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HomeMy WebLinkAbout06-6343PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 136858 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. RAYMOND S. ZENEWICZ, JR. A/K/A RAY ZENEWICZ AMANDA L. ZENEWICZ A/K/A AMANDA HELMAN 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (0(. c,Q6-2J CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 136858 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 136858 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: SUNTRUST MORTGAGE CORPORATION 1001 SEMMES AVENUE P.O. BOX 26149, VA 23261 RICHMOND, VA 23224-2243 2. The name(s) and last known address(es) of the Defendant(s) are: RAYMOND S. ZENEWICZ, JR. A/K/A RAY ZENEWICZ AMANDA L. ZENEWICZ A/K/A AMANDA HELMAN 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/10/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1931, Page: 471. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 136858 6. The following amounts are due on the mortgage: Principal Balance $94,854.96 Interest 5,214.24 02/01/2006 through 10/30/2006 (Per Diem $19.17) Attorney's Fees 1,250.00 Cumulative Late Charges 98.43 11/10/2005 to 10/30/2006 Cost of Suit and Title Search 550.00 Subtotal $ 101,967.63 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 101,967.63 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 101,967.63, together with interest from 10/30/2006 at the rate of $19.17 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 136858 LEGAL DESCRIPTION ALL that certain real estate and lot of ground with half of a brick dwelling house thereon erected known as No. 21 North Queen Street, situate in the Borough of Shippensburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: ON THE West by North Queen Street; on the North by property now or formerly of Emory Kann and Bertha Kann, his wife; on the East by a public alley; and on the South by property now or formerly of H. Glenn Smith and Pearl Hoch Smith, his wife; said lot having a frontage on North Queen Street aforesaid of nineteen (19) feet nine (9) inches, more or less, from the center of the dividing wall between the house on this property and the house on the property now or formerly of the said H. Glenn Smith and Pearl Hoch Smith, his wife, which said Smith on the North and extending in depth Eastwardly to the alley in the rear two hundred sixty-nine (269) feet, more or less. BEING the same real estate that Donald E. Sprecher and Debra J. Specher his wife, by their deed dated March 1, 1990, and recorded March 13, 1990, in Cumberland County Deed Book 341', Volume 503, conveyed to Donald E. Sprecher, one of the Grantors herein. BEING the same real estate that Donald E. Sprecher and Glenda M. Sprecher, husband and wife, by their deed dated October 31, 2005, and intending to be recorded prior hereto in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, conveyed to Raymond S. Zenewicz, Jr., and Amanda L. Zenewicz, husband and wife, the Mortgagors herein. PROPERTY BEING: 21 NORTH QUEEN STREET File #: 136858 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. )") ) J- eA ?' FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ?0 1" 1-1 c z l6el v( c C? N -i ,0 0tl) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY EST OF CAROLE M BOLLINGER Vs. HOLY SPIRIT HOSP NO. 06343 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 THOMAS M CHAIRS, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 12/07/06 THOMAS M CHAIRS, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Jeffifer Heff File #: M336484 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY EST OF CAROLE M BOLLINGER Vs. HOLY SPIRIT HOSP I No. 06343 TO: RONALD LEBOVITS, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 11/14/06 THOMAS M CHAIRS, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Jennifer Heff Enc (s) : Copy of subpoena(s) Counsel return card File #: M336484 rnmwy W K= OF PFrIIdMVANIA COUffy OF -CUMBERUM EST OF CAROLE M BOLLINGER Vs. File No. 06343 HOLY SPIRIT HOSP MEDICAL BILLING REQUESTED SUBPOENA To PRODUCE Q99k BENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MANOR CARE, 940 WALNUT BOTTOM RD, CARLISLE PA 17013 