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Home My WebLink About99-00119 .$J W -j JI II &: i { <...: ~1 Ji cr - - I 0- CT -2. _ ;.-0 >- C' C;:) ;~: u-,C' (:'- - f;= ' (5' 11;: ~l rr:l' I f ~ I, e.; -- "__1 ((1 0) t....) E;i;ILO ~~lZ1lO6 ::>U1'f8UOlleuJo81UI91.rNU!Ol90-l:ZZ-coll els.II'o'j<:Juoos""Q 'l'l1'~3131\flS-l': ~ ~~\" -.0 \' \ n .., ::r- \ " .. .r II>. I 1 ~ ~ ;::\ " ,- ~ " Q~ ~ ~ -,j l u~ , \ l ~ <uN ~ ~* a ~ ~ ~ 2~ lii<l. ~ U.ri :iOC..c: a: 0 c: (.1.0 wQ)<1lCi3O o <-\,0- "O~ w' 0 t'J . u..~~:C~ <l.U) . FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 MELLON MORTGAGE COMPANY 3100 TRAVIS STREET HOUSTON, TX 77006 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. qq - 1/ '1 ~ -r.L----- v. CUMBERLAND COUNTY ROBERT L. ERB SONDRA K. ERB 108 SHOLLY DRIVE MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1. Plaintiff is MELLON MORTGAGE COMPANY 3100 TRAVIS STREET HOUSTON, TX 77006 2. The name(s) and last known addressees) of the Defendant(s) are ROBERT L. ERB SONDRA K. ERB 108 SHOLLY DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/29/91 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HART MORTGAGE CORP. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1010, Page 277. By Assignment of Mortgage dated 4/29/91 the mortgage was assigned to THE HUNTINGTON MORTGAGE COMPANY which Assignment is recorded in Assignment of Mortgage Book No. 396, Page 1185. By Assignment of Mortgage dated 6/2/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 504, Page 158. 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 1/1/97 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. , 6. The following amounts are due on the mortgage: Principal Balance Interest 12/1/96 through 12/1/98 (Per Diem $27.07) Attorney's Fees Cumulative Late Charges 4/29/91 to 12/1/98 Cost of suit and Title Search $97,444.42 19,761.10 4,872.00 1,084.05 550.00 Subtotal 123,711. 57 Escrow Credit Deficit 0.00 3.772.08 Subtotal 3.772.08 TOTAL $127,483.65 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. S 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $127,483.65, together with interest from 12/1/98 at the rate of $27.07 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ?~ 1-~ Isl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff / . . ..."' JU. 2S . 95 1~: 44 FR MELLON-FC713-:>24-7563713 524 7563 TO FEDERMAN/PHELAN : "'\ .... 00 ...~ ..:~ .. ... "'. ...";,a.. . .... ,I.., ..... .... .... ", P.l6/27 .' 0... J ,-,' EXHIBIT A / :l ., " ',' " Upp.r Alr.n To~n.hip, lIore fully 'bounded, " Atr. THAT CEIITAIlII tract of hnd sH"at'. in Cu.berl.nd CQunty,' penn.:aylv.nla, being lilllted ~nd de.cribed a. follow.. to vit. ae:CINNINC ot 0 point. .old pelnt bein9 on the vestern line of a 50-fooe riqht-of-woy for Sholly Drive. at the divi.ion line betWeen Lot. 26 end 27: thence alenq said Let 26 Nerth .iqhty-t~o (82) de9re.. thirty (30) lIinutes ,..st, a distAnce of tvo hUndred three and tventy-.even hundredth~ (203.27) feet te . point at Let 63 en the plan of Specious Acreal thence ..lenq said Lot 63 and r.ot 6~ on the Plan of Spacieus Acres Nprth fifty-four (54) dog.:... n!.net..n (19) IIlnutes thirty-five (.3Sl lI.cond~ Bast .a dietance of 3evanty-thra. and (eurt.en hundredths (73.14) ,aatlto a pointl thance along sai~ tot 64 ~~rth thirty-rour (341 degr .s eighteen (181 minute. forty, (40) .econds East a distance ot fifty-.1:I: and s1:l: hundradths (~8.06) r..t to a point at Lot ~B: tllence alon9 sdd toot 28 South e!sty-e!ght (6U) degr!'es fifty-eIght (~8) lIinutes fifty-thra.. (53) seCOnds Sast a distence oC one hnndre~ thirty-five and thirty-tvo hvndredth. (13~.~21 f.et to a poiot on the western line of a SO-foot ri9ht-of-~aY 'or Sholly Drive: thenca along said dght-of-"ay by a curve to Eh" left having en arc distance of flty-eig"t and lnety-n,ne hundred!:h. (58.99) het and .. radius of tvo hundred Hfty (2.50) feet to .. 