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HomeMy WebLinkAbout05-1299 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF v. NO. O~ - JdCf9 C;u;L/t/LYV] CUMBERLAND COUNTY ROBERT 1. ERE SONDRA K. ERE 2 ANDES DRIVE MECHANICSBURG, PA 17055 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 Soutb Bedford Street Carlisle, P A 17013 (800)990-9108 File #: [11301 File #: 111301 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT L. ERB SONDRAK. ERB 2 ANDES DRIVE MECHANICSBURG, P A 17055 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 1010712003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1841, Page: 1227. 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 09/0 1/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and al! interest due thereon are col!ectible forthwith. File#: 111301 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2004 through 03/1012005 (Per Diem $14.95) Attorney's Fees Cumulative Late Charges 10107/2003 to 03110/2005 Cost of Suit and Title Search Subtotal $92,896.19 3,318.90 1,225.00 40.18 $ 550.00 $ 98,030.27 Escrow Credit Deficit Subtotal -260.12 0.00 $- 260.12 TOTAL $ 97,770.15 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 97,770.15, together with interest from 03/10/2005 at the rate of$14.95 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELA~~HMI~Cf,LL~:fr-cP'( By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: I I 1301 . I : ' ~~~HAT CERTAIN lot, parcel or tract of land with improvements thereon ~fected sitq~~e~' ill."gpl?er Allen Township, CUmberland County, Pennsylvania. bounded ~~,q~$Cribedi~.1 ..... fo'll ' t[, . .' -,' 1 I ,,' '.. " ..~ :,~,~L-;-:. ,;'} L: .", "'j' ",;;1" ' '1"'1" ,'I ,,~ ~'\' . . , "m" "'" ". ' ._'. '.' .. ,.1 ,1- ',": . . ':!'; -'4~ j'h: _. -. -!: : I ,~" lING at a point of intersection of the northern line of Andes Drive and the western ..,i m:.",'. .~,., '.~cad. ",'~' Roa. d as $J'lowl1 0.11 plan of Section 2. Mt. Allen Heights: t~.ce along th,:,e, I' , !, " ,jlJne Qf:Cascade Road North Three (3) degrees Twenty-TInee (23) minutes East O~I..I' ',' ~~e(:fTweoty-Nine aO,d Forty-!wo I1l.1l1dredths (129.42) feet to a P?int1 thencei" a w~~W,' dIrection along the so~em line of Lots 2 and 3 on a plan of SectIon 1, Ml Allen H~i '.: ,One HLlndred Nineteen and Thirteen Hund~edths (119.13) feet to a point; thence al9, " ,~e eastem line of lot Nb;19 on plan of SectIOn 2. Mt Allen Heights South Five (5) d ':Se'len (7) minutes EastQne Hundred Twenty-Eight (128) feet to Andes Drive; ~~:, " :'~::j~~fd:e~:~~~~;~;~e::~~i~~~~;~~~ (::~~:~~~tf~~-Three .. - :.:Fl. _ ,- - . ; :' -~_~i ;;: . '__-' BE~~~~Lot No. 18, Plan of S~~ 2, Mt. Allen Heights, said ~Ian recorded irl*~e . R~~f~er of Deeds Office of CUm~erlaod County, jennSYlvanJa In Plat aooJ1~. page~6.. aelNG THE SAME PREMISES WHICH Jeanne M;kumer and Sandra K. Erband Robert ! LiAnl by O~ed dated August 17, 2002 and record~ August 22. 2002 in D~~ Book 2~3~ ' Pfl~,j;1~20 !n the Offlce of 'the Recorder of Deeds In and for Cumberland CC!1'l1ty, , r.i ,J'I' P,:I.,,,~y,va",a. 9ra~ted and conveyed unto Jeanne M. Turner, Sondra K. Erli?'~nd Robe~I\'l.1 Ei+i'~rantors herel11.' '., , '. '. '., Vii] .!Mt.Mc',;I: . _ :. ," " , PREMISES BEINGL 2 ANDES DRIVE. VERIFICATION CHRISTINA TROWBRIDGE hereby states that helshe is ASSISTANT SECRETARY of CHASE HOME FINANCE LLC SUCCESSOR BY MEKGEK \VITH CHASE IviANiiA. 11 AN MORTGAGE CORPORATION mortgage servicing agent for Plaintiffin this marter, that helshe 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 ofhislher knowledge, information and belief. The undersigned understands that this statement is made suhject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~fA~ CHRISTINA TROWBRIDGE ASSISTANT SECRETARY DATE: /~- '?YuS r0 (0 "<J. ~ 1- g ~ -t: ()~ ~ ~ ?,--J () -u ~ t P: ~ '---< (- .~ c ,..., ~;::~ () en -'il c" :lJ ...,C) i'{CI~ '-on ~:J , C_-) -n ~'; . (....) r...,) C'.~ 8 '. ,:1.3 .c., ;n SHERIFF'S RETURN - REGULAR . CASE NO: 2005-01299 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ERB ROBERT L ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ERB ROBERT L t e DEFENDANT , at 1805:00 HOURS, on the 14th day of March 2005 at 2 ANDES DRIVE MECHANICSBURG, PA 17055 by handing to SANDRA KERB, WIFE a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing Her attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.14 .00 10.00 .00 36.14 ,~~ R. Thomas Kline 03/16/2005 PHELAN HALLINAN SCHMIEG ('~~ By: ~A/ Sworn and Subscribed to before me this I I da.y of Deputy Sheriff / ~?J . SHERIFF'S RETURN - REGULAR CASE NO: 2005-01299 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ERB ROBERT L ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin to law, says, the within COMPLAINT - MORT FORE ERB SONDRA K DEFENDANT was served upon t e at 1805:00 HOURS, on the 14th day of March 2005 at 2 ANDES DRIVE MECHANICSBURG, PA 17055 SONDRA KERB by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this of A.D. -~~ So Answers: "".