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents ??iXTT. r , r. ADDENDUM at MEDICAL LEGAL REPRODUCTIONS, (Ad114u, 4940 m8srom ST., PHIL&., RA dress) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of campliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court ordei- ompe l l ing you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: THOMAS M CHAIRS, ESQ ADDRESS: 1200 CAMP HILT, BYPASS ^r p H-Il-T-, --x-17011 TELEPHONE: 3353212 - - SUPREME OOURT ID # 215 ATTORNEY FOR: DEFENDANT M336484-01 DATE : '7 1 6U . J L . J? Seal of the Oourt BY THE DOUR . Prgt tar erk, ivil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ! t+ ROLE M BOLLINGER EST OF JA Vs. No. 06343 HOLY SPIRIT HOSP CUSTODIAN OF RECORDS FOR: MANOR CARE **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: CAROLE M BOLLINGER ADDRESS: DATE OF BIRTH: 01/19/35 SSAN: XXXXX4415 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( } RECORDS / XRAYS have been destroyed Date Authorized signature or MANOR CARE CUMBERLAND M336484-01 * * * SIGN AND RETURN THIS PAGE * * * M t R MEDICAL LEGAL REPRODUCTIONS, INC. Main Office Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax': (215) 33&2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: legaA@medleg.com Philadelphia, Pa 19107 ADDENDUM MANOR CARE ANY AND ALL COPIES OF RECORDS REGARDING CAROLE BOLLINGER FROM BEFORE 3/4/04 TO PRESENT FROM ALL MANOR CARE LOCATIONS, INCLUDING, BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, N$DICAL RECORDS, PROGRESS REPORTS, NURSING CARE REPORTS, MEDICAL EXAM REPORTS, MEDICAL BILLING, HOSPITAL RECORDS FROM ANY AND ALL HOSPITALS, EMS REPORTS AND RADIOLOGY REPORTS. - - 1?1 F-i fl CA w 1 CASE NO: 2006-06343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ZENEWICZ RAYMOND S JR ET AL MICHAEL BARRICK Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ZENEWICZ RAYMOND S JR AKA RAY ZENEWICZ the DEFENDANT , at 1334:00 HOURS, on the 17th day of November , 2006 at 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 by handing to RAYMOND ZENEWICZ 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 36.96 ? Affidavit 00 Surcharge 10.00 R. Thomas Kline n 1-1 SHERIFF'S RETURN - REGULAR Sheriff or Deputy Sheriff of 64.96,/ 11/20/2006 (- ?a/d??04 PHELAN HALLINAN SC MIEG ' Sworn and Subscibed to By: before me this day Deputy S eri f of A. D. Ii SHERIFF'S RETURN - REGULAR CASE NO: 2006-06343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ZENEWICZ RAYMOND S JR ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ZENEWICZ AMANDA L AKA AMANDA HELMAN DEFENDANT the at 1334:00 HOURS, on the 17th day of November , 2006 at 21 NORTH OUEEN STREET SHIPPENSBURG, PA 17257 RAYMOND ZENEWICZ by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time direct=ing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 „„ R. Thomas Kline 16.00 11/20/2006 r PHELAN HALLINAN fez IEG Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. was served upon PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6343-CIVIL TERM RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against RAYMOND S. ZENEWICZ, JR, A/K/A RAY ZENEWICZ and AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/31/06 to 1/8/07 TOTAL $101,967.63 $1,341.90 $103,309.53 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, E IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: L. ;?d07 PRO OTHY 136858 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg,,Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION : COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY RAYMOND S. ZENEWICZ, JR. A/K/A : NO. 06-6343-CIVIL TERM RAY ZENEWICZ AMANDA L. ZENEWICZ A/K/A AMANDA HELMAN Defendants TO: AMANDA L. ZENEWICZ A/K/A AMANDA HELMAN 21 NORTH QUEEN STREET 1 SHIPPENSBURG, PA 17257 DATE OF NOTICE: DF.( F.MRF.R R, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 S. LLINAN, ESQUIRE tNCIS evs for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION : COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY RAYMOND S. ZENEWICZ, JR. A/K/A :NO. 06-6343-CIVIL TERM RAY ZENEWICZ AMANDA L. ZENEWICZ A/K/A AMANDA HELMAN Defendants 100\ TO: RAYMOND S. ZENEWICZ, JR. A/K/A RAY ZENEWICZ 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 DATE OF NOTICE: DRCF.MBER R,2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY. ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 (\ S. HALLINAN, ESQUIRE for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, V. RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6343-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ is over 18 years of age and resides at, 21 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257. (c) that defendant AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN is over 18 years of age, and resides at, 21 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, UIRE Attorney for Plaintiff T? <r' „w tom.. '`` Lyra C+.,3 C- :pl CYN ..-ate N i.T ?"w (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN Defendant(s). CIVIL DIVISION NO. 06-6343-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200!7. By: 4"??L If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ES U Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 06-6343-CIVIL TERM RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'l cost Interest from 1/8/07 to JUNE 13, 2007 (per diem -$16.98) TOTAL $103,309.53 $2,648.88 and Costs $105,958.41 < -? j. b " e :-,,, ? DANIEL G. SCHMIEG, E QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is.sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 136,858 V? O x z N z o ?a HN ?d Uz P ril wz UV G HA ?O 3W ?? , Va p? NN W rA 14 F z ?U 9 O UW ? w° w? p H? 9t o it W w U 0 L, il in r- r ? ww c 7 ?7 a a a a? WWWW ?E ww as as zz N N d a N 00 tf) 00 M cv i--- V cl? I.- r+ „v _?V J[ ^ V r ?: y ? V U V Kill i O ? a ?o i a? , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6343 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ AND AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN (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 $103,309.53 L.L. $.50 Interest FROM 1/8/07 TO 6/13/07 (PER DIEM - $16.98) - $2,648.88 AND COSTS Atty's Comm % Atty Paid $162.96 Plaintiff Paid Date: JANUARY 16, 2007 Due Prothy $1.00 Other Costs onota Curti . Long, P 't y (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 By: Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6343-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. CHMIEG, S IRE Attorney for Plaintiff C fz tlxt MORTGAGE ELECTRONIC REGISTRATION SYSTEMS; INC. Plaintiff, V. RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6343-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,21 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Januar8, 2007 ' DATE DANIEL G. SCHMIEG, E IRE Attorney for Plaintiff i% rte ?3 cEf MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. CUMBERLAND COUNTY No. 06-6343-CIVIL TERM RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN Defendant(s). TO: RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 January 8, 2007 AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 21 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $103,309.53 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN real estate and lot of ground with half of a brick dwelling house thereon erected known as No. 21 North Queen Street, situate in the Borough of Shippensburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: ON the West by North Queen Street; on the North by property now or formerly of Emory Kann and Bertha Kann, his wife; on the East by a public alley; and on the South by property now or formerly of H. Glenn Smith and Pearl Hoch Smith, his wife; said lot having a frontage on North Queen Street aforesaid of nineteen (19) feet nine (9) inches, more or less, from the center of the dividing wall between the house on this property the house on the property now or formerly of the said H. Glenn Smith and Pearl Hoch Smith, his wife, which said Smith property is known as No. 19 North Queen Street, extending to the Kann property on the North and extending in depth Eastwardly to the alley in the rear two hundred sixty-nine (269) feet, more or less. BEING the same property which Donald E. Sprecher and Debra J. Sprecher, by their deed dated March 1, 1990, and recorded March 13,1990, in Cumberland County Deed Book "L", Volume 34, at Page 503, conveyed to Donald E. Sprecher, the Grantor herein. PARCEL IDENTIFICATION NO: 32-33-1869-027 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Raymond S. Zenewicz, Jr. and Amanda L. Zenewicz, husband and wife, by Deed from Donald E. Sprecher, dated 11/01/2005, recorded 11/16/2005, in Deed Book 271, page 4838. CZ r? ? :?. ,, ??. c? ?