'polntl thence along Sa~. seuth seven (07) da9ree~ thirty (30) ..lnutes WaSI:.. dhtonce of ten and ne "undretns (10.00) feet te .. point, the place ef BBGINNINC. COMTAt~tNG 13,979 square faet. I SBIHG ~ot 27 en the plan of Bdgewood, which ..id plan is recerded : in the Office ef the Recorder of Ceeds in and fer C:WIlberland County, penn:sylv.ni.. ill Pl~n Book 046, P8'ie 1J,6, Nov.mbe~ '21.. 1984. ~ i PREMISES. 108 SHOLLY DRIVE MECHANICSBURG. PA 17055 -. A ':~ . " ~: ':~ .. i~ '" t \ { , '. VERIFICATION DEBORAH E. SPRITZER hereby states that she is ASSISTANT VICE PRESIDENT of MELLON MORTGAGE COMPANY, mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing civil Action in Mortgage Foreclosure are true and correct to the best of 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. R DATE: 12- 3.>- 'If' .. ..-- '. .....~ . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ______________________________________________________________________________Ilecordero( Deeds in and for said County and Slale do hereby certify tbat the Sheriff's Deed in which __u_Uu_u_u_ Mellon Mtg Co ____________________________________________________________________________________ b the grantee the same having been sold to said grantee on the ________9JJ1___________________________________ day of uu~~::.________u_____________________ A. D,. 19__u~~_, under and by virtue of a wriL___u____u__ ___~::~~!~'?~___uu____uu_____u_u______u_ issued on the ___~.!'.!:_____u__ u u u u u u _____u__ day of ____~!'S'_'L_________u____ A, D" 19_1:l_Q__, out of the Court of Cornman Pleas of said County as of Civil 99 ___________________________u_. .__u______u___u ___________u_________uu_______ Term, 19_ ___u_ 119 - ,Mellon Mtg Co Number ______________, at the SUit of _______________________________________________________________ ___________________________________ againsL~<:J:.::.r:!_~_~J:__~_~.?_r:~::'___~_____________ u _______ is 203 478 duly recorded in Sheriffs Deed Book No, _n_____u__, Page ____________. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office lhis ___z_ii.._ day of __________~-,--------~, D,. ~922---- --------~~-----~------ if" # Recorder of Deeds . /, II~ 01 Deeds, eo"",",1d Cllunlp. CIltlstt, I'll y .....- EIjIira lilt filii"""''' JIll. 2Oll2 .. . . Mellon Mortgage Company -vs- Robert L. Erb and Sondra K, Erb In the Court of Common Pleas of Cumberland County, Pennsylvania No, 99-119 Civil Term Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says on March 31, 1999 at 9:34 o'clock AM,EST, he posted a true copy of real estate Writ Notice Poster and Description in the above entitled action upon the property of Robert L. Erb and Sondra K, Erb located at 108 Sholly Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. Timothy Reitz, Deputy Sheirff, who being duly sworn according to law, says on March 31,1999 at 9:34 o'clock AM, EST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Robert L. Erb by making known unto Jason Bixler Son In Law at 108 Sholly Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of tile same, Timothy Reitz, Deputy Sheriff who being duly sworn according to law, says on March 31,1999 at 9:34 o'clock AM, EST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the wihtin named defendants to wit: Sondra K, Erb by making known unto Jason Bixler Son In Law at 108 Sholly Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same, R, Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action by regular mail to one of the within named defendants to wit: Robert L. Erb to his last known address 108 Sholly Drive, Mechanicsburg, Pennsylvania. This letter was mailed under the date of April 1, 1999 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency ofthe action by regular mail to one of the within named defendants to wit: Sondra K. Erb to her last known address 108 Sholly Drive, Mechanicbsurg, Pennsylvania, This letter was mailed under the date of April I, 1999 and never returned to the Sheriff's Office, R: Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania on June 9,1999 at 10:00 o'clock AM. EDST, and sold the same for the sum of$ 1.00 to Attorney Daniel Schmeig for Mellon Mortgage Company, its successors and assigns, It being the highest bid and best price received for the same Mellon Mortgage Company, 3100 Travis Street, Houston Texas77006, being the buyer in tllis execution paid to SheriffR. Thomas Kline the sum of$ 859.98 it being Sheriffs Costs. Sheriff's Costs: Docketing Poundage 30,00 16,87 J; ; . Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed Sworn and Subscribed To Before Me This lIt:.:; Day of ()ui~ 1999,A.D, CfJ:' 0 Jiuu;.d,~Pf- .. thonotary 15.00 15,00 30,00 10.00 ..50 1.00 7.44 1.54 15,00 24,00 286,25 333.38 22,50 25,00 26..50 $ 859,98 Pd by atty 6-28-99 So ans,;;~:/ r-~,,~~~~ R, Thomas Kline, Sheriff By 4-1::.. ..' ~ Real Estate Deputy ~1r" J\> . OL<4. ' 3'" (\T p-U Oe.. :l S' J I. 1 &.",/:LIO . ) .,' ~ ~. . . ,~. MELLON MORTGAGE COMPANY : CUMBERLAND COUNTY . COURT OF COMMON PLEAS . . CIVIL DIVISION VB. : ROBERT L. ERB SONDRA X. ERB : NO. 99-119 CIV:IL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 11 MELLON MORTGAGE COMPANY , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the praecipe for the writ of Execution was filed the following information concerning the real property located at 108 SHOLLY DRIVE. MECHANICSBURG. PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) ROBERT L. ERB 108 SHOLLY DRIVE MECHANICSBURG. PA 17055 SONDRA X. ERB lOB SHOLLY DRIVE MECHANICSBURG. PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) GOODS FURNITURE & CARPET 4205 CARLISLE PIKE MECHANICSBURG. PA 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE . , '\. . . . . ~ 5. Name and address of every' other person who has any record lien on the property": NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) CUMBERLAND COUNTY DOMESTIC RELATIONS DEPARTMENT CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SOUARE CARLILSE. PA 17013 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) TENANT I OCCUPANT 108 SHOLLY DRIVE MECHANICSBURG. PA 17055 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 l8 Pa. C.S. Sec. 4904 relating ::b:::::r:5~a::::ication to authoriti~~ ~ybLc~~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '~. .' ; . MELLON MORTGAGE COMPANY . CUMBERLAND COUNTY COURT OF COMMON PLEAS : VB. : CIVIL DIVISION ROBERT L. ERB SONDRA K. ERB . . . . NO. 99-119 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY February 25, 1999 TO: ROBERT L. ERB SONDRA K. ERB 108 SHOLLY DRIVE MECHANICSBURG, PA 17055 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. Your house (real estate) at 108 SHOLLY DRIVE. MECHANICSBURG. PA 17055, is scheduled to be sold at the Sheriff's Sale on JUNE 9. 1999 at 10:00 a.m. in the Cumberland county Courthouse, South Hanover Street, CarliSle, PA 17013, to enforce the court judgment of $129.811.67 obtained by MELLON MORTGAGE COMPANY (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action. l. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition aSking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. "',. . . , . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (see notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. be sold calling If the Sheriff's Sale to the highest bidder. (2151 563 7000. is not stopped, your property will You may find out the price bid by 2. sale if of your You may be able to petition the Court to set aside the the bid price was grossly inadequate compared to the value property. 3. The sale will go through only Sheriff the full amount due in the sale. happened, you may call (215) 563-7000. if the buyer pays the To find out if this has 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on 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 (lO) days after 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE Cumber1and County Courthouse CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ',- , " . , -r- DESCRIPTION ALL THAT CERTAIN tract of land, SITUATE in Upper Allen Township, Cumberland County, Pennsylvania being more fully bounded, limited and described as follows, to wit: BEGINNING at a point, said point being