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HomeMy WebLinkAbout08-0645PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 170275 SUNTRUST BANK 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. KENNETH W. ZINN, JR 220 BOSLER AVENUE LEMOYNE, PA 17043 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. pS - j45 eivif Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 170275 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 170275 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 170275 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 170275 1. Plaintiff is SUNTRUST BANK 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH W. ZINN, JR 220 BOSLER AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/15/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS A NOMINEE FOR BROADVIEW MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1966, Page: 1928. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 170275 6 The following amounts are due on the mortgage: Principal Balance $123,085.00 Interest $4,602.78 08/01/2007 through 01/29/2008 (Per Diem $25.29) Attorney's Fees $1,250.00 Cumulative Late Charges $269.22 09/15/2006 to 01/29/2008 Cost of Suit and Title Search 750.00 Subtotal $129,957.00 Escrow Credit $0.00 Deficit $450.78 Subtotal $450.78 TOTAL $130,407.78 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 170275 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $130,407.78, together with interest from 01/29/2008 at the rate of $25.29 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP i't (e ) 1? 7.r By: RANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 170275 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly designated and described as follows: BEGINNING at a point on the southerly side of Bosler Avenue, which point is 110.00 feet west of the southwest corner of Second Street and Bosler Avenue; thence South 27 degrees 30 minutes east 150.00 feet to a point on the northerly line of Apple Alley; thence along the latter line South 62 degrees 30 minutes west 52.5 feet to a point; thence North 27 degrees 30 minutes west, passing through the center of a partition wall between the house erected on the tract herein described and that adjoining on the west, 150.00 feet to a point on the southerly line of Bosler Avenue; thence along the latter line North 62 degrees 30 minutes east 52.2 feet to a point, the place of BEGINNING. BEING THE SAME PREMISES by which Randolph A. Shearer by his Deed dated November 16, 2005 and recorded in the Recorder of Deeds Office in and for Cumberland County in Deed Book 272, Page 1042, granted and conveyed unto Michael A. Carrucoli, single. UNDER AND SUBJECT, NEVERTHELESS, to any conditions, covenants, reservations, restrictions, easements and rights of way of record. BEING KNOWN AS 220 BOSLER AVENUE, LEMOYNE, PA 17043 PARCEL NUMBER 12-21-0265-299 File #: 170275 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff DATE: r 11 08 -6C 00 ? 00 o 61 O .C W g o 0 Cn?a CO SHERIFF'S RETURN - REGULAR CASE NO: 2008-00645 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST BANK VS ZINN KENNETH W JR NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ZINN KENNETH W JR the DEFENDANT at 0018:35 HOURS, on the 4th day of February , 2008 at 220 BOSLER AVENUE LEMOYNE, PA 17043 ELENOR ZINN by handing to EX-SPOUSE a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.36 Affidavit .00 Surcharge 10.00 1/0 9/D p? .00 4 3. 3 6 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 02/05/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A. D. PHELAN HALLINAN & SCHMIEG, L.L.P. -By: DANIEL G. SCHMIEG Identification No. 62205 +f Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST BANK 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224 7767 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. KENNETH W. ZINN, JR. 220 BOSLER AVENUE LEMOYNE, PA 17043 Defendant(s). CIVIL DIVISION NO. 08-645 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against KENNETH W. ZINN, JR., Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 01/30/08 to 3/10/08 TOTAL $130,407.78 $1,036.89 $131,444.67 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. ?--?, ? CA LL_"?' Q DANIEL G. SCHMIEG, E Q IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: .3111 o8 PR ROTHY 170275 PHELAN HALLINAN & SCHMIEG, LLP ' By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 SUNTRUST BANK : COURT OF COMMON PLEAS Plaintiff Vs. CIVIL DIVISION CUMBERLAND COUNTY KENNETH W. ZINN, JR Defendants :NO. 08-645 CIVIL TERM TO: KENNETH W. ZINN, JR 220 BOSLER AVENUE LEMOYNE, PA 17043 DATE OF NOTICE: FEBRUARY 26, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTIC. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTERA WRI TEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YO EFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHO EARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 LINDA NGUYEN, L541 Assistant PHELAN HALLINAN & SCHMIEG, L.L.P. - 'By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST BANK 1001 SEMMES AVENUE P.O. BOX 27767 V. Plaintiff, KENNETH W. ZINN, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-645 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KENNETH W. ZINN, JR. is over 18 years of age and resides at, 220 BOSLER AVENUE, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? ? ? ? ? C' ? ?, ? ? (.? r i ? ? 41, (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUNTRUST BANK 1001 SEMMES AVENUE P.O. BOX 27767 V. Plaintiff, KENNETH W. ZINN, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-645 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on -Mar& 11 2009. By: '6da I ed:? FfZIL If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ONE PENN CENTER AT SUBU STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY," PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 jNTRUST BANK V. KENNETH W. ZINN, JR. Plaintiff, Defendant(s). No. 08-645 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 03/11/2008-12/10/2008 (per diem -$21.61) Add'l Costs TOTAL $131,444.67 $5,942.75 and Costs $2,843.50 $140,230.92 C.?J DANIEL G. SCHMIEG, SQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 170275 w? 0 a? a? o? oN U? op HU pd U? H Z' U H a p Sb ? a N H ?? g d i7- 4 w? o? 0 W au w? W V a w en d O C" d a W O a a z d T o ? 