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HomeMy WebLinkAbout04-2728 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. D4 -~~2P (!.iuttr~ CUMBERLAND COUNTY v. LARRY L. ZINN, JR 635 MIDDLE ROAD NEWVILLE, P A 17241 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 #: 94209 File #: 94209 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is CENDANT MORTGAGE CORPORATION, F/KIA PHH MORTGAGE SERVICES CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: LARRY L. ZINN, JR 635 MIDDLE ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/14/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1399, Page 976. 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 02/01/2004 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 #: 94209 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2004 through 06/14/2004 (Per Diem $16.55) Attorney's Fees Cumulative Late Charges 08/14/1997 to 06/14/2004 Cost of Suit aud Title Search Subtotal $74,474.76 2,747.30 1,250.00 46.80 $ 550.00 $ 79,068.86 Escrow Credit Deficit Subtotal - 401.41 0.00 $- 401.41 TOTAL $ 78,667.45 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. Ifthe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 78,667.45, together with interest from 06/14/2004 at the rate of$16.55 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. FED~AND PHELpt"lrP ;/ A By: rfn~II:llgJ id./ ~ FRA FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 94209 ALL THOSE CERTAIN tracts of land. together with the improvements. thereon erected, situate in Upper Mifflin Township, Cumberland county. Pennsylvama, bounded and described as follows: TRACT NO_ 1: BEGINNING at a spike in the center of Township Road (T -402) at comer of Lot NO: 4 on Plan of Lots of Robert G. ZImmerman and Sena G. Zimmerman, hIs wife. recorded In the Office of the Recorder of Deeds In Plan Book 13. Page 32: thence along Lot NO.4, North 25 degrees 29 minutes 00 seconds East 200.00 feet to an tron pin: thence along Jands now or formerly of Robert G. Zimmerman. et ux, North 67 degrees 30 ~inytes 00 seconds West 100.00 feet to an Iron pIn; thence along Lot No.6 00 the .afo~esaid Plan af Lots, ~outh 25 degrees 29 minutes 00 seconds West 200_00 feet to a spike In the center otT-402, thence over the center line of T -402 South 57 degrees 30 minutes 00 seconds East 100.00 feet to a spike, ll1e place of BEGINNING. BEING all of Lot No.5 In the Plsn of Lots aforesaid. recorded in Plan ':300k 13, Page 32, and known and numbered as 635 MIddle Road. Newville, Pennsyhfama. 17241. SUBJECT, however, to the following restrictions: 1. There shall be a 50 foot setback line from the center of T -402 and a 15 foot 2. All houses sha:U be used for residential purposes and the cost of which shan not be less than $15.000.00 at standard prices:. 3. No trailers or mobile homes shan be placed or erecte<J on the premises. nor shaU any automobile junkyard or graveyard be maintained on the premises, nor shall any lot be used for the sale of used cars, trailef'$, or mobile homes. BEING the same property that Paul D. Hershey and Julie t Hershey. by deed dabiOld September 12, 1978, and recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania, in Deed Book I, Volume 28, Page 628, conveyed unto Paul D. Hershey. Grantor hereIn. TRACT NO.2; BEGINNING at a point in the center of Township Road (T -402), which point is 370.00 feet northwest over the center of T -402 from a common comer with lands now or fonnerly of Robert G. Zimmerman and Bena G. Zimmerman, his wife. and Big Spring School District; thence along other lands now or formerlY of Harold L. Ickes and Barbara A_ Ickes. his wife, North 25 degrees 29 minutes 00 seCXJnds East 200.00 feet to an kon pin; thence over other lands now or fonnerfy of Robert G. Zimmerman and Sena G. ZimmerTTlan, his wife, North 67 degreQls 30 minutes 00 seconds West 100.00 feet to an Iron pin; thence along other lands now or formerly of Robert G_ Zimmerman and 8ena G. Zimmerman, his wife, (Lot No.5) South 25 degrees 29 minutes 00 seconds West 200.00 feet to a point In the center of T -402; thence along the center of T -402 South 67 degrees 30 minutes 00 Seconds East 100.00 feet to a point. the place of B~G'NNING. BEING Lot No.4 in the Plan of Lots as laid out by Robert G. Zimmerman and Bena G. Zimmerman as recorded In tt1e Office of the Recorder of Oeec1s In and (or Cumberland County in Plan Book 13, Page 32. ",.. BEING the same property that Paul Hershey, Debra Riggleman, and Donald Smith, by deed dated October 1 0, 1998. and recorded In the Office of the Recorder of Deeds in and for Cumberland County. pennsyJvanla. In Deed Book 148, Page 939, conveyed unto PauJ Hershey. Grantor herein. - VERIFICATION MARC J. HINKLE hereby states thaI he is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~;J/JJ DATE: ~ ( 13)01 _ (:) "*>l ~'t0 IN lrt ~ () ~ ~ t $! --<- ..... Vt tv - ..0 Q Ci {"c '" I~:.:""l ~.