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Home My WebLink About06-2696 PHELAN HALLINAN & SCHMIEG, LLP 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 134580 PHH MORTGAGE CORPORATION, FfKfA CENDANT MORTGAGE CORPORA TION, FfKfA PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 A TTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM L.- NO. OI..-.2~'i'b Cu~L 1f'R..~ CUMBERLAND COUNTY v. LARRY L. ZINN, JR. 635 MIDDLE ROAD NEWVILLE, PA 17241 Defendant 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 foIlowing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personaIly 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 DONaT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATiON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELiGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 134580 File #: \34580 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 EST ATE. I. Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 3000 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) ofthe 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: 916. 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 0 I/O 1/2006 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 #: 1345&0 6. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2005 through 05/10/2006 (Per Diem $2.09) Attorney's Fees Cumulative Late Charges 08/14/1997 to 05/1 0/2006 Cost of Suit and Title Search Subtotal $9,419.98 336.49 1,250.00 93.60 $ 550.00 $ 11,650.07 Escrow Credit Deficit Subtotal 0.00 284.13 $ 284.13 TOTAL $ 11,934.20 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. If the 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 $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in J:\llil Judgment against the Defendant(s) in the sum of$ 11,934.20, together with interest from 05/10/2006 at the rate of $2.09 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 ~INAN & SCHMIEG, LLP ~./~~. By: (s!Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 134580 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. ]: BEGINNING at a spike in the center of Township Road (T-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 ofthe Recorder of Deeds in Plan Book ]3, 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 ]00.00 feet to an iron pin; thence along Lot No.6 on the aforesaid Plan of Lots, South 25 degrees 29 minutes 00 seconds West 200.00 feet to a spike in the center ofT-402; thence over the center line ofT-402 South 67 degrees 30 minutes 00 seconds East 100.00 feet to a spike, the place of BEGINNING. BEING all of Lot No.5 in the Plan of Lots aforesaid, recorded in Plan Book ]3, Page 32, and known and numbered as 635 Middle Road, Newville, Pennsylvania, 17241. SUBJECT, however, to the following restrictions: 1. There shall be a 50 foot setback line from the center ofT-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 pnces. 3. No trailers or mobile homes shall be placed or erected on the premises, nor shall any automobile junkyard or graveyard be maintained on the premises, nor shall any lot be used for the sale of used 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 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 corner with lands now or formerly of Robert G. Zimmerman and Bena G. Zimmerman, his wife, and Big Spring Schoo] District; thence along other lands now or formerly of Harold L. Ickes and Barbara A. Ickes, his wife, North 25 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. Zimmerman, his wife, North 67 degrees 30 minutes 00 seconds West] 00.00 feet to an iron pin; thence along other lands now or formerly of Robert G. Zimmerman and Bena G. Zimmerman, his wife, (Lot No.5) South 25 degrees 29 minutes 00 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] 00.00 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 13, Page 32. BEING the same property that Paul Hershey, Debra Rigg]eman, and Donald Smith, by deed dated October 10, ] 996, 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. PROPERTY BEING: 635 MIDDLE ROAD File #: 134580 , . VRRTFTC.ATTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification couId not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best ofrus knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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. ~/L FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: -5l ~\ o\[l I I XJP t. I'\t ~ w ~ - ~ i) \:> ~ Ir( ~ Cr1 C> ~ 1: "f- r (') ~; <- "'Ui5'-' n"i. '"7'0" &;(;-.