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HomeMy WebLinkAbout11-3995Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 V. Plaintiff TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 Defendants File #: 267868 1 f 41, I F'-Y -2 AM 9: 16 ??Utt. BERLAND COUNTY -ENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ?• 3 !? s l.lYl+ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 267868 S a ? $qaw ?d a#4 0- k l- 16%11) s31 "OSTS9 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 267868 Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 09/13/2002 TORRENCE R. QUESENBERRY and ERIN M. QUESENBERRY made, executed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1773, Page 2730. By Assignment of Mortgage recorded 03/13/2003 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 695, Page 1450. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2010 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 File #: 267868 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage as of 04/01/2011: Principal Balance $68,431.13 Interest $2,224.02 10/01/20 10 through 04/01/2011 Late Charges $490.74 Non Sufficient Funds Charge $20.00 Mortgage Insurance Premium / $55.64 Private Mortgage Insurance Subtotal $71,221.53 Escrow Credit $2? 28.39) TOTAL $70,993.14 7 8 9 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 267868 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $70,993.14, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., :[d. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 'Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff File #: 267868 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, Cumberland County, Pennsylvania, according to a survey thereof prepared by D. P. Raffensperger, Registered Surveyor, dated May 12, 1952, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Cherokee Avenue, a distance of 213.96 feet west of the southwest corner of the intersection of St. John's Church Road and Cherokee Avenue, said point also being at the dividing line between Lots Nos. 159 and 160 on the hereinafter mentioned Plan of Lots; thence South 32 degrees 42.5 minutes East, a distance of 124.45 feet to a point; thence South 59 degrees 00 minutes West, a distance of 60.42 feet to a point at the dividing line between Lots Nos. 160 and 161 on said Plan; thence North 28 degrees 49 minutes West, a distance of 124.20 feet to a point on the southern side of Cherokee Avenue; thence eastwardly along the southern line of Cherokee Avenue, said line being an arc or a curve to the left for a radius of 500 feet, 22 feet to a point; thence continuing along said southern line of Cherokee Avenue, said line being an arc or curve to the left for a radius of 1,250 feet, 30 feet to a point, the place of BEGINNING. BEING Lot No. 160 on Plan of lots known as 'Keewaydin', recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 4, Pages 42 and 87. PROPERTY ADDRESS: 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 PARCEL # 13-24-0799-149 File #: 267868 VERIFICATION w ? of PHH Mort 1 ereby states that he/she isAtd C G r R? o gage Corporation, servicing agent for Plaintiff in this matter, PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION By PHH Mortgage Corporation, Its authorized agent, Date: 18 l BY ?U? lS r 4 5st PHS #: 267868 Name: QUESENBERRY File #: 267868 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3995 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff (s) From TORRENCE R. QUESENBERRY, ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY (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: $70,993.14 L.L.: $.50 Interest from 11/15/11 to Date of Sale ($11.67 PER DIEM) - $2,392.35 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $221.00 Other Costs: Plaintiff Paid: Date: 2,1412 David D. Buell, Prothono ary (Sea!) DeputyREQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE COURT OF COMMON PLEAS CORPORATION Plaintiff CIVIL DIVISION V. NO.: 11-3995 CIVIL TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: -', Amount Due $70,993.14 M rM f =zs ca Interest: from 11/15/2011 to Date of Sale $2,392.35 ,,,C? rD ($11.67 per diem) a rri c TOTAL ,7 $7 385.49 ' eanHfWnan P & Schmieg, LLP olesnik, Esq., Id. No.308877 aintiff Note: Please attach description of property. PHS # 267868 auu? ag. s ?y.od ?0jz6A qa. as orc) k a. so 4-- 4 a- as QLd S, Su Lc. kN- 11;5 3 90 a ? ? a? la3g 6. r 11 ssrr v? U? r *? 4 ?? w ? o I?E .'. Ss+ ?' O W.- W d r-` C/) a ? Ww? a?Wx s. D ? W?d• W O ? Y'+ W H ? a A W U ? O W? ? ? d W d W H v PA 05, ? O W O Ct+ W 'a ? ? A dam, W? ? W o W ? z ?U w r r 00 °° 0 M a? ?w U c/1 C o •? ? o LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, Cumberland County, Pennsylvania, according to a survey thereof prepared by D. P. Raffensperger, Registered Surveyor, dated May 12, 1952, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Cherokee Avenue, a distance of 213.96 feet west of the southwest corner of the intersection of St. John's Church Road and Cherokee Avenue, said point also being at the dividing line between Lots Nos. 159 and 160 on the hereinafter mentioned Plan of Lots; thence South 32 degrees 42.5 minutes East, a distance of 124.45 feet to a point; thence South 59 degrees 00 minutes West, a distance of 60.42 feet to a point at the dividing line between Lots Nos. 160 and 161 on said Plan; thence North 28 degrees 49 minutes West, a distance of 124.20 feet to a point on the southern side of Cherokee Avenue; thence eastwardly along the southern line of Cherokee Avenue, said line being an arc or a curve to the left for a radius of 500 feet, 22 feet to a point; thence continuing along said southern line of Cherokee Avenue, said line being an arc or curve to the left for a radius of 1,250 feet, 30 feet to a point, the place of BEGINNING. BEING Lot No. 160 on Plan of lots known as Keewaydin', recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 4, Pages 42 and 87. TITLE TO SAID PREMISES VESTED IN Torrence R. Quesenberry and Erin M. Quesenberry, h/w, by Deed from William T. Wolf, single man, dated 09/13/2002, recorded 09/18/2002 in Book 253, Page 3114. PREMISES BEING: 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 PARCEL NO. 13-24-0799-149 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 P,R0TI10N0T One Perm Center Plaza Philadelphia, PA 19103 2a FEB 14 AN ??? 215-563-7000 CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE, CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff v. TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3995 CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. /I Bv: Aelan Hallman & Schmieg, LLP John Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff` v. TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3995 CIVIL CUMBERLAND COUNTY PHS # 267868 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806. 