 17, 1971, revised November 18,1971, recorded in Cumberland County Plan Book 23, Page 65 and being improved with certain townhouse unit known and numbered as 33 Trine Avenue. HA VING THEREON ERECTED A DWELLING KNOWN AS 33 TRINE A VENUE MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065 BEING THE SAME PREMISES WHICH The Housing Authority of the COlmty ofCwnberland: by Deed dated 8/24/99 and recorded 8/25/99 in Cwnberland COMty Deed Book 206, Page 452, granted and conveyed MtO Michael D. Zimmermand and Angela 1. Zimmerman. TO BE SOLD AS THE PROPERTY OF MICHAEL D. ZIMMERlv1AN AND ANGELA L. ZIMMERMAN ON JUDGMENT NO. 03-6492 ASSESSMENT NO. 23-32-2336-372 "" <="':.l C:t c,:) -rj a , ''') -, W -cJ _I.),. (..) < -) r- ~. 0:'1 / W ACHOVIA BANK, NATIONAL ASSOCIATION FfKJA FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW PLAINTIFF NO. 03-6492 VS. IN MORTGAGE FORECLOSURE MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, DEFENDANT(S) RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 10 II ~ loy- , a true and correct copy of the Notice of Sale of Real Estate pursuant to P A R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: MICHAEL D. ZIMMERMAN 33 TRINE A VENUE MOUNT HOLLY SPRINGS, P A 17065 ANGELA L. ZIMMERMAN 33 TRINE AVENUE MOUNT HOLLY SPRINGS, P A 17065 County of Cumberland One Courthouse Square Carlisle, P A 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. ofP A 419 Stonehedge Drive, Suite 2 Carlisle, P A 17013 Housing Authority of the County of Cumberland 114 North Hanover Street Carlisle, P A 17013 Tenant/Occupant 33 Trine Avenue Mount Holly Springs, P A 17065 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 ~ By ~ PURCELL,~G & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINKA BRIAN J. TYLER NICHOLE M. STALEY O'GORMAN pjJ~ ~!f ~/kt 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL VALERIE A. GUNNOF COUNSEL MICHAEL D. ZIMMERMAN 33 TRINE AVENUE MOUNT HOLLY SPRINGS, P A 17065 ANGELA L. ZIMMERMAN 33 TRINE AVENUE MOUNT HOLLY SPRINGS, P A 17065 County of Cumberland One Courthouse Square Carlisle, P A 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. ofPA 419 Stonehedge Drive, Suite 2 Carlisle, P A 17013 Housing Authority of the County of Cumberland 114 North Hanover Street Carlisle, P A 17013 Tenant/Occupant 33 Trine Avenue Mount Holly Springs, P A 17065 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the rea.l estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale. By: W ACHOVIA BANK, NA TIONAL ASSOCIATION FfKJA FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW PLAINTIFF NO. 03-6492 VS. IN MORTGAGE FORECLOSURE MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, DEFENDANT(S) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 8, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries ofthe property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION A TT ACHED) THE LOCATION of your property to be sold is: 33 TRINE AVENUE MOUNT HOLLY SPRINGS, PENNSYL VANIA 17065 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-6492 JUDGMENT AMOUNT $67,936.20 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 ALL that certain tract of land situate in the Borough of Mount Holly Spring~i, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: ';;":.'. . BEGINNING at a point on the Westerly line of Trine Avenue (50 feet wide) at the dividing line between Lots 16 and 17 on the hereinafter mentioned plan of lots; thence by said dividing, North 89 degrees 45 minutes West 124.34 feet to a point at lands now or formerly of Dr. Sendi; thence by said lands now or formerly of Dr. Sendi North 00 degrees 33 minutes 20 seconds East 20.33 feet to an iron pin at the dividing line between Lots 17 and 18 on siad plan; thence by the said dividing line South 89 degrees 45 minutes East 124.24 feet to an iron pin at the westerly line of Trine Avenue; thence by the westerly line of Trine Avenue South 00 degrees 1!) minutes West 20.33 feet to a point, the place of BEGINNING. BEING Lot 17 on the plan of lots for Grove and Grove, Inc., dated November 17, 1971, revised November 18, 1971, recorded in Cumberland County Plan Book 23, Page 65 and