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HomeMy WebLinkAbout05-1687PHELAN 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 Plaintiff V. CORY L. SHOTZBERGER BARBARA A. BAER 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS -/&,P7 ?t(?L CUMBERLAND COUNTY 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 HAVL A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Pile #: 114394 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. File #: 114394 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: CORY L. SHOTZBERGER BARBARA A. BAER 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/15/2003 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 No. 1806, Page: 1917. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2004 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 all interest due thereon are collectible forthwith. File #: 114394 The following amounts are due on the mortgage: Principal Balance $57,343.79 Interest 1,434.00 11/01/2004 through 03/30/2005 (Per Diem $9.56) Attorney's Fees 1,250.00 Cumulative Late Charges 75.08 04/15/2003 to 03/30/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 60,652.87 Escrow Credit -326.91 Deficit 0.00 Subtotal $- 326.91 TOTAL $ 60,325.96 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 60,325.96, together with interest from 03/30/2005 at the rate of $9.56 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. PHELAN HALLINAN & SCHMIEG, LLP By: s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 114394 ALL IMAT CBRTAIV tract or parcel of land With the buildings and ispprovementy thereon erected situate in Bast Penneboro TobMship, CUmberland County, PeaeWvAnia. more particularly bounded and described as follows, to Wit= AAt i]I rM at a point as the wcatarlyy line of Rrola Driva t' vbich point is 45 rest soutAvarcuy of cb& souchwastarly cmnex of. PQan sr-rerc 4ud z.,oia Wriye; theacG along the trestorly unn of zznla nrivu, South 8 degxses Ease, 15 46et co a Swint: thence South 82 degmes Meet, 92 feet %a a point; th=c4 South 8 degrees Hear, 15 feet to a point: thetAce Karch 02 dcgreca ]cast. 92 feet to a point, rho place of 13201NNING- BeING known and, numbered ad 137 6_ Bnolaa Drive. BvBSSCT to the rigftt of way as recorded Jaxw;kry 4, 1954 in the office aforeseid in Miscella,naoug Hook 91, sage 590. AWE THAT C&RTAIN tract of land aituace in Sa?st PcrmaDoro Township. Cxkberland r-ci=ty, vap ayiwania, Bore particulaYly bounded and described &a toZlv?.e • • PROPERTY BIENG: 137 SOUTH ENOLA DRIVE .Blgr ltd eat A point CM the aide of Second St"at, waid point b.ajiug located forty-rive t45) feet fa a southeasterly dirmccioas f the southern $idc of Pere 3trestr tbtttce in a eoutberly directioa along the goguhsasterly aide of Second Stteet a dintance of Wteea (15) feat tc a point ixL line of i.ot go- 3 an trio beraio=fter aentioned Plan 01 Wteo tbm-mm io a northeasterly directiom a distance of fifty-eight (58) feet to g Poir?e in line of lands foxnerly caw eyed by C. W21tcx Fooggels#Mer to Ksrie ^- Mathias; ehcace alaag eald lands in a nortbrieatexly dtrecti.on a dxstsance Of fifte*XL 4153 feet to a pairm. chereme in a south wagrazly direction .along Lot No. 1, a dintan of fifty-eight (58) feet to a point ou the easterly aide at second Street. the place of BSGIMING. aRxaa the rear of 197 S. enola brigs and baiag part of Lot No. 2 in the Itevisad Plan of iota laid out by the Henzy buzoer Bacate (fttansion of X^ola), recorded in Plan gook 1, Page: 10. gu4J= to all covenants, restriationa, reservations, eaaemcnts, conditions and rigl+es appearing of secard: and svkjact to any statce of facts an accurate aurvey would ahvu. BEINQO T= g,AKs pr4Wiaee commyed unto Michael S. King and Lauraq Q- KIPS, by deed Lram Jaye L. Smith, dated August 14, 1991 arnd recorcled Aucjuac 16, 1991 in ens Off ice of t m Recorder of oaed9 in and tot Cutoberland CvLmty. Peima?l,vania Lu Deed Soak "G`, vol+une 25. Page 7X1- VERIFICATION MICHAEL D. VESTAL hereby states that he/she is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he/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 his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unworn falsification to authorities. DATE: -? ?` D d r ? W C? CASE NO: 2005-01687 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SHOTZBERGER CORY L ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHOTZBERGER CORY L the DEFENDANT , at 1804:00 HOURS, on the 20th day of April , 2005 at 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 by handing to CASSIE SHORZBERGER, WIFE a true and attested copy of COMPLAINT - MORT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 39.10 Sworn and Subscribed to before me this -3A,,( day of nla Jot?S? A. D. Prothonotary So Answers R. Thomas Kline 04/22/2005 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-01687 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SHOTZBERGER CORY L ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAER BARBARA A DEFENDANT the at 2010:00 HOURS, on the 21st day of April , 2005 at 28 MALLARD COURT MECHANICSBURG, PA 17055 by handing to BARBARA BAER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.36 Affidavit .00 Surcharge 10.00 So Answers: R. Thomas Kline 04/21/2005 PHELAN HALLINAN §CHMIEG Sworn and Subscribed to before me this 3 day of A. D. -)7W tveir?