= ? .?? ca? . _? cs? ? , cy,? - : -? , ' '.?" ?: z;' '' .:: - ' •- .. :? u .? ; AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) RAYMOND S. ZENEWICZ, JR., ARIA RAY ZENEWICZ AMANDA L. ZENEWICZ, A/K/A AMANDA RELMAN CUMBERLAND COUNTY No. 06-6343-CIVIL TERM ACCT. 40202623237 Type of Action I RS# 13GK59 - Notice of Sheriffs Sale SERVE RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ Sale Date: JUNE 13, 2007 AT 21 NORTH QUEEN STREET SHIIPPENSBURG, PA 17257 Served and made known to RQ Zen.. - +SERVED Defendant, on the _ 1 D day of 6/`4tP 2001, at . Q o'clock?m., at of Pennsylvania, in the manner described below: " een $ Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Name and Relationship is liv`' ?2 Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Commonwealth Description: Age&S=4S- Hei htS'T1 g Weight J-60- Race _LA/Sex r Other I, ? CW O A Rpb ems a true a competent adult, being duly sworn according and correct copy of the Notice of Sheriff's Sale in the manner as set forth hereintissued in the captioned cthat aseI Perse date and atd the address indicated above. Of 2007 ' I No By: C \ ' •. P E ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE A o` T Public TT EMPTED. State c =Vew Jersf_? NOT SERVED PATR16I E. jM jR S OA%r??13Siott -' ARe-q?_ ____, 200. at o'clock _ in., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 131 Attempt: Time: ad 2 Attempt:-----/--_ / Time• 3rd Attempt: / / Time• Sworn to and subscribed before me this day of 200 Notary: _ By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 a- _Tj rp --D n r r CO O j7tZ 7 -S7 C ? tti -"? *PLAINTIFF DEFENDANT(S) RAY ZENEWICZ AMANDA HELMAN CUMBERLAND COUNTY No. 06-6343-CIVIL TERM ACCT. #020Z?237 p Type of oflihoenriff -RS# ( 8 S0 N otice 's Sale Sale Date: JUNE 13, 2007 SERVED Served and made known to A EngA a1 , w--`_ Defendant, on the t7 200 at 3:03 day of re bh -_, o clock f.m., at 21 Al. Q,4ee^ S4 By: AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. SERVE AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN AT 21 NORTH QUEEN STREET SHIPPENS$URG, PA 17257 Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s) Is residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). ,Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age E:: +!S Hei t,s? Weight Ll?d- Race 6` Sex Q? ? d tab e? Other sworn personally handed a true and correc c-` a competent ot py of the No ceadult, of Sheri dus Sale in the according captioned case on the date and at the address indicated above. the as set forth herein, iueda?I On the -. day of Moved Unknown AFFIDAVIT OF SERVICE 200_, at o'clock _.m., Defendant NOT FOUND because: No Answer Ist Attempt: / -/-Time:- 3rd Attempt: Sworn to and subscribed before me this day of?J 200 Notary: By. Attornev for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. RAYMOND S. ZENEWICZ, JR., A/K/A AMANDA L. ZENEWICZ, A/K/A NOT SERVED Vacant 2ad Attempt: Time: 14 z State o, :Jew Jersey PATRI""IA E. HARRIS Coirnnission Expires June 16, 2008 N z "I j- x ca ' 6 imaV n t r-n SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 06-6343-CIVIL TERM VS. RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 21 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. i? DANIEL SCHMIEG, ESQ Attorney for Plaintiff May 24, 2007 +t w U ?•g? 8 £0 l6 L 9000dIZ WOW 0311VVI LOOZ 900 83? 0 L08 4Zt?000 v . Q96*00 $ wL ZO • n tn G s3niwe ?'um ? vg } Z $ O¢ 'a E E awl ? 5 ? g •O? ? ? v YS ES, w E 'o, U 00 $ V$ o W 00 ?v$wG M c? N o u_> ?i im N W O O a Q Woo 0 G N C W N ? V1 •O o °?rn z o W x jog a ? z a ?? yea w x o U O W a: °? A z N z ?t P ? z o w o C") w N J ??M a. z F N O O ¢ Z xa u ? N ? z o o W y l? Z z v a0 oa Be Q ? H `m .c E z q v Q ° ai 20 0 °' ' Z H ?. d O ? N M ? vl ?p l? 00 O? O .