~, %... r:..~~ r..' ~;'~~ 7' ::~ -<. """ """ = cT' ::It "" -'" 8 ~ ~ fl,:n \=n 3, Q - C)a '-'5""1'. . -n (D "?'~ o 'i;! ~~ ~ t2 N -J ~ c nLLAN 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, FIKfA CENDANT MORTGAGE CORPORATION, FIKfA PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 06-2696 v. 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 Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 5/11/06 to 6/29/06 TOTAL $11,934.20 $102.41 $12,036.61 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as show above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DAMAGES ARE HEREBY ASSESSED AS INDICA DATE: ..j,~ dG.. ;;''f. J.,ooh 134580 PHELAN HALLiNAN & SCHMIEG, LLP ..... By: Lawrence T. Phelan, Esq., rd. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq.. Id. No. 62695 Daniel G. Schmieg, Esq., ld. No. 62205 Philadelphia, P A 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/KIA CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION, F/KIA PHH MORTGAGE SERVICES CORPORATION : CIVIL DIVISION Plaintiff : CUMBERLAND COUNTY Vs. : NO. 06-2686 CIVIL TERM LARRY L. ZINN, JR. Defendants TO: LARRY L. ZINN, JR. 635 MIDDLE ROAD NEWVILLE,PA 17241 DATE OF NOTICE: JUNE 6. 2006 fiLE COPY THIS FIRM IS A DEBT COLLECTOR ATIEMPTiNG TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU iN AN ATIEMPT TO COLLECT TIlE 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 ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAiNST PROPERTY. IMPORTANT NOTICE YOU ARE iN DEFAULT BECAUSE YOU HA VE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITiNG WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET 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 IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH iNFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH iNFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOClA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLiNAN, ESQUIRE Attorneys for Plaintiff ... PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103..1814 (215) 563.7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION, FIKfA CENDANT MORTGAGE CORPORATION, FOOA PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION Plaintiff, NO. 06..2696 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) 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 relat' g to unsworn falsification to authorities. ~ c -;x::) ~ ~ ~ it- '\ ~ - () ~ - tel C) ~ ~ :-U ~ .~ ~ FC r- 1- (') r-.l c' :~-: C) I";''' 'I .-, ~:r: fTl "-, LO ..J =;:~ ( ,; I.) . .... (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION, FIKfA CENDANT MORTGAGE CORPORATION, FIKfA PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 06..2696 v. LARRY L. ZINN, JR. Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~ ),..< ~~ 2..9. 200 ~. By. {L-hJ 12 :4: Df:fU1Y -~O If you have any questions concerning this matter, please contact: "THIS FIRM IS A DEBT COLLECTOR ATTEMPTiNG TO COLLECT A DEBT AND ANY INFORMA nON OBTAiNED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAiNST PROPERTY." 01/01/1994 16:03 6092190173 PHARMACO PAGE 02 ..; , --:, ......:-. .....,. , ~ AJ1I1DAVlT OF SERVICE CUMBERLANO COUNTY I No.06-2696 ~s*-13~5"go ACCT. #0006111975 DEJl'END~ PBBMORTGAGK COIll'ORATION, FOOA CINDANT MORTGAGE CORPORATION, POOA PBB MOltTGAGE SERVICES COIU'QRATION LARRY L. ZINN, JR. Type of Action . Notice of Sberiffs Sale PLAJN'I1PlP SERVE L_~L. ZII'fN,.... AT 6.1I~toAD ~,lIA 17141 Sale Date: 12/6/06 SERVED Serv.dlllll.......wnto l.o.rf'V L- 2,,'/11'\ -;Sf'. .D.fendant.ontbo al 7= S"Lf. o'~IoCf....., at ~ ~ ~ -^'I.: d.~ d. 20 day or. J"....~, 2m)' ..... . ~.l Commonwealth ofPotmayMilll, ill... ___ deocn'blod below: ~-1'lli,...uy....-d. ' AcWIlIaIIiIr ~ with whmn Defelldalll(l) ,.aicle(a). Na"'" and R.latiooship is AdI!II ill qtiIJse N'DdimdaI>l(.)'