1 2 3 Name and address of Owner(s) or reputed Owner(s): Name TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) rv S-' C= 10A RICHLAND LANE, APT 202 rn ci .-t a - CAMP HILL, PA 17011-2532 `- C.? µ+ r 4021 CHEROKEE AVENUE 'C- CAMP HILL, PA 17011-7806 _ c C c.7 7Z C-) Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Chase Manhattan Bank USA Chase Manhattan Bank USA Chase Manhattan Bank USA Chase Manhattan Bank USA Chase Manhattan Bank USA Chase Manhattan Bank USA, C/O JAMES C. WARMBRODT, ESQUIRE P.O. BOX 15018 WILMINGTON, DE 19850 802 DELAWARE AVENUE, 12TH FLOOR WILMINGTON, DE 19801 1201 NORTH MARKET STREET WILMINGTON, DE 19801 P.O. BOX 15595 WILMINGTON, DE 19886 802 DELAWARE AVENUE, SUITE 14 WILMINGTON, DE 19801 436 SEVENTH AVENUE, SUITE 1400 PITTSBURGH, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) N? ne. It 5. Name and address of every other person who has any record lien on the property: Name 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 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 TORRENCE R. QUESENBERRY, C/O ELIZABETH B. STONE, ESQUIRE Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 3507 MARKET STREET, SUITE 303 CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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.A. § 4904 relating to unsworn falsification to authorities. Date: 2 Z?zz ;7 ?=- BY: P n Hallinan & Schmieg, LLP Yft Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A CENDANT COURT OF COMMON PLEAS MORTGAGE CORPORATION : CIVIL DIVISION Plaintiff : : NO.: 11-3995 CIVIL VS. TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY CUMBERLAND OD124Tf Defendant(s) cra r` -' `; < r-- .?- --f cs NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -C, > E3 _°r r r TO: TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY10A RICHLAND LANE, APT 202 A/K/A ERIN MICHELLE QUESENBERRY CAMP HILL, PA 17011-2532 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 "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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $70,993.14 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff's 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of 'a Writ of Execution NO. 11-3995 CIVIL PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION vs. TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 Parcel No. 13-24-0799-149 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $70,993.14 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, Cumberland County, Pennsylvania, according to a survey thereof prepared by D. P. Raffensperger, Registered Surveyor, dated May 12, 1952, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Cherokee Avenue, a distance of 213.96 feet west of the southwest corner of the intersection of St. John's Church Road and Cherokee Avenue, said point also being at the dividing line between Lots Nos. 159 and 160 on the hereinafter mentioned Plan of Lots; thence South 32 degrees 42.5 minutes East, a distance of 124.45 feet to a point; thence South 59 degrees 00 minutes West, a distance of 60.42 feet to a point at the dividing line between Lots Nos. 1.60 and 161 on said Plan; thence North 28 degrees 49 minutes West, a distance of 124.20 feet to a point on the southern side of Cherokee Avenue; thence eastwardly along the southern line of Cherokee Avenue, said line being an arc or a curve to the left for a radius of 500 feet, 22 feet to a point; thence continuing along said southern line of Cherokee Avenue, said line being an arc or curve to the left for a radius of 1,250 feet, 30 feet to a point, the place of BEGINNING. BEING Lot No. 160 on Plan of lots known as'Keewaydin', recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 4, Pages 42 and 87. TITLE TO SAID PREMISES VESTED IN Torrence R. Quesenberry and Erin M. Quesenberry, h/w, by Deed from William T. Wolf, single man, dated 09/13/2002, recorded 09/18/2002 in Book 253, Page 3114. PREMISES BEING: 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 PARCEL NO. 13-24-0799-149 PLAINTIFF PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION DEFENDANT TORRENCE, R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY SERVE ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY AT: 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 **DIVORCED- One cannot accept service for the other" SERVED --l:+F I ICE. PHS#267868 ") H(Q IAi'7 COURT NOE 1995 CIVAl I t 11 A R ~ 8 AM, 9: 5 J BERLAND COUNT`Y 'PENNSYLVANIA TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: June 6, 2012 Served and made known to ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY, Defendant on the day of ?_, 20(,x, at -1,36, o'clock A M., at 40).1 3*_R6KEE AK,c4mf' r?t%PA in the manner described below: ? Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant'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 office or usual place of business. - an officer of said Defendant's company. Other: Description: Age P_6 S Height '54' Weight _ (30 Race i/U Sex F Other _ I, Ra O kip MO LL. , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ?-a NAME: PRINTED NAME:d TITLE: P? ?S5 5&Z-0fiz NOTSERVED On the _ day of , 20 , at o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA V. TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY 9.. i VP )') . pper. I". rr Court of Common Pleas Civil Division CUMBERLAND County No.: 11-3995 CIVIL Defendants RULE AND NOW, this z day of 7))k vJ - 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. 267868 Allison F. Wells, Esq., Id. No.309519 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 V TORRENCE R. QUESENBERRY 1 OA RICHLAND LANE APT 202 CAMP HILL, PA 17011-2532 C 1 l'P%es ma"lel( 19J/C- TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 267868 267868 Allison F. Wells, Esq., Id. No.309519 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 TORRENCE R. QUESENBERRY l0A RICHLAND LANE APT 202 CAMP HILL, PA 17011-2532 TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 267868 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION f.? s i I:n. ETA aSY1 V'AN A CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff vs. CIVIL DIVISION NO. 11-3995 CIVIL TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, TORRENCE R. QUESENBERRY, by certified mail and regular mail to TORRENCE R. QUESENBERRY at, 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 and l0A RICHLAND LANE, APT 202, CAMP HILL, PA 17011-2532 and posting 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for June 6, 2012. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, TORRENCE R. QUESENBERRY, with the Notice of Sale at the mortgaged premises, 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A", no service was made as the Defendant does not reside at the said address. Attempts to serve Defendant, TORRENCE R. QUESENBERRY, with the Notice of Sale at l0A RICHLAND LANE, APT 202, CAMP HILL, PA 17011-2532 have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A", no service was made as the Defendant does not reside at the said address. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of March 23, 2012, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on March 23, 2012 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs March 23, 2012 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, TORRENCE R. QUESENBERRY, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to TORRENCE R. QUESENBERRY at, 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 and l0A RICHLAND LANE, APT 202, CAMP HILL, PA 17011-2532 and posting 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 and by publication. Phelan Hallin & Schmieg, LLP DATE: `Z Lgo 1 By: Matth B shw od, Esquire Attorney for aintiff PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff VS. TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-3995 CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, TORRENCE R. QUESENBERRY, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to TORRENCE R. QUESENBERRY at, 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011- 7806 and l0A RICHLAND LANE, APT 202, CAMP HILL, PA 17011-2532 and posting 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 and by publication pursuant to PA.R.C.P. 3129.2. i DATE: " Phelan Ha& Schmieg, LLP By: MattAwlft?-?Cwood, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION VS. TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Defendants NO. 11-3995 CIVIL CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. TORRENCE R. QUESENBERRY 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 l0A RICHLAND LANE, APT 202 CAMP HILL, PA 17011-2532 DATE: Cc: ERIN M. QUESENBERRY Phelan Hallinan & Schmieg, LLP By: 1k I ?- - Matth w rus wood, Esquire Attorney for Plaintiff A/K/A ERIN MICHELLE QUESENBERRY EXHIBIT 66A" AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION PHS # 267868 DEFENDANT SERVICE TEAM/ lxh TORRENCE R. QUESENBERRY COURT NO.: 11-3995 CIVIL ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY SERVE TORRENCE R. QUESENBERRY AT. TYPE. OF ACTION 4021 CHEROKEE. AVENUE XX Notice of Sheriff's Sale CAMP HILL, PA 17011-7806 SALE DATE: June 6, 2012 **DIVORCED- One cannot accept service for the other** SERVED Served and made known to TORRENCE R..UESENBERRY, Defendant on the i day of 20 , at o'clock _. M., at in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other - I, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: 1 NUT SERVED On the.29'kay of 20« at 73e clock pm., Defendant NOT FOUND because: _ Vacant Does Not Exist Moved VDoes Not Reside (Not Vacant) No _ Service Refused Other: PRINTED NAME:. , bN4c A o L- ,- I unelerstan this statement is ma subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to ut t azllt&-d BY? ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel Cr. Schmieg, Esq., Id. No. 621,05 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenne R. Davey, Esq., Id. No. 87077 1-wen R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison P. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa.J. Cantwell, Esq., Id. No. 308912 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION PHS # 26786$ DEFENDANT SERVICE TEAM/ lnh TORRENCE R. QUI SENBERRY COURT NO.: 11-3995 CIVIL ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY t`} SERVE TORRE, NCE R. QUESENBERRY AT: TYPE OF ACTION 10A RICHLAND LANE XX Notice of Sheriffs Sale APT 202 SALE DATE: June 6, 2012 CAMP HILL, PA 17011-2532 **DIVORCED- One cannot accept service for the other** SERVED Served and made known to,rORRENCE R. QUESENBERRY, Defendant on the _ day of -, 20 at ., d clock _. M., in the manner described below: Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight --Race Sex Other I, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec, 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: ?, NOT SERVED On the??,? day of FUPLq, 20 O-, at 51313 o'clock -? M„ Defendant NOT FOUND because: _ Vacant _ Does Not Exist - Moved ?Does Not Reside (Not Vacant) _ No Answer on at __ at Service Refused Other: I understand hts statement is ntade subject to the penalties of 18 Pa. C.S. See. 4904 relating to unsworn falsification t atutht itigs. ham.-Iwef , " r, BY: I V" PRINTED NAME: Ro #J y-,b AA a u- ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S.1lallinan, Esq., Id. No. 62695 Daniel C. Sehmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey. Esq., Id. No. 871777 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Process Server Check List If Service Is Made: Spouses Names if Applicable Wife• Husband. Divorced: Yes ( ) No { ------------------------ No Service Made 1. Vacant: Yes ( ) No { ?) 2. Is there a name on the mailbox? is it the defendants? ti? S - t C) RAA LOC4VT 3. Ne414-Agor Contact: Yes (? } No ( } Nov If ....?_ gip.-?.. ? .P-?,?r- .....??.?.c?s?Y 4. For Sale Sign: Yes ( ) No ( ?a Realtor, Name: Company Name: Phone Number: 5. Car in Drive Way Yes ( } No Plate Number: EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 267868 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Torrence R. Quesenberry & Erin M. Quesenberry Property Address: 4021 Cherokee Avenue, Camp Hill, PA 17011 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Torrence R. Quesenberry - xxx-xx-2158 Erin M. Quesenberry - xxx-xx-9858 B. EMPLOYMENT SEARCH Torrence R. Quesenberry & Erin M. Quesenberry - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Torrence R. Quesenberry & Erin M. Quesenberry reside(s) at: 4021 Cherokee Avenue, Camp Hill, PA 17011. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Torrence R. Quesenberry & Erin M. Quesenberry reside(s) at: 4021 Cherokee Avenue, Camp Hill, PA 17011. On 03-08-12 our office made a telephone call to the subjects' phone number (717) 730-0386 and received the following information: not in service. III. INQUIRY OF NEIGHBORS On 03-08-12 our office made several phone calls in an attempt to contact Craig A. Miller (717) 525-7186,4020 Cherokee Avenue, Camp Hill, PA 17011: answering machine. On 03-08-12 our office made a phone call in an attempt to contact Tina M. Dean (717) 972-8369, 4027 Cherokee Avenue, Camp Hill, PA 17011: not in service. On 03-08-12 our office made several phone calls in an attempt to contact Jill L. Henry (717) 695-2949,4014 Cherokee Avenue, Camp Hill, PA 17011: no answer. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-08-1.2 we reviewed the National Address database and found the following information: Torrence R. Quesenberry & Erin M. Quesenberry - 4021 Cherokee Avenue, Camp Hill, PA 17011. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 03-08-12 Vital Records and all public databases have no death record on file for Torrence R. Quesenberry & Erin M. Quesenberry. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Torrence R. Quesenberry -1977 Erin M. Quesenberry -1981 B. A.K.A. Erin M. Duringo; Erin M. Guringo * Our accessible databases have been checked and cross-referenced for the above named individual(s). " Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C" N 01 J Oo O? •v -q D O " C- z r CD ? 3 a ? Y a C >?y ?Ay z 0?? ° 0 xNxz ?, x? o ? ? 2 a N d N H?~ A Cr1 N tz z z 21 2.9 s. N bd CTJ ,,, m° d 0 3 n n ? a ? a ???yy / ?+ a y y l y b S gip' y a l d nn w c A a_.o 0 0 y. w x C/I 8g ? y y w 0 00 0 ° B J 00 N . O WE' 00 O < on C C G ?. R n 7 ? n' O y O 3 N y R5 X d N • ? 1? ? A F f . o c o 0 i ? -1 0 O ? ? w N C 0 ? ? a+S .3f?9 66 C : ti O. ? ? . . ? N ?( $02-030 v ? 69 w w ?n ^ ' Ci 0>z ")aw c R- ?g o N rn a. 1 ?(0 baE a?< N OQ ?r or ° ,.ty Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@fedphe.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania and New Jersey March 23, 2012 TORRENCE R. QUESENBERRY 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 RE: PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION v. TORRENCE R. QUESENBERRY and ERIN M. QUESENBERRY Premises Address: 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 CUMBERLAND County, No. 11-3995 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by March 30, 2012. 'Should you have any further questions or concerns, please do not hesitate to contact me. ise, please be guided accordingly. V 4F.Y, Legal Assistant Hallinan & Schmieg LLP 267868 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@fedphe.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania and New Jersey March 23, 2012 TORRENCE R. QUESENBERRY l0A RICHLAND LANE, APT 202 CAMP HILL, PA 17011-2532 RE: PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION v. TORRENCE R. QUESENBERRY and ERIN M. QUESENBERRY Premises Address: 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 CUMBERLAND County, No. 11-3995 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9),1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by March 30, 2012. )uld you have any further questions or concerns, please do not hesitate to contact me. please be guided accordingly. 1EY, Legal Assistant Hallinan & Schmieg LLP 267868 Phelan Hallinan & Schmieg, LLP cf? Melissa J. Cantwell, Esq., Id. No.3084J,12 APR ~5 ?? ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 C'?lIMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff vs. TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 11-3995 CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's March 28, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. TORRENCE R. QUESENBERRY TORRENCE R. QUESENBERRY l0A RICHLAND LANE ERIN M. QUESENBERRY APT 202 A/K/A ERIN MICHELLE QUESENBERRY CAMP HILL, PA 17011-2532 4021 CHEROKEE AVENUE CAMP HILL. PA 17011-7806 DATE: CPhelan llinan & S eg, LLP By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 267868 .61-? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff VS. TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Defendants ORDER CIVIL DIVISION NO. 11-3995 CIVIL c-) it E'er y, t' C -? ^7 J? AND NOW, this J ..z day of 2012, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant TORRENCE R. QUESENBERRY by: ?S a REGULAR MAIL TO, TORRENCE R. QUESENBERRY at, 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 and l0A RICHLAND LANE, APT 202, CAMP HILL, PA 17011-2532 CERTIFIED MAIL TO, TORRENCE R. QUESENBERRY at, 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 and l0A RICHLAND LANE, APT 202, CAMP HILL, PA 17011-2532 v POSTING 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011- 7806 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: p J. PHS # 267868 ? CC PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 CCPy 1-40-Jed 41glra- Avv TORRENCE R. QUESENBERRY, and ERIN M. QUESENBERRY QUESENBERRY 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 A/K/A ERIN MICHELLE PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW TORRENCE R. QUESENBERRY, and ERIN M. QUESENBERRY, A/K/A ERIN MICHELLE QUESENBERRY, Defendant NO. 11-3995 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 24"' day of April, 2012, upon consideration of Plaintiff's Motion To Make Rule Absolute, and no answer to the Rule To Show Cause issued on March 27, 2012, having been filed, it is hereby ORDERED and DECREED that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion To Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: J rV 1e-1 Principal Balance $68,431.13 Interest through June 6, 2012 $7,480.32 r ? Per Diem $12.15 Late Charges $490.74 Cost of Suit and Title $1,239.50 Property Inspections $35.75 `=:? Mortgage Insurance Premium to be paid prior to June 6, 2012 $136.05 Non Sufficient Funds Charge $20.00 Escrow to be paid prior to June 6, 2012 $474.65 Escrow Deficit $1,999.66 TOTAL $80,307.80 BY THE COURT, Christylee L. Peck, J. V Alison F. Wells, Esq. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaintiff ? Torrence R. Quesenberry l0A Richland Lane Apt. 202 Camp Hill, PA 17011 ? Torrence R. Quesenberry Erin M. Quesenberry A/K/A Erin Michelle Quesenberry 4021 Cherokee Avenue Camp Hill, PA 17011-7806 Defendants, pro Se :rc at P T i 10111 1 V' i PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff ID? ?0 :? RLAND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY CENDANT MORTGAGE CORPORATION Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION TORRENCE R. QUESENBERRY No.: 11-3995 CIVIL ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party 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 Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hibit "A". Ma ew hw od, Esquire Attorney t P ntiff Date: 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. PHS # 267868 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff V. TORRENCE R. QUESENBERRY COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3995 CIVIL ERIN M. QUESENBERRY CUMBERLAND COUNTY A/K/A ERIN MICHELLE QUESENBERRY Defendant(s) PHS # 267868 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806. Name and address of Owner(s) or reputed Owner(s): Name 