~ ~-,: .....;.. o " :;:1 ril ~3J r- -':"Jr'T'l ;:~;! CJ _-;(1-) :~~7~ ( ;rn ('- J' r,) _J' 8 SHERIFF'S RETURN - REGULAR CASE NO: 2004-02728 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS ZINN LARRY L JR RON KERR Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ZINN LARRY L JR the DEFENDANT , at 1812:00 HOURS, on the 25th day of June , 2004 at 635 MIDDLE ROAD NEWVILLE, PA 17241 by handing to STACY ZINN, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.66 .00 10.00 .00 37.66 .~~~ R. Thomas Kline 06/28/2004 FEDERMAN & PHELAN Sworn and Subscribed to before me this /5~ day of Ck.... :2fJ7){ A.D. C h..__ a ~ ~~~notary .~ By: ~~ Deputy Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2 I 5) 563-7000 CENDANT MORTGAGE CORPORATION FIKIA PHH MORTGAGE SERVICES CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-2728 LARRY L. ZINN, JR Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against LARRY L. ZINN, JR, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 6/15/04-8/2/04 TOTAL $78,667.45 $810.95 $79,478.40 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. -AlO f\~ ~ ~ J("'lf\ rkJ FRANKFEDERMAN,ESQUIRE Attorney for Plaintiff DAMAGES ARE HERE. BY ASSESSED AS INDICAW' ,. DATE: ~ J 3~OY CuJ.,w PRO PROTHY k~ ~ ("..:> c) ,:' FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENfER PLAZA, SUITE 1400 ATTORNEY FOR PLAlNflFF PHILADELPHIA, PA 19103 (21 ';j ';61-7000 CENDANT MORTGAGE CORPORATION, F/KIA PHH : COURT OF COMMON PLEAS MORTGAGE SERVICES CORPORATION Plaintiff : CIVIL DMSION Vs. : CUMBERLAND COUNfY LARRY L. ZINN, JR : NO. 04-2728-CML Defendants TO: LARRY L. ZINN, JR 635 MIDDDLE ROAD NEWVILLE, PA 17241 f\t't. CO~~ DATE OF NOTICE: .mr.Y 16, 20114 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT TIIE 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, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENf OF LIEN AGAINST PROPERTY. . IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENfER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRlTING WITIl TIlE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTIl AGAINST YOU. UNLESS YOU ACT WITIlIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANf 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON 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 .~i>dQ.trl.fi.rt. 0 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff II ~ ~ G -::::::- It (t"" -J. ~t:,(~ _0Jr- ~ U\ {"'[ L.f J-.l ~ =<' ~ ~ ::-C'. ~ ;::: ~ ~ r f' r (' -- =<> u~ ~ V'-- " ~ ,"-", , 0"' " (/_1 ('.I'. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY 4001 LEADENHALL ROAD COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-2728 LARRY L. ZINN, JR Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on infonnation 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 LARRY L. ZINN, JR is over 18 years of age and resides at, 635 MIDDLE ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ rostJ<.... ~ d 0 JlS'N.J)J'k) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff C) , (..) ~,..' . c:-> 0" Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center _ Military Status Report .. Pursuant to the Servicemen's Civil Relief Act of 2003 <Last Name First Middle Begin Date I Active Duty Status ZINN Currently not on Active Military Duty, based on the Social Security Number and last name provided. AUG-02-2004 08:22:00 I Service/Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant( s), per the Information provided, as to all branches of the Military. ~W~u.--~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail tO~~IT.l!.Jt~IJllIesk@9sd.peut!u:!!!!.-mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdrilowalsscra.prc_Select 8/2/2004 r-') 'c::: c....) -" ." (.,J: (.\', -"-~ . '/ ". ,*' ~.t. f ,~'" :;~1';:;" .'< . ,~~;. :"'f~"J . \'-~ :t.