on the Western line of a 50 foot right of way for Sholly Drive at the division line between Lots 16 and 27; thence along said Lot 26 North Eighty-two (82) degrees, Thirty (30) minutes West a distance of Two hundred Three and Twenty-seven hundredths' (203,27) feet co a point at Lot 63 on the Plan of Spacious Acres; thence along said Lot 63 and Lot 64 on the Plan of Spacious Acres North Fifty-four (54) degrees, Nineteen (19) minutes, Thirty-five (35) seconds East a distance of Seventy-four and Fourteen hundredths (73,14) feet to a point; thence along said Lot 64 North Thirty-four (34) degrees, (18) minutes, Forty (40) seconds East a distance of Fifty-si.x and Six hundredths (56,06) feet to a point at Lot 28; thence along said Lot 28 South Sixty-eight (68) degrees, Fifty-eight (58) minutes, Fifty-three (53) seconds East a distance of One hundred Thirty-five and Thirty-two hundredths (135,32) feet to a point on the Western line of a 50 foot right-of-way for Sholly Drive; thence along said right-of-way by a curve to the left having an arc distance of Fifty-eight and Ninety-nine hundredths (58,99) feet and a radius of Two hundred Fifty (250) feet to a point; thence along same South Seven (07) degrees, Thirty (30) minutes West a distance of Ten and No hundredths (10.00) feet to a point, the place of beginning. BEING Lot 27 on the Plan of Edgewood, which said plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 46 page 136, November 21, 1984. TITLE TO SAID PREMISES IS VESTED IN Robert L, Erb and Sondra K. Erb his wife b D d from Charles M. HilIig and Doris E. HiIIig, his wife dated 4/25/91 and recorded 4/29/91 in ~ee~e Book B-35 page 904, " , 0 . ." WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 99- 1 19 C1VILltlI..TEEM CIVIL ACTION - LAW TO THE SHERIFF OF C'lrnhPrl "nn COUNTY: To satisfy the debt, interest and costs due Mellon Mortqaqe Canpany 3100 Travis Street, Houston, Texas, 77006 PLAINTIFF(S) from Rooort I.. Fro SOt:ldra K R,...h lnA C::hr"\"~." nr]Ue. Mt:""'h~n;,....chn~. P;:t '7()~~ DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell 108 Sholly Drive, Mechanicsburq. Fa. 17055 . . (2) You are also directed to allach the property oi the defendant(s) not levied upon in the possession of ." ..... GARNISHEE(S) as follows: and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 propertyofthe 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/herthal he/she has been added as a garnishee and is enjoined as above stated, Amount Due ~~:;>9 Rll 67 Int. From 2/25/ to sale @$21.32 Interest ? R1 ~ ?R Per D1.em L.L. Ally's Comm Ally Paid Plaintnf Paid % Due Prothy Other Costs !';o ~o 1.00 "R R? Date: ; March 8, 1999 Curtis R. Lonq Prothonotary, Civil Division by: y~"., C nu.et~ REQUESTING PARTY; Deputy Name Frank Fedennan, Esq. Addmss: Two Fenn Center Plaza - Suite 900 Fhiladelnhia. Fa. 19102 Allorney for: Pl"inr; ff Telephone: (:;>1 'i 1 563-7000 Supreme Court ID No, 12248 TRU COpy FROM RECORD In TU:.timoll . .urRal, Imru unto set my hand and the :zil ot ~,,' ...curt at Carlisle. Pa. Thi "0.'/ o. . 19 Prothonotary ... . ..-. REAL ESTATE SALE No:~G. .. IIn /fYl~ 1, ./ "Ie; 9 the sheriff levied upon the defendant:> int6rest in the real property situated in.1~/.u .4-L~~ J~ Cumbo.land Count;, Pa,. known 2nd numbored as: jo,! Ji#~.~.: 412 ~ ~ ' f" ~ '. 1 t:. .. :-;. "A" f'l -' '. '4=" A_>.- ''1/illl'J. more tJli\-" l.IeSCrl:XI:" Gn ~'mmH h2u Wli'i1 this writ and by this reference inco.por:atcd hOTeln. ,....;~9. IW ~~l.# \\...~,," I. \ ". ", " .' .,.' ,.'.. ,,\ ,. . C., \,~l"lf ~ p tl\\ '. .::..: ;,;,:is ~.._ ":'u .;....:,..0 ~ ~ ~ ~ 6V ~ ~ -.. - ~ .~ ,':" FEDERMAN and PHELAN By: FRANK FEDERMAN Identirication No. 12248 suite 900 Two Penn Center P1aza Phi1ade1phia, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTXFF MELLON MORTGAGE COMPANY . . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . . . VB. . . ROBERT L. ERB SONDRA K. ERB : NO. 99-119 CIVIL TERM CERTIFICATION FRANK attorney for the the premises are because it is: FEDERMAN, ESQUIRE, hereby verifies that he is Plaintiff in the above-captioned matter, and that not subject to the provisions of Act 91 ( ( ( an FHA mortgage non-owner occupied vacant (xx) Act 91 procedures have been fulfilled This certification is made sUbject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~).t Mh\c-/~ FRAN FEDERMAN, ESQUIRE Attorney for Plaintiff >- n; is ftJ(.".:) ():. ~ "':":"'c--" f1- ~- c~;:.:::.. 'T'p 0,,1._ ~€.}. -, a:~,L: r:= 1./_ o - r- ~ :s~ (~-~'-. O~ ~ 9;:::; ~-~f.;5 ii}~ 21UJ ':; G.. 3 u - -~ "- co I ~ :..5 - C'I c, \ 'J FEDERMAN AND PHELAN By: FRANK FEDERMAN Identirication No. 12248 Two Penn Center Plaza - suite Philadelphia, PA 19102 (215) 563-7000 900 Attorney ror Plaintirr MELLON MORTGAGE COMPANY . . CUMBERLAND COUNTY 3100 TRAVIS STREET HOUSTON, TX 77006 : COURT OF COMMON PLEAS vs. : CIVIL DIVISION ROBERT L. ERB SONDRA It. ERB 108 SHOLLY DRIVE MECHANICSBURG, PA 17055 . . : NO. 99-119 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ROBERT L. ERB AND SONDRA K. ERB. 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 Interest - 12/1/98-2/24/99 TOTAL $127,483.65 2.328.02 $129,811.67/ I hereby certify that (l) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attaCh. ed~ ' ~ I~~ ~& 'rw~~ FRA FEDERMAN, ESQUIRE Attorney for Plaintiff DATE: )h~ f /911 , INDICATED. , rr,,, "i ,p L.1 ,,_ ' ',/ . DAMAGES ARE HEREBY ASSESSED AS PRO PROTHY' ., , ",,-.. ,,,-' .{ 1~ ~ '- ~ '" '" '~ ~ , "1 j~ I , i ~ r I { ; FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. l2248 Two Penn Center Plaza suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF MELLON MORTGAGE COMPANY : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. : CUMBERLAND COUNTY ROBERT L. ERB SONDRA K. ERB NO. 99-119 CIVIL TERM Defendant(s) TO: ROBERT L. ERB 108 SHOLLY DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: FEBRUARY 4. 1999 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~ . .1 FEDERMAN AND PHELAN Frank Federman, Esquire .~dentification No. 12248 Two Penn Center Plaza suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 MELLON MORTGAGE COMPANY COURT OF COMMON PLEAS ATTORNEY FOR PLAINTIFF Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY ROBERT L. ERB SONDRA K. ERB NO. 99-119 CIVIL TERM Defendant(s) TO: SONORA K.ERB 108 SHOLLY DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE. FEBRUARY 4. 1999 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND,SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 , (717) 249-3166 /" <~.~v ,; '~, '..;~;"'. .i\> . '~. n ,('. ""1 ~~...' ;;' . " ... (.. . .. 'If I' ~ ..." , .',/ >- U') ?:: 0:; c ~ 7: -1...- UJQ >~~) , <..)..,~ -' ~~ --(.' l..J__,__ Cl- ,'---,'-j '.I..- -'- <1)C r 0::> :":':'...'2 DC... I __J ",,'. UJ~ f.c:.;< :::~111_' c"" 1!I!U LL.T .,:::... ~p~ r-= ~ - ::; lJ._ en 0 en <:.) , ., r . (Rule or civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF ,CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MELLON MORTGAGE COMPANY ) ) NO. 99-119 CIVIL TERM Plaintiff vs. ROBERT L. ERB SONORA It. ERB Defendants Notice is given that a Judgment in the above-captioned matter has been entered against you on 71c>lt.-uL .f F;tf {J By: ()....u. ~ 0, 771lU--,/ I DEPUTY If you have any qUestiA C~~l~:D:;=~er, F~\J~~EDE~N. ESOUIRE Attorney for Party Filing please contact: Two Penn Center Plaza, suite 900 Philadelphia, PA 19102 (215) 563-7000 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. -' . FEDERMAN AND PHELAN Two Penn Center Plaza suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 Telecopier #: (215) 563-5534 June 7, 1999 Office of the Prothonotary Cumberland County Courthouse South Hanover Street Carlisle, PA 17013 RE: MELLON MORTGAGE COMPANY . . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . . VS. : ROBERT L. ERB SONDRA K. ERB NO. 99-119 CIVIL TERM RE: AMENDED AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 Dear Sir, Enclosed please find the following: xx Affidavit of service pursuant to rule 3129 with attachments. Please return a time-stamped copy in the self-addressed stamped envelope that has been provided for your convenience. you for your cooperation. and Phelan CC: Sheriff's Office of Cumberland County .