2 3 TORRENCE R. QUESENBERRY ERIN M.QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 10A RICHLAND LANE, APT 202 CAMP HILL, PA 17011-2532 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Chase Manhattan Bank USA Chase Manhattan Bank USA Chase Manhattan Bank USA Chase Manhattan Bank USA Chase Manhattan Bank USA Chase Manhattan Bank USA, C/O JAMES C. WARMBRODT, ESQUIRE P.O. BOX 15018 WILMINGTON, DE 19850 802 DELAWARE AVENUE, 12TH FLOOR WILMINGTON, DE 19801 1201 NORTH MARKET STREET WILMINGTON, DE 19801 P.O. BOX 15595 WILMINGTON, DE 19886 802 DELAWARE AVENUE, SUITE 14 WILMINGTON, DE 19801 436 SEVENTH AVENUE, SUITE 1400 PITTSBURGH, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 Lower Allen Township Authority Daley, Zucker, Meilton, Miner & Gingrich, L.L.C. C/o Steven P. Miner, Esquire 635 N 12TH ST STE 101 LEMOYNE, PA 17043 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 TENANT/OCCUPANT Address (if address cannot be reasonably ascertained, please indicate) 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 TORRENCE R. QUESENBERRY, C/O ELIZABETH B. STONE, ESQUIRE Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 3507 MARKET STREET, SUITE 303 CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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.A. § 4904 relating to unsworn falsification to aujherit es. Date: ?hJ6' By: & Schmieg, LLP )od, Esq., Id. No.310592 Attorney for Plaintiff F n ? x C R G a W W d N 0 N 0 ?O 0 [z] d U d b `? d ? ao d U n> ? G O ? =.p1U a _. O ii .y Q ?, OD ,J ?Grr? H V .L Old r L O y C O O L ? iG A '?' ? a+ .p G to O G d i F v F °' n. .d c d c a' ? '?, W .p R 9 d p' 7 E.. 'Z, ,2 R ?wQ ? 3d dN^`?O pia 3 3 Oia?W N w Co d 0 z* * d .+ N ? o 6p0 H? O O N u N F c u ? c ? E E a ?, d y U U ? G U j 111 N O U ? E v p - u m a v G 6.? N ? T d b0 ?? O ? b v F b o ? ? y a p F a ? E x CO u 7 "' 4. E v u O F w N 0 v u aw o `C a"o °°•d o T N 7 o`nw ? y?.??11 0 _ F? O O .E ? N ° V R F v7 b O 7 ? o d E M b 4'p'K rn W s ? aH°' / A d ? a ? aW c F-? d W a? ?+I W U a d 0 0 a n V 4 ?a ro u o y r ao o . a G p r --WUs x w ? °- co a? a`OOa t ? N v E ch z¢o 00 00 r- N 0-' o a°v x x ii b ? N z¢ 00 00 r- N Apr i ? W O 1-4 ! ? x w ? a rte. d N a w O er w W .. w o H o F o p ? A q w y w 3 ?? d U N q w 5! w w a ,, 3 v u ° O O p W W?? U? Z Q >' dN C4 > ca po 1-4 Ln > C> Wo ?o W QF .- " 'Dcn '?W "yAa °o +'CA rA Go 00 Go w c> 17, Q Q Za?za-14 a?W? xDvNi?W•-+w w aoi La C4 W° O o ai ?-+ P4 V >O as af> W °° W `C W O> W ?w P r-4 m? P. .+rn 7 N N v ?° Q'?Cq WCIQgW qC4 Qcq'<= >d0+? p dM o d api? ° ?.,W t7 ai q p p p Q Pr d o O> C U ???W Q ?ooZ" ?wp?? ? Z ya ."? ,'2{ 04 P. ? ca -"- < 0k < a?;bpd,? a>i a`iQ o?" ?oO mdO eex0 in in ? p HraF0 W 0 aQ W L'y L p4 as VUOa sy?nE-• a F c F.pr. 3 pZ U aP4Z ?N i. P4 m? as p4 9 o U o P4 4 ci '" C7 Q C7 a C7 X d a W Z ?? u P" p K .r n ., a a ?,?wHxmo?a o?o>Pa y 0-0 ?:;, d? O V3 ga ??F r EZ Ep ? FZN0HC s N? X0.3 ??M~O in OM o... p? °oa.zN:T,UUw3:J'- .3Ua: Uw U?aFe,,Uq.,UUa:x -..•wawxP4 U 'O N Aa vi ? - ? "y N 00 cFC '?O 4. C. ""? N M o . ? ? h w E E O C 2 H ? 2 o M -y E c ? ? E a ? f? G H w ? Q V ? C E U ? - E ? uu`$o ? E t?a env 3 o'aa .? c C CL ,S9? A o ae? c ? w ? ? $ I c $ ? o ; o v vi •O u O ? ? E mo a' u $ T ? g H S. o e o e'Q c .y o m .E else o u ? yyy.o u A a. ?s ?o a iW 8 e ? i u u ao. o' y? ?IE c o ao ?a ll..! a V u v --1 u d ?3 ??rrty? PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ?v rte, ""EPA' "-ID COUNTY INSYLVANIA PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff VS. TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-3995 CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to TORRENCE R. QUESENBERRY on APRIL 18, 2012 in accordance with the Order of Court dated APRIL 5, 2012. The property was posted on APRIL 24, 2012. Publication was advertised in THE CUMBERLAND LAW JOURNAL on APRIL 27, 2012 & in THE SENTINEL on APRIL 19, 2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: By: lls, Esquire Attorne for Plaintiff LLP U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff VS. TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Defendants ORDER CIVIL DIVISION NO. 11-3995 CIVIL ?C- -:, AND NOW, this Jr ?, day of 2012, after consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant TORRENCE R. QUESENBERRY by: REGULAR MAIL TO, TORRENCE R. QUESENBERRY at, 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 and 10A RICHLAND LANE, APT 202, CAMP HILL, PA 17011-2532 CERTIFIED MAIL TO, TORRENCE R. QUESENBERRY at, 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 and 1 0A RICHLAND LANE, APT 202, CAMP HILL, PA 17011-2532 / v POSTING 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011- 7806 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: p / J. PHS # 267868 ? CC PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Le,py wta: Jrd q1 Q // aL ?.v TO10CE R. QUESENBERRY, and ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 r i z O Ir y 1 r H? N ? ? ?O 00 J O? U ? w N y a? 1 c M iF dF iF N iF dF iF M ?F IF IF iF N ,µ # dF ?F N ? • 3 5 '+ iF # dF • iF iF N ,? iF 1F • z a= ? te ON CD bx x?z ?z `° a $O V l"?C? C?i ?+ [i7 he9 Z ? ? [:7 trJ N u Z ? C 0 C" o rn c c n ?C N ?C ? V b N N h CD fD QQ O FN ? ? ? ® P T I NEY 6(rryES 02 1M $ 02.03° 0004277256 RPR18 2012 r; a 9 A y o ? d O V r ? ,9 R m A A W-A o? W C a R,° 0 7? C A A O MMILCU MOMS [IPCODE 1 91 0 3 7178 2417 6099 0097 7734 NPE / 267868 TORRENCE R. QUESENBERRY 4021 CHEROKEE AVENUE CAMP HILL, PA 17011 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.com® - Track & Confirm Page English Customer Service U3PS Mobile Lisicoff Register I Sign In Search USPS.com orTrack Packages Shop Business Solutions YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE & TIME LOCATION FEATURES 71782417809900977734 First-Class Mails Delivered May 14,2012,10:13 am PHILADELPHIA, PA 19103 Expected Delivery By: April 20, 2012 '.. Return Receipt Electronic Processed through May 10, 2012,11:48 pm PHILADELPHIA, PA 19178 USPS Sort Facility Unclaimed May 05, 2012, 2:00 pm CAMP HILL, PA Notice Left April 25, 2012, 8:13 am LEMOYNE, PA 17043 Notice Left April 20, 2012, 2:52 pm CAMP HILL, PA 17011 Depart USPS Sort April 20, 2012 HARRISBURG, PA 17107 Facility Processed through April 19, 2012,11:35 pm HARRISBURG, PA 17107 USPS Sat Facility Dispatched to Sort April 18, 2012, 5:58 pm PHILADELPHIA, PA 19104 Facility Acceptance April 18, 2012, 4:32 pm PHILADELPHIA, PA 19102 Electronic Shipping Into April 18, 2012 - Received Track & Confirm PRINT DETAILS Quick Tools Ship a Package Send Mail Manage Your Mail Check on Another Item Where your label (or receipt) number? LEGAL Privacy Policy > Tams of Use > FOIA No FEAR Act EEO Data