{;-' i, ',L,. !,:~l t ~ -;; tl't'i '1l~J.'., , ), PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CENDANT MORTGAGE CORPORATION FIK/A ; " .PUlI MORTGAGE SERVICES CORPORATION . . Plaintiff, v. No. 04-2728 LARRY L. ZINN, JR Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: A.mount Due $79,478.40 Interest from 8/3/04 to 12/8/04 '(pefdiem -,$13.06) '... ."., $1,671.68 and Costs 'TQT~L $81,150.08 ~ r1-- ~JU'iQn 0f'Y-. (1J)(.) FRANK FEDERMAN, ESQUIRE 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. .... .., N ..... .... -< j:l., ...;:!i r-l' Z ) ..l OZ Z ..l 00-< 800 0 ~ -<~ .... ..."" ... "";;: ~::l ;::J "" ..loo O~ U Z .,; j:l.,Z ~ ~~ ~ " Zz ~~Z it: t: 0,," ... "" = ~.~ -< " Z '" '" ~j:l., 0,,"0 ... 0 ~ " 0'" .- ~ . U".... Z ""'''' or> 01: ""-<~ .... .. ~;~ >> N ... .. "" '" UZ "" .; ...i t:2~ ~<8 ..l S ...;::J ~I;;o ~ ~ 00 ~ ~ ~ ' >> ~ ~ I;;o~ " ...u ~~ .4~ .... g. ~ ~~ o~o fi:'g P. lI'l ;::J~ ~=u < .., " ..l ""6 ~ \C i) 8c2 ...= j:l., ~ ~~ .... (5 Vi """" U '" == ~~ ~ oi:j -1 .!3 ...~ Zii; ..!:! "Cl Z;::J "" j:l., ~ -< ....u u r:-i C:. c.., c.,) -~ ALL THOSE CERTAIN lt3ClS of land, togelller willllhe improvcmenl~ lhereon erected, simalC In Upper Mifflin Tllwnsllip. Cumberland Cllunty, Pennsylvania, h<lunded and described ... follows: TRACT NO. I: BEGINNING al a spike in lhe center of Township Road (1'-402) at corner of LoI No.4 on Piau of Lots of Rob<:n G. ZiInmcrman and Ben. G. Zimmcrman. his wife. recorded in IIIe Office Of !be Recorder of Deeds in Plan Book 13. Page 32; Ibence along Lot No.4, North 25 degrees 29 minull:8 00 seconds Ilast 200.00 feet to aD iron pin; thOlJCC along lands IIOW or formerly of Robert O. Zimmennan. clllX. NoI1h 67 <leg""'s 30 minutes 00 seconds West 100.00 feet kI an iron pin; lbence along ull NO.8 onlbe .rorewd Plan of 101.0, SoUlb 2j degrees 29 IDiomes 00 oecood, West 200.00 feet to a spike in !be center Of T -402; thence over !be .:enler IllIe Of T -402 SoUlb 67 degrees 30 minutes 00 secollds EaSt 100.00 feet to a spilce, tbe place or Beginning. BEING aU of LoI No. 5 in Plan of Lots aforesaid. recorded in Plan Book 13. Plge 32, and known ami numbered as 635 Middle Road. Newville, Peonsylvan;a 17241. TRACT NO.2: IlEG1NNING alII point in the centu of Townsbip Road (1'.402), which point is 370.00 feet Northwest oYer the center of 1'.402 fonn a comnwn comer with land. now or focmerly of Robert O. Zimmerman an<! Hena G. Zimmerman, his wife. and Rig Spring SdIoo1 District; Ihence along other lands now or fomedy of Harold L. Ictcs and BaItnlra A. IekelI. his wife:. Nonh ZS degm:s 29 minutes 00 seconds F.ast 200.00 IeetlO an iron pin; lbenee over odter lands now or Connerly of Robert G. Zimmerman and Bena G. Zimmennan, bis wife. North 67 degrees 30 mirwll:8 00 seconds West 100.00 feet to an iron pin; thence along other lands now or formerly of Robert G. Zimmerman and Bem1 G. :timmerman. his wife. (Lot No.5) South 2S degrees 29 millUles 00 SCCOl1d$ West 200.00 f~t to a point in !be center of T-4Q2; thence along lbe center of T -402 South 67 degrees 30 mlflUlCS 00 ~econd. Ea.qt 100.00 feet to a point, the place of Beginning. BEING Lot No. 4 in the Plan of Lois as laid oul by Roben G. Zimmerman and 13cna G. 7,immerman as recorded in the Office of the Recorder of Deeds ill and fur Cumberlalld COUlIty in Plan Book 13, !'age 32. TITLE TO SAID PREMISES IS VESTED IN !..any L. Zinn, lr. by Deed from Paul D. Hershey. single man dated 8/14/1997 and recorded 8/15/1997 in Deed Ilook 162, Page 993. Tax Parcel #44-05-0411-030 r~ \~ ('-"v ~ -\~ -()> . - .--t-~ ,.--r:-,~";> CI; ---. LN ~~- ~ -. ~ \ 0' 2' :--l '-..1\ ~ d I - "'-''> -r, u-.. e- C"'- 1>'- <Y c /- Cl .--' , \ G -.-, . . t.,) -, WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORP f/fkla PHH MORTGAGE SERVICES CORP. Plaintiff(s) From LARRY L. ZINN, JR., 635 MIDDLE ROAD, NEWVILLE PA 1241. NO 04-2728 Civil CIVIL ACTION - LAW (1) You are directed to levy upou the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 635 MIDDLE ROAD, NEWVILLE P A 17241 (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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $79,478.40 LL $.50 Interest FROM 8/3/04 TO 1218104 @$13.06 per diem = $1,671.68 Atty's Cornm % Due Prothy $1.00 Atty Paid $II9.66 Other Costs Plaintiff Paid Date: AUGUST 3, 2004 CURTIS R. LONG (Seal) PrOthJotary . Ih By: . '~/(d ~/ Deuty U REQUESTING PARTY: Name FRANK FEDERMAN, ESQ Address: ONE PENN CENER@ SUBURBAN STATION 1617 JFKBLVD., SUITE 1400 PHILADELPlliA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court lD No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SmE 1400 PHILADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION LARRY L. ZINN, JR NO. 04-2728 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pac C.s. Section 4904 relating to unsworn falsification to authorities. ~~~~f}Jiv FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (.'