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HomeMy WebLinkAbout11-6837PHELAN HALLINAN & SCHMIEG, LLP FILED-OFFICE Attorney for Plaintiff Robert W. Cusick, Esq., Id. No.80193 -F PROTHONOTARY 1617 JFK Boulevard, Suite 1400 THE One Penn Center Plaza 1012 JAN 13 AM 10. 11 Philadelphia, P.A 19103 215-563-7000 CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION CUMBERLAND COUNTY VS. DENISE L. KURR, IN HER CAPACITY COURT OF COMMON PLEAS AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. CIVIL DIVISION MARCONI, JR A/KA EUGENE L. MARCONI No. 11-6837-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DENISE L. KURR, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/KA EUGENE L. MARCONI, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $75,421.56 $75,421.56 I hereby certify that (1) the Defendant's last known addresses are 240 A STREET, CARLISLE, PA 17013-1812 and 626 GUTSHALL ROAD, BOILING SPRINGS, PA 17007, and (2) that notice has been given in accordance with Rule Pa.R.C 7.1. Date / o ert W. Cusick, Esquire Attorney for Plaintiff aM{ al(?, Sd lly &/(o DAMAGES ARE HEREBY ASSESSED AS INDICATED. C (09 1 9 o ce p6W DATE: k - Vol PHS # 273640 PROTHONOTARY CC: ANTHONY L. DELUCA, ESQUIRE P.O. BOX 358 BOILING SPRINGS, PA 17007 273640 PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION VS. DENISE L. KURR, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/KA EUGENE L. MARCONI : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-6837-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that Plaintiff is without information sufficient to determine whether the defendant(s) DENISE L. KURR, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/KA EUGENE L. MARCONI is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DENISE L. KURR, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/KA EUGENE L. MARCONI is over 18 years of age and resides at 240 A STREET, CARLISLE, PA 17013-1812 and 626 GUTSHALL ROAD, BOILING SPRINGS, PA 17007. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date /W7.1- 4RobeW.usick, Esquire Attorney for Plaintiff 273640 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION VS. DENISE L. KURR, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/KA EUGENE L. MARCONI CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-6837-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 3 1a- By: If you have any questions concerning this matter please contact: Robert W. Cusick, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 11-6837-CIVIL DENISE L. KURR, IN HER CAPACITY AS CUMBERLAND COUNTY EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/KA EUGENE L. MARCONI Defendant(s) TO: THE ESTATE OF EUGENE L. MARCONI, JR A/K/A EUGENE L. MARCONI C/O ANTHONY L. DELUCA, ESQ. P.O. BOX 358 BOILING SPRINGS, PA 17007 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 273640 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: ick, Esquire Attomey or Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 273640 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 11-6837-CIVIL DENISE L. KURR, IN HER CAPACITY AS ' CUMBERLAND COUNTY EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/KA EUGENE L. MARCONI Defendant(s) TO: DENISE L. KURR, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR AIKA EUGENE L. MARCONI 240 A STREET CARLISLE, PA 17013-1812 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE -CONSTRUED TO BE AN. ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. EAPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU' HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE. IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES PHS # 273640 TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: / ? "I R ick, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 273640 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 11-6837-CIVIL DENISE L. KURR, IN HER CAPACITY AS CUMBERLAND COUNTY EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/KA EUGENE L. MARCONI Defendant(s) TO: DENISE L. KURR, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/KA EUGENE L. MARCONI 626 GUTSHALL ROAD BOILING SPRINGS, PA, 17007 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE. INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. EMWORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED .AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY. OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 273640 Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 B40 W. Cusick, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 273640 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6837 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From DENISE L. KURR, in her capacity as Executrix and Devisee of THE ESTATE OF EUGENE L. MARCONI, JR a/k/a EUGENE L. MARCONI (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 properly 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: $75,421.56 L.L.: $.50 Interest from 1/13/12 to Date of Sale ($12.40 per diem) -- $1,810.40 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $194.50 Other Costs: Plaintiff Paid: Date: 3/1 /12 David D. Buell, Prothonotary (Seal) B : Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA 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 COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-6837-CIVIL DENISE L. KURR IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/K/A EUGENE L. MARCONI Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: N _4 _V -Yj Amount Due $75,421.56 z;0 ;; 0 rT Z7; r- te C:) Interest from 1/13/2012 to Date of Sale $1,810.40 r -- ($12.40 per diem) D 3 • ? -:.. TOTAL 77 1.96 - / 7 Ph allinan & Schmieg, LLP J Michael Kolesnik, Esq., Id. No. Attornev for Plaintiff 308877 Note: Please attach description of property. PHS # 273640 0 4'as.5o P6 A-V I 55-00 car U. oc " IG.So N a. So Iq4. 