being improved with certain townhouse unit known and numbered as 33 Trine Avenue. HAVING THEREON ERECTED A DWELLING KNOWN AS 33 TRINE A VENUE MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065 BEING THE SAME PREMISES WHICH The Housing Authority of the County of Cumberland, by Deed dated 8/24/99 and recorded 8/25/99 in Cumberland County Deed Book 206, Page 452, granted and conveyed unto Michael D. Zimmermand and Angela 1. Zimmerman. TO BE SOLD AS THE PROPERTY OF MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN ON JUDGMENT NO. 03-6492 ASSESSMENT NO. 23-32-2336-372 2. Article Number III ~IIIIIIIIIII 7.L60 31fJ)' celfa IfblfJ aa3D 3. Service Type CERTIFIED MAIL ~ 'stricted Delivery? (Extra Fee) 1. Article Addressed to: Yes ANGELA L. ZIMMERMAN 33 TRINE AVENUE MOUNT HOLLY SPRINGS, P A 17065 - -.2~ -ArtioIe-N~.r-- _.-- ______.h._____'._________ .-.-.--- --~---- 111111111111 7],60 3'IJJ. .lfa Ifb'IJ Mlf7 3. Service Type CERTIFIED MAIL 4. Re"trlcted Delivery? (Extra Fee) Yes 1. Article Addressed to: MICHAEL D. ZIMMERMAN 33 TRINE AVENUE MOUNT HOLLY SPRINGS, PA 17065 7l.1.D 3IIl1. CW4& ltb'll &6&17 TO: MICHAEL D. ZIMMERMAN 33 TRINE A VENUE MOUNT HOLLY SPRINGS, P A 17065 SENDER: REFERENCE: PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail , '< r ~ \, ) _\, , j No Insurance Coverage Provided Do Not Use for International Mail . , - --...... '" '" '.:".......~-'"/' o Agent [ \"'t'l)~ei O. Is delivery ss different fr item 1? ~ 0 Yss ! II YES, enter delivery addre fow: 0 No i 803 FAfUy)I1t)~7CIV D~ 1 ~.~ P A- (7 2...<5 7 1 RESTR DELIVERY ..-_1 , - .--' O~nt i Addressee : ~! 303 FIJ {lfYJ I W70kJ De i Slff>6 PA I1LS7 ! O. Is delivery rent from "em 1'1 If YES, enter delivery address below: RESTRICTED DELIVERY 7l.1.D :HJ]. CWt& ltb'lO M3D IIIpt TO: ANGELA L. ZIMM1~RMAN 33 TRINE AVENUE MOUNT HOLLY SPRINGS, PA 1706; SENDER: REFERENCE: PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delive Total Postage & Fees US P()stal Service PO~~'TE Receipt for Certified Mail No Insurancll Coverage Provided :/ " ' " . )6' J Do Not Use 'lor International Mail J (, '-.. < ,/;:; , S~.../ ~._-_. --._.__.__.__ .__~_________. __ ___.___. _ _.__.__ ~_ ^_Df\J J i.. /' PENNSYLVANIA HOUSING FINANCE AGENCY v. MICHAEL D. ZIMMERMAN ANGELA L. ZIMMERMAN Cumberland County Sale 12/8/04 u. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: MICHAEL D. ZIMMERMAN 33 TRINE AVENUE MOUNT HOLLY SPRINGS, P A 17065 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: ANGELA L. ZIMMERMAN 33 TRINE AVENUE MOUNT HOLLY SPRINGS, P A 17065 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form ,3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: ,.........-:::-::--:--..., /(' SIA 11.1"" /~.:~~/~-~.<; ~'<'\ ,.,... 'iJ / q,> . )~\ , "C> :cil 7'~ 0' -- "ClfAfi' . \6, /' "\ \ .,' .,~~C: ~~", One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Postmark: .~ <)cS'-~t:S~~ /:!?~~ " z I -_~- : ';) ~ PllNl'iBOVlfFS . 02 1A $ 00.900 0004338187 CCT 12 2004 MAilED FROM ZIP CODE 17102 PENNSYLVANIA HOUSING FINANCE AGENCY v. MICHAEL D. ZIMMERMAN ANGELA L. ZIMMERMAN Cumberland County Sale 12/8/04 u. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: County of Cumberland One Courthouse Square Carlisle, P A 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of P A 419 Stonehedge Drive, Suite 2 Carlisle, P A 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form ;~877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: \ '..1 ; ,;~~ A ~.(C!::, '~, I"" \., .,; ':f> . " . ',::\ ;:rl( . /~ )'~i 'L~"~ :.tit . " e;,. \('~ l, > \~s:'o<.' l " ::. pll ~ One piece of ordinary mail addressed to: Housing Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 Postmark: ~~POS1:.j II o~ ~~- . : fg {i, ': :;,w~-- % ~ ~ PI1Ni'i &oWt:S .' ~2 14 $ 00.9004 .. 0004338187 C:X:T12200 . MAILE.D FROM ZIP CODE. 1 71 02 PENNSYLVANIA HOUSING FINANCE AGENCY v. MICHAEL D. ZIMMERMAN ANGELA L. ZIMMERMAN Cumberland County Sale 12/8/04 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comoliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Tenant/Occupant 33 Trine Avenue Mount Holly Springs, P A 17065 Postmark: .'.;1 .