<.'.,.- //~ /"':ft~~~ " R. Thomas Kline 03/15/2005 PHELAN HALLINAN SCHMIEG BY:~ Deputy Sheriff '. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEA Plaintiff, CIVIL DIVISION v. NO. 05-1299 CIVIL TERM ROBERT L. ERB SONDRA K. ERB Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ROBERT L. RB and SONDRA K. ERB, Defendant(s) for failure to file an Answer to Plaintiff's Complaint with 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess PI 'ntiff's damages as follows: As set forth in Complaint Interest from 3/11/05 to 4121/05 TOTAL $97,770.15 $627.90 $98,398.05 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown a ove, and (2) that notice has been given in accordance with Rule 237.1, copy attached. :J:" ");' 0 ~ 1 ,I 'I / . ,~ ....<,u 'M DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAPf' . DATE: 1- ~~- 0<) l~.u..ili,l PRO PROTHY J p ^ ~Q- o ~~~" ~ <.= ,==) <:.n :J:> -'", c' ~..) o -n :e" nlp T" In :;Jy r:.~(,,) ~'~-::H '~5F!' ::~~ 5.:J .< N Q) -n ::::<J: (.n -.J , PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No, 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY ROBERT 1. ERE SONDRA K, ERE : NO. 05-1 299-ClVIL TERM Defendants TO: ROBERT L. ERB 2 ANDES DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: APRIL 5. 2005 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 OU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE 1 NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUl ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HA VE FAILED TO ENTER A WRITTEN APPEARAN E 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING ND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A AWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WIT INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE OU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS T A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIR Attorneys for Plaintiff 0 ", 0 = 1..:: r.=> -n . u' :I!-n :r;:- -;.:1 f11.....:...l '- ::u ~Fn t/; N :'07 en "0) -< '::.ICJ r~:: c__ ~~~ ~~ '- " :> ;;: 3: ~ ':/ .> , 2:':lnl ~ ::--1 .> =2 CJ1 .~,I -.J .< , PHELAN, HALLlNAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CNIL DIVISION Vs. : CUMBERLAND COUNTY ROBERT L. ERB SONDRA K, ERB : NO. 05-1299-CIVIL TERM Defendants TO: SONDRA K, ERB 2 ANDES DRIVE MECHANICSBURG, PAl 7055 DATE OF NOTICE: APRIL 5, 2005 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.lF OU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE I NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BU ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARA CE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES R OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN D S FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEA ING 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 LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROV DE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVI YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EliGIBLE PE SONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIR Attorneys for Plaintiff n .-' 0 = c c:~) 1'1 U' <C ~ " ,~\ :e'''' .'0 _._-r1 _:) ,/';J plp:: , -r1tr! ?-) f'<) :b't OJ ;,~?() f;:: c'. ~ -'f', -V ;,'~ :0 , ',,0 it ( ;'~:'~f\i c: - ~:::\ , ~'D :t (fl ...J '-'< PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC, 8201 GREENSBORO DRIVE, SillTE 350 CUMBERLAND COUNTY COURT OF COMMON PLE S Plaintiff, CIVIL DIVISION v. NO. 05-1299 CIVIL TERM ROBERT L. ERB SONDRA K. ERB Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for th Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the foil wing facts, to wit: (a) that the defendant(s) islare not in the Military or Naval Service of the Uni ed States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act f Congress of 1940, as amended. (b) that defendant ROBERT L. ERB is over 18 years of age and resides at , 2 ANDES DRIVE, MECHANICSBURG, PA 17055. (c) that defendant SONDRA K. ERB is over 18 years of age, and resides at , ANDES DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of I 8 Pa. C.S. Section 4904 reI ting to unsworn falsification to authorities. ~) ,( Op d-...'CvV\,\,(.{.x':., . DANIEL G. SCHMIEG, E Attorney for Plaintiff 0 r-' 0 = C. t:.::> ." '~J'" ...:" ..-\ ;po :T:-T1 ..." ::0 rn?: -nfl' 1" :..01.:7 CfJ (-i2I:;;?l -0 ~j'7J - __J,. ..'1' e) ( , {:),'ll .--:" ".