5o - P6 A1W 4a.a5 &W(20 $ -5o E.L e* 1 IS9a1101(PAUD 0' a-107 ? 12.E Writ cl a w w w w a w c?13 W Y O W G A Hp U WO 7 r ? o w r' p ? x? d? p W o.• ,.a Z, O d? W i j U V ?? 3 nn ? °'? wp W p o? a W Z ply .u a PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff Hallinan & Schmieg, LLP ;Xtichael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff CIVIL DIVISION V DENISE L. KURR IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/K/A EUGENE L. MARCONI Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS NO.: 11-6837-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 authorities. By: rota M. -°i w rn : ' u ? -' - t C_ § 4904 relating to unsworn falsification to PHH MORTGAGE CORPORATION . Plaintiff Ve , DENISE L. KURR IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR AWA EUGENE L. MARCONI . Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-6837-CIVIL CUMBERLAND COUNTY PHS # 273640 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH 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 240 A STREET, CARLISLE, PA 17013-1812. Name and address of Owner(s) or reputed Owner(s): Name DENISE L. KURR IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/K/A EUGENE L. MARCONI 2. 3 4 5 Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) _ Yt 626 GUTSHALL ROAD rn a=•: r BOILING SPRINGS, PA 17007 Z :::o Cu -r, X" CD M C-D 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) BUREAU OF COMPLIANCE BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG, PA 17128-0946 DEPARTMENT 280948 HARRISBURG, PA 17128-0948 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) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 240 A STREET CARLISLE, PA 17013-1812 DENISE L. KURR IN HER CAPACITY AS P.O. BOX 358 EXECUTRIX AND DEVISEE OF THE BOILING SPRINGS, PA 17007 ESTATE OF EUGENE L. MARCONI, JR A/K/A EUGENE L. MARCONI C/O ANTHONY L. DELUCA, ESQUIRE COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPARTMENT 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE TPL P.O. BOX 8486 CASUALTY UNIT ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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: 229/Z By: P n Hallinan & Schmieg, LLP Ofin Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 11-6837-CIVIL DENISE L. KURR IN HER CAPACITY AS EXECUTRIX AND . DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR CUMBERLAND COUNTY A/K/A EUGENE L. MARCONI Defendant(s) tis = -_tl NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DENISE L. KURR IN HER CAPACITY AS -- EXECUTRIX AND DEVISEE OF THE ESTATE r---- C ? `? OF EUGENE L. MARCONI, JR c- _ :--. A/K/A EUGENE L. MARCONI c 626 GUTSHALL ROAD - " BOILING SPRINGS, PA 17007 "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 240 A STREET, CARLISLE, PA 17013-1812 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 $75,421.56 obtained by PHH 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. 11-6837-CIVIL PHH MORTGAGE CORPORATION vs. DENISE L. KURR IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/K/A EUGENE L. MARCONI owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 240 A STREET, CARLISLE, PA 17013-1812 Parcel No. 06-20-1798-189 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $75,421.56 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land with improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of 'A' Street, said point being the northeast corner of Lot 36 according to Plan of Lots hereinafter mentioned, and now or late of Ira Watts; thence eastwardly along said'A' Street Twenty-five (25) feet, more or less, to a point on the line running through the center of the partition wall dividing the double two-story frame dwelling house erected on the lot hereby described and on Lot numbered 34 adjoining on the east, on said plan; thence southwardly through the center of said partition wall, in a straight line One Hundred Fifty (150) feet, more or less, to an alley; thence westwardly by said alley Twenty-five (25) feet, more or less, to the southeast corner of Lot numbered 36 aforesaid; thence northwardly to the southeast corner of Lot numbered 36, One Hundred Fifty (150) feet, more or less, to a point on the south side of 'A' Street, said point being the northeastern corner of said lot now or late of Ira Watts, the Place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Eugene L. Marconi, single man, by Deed from Gregory