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HomeMy WebLinkAbout05-2506.PIIELAN HALLINAN & SCIIMIEG, LLP LAWRENCE T. PH6LAN, F.SQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLALA, SUITE 1400 PHILADELPHIA, PA ]9103 (215) 563-7000 PHH MORTGAGE CORPORATTON, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PIIH MORTGAGE SERVICES CORPORATION 4001 LEADF,NHALL ROAD MOUNT LAUREL, NJ OR054 Plaintiff v. LARRY L. tINN, .TR. 635 MIDDLE ROAD NEWVILLE, PA 17241 Defendant AT'I'ORNF.Y FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM rJ NO. ~~~ as~~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without yon 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 HAVF. 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 Sen~ice Cumberland County Aar Association 32 South Bedford Street Carlisle, PA 170]3 (800)990-9108 File ~: 116453 IF THIS IS THE FIRST NOTICF. THAT YOU HAVE RECEIVED FROM( THIS OFFICF„ 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 TH E 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 MA[L 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. Filc k: 116453 , 1. Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A 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 PLAIN"TIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1399, Page: 976. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due O I /O1 /2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments aRer a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Cilc N: 116453 (i. The following amounts are due on the mortgage: Principal Balance $15,425.15 Interest 562.52 12/01/2004 through 05/13/2005 (Per Diem $3.43) Attorney's Fees 1,250.00 Cumulative Late Charges 93.60 08/14/1997 to OS/13/2005 Cost of Suit and "Fide Search $ 550.00 Subtotal $ 17,881.27 Escrow Credit - 49.34 Deficit 0.00 Subtotal $- 49.34 TOTAI. $ 17,83].93 8. 9. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $SQ000. 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 $ 17,831.93, together with interest from 05/13/2005 at the rate of $3.43 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: /s/ ^ ~ a linan~ 5~~t~~~~ LAWRENCE T. PHELAN, ESQUIRE FRANCISS.HALLINAN,ESQUIRE Attorneys for Plaintiff nix neass LEGAL DESCRIPTION ALL THOSE CERTAIN tracts of land, together with the improvements thereon erected, situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a spike in the center of Township Road ("1'-402) at corner 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; [hence 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 degrees 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 87 degrees 39 minutes 00 seconds East 100.00 feet to a spike, the place of BEGINNING. BEING all of Lot No. S in the Plan of Lots aforesaid, recorded in Plan Book 13, Page 32, and known and numbered as 63S Midd]e Road, Newville, Pennsylvania, 17241. SUBJECT, however, to the following restrictions: 1. There shall be a SO foot setback line from the center of T-402 and a 15 foot 2. All houses shall be used for residential purposes and the cost of which shall not be less than $15,000.00 at standard prices. 3. No trailers or mobile homes shall be placed or erected on the premises, nor shall any autontobilejunkyard or graveyard be maintained on the premises, nor shall any lot be used for the sale of uses cars, trailers, or mobile homes. BEING the same property that Paul D. Hershey and Julie I. Hershey, by deed dated September 12, 1978, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 1, Volume 28, Page 628, conveyed unto Paul D. Hershey, Grantor herein. TRACT NQ 2: BEGINNING at a point in the center of Township Road (T-402), which point is 370.00 feet northwest over the center of f-402 from a common corner with lands now or formerly of Robert G.Limmerman 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 2S degrees 29 minutes 00 seconds East 200.00 feet to an iron pin; thence over other lands now or formerly of Robert G. Zimmerman and Bena G. Zirttmerman, his wife, North 67 degrees 30 minutes 00 seconds West 100.00 feet to an iron pin; thence along other lands now or formerly of Robert G. Zimmerman and Bena G. Zimmerman, his wife, (Lot No. S) 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 BEGINNING. BEING Lot No. 4 in the Plan of Lots as laid out by Robert G. 