0 'd N a rn N -5 d p? rr p? R Q[?]Qy? 4'? T• W 4$ V s? x O V _ D 'q N O ?i Case 1:08-bk-00920-MDF Doc 11 Filed 05/12/08 Entered 05/12/08 09:41:12 Desc 0. Main Document Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: KENNETH WILLIAM ZINN, JR. Bk. No. 1:08-bk-00920 MDF Debtor Chapter No. 07 SUNTRUST BANK Movant v. 11 U.S.C. §362 KENNETH WILLIAM ZINN, JR. A/K/A KENNETH W. ZINN, JR Respondent and MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of SUNTRUST BANK (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 220 BOSLER AVENUE, LEMOYNE, PA 17043, as more frilly set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and SUNTRUST BANK may immediately enforce and implement this Order granting relief from the automatic stay. By file C"om't, 71 ?doj Be II ud C (JDK) Ms document is electronically signed and filed on tAw same date. Dated: May 12, 2008 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST BANK Plaintiff, V. KENNETH W. ZINN, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-645 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 111_?'19& aAl?? DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff 17 SUNTRUST BANK Plaintiff, CUMBERLAND COUNTY V. COURT OF COMMON PLEAS KENNETH W. ZINN, JR. CIVIL DIVISION Defendant(s). NO. 08-645 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SUNTRUST BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,220 BOSLER AVENUE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH W. ZINN, JR. 220 BOSLER AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK TAMANINI 124 16TH STREET NEW CUMBERLAND, PA 17070 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare T PL Casualty Unit Estate Recovery Program 220 BOSLER AVENUE LEMOYNE, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 22, 2008 DATE Ld 4. LV22?? DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff C`'? :.?? -? -.- ,`? - c-? ------?y ?:._. 6:.. ? ,.., t ? ? ?) ? J l__ P? .? r ;.'t' ' l i.:n ?M.. _.. ? i _ ,? ??„ r SUNTRUST BANK Plaintiff, CUMBERLAND COUNTY V. KENNETH W. ZINN, JR. Defendant(s). No. 08-645 CIVIL TERM July 22, 2008 TO: KENNETH W. ZINN, JR. 220 BOSLER AVENUE LEMOYNE, PA 17043 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 220 BOSLER AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $131,444.67 obtained by SUNTRUST BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly designated and described as follows: BEGINNING at a point on the southerly side of Bosler Avenue, which point is 110.00 feet west of the southwest corner of Second Street and Bosler Avenue; thence South 27 degrees 30 minutes east 150.00 feet to a point on the northerly line of Apple Alley; thence along the latter line South 62 degrees 30 minutes west 52.5 feet to a point; thence North 27 degrees 30 minutes west, passing through the center of a partition wall between the house erected on the tract herein described and that adjoining on the west, 150.00 feet to a point on the southerly line of Bosler Avenue; thence along the latter line North 62 degrees 30 minutes east 52.2 feet to a point, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Kenneth W. Zinn, Jr., single, by Deed from Michael A. Carrucoli, single, dated 09/15/2006, recorded 09/19/2006, in Deed Book 276, page 3580. PREMISES BEING: 220 BOSLER AVENUE, LEMOYNE, PA 17043 PARCEL NO. 12-21-0265-299 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-645 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST BANK, Plaintiff (s) From KENNETH W. ZINN, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $131,444.67 L.L.$ 0.50 Interest from 3/11/08 to 12/10/08 (per diem - $21.61) - $5,942.75 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $162.36 Other Costs $2,843.50 Plaintiff Paid Date: 7/23/08 Pr thonotary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF DEFENDANT(S) SUNTRUST BANK KENNETH W. ZINN, JR. SERVE KENNETH W. ZINN, JR. AT: 220 BOSLER AVENUE LEMOYNE, PA 17043 SERVED CUMBERLAND COUNTY No. 08-645 CIVIL TERM ACCT. #170276 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2008 Served and made known to KENN Era IN. Z / NN , Defendant, on the 13+0- day of 1.(?sGCS r, 2003, at - a : s6 , o'clock fin., at 22,0 90SLF11 NSF o y Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age AS Height 110 " Weight 224 Race W Sex AA Other 1, IV (ek Lt- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before,,,,mme this day of 1A j? , 2008 No BY: PL ASE ATT MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEOp RE J. HARPva NOTARY PUBLIC NOT SERVED On ey 'TATEI)f NW JERSEY 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 15` Attempt: / / Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200_. Notary: By: Vacant 2°d Attempt:_ / / Time• Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 011 _j u3 _ Q c? si CJ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST BANK Plaintiff vs. KENNETH W. ZINN, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-645 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 30, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A» 2. Judgment was entered on March 11, 2008 in the amount of $131,444.67. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 220 BOSLER AVENUE, LEMOYNE, PA 17043 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 7 Bankruptcy at Docket Number 08-00920 on March 17, 2008. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated May 12, 2008. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on December 10, 2008. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 10, 2008 Per Diem $25.29 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $123,085.00 $12,536.10 $615.36 $2,325.00 $1,424.00 $0.00 $9.30 $130.00 $295.41 $0.00 ($0.00) $2,862.24 TOTAL $143,282.41 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 24, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: b By: re c ieg, LLP Michele . Bradford, E quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST BANK Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County KENNETH W. ZINN, JR No. 08-645 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE KENNETH W. ZINN, JR executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 220 BOSLER AVENUE, LEMOYNE, PA 17043. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V1. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an d Loan Association v. Street Road Shopping, Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: b b? P chmieg, LLP By: T, 7 Michele M. Bradford, squire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 1215) 563-7000 170275 SUNTRUST BANK 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. KENNETH W. ZINN, JR 220 BOSLER AVENUE LEMOYNE, PA 17043 Defendant RV a 3.* . C) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 62- (A4 ' 0,6vt l -F&- m CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ife hereby Eertity t,,,, within to be a true and correct ri i COPY of the ,??Et F??RN 9 hal filed of recorc- P?pPSE? File #: 170275 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 He H: 170275 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 170275 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 170275 1. Plaintiff is SUNTRUST BANK 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH W. ZINN, JR 220 BOSLER AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/15/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS A NOMINEE FOR BROADVIEW MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1966, Page: 1928. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 170275 6. The following amounts are due on the mortgage: Principal Balance $123,085.00 Interest $4,602.78 08/01/2007 through 01/29/2008 (Per Diem $25.29) Attorney's Fees $1,250.00 Cumulative Late Charges $269.22 09/15/2006 to 01/29/2008 Cost of Suit and Title Search 750.00 Subtotal $129,957.00 Escrow Credit $0.00 Deficit $450.78 Subtotal 50.78 TOTAL $130,407.78 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 170275 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $130,407.78, together with interest from 01/29/2008 at the rate of $25.29 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: RANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 170275 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly designated and described as follows: BEGINNING at a point on the southerly side of Bosler Avenue, which point is 110.00 feet west of the southwest corner of Second Street and Bosler Avenue; thence South 27 degrees 30 minutes east 150.00 feet to a point on the northerly line of Apple Alley; thence along the latter line South 62 degrees 30 minutes west 52.5 feet to a point; thence North 27 degrees 30 minutes west, passing through the center of a partition wall between the house erected on the tract herein described and that adjoining on the west, 150.00 feet to a point on the southerly line of Bosler Avenue; thence along the latter line North 62 degrees 30 minutes east 52.2 feet to a point, the place of BEGINNING. BEING THE SAME PREMISES by which Randolph A. Shearer by his Deed dated November 16, 2005 and recorded in the Recorder of Deeds Office in and for Cumberland County in Deed Book 272, Page 1042, granted and conveyed unto Michael A. Carrucoli, single. UNDER AND SUBJECT, NEVERTHELESS, to any conditions, covenants, reservations, restrictions, easements and rights of way of record. BEING KNOWN AS 220 BOSLER AVENUE, LEMOYNE, PA 17043 PARCEL NUMBER 12-21-0265-299 File #: 170275 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Attorney for Plaintiff DATE: ? Z? 48 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST BANK 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224 7767 V. Plaintiff, KENNETH W. ZINN, JR. 220 BOSLER AVENUE LEMOYNE, PA 17043 Defendant(s). Rt asi CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION ? C R NO. 08-645 CIVIL 'c t PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER ANDASSESSMENT OF DAMAGES TO THE PROTHONOTARY: .,CJ Kindly enter an in rem judgment in favor of the Plaintiff and against KENNETH W. ZINN. JR., Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 01/30/08 to 3/10/08 TOTAL $130,407.78 $1,036.89 $131,444.67 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. ILA DANIEL G. SC=. MG, E 'Q IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:. PR PROTHY 170275 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: KENNETH WILLIAM ZINN, JR. Bk. No. 1:08-bk-00920 MDF Debtor Chapter No. 07 SUNTRUST BANK Movant v. 11 U.S.C. §362 KENNETH WILLIAM ZINN, JR. A/K/A KENNETH W. ZINN, JR Respondent and MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of SUNTRUST BANK (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 220 BOSLER AVENUE, LEMOYNE, PA 17043, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and SUNTRUST BANK may immediately enforce and implement this Order granting relief from the automatic stay. By the Court, Bu4mPol IZET. (JDK) This document is electronically signed and filed on the same date. Dated: May 12, 2008 Case 1:08-bk-00920-MDF Doc 11 Filed 05/12/08 Entered 05/12/08 09:41:12 Desc Main Document Page 1 of 1 Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey September 24, 2008 KENNETH W. ZINN, JR 220 BOSLER AVENUE LEMOYNE, PA 17043 RE: SUNTRUST BANK vs. KENNETH W. ZINN, JR Premises Address: 220 BOSLER AVENUE LEMOYNE, PA 17043 CUMBERLAND County CCP, No. 08-645 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Monday, September 29, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ABr gicele fo o Esq uire For Phelan Hallinan & Schmieg, LLP Enclosure 0 a a C7 0 0 U a Q? cqs a? U as a 0 ? y ? cis PC w 4 <o dO T ? v o H °/ 5?v o A ? Gy,o E £0 66 6 3003dlZ woad 0311VW 80 g o o 2 OZ bZ d3S 0 608 MPOOOO .2 ?s VU zo oft'1.0 $ T ? ebD rl a/MF? C ? ??ah O T V E ,. x E 0' / y u 9-0 b 3 }:k `? h yv a S i GGG N .Vl. y0 d4'? a, Z tl E w O 8 0 w ow" ° C o ?a ? o .. p d r d o M,t E ` y?o ? ' 1 vii 69 CY '_ i d W 0 A4 0 a o ? a '? G4 o ?o N °w y a ti v y it a O W 0 ° zz ;, a ? 8 z z? z 3. N ? O 79 x C T u E L CI M Vl ?p l? 00 Q` O N M ° a. VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: Mrsafal , ieg, LLP q 61os By: Mic . quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST BANK Plaintiff VS. KENNETH W. ZINN, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-645 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. KENNETH W. ZINN, JR 220 BOSLER AVENUE LEMOYNE, PA 17043 h c ieg, LLP DATE: 9 By: hM. Bradford, Esquire Attorney for Plaintiff ..? '% r?r• ?"?3 M ? r`;:? ? ^• ` A F C. t 1. ?. ;?'.... i ? '?,.i .. ? r"1' ?„ti'1. . , ..4 ww ? 4 r ??/ ? _ ? 'j ? ? ? (i cc? OCT 0 3 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST BANK Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County KENNETH W. ZINN, JR No. 08-645 CIVIL TERM Defendant RULE AND NOW, this day of j0dr?- 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the `? day of fbP4%-UGA 2008, at 7 Y5. in the-Mrein AD',?, Courtronof the Cumberland County Courthouse, Carlisle, PennsylvaRig---- 114 BY THE /Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradforda,fedphe.com Ld"-- CoP I2S mal too `Z/d8 J. KENNETH W. ZINN, JR 220 BOSLER AVENUE LEMOYNE, PA 17043 170275 P,L ,r 0 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST BANK Plaintiff vs. KENNETH W. ZINN, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-645 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of l l ' a? was sent to the following individual on the date indicated below. KENNETH W. ZINN, JR 220 BOSLER AVENUE LEMOYNE, PA 17043 e a in Schmieg, LLP DATE: 1? b`d By. Michele M. Bradford, Esquire Attorney for Plaintiff Lu C7 X, CL_ " <7a 'a N SUNTRUST BANK, VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 08-645 Civil Term KENNETH W. ZINN, JR., Defendant Dear Sir: ENTRY OF APPEARANCE AS LOCAL COUNSEL I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on November 4, 2008 at 8:45 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: October 31, 2008 ' Dale F. Shu ar , r.` Supreme Court I.D. 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 cc Michele M. Bradford, Esquire Kenneth W. Zinn, Jr. ? ,. ?: ?-? ? ?-. .s..> {..... ?1 • r ,_' t ,,,. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST BANK Plaintiff VS. KENNETH W. ZINN, JR Court of Common Pleas Civil Division CUMBERLAND County No. 08-645 CIVIL TERM Defendant RDE AND NOW, this 46-day of k?w_ '2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $123,085.00 Interest Through December 10, 2008 $12,536.10 Per Diem $25.29 Late Charges $615.36 Legal fees $2,325.00 Cost of Suit and Title $1,424.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $9.30 Appraisal/Brokers Price Opinion $130.00 Mortgage Insurance Premium / $295.41 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,862.24 TOTAL $143,282.41 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is figure. / Michele M. Bradford, Esquire / Phelan Hallinan & Schmieg, LLP / 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bEWord@fedphe.com KENNETH W. ZINN, JR 220 BOSLER AVENUE LEMOYNE, PA 17043 in the above 170275 7 C) e8.