> (.. CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION LARRY L. ZINN, JR NO. 04-2728 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) , CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at. 635 MIDDLE ROAD. NEWVILLE. P A 17241. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LARRY L. ZINN, JR 635 MIDDLE ROAD NEWVILLE, PA 17241 2. Name and address ofDefendant(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) None 4. Name and address oflast recorded holder of every mortgage of record: ____ Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 635 MIDDLE ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal . knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 2, 2004 DATE ~nnk~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ..... ,.....-) c ~., C::~} .,..;.:' C.') :.'2 c..:\ , --.", CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION Plaintiff, CUMBERLAND COUNTY No. 04-2728 v. LARRY L. ZINN, JR Defendant(s). August 2, 2004 TO: LARRY L. ZINN, JR 635 MIDDLE ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 635 MIDDLE ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $79,478.40 obtained by CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION (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: l. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe 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 ifthis 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. IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ALL THOSE CF,RTAIN lIaClS of land. IOgelher will1111e lmprovcmcnu thereon erected, siluale in Upper Mifflin Town~llip. Cuml)Crland County, I'<lnMylvanla, bounded and deRCrillcd fl,1 follows: TRACT NO. I: BEGINNING at a ~pike in the center of Township Road (1'402) at cor_ of Lot No. 4 OJ! PIm of loIS uf Robert G. Zimmerman IIJld Ben. G. Zimmc:mIan, his wife, recorded in tile Ofl1ce of IIIe Recorder of Deeds in PIm Book 13. Page 32; tbenoo along l.ot No.4, NortIl 25 de&fCCS 29 minutes 00 seconds East 200.00 fed In an iron pin; then"" along lands now or formerly of Robert G. Zimmenuan. el ux. North 61 <Ieg"",s :ro minutes 00 scwnds Wm 100.00 fcellO an iron pin; tbence along Lot No.8 on llle aforesaid Plan of 100, Soulll 25 degrees 29 minutes 00 second. W... 200.00 feeL 10 a spike in the center of T --t02; thew:e over the center line of T -402 So1lll\ 67 degrees 30 minutes 00 seconds East 100.00 feet to a splj(e. the placc of Beginning. BEING all of Lot No. S in Plan of loIs afill_ill, recorded in Plan !look 13, Page 32. and known and nUlnbercd as 635 Middle Road. Newvllle, Pennsylvania 17241. TRACT NO.2, BEGINNING at a point in the center of Township Road n'.402), which point is 370.00 feet Norlhwcst over the center of T.402 form a comnwn comer with lands now or fQCtllerly of Robert G. Zimnwman and Rena G. Zimmerman, his wife, and Big Spring Scl\ool DlslrlCl; thence along olber lands now or furmcrly of lIaroW L. IcII;cs and llarbllra A. Iekcs, Ilis wife. Nonh 2S degrees 29 minutes 00 seconds F.ast 200.00 reetlD an iron pin: thence over other lands now 01' fonnerly of Robert G. Zimmerman and Bena G. Zimmennan, his wife, North 67 degrees 30 minutes 00 seconds West lOOJJO feet to an iron pin; thence along other lands now or formerly of Robert G. Zimmerman and lIena G. ;{.immcrman, his wife. (1.01 No.5) South 25 degrees 29 minUles 00 secDnds West :1.00.00 fed to a point in !he center of T-402; thellee along Ibe eenter Df T-402 South 67 degrees 30 mulUtes 00 secolld\ East 100.00 feet to a point, the place of Beginning. BeING Lot No.4 in the Plan of Lots as laid out by Robert O. Zimmerman and Bcna G. 7,in1l1l(lfRlan as re<:Ot<led. ill the Office of the Recorder of Deeds in and for Cumberland COllnty ill Plan Book 13, \'age 32. TITLE TO SAID PREMISES IS VESTED IN Larry L. Zinn, Jr. by Deed from Paul D. Hershey, single man dated 8114/1997 and rerorded 8ltS/lm in Deed Book t62, Page 993. Tax Parcel 6<<-05-0411-030 ...