'Zimmerman and Bena G. Zimmerman as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book ] 3, Page 32. BEING the same property that Paul Hershey, Debra Riggleman, and Donald Smith, by deed dated October ] Q, 1996, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 148, Page 939, conveyed unto Paul Hershey, Grantor herein. PREMISES: 63S MIDDLE ROAD Flc #: 116453 MARC J. HINKLE hereby states that he/shc is V,P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she 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 ofhis/her 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. 1~),~ DATE: v7 ~. ~. cv ~ o ~ ~~ ~~ ~. ~, "'i `~'1 ~_ _~ .,~ -- ~.; <. , <<; ~~ -~ ~~ ~~ ~:~ _, -. ,, , i SHERIFF'S RETURN - NOT FOUND • CASE NO: 2005-02506 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS ZINN LARRY L JR R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ZINN LARRY L JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT 428 STEELSTOWN NEWVILLE, PA 17241 ZINN LARRY L JR DEFENDANT IS NOT KNOWN AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers ~~_~~''~"~~~' J L~E R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 06/06/2005 Sworn and subscribed to before me this /5 day of~ <.ZtJ~ S A . D . Prothonotary SHERIFF'S RETURN - REGULAR 1 CASE NO: 2005-02506 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS ZINN LARRY L JR RONALD HOOVER 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 1843:00 HOURS, on the 3rd day of June 2005 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 18.00 Service 10.36 Affidavit .00 Surcharge 10.00 .00 38.36 Sworn and Subscribed to before me this /5. ~ day of l.{~G,wc_ aUt7~ A.D. T ~.~ Q . ,~ P o honotary T So Answers: ~~~~~ R. Thomas Kline 06/06/2005 PHELAN HALLINAN SCHMIEG Deputy Sheri f PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney [or Plaintifl ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 1 91 03-1 814 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, FJKIA PHH MORTGAGE SERVICES CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. LARRY L. ZINN, JR. Defendant(s). NO. 2005-2506 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 of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 5114105 to 7111105 TOTAL $17,831.93 $205.80 $18,037.73 I hereby certify that {I) 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. DAMAGES ARE HEREBY ASSESSED AS INDICAT D. DATE: ~),r~ 1 S aQbS Gi PRO PROTHY (Rule of Civil Procedure No. 236) -Revised IN TAE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY PHH MORTGAGE SERVICE5 CORPORATION COURT OF COMMON PLEAS 4001 LEADENHALL ROAD CIVIL DIVISION Plaintiff, v. LARRY L. ZINN, JR. Defendant(s). NO. 2005-2506 Notice is given that a Judgment in the above-captioned matter has been entered against you on JS 20 Gi~c~` DEPUTY If you have any questions concerning this matter, please contact: t G~~~ > v EL G. SCH ~ G, ESQ IRE Attorney for Plainti f ONE PENN CENTER AT SUBU N TATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 **THI5 FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1F YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, TH15 CORRESPONDENCE I5 NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN, HALLINAN AND SCHMIEG By: Francis S. Hallinan, Esq., Id. No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (2.15) 563-700D PHH MORTGAGE CORPORATION, F!K/A CENDANT :COURT OF COMMON PLEAS MORTGAGE CORPORATION. FJKJA PHH MORTGAGE SERVICES CORPORATION :CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. NO. 2005-2506CIVIL LARRY L ZINN, JR. Defendants TO: LARRY L. 7INN, 7R. 635 MIDDLE ROAD ~~++.. ~ ~, „ ,,,~ NEWVTLLE, PA 17241 ~~~L+~ ~ ~~,i DATE OF NOTICE:.TIiNF, z4 2005 I• THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE 1S SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS 5ET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OPFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HU2ING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE A[tomeys for Plaintiff 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 PHH MORTGAGE CORPORATION, FfIUA CENDANT MORTGAGE CORPORATION, FlKfA CUMBERLAND COUNTY PHH MORTGAGE SERVICES CORPORATION COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. , NO. 2005-2506 LARRY L. ZINN, JR. , Defendant(s). , 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 41 because it is: (X) an FHA mortgage O non-owner occupied O vacant Q 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. .___ _ 1 Gt~tiL DANIEL G. SCHMPI Attorney for Plaintiff PHELAN HALLINAN &SCHMIEG, L,L.P. I3y: 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 PHH MORTGAGE CORPORATION, F/KJA CENDANT MORTGAGE CORPORATION, FlWA PHH MORTGAGE SERVICES CORPORATION 4001 LEADENHALL ROAD ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, . N0.2005-2506 v. LARRY L. ZINN, JR, Defendant(s). 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) isfare 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. __ ~.,~. --_ ~ ~ ~ IEL G. SCH I)~G, ESQUIR Attorney for Plaintiff` v 7~ (+i. D i_ . `~ ~"!, -~4 ^~ V '-~-~. ~~ r -. c ~s ~ -?~ v c:_ "ts-- ~ C t ^ C7 - ~ Q~p G.~ C~ CARLISLE, PA 17013 (717) 249-316b (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE} P.R.C.P.3180-31$3 PHH MORTGAGE CORPORATION, F/I{!A CENDANT MORTGAGE CORPORATION, F(K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, No. 2005-2506 v. . LARRY L. ZINN, JR. Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue wrik of execution in the above matter: Amount Due Interest from 7/11/05 to DECEMBER 7, 2005 {per diem -$2.97) $18,037.73 $439.56 and Costs TOTAL $18,477.29 r ~H?t~LEL G. SCHM~G, ESQUIItE One Penn Center at uburban Station 1617 John F. Kennedy Boulevard, Sui e 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. d ~. Z, ~'~ Wk'U ~ ~ ~ 5~ 'Z, '~ ~ C ~ ~..ee~r, ~d, pUCS~~ct w ~~ O~~~O °~ da~,o ~, A ~ '~ x ~~ ~~a~ x~ ~~~ w r~j °"v © "_ y ~, c~ Fr r-° ~~' Cep ` > ,: u: ~ c ~ , , , . t - o ,~ ~v ~ .L =r -" i =.~ . ' r-- .r, . - 3 p o Z.U r-+ y o ~ y P w °~ O.y d W W ~ °° ~ p° o 0 a v C) 1 ~ ~ r 1 M 1 © ~. . ~ ~ ~ 1~ L/1 ~' ~ ~ Cr ~ r a N r d P~ _~ ~~ ~. ~ .~ 0 ~ ~a~i a ~~ d ~ w ~ "` dT' -.;. ~ L'-- C~'~ ~ '~- M a.. ,9 M ~ `- DISGRlPT1ON ALL THOSE C5RTAIN tracts of land, wgether with dtc improvcmcnta dterecsn crated, simatr: ht Upper Mifflin Township, Cunberland County, Ptnncylvania, txtundcd and described as follows: .1RA,___, cT t~~ 1~ BEGINNING at a spike in the ectuer af'1'awnship Raad (l'-4021 at canter of G.ot No. 4 as Plw of Lots of Raben G. Ziawxzatan and Bata G. Zstnnyetman, his wife, recorded in the OfSce of the Recorder of Deeds in Play Book 13, Page 32; thence along ).at No. 4, North 2S degrees 29 minutes OQ seconds fast 21m.00 fed m an imn pin; thence along fends mw or formerly of Robert G. Zirmnattnaa, et ux. Notch 67 degrees 30 minutes 00 saaads West ]x1.00 fuel to an iron pin; thence abng Lnt No. 5 nn the aforesaid f']an of ltrca, South ZS degrees 29 minutes 00 seconds West 200.4x1 feet to a spike in the center of T-402; thence aver the tearer llae of T-402 South b7 degrees 30 minuets 00 seconds East IW.00 fee[ to a spike, tltc place of Beginning. BEING all of I.ol No. S in Plan of I.ats aforesaid, recorded in Plan Dovk 13, Page 32, and brawn and nurnbercxt as 635 Middle Rtwd, Ntwvitle, pennsylvania 172x1. TRACT NO. 2' BEGINNING at a point in dtc ecrucr nt''I'ownship Road (1'-4Q2), which paint is 370.00 feet Northwtsl over the center of T-402 furor a cutnman wrner with [ands new or formerly of Robert Ci. Z,immerman and Rena C,, 7.fmmerman, his wife, and Rig Spring Schaal 17istrict; thexe along other lags avw ur forttuxly of Ilarold L. Ickes anet Barbara A. [ekes, his wife. Nunh ZS degrees 29 minutes 4x1 secostds Fast 200.OD feet tv as iron pin; thence ouer other lands new or formerly of Rabat G. Zitnmernran and Bena G. Zimmerman, his wife, North 67 degrus 30 minutes 00 sewnds West 100.00 feet to art iron pin; thence along other lands tww ar formerly of Robert C, Zimmerman and t3ena G. 