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST BANK Plaintiff V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION KENNETH W. ZINN, JR. Defendant(s) NO. 08-645 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 220 ROSLER AVRNITR; I.RMOYNR, PA 17043. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff Date: November 10, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahs n of a re=presentative of the plain iff at the Sheriff c Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 170275 a a J U G a a a a Pk x o U v w O tau t,t r. 0- ? O_ ?a U w o a O b ? ca ? as ? zd0 ci o. b a ^AiTw?, £0 l6 l 3000dIZ WONT a311dW o o n L£ -Inr o cos L s • / ' + , `,fCy ?° y a._ ztiooo / ' ? Y k. Q ,? j ( /I ZY $ w? ZD /• ogL i ..y ?A _ 40 A 5311409 A3NLd ® C ??I?p ? ? ®/ - IN • ??} Y O H o Y? mm ? 1 ??+ 1-1 ? iN td y E 6 4 d id 4 L C y C E ow.? o 0 0 u E:.2 -g Sod z D a? E'O m 'a _ H h CA .CA o C) u? o M Y go .? I-1 > o o 'd ,o O ww G U 2 QI ? ?, j;. C o Va] 0 0 E n ?p .t C G > E= ' O L7 O 0Y ? ; h °" N pC ? C ° Y?°rn ,ba 3 wa N o o ° k Y C(OO ?d /ti U p w a > ( r i? W zW EL > -0 N a U a°w w Z f? A W-4 9 p `" a w wa o a ?' I 0 O 3 r? z it z -r x! tN j cq ci o Q J o u Q ? Z i 4.. ? ? e .? 3 Q z w O W P O Q / , 4. 1.0 W w 2 m N ? a ??aa O a° >a 3 U ¢ w ?W?a„ 3 to p X? w H, c o ° o H V o ? " z z z o a e z O -4 u 0W0 wc°?W f U? tea i0 a Aa: Q N W z °a 0u UAa E-Na o . d z Q N ? T ?m G N m 1n 10 [? 00 Suntrust Bank VS Kenneth W. Zinn, Jr. In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-645 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on September 04, 2008 at 2025 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kenneth W. Zinn, Jr. by making known unto Eleanor Zinn, ex wife and adult in charge for Kenneth W. Zinn, Jr., at 220 Bosler Ave., Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2008 at 1802 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth W. Zinn, Jr., located at 220 Bosler Ave, Lemoyne, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Kenneth W. Zinn, Jr., by regular mail to his last known address of 220 Bosler Ave, Lemoyne, PA 17043 This letter was mailed under the date of October 6, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills So Answers: oma i-??? BY? Real Estate Ser nt 30.00 16.84 15.00 15.00 .50 2.00 32.00 15.00 20.00 40.00 355.00 302.66 14.92 n $858.92 ? ???"' i? `?`" 3?$ 1a? >-- M i\.t Ltf ?- l1 ! , LL ii.. .? Ll- N SUNTRUST BANK . Plaintiff, V. KENNETH W. ZINN, JR. , Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-645 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) SUNTRUST BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,220 BOSLER AVENUE, LEMOYNE, PA 17043 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH W. ZINN, JR. 220 BOSLER AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK TAMANINI 124 16TH STREET NEW CUMBERLAND, PA 17070 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Namc None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 220 BOSLER AVENUE LEMOYNE, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. July 22, 2008 DATE :?)nd Lh LU','- DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff k. SUNTRUST BANK CUMBERLAND COUNTY Plaintiff, V. No. 08-645 CIVIL TERM KENNETH W. ZINN, JR. Defendant(s). July 22, 2008 TO: KENNETH W. ZINN, JR. 220 BOSLER AVENUE LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIEN AGAINST PROPERTY. ** Your house (real estate) at, 220 BOSLER AVENUE, LEMOYNE, PA 17043,_is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $131,444.67 obtained by SUNTRUST BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You mad need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION .? ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly designated and described as follows: BEGINNING at a point on the southerly side of Bosler Avenue, which point is 110.00 feet west of the southwest corner of Second Street and Bosler Avenue; thence South 27 degrees 30 minutes east 150.00 feet to a point on the northerly line of Apple Alley; thence along the latter line South 62 degrees 30 minutes west 52.5 feet to a point; thence North 27 degrees 30 minutes west, passing through the center of a partition wall between the house erected on the tract herein described and that adjoining on the west, 150.00 feet to a point on the southerly line of Bosler Avenue; thence along the latter line North 62 degrees 30 minutes east 52.2 feet to a point, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Kenneth W. Zinn, Jr., single, by Deed from Michael A. Carrucoli, single, dated 09/15/2006, recorded 09119/2006, in Deed Book 276, page 3580. PREMISES BEING: 220 BOSLER AVENUE, LEMOYNE, PA 17043 PARCEL NO. 12-21-0265-299 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAL-tH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-645 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST BANK, Plaintiff (s) From KENNETH W. ZINN, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $131,444.67 L.L.$ 0.50 Interest from 3/11/08 to 12/10/08 (per diem - $21.61) - $5,942.75 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $162.36 Other Costs $2,843.50 Plaintiff Paid Date: 7/23/08 rothonot (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #13 On August 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 220 Bosler Ave., Lemoyne more fully described on Exhibit "A" filed with this writ and by this reference 290 incorporated herein. Date: August 15, 2008 By: , Real Es Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 14 day of November. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 is Writ No. 2008-645 Civil Suntrust Bank VS. Kenneth W. Zinn, Jr. Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly des- ignated and described as follows: BEGINNING at a point on the southerly side of Bosler Avenue, which point is 110.00 feet west of the southwest corner of Second Street and Bosler Avenue; thence South 27 degrees 30 minutes east 150.00 feet to a point on the northerly line of Apple Alley; thence along the lat- ter line South 62 degrees 30 minutes west 52.5 feet to a point; thence North 27 degrees 30 minutes west, passing through the center of a parti- tion waH b*tween the house erected on the tract herein described and that dpi' on the wrist, 150.00 ftast a paift on the southerly tyre of Boaler Atne uw, tbar" sl the )at- ter line North 62 degrees 30 minutes east 52.2 feet to a point, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Kenneth W. Zinn, Jr., single, by Deed from Michael A. Car- rueoli, single, dated 09/15/2006, recorded 09/19/2006, in Deed Book 276, page 3580. PREMISES BEING: 220 BOSLER AVENUE, LEMOYNE, PA 17043. PARCEL NO. 12-21-0265-299. he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the patriot-dews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commcnwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05/08 11/12/08 2, 'j22?iq ..... . Sworn to and wa4l Obed before me Notary of November, 2008 A. D. CO?o_ TH OF PENNSYLVANIA NftftSeW Shama L Maher, Notary pubic cKy of tarefeb M; peuphh CIOUY My (Jarrmrisom Erq?lrea Nov 26, 2011 Member, pen Me AssWatlon of Notaries . ?