-::--\ ~~ tJ1 ';;'.:, -<. -' ::< , (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN YL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLE S Plaintiff, CIVIL DIVISION v. NO. 05-1299 CIVIL TERM ROBERT L. ERB SONDRA K. ERB Defendant(s). N tice is given that a Judgment in the above-captioned matter has been entered against yo on 200 . If you have any questions concerning this matter, please contact: ] /1 IV ( G\./IIIA..V ,.,(J , Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN S 1617 JOHN F. KENNEDY BLVD., SUIT PHILADELPHIA, PA 19103-1814 (215) 563-7000 A nON 1400 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DIS BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AN NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT AGAINST PROPERTY. ** ATION HARGE IN SHOULD F A LIEN ~ 1: --I "'- i '\.-..l ..-J 0J V\\ '-.) --- ~ \.N ~, ~. )--J c 1: ~- 'rV .:-~ 2 ~ ((' ~ --. r '.3'-/ ~ ~, ~ ~ n c' ;:,;.: ......., = 0 C:'.';l -n c.n ):Po ..... -0 ::r:...,., :;;rJ [1'r " ~T"".. \',) :u\.::) co 8~) --0 <;~~~ :x -- (jm ., --1 U1 ~ :.0 -l .< ~~~ ::-.~ -< ~ ... (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOS RE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, v. No. 05-1299 CIVIL TERM ROBERT L. ERR SONDRA K. ERR Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $98,398.05 V Interest from 4/21/05 to SEPTEMBER 7, 2005 (per diem -$16.18) $2,248.02 and Costs TOTAL $100,647.07 ~) . t .)' ,1 1 'Yt~Jx/~(~ DANIEL G. SCHMIEG, ES One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of plaintiff. It ma not be sold in the absence of a re resenta the plaintiff at the Sheriff's Sale. The sale must be postpo stayed in the event that a representative of the plaintiff is present at the sale. he ive of ed or not lrllrl lrl lrl 00 r-r- ..... ..... -<-< ~~ gg ~;:S ~~ ~~ o~ Z 0000 uu 00> 0 ... ... -<..l U ... ~~ .... ""~ uZ ~ == ..loo U ~Z ...... uu .,,; Z ~ ~'E' Zz 000 """" <l) 0,," ~~ ~~ "" = lt1 ~~ i:: <l) ~~ ...."" '" '"@ ~~ '" ~ <:> ~ ~ u"" """" o<:l .~ <l) oS .n o~ ,,"00 J~ ... "";zii: ..l~ .... ... sa sa ~ UZ .; ~~ ~~ . .... ~~ ""Z ~ - : c8 ~~ S 00 ""0 d".:} ;;., 0000 '" ""~ \) ....U "... ~Z ~~ <l) """" ~~ ~~ ~..~ Ei ~~ ~ ~~ Ot: ,. 0 ~~ 0.. - ~~ ~~ -< <l) ~.... .... 8~ "",-, ........ <l) o~ ~ <it ~ ... """" ~" u '" =~ ~ ~ '" -i:i <l) ....~ <l) -6 - "Cl z~ ~ ~ -< ...u ...., = 0 C;:) "" " 'T' :- ~:rJ n'" -0 ;:--v r- N -OfT'.: C) :u '2 ':.:~C) " ~~~ ~; ( , ::r" c:.:: - (jr-n ::~ .. ~ -< Ul ex> -< , -'. DESCRIPTION ALL THAT CERTAIN lot, JIlll'Cel or tract of land with improvemenlS the=n erected silwlte in Upper Allen Township, Cumberland COUllty, Pennsylvania, bounded and described a. follows: BEGINNING at a point of inlersection of the northern line of Andes Drive and the western line of Caseade Road as shown on plan of Section 2, Mt. Allen Heights; thence along the western line of Cascade Road North Three (3) dejp'ees Twenty-Three (23) minutes East One HUJ1<hed Twenty. Nine and Forty. Two Hundredths (129.42) feet to a point; thence in a westerly direction along the aouthern line of Lots 2 and 3 on plan of Section I, Mt. Allen Heights One HUJ1<hed Nin<:lt:en and Thirteen Hundredths (119,13) feet loa point; thence along the eastern liIle of Lot No 19 on plan of Section 2, Mt. Allen HeighlS South Five (5) degrees Seven (7) minutes East One Hundred Twenty-Eight (128) fcelto Andes Drive; thence along the northern line of Andes Drive North Eighly--Four (84) dejp'ees Fifty-three (53) minutes East One HIDIdred (100) feet to the point and place ofBEGINNINO, BEING Parcel Number: 42-28-2421-281. RECORD OWNER TITLE TO SAID PRHMIR<l IS VESTED IN Sondra K Em and Robert L Em, wife and husband by Deed from Jeanne M. Turner, sinQ:le woman and Sondra K. Erb and Robert L. Erb, wife and husband, dated 7-23'()3 and recorded 7-29-03 in Deed Book 258, page 1826. PREMISES BEING: 2 ANDES DRIVE, MECHANICSBURG, P A 17055 n C' --. ~~~ .\< ,--C: r-.~ ~ r---. . o,?' --. lL -. UvUj~ ~ ~ 9 p'.~~'1'-' ct - ~ ~ ,r, ~ C? CJ' """ -0 :::a \"'v C:J '. () ~"::_~~ ~.:.:-~ -~ /@ -a ::r', ~ ..... :1: -r! rnr~ ,-.n-"1 :(';y C),C) __",-"1'. '{,~~~g !'..::,rn ::::, -> ::.;< ,~ U1 CD WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1299 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff(s) From ROBERT L. and SONDRA K. ERB, 2 ANDES DRIVE, MECHANICSBURG P A 17055 (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 2 ANDES DRIVE, MECHANICSBURG PA 17055 (SSEE 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 II m paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defend nt (.) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the posse.sion of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,398.05 L.L. $.50 Interest FROM 4/21/05 TO 9/7/05 @ $161.18 PER DIEM = $2,248.02 Atty's Comm % Due Prothy $1.00 Atty Paid $134.14 Other Costs Plaintiff Paid Date: APRIL 28, 2005 CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name FRANCIS S. HALLINAN, ESQ. Address: ONE PENN CENTER@SUBURBANSTATlON 1617 JFK BLVD., STE. 1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No, 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTI F MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLE S v. CIVIL DIVISION ROBERT L. ERB SONDRA K. ERB NO. 05-1299 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for t e Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 9 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, r. (!:'.7 11 cvvu.tJ -Y~ .-4 DANIEL G, SCHMIEG, E Attorney for Plaintiff () c~; l c ~~; :.; -< ...., = = c.n ~ ;;-0 N 0) ~ :r~ nl~ Fn =BQ <~~~ J"_ .1 ~~?, 2f; '-< -c 3~: (Jl CO . ~. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLE S v. ROBERT L. ERB SONDRA K. ERB CIVIL DIVISION NO. 05-1299 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the ab ve action, by its attorney, DANIEL G, SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for t e Writ of Execution was filed the following information concerning the real property located at 2 A DES DRIVE , MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT L. ERR 2 ANDES DRIVE MECHANICSBURG, PA 17055 SONDRA K. ERR 2ANDES DRIVE MECHANICSBURG, PA 17055 2, Name and address ofDefendant(s) in the jUdgment: Same as above 3, Name and last known address of every judgment creditor whose judgment is a record lien n the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5, Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot e reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot b reasonably ascertained, please indicate) 7, Name and address of every other person of whom the plaintiff has knowledge who has a y interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 2 ANDES DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verifY that the statements made in this affidavit are true and correct to the best of my p rsonal knowledge or information and belief, I understand that false statements herein are made subje t to the penalties of18 Pa. C.S, Sec, 4904 relating to unsworn falsification to authorities, April 21. 2005 DATE (') C ;-".. ',., c S;, -( ....., = c:..."') c--" ;l:" -0 :;:.0 1',) 0:> -0 ...c.. ~ =?-r; fl1F -orn 'ny ';~~~ "L" i?Q ~j'. <'.0 '-< u' OJ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 05-1299 CIVIL TERM v. ROBERT L. ERB SONDRA K. ERB Defendant(s). April 21, 2005 TO: ROBERT L. ERR 2 ANDES DRIVE MECHANICSBURG, PA 17055 SONDRA K. ERR 2ANDES DRIVE MECHANICSBURG, PA 1 055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO ATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISC RGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CON. TRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * Your house (real estate) at 2 ANDES DRIVE MECHANICSBURG PA 1705 is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a,m, in the Cumberlan County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 98398.05 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the ortgagee) against you. In the event the sale is continued, an announcement will be made at said sal in compliance with Pa,R,C.P" Rule 3129.3, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, costs and reasonable attorney's fees due, To find out how much you must call: (215) 563-7000. 2, You may be able to stop the sale by filing a petition asking the Court to s judgment, ifthe judgment was improperly entered, You may also ask the postpone the sale for good cause. 3, You may also be able to stop the sale through other legal proceedings. te charges, ay, you may e or open the ourt to You may need an attorney to assert your rights, The sooner you contact one, the re 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 OT ER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidd r. 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 ssly 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 i the sale, To find out ifthis has happened, you may call (717) 240-6390. 