'Limmcrman, his wifti, (Lac Nv. 5) Svudr 25 degeezs 29 tttiaults W strands West 200.00 tact tv a point io the center of T-402; thettec along the center of T-402 SonUt 67 degrees 30 minutes 00 seconds East IOO.tx) feet to a paint, the place of Beginning. BEING Lnt Na. 4 in the Plan of Lots as laid out by Rotiert G. 7.,hnmennan and Ilcna G. 7.imntermatt as recardod itt the (]tTict of the RecoNet of Deeds in and fur Cumberland Caunry~ in Plan Boak 13, Page 32. Tax Parul ,944.05-0411-030 TfTLF, TY) SA(D PRFMIS£S IS VES`1tiD fN ferry L. Zinn, Ir, by Deed from Paul D. Hershty, singlo man dated 8/14/1997 and recorded 8115/1497 in i]ctd Book 162, Page 993. Premises: 635 Middle Road, Newville, PA 17241 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO OS-2506 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, FJK7A CENDANT MORTGAGE CORPORATION, FIKlA PHH MORTGAGE SERVICES CORPORATION, Plaintiff (s) From LARRY L. ZINN, JR. (1) You are directed to Levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are a]so 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 duetted to notify hirnfher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $18,037.73 L.L. $.50 Interest FROM 7/11/05 TO 12/7/05 (PER DIEM - $2.97) - $439.56 AND COSTS Atty's Comm % Due Prothy $1,00 Atty Paid $141.36 Other Costs Plaintiff Paid Date: JULY 15, 2005 CLIRTIS R. LONG Pr~rY (Seal) n o ~ffJnr met.. Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No. 62205 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/I{/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, v. LARRY L. ZINN, JR. Defendant(s). NO. 2005-2506 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES CORPORATION, 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 ,635 MIDDLE ROAD. NEWVILLE, PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name LARRY L. ZINN, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 635 MIDDLE ROAD NEWVILLE, PA 17241 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) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 maybe 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 maybe 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 635 MIDDLE ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Julv 12, 2005 ~ C...,~` DATE DANIEL G. SC I ,ESQUIRE ~ Attorney for Plaintiff ~, T ^c~ c' `-',~G r, T.. -~~~. '. ",) C-3 ~ ~ [ T 7 ~~ Cr ~ PHH MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION No. 2005-2506 Plaintiff, v. , LARRY L. ZINN, JR. Defendant(s). July 12, 2005 TO: LARRY L. ZINN, JR. 635 MIDDLE ROAD NEWVILLE, PA 17241 * *THIS FIRM /S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREY/OUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THLS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN ACA/NST PROPERTY. Your house (real estate) at , 635 MIDDLE ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7.2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $18,037.73 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION F/K/A 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: 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. Z. 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 (2151563-7000. 2. You maybe 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 maybe 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 (]0) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE ALL 'CHOSF. CF,RTAIN tracts of land. together with the intprovcmcnts thereon erected, situate in Upper Mifflin Tpwnship, Cumberland County, Pennsylvania, bounded and dcscrilxd as follows: '['RACY NO. 1: BEGINNING at a spike in the center of '1'ownsbip Road (T-002) at conkr of Lot No. 4 an Plan of Lots of Robert G. Zinimtermam and Bona G. Zimmerman. his wife, ret:ordtd in the Office of the Rewarder of Deeds in Plain Book 13, Page 32; Ibettce along l.ot No. A, North 25 degrees 29 minutes 00 seconds Lest 200.00 fed to an inn pin; thence