L. Spriggle, single man and Eugene L. Marconi, single man, dated 05/09/2008, recorded 05/22/2008 in Instrument Number 200817060. And the said Eugene L. Marconi departed this life on 3/8/2011, leaving the property vested in Denise L. Kurr. PREMISES BEING: 240 A STREET, CARLISLE, PA 17013-1812 PARCEL NO. 06-20-1798-189 of ; F: CUM,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County DENISE L. KURR Defendant No.: 11-6837-CIVIL RULE AND NOW, this day of Nt 2012, a Rule is entered upon the Defendant ,FYI to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant 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 COURT J. 273640 Robert W. Cusick, Esq., Id. No.80193 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ANTHONY L. DELUCA, ESQUIRE P.O. BOX 358 BOILING SPRINGS, PA 17007 /DENISE L. KURR 626 GUTSHALL ROAD BOILING SPRINGS, PA 17007 (10p,`e5 tlla,led glalj;L rqz-& /DENISE L. KURR 240 A STREET CARLISLE, PA 17013-1812 273640 273640 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. DENISE L. KURR Defendant CUMBERLAND County No.: 11-6837-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 2, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. ANTHONY L. DELUCA P.O. BOX 358 BOILING SPRINGS, PA 17007 DENISE L. KURR 626 GUTSHALL ROAD BOILING SPRINGS, PA 17007 DENISE L. KURR 490 SAINT JOHNS CHURCH RD CAMP HILL, PA 17011-5753 DATE: DENISE L. KURR 240 A STREET CARLISLE, PA 17013-1812 i ) lam-.) rnGD -T Phelan allinan & g, LLP By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 273640 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY I - E. { [; PHH MORTGAGE CORPORATION i? ?'?, PHS # 273640 DEFENDANT SERVICE TEAM/ 1? 12 APR 10 AM 10' U DENISE L. KURR, in her capacity as Executrix and Devisee of the COURT NO.: 11-6837-CIVIL Estate of EUGENE L. MARCONI, JR A/K/A EUGENE L. MARCONI C U M BE RL A N O COUNT, SERVE DENISE L. KURR, in her capacity as Executrix and Devisee TYPE OF ACTION PENNSYLVANIA of the Estate of EUGENE L. MARCONI, JR A/K/A EUGENE L. XX Notice of Sheriffs Sale MARCONI AT: SALE DATE: June 6, 2012 626 GUTSHALL ROAD BOILING SPRINGS, PA 17007 SERVED Served and made known to DENISE L. KURR, in her capacity as Executrix and Devisee of the Estate of EUGENE L. MARCONI, JR A/K/A EUGENE L. MARCONI, Defendant on the day of ?, 20 L, at 00, o'clock g. M., at 626 G kl-51H??L Qd#D in the manner described below: Defendant personally served. boa-lm, P/is t Pk, _ 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: _ Descri ti on: Age 60 Height X7'6 Weight Race w Sex r Other I, t?3N?20 Ak Q-, 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: 3 C4 NAME: T)AAJJ? ?4D PRINTED NAME: N D /V o U- TITLE: pa?aS3S S&-O-vv, NOT SERVED 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County DENISE L. KURR Defendant No.: 11-6837-CIVIL ORDER AND NOW, this day of 2012, upon consideration of Plaintiffs Motion to Make Rule Absolute, 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 captained 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: Principal Balance $73,618.83 Interest Through June 6, 2012 $5,248.86 Per Diem $10.02 Late Charges $161.70 Legal fees $1,450.00 Cost of Suit and Title $952.00 Property Inspections $101.25 Property Preservation $1,095.00 Escrow to be paid prior to June 6, 2012 $527.61 Escrow Deficit $2,054.62 TOTAL $85,209.87 Plus interest from June 6, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. v1 ??'?lise L. L?urr VINt AIASNN3d Al Nr.00 CNb1839WC ?Ctnct oUS? E? y -t.'ONMICU ]H! tl 51'er, ' G 0 E C RT: J. 273640 PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 'ff i(' I , , ,Attorney for Pla nL ; iJ; tai tL ER AND COUNTY t ENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DENISE L. KURR Defendant(s) CIVIL DIVISION No.: 11-6837-CIVIL 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 hereto xhibit "A" / Me i . Cantwell, Esquire Attorney for Plaintiff Date: J IMPORTANT O ICE: 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 # 273640 b -1 n N w r? o. a n z 0. d ?. b ? Ho o? ? H ?o g• ? oa n m? •v ?z a a N v W O? O Ham' c o_ u o 4 y .O» 3 ? ? O a -. 3. ?e o ? m u? m'OO+ c M U -1 O ? O 0. p n n O O ? N p •. O O o.? and m x C ?. ? y n C y r A W N ? ?' F y x- x• x• x• cn x• x• x- x• x• x• x- ? ?: x• x• x• x• ? co ?! CO IV Y' n N t7 tz t7 n y Z `a >> coo ZZOOc`nyt?Zyt?U9?y° ?, v, w *zC,tT r r Q c m ?oo?'.tiy-]C7dC C?yC1 .W.+ '.> .W+ to w G' J N J N w ?o x cn It N J W A O r?1 r y n OO !f.. w vd'i ? w - o ? o ? 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O .- ro c d_. 1?7Z r ? .-? yex ?°? ,,$ro ?aC ? 7 w C 0 N v7 N trf vi o O ?f V1 z o tit 00 x s C a fY7 -3 CO [? ^? 00 ?+ SO Y at o > ? z? $ n ? ? o< M:z n o C c C? ?Ci'f N y Q? ? C17A AZT' ? ''? A) ?.? < 47 - ? ? ? om ? O 3 'ti ? • O a roy t " S y ? d ? 0 c ter ' a y ? zN c O n?,' it W tv y N ?. a a o o ?' .o x Q o . we °_ =moo o y s v ? ? N r ? N 0. tm ? n ?' _ °o c c w ^S '+ o m o a m ? c °' a x a w, 3 v~oi = n ? ? w o w ? c 3 cn ? . w m ., o. ? n ? w 1 b G O in = w ? ? x > m'? ? ?* ? +a¢w-rt? f c en y 1 __C........... ...._.1_- I? oaz "'pj 0. N ? y `; a 1 0 a ? (D c? CD ?Tj ,6 a 7` w R-1 0 w Y , UQ ?r ° b a N z a ON 0 O? N O N a r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Tfiars, t.