. rea~ ....ho refused to give name or relatiClllShip. ~ or,. or\flcl&iot in ....ltich Defcftdant(l) relidc(s). ^'* cir...... m cbaqe ofDerOlldaDl(s)', office Or us1ll1 place ofbusines.. aD oftlcor of said DerODdanl(l)" company. OIl*: Det Ap3.f:'t'r Heilht~l/ll Wei811IZ~ Raee V Sexd Othe, I, av, . 6. R. bel't .f'~ a coq>eIenl acIoJ~ belD& duly ......,m aeeo,ding 10 la.., dep<>sc and s,atethatl p."",naJJy handed II true ..cl ~ copy ofthl Notice ofSherifrs Sale in the manner as set forth herem, jssued in the captioned c;,se on the date and at the adcnaa MIIItlId abcwe. [)~ -4~- T 3 TIMES. INDICATE DATES & TIMES 0'" SERVIn; ATn:MI'n;J). NOT SERVi:D . 200.......... at o'dock _.m., Defenda~1 NOT FOUND beeau,e; _ Mowol _ UnIa1oWll_ No Answer _ Vacant 1" Atte.: Jrd All 'JIlt: I I Time: 2"" Attempt: I I Time: I I TiIne: Sworn 10 .. ....,jbe4l befon...... _____., of ,200_. Notary: By: ~-I.D.No.'Z215 : , t: (') c: s: uL-r, j;t: (./1.' r::: ",',:- .:~:~.~ >C-~ .~ \ ,.., = = cro ".. c:: c., w o " ~:o "oFn 'nO C~)I) ~~~ .<.;-01 ~ ~ -< -0 =.: W N v:;, PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, FIKIA CENDANT MORTGAGE CORPORATION, FIKIA PHH MORTGAGE SERVICES' CORPORATION Plaintiff, No. 06-2696 v. LARRY L. ZINN, JR. Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: ,/ Amount Due $12,036.61 Interest from 6/29/06 to 12/6/06 (per diem -$1.98) $316.80 and Costs TOTAL Add'l fees $12,353.41 $1809.50 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1 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 representa~ive of the plaintiff is not present at the sale. :t4 ~: - ~w~ ) -,o\:J - -..... ....:t ~ Cfl ~ lrt . ~\. vt ,. , 0 o~~~ __.1 r 0 C ~ C 0 ~ \ \ \)' ,) -lI( r ~ \ -J ~ ~- ~ .... ~~ .' ~~ ... '" - ... ~ t'V .... .. .... - ~1=: -:( - .... r ' ~ s ~ ,... + Q; (") k\ d~ l'O ~;Z~ ~~ t ~ -d ~ ~~~ ~~ a- ~g * 0. l'O~a ~ ~ ~; r (")~~C"1 ~C r- ~ ~~ ~ o,,'~ de l"t a~ ~o'ag (")0 (0 1ft ~~ >0 ~ ~ o'a~(") * ~ li~ r < ~S~% 7..(") .- ~ ~ ~~ ~ '!' ~~ ~ (j) ~ ~ ~ ogg~ V\ ~ ~ ~~ (fl -<. ~o 0 r:::s' ~ o~ oJ> '2.~~..., (0 ~a c... ~'2. (j) ~ ~ ~~~ ~~ ~ ~ ... <6 ~t p. '2. Q"""'~ , ..4 (/lO~ ~o 0 1-); '2. ?~ ~ ~ l'O ); ~ -1 ~ ~ ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2696 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, FfKJA CENDANT MORTGAGE CORPORATION, FfKJA PHH MORTGAGE SERVICES CORPORATION, Plaintiff (s) From LARRY L. ZINN, JR. (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $12,036.61 L.L. $.50 Interest FROM 6/29/06 TO 12/6/06 (PER DIEM - $1.98) -- $316.80 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $117.18 Other Costs ADD'L FEES - $1809.50 Plaintiff Paid Date: JULY 25, 2006 CURTIS R. LONG (Seal) ProiliO~ p 7fc ~. . ~Ad~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION, FfKJA CENDANT MORTGAGE CORPORATION, FfKJA PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. .' . NO. 06~2696 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 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 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. <-. ~\ ... PHH MORTGAGE CORPORATION, FIK/A CENDANT MORTGAGE CORPORATION, FIK/A PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION LARRY L. ZINN, JR. NO. 06-2696 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PHH MORTGAGE CORPORATION. F/K1A CENDANT MORTGAGE CORPORATION. F/K1A 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 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 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) CRAIG L. BRYMESSER 127 S M E SHIPPENSBURG, P A 17257 fIoJ" '.. 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 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, P A 17241 Domestic Relations of Cumberland County 13 North 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 my, rsonal knowledge or information and belief. I understand that false statements herein are made bject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 28. 2006 DATE -.1 - -1 "r <'. ~ PHH MORTGAGE CORPORATION, FIKIA CENDANT MORTGAGE CORPORATION, FIKIA PBB MORTGAGE SERVICES CORPORATION Plaintiff, CUMBERLAND COUNTY No. 06-2696 v. LARRY L. ZINN, JR. Defendant( s). June 28, 2006 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 12/6/06 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $12.036.61 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ..t. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 -to. DESCRIPTION ALL THOSE CERTAIN tracts ofland, 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 (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.' 6 on the aforesaid Plan of Lots, South 25 degrees 29 minutes 00 seconds West 200.00 feet to a spike in the center ofT-402; thence over the center line ofT-402 South 67 degrees 30 minutes 00 seconds East 100.00 feet to a spike, the place of BEGINNING. BEING all of Lot No.5 in the Plan of Lots aforesaid, recorded in Plan Book 13, Page 32, and known and numbered as 635 Middle Road, Newville, Pennsylvania, 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 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 automobile junkyard or graveyard be maintained on the premises, nor shall any lot be used for the sale of used cars, trailers, or mobile homes. BEING the same property that Paul D. Hershey and Julie 1. 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 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 ofT -402 from a common comer with lands now or formerly 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 miriutes 00 seconds East 200.00 feet to an iron pin; thence over other lands now or formerly of Robert G. Zimmerman and Bena G. Zimmerman, 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.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 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 13, Page 32. Premises: 635 Middle Road, Newville, PA 17241 Upper Mifflin Township, Cumberland County Pennsylvania BEING the same property that Paul Hershey, Debra Riggleman, and Donald Smith, by deed dated October 10, 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. PARCEL IDENTIFICATION NO: 44..05-0411-030 Control #: 44000233 PARCEL IDENTIFICATION NO: 44-05-0411-031 Control #: 44000234 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Larry L. Zion, Jr., by Deed from Paul D. Hershey, single man, dated 8-14-97, recorded 8-15-97, in Deed Book 162, page 993. .iJl " j'_. 1',.;1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-02696 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS ZINN LARRY L JR DOUGLAS RUZANSKI , 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 1128:00 HOURS, on the 15th day of May , 2006 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: Cpv. .$lJ.'tJ~ (, 18.00 9.68 .00 10.00 .00 37.68 .r~~ R. Thomas Kline A.D. Deput Sworn and Subscribed to before By: me this day of Prothonotary t \ \ SALE DATE: DECEMBER 6.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW PBB MORTGAGE CORPORATION, FIKIA CENDANT MORTGAGE CORPORATION, FIKIA PHH MORTGAGE SERVICES CORPORATION No.: 06-2696 vs. LARRY L. ZINN JR. AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 635 MIDDLE ROAD. NEWVILLE. PA 17241. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~~ JLJ~~ DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff November 27,2006 ~ " ~;~ ~ ~'F :~,," ~ -;;; ..,:;.~ ~ ..... i1!;j.\ lIJ ~ 6', ;Yo 1 \ Q A. ~ ~!~~ ~~~). ~ fl .... .... .... .... .... .- \0 00 -...l 0\ VI ... \IJ t>,) .... ~ VI ol>- \IJ N - 0 n ::z: il ~ mo ....... I a CD z c :I CT . '" Ii ~ (") ~ ~ ~ 0 2 ~ 0 I ~ i- il C5 0 ~ r r r -.. ! a ~ OJ ~ I (') J ~I ~ ~ f !!: ~ ~ m ?3 1- ~ I 0 ~ '" m e: "El l ;0 VI ff} ~ fJ'i ~ , .... ~ VI ~ ~ ~ I\) .~ "'ol ~ .. ml C1L 0 ~- u~ .8!:t ~ '!;; I:;l ! {Ii ~, ~ j ~!i m. ~ if CI:l E; ~ ~ i '"d I ~ t:l ~ 0 ~ . trl .; ... I i f en ~: t:l:l .r: ~ l"'" .m "e ..... P > \IJ ~ilrr kJ :: - ~ ~ ~ -...l f !I: - j ~ p~a e: ~ "T - .... ~ ii.[ .( ;j .... ~ VI tr! I a, i, a' ~ ~ "f~ i, ~ iilJ ~ ~ ~ 'il iJ , j i,llrl N ;~. IS 0 ~ e ~ == wVl "~rli. I ~ il'fi F1 [ OJ: I' ~ "d ~fj[ > ~ .... ~i II ~ isil I .... .... ~ \IJ - 1m!! ~ Il~:~ .' . ~~~'\. i HU .("~~~ itMf. , . Q2 1A$01.55O ~.., I.a:~ . · 0'004309825 JUL 19 200a 3::5 so::! . MAlLEDFROM Z1PCODE 19103 I.Al'i (Gl: I I I I I I . I I I I I I I O~2! ; Q, B = ~ nl Q,!:l- Q g, "'tl.....C"tl e:~i1~ J!h ~~I~ G~e~ O~CI.>> l.,o..I g.Z ~~~~ lU~ ~CI.>g~ C w ~o r' toJ..... l' r:n~ i,;1 go . o ~ ~ C "V "V o ~ -f i o c ~ -vi.TI rnrr z'- -".. 