_ .Aft fwdnat IMM vs ALL TH$. to :aao `e ?d s> of ? mop ply amwatl aeeenbed as fotows: g ]NIlVC? at a point en the l?,5W of Sosl9i . ' is 116.00 feet west of a sow a of 5eeoed aoCf Hosted Avemc dt, So* 274 .30 minutes rest 150.00 feet to a point oo the mtbc* Iki of Apple Alley; tbeaac>a ?to?d lava liar South Q &V%s-30 mime west 52.5 feet to a pouts; tb.com N04 27 degrees 30 minutes west, pig t .tire mater of a pmtit? vra1113eMefe lbe house eectal as the Amnbed and that 24)0* oo lho trail $ west, i5oa4 ?t toY point ?t of 1#orr A+vr. d0m WIW* boa line Notd? 62 dr> - ttWt+Mt33.2 ied to a moo& b mm >x W Tmn, h. side, by Deed ldidmel A_t ; srogke &W OWIYMI recorded ,t111912906, id Deed $oot 216; page 3580. pMM *git 220 94M St AVENUE, UMWW -DW r PARCEL NO. 12-214165499 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST BANK Plaintiff, V. KENNETH W. ZINN, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-645 CIVIL TERM PRAECIPE TO ENTER ORDER TO THE PROTHONOTARY Kindly enter THE ATTACHED REASSESSMENT ORDER AND AMEND THE JUDGMENT AS DIRECTED BY THE ORDER in favor of the Plaintiff and against KENNETH W. ZINN, AL, Defendants (s) As set forth in Order $143,282.41 4 DANIEL G. SC G, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED.71 DATE: PROTHY PHS#170275 t ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST BANK Plaintiff Vs. KENNETH W. ZINN, JR Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-645 CIVIL TERM ORDER AND NOW, this ff day 2008. the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the.writ nunc pro tunc in this case as follows: Principal Balance $123,085.00 Interest Through December 10, 2008 $12,536.10 Per Diem $25.29 Late 11::?har8es $61536 Legal fees $2,325.00 Cost of Suit and Title $1,424.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $9.30 Appraisal/Brokers Price Opinion $130.00 Mortgage Insurance Premium / $295.41 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 III IN -)I C- Suspensemsc. Credits Escrow Deficit TOTAL ($0.00) $2,86224 $143,282.41 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT 41 &001 J. Michele M. Bradford, Esquire Phelan Halh= & Schim & LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215)-563-3459 mchele. .coin KENNETH W. ZINN, JR 220 B.OSLER AVENUE LEMOYNE, PA 17043 j j" E Fp"A RWORID inf tN loIk"WbIdMYhW pd *4 00 d so Imi ftob? Pa. Jan. - id- 170275 OF Th"E' RLED iHRCE Y 2010 APIR 30 Fri 12: 02 V/Aj. 06 CK? EG?y39 I? ? 2vy7o PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST BANK Plaintiff, V. KENNETH W. ZINN, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-645 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/11/08 TO 9/2/09 (per diem -$23.55) Add' l Costs TOTAL $143,282.41 $6,264.30 and Costs $0.00 546.71 7\ QRE DANIEL G. SCH UI One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed.or stayed in the event that a representative of the plaintiff is not' present at the sale. 170275 FILE-3 0' ?-! ;, N T COUNT OF COMMON PLEAS OF 0E?^`^sT' ' ERRAND COUNTY, PENNSYLVANIA SUNTRUST BANK Vs. f-2y. co hLA L -q3. j 1. Cw4, gs3.92. - 79 . so - " /it. 60 - a ff s< <1 lY. 0 0 ?OS1..78 - u <r 1.2. od Cv . Address: 220 BOSLER AVENUE, LEMOYNE, PA 17043 Where papers may be served. 170275 Reet a4?F- CJri.?-- KENNETH W. ZINN, JR. PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-645 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST BANK, Plaintiff (s) From KENNETH W. ZINN, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $143,282.41 L.L. Interest FROM 12/11/08 TO 9/2/09 (PER DIEM - $23.55) - $6,264.30 AND COSTS Atty's Comm % Atty Paid $1,056.78 Due Prothy $2.00 Other Costs Plaintiff Paid Date: APRIL 30, 2009 (Seal) &6?94L C s R. Long notary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly designated and described as follows: BEGINNING at a point on the southerly side of Bosler Avenue, which point is 110.00 feet west of the southwest corner of Second Street and Bosler Avenue; thence South 27 degrees 30 minutes east 150.00 feet to a point on the northerly line of Apple Alley; thence along the latter line South 62 degrees 30 minutes west 52.5 feet to a point; thence North 27 degrees 30 minutes west, passing through the center of a partition wall between the house erected on the tract herein described and that adjoining on the west, 150.00 feet to a point on the southerly line of Bosler Avenue; thence along the latter line North 62 degrees 30 minutes east 52.2 feet to a point, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Kenneth W. Zinn, Jr., single, by Deed from Michael A. Carrucoli, single, dated 09/15/2006, recorded 09/19/2006, in Deed Book 276, page 3580. PREMISES BEING: 220 BOSLER AVENUE, LEMOYNE, PA 17043 PARCEL NO. 12-21-0265-299 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST BANK Plaintiff, V. KENNETH W. ZINN, JR. : Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-645 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIE . S EGG, ESQUIRE Attorney for Plaintiff OF TFF 2009 APB; 30 PM Ic: 02 r SUNTRUST BANK Plaintiff, V. KENNETH W. ZINN, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-645 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SUNTRUST BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,220 BOSLER AVENUE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH W. ZINN, JR. 220 BOSLER AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Mark Tamanini 12416'6 Street New Cumberland, PA 17070 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None V% 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 220 BOSLER AVENUE LEMOYNE, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that falsration ents herein made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsif o authorities. April 27, 2009 DATE DANIEL G. SCHMTIq, ESQUIRE Attorney for Plaintiff i FILED.- 0 l: vF OIF THE ."N;,--APY 2V09 30 P 121: G3 - 4 J SUNTRUST BANK V. Plaintiff, KENNETH W. ZINN, JR. Defendant(s). . CUMBERLAND COUNTY • COURT OF COMMON PLEAS CIVIL DIVISION No. 08-645 CIVIL TERM April 29, 2009 TO: KENNETH W. ZINN, JR. 220 BOSLER AVENUE LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 220 BOSLER AVENUE. LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $143,282.41 obtained by SUNTRUST BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly designated and described as follows: BEGINNING at a point on the southerly side of Bosler Avenue, which point is 110.00 feet west of the southwest corner of Second Street and Bosler Avenue; thence South 27 degrees 30 minutes east 150.00 feet to a point on the northerly line of Apple Alley; thence along the latter line South 62 degrees 30 minutes west 52.5 feet to a point; thence North 27 degrees 30 minutes west, passing through the center of a partition wall between the house erected on the tract herein described and that adjoining on the west, 150.00 feet to a point on the southerly line of Bosler Avenue; thence along the latter line North 62 degrees 30 minutes east 52.2 feet to a point, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Kenneth W. Zinn, Jr., single, by Deed from Michael A. Carrucoli, single, dated 09/15/2006, recorded 09/19/2006, in Deed Book 276, page 3580. PREMISES BEING: 220 BOSLER AVENUE, LEMOYNE, PA 17043 PARCEL NO. 12-21-0265-299 ? t , ,.? 