~ , t:) (.t~i . ~ \'~ ~ ~~o 4; , ,f" A' . en, rfy-t--<''i.S p~C\<- . S~-~.::=.I-- "" ; '. ~.4fUI8IJlJI''-- Z .......-. PI rNFV ROWF:S .:) 1 $ 00.900 , 02,A CCT122004 0004338181 n '. : MAILED FROM ZIP CODE 1 71 u 2 C) .......) (') c_:) c:" ~:. -n ....t.- C', :~ ! '.. r-; .J. ("") n 1 -"'j i -.l , , .-1 , . --n r' -\ ." :..\,... , , .r- >- - ., OJ -r:' Ci COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: (OL;~ t,iq~ I, Robert P. Ziegler, Recorder of Deeds in and for said Cotmty and State do hereby certify at the Sheriffs Deed in which James L Adanls & Teresa M is the grantee the same having been sol to said grantee on the 8th day ofDec AD., 2004, under and by virtue of a writ Execution issued on he 8th day of Sept, AD., 2004, out ofthe Court of Common Pleas of said COMty as of Civil Term, 20 Number 6492, at the suit ofWachovia Bank N A fka First Union Natl Bk tr for Penna Housin Fin Agency against Michael D Zimmerman & Angela L is duly recorded in Sheriffs Deed Book N . 267, Page 994. IN TESTIMONY WHEREOF, I have hereunto s t my hand and seal of said office this ~~~J s , AD2001r M"lJ ecor er of Deeds RecOlder 01 Deedo, CUmbo1foIId CctmIy, llol1IsIo,l'A My Commission Elq:Iinls the FlnIt MclndIIl'.,......1IIIOI day of Wachovia Bank, National Association f/k/a First Union National Bank, as Trustee for Pennsylvania Housing and Finance Agency VS Michael D. Zimmerman and Angela 1. Zimmerman In The Court of Common Pleas of Cwnberland Cotmty, Pennsylvania Writ No. 2003-6492 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 15,2004 at 2:52 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Michael D. Zimmerman and Angela 1. Zimmerman, by making known unto Angela Zimmerman, personally and wife of Michael D. Zimmerman, at 33 Trine Avenue, Mt. Holly Springs, Cwnberland COtmty, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 07, 2004 at 6:52 o'clock P.M., he posted a true copy of the within Real Estat Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael D. Zimmerman and Angela 1. Zimmerman located at 33 Trine Ave., Mt. Holly Springs, 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 marmer: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Michael D. Zimmerman and Angela 1. Zimmerman, by regular mail to their last known address of 33 Trine Ave., Mt. Holly Springs, P A 17065. These lette s were mailed under the date of October 07,2004 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 December 08, 2004 at 10:00 o'clock A.M. He sold the same or the sum of$61,000.00 to James 1. Adams. It being the highest bid and best price received for the same, James 1. Adams of P.O. Box 82, 10 East South Street, Franklintown, PA 17323, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $63,920.66. Sheriffs Costs: Docketing Potmdage Posting Bills Advertising Acknowledging Deed $30.00 1044.46 15.00 15.00 30.00 Auctioneer Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 10.00 1.00 10.36 15.00 30.00 316.55 299.83 30.42 25.00 39.50 $ 1912.12 Sworn and subscribed to before me This _ day of 2005, AD. Prothonotary ~~~ R. Thomas Kline, Sheriff BY, 10M S~ Real Es~Deputy ,,,, J;v \.1.<<0 ~;:'~'IO . llH ,: WACHOVIA BANK, NATIONAL ASSOCIATION, FIKJA FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANI CIVIL ACTION LAW PLAINTIFF ""'\ NO. 03-6492 {",,~. \',\.,...Al %l~, " IN MORTGAGE FORECLOSURE VS. MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN, DEFENDANT(S) AFFIDAVIT PURSUANT TO RULE 3129.1 ~~.. (;. ' The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as 0 the date the praecipe for the writ of execution was filed, the following information concerning the real p operty located at 33 TRINE AVENUE MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065: I. Name and address of the Owner(s) or Reputed Owner(s): MICHAEL D. ZIMMERMAN 33 TRINE AVENUE MOUNT HOLLY SPRINGS, P A 17065 ANGELA 1. ZIMMERMAN 33 TRINE AVENUE MOUNT HOLLY SPRINGS, P A 17065 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (I) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien n the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): County of Cwnberland One Courthouse Square Carlisle, PAl 7013 Beneficial Conswner Discount Company d/b/a Beneficial Mortgage Co. ofP A 419 Stonehedge Drive, Suite 2 Carlisle, P A 17013 (_:') .