4_ (J.J ~ r< ':c:, ,- :'cr{_ "'-C, 5--:;'C: :z: -l -< t-...;) c::::l' c::::3 t:':T' :z: o -< N \.0 ~ ~. "T1~',.., ~. o -l, ~~ O. ~ ~ -0 :Jt ~ o o PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation f/k/a PHH Mortgage Services Corporation VS Larry L. Zinn, J r. In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2696 Civil Term Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 14,2006 at 2004 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Larry L. Zinn, Jr., by making known unto Stacy Zinn, wife of Larry L. Zinn, Jr., at 635 Middle Rd., Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her 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 10,2006 at 1752 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Larry L. Zinn, Jr. located at 635 Middle Road, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Larry L. Zinn, Jr., by regular mail to his last known address of635 Middle Road, Newville, PA 17241. This letter was mailed under the date of October 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned stayed per letter of request from Attorney Daniel Schmieg. Sheriffs Costs Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of bills 30.00 137.50 30.00 30.00 .50 1.00 24.64 4.92 30.00 30.00 797.00 551.57 15.94 Total 1683.07 ..J\j~ ~?~ R. Thomas Kline, Sheriff BY )td;'1~'~ Real Estate strgeant t,'O u /.~;Jt: 6&e~ I ti<- 1,)'JI (Gr* IB - .. '" t. PHH MORTGAGE CORPORATION, FfK/A CENDANT MORTGAGE CORPORATION, FfK/A PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION LARRY L. ZINN, JR. NO. 06-2696 Defendant(s). AFFIDA vrT 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 ofthe 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 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) CRAIG L. BRYMESSER 127 S M E SHIPPENSBURG, P A 17257 , 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, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of mx ersonal knowledge or information and belief. I understand that false statements herein are made bject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 28, 2006 DATE /. PIm MORTGAGE CORPORATION, F/KJA CENDANT MORTGAGE CORPORATION, FfK/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, CUMBERLAND COUNTY No. 06-2696 v. LARRY L. ZINN, JR. Defendant(s). June 28, 2006 TO: LARRY L. ZINN, JR. 635 MIDDLE ROAD NEWVILLE, PA 17241 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THA T 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 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 scheduled to be sold at the Sheriff's Sale on 12/6/06 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgme~t of $12.036.61 obtained by PHH MORTGAGE CORPORATION. F/K1A CENDANT MORTGAGE CORPORATION. F/K1A 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. /' You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriffthe full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. Ifthe 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 ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ,~ ../. DESCRIPTION ALL THOSE CERTAIN tracts ofland, 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 Towriship Road (T-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; 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: 6 on the aforesaid Plan of Lots, South 25 degrees 29 minutes 00 seconds West 200.00 feet to a spike in the center ofT-402; thence over the center line ofT-402 South 67 degrees 30 minutes 00 seconds East 100.00 feet to a spike, the place of BEGINNING. BEING all of Lot No.5 in the Plan of Lots aforesaid, recorded in Plan Book 13, Page 32, and known and numbered as 635 Middle Road, Newville, Pennsylvania, 17241. SUBJECT, however, to the following restrictions: 1. There shall be a 50 foot setback line from the center ofT-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 automobile junkyard or graveyard be maintained on the premises, nor shall any lot be used for the sale of used cars, trailers, or mobile homes. BEING the same property that Paul D. Hershey and Julie 1. 