~ , r~_ } ., ), c AFFIDAVIT OF SERVICE , l'1,AINTIFF CENDANT MORTGAGE CORPORATION F/KlA PHH MORTGAGE SERVICES CORPORATION No. 04-2728 CUMBERLAND COUNTY PJT DEFENDANT(S) LARRY L. ZINN, JR ACCT. #0006111975 SERVE LARRY L. ZINN, JR AT 635 MIDDLE ROAD NEWVILLE, PA 17241 Type of Action .. Notice of Sheriff's Sale Sale Date: DECEMBER 8, 2004 SERVED Served and made known to L t:l1ilf',/ L, 2, AlAi :::::JP , Defendant, on the -3tJ -rj;f day of A ut:.tJ:ST ,200t at (p: </ I~, o'clockl.m., at /03.5" rt};cJrlle J?cI. J.J~{, 1I/;/k, pJ4 1'2;)<// ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. k:1' Adult family member with whom Defendant( s) reside( s), Name and Relationship is . <:'/#,/ ?, '.t/A J _ L. J;s;e . -' Adult in charge ofDefendant(s)'s residence who refused to give name or relationship, ' Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age~ Height~ .. Weight IfSV Race J.&L Sex -+' Other 1, , 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. _SIIIf Sworn to and sUbscr~ ~~:~:=~ """'''/lrjf,"O ';"'1 Mv.QI VIl'I..io"ExplreI~ I" / <_ of , ,200-=1;-- (1, _ ,/(J ~~ Notary: -1Uik Yr~'-- y: PLEASE ATTEMPT 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 l't Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Atlornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 "'~:,:;"i,+F,.t.:,~.., _..11,/; .."';i';f\:>~' .~,"-V ",I. I. t;t...,: t ~;j'j~,() !:Il.t;r":'.:nt<) .'j..-,:!j IJtd.' j~) ~Il',r~:~ JR \l.U\,-'" :,' "~"2:ai:-\~"li._":; VM ":'~:;f~;;i'i~.~;.,....", ~~\-~;;:~;~ ...., c::';) c::') .~ (-') ,:~,i :::i C~', eX. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES CORPORATION ) CIVIL ACTION ) vs. LARRY L. ZINN, JR ) CIVIL DIVISION ) NO. 04-2728 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES CORPORATION hereby verify that on 8/4/04 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. 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X ......j ~~ng[ g; 8 ;:.~ ~ 0 N 0\ .~ <<>OR " " -.J 9 ~. = ~ Vl "~;l'"o. ~ () !' n!l ~ :> ~~.~ (f. ...;J "1~enct. ~ , 3 .~ ~ r;J ~. ~ il 8. C/) ~ _.g: S' to t"'" 0.8.E::8 ~ .tI1 i! n ~ ~ "'0 _. ~ 0. ::to 9 :> - 'g 0 ~~~~ "'0 ...... -.J a.. il :> 0 ~L~ a'!9. ...... ...... Erli'illt -.J w .gg8il ...... 0 g. en a g Vl ~~ ~::. ~'g: g'~ .... 5 ~1Jl' n ~.~'- I- "'"' ii! // U ~ il 5 ~. ..,- I ,- !~ ..~~€'i5 POs~ gaRS " ~~. ~ (~l~ !G .... '--, \ II ,() q... r~t:[ I I <.Q & - ~-~~~t~~- .... "" non -I>.. ~ Z g.IJl'~ ~. \ .. '<"6Ht=~,<-~ PHNf1' BO\.'VES ".> . (jj,l :? E::~8-<; c...o $ 00.9 .. '" "-. ..... 02 1 .. ::.g]~ ," E::;:.", ~ '--, I~ OC04300377 .:lUG 04 2, g -, n M.ll.lLED fRO!"-" ZIP CODE 1 ~ !. ~ ~ -.....~-~ I .. , . , I I " o>:z ....Q.~ c;nQ.8 tl> '"l tl> ::: ~ ~ Q. '" ::: ~ Q. ;'1;;~~ ~::::i(1l0 O".....'1::ltTl (11 0 (11 ~ -g:SS~ ~. 'Tl () > . . (11 Z "t:I('::a~ >(11(11 -S; \0(11..... -o.CIl"t:l 0,< t:: ::r: IfttlO'"tTl -oEil" ~Sg'~ .I::>. ~ ::l Z "= p) CIl' tl> '"1 ..... l" tt,p..~l" ., O. "t:I ~ CIl ::l . t:: >-3 -. ~ ~ ~ ~ tl> 0 ., 0 ~...;:...,... ~3;! 00 :'04 ~Q3 () f'...) 0 = ~;: <::::I "'Tl .J:..- "':::: ~'1 -0(1 : Z ~~ .~~; C} lllr= ...;: -~m 71 N -~,O ? r-~ ":,~ -" \.0 f~)6 ~r:. -'-1 -n :c: =n ~~: :J:: <:2("') - 6rn :z: .. :!;! =2 :0 Ul -< " cendant Mortgage Corporation f/kla PHH US Mortgage Corporation VS Larry L. linn, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2728 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, stat that on August 31, 2004 at 11:30 o'clock AM, he served a true copy of the within Rea Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upo the within named defendant, to wit: Larry L. linn, Jr., by making known unto Larry linn, personally, at 635 Middle Road, Newville, Cumberland County, Pennsylvania, i s contents and at the same time handing to him personally the said true and correct copy of the same. cpL Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 26, 2004 at 4:45 o'clock P.M., he posted a true copy of the with Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Larry L. linn, Jr. located at 635 Middle Road, Newville, 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 name defendant, to wit: Larry L. Zinn, Jr., by regular mail to his last known address of 63 5 Middle Road, Newville, P A 17241. This letter was mailed under the date of October 0 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Mileage Levy Surcharge 30.00 234.00 30.00 30.00 .50 1.00 22.20 30.00 30.00 " Law Journal Patriot News Share of Bills 418.85 347.89 30.42 $1,204.86 So ~~e~ ' .', ~ JJu I ~~~d<' ~ This ~ day of "~ -' r_ '" ~.