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HomeMy WebLinkAbout06-5802IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK of INDIANA, CIVIL DIVISION NO. 010 - S.06, ?, 01 U i ? -'?'1 C COMPLAINT IN MORTGAGE FORECLOSURE Code - MORTGAGE FORECLOSURE Plaintiff, vs. STEVEN ZINK, single Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, ) AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE ) LOAN TRUST 2005-FFH3, ASSET-BACKED ) CERTIFICATES, SERIES 2005-FFH-3, assignee of ) FIRST FRANKLIN FINANCIAL CORPORATION, ) assignee of FIRST FRANKLIN, a division of ) NATIONAL CITY BANK OF INDIANA ) Plaintiff, ) NO: OL VS. STEVEN ZINK, single, Defendant(s). ) 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 THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND 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 SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 150 Allegheny Center, Pittsburgh, PA 15212 . 2. The Defendant(s) is/are individuals with a last known mailing address of 124 South 2nd Street, Wormleysburg, PA 17043 . The property address is 124 South 2nd Street, Wormleysburg, PA 17043 and is the subject of this action. 3. On the 15th day of July, 2005, in consideration of a loan of One Hundred Thousand and no/100 ($100,000.00) Dollars made by First Franklin a division of National City Bank of Indiana, a CA corporation, to Defendant(s), the said Defendant(s) executed and delivered to First Franklin a division of National City Bank of Indiana, a CA corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and First Franklin a division of National City Bank of Indiana, as mortgagee, which mortgage was recorded on the 2nd day of August, 2005, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1917, page 0502. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: SEE EXHIBIT "A "ATTACHED HERETO. 5. On the 13th day of September, 2006, First Franklin, a division of National City Bank of Indiana, a CA corporation, assigned to the Plaintiff, First Franklin Financial Corporation, the said mortgage, that assignment to be recorded in the Office of the Recorder of Deeds of Cumberland County, the said assignment is incorporated herein by reference. 6. On the 13th day of September, 2006, First Franklin Financial Corporation, as Trustee for First Franklin Mortgage Loan Trust, a CA corporation, assigned to the Plaintiff, Deutsche Bank National Trust Company, the said mortgage, that assignment to be recorded in the Office of the Recorder of Deeds of Cumberland County, the said assignment is incorporated herein by reference. 7. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 8. Since June 1, 2006, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 9. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 10. The amount due on said mortgage is itemized on the attached schedule. 11. Pursuant to Pennsylvania Rule of Civil Procedure 1144, the Plaintiff releases from liability for the debt secured by the mortgage any mortgagor, personal representative, heir or devisee of the mortgagor who is not a real owner of the property as evidenced by the last recorded deed of record at the time of the filing of this Complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of One Hundred Eleven Thousand Nine Hundred Eighty Six and 77/100 Dollars ($111,986.77) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY Louis P. itti, Esquire Attorney for Plaintiff ZINK SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 99,379.81 Interest @ 8.0000% from 05/01/06 through 9/30/2006 3,310.85 (Plus $21.7819 per day after 9/30/2006 ) Late charges through 9/26/2006 0 months @ 36.68 Accumulated beforehand 243.52 (Plus $36.68 on the 17th day of each month after 9/26/2006 ) Attorney's fee 4,968.99 Escrow deficit 4,083.60 (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) BALANCE DUE 111,986.77 UNITED GENERAL TITLE INSURANCE COMPANY CONTINUATION SCHEDULE FOR USE WITH CONEWDIENT OR POLICIES SCBEDUM A-5 (Continued) Agent's File No.: GAS - 0 6 9 Commitment No.: Policy No.: 63400645 Continuation sebedule UGT Form No. 155 (7/31/00) EXHIBIT' M- oya.ysoesW-W?mrul BEGINNING at a point on the western line of Second Street on the dividing line between Lots Nos. 75 and 76 on the General Plan of Wormleysburg, said point being also 116 feet measured Northwardly along the Western line of Second Street from the Northwest corner of Second Street and Market Streetj thence in a Westerly direction along said dividing line of 96.9 feet to a point on the lands now or formerly of N.C.R.R. Company, thence along said last mentioned lands South 42 degrees 25 minutes East 25.04 feet to a point on the line of lands, now or formerly of William Rishelj thence in an Easterly direction along said last mentioned lands 95.4 feet to Second Street, thence in a northerly direction along the Western line of Second Street 25 feet to the point or place of BEGINNING. BEING A PORTION of Lot No. 76 on said General Plan of Wormleysburg and having thereon erected a three story front dwelling house known and numbered as 124 South Second Street, Wormleysburg, Pennsylvania. UNDER AND SUBJECT to easements, restrictions, rights-of-way, or other conditions of prior record. Parcel Identification Number 47-20-1858-141. BEING the same premises which Bare Properties, a Pennsylvania Partnership, by Deed dated August 8, 1997 and recorded August 13, 1997 in Cumberland County in Deed Book Volume 162 at Page 800, granted and conveyed unto Andrew E. Redmond, single, and Jennifer L. Will, single. VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Dated: September 26, 2006 ?- YOU HAVE ALTERNATIVES TO FORECLOSURE! Please take a moment to read about the following alternatives that may be available to you: LOAN MODIFICATION Working together with the lender to adjust the terms of your loan. If you qualify, this could reduce your monthly payments!* This will stop the foreclosure Action upon receipt of Certified Funds and Signed Modification Agreement. • This option is available for qualified applicants only, based upon credit history and property value. REPAYMENT PLAN A repayment plan may be available to bring your account current, over a specified amount of time.