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION RE: MELLON MORTGAGE COMPANY ROBERT L. ERB SONDRA K. ERB NO. 99-119 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, FRANK FEDERMAN, ESQUIRE attorney for MELLON MORTGAGE COMPANY hereby verify that on MARCH 4. 1999 true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder, and any known interested party see Exhibit "A" attached hereto, Notice of Sale was sent to the Defendant(s) on MARCH 4. 1999 by first class mail and certified mail, return receipt requested, see Exhibit "B" attached hereto. DEFENDANT(s)' certified mail was returned "UNCLAIMED", see Exhibit "CD attached hereto. C{J~/\D ~W~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE: June 7, 1999 . I . u. . ! .. x " 0 E . ija: 0: :9- :I'. .. 1; ",u. . . & O. lU....'= .. ~O~ '0 ",u. .- . :> ~-- '" .O~ '!1e>:: e 0:. _00 . ;i;"E<Il " 0:_ ~E~ e __0 '" . 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"'- LL. ~' ~ O::::::i '.L..t== 6(~ 7.>- CO "_.~(f) 0:, 52; UJC- I cr:z -Jl,. =>:: LULU i;i.:"," ;::, O'.J(1- f:': -, ~ LL CT\ :;) Q CT\ (J , . ~-~ " . 4 . . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION MELLON MORTGAGE COMPANY : : VS. . ROBERT L. ERB SONORA K. ERB : NO. 99-119 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MELLON MORTGAGE COMPANY , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 108 SHOLLY DRIVE. MECHANICSBURG. PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) ROBERT L. ERB 1D8 SHOLLY DRIVE MECHANICSBURG. PA 17055 SONORA K. ERB 108 SHOLLY DRIVE MECHANICSBURG. PA 17055 2. Name and address of Defendant(s) in the jUdgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) GOODS FURNITURE & CARPET 4205 CARLISLE PIKE MECHANICSBURG. PA 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE ...-'-" ";' 4 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) CUMBERLAND COUNTY DOMESTIC RELATIONS DEPARTMENT CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SOUARE CARLILSE. PA 17013 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) TENANT/OCCUPANT 108 SHOLLY DRIVE MECHANICSBURG. PA 17055 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 l8 Pa. C.S. Sec. 4904 relating ::.:::::r:,:a::::ication to authoriti~,~^ ~1Lc'1-/JV'- DATE FRANK EDERMAN, ESQUIRE Attorney for Plaintiff 6= :<< f-'_ U.I~J C.) ..:;.." .q:~~.! (0)[": T (-... Gr': LL:t.:.L fI! ~.~. 1=--= "'- , . ' /. c5 c, E;; ~')-<C ~.?~ '-.....i :~;~ :)23 ~5{2 i}j(?: :...:;d: '5 CJ u: c:> , c= ;5 - 0, c~ FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF MELLON MORTGAGE COMPANY : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . . . . VB. . . ROBERT L. ERB SONDRA K. ERB . . NO. 99-119 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBERT L. ERB is over 18 years of age and resides at 108 SHOLLY DRIVE, MECHANICSBURG, PA 17055. (c) that defendant SONDRA K. ERB is over 18 years of age, and resides at 108 SHOLLY DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Q\Jv\J^-. ~~&W\\;,,~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff >- n-; ~ wO C) ;-~: R-= !~~~ 01-::' ..L0 t:af-,'.: -J- CC :1:: .., <5 0\ c:: ?;: .7 ::5 C);?: C).J"-':: /~: ;-"::]2 ;jj UJ .....:_ Cl... :5 (.) -- ct: co I n- ..-i. ;;C C"> ~ .r , SHERIFF'S RETURN - REGULAR CASE NO, 1999-00119 P COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND MELLON MORTGAGE COMPANY VS. ERB ROBERT L ET AL DAWN KELL . Sheriff or Deputy Sheriff of CUMBERLAND County. Pennsylvania. who being duly sworn according to law. says. the within NOTICE AND COMPLAINT IN was served upon ERB ROBERT L the defendant. at 10:32 HOURS. on the 11th day of January 1999 at 108 SHOLLY DRIVE MECHANICSBURG. PA 17055 . CUMBERLAND County. Pennsylvania, by handing to KELLY ERB <DAUGHTER) a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. . Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.82 .00 8.00 So answe~~/" ~" // t r:::r~---1'~ H. omas Kl1ne. ~her1~I $32.82 FEDERMAN & 01/12/1999 by PHELAN g~~y~her~ ",' ", Sworn and;~ubscribe~to.be:ore this ),2- tl? day Of~'~ c. 19 q9 tA~ D.. ' ;:: r;:J;;1L- Q. ?t~ ,{ ~ -~_, t"ro honotary ",' " me "'0"""" 4'.' ~ SHERIFF'S RETURN - REGULAR CASE NO: 1999-00119 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLON MORTGAGE COMPANY VS. ERB ROBERT L ET AL DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says. the within NOTICE AND COMPLAINT IN was served upon ERB SONDRA K the defendant. at 10:32 HOURS, on the 11th day of January 1999 at 108 SHOLLY DRIVE MECHANICSBURG, PA 17055 ,CUMBERLAND County. Pennsylvania, by handing to KELLY ERB (DAUGHTER) a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. . Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 8.00 $14.00 So answerS: '/~ ~ r~~~ H. Inomas Kl1ne, 5 er1 ~ r'EDERMAN & PHELAN 01/12/1999 by C0~y ~h~n~ Sworn ~,nd sUbscrib4 to before /.';;L~ , this . - day 0 ','<<-<-<.<0, 19 'i'Cti A.D. ~ en . .0 Jz'td~ F " Ofl"?!i- y/.L- t'rotnonotar-y'"7 me ....... ",- .,,- " PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MELLON MORTGAGE COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. NO. ... ";-}.}'. ElYH,. J~. TERM. 19..... ROBERT L. ERB SONDRA K. ERB PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) To the Director of the Office of: Xssue writ of Execution in the above matter: Amount Due $. n'l..8.lhfi7...... Interest from 2/25/99 TO SALE $. . . ~..8.l~:~8. . . . . . @ $21.32 PER DIEM (+ costs) . . . . 6~~\~~. . ~~&0\f'.~ Attorney for Plaintiff(s) Note: Please attach description of property. . ., ~ . . . Q Q Q . . . Dol 0< .... I>. 00< Z '- ... ... ... H 0 . tQ ... ... ... :l~ H ,- Eo<- '1>. ~ ~ ~ I>l> CI>l '1>. S S S ~~ tJCII . H a.. a.. a.. ...>< DolC {Eo< . . . l:lI XtQ 'Z Eo< E-< Eo< ~~ DolO . H ~ .0< ~~ I I>.tJ 1=~ o Dol 0 CII ~:CII t) ~ Eo< 0 ~ >< . HI>. .0 ""Eo< '" ~Ilol . "" OZ I> , C ~ ell .>< ...:l Eo< 0 ee ClIO< ~~ CIItJ o ell H C' . , ""Eo< . CII I> tl H 0&:1 CII <' 0 u tJ~ i . . DolO ...:l00l ...IE: c= .e.. ~'Eo< '" 1lQ~ ~ ~':l H- . 0< .... .... =11: tJ . I E-<Ilol =!i Ilol ~ '" III 0< '" :Z:lE: ~g II: HC ... .. tJ Q Ilol . . , ~ 0 0 0 H (") Z :z: z "" \D 0 C 1.0 "- -n ""U IT) ..".. ~ :;;: ,1ipn CPr;-) ::.0 -.::::.) v;.,-~ I 0rn <:0 -:10 -<::>.: O~ r::CJ ~ -< , -~ ,-'i <'~n ..:::;:D .,~(-) "-0 p- Orn ~; ~ ::::> 'P! ::0 '0 -< " , . I 1-.-' .... DESCRIPTION ALL THAT CERTAIN tract of land, SITUATE in Upper Allen Township, Cumberland County, Pennsylvania being more fully bounded, limited and described as follows, to wit: BEGINNING at a point, said point being on the Western line of a 50 foot right of way for Sholly Drive at the division line between Lots 16 and 27; thence along said Lot 26 North Eighty-two (82) degrees, Thirty (30) minutes West a distance of Two hundred Three and Twenty-seven hundredths' (203,27) feet [0 a point at Lot 63 on the Plan of Spacious Acres; thence along said Lot 63 and Lot 64 on the Plan of Spacious Acres North Fifty-four (54) degrees, Nineteen (19) minutes, Thirty-five (35) seconds East a distance of Seventy-four and Fourteen hundredths (73,14) feet to a point; thence along sald Lot 64 North Thirty-four (34) degrees, (18) minutes, Forty (40) seconds East a distance of Fifty-sb: and Six hundredths (56,06) feet to a point at Lot 28; thence along said Lot 28 South Sixty-eight (68) degrees, Fifty-eight (58) minutes, Fifty-three (53) seconds East a distance of One hundred Thirty-five and Thirty-two hundredths (135.32) feet to a point on the Western line of a 50 foot right-of-way for Sholly Drive; thence along sald right-of-way by a curve to the left having an arc distance of Fifty-eight and Ninety-nine hundredths (58,99) feet and a radius of Two hundred Fifty (250) feet [0 a point; thence along same South Seven (07) degrees, Thirty (30) minutes West a distance of Ten and No hundredths (10,00) feet to a point, the place of beginning, BEING Lot 27 on the Plan of Edgewood, which said plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 46 page 136, November 21, 1984, TITLE TO SAID PREMISES IS VESTED IN Robert L. Erb and Sondra K, Erb his wife by D d from Charles M, Hillig and Doris E, Hillig, his wife dated 4/25/91 and recorded 4/29/91 in Dee~e Book B-35 page 904, ~ r >,<: t' t- "l t-. r-- . ~~ 5 p e, ...) " V) ,,; c.. 0 .0 ... :l '-i '" '" .. ;:,. ~ "1 ... '" . '" \;, l --.: . , ~ ~ ~ ~\ ~ ~ ~~ lU s.