+F. A Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor c°-j12 J1,J 16 A 10- ?4 6 C,UMBEUAN PENNSYLVAWA PHH Mortgage Corporation vs. Denise L. Kurr Case Numbi 2011-6837 SHERIFF'S RETURN OF SERVICE 03/23/2012 07:46 PM - Deputy Valerie Weary, being duly sworn according to law, states service was performed b posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled actio , upon the property located at 240 A Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 03/26/2012 07:27 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same imE personally handing a true copy to a person representing themselves to be the Defendant, to wit: Denise L Kurr at 626 Gutshall Road, South Middleton Township, Boiling Springs, PA 17007, Cumberland County. 06/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice h d been given according to law, he exposed the within described premises at public venue or outcry at ti Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10: 0 AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of PHH Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum, of $ SHERIFF COST: $796.54 SO ANSWERS, July 12, 2012 RON R ANDERSON, SHERIFF 1 t PHH MORTGAGE CORPORATION Plaintiff I V. DENISE L. KURR IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/K/A EUGENE L. MARCONI Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-6837-CIVIL CUMBERLAND COU PHS # 273640 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of t Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 240 A STREE CARLISLE, PA 17013-1812. Name and address of Owner(s) or reputed Owner(s): Name 2 3 DENISE L. KURR IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/K/A EUGENE L. MARCONI Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 626 GUTSHALL ROAD BOILING SPRINGS, PA 17007 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 1 Name Address (if address cannot be reasonably ascertained, please indicate) BUREAU OF COMPLIANCE BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG, PA 17128-0946 DEPARTMENT 280948 HARRISBURG, PA 17128-0948 4. Name and address of last. 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) date the ., sold: None. Name and address of every other person who has any record interest in the property and whose interest may be ?_ffected 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 be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 240 A STREET CARLISLE, PA 17013-1812 DENISE L. KURR IN HER CAPACITY AS P.O. BOX 358 EXECUTRIX AND DEVISEE OF THE BOILING SPRINGS, PA 17007 ESTATE OF EUGENE L. MARCONI, JR A/K/A EUGENE L. MARCONI C/O ANTHONY L. DELUCA, ESQUIRE COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPARTMENT 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE TPL P.O. BOX 8486 CASUALTY UNIT ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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: O29/2 By: P n hallinan & Schmieg, LLP Ofin Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff which may penalties PHH MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. DENISE L. KURR IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/K/A EUGENE L. MARCONI NO.: 11-6837-CIVIL : CUMBERLAND COUN' Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DENISE L. KURR IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR A/K/A EUGENE L. MARCONI 626 GUTSHALL ROAD BOILING SPRINGS, PA 17007 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION ( WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANK THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 240 A STREET, CARLISLE, PA 17013-1812 is scheduled to be s Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Carlisle, PA 17013 to enforce the court judgment of $75,421.56 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement 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, cos reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good a 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 have of stopping the sale. (See notice on page two on how to obtain an attorney.) YS YOUR PROPERTY AND YOU HA STAINED UPTCY, NLY at the be and udgment, .use. you will S 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) ays after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection n 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 t e 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 imme4iately 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. 