-e:;. ~ O' /R. Thomas Kline, Sheriff 2004, A.D. ~ )ndft<.>. ~ I (', , I} ro onotary BY VO~~ Real Estate eputy Sworn and subscribed to before me ~I. {O .1 ?c-v0 /001'70 I!> 'J , V' r CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLE S v. CIVIL DIVISION LARRY L. ZINN, JR NO. 04-2728 Defendant(s). AFFlDA VIT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, E QUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following informat on concerning the real property located at, 635 MIDDLE ROAD, NEWVILLE, P A 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LARRY L. ZINN, JR 635 MIDDLE ROAD NEWVILLE, P A 17241 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record Ii on the real property to be sold: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property an whose interest may be affected by the sale. Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has y interest in the property which may be affected by the sale: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) Tenant/Occupant 635 MIDDLE ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 Nortb Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of knowledge or information and belief. I understand that false statements herein are made s penalties ofl8 Pac C.S. Sec. 4904 relating to unsworn falsification to authorities. personal . ~ect to the August 2. 2004 DATE ~rt~--DQ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ( CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION Plaintiff, CUMBERLAND COUNTY No. 04-2728 v. LARRY L. ZINN, JR Defendant(s). August 2, 2004 TO: LARRY L. ZINN, JR 635 MIDDLE ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTlNG TO COLLECT A DEBT AND ANY INFO OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCH BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONS AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.' Your house (real estate) at. 635 MIDDLE ROAD, NEWVILLE, PA 17241, is sc duled to be sold at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland Count Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $79,478.40 ob ined by CENDANT MORTGAGE CORPORATION F/KIA PHH MORTGAGE SERVICES CORPORATION (the mortgagee) against you. In the event the sale is continued, an ann will be made at said sale in compliance with Pa.R.c.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, 1 e charges, costs and reasonable attorney's fees due. To find out how much you must p y, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to stri or open the judgment, ifthe judgment was improperly entered. You may also ask the C urt 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 ore 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 OT ER 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 bid er. You may find out the price bid by calling (21 5) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was 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 i 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 wner 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 e Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedi gs to evict you. 6. You may be entitled to a share of the money which was paid for your house. A chedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of e sale. This schedule will state who will be receiving that money. The money will be paid out in accor ance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed 'th the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home bac ,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 OFFIC LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale m st 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, P A 17013 (717) 249-3166 (800) 990-9108 I , ALL THOSE CERTAIN lfaCC$ of land. togelher willi tile ;rnprovclllenl~ thereon ereeled, situate i Upper MifUin Township, Cumberland County, Penll!lylvanla, hounded and described a.1 follows: TRACT NO. I: BEGINNING at a 5pik;e in thc center of Township Road (1'-402) at corner of Lot No.4 on Plan of Lols of Robert G. Zimmerman and Rena G. Zimmennan. his wife. recorded in tbe Office of tbe Recorder of Deeds in Plan Book 13, Page 32; thence along Lot No.4, North 25 dcgfCCS 29 minu 00 seconds East 200.00 feet to an iron pin; thence along lands now or formerly of Robert G. Zimmennan. et ux. North 67 degrees 30 minute. 