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the wner of the property as ifthe sale never happened, 5 , You have the right to remain in the property until the full amount due is paid to t e Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedin s to evict you. 6, You may be entitled to a share of the money which was paid for your house, As hedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days oft sale. This schedule will state who will be receiving that money, The money will be paid out in accord ce with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed ith the Sheriff within ten (10) days after the distribution is filed, 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFlC LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma at be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale mu t be postponed or stayed in the event that a representative of the plaintiff is not present t the sale, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 DESCRIPTION ALL THAT CERTAIN lot, parcel or tract of land with improvemenlS lhcrcon erected silwlte in Upper Allen Township, Cumberland County, Pennsylvania, hounded and described as follows: BEGINNING at a point of intersection of the northern Ii"" of Andes Drive and the western line of Cascade Road as shown on plan of Seclion 2, MI. Allen Heights; thence along the western line of Cascade Road North Three (3) degrees Twenty.Three (23) minutes East One Hundred Twenty. Nine and Forty.Two Hundredths (129.42) feet to a point; thence in a westerly direction along the southern line of Lots 2 and 3 on plan of Section I, Mt. Allen Heights One Hundred Nineteen and Thirteen Hundredths (119,13) feet to a point; thence along the eastern line of Lot No 19 on plM of Seetiou 2, MI. Allen HeighlS South Five (5) degrees Seven (7) minutes East One Hundred Twenty-Eight (128) feel to Andes Drive; thence along the northern line of Andes Drive North Eighty-Four (84) degree. Filly-three (53) minutes East One HIDIdred (100) feet to the point and place ofBEGlNNING. BEING Parcel Number: 42.28-2421-281. RECOlID OWNER TITLE TO SAID PRHMIR'l IS VESTED IN Soodra K. Ern and Robert L. Ern, wife and busband by Deed from kanne M. Turner, single Wllman and Soodra K. EIb and Robert L. EIb, wire and busband, dated 7-23.(13 and recorded 7-29.(13 in Deed Book 258, page 1826. PREMISES BEING: 2 ANDES DRIVE, MECHANICSBURG, P A 17055 0 ...., 0 = ~! (,..-::;1 -n c_, "-f" \"1. > :I! C~: j; -" rnfJ :::0 .~ N -arn (I; ~~ :01' CO (') r '~::j~2 -r If -- .' ..", '~::~~ C _..';... -~ (.-' '~c; ~~ ...:.:i =2 (/1 ~ CO ,-< ~ AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PJT No. 05-1299 CIVIL TERM DEFENDANT(S) ROBERT L. ERB SONDRA K. ERB ACCT. #1976771936 SERVE: SONDRA K. ERB AT 2ANDES DRIVE MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 7, 2005 Served ~nd made known to 5' 0 N c;:i '(' ,. SERVED ~. \C, l:: 'It b Defendant, on the :3 d day of A f"; \ A"" J...s 'Ov-. J 11 lie <.. L,,,,, t-,), c... 10" Y") , 200ff,:;t 8...,7~ o'clock {-,m" at ;:;;.. , Commonwealth of Pennsylvania, in the manner de.cribed below: nefendant personally served, I \ ~Adult family member with whom Defendant(.) re.ide(.), Name and Relationship is Ca..., 1 \..... ~'<! ~ . --r-- Adult in charge of Defendant(.)'s residence who refused to give name or relationship, f. ' ~~ (3; '}. k('~ Manager/Clerk of place oflodging in which Defendant(s) reside(s). V r OS Agent or per.on in charge of Defendant(s)'s office or usual place ofbusine.s, an officer of said Defendant(s)'s company, l[)ther: . '1 ~ / \ Descripti~n: Age.P1..Q Height....f:.f weight-L4.0 RaceJ<.LhsexL Other lVI), as;S<::'5 I, C\Qjr C-,.,c.<. l, C~ ~ :r.;Ycompetent adult, being duly sworn according to law, depose and state that I personall}1handed a true and COff cl copy of the Notice ofSherifl"s Sale in the manner as set forth herein, issued in the captioned pase on the date and at the addre.. indicated above, NOTARW.SfN. Sworn to and subr..1bed l~~=~ befor this~~ MyQ. ,. 1''JI~NIw.'IO,2007 of , 200~, ~ Notary: - By: 1/1, k! PLEASE ATTE~CE AT LE 3 TIMES. INDICATE DAT ATTEMPTED. ES OF SERVICE NOT SERVED o'clock_,m., Defendant NOT FOUND because: Vacant 2nd Attempt: / / Time: Sworn to and $ubscribed before me thi., _ day of . 200 _' Notary: By: Attorney for ~Iaintirf Daniel G. Schmieg, Esquire - LD. No. 62205 1'"",-;. 0 ~'~? ---"', ,,<::71 c:Jl -- c:o c=~: J ...;:; . AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY PIT No. 05-1299 CIVIL TERM DEFENDANT(S) ROBERT L. ERB SONDRA K. ERB ACCT. #1976771936 SERVE: ROBERT L. ERB AT 2 ANDES DRIVE MECHANlCSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 7,2005 ~ SERVED Served and made known to . krct- 1--, J; 1<. 'r:, , Defendant, on the 30 JL.- day of _4&,200"';- at A..;;-,o'clock~.m"at a.. ~!J ~e." o/Jv, J JA~C.~I/-.J'L$k,UV<.') ,Commonwealth of Pennsylvania, in the manner described below: tefendant personally served, .I I \ f dull family member with whom Defendant(.) reside(.), Name and Relationship is <..'dW';> '^~(~~ . dult in charge of Defendant(s)'s re.idence who refused to give name or relationship. t~"('i'i ~','jJ Manager/Clerk of place oflodging in which Defendant(s) reside(s), Agent or person in charge of Defendant(s)'s office or usual place ofbu.iness. an officer of said Defendant(s)'s company. r5i)<' ~evt Qther: ! ' 1/ ,} WI C'" IV. ~\qSS"5 DeaPtio~: Age C),O Height2.!