1.?? 1 ?'Y r ? ;4 ,.1 F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST BANK CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION KENNETH W. ZINN, JR. Defendant(s) NO. 08-645 CIVIL TERM AFFIDAVIT OF SERVICE OF LIENHOLDERS PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE. OF SALF. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, the undersigned attorney for SUNTRUST BANK, hereby verify as follows: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 220 Bn4i FR AVENUE, LEMOYNF., PA 17043. As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". PHELAN, HALLINAN & SCHMIEG, LLP By: wrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 20677$--- Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Date: Q 2I?la G IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 170275-SXF £0 L6 L 3a0adIZ WOMd a3l[VVY BOOZZ t?O kVN O L08 LZb000 Od r!,? W L z o W ? Y e o0Wen F-I y uo? w ?o ua? 0 z o0 0 ° U.?U U00. m E 3 Z F, d Ly C4 Q W N al IN N j O O o a cn O -00 V, N U O cq .na 3 Wa¢, b ? a E? ?D . G `n O .a ?.4 O x ? x 90 o a?i ? ? a c? N [?• N a`n O M 0 0 N c) eq •° C.- ? u¢a -S 5 Q w? a4 r'' a?i GO > A. o co 0 \a H s r-0 0 ¢00 G 0 5: y E p (ZNw O. +?+ ?''+ yO F- N a U "D s:L4 A a r, I"', I- I`° Ir- I - Ia, 1 21=I?:,. Im `O w ag ?? g 5 u $ .q u E E? 3 g -9 fi c $y u• IC,o ?•c u O C n y ` O O V ,GJ c? ? E `?•vv v?iEy ,V Y •? u E?Yo ? u ?H o o ? u u v o°c?a a y E m N u <n 'o o u R x Y g g 0 a W Iz- a a ?W N ?8 3 0? I zI o ? u N H? i u 1^? j 4J ?J O y " ? i? - ?, .k ? o c -? ?oyE £o L6 L 3000&Z WOHA 03-IIVW Q d = Z -5 ` sooz az inr o Los m?ooo WL o 3 tJ z 074 o $ SHOE 1,3Nltl ® C F- ,4 G 7 ' ® f ? o ® ?.? ? E W o ° c o v " s fr" m ? E ? c ?=c.y m ' c h t i W u ?+ E w m r 7 "w 0 O U pV ° >. C Z as E E E a00+ o m u °wvf ' " Ern o ° o E O F N O _ 2 ? u ? N l a r " hrn yeva O F a y E m z ?y cd T3 a O ? " N 0 O ? 4 W O y O ? ri ? ° ° zs ? Cd we 3 A w jo O y Q ?y ry U y a° x ati? c W O E ?° GC It "NJ?' =u [ ] z aO ~ ? ?y F a m z _d v Q C? y ? CD ° T ? L d N ? h E . _ 4 d' O ° a !- vC TI`?C r i ARY 2009 JUL 31 klai 10: 2('-,IN -' (?TTFMPT ^ AFVIousC? N®T SFAUEb -7/9??-Ioq PLAINTIFF SUNTRUST BANK AFFIDAVIT OF SERVICE DEFENDANT(S) KENNETH W. ZINN, JR. SERVE KENNETH W. ZINN, JR. AT: 700 LISBURN AVENUE, APT. 5 CAMP HILL, PA 17011-7104 CUMBERLAND COUNTY No. 08-645 CIVIL TERM ACCT. #170275 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 2, 2009 ,// 7 SERVED 1> Served and made known to K/PUNETA W ZINN '?T(? . Defendant, on the ti) day of 2002, at 9-2-6 , o'clock R.m., at 700 LISBd Aj,/E Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: A e AA S Height Weight e9G Race W Sex Other I, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ,.Ci C'&A1t-11VVC0 ATTIOMM jN 56t0 "5-FaL S'filoc Sworn to and subscribed before pie this 'SNP day of __ S X200- fi Notary: By: SE ATTE PT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of _ 200_, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant Ist Attempt: / / Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 J ('ARRIS (215) 563-7000 1012512012 ,",I 'n 01"I RO-OFF OF THE PROTRWTARY 2009 AUG 18 AM 11: 17 r , ,. PE"41I?,"SYNAN`h II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburp-h v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is riot unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: p/ By: awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 1215) 563-7000 170275 SUNTRUST BANK 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. KENNETH W. ZINN, JR 220 BOSLER AVENUE LEMOYNE, PA 17043 Defendant cb t y Alka; C C A x"?? Z _3 Z 1 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS - (nos l'ivi t -Fexm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ite hereby Eeatty t,,,, within to be a true correct co and F1LEp`I ri9?nal filed Off eth, corc P,??RNSEa??(U N PLED File #: 170275 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File k 170275 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 170275 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 170275 1. Plaintiff is SUNTRUST BANK 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH W. ZINN, JR 220 BOSLER AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/15/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS A NOMINEE FOR BROADVIEW MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1966, Page: 1928. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File 4: 170275 6. The following amounts are due on the mortgage: Principal Balance $123,085.00 Interest $4,602.78 08/01/2007 through 01/29/2008 (Per Diem $25.29) Attorney's Fees $1,250.00 Cumulative Late Charges $269.22 09/15/2006 to 01/29/2008 Cost of Suit and Title Search 750.00 Subtotal $129,957.00 Escrow Credit $0.00 Deficit $450.78 Subtotal $450.78 TOTAL $130,407.78 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 170275 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $130,407.78, together with interest from 01/29/2008 at the rate of $25.29 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: RANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 170275 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly designated and described as follows: BEGINNING at a point on the southerly side of Bosler Avenue, which point is 110.00 feet west of the southwest corner of Second Street and Bosler Avenue; thence South 27 degrees 30 minutes east 150.00 feet to a point on the northerly line of Apple Alley; thence along the latter line South 62 degrees 30 minutes west 52.5 feet to a point; thence North 27 degrees 30 minutes west, passing through the center of a partition wall between the house erected on the tract herein described and that adjoining on the west, 150.00 feet to a point on the southerly line of Bosler Avenue; thence along the latter line North 62 degrees 30 minutes east 52.2 feet to a point, the place of BEGINNING. BEING THE SAME PREMISES by which Randolph A. Shearer by his Deed dated November 16, 2005 and recorded in the Recorder of Deeds Office in and for Cumberland County in Deed Book 272, Page 1042, granted and conveyed unto Michael A. Carrucoli, single. UNDER AND SUBJECT, NEVERTHELESS, to any conditions, covenants, reservations, restrictions, easements and rights of way of record. BEING KNOWN AS 220 BOSLER AVENUE, LEMOYNE, PA 17043 PARCEL NUMBER 12-21-0265-299 File #: 170275 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Attorney for Plaintiff DATE: r ?-I[ OE PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST BANK 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224 7767 Plaintiff, V. KENNETH W. ZINN, JR. 220 BOSLER AVENUE LEMOYNE, PA 17043 Defendant(s). -110. 5' ?Q CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 0 NO. 08-645 CIVIL TI P- u"*?W PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES DANIEL G. SCHMIEG, E Q IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS IN DATE: 31111ox PR PROTHY 170275 TO THE PROTHONOTARY: 0 Kindly enter an in rem judgment in favor of the Plaintiff and against KENNETH W. ZINN, JR., Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 01/30/08 to 3/10/08 TOTAL $130,407.78 $1,036.89 $131,444.67 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: KENNETH WILLIAM ZINN, JR. Bk. No. 1:08-bk-00920 MDF Debtor SUNTRUST BANK Chapter No. 07 Movant ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of SUNTRUST BANK (Movant), it is: V. 11 U.S.C.