along lands ~w or formerly of Robert G. Zimmerman, et ux. North 67 degrces 30 minutes 00 seconds Nest !00.00 foes to an iron pin; thence along lot No. $ on the aforesaid Plan of Intl, Soufh 25 degrees 29 minutes DO records West 200.00 feet to a spike in the center of T-402; thence over the center lime of T-402 South 67 degrees 30 minutes 00 seconds Fast 100.00 Pert to a spike, the place of Beginning, BEING all of Lot No. S in Plan of Luis afurcutid, recorded in Plan Book 13, Page 32, and known and numbercxi as 635 Middle Road, Newville, Pennsylvania 17241. TRACT NO. 2: RE(iINNIN(i nt a point in the center of 7bwnship Road (1'-402), which point is 370.0 feet Northwest over the tenter of T-402 form a common corner with lands now or formerly oC Robert G. Zimmerman and Rena G. 7,immerman, his wife, and Rig Spring School TJtstritet; rherxe along other lands sow or formerly of Aarold L. Ickes amt Barbara A. Ickes, his wife, North ZS degrees 29 minutes ~ seconds Fast 200.00 feet to an iron pin; thence over other lands now or formcrty of Ruben G. 2immernten and Beoa G. Zimmerman, his wife, North 67 degrees 30 mitwtcs 00 seconds Nest 100.00 feet to an iron pin; thence along other lands now or formerly of Robert G. 2itamerntan and Rena G. 'Limmcrman, his wife, (Lot No. 5) South 25 degrees 29 tnimtues W seconds West 200.00 felt to a point im the t~nler of T-402; thence aiong she tearer of T-402 South 67 degrees 30 minutes QO secotdc East !00.00 feet to a point, the plat:c of Beginning. BEING Lot No. 4 in the Platt of Lints as lair! out by Rotieft G. 7..iimnerman and !lens G. 7,imttterman as recorded in the OtTi~cc of the Rxorder o[ Deeds is and fur Cumberland County in Plan Book l3, Pagc 32. Tax Partxl ~44A5-0411-030 '~j'1'LE TO $,t11D PREMISES IS VESTED IN Larry L. Zinn, Jr. by f>ee[1 from Paul D. Hershey, sittgie man dated 8/141144'7 and recorded 8115/1997 in Geed Btxtk 162, Yage 993. Premises: 635 Middle Road, Newville, PA 17241 ~ ~~ o ~_- ,-, J'1 -n t I' :il -~ _-f7, CJ7 =j r t t-~ ~ ~ _ ~ ~ ~~ < U - AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHII MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY ;KIO/SMC 1Vo. 2005-2506 ,4CCT. #0006111975 DEFENDANT(S) LARRY L. ZINN, JR. SERVE LARRY L. ZINN, JR. AT 635 MIDDLE ROAD NEWVILLE, PA 17241 Served and made known to at . ~~ , o'clock ~.m., at G3 ~ . of Pennsylvania, in the manner described below: 'Cype of Action - Notice of Sheriff s Sale Sale Date: DECEMBER 7, 2005 SERVED ~,ps 1Defendan`t,'on the I~ day of~, 200 'P 1~ d . N~ ~`~ ~ ' I \ e .Commonwealth Defendant personally served. ~ „r ~ ~ Adult family member with whom Defendant(s) reside(s). Name and Relationship is W Adult in charge of Defendant(s)'s residence who refused to give name or relationship. s v ~ c 2: NN Manager/Clerk of place of lodging in which Defendant(s) reside(s). V r Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendan[(s)'s company. Other: - ~,nC 5 ^~ S Description: Age,, Height~r Weight~~ Race ti1u Sex ~ Other aNef- 6vow~ ' ~- I, ~ c ~ 2 ~ ~~ Ca~m~_ aYCOmpetent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy ofpy of the N6tice of Sheriff s Sale in the manner as set forth hereiry issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed befo me hisaQ~ dad of 200 Nora '. e . 6SY,IJCAhJ-~s/ PLEASE ATTEMPT SERVICE AT On the day of Moved Unknown 2110_, at No Answer 15` Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 _. Notary: By: IERVICE ATTEMPTED. o'clock - m., Defendant NOT FOUND because: _ Vacant 2"a Attempt:_ / / Time: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I,D. No, 62205 NOT SERVED .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, ) CIVIL ACTION F/K/A CENDANT MORTGAGE ) CORPORATION, F1KfA PHH MORTGAGE SERVICES CORPORATION vs. ) CIVIL DIVISION NO. 2005-2506 LARRY L. ZINN, JR. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for PHH MORTGAGE CORPORATION. F/WA CENDANT MORTGAGE CORPORATION F/KiA PHH MORTGAGE SERVICES CORPORATION hereby verify that on 7/14/05 true and correct copies of the Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 3, 2005 DANIEL G. SCHMIEG, Attorney for P)ainti PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY PHH MORTGAGE SERVICES CORPORATION COURT OF COMMON PLEAS Plaintiff, v, CIVIL DIVISION LARRY L. ZINN, JR. NO. 2005-2506 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION, 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 ,635 MIDDLE ROAD, NEVWILLE, PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name LARRY L. ZINN, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 635 MIDDLE ROAD NEWVILLE, PA 17241 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) None 4 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 maybe 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 635 MIDDLE ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Julv 12, 2005 ~ ~ ~~~' DATE DANIEL G. SC I ~ , ESQUDZ~ Attorney for Plaintiff v -a 6 .~ „ z v. A 6 ~ ~ N a o ryrq~ "< z 7~ ~ .~ 0o r o~ N ~° 7a Mo ~ ,. ~~€~~ 8$~a~. ~~szd y E3E ~ ~ c uy~~y o °i o m N°o o < u 0 ~ S o ~ o'd~ m~ N y ~ ~ c yP Op ~. n ~ (f 6 O ~ Y N r0 y G 1 rv $ n ~ j o g h m n' °9.c°y 3 c n ~ 3 ~~a~ ~a~ F m ?. °9. 5a v° °o S n ~+~ ~+ ° v '~ H °o z ~ ~W ~' v E x ~ ~ _ u H 3 8a~; ~.'s 8 ~~g~. 3yq P_ fi " 0 r . W N O ~D Oo J G1 to A W N ry Z z z ~ ,°~ o ~_ O y a O ~ n b1 n ~ ~ ~ ~ y r 7~ p o z , F M ~ ~ ~ ~ '~ 6 hC 6 d ~ ~ a O d ~ a o i~ ~ r ~ m w a 0 0 p r x ~ ~ 0 CC ~ y N ~f ~ ~ r ~ ~ chi a a o J W 0 0 az, ro a~ ~ A A 0. ~ ~ a .'9, a b ~ O ~ ~ ~ ~" v ~~~~ ffi of ~ x ro x a~~r~ w o~ ~~ -- o ~ Ru ~~ ~~ a~ ~ n ~~~~ w °, ao'~ m ~ ~ Gl °o ~ r" C" o ro $ II 1. R ,~ 02 to ~ ~ ~~~ 0004300377 JUL14 2005 MAILED FROM ZIP CODE 19103 C' N ~j ~. c-> ~ ~ 'Cl ~f _ L } ~ ~!\ '"= _ '-r -: ~ .. _ -:i.,~ °. ~ rl ; . 4(`' _.... -.x.1.1 {~J `{ \l -G .. (\l PHH Mortgage Corporation, f/k/a Cendant The Court of Common Pleas of Mortgage Corporation, f/k/a PHH Mortgage Cumberland County, Pennsylvania Services Corporation Writ No. 2005-2506 Civil Term VS Larry L. Zinn, Jr. Cpl. Bryan Wazd, Deputy Sheriff, who being duly sworn according to law, states that on September 15, 2005 at 8:15 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Larry L. Zinn, Jr., by making known unto Larry Zinne, Jr., personally, at 635 Middle Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2005 at 3:44 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Larry L. Zinn, 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 named defendant, to wit: Lary L. Zinn, Jr., by regulaz mail to his last known address of 635 Middle Road, Newville, PA 17241. This letter was mailed under the date of October 06, 2005 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 instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 257.24 Advertising 30.00 Posting Handbills 30.00 Law Library .50 Prothonotary 1.00 Mileage 28.00 Certified Mail 4.42 Levy 30.00 Surcharge 30.00 Postage .74 Law Journal 569.00 Patriot News 435.62 Share of Bills 20_89 $1,467.41 Sworn and subscribed to before me This _ j~~day of ¢~«~ar' /f ~7~ 2005, A.D. L Pro ono ary 5~ ~Gf L ~ S~~ I Ans rs R. Thommas Kline, Sheriff BY JO 0 Real Estate ergeant PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/IC/A PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS v. Plaintiff, LARRY L. ZINN, JR. Defendant(s). CIVIL DIVISION N0.2005-2506 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION, 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 635 MIDDLE ROAD, NEWVILLE, PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name LARRY L. ZINN, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 635 MIDDLE ROAD NEWVILLE, PA 17241 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) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 635 MIDDLE ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. __ .... Julv 12, 2005 C ) ~ r DATE DANIEL G. SC I , ESQU~~ Attorney for Plaintiff PHH MORTGAGE CORPORATION, F(K!A CUMBERLAND COUNTY CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION No. 2005-2506 Plaintiff, v. LARRY L. ZINN, JR. Defendant(s). July 12, 2005 TO: LARRY L. ZINN, JR. 