* The lender will hold the Foreclosure Action so long as the payments are made on time until the loan is brought current. * This option is available for qualified applicants only, based upon credit history and property value. PAYOFF To pay the loan in full. This will STOP the Foreclosure Action upon receipt of Certified Funds. PREFORECLOSURE SALE (also known as a presale or short sale) The sale of the property wherein the lender agrees to accept funds short or less than the payoff amount in return for the release of the mortgage lien. DEED IN LIEU OF FORECLOSURE The acceptance by the lender of a deed to the property instead of foreclosing on the property, in return for the release of the mortgage lien and a waiver of any balance owed by the borrower. Please call a National City Counselor for more information (800) 622-5035 National City Home Loan Services Inc. and First Franklin Financial Corporation are operating subsidiaries of National City Bank of Indiana, a national bank, which is a wholly-owned subsidiary of National City Corporation. National City Home Loan Services, Inc. services loans for the following affiliated entities as Altegra Credit Company Loan Services, First Franklin Loan Services, or National City Loan Services: National City Bank, National City Bank of Indiana, National City Bank of Kentucky, National City Bank of Michigan/Illinois, National City Bank of Southern Indiana, Madison Bank & Trust Company, National City Bank of Pennsylvania, Altegra Credit Company, First Franklin Financial Corporation. Imo/ CJ w '6g. t-I PI c P?- n r r-a czj l'7 rn Q cn_ ?o C_-) -r7 p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, CIVIL DIVISION NO. 2006-05802 PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE Code MORTGAGE FORECLOSURE Plaintiff, vs. STEVEN ZINK, Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Defendant. Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 r ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, vs STEVEN ZINK, Defendant. PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY NO: 2006-05802 Enter judgment in Default of an Answer in the amount of $113,250.12 of the Duetsche Bank, et al, Plaintiff in the above-captioned action, against the Defendants, Steven Zink and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $99,379.81 Interest from 05/01/06-11/27/06 4,574.20 (Plus $18.6165 per day after 11/27/06) Late charges (Plus $36.68 per month from 09/26/06-06/13/07 $293.44) 243.52 Attorney's fee 4,968.99 Escrow Deficit 4, 08, 3.60 (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) Total Amount Due $113.250.12 The real estate, which is the subject matter of the Complaint, is situate in Boro of Wormleysburg, Cty of Cumberland & Cmwlth of PA. HET a three story front dwg house k/a 124 South 2nd Street, Wormleysburg, PA 17043. 6&?? Louis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of NO: 2006-05802 FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, : Plaintiff, vs STEVEN ZINK, Defendant. CERTIFICATION OF MAILING I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on November 16, 2007, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. BY: Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 27th day of November, 2006. f No'amal Seal Snern; ?u,ary' L; is P16a* rs - ilk 6010 Aiieyreny Csounty „ram '>f1CV j:,,i-i;'; i i(A t-lotoQ1215 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, NO: 2006-05802 vs STEVEN ZINK, TO: Steven Zink 124 South 2nd Street Wormleysburg, PA 17043 Plaintiff, Defendant. IMPORTANT NOTICE Date of Notice: November 16, 2006 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LO VITTI & SOCI TE , P.C. B Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. r0 ?? Louis P. Vitti, Esquire SWORN to and subscribed before me this 27th day of November, 2006. sncm ary''uhiic ;.=atu ?,. , ,hyi?t? any{;OUi?tV M.; ,.x; '-5 J, nuarl 2b. t1??7 44 O O ra C? ??st Cw ?r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, VS. STEVEN ZINK, CIVIL DIVISION NO. 2006-05802 PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. Defendant. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, vs STEVEN ZINK, Defendant. NO: 2006-05802 PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due $113,250.12 Interest 11/27/06-06/13/07 33,667.44 Total $116.917.56 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Boro of Wormleysburg, Cty of Cumberland & Cmwlth of PA. HET a three story front dwg house k/a 124 South 2nd Street, Wormleysburg, PA 17043. Louis P. Vitti, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of NO: 2006-05802 FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, vs STEVEN ZINK, Defendant. AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute . That the Defendants' last known address is 124 South 2nd Street, Wormleysburg, PA 17043. Louis P. Vitti, Esquire SWORN TO and subscribed before me this 27th day of November, 2006. ?'19ilSctlll oili? '_7 if) ;itic• 1: --'fZ\r is\ilil'E' ? ? ?? C p ?^ .,.{ rf ?i v_ .?. :? ??-> C ?? _ ? : -? ?"E - ?? ? ? <<? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ----- - -- -- - - -- - - - - PRAECIPE FOR WRIT OF EiCEECUTION :aotion: Duetsche Bank, et al ( ) Confessed Judgment (XX) Other : File No. 2006-05802 VS. Amount Due $ 1132250.12 Steven Zink, Interest 31667.44 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate or?.ginal proceeding filed pursuant to Act 7 of 1966 as aaP ed; and for real property pursuant to act 6 of 1979 as amended. Issue writ of execution in the above metter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) Please see attached legal description PRAE= FOR =ACIM Nr E B=ON Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four =pies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a Lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: November 27, 2006 Signature: Louis P. Vitti Pint Name: 916 Fifth Avenue .1daress: Pittsburgh, PA 15219 Lorney for: -e1e^^ore: Plaintiff (412) 281-1725 v 0 C r ?. h Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of NO: 2006-05802 FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, vs STEVEN ZINK, LEGAL DESCRIPTION Defendant. ALL that lot or piece of ground situate in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, being.described as follows, to wit: BEGINNING at a point on the Western line of Second Street on the dividing line between Lots Nos. 75 and 76 on the General Plan of Wormleysburg, said point being also 116 feet measured Northwardly along the Western line of Second Street from the Northwest corner of Second Street and Market Street; thence in a Westerly direction along said dividing line of 96.9 feet to a point on the lands now or formerly of N.C.R.R. Company; thence along said last mentioned lands South 42 degrees 25 minutes East 25.04 feet to a point on the line of lands, now or formerly of William Rishel; thence in an Easterly direction along said last mentioned lands 95.4 feet to Second Street; thence in a Northerly direction along the Western line of Second Street 25 feet to the point or place of beginning. BEING a portion of Lot No. 76 on said General Plan of Wormleysburg and having thereon erected a three story front dwelling house known and numbered as 124 South Second Street, Wormleysburg, Pennsylvania 17043. UNDER AND SUBJECT to easements, restrictions, rights-of-way, or other conditions of prior record. PARCEL NO. 47-20-1858-141. BEING the same premises which Andrew E. Redmond and Jennifer L. Will, n/k/a Jennifer L. Redmond, husband and wife, by Deed dated 07/15/2005 and recorded 08/02/2005 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 270, page 1009, granted and conveyed unto Steven Zink, an unmarried man. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of NO: 2006-05802 FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, vs STEVEN ZINK, Defendant. AFFIDAVIT I, Louis P. Vitti, hereby certify that as representative of Duetsche Bank, et al, am familiar with the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Pennsylvania and specifically, Act 91 of 1983, have been complied with in the above-captioned case. Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 27th day of November, 2006. Nptary Publi ``',q1 7 `? r-a C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, vs STEVEN ZINK, NO: 2006-05802 Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 Duetsche Bank, et al, 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 124 South 2nd Street, Wormleysburg, PA 17043. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Steven Zink 124 South 2nd Street Wormleysburg, PA 17043 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 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: Address (Please indicate if this cannot be reasonably ascertained) Borough of Wormleysburg 20 N. Market Street Mechanicsburg, PA 17055 r 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name 1 st Preference Mortgage Corporation M & T Mortgage Corporation Name None Address (Please indicate if this cannot be reasonably ascertained) 9309 Belair Road Baltimore, MD 21236 1 Fountain Plaza Buffalo, NY 14203 Address (Please indicate if this cannot be reasonably ascertained) 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 Tax Collector of Wormleysburg Borough c/o William O'Donnell Borough of Wormleysburg PAWC Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Address (Please indicate if this cannot be reasonably ascertained) 500 Kevin Court Camphill, PA 17011 20 N. Market Street Mechanicsburg, PA 17055 P.O. Box 578 Alton, IL 62002 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 A, 4 Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 124 South 2nd Street Wormleysburg, PA 17043 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. Section 4904 relating to unsworn falsification to authorities. November 27. 2006 Date SWORN TO and subscribed before me this 27th day of November, 2006. ?0-6 6, Leo 6 Z ? *- -, Louis P. Vitti, Esquire Attorney for Plaintiff c- ev ? Q brTl NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Steven Zink 124 South 2nd Street Wormleysburg, PA 17043 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 13, 2007 at 10:00 A.M., the following described real estate, of which Steven Zink are owners or reputed owners: Boro of Wormleysburg, Cty of Cumberland & Cmwlth of PA. HET a three story front dwg house kla 124 South 2nd Street, Wormleysburg, PA 17043. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Duetsche Bank, et at vs. Steven Zink at 2006-05802 in the amount of $113,250.12. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. ` -. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff s Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY.** ryl r % .r- ` r = C? o WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5802 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK, Plaintiff (s) From STEVEN ZINK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $113,250.12 Interest $3,667.44 Atty's Comm % Atty Paid $138.16 Plaintiff Paid Date: DECEMBER 4, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Curtis . Long, Pr ary By: Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05802 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZINK STEVEN JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ZINK STEVEN the DEFENDANT , at 1948:00 HOURS, on the 26th day of October at 124 SOUTH 2ND STREET APT 1 WORMLEYSBURG, PA 17043 by handing to STEVEN ZINK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 28.16 Affidavit .00 1114? - V9 Surcharge 10.00 R. oma ine .00 56.16^ 10/27/2006 LOUIS VITTI Sworn and Subscibed to By: C before me this day ¢puty Sheriff of A.D. 