--i N M V v) ? °? -mss SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A. ?qo.: 06-6635-CIVIL TERM VS. KENNETH S. COLMAN SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 54 NOTTINGHAM DRIVE, MECHANICSBUJIG, PA 17050. As required by Pa. R.C.P. 3129.2(a)? Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. 117 DANIEL SCHMIEG, ESQ Attorney for Plaintiff May 23, 2007 ? ? W N r N y? Oy r ?O ao a r ? O r. o. °no ? 1 ? N o? G ?•?. O O y r d O ? ? Fi d n c R N p0 U? N O A O 7 ?, N b7i N {S• a p r N N 'd_ A ?• z a o ? u' n b 0 O V r d .? W r ? ? O 9 s POst • ? ? ixTN£V gpVYES 02 1M $ 00.95° 0004218010 FES 06 2007 ' MAILED FROM ZIP CODE 1 9103 C? `=-' i `` -rs ??t ? j f _ } ,j _ -?4"r} ., ??? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 11th day of July A.D., 2007, under and by virtue of a writ Execution issued on the 16th day of Jan, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6343, at the suit of Mortgage Electronic Reg Systems Inc against Raymond S %newicz Jr aka Ray & Amanda L Z enewicz aka Amanda is duly recorded in Deed Book No. 281, Page 157. IN TESTIMONY WHEREOF, I have hereunto set my hand and al of said office this day of A.D. 2 06 c Deeds R9=du 0 09*ft CW"WW County. CA", PA * t0Iaim EOw ft FM Molloy d Jm. 2010 Mortgage Electronic Registration Systems, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Raymond S. Zenewicz, Jr. a/k/a Ray Writ No. 2006-6343 Civil Term Zenewicz and Amanda L. Zenewicz a/k/a Amanda Helman Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on February 6, 2007 at 2038 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Raymond S. Zenewicz, Jr. a/k/a Ray Zenewicz and Amanda L. Zenewicz a/k/a Amanda Helman, by making known unto Raymond S. Zenewicz, personally and husband of Amanda L. Zenewicz a/k/a Amanda Helman, at 21 North Queen Street, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2007 at 1350 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 Raymond S. Zenewicz, Jr. a/k/a Ray Zenewicz and Amanda L. Zenewicz a/k/a Amanda Helman located at 21 N. Queen Street, Shippensburg, 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 defendants, to wit: Raymond S. Zenewicz, Jr. a/k/a Ray Zenewicz and Amanda L. Zenewicz a/k/a Amanda Helman, by regular mail to their last known address of 21 North Queen St., Shippensburg, PA 17257. These letters were 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 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 July 11, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of FANNIE MAE. It being the highest bid and best price received for the same, FANNIE MAE, of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,041.33. Sheriffs Costs: Docketing $30.00 Poundage 20.42 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 40.32 Levy 15.00 Surcharge 30.00 Post Pone Sale 20.00 Law Journal 365.00 Patriot News 350.42 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1041.33 ? 81 bg?a-7 So Answer Y R. Thomas Kline, Sheriff BY w dYA '1g, C41 - 1.GE.S'?i344 41 r, • MORTGAGE ELECTRONIC REGISTRATION SYSTEMS; INC. Plaintiff, V. RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6343-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,21 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN Last Known Address (if address cannot be reasonably ascertained, please indicate) 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. T. ame and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 8, 2007 DATE DANIEL G. SCHMIEG, EIRE Attorney for Plaintiff r MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN Defendant(s). CUMBERLAND COUNTY No. 06-6343-CIVIL TERM January 8, 2007 TO: RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 21 NORTH QUEEN STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $103,309.53 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 v v DESCRIPTION ALL THAT CERTAIN real estate and lot of ground with half of a brick dwelling house thereon erected known as No. 21 North Queen Street, situate in the Borough of Shippensburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: ON the West by North Queen Street; on the North by property now or formerly of Emory Kann and Bertha Kann, his wife; on the East by a public alley; and on the South by property now or