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 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 ofT-402 from a common corner with lands now or formerly 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 miriutes 00 seconds East 200.00 feet to an iron pin; thence over other lands now or formerly of Robert G. Zimmerman and Bena G. Zimmerman, 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.5) South 25 degrees 29 minutes 00 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 100.00 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 13, Page 32. Premises: 635 Middle Road, Newville, PA 17241 Upper Mifflin Township, Cumberland County Pennsylvania BEING the same property that Paul Hershey, Debra Riggleman, and Donald Smith, by deed dated October 10, 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. PARCEL IDENTIFICA TlON NO: 44-05-0411..030 Control #: 44000233 PARCEL IDENTIFICATION NO: 44-05-0411..031 Control #: 44000234 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Larry L. Zinn, Jr., by Deed from Paul D. Hershey, single man, dated 8-14-97, recorded 8-15-97, in Deed Book 162, page 993. WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-2696 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 garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $12,036.61 L.L. $.50 Interest FROM 6/29/06 TO 12/6/06 (PER DIEM - $1.98) -- $316.80 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $117.18 Other Costs ADD'L FEES - $1809.50 Plaintiff Paid Date: JULY 25, 2006 CURTIS R. LONG (Seal) pmfuO~ ~ "-2y ~2. r~Vf~r- 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 # 12 On August 21, 2006 the Sheriff levied 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 21,2006 By: JldJ\,S\~ Real Estate Sergeant g[ :[ dOl 9nV qOOZ . .--\i} IlL J.:/P:JJ!lS ' i_J, , : " ,:::,j __ f1 .J .-0 .j~}1.::I.::10 " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors ofthe 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 S ALE #12 s~~~.;~.9,/' ~rd~;d ~;:;:~~.~~;~;:.~~;~;;,;;;;.;~~~~;-;: i9~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal 1 Terry L. Russell, Notary Pubiic. \ City Of H~rri~burg, Daupilin coun~,.1"I \ My Co ISSlOn plrc~~~e 6, 2~, ~ I', c.:......r.."i8ti/:n of Notaries a REAL ESTATE SALE #12 ~ Writ No. 2006-2696 Civil Term Ja' PHH Mortgage Corporation, f/kIa . Cendant Mortgage Corporation ~ flkJa PHH Mortgage Services I!Il CorporatiOn 6' Va. ~ Larry L. Zlnn Jr. ,s; Atty: Danlel,Schmleg :~, '-..... ~1 DESCRIPTION )f 6. O' '1 ~ THl?SE CElU~AIN of land, together a, i In ~th the unprovements ereon erected, situate f I J m Upper ~ hip, Cumberland. ' o County, Pennsylvama, and described as I ) ,: follows: . ( 1i Too #~: Beginning at a spike in the center of I ,u Township Road (T -402) at comer of Lot No. 4 '( r on Plan of. Lots of Robert G. Zimmerman and ,1 Bena G. Zimmerman, his wife, recorded in the ~ Office of the Recoider of Deeds in Plan Book .: , 13, Page 32; thence along Lot No.4. North 25 n ~ 'degrees. 29 minutes 00 seconds East 200.00 feet a I,.to an lIOn pin; thence along lands now or ,fonnerly of Robert G. Zimmerman, et ux, North P ::::iro~::::~S;~~:'~~~: I - ,.-...-~-...,j-,..~,.- . !he nd ne 1Y'1 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 12 --- Writ No. 2006-2696 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 ~d dp.:scribe:n ~R fC\l1ou.r~~ TO AND SUBSCRIBED before me this day of November, 2006 AL SEAL LOIS E. SNYDER, Notary Public Car~51e Boro, Cumberland County My Commission Expires March 5, 2009 PHJ~LA~T HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE .Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 PHH Mortgage Corporation, f/kJa Cendant Mortgage Corporation, f/kJa PHH Mortgage Services Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Larry L. Zinn, Jr. Defendant(s) No. 06-2696 PRAECIPE TO THE PROTHONOTARY: _Please mark the above referenced case Discontinued and Ended without prejudice. _Please mark the above referenced case Settled, Discontinued and Ended. XPlease mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: Id-!I?/~ ~F 's SH"'II' ? <-E 12----, r CIS . a man, sqUIre Attorney for Plaintiff PHS # 134580 -... -( -.....J ,....", C::;' ~ -... c..... ~::-,. <: o ,./ =r! mj22 -r; III ::(10 >". I ':'::;0 -~I~~ ::m i , ,-.J ~'::; CO) ~'-rn ,:) ~ -< -0 ~ (..,J