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, CIVIL DIVISION NO. 2006-05802 AFFIDAVIT OF SERVICE Filed on behalf of Plaintiff Plaintiff, Counsel of record for this party: Louis P. Vitti, Esquire vs. PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. STEVEN ZINK, 916 Fifth Avenue Pittsburgh, PA 15219 Defendant. (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, NO: 2006-05802 vs STEVEN ZINK, Defendant. AFFIDAVIT OF SERVICE I, Sherry L. House, do hereby certify that a Notice of Sale was mailed and served upon defendant by personal/person in charge by the Cumberland County Sheriffs Office on March 22, 2007, and all lien holders by Certificate of Mailing for service in the above-captioned case on December 4, 2006, advising them of the Sheriffs sale of the property at 124 South 2nd Street, Wormleysburg, PA 17043, on June 13, 2007. LOUIS P. VITTI & ASSOCIATES, P.C. B Sherry L. ?Juse SWORN to and subscribed before me this 3rd day of May, 2007. .Ji?u10?1VYEALTIi OF PF`?_ ,?+:?IA NOtar? ?''=' Jennifer L Burke, W City Of Pte, Age' y ry Public My ?roteeion Expire, ev No Ties !.. ' ??mner, Pannaylvania Alm, U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vittl & Associates P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 One piece of ordinary mall addressed td: Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: .- Louis P. Vitti & Associates. P.C. - 916 Fifth Avenue Pittsburah PA 15219 One piece of ordinary mail addressed to: PA Dept. of Sheriff Sales Bureau of Compliance Dept. #281230 Harrisburg, PA 17128-1230 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND 1NTERNAT AL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received Fran: Louis P. Vitti & Associates, P.C. 916 Fifth Avenue. Pittsburgh, PA 15219 One piece of ordinary mad addressed to: Tenant/Occupant ` 124 South 2nd Street Wormleysburg, PA 17043 vs rorm ssi r, January ztwi slh.zink.6.13.07 i r> 3> C71 m, Aii'? nth r? ?7 ? \y Lt i r r n 'r r. ,: R??,y;?y 36: ?1 an ; ^a C7 10 G3 , Itri ;tr `? r t I d L i C n r .?, i. ; r cr m 1 ? ? 'ao ZI ;? 111 H? cn ifI Li1Y, ? **If* It , n rv Q ? J - ,- ? f7l r min. ? ? i y ?^-- ? ?ryiTl f -4 Deutsche Bank National Trust Company, as In the Court of Common Pleas of Trustee for First Franklin Mortgage Loan Cumberland County, Pennsylvania Trust 2005-FFH3, Asset-Backed Certificates, Writ No. 2006-5802 Civil Term Series 2005-FFH3, assignee of First Franklin Financial Corporation, assignee of First Franklin, a division of National City Bank of Indiana VS Steven Zink Cpl. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2007 at 1823 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: Steven Zink, by making known unto Steven Zink, personally, at 124 South 2nd St., Apt. 1, Wormleysburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 0955 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 Steven Zink, located at 124 South 2nd Street, Wormleysburg, 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: Steven Zink, by regular mail to his last known address of 124 South 2nd Street, Wormleysburg, PA 17043. This letter was mailed under the date of April 3, 2007 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 instruction from Attorney Louis P. Vitti. Sheriff s Costs: Docketing 30.00 Poundage 18.20 Advertising 15.00 Posting Handbills 15.00 Mileage 30.72 Levy 15.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Share of Bills 16.17 Law Journal 395.00 Patriot News 371.45 / 4 ? "V67 $ 928.04 ? So e• R. Thomas Kline, Sheriff BY J6 G Real Estate rgeant , ?,, oyt O ` 1 i s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, vs STEVEN ZINK, Defendant. NO: 2006-05802 AFFIDAVIT PURSUANT TO RULE 3129.1 Duetsche Bank, et al, 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 124 South 2nd Street, Wormleysburg, PA 17043. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Steven Zink 124 South 2nd Street Wormleysburg, PA 17043 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No.1 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: Address (Please indicate if this cannot be reasonably ascertained) Borough of Wormleysburg 20 N. Market Street Mechanicsburg, PA 17055 P 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) 1st Preference Mortgage Corporation 9309 Belair Road Baltimore, MD 21236 M & T Mortgage Corporation 1 Fountain Plaza Buffalo, NY 14203 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) 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 Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Wormleysburg Borough c/o William O'Donnell Borough of Wormleysburg PAWC Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division 500 Kevin Court Camphill, PA 17011 20 N. Market Street Mechanicsburg, PA 17055 P.O. Box 578 Alton, IL 62002 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 i t R Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 124 South 2nd Street Wormleysburg, PA 17043 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. Section 4904 relating to unworn falsification to authorities. November 27. 2006 Date SWORN TO and subscribed before me this 27th day of November, 2006. ota is R'otasa"Seal l Snerry L, sc, G, ,4;,tary Public, ieasant 9iii b:rro Aiieghenv Gounty _ 1VIuMber, Pennsyivank. Al UC?? Louis P. Vitti, Esquire, Attorney for Plaintiff NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Steven Zink 124 South 2nd Street Wormleysburg, PA 17043 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 13, 2007 at 10:00 A.M., the following described real estate, of which Steven Zink are owners or reputed owners: Boro of Wormleysburg, Cty of Cumberland & Cmwlth of PA. HET a three story front dwg house k/a 124 South 2nd Street, Wormleysburg, PA 17043. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Duetsche Bank, et al vs. Steven Zink at 2006-05802 in the amount of $113,250.12. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The-Writ of Execution has been issued because there -is-a judgment-against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights.. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff-has delivered his Deed to the property. The - Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of NO: 2006-05802 FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, vs STEVEN ZINK, LEGAL DESCRIPTION Defendant. ALL that lot or piece of ground situate in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, being described as follows, to wit: BEGINNING at a point on the Western line of Second Street on the dividing line between Lots Nos. 75 and 76 on the General Plan of Wormleysburg, said point being also 116 feet measured Northwardly along the Western line of Second Street from the Northwest corner of Second Street and Market Street; thence in a Westerly direction along said dividing line of 96.9 feet to a point on the lands now or formerly of N.C.R.R. Company; thence along said last mentioned lands South 42 degrees 25 minutes East 25.04 feet to a point on the line of lands, now or formerly of William Rishel; thence in an Easterly direction along said last mentioned lands 95.4 feet to Second Street; thence in a Northerly direction along the Western line of Second Street 25 feet to the point or place of beginning. BEING a portion of Lot No. 76 on said General Plan of Wormleysburg and having thereon erected a three story front dwelling house known and numbered as 124 South Second Street, Wormleysburg, Pennsylvania 17043. UNDER AND SUBJECT to easements, restrictions, rights-of-way, or other conditions of prior record. PARCEL NO. 47-20-1858-141. BEING the same premises which Andrew E. Redmond and Jennifer L. Will, n/k/a Jennifer L. Redmond, husband and wife, by Deed dated 07/15/2005 and recorded 08/02/2005 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 270, page 1009, granted and conveyed unto Steven Zink, an unmarried man. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-5802 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK, Plaintiff (s) From STEVEN ZINK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $113,250.12 Interest $3,667.44 Atty's Comm % Atty Paid $138.16 Plaintiff Paid Date: DECEMBER 4, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Curt' R. Lon o onot By: Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 IUUDBaaS OjVjSg I16102I `/?, hP ©l? (g LOOZ `S I Xieruga3 :alto •uiaaaq pal-wodxoaui f?7 aauanja.i siT Xq puv 1!jm sup ql!m pajg «V„ Iigigxg uo pagp3sop Xllnj azouz `&ingsXajuuoAk `.IS puZ glnoS t?Z I sle pa iaqumu put umou}I Vd `Xiunoj puvjiaqumD `gSnoiog 2.mgsXajuuom ui paluMIs f-4iadoid Ivan aql ui Isonjui s jutpuajap aqj uodn painai JJiaagS OT LOOZ `S 1 Xsuruga3 u0 I ? # ams awlsg Iva-d { I 37 9CQl PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law 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: April 20, 27 & May 4, 2007 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. i Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 REAL ESTATE BALE NO. 41 Writ No. 2006-5802 Civil Duetsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH3, asset-backed certificates, Series 2005-FFH3, assignee of First Franklin Financial Corporation, assignee of First Franklin, a division of National City Bank of Indiana vs. Steven Zink Atty.: Louis P. Vitti LEGAL DESCRIPTION ALL that lot or piece of ground situate in the Borough of Wormleys- burg, County of Cumberland and Commonwealth of Pennsylvania, being described as follows, to wit: BEGINNING at a point on the Western line of Second Street on the dividing line between Lots Nos. 75 and 76 on the General Plan of Wormleysburg, said point being also 116 feet measured Northwardly along the Western line of Second Street from the Northwest corner of Second Street and Market Street; thence in a Westerly direction along said dividing line of 96.9 feet to a point on the lands now or formerly of N.C.R.R Company, thence along said last mentioned lauds South 42 degrees 25 minutes East 25.04 feet to a point on the line of lands, now or formerly of William Rishel; thence in an Easterly direction along said last mentioned lands 95.4 feet to Second Street; thence in a North- erly direction along the Western line of Second Street 25 feet to the point or place of beginning. BEING a portion of Lot No. 76 on said General Plan of Wormleys- burg and having thereon erected a three story front dwelling house known and numbered as 124 South Second Street, Wormleysburg, Penn- sylvania 17043. UNDER AND SUBJECT to ease- ments, restrictions, rights-of-way, or other conditions of prior record. PARCEL NO. 47-20-1858-141. BEING the same premises which Andrew E. Redmond and Jennifer L. Will, n/k/a Jennifer L. Redmond, husband and wife, by Deed dated 07/15/2005 and recorded 08/02/ 2005 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 270, page 1009, granted and conveyed unto Steven Zink, an unmarried man. 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#41 Sworn to and subscribed before t COMMONWEAL 8PPENNSYvt1fRN?A g?? da of toy 2007 A.D. I Notarial Sed Terry L. Russel!, notary Public City of Harrisburg, Dauphin County W Commission Expires June 6, 2010 Membe. P?nns` is ActGo6ation of Notaries A_ -19 , t • N ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 L.r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, CIVIL DIVISION NO. 2006-05802 PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS Code MORTGAGE FORECLOSURE Plaintiff, vs. STEVEN ZINK, Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis R Vitti & Assoc., P.C. Defendant. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, vs STEVEN ZINK, Defendant. NO: 2006-05802 PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due $113,250.12 Interest 11/27/06-12/05/07 6,943.94 Total $120.194.06 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Boro of Wormleysburg, Cty of Cumberland & Cmwlth of PA. HET a three story front dwg house k/a 124 South 2nd Street, Wormleysburg, PA 17043. 6: Louis P. Vitti, Esquire Attorney for Plaintiff ?v F ??n g 6+ ? ' e r _ n _ r tp a r -; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of NO: 2006-05802 FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, vs STEVEN ZINK, Defendant. AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute . That the Defendants' last known address is 124 South 2nd Street, Wormleysburg, PA 17043. Louis P. Vitti, Esquire SWORN TO and subscribed before me this 17th day of August, 2007. ? NOWE o4c otary Publff EOVLM ? c p1? MaY 16. 