formerly of H. Glenn Smith and Pearl Hoch Smith, his wife; said lot having a frontage on North Queen Street aforesaid of nineteen (19) feet nine (9) inches, more or less, from the center of the dividing wall between the house on this property the house on the property now or formerly of the said H. Glenn Smith and Pearl Hoch Smith, his wife, which said Smith property is known as No. 19 North Queen Street, extending to the Kann property on the North and extending in depth Eastwardly to the alley in the rear two hundred sixty-nine (269) feet, more or less. BEING the same property which Donald E. Sprecher and Debra J. Sprecher, by their deed dated March 1, 1990, and recorded March 13,1990, in Cumberland County Deed Book "L", Volume 34, at Page 503, conveyed to Donald E. Sprecher, the Grantor herein. PARCEL IDENTIFICATION NO: 32-33-1869-027 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Raymond S. Zenewicz, Jr. and Amanda L. Zenewicz, husband and wife, by Deed from Donald E. Sprecher, dated 11/01/2005, recorded 11/16/2005, in Deed Book 271, page 4838. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6343 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From RAYMOND S. ZENEWICZ, JR., A/K/A RAY ZENEWICZ AND AMANDA L. ZENEWICZ, A/K/A AMANDA HELMAN (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 $103,309.53 L.L. $.50 Interest FROM 1/8/07 TO 6/13/07 (PER DIEM - $16.98) - $2,648.88 AND COSTS Atty's Comm % Arty Paid $162.96 Plaintiff Paid Date: JANUARY 16, 2007 (Seal) Due Prothy $1.00 Other Costs Curtis Long, Pro otary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 05 On January 25, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Borough, Cumberland County, PA Known and numbered as 21 North Queen Street, Shippensburg, Shippensburg Borough, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 25, 2007 By: .?j Real Estate Sergeant 01 .;, V S Z (` if L001 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. S before me this NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 4 day of Mgy, 2007 REAL ESTATE BALE NO. 5 Writ No. 2006-6343 Civil Mortgage Electronic Registration Systems, Inc. vs. Raymond S. Zenewicz, Jr. a/k/a Ray Zenewicz and Amanda L. Zenewicz a/k/a Amanda Helman Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN real estate and lot of ground with half of a brick dwelling house thereon erected known as No. 21 North queen Street, situate in the Borough of Shippensburg, County of Cumber- land and Commonwealth of Penn- sylvania, bounded and described as follows: ON the West by North Queen Street; on the North by property now or formerly of Emory Kann and Bertha Kann, his wife; on the East by a public alley; and on the South by property now or formerly of H. Glenn Smith and Pearl Hoch Smith, his wife; said lot having a frontage on North Queen Street aforesaid of nineteen (19) feet nine (9) inches, more or less, from the center of the dividing wall between the house on this property the house on the prop- erty now or formerly of the said H. Glenn Smith and Pearl Hoch Smith, his wife, which said Smith property is known as No. 19 North Queen Street, extending to the Kann prop- erty on the North and extending in depth Eastwardly to the alley in the rear two hundred sixty-nine (269) feet, more or less. BEING the same property which Donald E. Sprecher and Debra J. Sprecher, by their deed dated March 1, 1990, and recorded March 13, 1990, in Cumberland County Deed Book "L", Volume 34, at Page 503, conveyed to Donald E. Sprecher, the Grantor herein. PARCEL IDENTIFICATION NO: 32-33-1869-027. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Raymond S. Zenewicz, Jr. and Amanda L. Zenewicz, hus- band and wife, by Deed from Don- ald E. Sprecher, dated 11 /01 / 2005, recorded 11/16/2005, in Deed Book 271, page 4838. r 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#5 • .. .... . ............. Sworn to and subscribed before me this 18th day of May 2007 A.D. Notarial Seal Terry L Russell, Notary Public City Of Harrisburg; Dauphin County My missio Aires June 6, 2010 Memb , Pennsv' is Association of Notaries A NOTAKvf PUBL CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013