Copyrighr;' 2012 USPS. All Rights Reser+ed ON USPS.COM Goveminent Services > Buy Stamps S Shop Prim a Label with Postage, Customer Service) Site Index > Find ON ABOUT.USPS.COM About USPS Home Newsroom > Mail Service Updates Forms 8 Publications Careers > OTHER LISPS SITES Business Customer Gateway, Postal Inspectors, Inspector General Postal Explorer https://tools.usps.comlgolTrackConfimiAction.action?tLabels=71782417609900977734 6/1/2012 NPE / 267868 TORRENCE R. QUESENBERRY l0A RICHLAND LANE APT 202 CAMP HILL, PA 17011 --fold here (regular) -- fold here (60) --fold here (regular) USPS.com® - Track & Confirm Page I of I English Customer Service USPS Mobile Register I Sign In iii/ VsrT"w7ko Search 0SPS.com of Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm > PRINT DETAILS YOUR LABEL NUMBER SERVICE sTATus OF YOUR ITEM DATE a TIME LOCATION FEATURES 71782417609900977741 First-Class Mail* Delivered April 23, 2012, 12:25 pm PHILADELPHIA, PA 19101 Expected Delivery By: April 20, 2012 j Return Receipt Electronic Notice Left (No April 23, 2012, 7:34 am PHILADELPHIA, PA 19103 Authorized Recipient Available) Arrival at Unit April 21, 2012,12:41 pm PHILADELPHIA, PA 19104 Processed through April 20, 2012, 2:01 am PHILADELPHIA, PA 19176 '.. USPS Sort Facility Dispatched to Sort April 18, 2012, 5:56 pm PHILADELPHIA, PA 19104 '.. Facility Acceptance April 18, 2012, 4:32 pm PHILADELPHIA, PA 19102 Electronic Shipping Info April 18, 2012 Received Check on Another Item VNa your label (or receipt) number? Find LEGAL Privacy Policy Terms of Use FOIA No FEAR Act EEO Data Copyhghl 2012 USPS. All Rights Reserved ON USPS.COM Government Services > Buy Stamps & Shop Prim a label with Postage) Customer Service, Site Index, ON ABOUT.USPS.COM About USPS Home, Newsroom Mail service updates Forms & Publications Careers > OTHER USPS SITES Business Customer Gateway , Postal Inspeciors Inspector General : Postal Explorer https://tools.usps.comlgol TrackConfimiAction.action?tLabels=71782417609900977741 6/1/2012 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION PHS # 267868 PRINTED NAME: Ronald Moll DEFENDANT TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY SERVE TORRENCE R. QUESENBERRY AT: 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 PLEASE POST TO PREMISES PER COURT ORDER SERVICE TEAM/ lxh COURT NO.: 11-3995 CIVIL TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: June 6, 2012 SERVED LL Served and made known to TORRENCE R. QUESENBERRY, Defendant on the 20day of [ L , 20 P at o'clock M., at 40-1 (?(4f 0RAE ENdtL , in the manner described below: &A Defendant personally served. CAMp (t u, A F -71 _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company. Other: FiD -0 (S" Description: Agee._ _ Height Weight Race Sex Other I, a competent adult, hereby verify that I personally 1 Me and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. r"-1 --1 _ ti -4, n DATE: _4 (a'-' NAME - Vacant - Does Not Exist - Moved - Does Not Reside (Not Vacant) TITLE: Process Server NOT SERVED On the day of , 20 , at o'clock _. M., Defendant NOT FOUND because: _ No Answer on at Service Refused at Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 ?Ik fw 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 27, 2012 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. Lisa arie Coyne, Ed or SWORN TO AND SUBSCRIBED before me this 27 day of April, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 .• r CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 11-3995 CIVIL PHH MORTGAGE CORPORATION f/k/a CENDANT MORTGAGE CORPORATION vs. TORRENCE R. QUESENBERRY and ERIN M. QUESENBERRY a/k/a ERIN MICHELLE QUESENBERRY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: TORRENCE R. QUES- ENBERRY and ERIN M. QUESEN- BERRY a/k/a ERIN MICHELLE QUESENBERRY Being Premises: 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011- 7806. Being in LOWER ALLEN TOWN- SHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, 13-24-0799-149. Improvements consist of residen- tial property. Sold as the property of TOR- RENCE R. QUESENBERRY and ERIN M. QUESENBERRY a/k/a ERIN MI- CHELLE QUESENBERRY. Your house (real estate) at 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 is scheduled to be sold at the Sheriff's Sale on June 6, 2012 at 10:00 A.M., at the CUM- BERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judg- ment of $70,993.14 obtained by, PHH MORTGAGE CORPORATION f/k/a CENDANT MORTGAGE CORPORA- TION (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Apr. 27 12 PROOF OF PUBLICATION Stait° of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and savs that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular t-ditions and issues of THE SENTINEL on the following day(s) April 19, 2012 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3995 CIVIL PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Vs. TORRENCE R. QUESENBERRY and ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY NOTICE TO: TORRENCE R. QUESENBERRY and ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Being Premises: 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 Being in LOWER ALLEN TOWNSHIP, County of CUMBERLAND. Commonwealth of Pennsylvania, 13-24-0799-149 Improvements consist of residential property. Sold as the property of TORRENCE R. QUESENBERRY and ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Your house (real estate) at 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM, at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judgment of $70,993.14 obtained by, PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true 71, Sworn to and subscribed before me this 'I ') Q/Y11X l U My commission expires: Notary Public 3H~ERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson : ~ _. ~ r ~ ~ Sheriff ~$~~5~, cf fumy ~~~~ ' ~' k ` ;`, ~ ;"' Jody S Smith 1 Chief Deputy ~~ '~`~ ..~ c~' ~ ~_~`~ ~ ( r~i (~ [; ~.~•. Richard W Stewart ~.. ~~~'"3~~L<~'„~{J G~'l~~""`~' Solicitor ~~~~~ ~=~ ~ '~ ~ ~ s ~ e~jR~ ~''E~P'~dSYL.~„P~! ~~ PHH Mortgage Corporation Case Number vs. 2011-3995 Torrence R. Quesenberry (et al.) SHERIFF'S RETURN OF SERVICE 03/24/2012 10:18 AM -Ron Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Torrence R. Quesenberry, but was unable tj locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not.Found" at 10 A Richaland Lane, Apt 202, Camp Hill, PA 17011, post office is unable to forward defendants mail to address stated. 