00 oeconds WellllOO,oo feet 10 au iron pin; tileD along Lot No. 8 on the aforesa;d Plan of 101.', South 25 degrees 29 minutea 00 seconds West 200. feet to a spike in the c<:oler of T -4QZ; !hence over !he cenler lllle of r -402 SoUlll 67 degrees 30 minutes 00 seconds EaSt 100.00 feet to . spike, the place of Beginning. BEING aU of LoI No.5 in Plan of Lots aforesllid. recorded in Plan Book 13, Page 32, and Icnown and numbL>red M 635 Middle Road, Newville, Pennsylvania 1724 L TRACT NO, 2: BEGINNING at a point in the CCIltcr of Township Road ('1'.402), which point is 370.00 feel Northwest over the center of T-402 form a common c'Orner with lands now or formerly of Ro G, Zimmerman and Bena G. Zimmennan, his wife, and Big Spring Sdtool District; thence alon other lands now I/[ fOlllll:fly of Harold L. IeIccs and Barbara A. IeIccs. his wife. Nonh 25 de s 29 mirmtes 00 secvnd! FJISl: Wltoo reet to an iron pin; Ibenee ov\!!' other lands now Of fonnerly or Robert G. Zimmerman rmd Bena G. Zimmennan, his wife, North 67 degr= 30 minules 00 s ds West 100.00 feet to an iron pin; thence along other lands DOW or formecly of Robert G. Zimm and lle:na G. J:jmmerman, his wife:. (Lot No.5) South 25 degrees 29 millUlCs 00 SlXlDnds Wes 200.00 f~t to a ])Oint in the center of T-402; lbcncc along the center of T-402 South 67 degre 30 mlllU(CS 00 seeond.~ East /00.00 feet to a point, the place of Deginning_ BEING Lot No.4 in tlre Plan of Lols as laid out by Robert O. Zimmerman and Ilcna G. 7.immermatl as re<:!ll'(\ed in the OfflCC of the Re1:order of Deeds illlllld fur Cumbel:1atId COun In Plan Book 13, I'ag~ 32. TITLE TO SAID PREMISES IS VESTED IN Larry L. ZilUt,lr. by Deed from Paul D. Her hey, single man dated 811411997 and recorded 8115/1997 in Dcro Book 162, Page 993. Tax Pan:el #44-05-0411-030 WRIT OF EXECUTION andjor ATTACHMENT COMMONWEALTH OF PENNSYL V ANlA) COUNTY OF CUMBERLAND) NO 04-2728 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORP flfkla PHH MORTGAGE SERVICES CORP. Plaintiff(s) From LARRY L. ZINN, JR., 635 MIDDLE ROAD, NEWVILLE P A 1241. (I) You are directed to levy upon the properly of the defendant (s)and to sell REAL ESTATE LOCATED AT 635 MIDDLE ROAD, NEWVILLE PA 17241 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendaut(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any properly of the defeuda t (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is fouud in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as garnishee and is enjoined as above stated. Amount Due $79,478.40 L.L $.50 Interest FROM 813/04 TO 1218/04 @ $13.06 per diem = $1,671.68 Atty's Cornm % Ally Paid $1l9.66 Plaintiff Paid Date: AUGUST 3, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: \. I REQUESTING PARTY: Name FRANK FEDERMAN, ESQ Address: ONE PENN CENER@ SUBURBAN STATION 1617 JFKBLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 " ^'~~ ry c Real Estate Sale #23 On August 27, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Upper Mifflin Township, Cumberland County, P A Known and numbered as 635 Middle Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 27,2004 By: ,,J 0 c1, S",Q-Ll. Real Esta-te Deputy \Slll)]d ": t; ;}PI N.:.f,' .:I;lj(.<:'1I _d.U E> CU;) I:Vi] I:::::::J ~ /iii;) .. BEING all of Lot No. in Plan of Lots aforesaid, recorde in Plan Book 13, Page 32, and kn wn and numbered as 635 Middle R d. New- ville, Pennsylvania 1724 I. TRACT NO.2: BEGINNING at a point i the cen- ter of Township Road (T-40 J. which point is 370.00 feet North est over the center of T -402 form a ommon comer with lands now or ormerly of Robert G. Zimmerman a d Bena G. Zimmerman. his wife, nd Big Spring School District; the ce along other lands now or former! of Har- old L. Iekes and Barbara . Iekes, his wife, North 25 degrees 29 min- utes 00 seconds East 20 .00 feet to an iron pin; thence ov r other lands now or formerly of bert G. Zimmerman and Bena G. immer- man. his wife, North 67 de ees 30 minutes 00 seconds Wes 100.00 feet to an iron pin: then e along other lands