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Home My WebLink About01-3872 AS OF 11-;J-1 -&-60" CASE# c?wDOJ - 3rc7;)- . HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. .. ~ Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267/85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, v. Crystal L.. Zellner 517 N. Pitt Street Carlisle, Pa 17013 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3872 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. PRAECIPE TO.,-ISSUE WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: Issue Writ of Execution in the above matter. Amount Due Interest Fn;>m 08/14/2001 to 03/07/2007 @ $17.08 per diem * plus fees and costs $37,386.63 $34.826.12 $72,212.75 Dated: November 22. 2006 ZD 7eJ ~ ~ - ....... rn J.,.) - 'CQ. 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Nos. 04267/85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax:: 215-886-8791 TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, Attorneys for Plaintiff [ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Crystal L.. Zellner 517 N. Pitt Street Carlisle, Pa 17013 NOOI-3872 CIVIL ACTION DEFENDANT. CERTIFICATION Richard M. Squire, Esquire, hereby verifies that he is an 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 0 8 Pa. C.S. Sec ion 4904 relating to unsworn falsification to authorities. Date: _November 22, 2006_ (') c: -,., ...-1 G:~ '.,ne ;;1'-.' ~~~.. r:' <:: ~~~ ~~ -< ~ = = cro % c:> < N tJ:> ~ ~ rn~ -om ?=e:J. 6 o. .1 ':)- ~.~ o ~ ~ ;'l:l'" z S? W (..J Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 NO. 01-3872 CIVIL ACTION DEFENDANT. MORTGAGE FORECLOSURE AFFIDAVIT OF LAST KNOWN ADDRESSES I, M. Troy Freedman, Esquire, being duly sworn according to law, hereby depose and say that I am one of the attorneys for Plaintiff in the above matter and that the last known address for the Defendant herein is as follows: Defendant: 517 N. Pitt Street Carlisle, Pa 17013 Date: November 22, 2006 (') c <' ;:g 15': ~_).f 1, zf~': ~X" ~~~ Z .:2 ~ = = <::::T' :z o <: N \,0 ~ ~ rn~ 3I' --It;::> :1.: =B (...).,- ._"'<.") om ~ -< :;p 3: '2 w w Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267/85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store PLAINTIFF, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 NO. 01-3872 CNIL ACTION DEFENDANT. MORTGAGE FORECLOSURE VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, Esquire, hereby verifies that he is one of the attorneys 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 is 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 is over 18 years of age and resides at 517 N. Pitt Street Carlisle, Pa 17013 This statement is made subject to the penalties of 18 Par C.S. Section 4904 relating to unsworn falsification to authorities. Dated: November 22, 2006 Richard M. Squire, Es Attorney for Plaintiff ~ -( Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267/85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, v. NO. 01-3872 Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. AFFIDAVIT PURSUANT TO RULE 3129.1 TMS Mortgage Inc., d/b/a The Money Store, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at : 517 N. Pitt Street, Carlisle, Pa 17013 1. Name and last known address ofOwner(s) or Reputed Owner(s): Crystal L. Zellner 517 N. Pitt Street, Carlisle, Pa 17013 2. Name and last known address ofDefendant(s) in the judgment: Crystal L. Zellner 517 N. Pitt Street, Carlisle, Pa 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Homecomings Financial Network 9350 Waxie Way, San Diego, CA 92123 4. Name and address of last recorded holder of every mortgage of record: TMS Mortgage Inc., d/b/a The Money Store C/o Rosicki, Rosicki, & Assoc. 1 Old Country Road, Ste 429 " \ Carle Place, NY 11514 5. Name and address of every other person who has any record lien on the property: NONE OTHER 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: P A Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare Attn : Legal Department Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 Domestic Relations 13 North Hanover Street Carlisle, PA 17013 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: Tenant/Occupant 517 North Pitt Street, Carlisle, P A 17013 VERIFICATION I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation 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: Richard M. Squire, Es 115 West Avenue, Sui Jenkintown, P A 19046 (215) 886-8790 Attorneys for Plaintiff Date: November 22, 2006 o c 03~'. ~t~~ (}J~' ' 2: ~{~ ~ ,...., = = c::>'"' Z o ..c. N \.D ~ ~::D Jj~ ~. S? :::r:-n 90 ~~/" C3 ~ . . "J:>. W ?l w :::;::.0 z -' Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267/85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, P A 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff TMS Mortgage Inc., d/b/a The Money Store : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, v. NO. 01-3872 Crystal L.. Zellner 517 N. Pitt Street Carlisle, Pa 17013 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Crystal L. Zellner 517 N. Pitt Street Carlisle, Pa 17013 Your house (real estate) at 517 North Pitt Street, Carlisle, Pa 17013 is scheduled to be sold at Sheriff's Sale on March 7, 2007 at the Cwnberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of$37,386.63 plus interest to the sale date obtained by TMS Mortgage Inc., d/b/a The Money Store against you. 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 canceled if you pay back to TMS Mortgage Inc., d/b/a The Money Store, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To fmd out how much you must pay, you may call: Richard M. Squire, Esquire or M. Troy Freedman, Esquire at (215) 886-8790. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the ZD .4 judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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 below 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 the Cumberland County Sheriffs Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6195. 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 a 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 Sheriffno later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date offiling of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 and 800-990-9108 ZD () roo.> ~ = c = ....'.... C7'" Sr.. Z ~ "o;:e [llrJ 0 n1::!J :;>> ~,. <: hi ~- -.... -::?["" N ~6 C'-? :~c:: \.0 ~\-.< .:? "T; :r:; > (5 :!:! ;~~~ ::it --~G <2 C:im 2: ~ ::2 c.:J c:.v -< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TMS MORTGAGE INC., DIBIA THE MONEY NO 01-3872 Civil CIVIL ACTION - LAW STORE, Plaintiff (s) From CRYSTAL L. ZELLNER (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 $37,386.63 L.L. Interest FROM 8/14/01 TO 3/7/07 @ $17.08 PER DIEM - $34.826.12 -- * PLUS FEES AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $2516.16 Other Costs Plaintiff Paid Date: NOVEMBER 29, 2006 (Seal) eums~~ry By: Deputy REQUESTING PARTY: Name RICHARD M. SQUIRE, ESQUIRE Address: ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, P A 19046 Attorney for: PLAINTIFF Telephone: 215-886-8790 Supreme Court ID No, 04267