635 MIDDLE ROAD NEWVILLE, PA 17241 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPT/NG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TD COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at , 635 MIDDLE ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Cazlisle, PA 17013, to enforce the court judgment of $18,037.73 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F!K!A 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: 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 maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may 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 !2151563-7000. 2. You maybe 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 maybe 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 (]0) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO OS-2506 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION, Plaintiff (s) From LARRY L. 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 gamishee(s) that (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $18,037.73 L.L. $.50 Interest FROM 7/11/05 TO 12/7/05 (PER DIEM - $2.9'1) - $439.56 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $141.36 Other Costs Plaintiff Paid Date: JULY 15, 2005 CURTIS R. LONG Prothonotat ~f~ (Seal) ~Y~ ~O<Y.A.-._~ % ~(~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #OS On August 31,2005 the Sheriff levied upon the defendant's interest in the real property situated in Upper Mifflin Township, Cumberland County, PA 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 31, 2005 By: ~~"C~.~<~~ Real Estate ergeant Z 0 ~ 11 `~J ~ I ',1i' S[lul ,;;, ~~- ~~~ ~,~. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (L7nder Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyue, 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, October 14, 21, 28, 2005 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. TO AND SUBSCRIBED before me this LOTS E. SNYOER, Notary Puh!i~: Carlisle Boro, Cumberland Gourp~ My Commission Expires C,larch 5.2nt%" 28 day of October, 2005 REAL ESTATE SALE NO. 5 Writ No. 2005-2506 Civil PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation, F/K/A PHH Mortgage Services Corporation vs. Larry L. Zinn, Jr. Atty.: Daniel Schmieg DESCRIPTION ALL THOSE CERTAIN tracts of land, together with the improve- ments thereon erected, situate in Upper Mifflin Township, Cumber- land County, Pennsylvania, bound- ed and described as follows: TRACT NO. 1: BEGINNING at a spike in the cen- ter of Township Road (T-402) at comer of Lot No. 4 on Plan of Lots of Robert G. Zimmerman and Bena G. Zimmerman, h1s 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 m 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- ning. BEING all of Lot No. 5 in Plan of Lots aforesaid, recorded in Plan Book 13, Page 32, and known and numbered as 635 Middle Road, Newville, Pennsylvania 17241 TRACT NO. 2: BEGINNING at a point in the cen- ter of Township Road (T-402), which point is 370.00 feet Northwest over the center of T-402 form a common corner with ]ands now or formerly of Robert G. Zimmerman and Bena G. Zimmerman, his wife, and Sig Spring School District; thence along other lands now or formerly of Har- old L. Iekes and Barbara A. lekes, his wife, North 25 degrees 29 min- utes 00 seconds East 200.00 (eet to an iron pin; thence over other ]ands now or formerly oC Robert G. Zimmerman and Bena G. Zimmer- man, his wife, North 67 degrees 30 minutes 00 seconds West 100.00 teet to an iron pin; thence along other ]ands now or formerly of Rob- ert G. Zimmerman and Bena G. Zim- merman, his wlCe, (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 Begin- ning. BEING Lot No. 4 in the Plan of Lots as laid out by Robert G. Zim- merman and Bena G. Zimmerman as recorded in the Office of the Re- corder of Deeds in and for Cumberland County in Plan Book 13, Page 32. Tax Parcel ri44-05-0411-030. TITLE TO SAID PREMISES IS VESTED IN Larry L. Zinn. Jr. by Deed from Pau] D. Hershey, single man dated 8/ 14/ 1997 and recorded 8/15/1997 in Deed Book 162, Page 993. Premises: 635 Middle Road, Newville, PA 17241. 