/: Weight~0 Race--'::-Sex.--L..... Other \ ~. I, <7 v t...,~ '- h, Glt ~ 1 " a competent adult, being duly sworn according to law, depo.e and state that I personally handed a true and ~orrect copy of the Noti,;'e ~fSheriff. Sale in the manner as set forth herein, issued in the captioned ca.e on the date and at the address\indicated above, Sworn to aIid subscribed beforeAi' 1.-.d-dj:J.-. of \l ,200j> Notary: J-lt.,,,; J Lt. _ 1i-LrJ;J...v By: PL~Atr'~;;~~PT SERVR:2 AT LEAST 3 NOTARIAL SEAL WCUE H. eARlY. NdIry NlIc 11 .FnIiIn~ Mr Nov. 10. 200 NOT SERVED On the day of ,200_, at o'clock _,m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attemp.: 1 I Time: 2nd Attempt: 1 1 Time: 3rd Attemf\t: 1 I Time: Sworn to and s/-tbscribed before me thi. L------ day of , 200 _' Notary: By: Atlorne for P aintiff Daniel G, Seh 'eg, Esquire - J.D. No. 62205 ?-~ ~?, ~:?I .-t -.c. ;'n [' ('0 Co ) \.0 ,'[1--' - SALE DATE: SEPTEMBER 7. 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-1299 CIVIL TERM vs. ROBERT L. ERB SONDRA K. ERB AFFIDAVIT PURSUANT TO RUU; 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.c.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 2 ANDES DRIVE. MECHANICSBURG. P A 17055. As required by Pa. R.C,P. 3129,2(a) Notice of Sale has been given in the manner required by Pa. R,C.P, 3129.2(c) on each of the persons or partie:s named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~ DANIEL,l!CH Attorney for , ESQUIRE Iff August 2, 2005 CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-1299 CIVIL TERM vs. ROBERT L. ERR SONDRA K. ERR AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.2) Plaintiff in the above action, by its attorney, DANIEL SCHMIEG, Esquir., " forth as of the date the Praecipe for the Writ of Execution was fi'led the following inf(,!,:":, concerning the real property located at 2 ANDES DRIVE, MElCHANICSBURG, p.\ l'i!\~ 'i, 3. Name and last known address of every judgment creditor whose judgment is a record I" the real property to be sold: Name Last Known Address (if address cann,,! reasonably ascertained, please indica:. 4. Name and address oflast recorded holder of every mortgage ofrecord: Name Last Known Address (if address caru 'I; reasonably ascertained, please indie:"'" 5, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot he reasonably ascertained, please indicate) UPPER ALLEN TOWNSHIP toO GETIYSBURG PIKE MECHANICSBURG, PA 17055 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 cannoi iI" reasonably ascertained, please indicale None, 7, Name and address of every other person of whom the plaintiff has knowledge who 1"" ;c,', interest in the property which may be affected by the sale: Name Last Known Address (if address cannot n reasonably ascertained, please indicate! None, I verify that the statements made in this affidavit are true and correct to ",. '. my personal knowledge or information and belief, I understand that false statements 11", l ", made subject to the penalties of 18 Pa. C.S. Sec, 4904 relating to unsworn falsification " authorities, .1, ~ DANI CH Attorney for August 2, 2005 EG, ESQ\ Ii ,{j' mtiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIV[L DIVISION ROBERT L. ERB SONDRA K. ERB NO. 05-1299 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,2 ANDES DRIVE, MECHANICSBURG, P A 17055 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT L. ERR 2 ANDES DRIVE MECHANICSBURG, PA 17055 SONDRA K. ERR 2ANDES DRIVE MECHANICSBURG, PA 17055 2, Name and address of Defendant(s) in the judgment; Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably as,;ertained, please indicate) None 4, Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5, Name and address of every other person who has any record hen on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2 ANDES DRNE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA Jl7013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, IPA 17105 I verify that the statements made in this affidavit are tme 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 ofl8 Pa, C.S_ Sec, 4904 relating to unsworn falsification to authorities, April 21. 2005 DATE ~~lJ~r~ DANIEL G. 