03/28/2012 08:27 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Real EstaeE Writ, Notice and Description, in the above titled action, by making known its contents and at the same personally handing a true copy to a person representing themselves to be the Defendant, to wit: Erin Michelle Quesenberry at 4021 Cherokee Avenue, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 03/28/2012 04:10 PM -Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled actior upon the property located at 4021 Cherokee Avenue, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 03/29/2012 Affidavit of Service onErin M. Quesenberry a/k/a Erin Michelle Quesenberry filed in the Sheriffs Office 04/26/2012 Order to reassess damages, $ 80,307.80 06/06/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice h been given according to law, he exposed the within described premises at public venue or outcry at thi Cumberland County Courthouse, Carlisle PA on June 6, 2012 at 10:00 a.m.. He sold the same for the sum of $60,000.00 to Attorney Daniel Schmieg, on behalf of xxxxx. xxxxx, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $2,300.92 SO ANSWERS, ~~'-• July 09, 2012 RON R ANDERSON, SHERIFF . S~ L ~d- L'~L~ ~j q (cj CountySuite Shenff. Teleosoft. Inc. ~ ~~ . ww f SCHEDULE OF DISTRIBUTION Date Filed: 6/26/12 Writ No. 2011-3995 Civil Term PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation -vs- Torrence R. Quesenberry and Erin M. Quesenberry, a/k/a Erin Michele Quesenberry 4021 Cherokee Avenue Camp Hill, PA 17011 Sale Date: June 6, 2012 Buyer: PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation Bid Price: $ 60,000.00 Total Due: $ 80,307.80 per Order of Court to Reassess Damages DISTRIBUTION: Receipts: Cash on Account (02/15/2012): $ 1,500.00 Cash on Account (06/06/2012): 6,000.00 Credit Writ 2011-3995 Civil Term 52,500.00 Total Receipts: $ 60,000.00 Disbursements: Sheriff s Costs Lower Allen Township Refund of Advance Costs to Attorney Daniel Schmieg Paid to Attorney Daniel Schmieg Credit Writ 2011-3995 Civil Term Total Disbursements: Balance for distribution: So Answers: ""'! .. ,:+ Ronny R. Anderson Sheriff $ 2,300.92 1,296.15 1,500.00 2,402.93 52,500.00 ($60,000.00) 00.00 r +, . / PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff v. TORRENCE R. QUESENBERRY . ERIN M. QUESENBERRY . A/K/A ERIN MICHELLE QUESENBERRY Defendant(s) . COURT OF COMMOi'~ PLEAS CIVIL DIVISION NO.: 11-3995 CIVIL CUMBERLAND PHS # 267868 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff in the by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following informs the real property located at 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806. 1 2. 3. Name and address of Owner(s) or reputed Owner(s): Name TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) l0A RICHLAND LANE, APT 202 CAMP HILL, PA 17011-2532 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to Name Address (if address cannot be reasonably ascertained, please indicate) Chase Manhattan Bank USA Chase Manhattan Bank USA Chase Manhattan Bank USA Chase Manhattan Bank USA Chase Manhattan Bank USA Chase Manhattan Bank USA, C/O JAMES C. WARMBRODT, ESQUIItE P.O. BOX 15018 WILMINGTON, DE 19850 802 DELAWARE AVENUE, 12TH FLOOR WILMINGTON, DE 19801 1201 NORTH MARKET STREET WILMINGTON, DE 19801 P.O. BOX 15595 WILMINGTON, DE 19886 802 DELAWARE AVENUE, SUITE 14 WILMINGTON, DE 19801 436 SEVENTH AVENUE, SUITE 1400 PITTSBURGH, PA 15219 we action, i concerning sold: 4. Name and' address~of ],ast recorded holder of every mortgage of record: Name ~ 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 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 sale. Name 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 be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT TORRENCE R QUESENBERRY, C/O ELIZABETH B. STONE, ESQUIRE 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 3507 MARKET STREET, SUITE 303 CAMP HILL, PA 17011 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my persc knowledge or information and belief. I understand that false statements herein are made subject to of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2 ,.~~ by the which may penalties Cn Hallman & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION COURT OF COMMON LEAS CIVIL DIVISION Plaintiff NO.: 11-3995 CIVIL vs. TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY Defendant(s) CUMBERLAND CO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY l0A RICHLAND LANE, APT 202 A/K/A ERIN MICHELLE QI CAMP HILL, PA 17011-2532 4021 CHEROKEE AVENUE CAMP HILL, PA 17011-7806 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTIIVG TO COLLECT A DEBT AND ANY INFORMATION i WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAND THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ENFORCEMENT OF A LIEN AGAIIVST PROPERTY.** Your house (real estate) at 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 is be sold at the Sheriffis Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, S~ Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $70,993.14 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION (the mofl against you. In the event the sale is continued, an announcement will be made at said sale in compl 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 canceled if you pay to the mortgagee the back payments, late charges, reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-70C 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the j if the judgment was improperly entered. You may also ask the Court to postpone the sale for good ca 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 have of stopping the sale. (See notice on page two on how to obtain an attorney.) tY PTCY, LY uled to 1 with and will YOU MAY STILL BE ABLE TO SAVE YOUR PROPER EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. ~ 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find but the price bid by calling 215-563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate c mpared 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 ut if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the prop y as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) ys after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection ' his office. This schedule will state who will be receiving that money. The money will be paid out in acc rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with a Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED ELO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 i r SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-3995 CIVIL PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION vs. TORRENCE R. QUESENBERRY ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 Parcel No.13-24-0799-149 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $70,993.14 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 