- "2 C-' -1\ /) :.r1. ~';~ rnl';' q'" ',~;., ,OJ J e,'-/ ."--, , , , -) tl .. \.....) 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the prop rty and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge ho has any interest in the property which may be affected by the sale: DOMESTIC RELA nONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA ]7013 Housing Authority of the County of Cumberland 114 North Hanover Street Carlisle, P A 17013 Tenant/Occupant 33 Trine Avenue Motmt Holly Springs, P A 17065 (In the preceding information, where addresses could not be reasonably ascertained, e same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of m personal knowledge, information and belief. 1 understand that false statements herein are made sub' ct to the penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to authori . -' /~ , 1 nP erPA1.D.# 5700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A ] 7102 (7] 7) 234-4] 78 DATE: September 7, 2004 ,,'. . j IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV IA WACHOVIA BANK, NATIONAL ASSOCIATION FIKJA FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, CIVIL ACTION LAW PLAINTIFF NO. 03-6492 VS. IN MORTGAGE FORECLOSURE ,..c, <.;.:;) , J.:-- (,/") C.,..., '-'v C". <: MICHAEL D. ZIMMERMAN AND ANGELA 1. ZIMMERMAN, DEFENDANT(S) I; ~ \ C:l NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 0? , ". -- f') TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 8, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cwnberland COtmty Courthouse Carlisle, Pennsylvania 170 I3 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainl ofa statement of the measured boundaries of the property, together with a brief mention of and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) consisting buildings THE LOCATION of your property to be sold is: 33 TRINE AVENUE MOUNT HOLLY SPRINGS, PENNSYL VANIA 17065 THE JUDGMENT tmder or pursuant to which your property is being sold is docket d in the within Commonwealth and County to: No. 03-6492 JUDGMENT AMOUNT $67,936.20 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MICHAEL D. ZIMMERMAN AND ANGELA L. ZIMMERMAN , A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or gove ental or corporate entities or agencies being entitled to receive part of the proceeds of the sale receiv d and to be disbursed by the Sherif[ (for example, to banks that hold mortgages and municipalif s that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and di tribution of the proceeds of sale in accordance with this schedule will, in fact, be made tmless someon objects by filing exceptions to it within ten (I 0) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sherif[ of e Court of Common Pleas of the within COtmty at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE F YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YO IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKE TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawye you more specifically of these rights. If you wish to exercise your rights, YOU PROMPTLY. can advise ST ACT , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU C N GET FREE LEGAL ADVICE: Cwnberland COtmty Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within COtmty 0 open the judgment if you have a meritorious defense against the person or company that has enter d judgment against you. You may also file an petition with the same Court if you are aware of a legal efect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas County to set aside the sale for a grossly inadequate price or for other proper cause. MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. the within is petition 3. A petition or petitions raising the legal issues or rights mentioned in the precedin paragraphs must be presented to the Court of Common Pleas of the within County. The petition must served on the attorney for the creditor or on the creditor before presentation to the court and a propo ed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Ad inistrator's Office - Civil Division, of the within County Courthouse, before a presentation of the pe tion to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 , , '. , ALL that certain tract of land situate in the Borough.of Mount Holly Springs, Cumberland County, Pe nsylvania, more particularly bounded and described as follows, to wit: - .. BEGINNING at a point on the Westerly line of Trine Avenue (50 feet wide) at the dividing line bet en Lots 16 and 17 on the hereinafter mentioned plan of lots; thence by said dividing, North 89 degrees 4-5 minutes est 124.34 feet to a point at lands now or formerly of Dr. Sendi; thence by said lands now or formerly of Dr. Sendi orth 00 degrees 33 minutes 20 seconds East 20.33 feet to an iron pin at the dividing line between Lots 17 and 18 on iad plan; thence by the said dividing line South 89 degrees 45 minutes East 124.24 feet to an iron pin at the west rly line of Trine Avenue; thence by the westerly line of Trine Avenue South 00 degrees 15 minutes West 20.33 fe t to a point, the place of BEGINNING. BEING Lot 17 on the plan of lots for Grove and Grove, Inc., dated November 17, 1971, revised Nov mber 18,1971, recorded in Cumberland County Plan Book 23, Page 65 and being Improved with certain townhouse unit known and numbered as 33 Trine Avenue. HAVING THEREON ERECTED A DWELLING KNOWN AS 33 TRINE A VENUE MO T HOLLY SPRINGS, PENNSYLVANIA 17065 BEING THE SAME PREMISES WHICH The Housing Authority of the County of Cumberlan ,by Deed dated 8/24/99 and recorded 8/25/99 in Cwnberland County Deed Book 206, Page 452, granted nd conveyed unto Michael D. Zimmermand and Angela 1. Zimmerman. TO BE SOLD AS THE PROPERTY OF MICHAEL D. ZIMMERMAN AND ANGELA 1. ZIMMERMAN ON JUDGMENT NO. 03-6492 ASSESSMENT NO. 23-32-2336-372 " WRIT OF EXECUTION andlor A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) ..' COUNTY OF CUMBERLAND) NO 03-6492 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due W ACHOVIA BANK NATIONAL ASSOCIATION k/a FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINA E AGENCY PIaintiff(s) From MICHAEL D AND ANGELA L ZIMMERiV1AN, 33 TRINE AVENUE, MT HOLLY SPRINGS PA 17065. (1) You are directed to levy upon the property of the defendant (sland to sell REAL ESTATE LOCATED AT 33 TRINE AVENUE, MT HOLLY SPRINGS P A 17065 (SEE LEG DESCRITION) . (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 gamishee(s) is enjoined rom paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defe dant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possessio of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added s a garnishee and is enjoined as above stated. Amount Due $67,936.20 1.1. Interest @ $11.66 per diem TO 12/8/04 = $3,999.38 Atty's Conun % Due Prothy $1.00 Atty Paid $586.76 Other Costs LATE CHARGES@$16.73/MO TO 1218/04 = $844.77: ESCROW DEfiCIT = $1,117.14: PROPERTY INSPTECTION = $167.00 Plaintiff Paid Date: SEPTEMBER 8, 2004 CURTIS R. LONG Proth (Seal) By: REQUESTING PARTY: Name LEON PHALLER ESQUIRE Address: 1719 N FRONT ST HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No. 15700 Real Estate Sale #50 On September 09, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Mount Holly Springs Borough, Cumberland County, P A Known and numbered as 33 Trine Ave., Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 09,2004 By:Jf'A I ,f<IAA; J-~ Real ~ D"e"p\rty '4j ), S H : : 3 l~ :'<{ " , .c' o:.":J ). .l .' ~ ;I;i[,:,.. L ,., , -" -~ " (3 E:V;J c::;:;:;] = (5~ GVil REAL ESTATE SALE No. 50 Writ No. 2003-6492 Civil Tenn Wachovla Bank, National. Association f/kfa First Union NatIonal Bank, as li'uslee for , Pennsylvania Housing and Finance Agency . ...": V"."'~i Michael D. Zimmerman and An.r~ ~::an DESCRIPTION . AIL that C<rtlIin lract of laud situate in the Borough. of. Mount Holly SpringS, Cumberland County, Pennsylvania, more paI1icuIarly bounded and described as follows, 10 wit: , . jlEGlNNlNG at a:~!