§362 KENNETH WILLIAM ZINN, JR. A/K/A KENNETH W. ZINN, JR Respondent and MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 220 BOSLER AVENUE, LEMOYNE, PA 17043, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and SUNTRUST BANK may immediately enforce and implement this Order granting relief from the automatic stay. By the Coini, Il .1Cld?@ (JDK) Dated: May 12, 2008 This document is electronically signed and filed on the same date. Case 1:08-bk-00920-MDF Doc 11 Filed 05/12/08 Entered 05/12/08 09:41:12 Desc Main Document Page 1 of 1 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey August 20, 2009 KENNETH W. ZINN, JR. 220 BOSLER AVENUE LEMOYNE, PA 17043 RE: SUNTRUST BANK v. KENNETH W. ZINN, JR Premises Address: 220 BOSLER AVENUE LEMOYNE, PA 17043 CUMBERLAND County CCP, No. 08-645 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by u VXg Should you have further questio s or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly ours nce . P 1 s ire Francis S. Hallinan, Esq ire D el G. Schmieg, Esquire ichele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure C>O v a J V W rx U cn I W a r- 0 cl 3 U a N C 0 zQo a ". O w U G O C '? 17, O 'N E a i o E cab o cq E c `v ? a? f= `AEU + 0 dIZ W08=1(EDI W E a ? £ 0 L 6 l 300 6ooz oz `Jnd o Loa LZb000 9Z•W S IM ZO E w o 0 C Samoa alWk? 10 0 0 dy`' a O v '«bd 5?' 0 ° ? . cn G. v?E a E ' ?o A w v .D F ° 0 = .U. O° y F' b0 h A O E N G? O ? ? U UU 0 Q ?"? 0 U .° ° ? ' ? N O T C I? ? ° °'E ? c n° E c w w c v ? c ow E?+ ? E 0. ? U L3 '- n) ? A E Q ar ^ '_' ° F-' ? V? Z U '2 X00 U a, vi v W ? a ? ? z Z z W a O iy T y U O E aw ° N O ? ? Cli LY. fx z z z N N N ? a0 x x x o F H F 0. o z z z ? a 0 5,0 Z x -ja F ? K i ? ? o o ? ` U .ti wr ..r ,ate x x x a Q.i Qn °0.1 n O . a i E v Z ', O ? N M 'cl' 00 O N M N ° v ?l9? VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST BANK Court of Common Pleas Plaintiff : Civil Division V. CUMBERLAND County KENNETH W. ZINN, JR No. 08-645 CIVIL TERM Defendant W CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. KENNETH W. ZINN, JR KENNETH W. ZINN, JR 220 BOSLER AVENUE 10 CHELTON CIR LEMOYNE, PA 17043 CAMP HILL, PA 17011-8477 KENNETH W. ZINN, JR 700 LISBURN RD APT 5 CAMP HILL, PA 17011-7104 Phelan Hallinan & Schmieg, LLP DATE: By: Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ?If Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST BANK Plaintiff Court of Common Pleas V. KENNETH W. ZINN, JR Defendant Civil Division CUMBERLAND County No. 08-645 CIVIL TERM ti PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on January 30, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A", 2. Judgment was entered on March 11, 2008 in the amount of $131,444.67. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 220 BOSLER AVENUE, LEMOYNE, PA 17043 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 07 Bankruptcy at Docket Number 1:08-00920 on March 17, 2008. The Plaintiff obtained relief from the bankruptcy stay by order of court dated May 12, 2008. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on September 2, 2009. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $123,085.00 Interest Through September 2, 2009 $19,257.29 Per Diem $25.29 Late Charges $923.04 Legal fees $2,750.00 Cost of Suit and Title $2,172.00 Sheriffs Sale Costs $858.92 Property Inspections/ Property Preservation $1,223.50 Appraisal/Brokers Price Opinion $130.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,650.00 TOTAL $154,049.75 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on August 20, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: :6401 By: wrence . Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST BANK Plaintiff Court of Common Pleas V. KENNETH W. ZINN, JR Defendant Civil Division CUMBERLAND County No. 08-645 CIVIL TERM R MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE KENNETH W. ZINN, JR. executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 220 BOSLER AVENUE, LEMOYNE, PA 17043. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey August 26, 2009 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: SUNTRUST BANK v. KENNETH W. ZINN, JR CUMBERLAND County CCP, No. 08-645 CIVIL TERM Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly yours, ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire • Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure cc: KENNETH W. ZINN, JR A?Y p (i 1 AUG 2 8 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST BANK Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County KENNETH W. ZINN, JR No. 08-645 CIVIL TERM Defendant RULE ijA-IJA d0d... 2009, a Rule is entered upon the Defendant AND NOW, this day of to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. C*TAgWKTl of the Cumberland County Courthouse, Carlisle, Pennsylvania. E CO J. Rule Returnable on the day of 2009, at in t n FtLE?; -C? ?1CF OF THE P'F'--' '^!1OTARY 2009 AUG 31 F1 3: 18 4 Michele M. Bradford, Esq., Id. No. 69849 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 KENNETH W. ZINN, JR 220 BOSLER AVENUE LEMOYNE, PA 17043 KENNETH W. ZINN, JR 700 LISBURN RD APT 5 CAMP HILL, PA 17011-7104 KENNETH W. ZINN, JR 10 CHELTON CIR CAMP HILL, PA 17011-8477 170275 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ?ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST BANK Court of Common Pleas Plaintiff : V. Civil Division CUMBERLAND County KENNETH W. ZINN, JR Defendant No. 08-645 CIVIL TERM j 44 PRAECIPE TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on August 27, 2009 in the above referenced action. Phelan Hallinan & Schmieg, LLP DATE: !F -Dot By: awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF OF THIE 2D0 9 SE' 17 AI Y i0' ,) 3 ov,l .. _?' Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST BANK ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division V. KENNETH W. ZINN, JR Defendant CUMBERLAND County No. 08-645 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. KENNETH W. ZINN, JR KENNETH W. ZINN, JR 220 BOSLER AVENUE 10 CHELTON CIR LEMOYNE, PA 17043 CAMP HILL, PA 17011-8477 KENNETH W. ZINN, JR 700 LISBURN RD APT 5 CAMP HILL, PA 17011-7104 Phelan Hallinan & Schmieg, LLP DATE: q (o%3": ?I By: -or-] Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF - y f ??` ' t ?? ?? ,, ?? . ?? gyp. „?3 W ? 2?0 J ??? ? " '` ? `1f ,yea ` t ?jV?Jgi^.. ? ?, , ' ... ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which SUNTRUST BANK is the grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the 30TH day of APRIL, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 645, at the suit of SUNTRUST BANK against KENNETH W ZINN JR is duly recorded as Instrument Number 200933419. A.D. ?