now or former! of Rob- ert G. Zimmerman and Ben G. Zim- merman, his wife, (Lot No. ) South 25 degrees 29 minutes 00 econds West 200.00 feet to a poi t in the center of T-402; thence ng the center of T-402 South 67 degrees 30 minutes 00 seconds Eas 100.00 feet to a point, the place Begin- ning. BEING Lot No.4 in the Plan of Lots as laid out by Robert . Zim- merman and Bena G. Zim erman as recorded in the Office 0 the Re- corder of Deeds in and for umber- land County in Plan Book 3. Page 32. TITLE TO SAID PREM SES IS VESTED IN Larry L. Zinn Jr. by Deed from Paul D. Hershe , single man dated 8/14/1997 and corded 8/15/1997 in Deed Bo k 162, Page 993. Tax Parcel #44-05-041 I 030. Writ No. 2004-2728 Civil Cendant Mortgage Corporation. f/k/ a PHH Mortgage Services Corporation vs. Larry L. Zinno Jr. Atty.: Frank Federman ALL THOSE CERTAIN tracts of land, togeUler with the improvements thereon erected. sitUate in Upper Mif- flin Township. Cumberland County, Pennsylvania. bounded and de- scribed as follows; TRACT NO. I; BEGINNING at a spike in the center of Township Road (T -402) at comer of Lot No.4 on Plan of Lots of Robert G. Zimmerman and Bena G. Zimmerman, his wife. recorded in the Office of the Recorder of Deeds in Plan Book 13, Page 32: thence along Lot No.4. North 25 degrees 29 minutes 00 seconds East 200.00 feet to an iron pin: thence along lands now or formerly of Robert G. Zimmerman, et ux. North 67 degrees 30 minutes 00 seconds West 100.00 feet to an iron pin: thence along Lot No. 8 on the aforesaid Plan of lots, South 25 de- grees 29 minutes 00 seconds West 200.00 feet to a spike in the center of T -402; thence over the center line of T-402 South 67 degrees 30 minutes 00 seconds East 100.00 feet to a spike, the place of Begin- nino REAL ESTATE SALE No. 25 Writ No. 2004-2728 Civil Term Cendant Mortgage Corp. flkla PHH Mo~ge . Services C5rp. Va Larry L.Zil'ln, Jr. Atty: Frank Federman DESCRIPnON All. THOSE CERI'AIN IriIcts of 1and, together with the . thereim erecttd; situate in Upper =r::hiP, Cumberland County, Pennsylvania, bounded andde8cribed as follllws: mACf NO. I: BEGINNING at a spike in the center of Townsbip Road (T-402) at comer of Lot No.4 on Plan of Lots of RobertG; Zimmerman and Bena G. Zimmerman, his wife, recorded in the 0Ilic~ of the Recorder of Deeds in PIaaBook 13, Page 32; thence along Lot No.4. North 25 degrees 29 minutes 00 'seconds East 200.00 feet to an iron pin; thence along lands now or for-merly of Robert G. Zimmerman, et ox. North 67 degrees 30 minutes 00 second, West 100.00 feel to an iron pin; thence along Lot No. S on the aforesaid Plan of Lots, South 25 degrees 29 minutes 00 seconds ~ West 200.00 feet to a s~ in" the center of1:.402; thence over the center line..of T-402 South 67 . degrees 30 minutes 00 seconds East 100.00 feet to a spike, theplaceofBEGINNING. . BEING all of Lot No. 5 .in Plan of Lots aforesaid, recorded in Plan Book 13, l'age32, and known' and numbered as 635 Middle Road, Newville, Pennsylvania 172.41. ., . . TRACT NO.2: BEGlNNI.iG at a point in the center ofTownship Road (T-402), which point is 370.00 feet Northwest over the center of T-402 from a common corner wjth lands now !'If fonnerly of Robert d. Zimmerman and Bena G. Zimmerm.., his wife, and Big Spring School Distric~ thence along other lands now or fonnerly of Harold L. Ickes and BamllIll A. Ickes, his wife, North 25 degrees 29 minutes 00 seconds East 200.00 feet to aa iron pin; thence over other lands now or formerly of Robert G. Zimmenn;. and Bena G. Zimmennan, his wife, North 67 degrees 30 minUlesOO seconds West 100.00 feet to an iron pin; thence along other lands now or formerly of Robert G. Zimmennan aodBena G. Zimmennan, his wife. (Lot No.5) Sooth 25 degrees 29 minutes OIl seconds West 200.00 feet to a point in the center ofT-402; thence along the center ofT-402 South 67 degrees 30 minutes 00 seconds East 100.OOfeettoapoin~ the place of BEGINNING. BEING Lot no. 4 in fue Plan of Lots as laid out by Robert G. Zimmerman and Bena G. Zimmerman as recorded in the Office of the Rec.order of Deeds in and for ()unberlmid County in PlJm Book 13, Page 32.... . TIlLE TO SAID.I'REMISES is vested in Larry L. Zinn, Jr. by Deed from Paul D. lleishey, single man, dated 811411997 and recorded 811511997 in Deed Book 162, Page 991 TAX PARCEL 1144-05-0411.030. .