~~~ ._.....llfIoIS;~ ~.I . IiDe, Nlillh 19 iL:9"'4S : '124"34 ,I, fe.rlo. point at1ands;lJOW'<lr Y <<Dr. , Sendi; thence by said IaDds now or fonnedy m ' I Dr. Sendi Norlh 00. de,grees 33 minutes 20 seconds East 20.33 fetit tri an iron pin at the dividing line between Lots 17 and 18 on the said pbn; thence by the said dividing line Sonlh 89 degrees 45 minntes East 124.24 feet 10 an iron pin . at the wes1erly line of 1l:ilie Avenue; thence by the westerly line of Trine Avenue SlllIIh 00 degrees 15 IllinutOs West 2033 feet tri'a point, the phce of BEGINNING. BEING Lot 17 on the ~ oflots for Grove and Grove, Inc., dated Novtmbec 17, 1971, revised November 18, 1971, reconled in Cumberland ColDlly Plan Book 23,' Page 65 and being improved with C<rtlIin townhouse unit known and nnmberedas 33 Trine^"""""' HAVING thereon erecred a dwelling known as 33 Trine Avenue, Mount Holly Springs, PA '17065. . , BEING. TIlE SAME" premises which The Housing Anlhority of the County of Cunlb!mnd, by Deed dated 8I2AI99 and reconled 8125/99 in Cumberland County Deed Boolc'2116, Pagt 452, granlod and conveyed. DDIO Micbael D. 71mmmnan andAngela Zimmerman. TO BE SOlD as the property m Michael D. Zimmennan 'and Angela L. 7JmlJll'Jl1lan' on Indgment No. 03-6492. . ASSESSMENTiI23-32-23362372. - . REAL ESTATE SALE NO. 50 Writ No. 2003-6492 CiVil Wachovia. Bank. National Association. f/k/a First Un.ion National Bank. as Trustee for Pennsylvania Housing and Finance Agency vs. Michael D. Zimmerman and Angela L. Zimmerman Atty.: Leon Haller ALL that certain tract ofland situ- ate in the Borough of Mount Holly Springs. Cumberland Cormty. Penn- sylvania. more particularly bounded and descrtbed as follows. to wit: BEGINNING at a point on the Westerly line of Trine Avenue (50 feet wide) at the dividing line be- tween Lots 16 and 17 on the here- inafter mentioned plan of lots: thence by said dividing, North 89 degrees 45 minutes West 124,34 feet to a point at lands now or for- merly of Dr. Send!: thence by said lands now or formerly of Dr. Send! North 00 degrees 33 minutes 20 seconds East 20.33 feet to an iron pin at the dividirlg line between Lots 17 and 18 on siad plan; thence by the said dividing line South 89 de- grees 45 minutes East ,124.24feet to an iron pin att:l1;e westerly- line of Trine Avenue; thence by the ~ erly line of TIine Avenue South 00 degrees 15 minutes West 20.33 feet to a point. the place of BEGINNING. BEING Lot 17 on the plan of lots for Grove and Grove. Inc.. dated No- vember 17. 1971. revised November 18. 1971, recorded in Cumberland County Pian Book 23. Page 65 and being improved with certain town- house unit known and numbered as 33 Trine Avenue, HAVING THEREON ERECTED a dwelling known as 33 Trine Avenue. Mount Holly Springs. Pennsylvania 17065. BEING THE SAME PREMI5ES WHICH The Housing Authority of the COlIDty of Cumberland. by Deed dated 8/24/99 and recorded 8/25/ 99 in Cumberland County Deed Book 206. Page 452, granted and conveyed unto Michael D. Zimmer- man and Angela L. Zimmerman. TO BE SOLD AS TIlE PROPER- 1Y OF Michael D. Zimmerman and Angela L. Zimmennan on Judgment No. 03-6492 ASSESSMENT NO. 23-32-2336- 372. SCHEDULE OF DISTRIBUTION SALE NO. 50 Date Filed: January 07, 2005 Writ No. 2003-6492 Civil Term Wachovia Bank, National Association f/kla First Union National Bank, as Trustee for Pennsylvania Housing and Finance Agency VS Michael D. Zimmerman and Angela 1. Zimmerman 33 Trine Ave. Mt. Holly Springs, P A 17065 Sale Date: Buyer: Bid Price: December 08, 2004 James 1. Adams $61,000.00 Real Debt: Interest: Attorney Costs: Late Charges Escrow Deficit Property Inspection $67,936.20 3,999.38 586.76 844.77 1,1\7.14 167.00 Total: $74,651.25 DISTRIBUTION: Receipts: Cash on account (09/09/04): Cash on account (12/08/04): Cash on account (12/22/04): $ 1,500.00 6,100.00 57,820.66 Total Receipts: $65,420.66 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Cwnberland COtmty Tax Claim Bureau Mabel Satteson, Local Tax Collector Mount Holly Springs Borough Attorney Purcell Krug & Haller Wachovia Bank Total Disbursements: Balance for distribution: So Answers: ~~~~ e R. Thomas Kline Sheriff $ 1,912.12 200.00 838.10 838.10 998.29 316.72 776.58 1,500.00 58,040.75 ($65,420.66) 0.00 TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLlCY UNLESS SATISFACTOR EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 50 Held Wednesday, December 8, 2004 Date: December 8, 2004 T AXES: Receipts for aU taxes for the years 2001 to 2003 inclusive. Taxes for the curren year 2004. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or se r. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded , 2004, in Cumberland County Deed Book , Page RECIT AL: Being the same premises which the Housing Authority of the Co nty of Cumberland, by deed dated August 24, 1999 and recorded August 25, 1999 in the Offic of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed B k 206, Page 452, granted and conveyed to Michael D. Zimmerman and Angela 1. Zimmerman, usband and wife. OTHER EXCEPTIONS: I. The identity and legal competency of parties at the closing of this title should e established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage n area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 50 feet wide Trine Avenue. 6. Conditions, easements and restrictions shown on or set forth on the Plan of Lots fo Grove and Grove recorded in Cumberland County Plan Book 23, Page 65. 7. Rights in party wall forming a portion of the boundary for the subject premises. 8. Mortgage in the amount of $63,500.00 given by Michael D. Zimmerman and An la 1. Zimmerman to Broadview Mortgage Company dated August 24, 1999 and rec ded August 25, 1999 in Mortgage Book 1566 Page 218. Said mortgage was assigned 0 PHFA by assignment recorded August 25,1999 in Miscellaneous Record Book 6 3, Page 217. Said mortgage was further assigned to Wachovia Bank, N.A., formerl known as First Union National Bank, as Trustee for PHFA, by assignment recor d December 16, 2003 in Miscellaneous Record Book 704, Page 3956. Complaint in mortgage foreclosure filed by Wachovia Bank, N.A. formerly kno n as First Union National Bank as Trustee for PHFA as Plaintiff against Michael D. Zimmerman and Angela L. Zimmerman as Defendants, December 16,2003 in t Office of the Prothonotary of Cumberland County to File No. 2003-6492. Judg ent in the amount of $67,936.20 entered March 10,2004. 9. Mortgage in the amount of $1,091.00, given by Michael D. Zimmerman and An ela J. Zimmerman to Cumberland County dated August 24,1999 and recorded Aug st 25,1999 in Mortgage Book 1566, Page 228. 10. Mortgage in the amount of $19,878.00 given by Michael D. Zimmerman and A gela 1. Zimmerman to Beneficial Consumer Discount Company dated May 7, 2002 d recorded May 7, 2002 in Mortgage Book 1758, Page 271. 11. Subject to Declaration of Trust in favor of United States of America, Secretary f Housing and Urban Development recorded October 6, 1995 in Miscellaneous ecord Book 505, Page 651. 12. Subject to 20- foot wide utility easement along the rear of lots as imposed by v rious deeds in the chain of title. 13. Rights granted to the Borough of Mt. Holly Springs for a storm sewer easeme t by instrument recorded August 18, 1975 in Miscellaneous Record Book 216, Pag 571. 14. Rights granted to Metropolitan Edison Company by instrument recorded Mar h 30, 1972, in Miscellaneous Record Book 198, Page 464. 15. Rights granted to Metropolitan Edison Company by instrument recorded Feb ary 29, 1972, in Miscellaneous Record Book 199, Page 115. 16. Deed of Dedication granted to the Borough of Mt. Holly recorded September 25, 1972 in Deed Book "Y," Volume 24, Page 913. 17. Deed of Dedication granted to the Borough of Mt. Holly recorded in Deed Book" ," Volume 25, Page 478. 18. Building and use restrictions imposed by deed recorded in Deed Book "B," Volu e 23, Page 845. 19. Building and use restrictions imposed by deed recorded in Deed Book "J," Volu e 16, Page 406. 20. Satisfactory evidence to be produced that proper notice was given to the holders fall liens and encumbrances intended to be divested by subject Sherif[ Sale. 21. Real estate taxes accruing on and after January 1,2005 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been mad to determine support arrearages regarding House Bill 1412, Act 58 of 1997, no has any search been made for environmental liens in Federal District Court. \ (~~3 ~ (5~ Robert G. Frey, Agent / Note: This Title Report shall not be valid or nding until countersigned by an authorized signata