2011 rn ca =+ ?ww?rtarMr ' i kl,s i,i9^Tx. O ?4IQbsKk yi{,",+tti3?7 ?p?r! ?ttikM t!>a9?t;:vlY! 'a""? YM S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, vs STEVEN ZINK, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 : NO: 2006-05802 Duetsche Bank, et al, 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 124 South 2nd Street, Wormleysburg, PA 17043. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Steven Zink 124 South 2nd Street Wormleysburg, PA 17043 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 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: Address (Please indicate if this cannot be reasonably ascertained) Borough of Wormleysburg 20 N. Market Street Mechanicsburg, PA 17043 r 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) 1 st Preference Mortgage Corporation M & T Mortgage Corporation 9309 Belair Road Baltimore, MD 21236 1 Fountain Plaza Buffalo, NY 14203 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) 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 Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Wormleysburg Borough c/o William O'Donnell Borough of Wormleysburg PAWC Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division 500 Kevin Court Camphill, PA 17011 20 N. Market Street Mechanicsburg, PA 17055 P.O. Box 578 Alton, IL 62002 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 A . ?r Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 124 South 2nd Street Wormleysburg, PA 17043 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. Section 4904 relating to unsworn falsification to authorities. August 17. 2006 Date SWORN TO and subscribed before me this 17th day of August, 2007. Notary Fuld C NOTARIAL SEAL SHERRY L MOUSE N*Wv POW Gtr OF MM UM. AUIOI*W MOM My COMMUWn EXPIM MOV 16, 2011 Louis P. Vitti, Esquire Attorney for Plaintiff C r- 7 - r i l C) ti .wlrrrar :Y.#4?8 3h4i?Ntf?Vt ?rqua?i :}?y?+y???p????{?a J??? 6?Y?•NT1 d t??:.?r d??x ?:??rq?t3 ?r?aaa?:nm?a? ?1wt WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-5802 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DUETSCHE BANK NATIONAL TRUST COMPANY, as Trustee for FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff (s) From STEVEN ZINK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $113,250.12 L.L. Interest 11/27/06 -12/05/07 -- $6,943.94 Atty's Comm % Due Prothy $2.00 Atty Paid $159.66 Other Costs Plaintiff Paid Date: 8/28/07 (Seal) REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: LOUIS P. VITTI & ASSOCIATES, PC 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 J is R. Long, ProthonotaryBy: Deputy A NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Steven Zink 124 South 2nd Street Wormleysburg, PA 17043 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on December 5, 2007 at 10:00 A.M., the following described real estate, of which Steven Zink are owners or reputed owners: Boro of Wormleysburg, Cty of Cumberland & Cmwlth of PA. HET a three story front dwg house k/a 124 South 2nd Street, Wormleysburg, PA 17043. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Duetsche Bank, et al vs. Steven Zink at 2006-05$02 in the amount of $113,250.12. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff s Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY.** ?M1'A ? y r, Z?P i C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, CIVIL DIVISION NO. 2006-05802 AFFIDAVIT OF SERVICE Filed on behalf of Plaintiff Plaintiff, Counsel of record for this party: Louis P. Vitti, Esquire vs. PA I.D. #3810 Supreme Court #01072 STEVEN ZINK, Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 Defendant. (412) 281-1725 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of NO: 2006-05802 FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, vs STEVEN ZINK, Defendant. AFFIDAVIT OF SERVICE I, Sherry L. House, do hereby certify that a Notice of Sale was mailed and served upon the defendants by certified mail on August 29, 2007 and all lien holders by Certificate of Mailing for service in the above-captioned case on August 27, 2007, advising them of the Sheriffs sale of the property at 124 South 2nd Street, Wormleysburg, PA 17043, on December S, 2007. LOUIS P. VITTI & ASSOCIATES, P.C. BY Sherry L. use SWORN to and subscribed c©r{nMQW v IA Notarlsl seal Helen Boyce, Notary pwwic before me this 2nd day city Of Pittsburgh, Aneyhony County MY COMMbsion Expires May 4, 2010 of November, 2007. Member. Pennsylvania Association of Notaries Notary Public /d V aS'o aM?u-?' al,or? toy ?? r U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P Vitti & Associates P.C. 916 Fifth Avenue, Pittsburah. PA 15219 One piece of ordinary mail addressed to: Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 3817, January P-.Q;,s PON ? -? O "mallow ~ ?f/ Z " ? PITNEY BOWES ? ? 02 1A $ 01 05° . • 0004601270 AUG27 2007 .-?- MAILED FROM ZIP CODE 15 219 7 , Y U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOE NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P Vitt[ & Associates P.C. 916 Fifth Avenue Pittsburaah. PA 15219 One piece of ordinary mail addressed to: PA Dept. of Sheriff Sales Bureau of Compliance . "e, Dept. #281230 Harrisburg, PA 17128-1230 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From. Louis P Vitti & Associates P.C. 916 Fifth Avenue, Pittsburgh, PA 15219 One piece of ordinary mail addressed to: TenantfOccupant 124 South 2nd Street Wormleysburg, PA 17043 3817, January z 7 (t ?' 'NOMMUMV RTNEY BOWLS 02 1A $ 01.05° 0004601270 AUG27 2007 MAILED FROM ZIP CODE 15 219 ?psEs PN' O w ? ? f em RTTaEV Bowls 02 1A $01-050 0004601270 AUG27 2007 MAILED FROM ZIP CODE 15 219 ?... •? sty A slh.zink.12.05.07 U.S. POSTAL SERVICE CERTIFICATE OF MAILING dcip P MAY BE USED FOR DOMESTIC AN INTERNATIONAL MAIL, DOES NOT ! PROVIDE FOR INSURANCE-POSTMASTER 7 Pr7NEV BOWES ?aaiwffiwawww Received From: 02 1A $01-050 Louis P. VIM &Associates. P.C. 0004601 270 AUG27 2007 916 Fifth Avenue. Pittsburgh. PA 15219 MAILED FROM ZIP CODE 1521 9 One piece of ordinary mail addressed to: /•' >• Borough of Wormleysburg"" 20 N. Market Street Mechanicsburg, PA 17055 PS Form 3817, January 2001-,rte .. I U.S. POSTAL SERVICE CERTIFICATE OF MAILING I PROVIDE FOR INSURANCE-POSTMASTER Receved From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 One piece of ordinary mail addressed to: 1 st Preference Mortgage Corporation 9309 Belair Road Baltimore, MD 21236 PS Form 3817, January 2001 .y. i T? ?. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P.C. 916 Fifth Avenue. Pittsburgh. PA 15219 One piece of ordinary mail addressed lo: M & T Mortgage Corporation 1 Fountain Plaza Buffalo, NY 14203 PS Form 3817, January 2001 y Y Y U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vittl & Associates. P.C. 916 Fifth Avenue. Pittsburah. PA 15219 One piece of ordinary mail addressed lo: Tax Collector of Wormleysburg Borough 500 Kevin Court Camphill, PA 17011 c/o William O'Donnell St sees - % 411? PIrNEY BOVJE.S 02 1A $ 01.050 0004601270 AUG27 2007 MAILED FROM ZIP CODE 15 219 e,oes P0% CO. Q ®asa?® meawasaaw, a PISNEY BOWES 02 1A $01-050 0004601270 AUG27 2007 MAILED FROM ZIP CODE 15 219 y. S?P0S P%? -^t!K'??' • 5 4?11 PI71qEY BOWES 02 1A $ 01.05 Aw' r 0004601270 AUG27 2007 -,„cam MAILED FROM ZIP CODE 15 219 PS Form 3817, January 2001 F. ? - U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. AM & Associates, P.C. 916 Fifth Avenue, Pittsburgh, PA 15219 One piece of ordinary marl addressed to: a i •?'. ! PAWL P.O. Box 578 Alton, IL 62002 ra rorm jai r, January zuui U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates. P&. t '? 916 Fifth Avenue, Pittsburah, PA 15219 e One piece of ordinary mad addressed to: ?' .. , Commonwealth of PA-DPW P.O. Bpx 8016 Harrisburg, PA 17105 rs I-orm jai f, January zuui U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY E USED FOR ESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER 3 ` 'e low? PITNEY BOWES " 02 1A $ 01.050 ° 0004601270 AUG27 2007 MAILED FROM ZIP CODE 15 219 :C 44t,. Received From: Louis P. Vitti & Associates, P.C. - --- 916 Fifth Avenue, Pittsburah, PA 15219 s One piece of ordinary mail addressed to: ?•? ` • j,. y1' Clerk of Courts Criminal/Civil Division One Courthouse Square ,.,..' Carlisle, PA 17013 Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Louis P. Vitti & Associates, P.C. 916 Fifth Avenue, Pittsburgh. PA 15219 One piece of ordinary me# addressed to: Tax Claim Bureau of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 ,c4'Y ospos?t PITNEY BOWES 02 1 A $ 01.050 0004601270 AUG27 2007 MAILED FROM ZIP CODE 15219 'MMSOMIM g14• i,9 E" r? Jes P% PITNEY BOWES 02 1A $ 01.05° 0004601270 AUG27 2007 MAILED FROM ZIP CODE 1521 9 Pes PN z 4?' WTNFV BOWES 02 1A $ 01.05° 0004601270 AUG27 2007 MAILED FROM ZIP CODE 1521 9 , January r• 4c-n COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which First Franklin Mtg Loan Trust 2005-ffh3 Tr is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 28th day of Aug, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5802, at the suit of First Franklin Fin Corp Tr against Steven Zink is duly recorded as Instrument Number 200746886. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ?20 day of 40-e"- , A.D. 2207 ! - Recorder of Deeds Recorder of Dews, Cumimim County, Carlisle, PA 11 CoeMniUM E*m to FW Monday of Jan. 2010 . ?1 Deutsche Bank National Trust Company, as In the Court of Common Pleas of Trustee for First Franklin Mortgage Loan Trust Cumberland County, Pennsylvania 2005-FFH3, Asset Backed Certificates, Series Writ No. 2006-5802 Civil Term 2005-FFH3, assignee of First Franklin Financial Corporation, assignee of First Franklin, a Division Of National City Bank of Indiana VS Steven Zink Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on October 01, 2007 at 1615 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: Steven Zink, by making known unto Steven Zink personally, at 124 South 2nd Street, Wormleysburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Cpl. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1400 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 Steven Zink located at 124 South 2nd Street, Wormleysburg, 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: Steven Zink by regular mail to his last known address of 124 South 2nd Street, Wormleysburg, PA 17043. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Louis P. Vitti, on behalf of Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH3, Asset Backed Certificates, Series 2005-FFH3. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH3, Asset Backed Certificates, Series 2005-FFH3, of 150 Allegheny Center, Pittsburgh, PA 15212 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,086.19. Sheriffs Costs: Docketing $30.00 Poundage 21.30 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 30.72 Levy 15.00 Surcharge 20.00 Law Journal 401.00 Patriot News 398.75 Share of Bills Distribution of Proceeds Sheriff s Deed 14.92 25.00 39.50 $ 1086.19 ? So Answers- - R. Thomas Kline, Sheriff BY JL16, 5VvVJJ---? Real Estat ergeant /.2, Id / /91 pA C y8' a- 4, da-7338 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, vs STEVEN ZINK, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 : NO: 2006-05802 Duetsche Bank, et al, 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 124 South 2nd Street, Wormleysburg, PA 17043. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Steven Zink 124 South 2nd Street Wormleysburg, PA 17043 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 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: Address (Please indicate if this cannot be reasonably ascertained) Borough of Wormleysburg 20 N. Market Street Mechanicsburg, PA 17043 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) 1st Preference Mortgage Corporation 9309 Belair Road Baltimore, MD 21236 M & T Mortgage Corporation 1 Fountain Plaza Buffalo, NY 14203 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) 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 Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Wormleysburg Borough c/o William O'Donnell Borough of Wormleysburg PAWC Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division 500 Kevin Court Camphill, PA 17011 20 N. Market Street Mechanicsburg, PA 17055 P.O. Box 578 Alton, IL 62002 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 Tax Claim Bureau of Cumberland County Cumberland County Courthouse Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant One Courthouse Square Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 124 South 2nd Street Wormleysburg, PA 17043 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. Section 4904 relating to unworn falsification to authorities. August 17_, 2006 Date SWORN TO and subscribed before me this 17th day of August, 2007. Notary Puri NOTARIAL SEAL SHERRY L HOUSE Notary Public CITY OF MflSSURGH, ALLEGHENY COUNTY My Commission Expires May 15. 2011 4. ...ter Louis P. Vitti, Esquire Attorney for Plaintiff NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Steven Zink 124 South 2nd Street Wormleysburg, PA 17043 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on December 5, 2007 at 10:00 A.M., the following described real estate, of which Steven Zink are owners or reputed owners: Boro of Wormleysburg, Cty of Cumberland & Cmwlth of PA. HET a three story front dwg house k/a 124 South 2nd Street, Wormleysburg, PA 17043. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Duetsche Bank, et al vs. Steven Zink at 2006-05802 in the amount of $113,250.12. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DUETSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of NO: 2006-05802 FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff, vs STEVEN ZINK, LEGAL DESCRIPTION Defendant. ALL that lot or piece of ground situate in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, being described as follows, to wit: BEGINNING at a point on the Western line of Second Street on the dividing line between Lots Nos. 75 and 76 on the General Plan of Wormleysburg, said point being also 116 feet measured Northwardly along the Western line of Second Street from the Northwest corner of Second Street and Market Street; thence in a Westerly direction along said dividing line of 96.9 feet to a point on the lands now or formerly of N.C.R.R. Company; thence along said last mentioned lands South 42 degrees 25 minutes East 25.04 feet to a point on the line of lands, now or formerly of William Rishel; thence in an Easterly direction along said last mentioned lands 95.4 feet to Second Street; thence in a Northerly direction along the Western line of Second Street 25 feet to the point or place of beginning. BEING a portion of Lot No. 76 on said General Plan of Wormleysburg and having thereon erected a three story front dwelling house known and numbered as 124 South Second Street, Wormleysburg, Pennsylvania 17043. UNDER AND SUBJECT to easements, restrictions, rights-of-way, or other conditions of prior record. PARCEL NO. 47-20-1858-141. BEING the same premises which Andrew E. Redmond and Jennifer L. Will, n/k/a Jennifer L. Redmond, husband and wife, by Deed dated 07/15/2005 and recorded 08/02/2005 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 270, page 1009, granted and conveyed unto Steven Zink, an unmarried man. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5802 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DUETSCHE BANK NATIONAL TRUST COMPANY, as Trustee for FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FFH3, ASSET-BACKED CERTIFICATES, SERIES 2005-FFH3, assignee of FIRST FRANKLIN FINANCIAL CORPORATION, assignee of FIRST FRANKLIN, a division of NATIONAL CITY BANK OF INDIANA, Plaintiff (s) From STEVEN ZINK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $113,250.12 Interest 11/27106 -12/05/07 -- $6,943.94 Atty's Comm % Arty Paid $159.66 Plaintiff Paid Date: 8/28/07 (Seal) L.L. Due Prothy $2.00 Other Costs i.qcl 1? P rmcn is R. Long, Prothonotary By: Ali, Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: LOUIS P. VITTI & ASSOCIATES, PC 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 Real Estate Sale # 61 On September 6, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 124 South 2nd Street, Wormleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 6, 2007 By? d?? Real Estate Sergeant The Patriot-News Co. ' 8'12 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 14 e P d??i 1OtrXe1?1 ,J Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31/07 >N? ?It ®M'Mnaw P ? Mai 11/07/07 a s-7hal" for lit ` I l,aan'Atat ;? AuiaMM, et 1r1aAR ?-9t?IMlAhtr i FlaiieoW#?on1lM?lfr atl?t al?iN?ae>f ? Sworn to subscribed befo a this 30 day of November, 2007 A.D. i NMitwj* car am* of ttnt 1 ? i - 81sMMt7?1k AIIII& l OU115 P. N ary Public AU 69 b to !0 of vowd *Spr'.ia the >! 111 of . WQWkPbW& enty of COMMONWEALTH OF PENNSYLVANIA ID?O"a ' Notarial James LCIaM, Notary Public DoGivow at a peat m the Weft 1W of City Of HarrisWa Dauphin County SeeosdS6eet ne Ac fim b" M Lift Xw 75:md.,76, m do Ge W I've of My Commission E)tres June 2, 2008 so Pai ?ft A9 116 feet Member, Pennsylvania Assouatlon of Notaries tlrln"UtMaa11I-aita?, wwoalind somm am boo b ANOMW sraer of SaNd s" ttt* MAU UNK *W= i a PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law 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 26, November 2 and November 9, 2007 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 BALE NO. 61 Writ No. 2006-5802 Civil Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2005-FFH3, Asset-Backed Certificates, Series 2005-FFH3, assignee of First Franklin Financial Corporation, assignee of First Franklin, a division of National City Bank of Indiana VS. Steven Zink Atty.: Louis P. Vitti DESCRIPTION ALL that lot or piece of ground situate in the Borough of Wormleys- burg, County of Cumberland and Commonwealth of Pennsylvania, be- ing described as follows, to wit: BEGINNING at a point on the WPQtPSn +' _o Second greet on r Marie Coyne, SWORi4 1O AND SUBSCRIBED before me this 9 day of November, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010