~ CY. G: (T~ r5c,' ,8 Dc..: UJ(.:- o:!::;-! ~ u_ o a: ~ /" ~.:"5 (-'jS c:)~ -~ ,~~ i~~ ~;J S-1 n.. 0<""."'" ::5 u 0' CO C:, I ,= :~ ~ en 0' ~ ~ --.. MELLON MORTGAGE COMPANY . . CUMBERLAND COUNTY COURT OF COMMON PLEAS : VB. : CIVIL DIVISION ROBERT L. ERB SONDRA It. ERB . . : NO. 99-119 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY February 25, 1999 TO: ROBERT L. ERB SONDRA It. ERB 108 SHOLLY DRIVE MECHANICSBURG, PA 17055 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. Your house (real estate) at lOB SHOLLY DRIVE. MECHANICSBURG. PA 17055, is scheduled to be sold at the Sheriff's Sale on JUNE 9. 1999 at 10:00 a.m. in the Cumberland county Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129.811.67 obtained by MELLON MORTGAGE COMPANY (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: l. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. " You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1- be sold calling If the Sheriff's Sale to the highest bidder. (215\ 563-7000. is not stopped, your property will You may find out the price bid by 2. sale if of your You may be able to petition the Court to set aside the the bid price was grossly inadequate compared to the value 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 schedule of distribution of the money bid for your house will be filed by the Sheriff on 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 (lO) days after 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. YOU DO NOT THE OFFICE CUMBERLAND COUNTY ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE Cumber~and County Courthouse CARLISLE, PA 17013 (717) 249-3166 . (800) 990-9108 , -. .. ) .... DESCRIPTION ALL THAT' CERTAIN tract of land, SITUATE in Upper Allen Township, Cumberland County, PeIUlSylvania being more fully bounded, limited and described as follows, to wit: BEGINNING at a point, said point being on the Western line of a 50 foot right of way for Sholly Drive at the division line between Lots 16 and 27; thence along said Lot 26 North Eighty-two (82) degrees, Thirty (30) minutes West a distance of Two hundred Three and Twenty-seven hundredths' (203,27) feet to a point at Lot 63 on the Plan of Spacious Acres; thence along said Lot 63 and Lot 64 on the Plan of Spacious Acres North Fifty-four (54) degrees, Nineteen (19) minutes, Thirty-five (35) seconds East a distance of Seventy-four and Founeen hundredths (73.14) feet to a point; thence along said Lot 64 North Thirty-four (34) degrees, (18) minutes, Forty (40) seconds East a distance of Fifty-six and SL"{ hundredths (56,06) feet to a point at Lot 28; thence along said Lot 28 South Sixty-eight (68) degrees. Fifty-eight (58) minutes, Fifty-three (53) seconds East a distance of One hundred Thirty-five and Thirty-two hundredths (135,32) feet to a point on the Western line of a 50 foot right-of-way for Sholly Drive; thence along said right-of-way by a curve to the left having an arc distance of Fifty-eight and Ninety-nine hundredths (58,99) feet and a radius of Two hundred Fifty (250) feet to a point; thence along same South Seven (07) degrees, Thirty (30) minutes West a distance of Ten and No hundredths (10,00) feet to a point, the place of beginning, BEING Lot 27 on the Plan of Edgewood, which said plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, PeIUlSylvania in Plan Book 46 page 136, November 21, 1984. TITLE TO SAID P~MISES IS, VES~D IN Robert L. Erb and Sondra K. Erb, his wife by Deed from Charles M. Hilhg and Dons E, HIllig, his wife dated 4/25/91 and recorded 4/29/91 in Deed Book B-35 page 904, >- a:; ;S UJS~ ii~~~! 9"" a~': Wf;{,: fi~J! -,. 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