11-6837-CIVIL PHH MORTGAGE CORPORATION vs. DENISE L. KURR IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR AWA EUGENE L. MARCONI owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 240 A STREET, CARLISLE, PA 17013-1812 Parcel No. 06-20-1798-189 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $75,421.56 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land with improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of 'A' Street, said point being the northeast corner of Lot 36 according to Plan of Lots hereinafter mentioned, and now or late of Ira Watts; thence eastwardly along said 'A' Street Twenty-five (25) feet, more or less, to a point on the line runni through the center of the partition wall dividing the double two-story frame dwelling house erected on the lot hereby described and on Lot numbered 34 adjoining on the east, on said plan thence southwardly through the center of said partition wall, in a straight line One Hundred Fif (150) feet, more or less, to an alley; thence westwardly by said alley Twenty-five (25) feet, mo or less, to the southeast corner of Lot numbered 36 aforesaid; thence northwardly to the southe corner of Lot numbered 36, One Hundred Fifty (150) feet, more or less, to a point on the south side of 'A' Street, said point being the northeastern corner of said lot now or late of Ira Watts, t] Place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Eugene L. Marconi, single man, by Deed from Gregory L. Spriggle, single man and Eugene L. Marconi, single man, dated 05/09/2008, re 05/22/2008 in Instrument Number 200817060. And the said Eugene L. Marconi departed this life on 3/8/2011, leaving the property vested in i Denise L. Kurr. PREMISES BEING: 240 A STREET, CARLISLE, PA 17013-1812 PARCEL NO. 06-20-1798-189 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-6837 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From DENISE L. KURR, in her capacity as Executrix and Devisee of THE ESTATE OF EUGENE L. MARCONI, JR a/k/a EUGENE L. MARCONI (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: $75,421.56 L.L.: $.50 Interest from 1/13/12 to Date of Sale ($12.40 per diem) -- $1,810.40 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $194.50 Other Costs: Plaintiff Paid: Date: 3/1 /I 2 ? "egL David D. Buell, Prothonooaryi (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 TRUE COPY FROM REC D 1h Tee tAny whereof. I here unto set twid and to aeal of saki Court at Cmusle. t>t?t.i"ea?r .Ld__ On March 14, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, known and numbered 240 A Street, Carlisle, PA 17013-1812 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: March 14, 2012 By: For Claudia Brewbaker, Real Estate Coordinator ?'S{SF4rP3?xi °.ad.Ts'?? CUMBERLAND LAW JOURNAL Writ No. 2011-6837 Civil Term PHH Mortgage Corporation vs.. Denise L. Kurr in her Capacity as Executrix and Devisee of the Estate of Eugene L. Marconi, JR a/k/a Eugene L. Marconi Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 11-6837-CIVIL PHH MORTGAGE CORPORATION vs. DENISE L. KURR IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF EUGENE L. MARCONI, JR a/k/a EUGENE L. MARCONI, owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being 240 A STREET, CARLISLE, PA 170 13-1812. Parcel No. 06-20-1798-189. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $75,421- .56. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 80 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 Lav 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 11.2012 Affiant further deposes that he is authorized to verify this statement by the Cumberla 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. is Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this C11 Ldoff May, 2012 Notary / NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 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 is the grantee the same having been sold to said grantee on the 6 day of June A.D., 20125 under and by virtue of a writ Execution issued on the 1 daf of , out of the Court of Common Pleas of said County as of Civil Term, 2011 March, A.D., 2011 6387, at the suit of PHH Mortgage Corp against Denise L. of Eugene L Marconi Jr. A/K/A Eugene L. Marconi is duly recorded as Instrument Number 2012? 1096. IN TESTIMONY WHEREOF, I have hereunto set r and 1 of said office this _ A.D. ,?,ZC?2 v hand of orde ecorder o Deeds i R of O nboWd Cormh?, ifk , PA My commis the Frst IAonday o. 20 14 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Zhe Patrl*ot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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 existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949 respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2011-6837CMI Term This ad ran on the date(s) shown below: HH Mortgage Corporation VS 04/27/12 niss L. Kurr In her Capacity as Executrix 05/04/12 and Davis" of the Estate of Eugene L. 05/11/12 Marconi, JR a/k/a Eugene L. Marconi niel Schmie D Att g a y: By virtue of a Writ of Execution NO. 11-6837-CWIL PHH MORTGAGE t CORPORATION Sworn to and subscribed befdre m this 22,day of May, 2012 A.D. vs. DENISE L. KURR IN HER CAPACITY - r AS EXECUTRIX AND DEVISEE OF THIN ESTATE OF EUGENE L. MARCONI, JR A/K/A EUGENE L. Notary Public MARCONI owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being COMMONWEALTH OF PENNSYLVANIA (Municipality) Notarial Seal A STREET, CARLISLE, PA 170 Sherrie L. Owens, Notary Public 3-1812 arcelNo.06-2A-1798-189 Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 gage or street address) MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES mprovements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $75,421.56