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'" ., 0 en ~if'::l9 gJ~: r 'C _ t'" ~ ~ ~ o - -.I o - w ~> o u ~ ~ (') = = c: "-" :~ R: - ""r.)Q! 5 C!;!ln zr~'~ I (.I).!.;~ I.D ;:$(, ~:B ~ ,..' :r>o <- ~ C) }~C) :E Zrn ~c - 0 c - -'-< "T> ~ VI on '-< Mortgage Electronic Registration Systems, Inc, VS Robert L. Erb and Sondra K, Erb The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2005-1299 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 12, 2005 at 7: 17 0' clock PM, he served a tme copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Robert L. Erb and Sondra K. Erb, by making known unto Sondra Erb, personally and wife of Robert L. Erb, at 2 Andes Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tme and correct copy of the same, Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 11,2005 at 7:00 o'clock P,M" he posted a true copy of the within 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 2 Andes Drive, Mechanicsburg, Pennsylvania, according to law, R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Robert L. Erb and Sondra K. Erb, by regular mail to their last known address of2 Andes Drive, Mechanicsburg, PA 17055, These letters were mailed under the date of July 01, 2005 and never retumed to the Sheriffs Office. R, Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instmctions from Attorney Daniel Schmieg, Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge 30.00 15,64 15,00 15,00 ,50 1.00 17.60 2,70 15.00 30,00 Law Library Patriot News Share of Bills 359,00 277.94 20,20 $799.58 Sworn and subscribed to before me So Answers ,~~ ~~ ~~~ R, Thomas Kline, Sheriff BY Ice .~ l{~ Real Esta 2005, A.D, << 1) ) ,) Ck.. 5'/J'7)'" ~ /{,1J1 ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INe. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ROBERT L. ERB SONDRA K. ERB NO. 05-1299 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,2 ANDES DRIVE, MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT L. ERB 2 ANDES DRIVE MECHANICSBURG, PA 17055 SONDRA K. ERB 2ANDES DRIVE MECHANICSBURG, PA 17055 2, Name and address ofDefendant(s) in the judgment; Same as above 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4, Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2 ANDES DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S, Sec. 4904 relating to unsworn falsification to authorities, April 21. 2005 DATE $'~ 11 ~r~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 05-1299 CIVIL TERM v. ROBERT L. ERB SONDRA K. ERB Defendant(s). April 21, 2005 TO: ROBERT L. ERB 2 ANDES DRIVE MECHANICSBURG, PA 17055 SONDRA KERB 2ANDES DRIVE MECHANICSBURG, PA 17055 "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 BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 2 ANDES DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $98,398.05 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you, In the event the sale is continued, an announcement will be made at said sale in compliance with Pa,R.C,P., Rule 3129.3, NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3_ You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale, (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000, 2, You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390, 4_ If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened, 5, You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict YOU. 6, You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed, 7, You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 DESCRIPTION ALL THAT CERTAIN 101, JIlll'CCI or lnlcl of land with improVCl1lCDIS th<roon e=ted silwlte in Upper Allen Township, Cumberland Co1l1lly, Peml$Ylvania, bounded and described as follows: BEGINNING at a point of intersection of lhe northern line of Andes Drive and the western line of Cascade Road as shown on plan of Section 2. Ml. ADen Heighta; thence alol\g the western line of Cascade Road Not1h Three (3) delU"e. Twenty.Three (23) minutes Ealll One Hundred Twenty- Nme and Forty-Two Hundredths (129.42) feet to a poin!; tbenee in a westerly direction aIong the soutIu:rn line of Lots 2 and 3 on plan of Section I, Mt. Allen Heighta One Hundred Ninmen and Thirteen Btnldredths (119.13) feet to a point; thence alOllllthe eastern line ofl.ot No 19011 plan of Section 2, Mt. Allen Heights South Five (5) degrees Seven (7) minutes East One HIIIIdred Twenty-Eight (128) feel to Andes DrM:; thence along the northern line of Andes Drive Not1h Eigtuy..Four(84) degrees Fifty-tbree(S3) minutes EalllOne HIIIIdred (100) feel to the point and plal:e ofBEGINNINO. BEING Pllrcel Number: 42.28-2421-281. RECORD OWNER TTnE TO SAID PRHMlFl~ IS VESTED IN Sondra K. Em and Robert L. Em, wife and busbend by D=l from JeIllll1C M. Turner, sing1e woman and Sotldra K.. Ertl and Robert L. Em, wife and busband, dated 7-23-03 and reconled 7-29-03 in Deed Book 258, page 1826. PREMISES BEING: 2 ANDES DRNE, MECHANICSBURG, P A 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1299 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff(s) From ROBERT L. and SONDRA K. ERB, 2 ANDES DRIVE, MECHANICSBURG P A 17055. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 2 ANDES DRIVE, MECHANICSBURG P A 17055 (SSEE 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 ha. 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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,398.05 L.L. $.50 Interest FROM 4/21/05 TO 9/7/05 @ $161.18 PER DIEM ~ $2,248.02 Atty's Comm % Due Prothy $1.00 Atty Paid $134.14 Other Costs Plaintiff Paid Date: APRIL 28, 2005 CURTIS R. LONG (Seal) REQUESTING PARTY: Name FRANCIS S. HALLINAN, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD., STE.1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No, 62205 , Real Estate Sale #04 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 2 Andes Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 04, 2005 By: J~~ J~ Real Estate Deputy ~ ~iJ ~' ~; at! :E d bZ HdV ~aal \td '))'1JI'" . ',' .:I:Jlid~is '3!!1'~~i15(Jj2J ., . 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 Joseph A. Dennison, being dnly sworn according to law, deposes and says: That he is the A.si.tant Controller of The Patriot New. Co" a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and publi.hed at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-New. 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 i. .ecurely attached hereto i. exactly a. printed and published in their regular daily and/or Sunday/ Metro edition. which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the fact. aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, afore.aid by virtue and pur.uant to a resolution unanimously pas.ed 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, COPY SALE #4 Sworn to and .u NOT Y PUBLIC My conunis.ion expires June 6, 2006 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 277.94 REAL ESTlITE SALE No. 04 Writ No. 20115-1299 Civil Term Mortgage EIec1ronlc ~ SyelemS, Inc. v. Robar1 L Erb ancI Sondra K. Erb Atty: F...... S. .....1111811 DEl!PIIPI1ON AlL 1lIAT CEJd'AJN lot. (*I'd " Ilacl ofland witb~lheteoo__in Upper AIIeo TOWIISbip. CImIialaod County, !9sy1vU._anddcocrib<d"foUows: BIIGINIiIIIG a1. point of............ of the D.rIbemliooill_Driveand the westemliDe of Cascade.... .. ..... .. plaR of Sectioo 2, Mt.AlleaIloichD: ''''??008 the westemliDe of Cascade ....._ m...... Twatty Three (23) IIIiIiIls"llaot 0lIe_ Tweoty N'me andFody1Wo~(I29.42)fue!I1l' l!r* , ,..2.''''''''''''1. :*4~fr:fAlfl ..... s.... (7)...... I!ast 0lIe ..... ~ EiPI (13t),l'all"~ IIIM;-' , .....the ........... of _ Drive _ _four~~,l'WlY""'(!3)- 1last0000li Ci.QP'll-foiI.....pOjoI....pIace ofBl!lllNNll(().' , BElNGPioOi-I~l. TIIl.E TO sAiQ.....,..FS is veaIed in Soodm K,IlIb .....L,Illl>, wife and ~. by DeoIfI\liIiM. -r-... : ..... 1IIIlI.... ~.Illl> and ..... L,Illl>, .Iiid ~lIiod'7l23oW'............. 71 .la~251.pojOl826, PIilMIsFS BIIllll: 2 _ Drive, "",,",""""'g.PAlm. 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 and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ... , Editor SWO TO AND SUBSCRffiED before me this 29 day of Julv. 2005 NOTARIA[ SEAL LOIS E, SNYDER, Notary Public Carhsle 8oro, Cumbertand County MV Commission Expires March 5. 2009 REAL ESTATE SALE NO. 4 Writ No. 2005-1299 CMI Mortgage Electronic Registration Systems, Inc. VS. Robert L. Erb and Sandra K. Erb Atty.: Francis S. Hallinan DESCRIPTION ALL THAT CERTAIN lot, parcel or tract of land with improvements thereon erected situate in Upper Al- len Township, Cumberland County, Pennsylvania, bounded and de- sCribed as follows: BEGINNING at a point of lnter- section of the northern line of Andes Drive and the western line of Cas- cade Road as shown on plan of Sec- tion 2. Mt. Allen Heights; thence along the western line of Cascade Road North Three (3) degrees Twenty-Three (23) minutes East One Hundred Twenty-Nine and Forty- 1VJo Hundredths (129.42) feet to a point; thence in a westerly direc- tion along the sou them line of Lots 2 and 3 on plan of Section 1, Mt. Allen Heights One Hundred Nine- teen and Thirteen Hundredilis (119- .13) feet to a point; thence along the eastem line ofLat No 19 on plan of Section 2, Mt. Allen Heights South Five (5) degrees Seven (7) minutes East One Hundred Twenty-Eight (128) feet to Andes Drive; thence along the northern line of Andes Drive North Eighty-Four (84) degrees Fifty-three (53) minutes East One Hundred (100) feet to the point and place of BEGINNING. BEING Parcel Number: 42-28- 2421-281. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Sandra K. Erb and Rob- ert L. Erb, wife and husband by Deed from Jeanne M. Turner, single woman and Sandra K. Erb and Rob- ert L. Erb, wife and husband, dated 7-23-03 and recorded 7-29-03 in Deed Book 258, page 1826. PREMISES BEING: 2 ANDES DRIVE. MECHANICSBURG. PA 17055,