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: Thar he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 8] 2 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, panted 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/ Metxo editions which appeared in the 25`x' day(s) of October and the 1" and S°t day(s) of November 2005. 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 tha 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 [he 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 ............................. .. ... ...... y ... ...................... Sworn to and subs ibe fo me this 23rd da ~ of November 2005 .4.D. tJOTARIAI SERI. .~ Terry I. Russell, IJciary Public City of Harrisburg, Dauphin County My Commission ices June 2006 mbar, Ponnsyt+an' Aeaof~alio 0 oteries / D .c, ..../ ~ .. , My commission expires June G, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL (ESTATE SALE No. 06 Writ No. 1005.2606 Chill Term PHH Mortgage Corporetlon, f/k/a CendeM Mortgage Corp., f/k/ a PHH Mortgage SerWCes Corp. Vs Larry L. Ylnn, Jr. Ally: Danbl Schmhrg DESCRIPTION ALL THOSE CERTAIN tracts of land, together with the improvements thereao erected, situate m Upper Mifflin Township, Cumberland Comty, Pennsylvaoia,bouodedend described as follows: 'a" TRACf N0. L BEGINNING at a spike m the cemer of Township Road (T-402) at cmuer of Lot No. 4 on Plan of Lob of Robert G. Zimmerman and BenaG. Zimmermao,his wife. receded in the Office of tle Recanler of Deeds m Plan Book 13, Page 32; thence aMng Lm No.4,Narth 25 degrees 29 miomes m seconds East ZOOM tea to an imn pin; thence along Luais now m t«merly of Rahen G. Zimmerman, a u~. North 67 degrees 30 minutes m saonds West lmm fat m ao irou pie: thence abog I.a No. B on the aforesaid Plan of Lots, Swth 25 degrees 29 mimrtes 00 seconds West ZOOM feet m a spike m the center of T-402; thence over ~e center lim of T-002 South 67 degree 30 minutes m seconds Ease lmm feet m a spike the place ofBEGIIVNE4G. BEING aR of Lot No. 5 in Plan of Lots aforesaid, receded ID Plan Book l3, Page 32, a~ known and nmobefed as 635 Middle Road, Newvdle,Pmosylvania 17211. 'TRACT N0.2: BEGINNING at a poim in the caner of Township Road (T-0UZ), which point is 370m fee Noitlrwea over the center of T-002 from a cromrnon comes with Linda now a formerly of Robert G. Zimmerman and .Bane G. Zimrrman, his wife, and Big Spring School District thence along other Lmds now m famedy of Harold L. Rkes and Barbma A. Ickes, his wife, North 25 degrees 29 minutes m seconds East 200m fat m m iron pin; thence over other lands now m formerly of Robert G. Zimmerman and Bens 4~Zimmermaa, his wife, North 67 degrees 30 mmmes IXl semnds west lmm feet m m iron piu; thence along aher lands now or formerly of Raba[ G. Zimmerman and Bens G. Zhomerman, hie wife, (LO[ Na. S) South?S degrees 29 miwtes fYl seconds West 2mm fat m a point m Ne cents of T-002; thence abng the center of T-402 SouW 67 hAces 30 minutes m seconds East Immfatmapoim,the pLax ofBEGPlNING. BEING Lot No.4 in'ffie Plan of Lars a laid out by Robert G. Zimmerman and Berta G. Zimmerman ae recorded in the Office of the Recorder of Deeds m and fa CLmbe~laod County m Plan Back 13,Page 32. Tax Parcel F44-064M11-030. TITLE TO SAID PREML9ES E vested m Lary L.7.im, ]r. by Deed from Paul D. Hemhey, smgk mm, decd g/l4/1997 and recorded 8/15/1997 m DadBaok 993. premises: 635 = NewvBle, PA 1721E BOROUGH OF MECHANICSBURG, Claimant v. Julie Holderbaum, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2606 M.L.D. MUNICIPAL LIEN PRAECIPE FOR ENTRY OF SATISFACTION TO THE PROTHONOTARY: Please enter satisfaction in the above captioned Lien on payment of Prothonotary's costs. BOROUGH OF MECHANICSBURG By: ` David J. offs, squire Supreme Court ID No. 69701 Borough of Mechanicsburg 36 West Allen St. Mechanicsburg, PA 17055 (717) 691-3310 Dated: April 20, 2007 ~. "+,.. p~ r ~ h a `~ N '~ b G~7 ~ ~ ~~ OF y- ~ .~' ~ ~ C C1 ~ ~ '"T'~ ~~ _ ~~ ~"~ .. 3 t- c~ •~ 4