+ sasrcr i s, c.w1uyi4nd cowry, Cadkk PA MY Comwwm 60as ft Fht Monday of Jfl. Mo IN TESTIMONY WHEREOF, I have here nto set my hand and seal of said office this day of Sheriffs Office of Cumberland County • R Thomas Kline I? r= T! y Tl?l Sheriff' Ronny R Anderson ??1?ttr ofir'r?drrft?4 F' f171 .7 Chief Deputy 7 r` J c: Jody S Smith Civil Process Sergeant CIU [ F ')r 7,E -° ERIFF Edward L Schorpp Solicitor Suntrust Bank vs. Case Number Kenneth W Zinn, Jr 2008-645 SHERIFF'S RETURN OF SERVICE 06/26/2009 04:35 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 6/26/09 at 1633 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth W. Zinn, Jr., located at, 220 Bosler Avenue, Cumberland County, Pennsylvania according to law. 06/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kenneth W. Zinn, Jr., but was unable to locate him in hi; bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Kenneth W. Zinn, Jr., mortgaged property is vacant. 09/03/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 2, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $ 1.00 to Attorney Daniel Schmieg, on behalf of, Suntrust Bank, of, 1001 Semmes Avenue, Richmond, VA, 23224, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 826.18 SHERIFF COST: $826.18 September 08, 2009 ;," "3/3jd g L?- SO ANSWERS, R THOMAS KLINE, SHERIFF .aU Ck 77 7-? /P,. t 3 ! .? 7 8 i SUNTRUST BANK CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS KENNETH W. ZINN, JR. CIVIL DIVISION Defendant(s). NO. 08-645 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SUNTRUST BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,220 BOSLER AVENUE, LEMOYNE, PA 17043 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH W. ZINN, JR. 220 BOSLER AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Mark Tamanini 12416th Street New Cumberland, PA 17070 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None • 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 220 BOSLER AVENUE LEMOYNE, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false s ments herein made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsifi ation to authorities. April 27, 2009 DATE DANIEL G. SCHM", rSQUIRE Attorney for Plaintiff SUNTRUST BANK Plaintiff, V. KENNETH W. ZINN, JR. Defendant(s). CUMBERLAND COUNTY • COURT OF COMMON PLEAS CIVIL DIVISION No. 08-645 CIVIL TERM April 29, 2009 TO: KENNETH W. ZINN, JR. 220 BOSLER AVENUE LEMOYNE, PA 17043 "THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. * * Your house (real estate) at, 220 BOSLER AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $143,282.41 obtained by SUNTRUST BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne, Coun of Cumberland and State of Pennsylvania, more particularly designated and described as follows: BEGINNING at a point on the southerly side of Bosler Avenue, which point is 110.00 feet west of the southwest corner of Second Street and Bosler Avenue; thence South 27 degrees 30 minutes east 150.00 feet to a point on the northerly line of Apple Alley; thence along the 1 line South 62 degrees 30 minutes west 52.5 feet to a point; thence North 27 degrees 30 atte utes west, passing through the center of a partition wall between the house erected on the tract herein described and that adjoining on the west, 150.00 feet to a point on the southerly Bosler Avenue; thence along the latter line North 62 degrees 30 minutes east 52.2 feet t of line point, the place of BEGINNING. to a TITLE TO SAID PREMISES IS VESTED IN Kenneth W. Zinn, Jr., single, b Deed from Michael A. Carrucoli, single, dated 09/15/2006, recorded 09/19/2006, in Deed Book 276, pp 3580. age PREMISES BEING: 220 BOSLER AVENUE, LEMOYNE, PA 17043 PARCEL NO. 12-21-0265-299 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne, Coun of Cumberland and State of Pennsylvania, more particularly designated and described follows: as BEGINNING at a point on the southerly side of Bosler Avenue, which point is 110.00 feet west of the southwest corner of Second Street and Bosler Avenue; thence South 27 degrees 3 minutes east 150.00 feet to a point on the northerly line of Apple Alley; thence along the tatter line South 62 degrees 30 minutes west 52.5 feet to a point; thence North 27 degrees 3 west, passing through the center of a partition wall between the house erected n thet m Lutes herein described and that adjoining on the west, 150.00 feet to a point on the southerly Bosler Avenue; thence along the latter line North 62 degrees 30 minutes east 52.2 feet to line of point, the place of BEGINNING. t to a TITLE TO SAID PREMISES IS VESTED IN Kenneth W. Zinn, Jr., single, b Deed from Michael A. Carrucoli, single, dated 09/15/2006, recorded 09/19/2006, in Deed Book 2 3580. 76, page PREMISES BEING: 220 BOSLER AVENUE, LEMOYNE, PA 17043 PARCEL NO. 12-21-0265-299 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-645 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST BANK, Plaintiff (s) From KENNETH W. ZINN, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $143,282.41 L.L. Interest FROM 12/11/08 TO 9/2/09 (PER DIEM - $23.55) - $6,264.30 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $1,056.78 Other Costs - Plaintiff Paid Date: APRIL 30, 2009 01U, C R. Lon o (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Lemoyne, Cumberland County, PA Known and numbered as, 220 Bosler Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 15, 2009 By: Rea state Coordinator L? Cn gout _ Y D V/''` T14 The-Patriot-News Co. t . 812-Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c?e?latriot Newr Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M°, Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 07/31/09 08/07/09 D. COMMONWEALTH OF PENNSYLVANIA Notarial asl Sherrie L. Kisner, Notary Public ly? ? Of "ars, Dauphin County Member, or EVr" Nov. 28, 2011 Meccletlon of Notes PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 2009 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. Ir- Marie Coyne, Edi SWORN-TO AND SUBSCRIBED before me this d(:7 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PubUc CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 1RNAL Iii ATZ BALM XO. 100 Writ No. 2008-645 Civil Suntrust Bank VS. Kenneth W. Zinn, Jr. Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly des- ignated and described as follows: BEGINNING at a point on the southerly side of Boaler Avenue, which plaint is 110.00 feet west of the southwest corner of Second Street and Buster Avenue; thence South 27 d pees 30 minutes east 150.00 feet to a point on the northerly line of Apple Alley; thence along the lat- ter line South 62 degrees 30 minutes west 52.5 feet to a point; thence North 27 degrees 30 minutes west, passing through the center of a parti- tion wall between the house erected on the tract herein described and that adjoining on the west, 150.00 feet to a point on the southerly line of Bosler Avenue; thence along the lat- ter line North 62 degrees 30 minutes east 52.2 feet to a point, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Kenneth W. Zinn, Jr., single, by Deed from Michael A. Car- rucoh, single, dated 09/15/2006, recorded 09/19/2006, in Deed Book 276, page 3580. PREMISES BEING: 220 BOSLER AVENUE, LEMOYNE, PA 17043. PARCEL NO. 12-21-0265-299.