r Y LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, Cumberland Co , Pennsylvania, according to a survey thereof prepared by D. P. Raffensperger, Registered Surveyor, dated May 12, 1952, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Cherokee Avenue, a distance of 213.96 feet west of th southwest corner of the intersection of St. John's Church Road and Cherokee Avenue, said point also bein at the dividing line between Lots Nos. 159 and 160 on the hereinafter mentioned Plan of Lots; thence South 2 degrees 42.5 minutes East, a distance of 124.45 feet to a point; thence South 59 degrees 00 minutes West, distance of 60.42 feet to a point at the dividing line between Lots Nos. 160 and 161 on said Plan; thence North 28 degrees 49 minutes West, a distance of 124.20 feet to a point on the southern side of Cherokee Avenue; thence eastwardly along the southern line of Cherokee Avenue, said line being an arc or a curve t the left for a radius of 500 feet, 22 feet to a point; thence continuing along said southern line of Cherokee Avenue, said line being an arc or curve to the left for a radius of 1,250 feet, 30 feet to a point, the place of BEGINNING. BEING Lot No. 160 on Plan of lots known as xeewaydin', recorded in the Office of the Recorder of in and for Cumberland County in Plan Book 4, Pages 42 and 87. TITLE TO SAID PREMISES VESTED IN Torrence R. Quesenberry and Erin M. Quesenberry, by Deed from William T. Wolf, single man, dated 09/13/2002, recorded 09/18/2002 in Book 253, P. 3114. PREMISES BEING: 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806 PARCEL N0.13-24-0799-149 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-3995 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff (s) From TORRENCE R. QUESENBERRY, ERIN M. QUESENBERRY A/K/A ERIN MICHELLE QUESENBERRY (1) You aze 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 aze directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $70,993.14 L.L.: $.50 Interest from 11/15/11 to Date of Sale ($11.67 PER DIEM) - $2,392.35 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $221.00 Other Costs: Plaintiff Paid: Date: 2/14/12 David D. Buell, Prothono (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 s ib ~t~liwlw~isi, f ~w,ar~ snit and tlirsw~~ii!sssfd ~~. TNs...~;~..1hs1 «.C.li. SlM i r . On February 15, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, known and numbered 4021 Cherokee Avenue, Camp Hill, PA 17011 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: February 15, 2012 By: ~ ,. k'~r .. For Claudia Brewbaker, Real Estate Coordinator yn ?saYt V ?:1 '.`eL i '3 1 ~ ,~^ ~ 'lye •y:y,,9~ ~' ('1 ._l~ f.~aL ,Fa +fi-.J ~3 1'"+atU,.i tai..? ~ yf~ i ', - -... ~~'v .. Writ lfo. ZO11-3995 Civil Term PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation vs. Torrence R. Queaenberry, Erin M. Quesarberry a/k/a Erin Michelle Quesenberry Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 11-3995 CIVIL, PHH MORT- GAGE CORPORATION, f/k/a CEN- DANT MORTGAGE CORPORATION vs. TORRENCE R. QUESENBERRY, ERIN M. QUESENBERRY a/k/a ERIN MICHELLE QUESENBERRY, owner(s) of property situate in the TOWNSHIP OFLOWERALLEN, Cum- berland County, Pennsylvania, being 4021 CHEROKEE AVENUE, CAMP HILL, PA 17011-7806. Parcel No. 13-24-0799-149. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $70,993- .14. PHELAN HALLINAN 8s SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County anc State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Lai Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesa was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularl; issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, ____ 27, May 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Law Journal, a legal periodical of general circulation, and that he is not interested in the subj matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~,_-.' Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PubNc CARLISLE BOROUGH, CUMBERLAND COUNTY My Commfasion Exptra: Apr 2$, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify the Sheriff's Deed in which PHH Mortgage Corp F/K/A Cendant Mortgage Corp is the grantee the having been sold to said grantee on the 6 day of June A.D., 2012, under and by virtue of a writ Execution issued on the 14 day of February, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 3995, at the suit of PHH Mortga~rp F/K/A Cendant Mortga~?e Corp against Torrence r. Ouesenberrv and Erin M. Ouesenberry A/K/A Erin Michlle 4uesenberry is duly recorded as Instrument Number 201225346. IN TESTIMONY WHEREOF, I have hereunto set r and seal of said office this ~l A.D. O o ~, [`~ hand of ~~ Recorder of eed ~ M la 6p~w~~M1oiMY~-d ~1 ~ _ The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 c~he ~latriot-News Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and exisgty g u\IJnyder the laws of the Commonwealth of Pennsylvania, withmberla dpStat lI of PenPsylva~ia, owner and publisher of The Patriot-News an~dlThe Sunday Township of Hampden, County of Cu Patriot-News newspapers of gene nd The ISul~daprPatriot New bwere est blooedaMarcDr4th,11854, and Septembea18th,e1949, aforesaid; that The Patriot News a Y 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/ Community Weekly ediof said hlrintedp oti e or dvertis n(g) and/ that alb/ olf the allegations of this statement as Company is interested in the subject matt P to the time, place and character of publication are true; and That she has personal knowledgd b fvirtue and pursuandt to a resolut ont unanimously passedradnd adoptedhseveaaely by the behalf of The Patriot-News Co. aforesal y stockholders and board of directors of thce Ilaneo~ Book M~ Volumeu14tlPage 317 rded in the office for the Recording of Dee s in and for said County of Dauphin in Mls This ad ran on the date(s) shown below: 4011 ~ Tirtn 04!27112 M~ anent 05!04112 VS n 05/11112 Tom Aity' sah~ \'` By virtue of a Writ oI Ezaartion NO. 11-3995CIVII-pHHMOKTGAGE ` y 2012 A.D. cpttpOttATtoN>FIK/A~ANT Sworn to atld<"subscribed efore me this 22,e1'a~ May, MOIrTGAGE CORPORATION - TORRENCE R QUESENBERRY _ _ . ` -~ ~ _ __ j '" t . ERIN M. QUESENBERR~r AJKIA ER1N Notary Public ~gr~Fi i F. QUESENBERRY owner(s) of property situate in the TOWNSFIIP OF LOWER ALLEN, . Cilmber>a~C09°tY~~D1~"h"dn'a'bet°g COMMONWEAaTH OF PENNSYLVANIA (Municipality) 1 CI~ROKEE AVENUE, CAMP NoCbri81 .^7eal PA 17011-7806Parcei No. 13-1A- Sherrie L. Qwsns, Notary Public 07 149 Lower PaMOn Twp., vauphln County ~ eage or street address) My Comm~seion [`.Jt Ir@ Nov. Z6, 2015 ~ ementS thereon: RESIDENTIAL MEMBER, PENNSYLVANf4 $bCIAj't~N OF NOTARIES DG AMOLINP. 570,993.14