- Prothonotary ,, By: Deputy s (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, V. CORY L. SHOTZBE: BARBARA A. BAER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1687 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 21 200,16 By: -t4E ?1? 7 If you have any questions concerning this matter, please contact: Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ?? DANIEL G. SCHMIEG, ESQUIRE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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." 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 V. Plaintiff, CORY L. SHOTZBE. BARBARA A. BAER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1687 CIVIL TERM 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 CORY L. SHOTZBERGER and BARBARA A. BAER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/31/05 to 7/27/06 TOTAL $60,325.96 $4,627.04 $64,953.00 I hereby certify that (1) 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 attached. DANIEL G. SCHMIEG, ESQUUUJ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ?2oac. PRO ROTHY 114394 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schtnieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION ; COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff Vs. CORY L. SHOTZBERGER BARBARA A. BAER Defendants TO: CORY L. SHOTZBERGER 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 DATE OF NOTICE: NNE 14.2006 CIVIL DIVISION CUMBERLAND COUNTY :NO. 05-1687 CIVIL TERM FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHJSLAN HALLMAN & SCHMIEG, LLP 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 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff CIVIL DIVISION Vs. CORY L. SHOTZBET BARBARA A. BAER Defendants TO: BARBARA A. BAER 28 MALLARD COURT MECHANICSBURG, PA 17055 DATE OF NOTICE: NNE 14.2006 CUMBERLAND COUNTY NO. 05-1687 CIVIL TERM FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHBLAN HALLINAN & SCHMIEG, LLP 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 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION : COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. CORY L. SHOTZBET BARBARA A.BAER Defendants TO: BARBARA A. BAER 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 DATE OF NOTICE: JANE 14.2006 CUMBERLAND COUNTY NO. 05-1687 CIVIL TERM FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ,. 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, V. CORY L. SHOTZBERGER BARBARA A. BAER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1687 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, 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 CORY L. SHOTZBERGER is over 18 years of age and resides at, 137 SOUTH ENOLA DRIVE, ENOLA, PA 17025. (c) that defendant BARBARA A. BAER is over 18 years of age, and resides at, 28 MALLARD COURT, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff .. VP (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 05-1687 CIVIL TERM CORY L. SHOTZBERGER BARBARA A. BAER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $64,953.00 Add'1 cost $1,679.50 Interest from 7/27/06 to DECEMBER 6, 2006 $1,409.76 and Costs (per diem -$10.68) TOTAL $66,362.76 DANIEL G. SCHMIEG, ESQUIRA One Penn Center at Suburban Sta ion 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 the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 114394 W ? o? v d0 v dN ? o o H ? o ? H V W w° O u ?W an O c a? U a N uY? 0 r d N ? 4 a? o? w U d ? 3j eh N 7 N .w .r C,3 r ` » v ? y V V I -J.1 N ? 'br ?A O U vi ?w r TRACT#1 ALL THAT CERTAIN TRACT OR PARCEL OF LAND WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY LINE OF ENOL DRIVE, WHICH POINT IS 45 FEET SOUTHWARDLY OF THE SOUTHWESTERLY CORNER OF PENN STREET AND ENOLA DRIVE, THENCE ALONG THE WESTERLY LINE OF ENOLA DRIVE, SOUTH 8 DEGREES EAST, 15 FEET TO A POINT, THENCE SOUTH 82 DEGREES WEST, 92 FEET TO A POINT; THENCE NORTH 8 DEGREES WEST, 15 FEET TO A POINT; THENCE NORTH 82 DEGREES EAST, 92 FEET TO A POINT, THE PLACE OF BEGINNING. BEING KNOWN AND NUMBERED AS 137 S. ENOLA DRIVE. SUBJECT TO THE RIGHT OF WAY AS RECORDED JANUARY 4, 1950 IN THE OFFICE AFORESAID IN MISCELLANEOUS BOOK 91, PAGE 590. TRACT #2 ALL THAT CERTAIN TRACT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, BEGINNING AT A POINT ON THE EASTERN SIDE OF SECOND STREET, SAID POINT BEING LOCATED FORTY- FIVE (45) FEET IN A SOUTHEASTERLY DIRECTION FROM THE SOUTHERN SIDE OF PENN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG THE SOUTHEASTERLY SIDE OF SECOND STREET A DISTANCE OF FIFTEEN (15) FEET TO A POINT IN LINE OF LOT NO.3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHEASTERLY DIRECTION A DISTANCE OF FIFTY-EIGHT (58) FEET TO A POINT IN LINE OF LANDS FORMERLY CONVEYED BY C. WALTER FOGELSANER TO MARIE A. MATHIAS; THENCE ALONG SAD) LANDS IN A NORTHWESTERLY DIRECTION A DISTANCE OF FIFTEEN (15) FEET TO A POINT; THENCE IN A SOUTHWESTERLY DIRECTION ALONG LOT NO. 1. A DISTANCE OF FIFTY-EIGHT (58) FEET TO A POINT ON THE EASTERLY SIDE OF SECOND STREET, THE PLACE OF BEGINNING BEING THE REAR OF 137 S. ENOLA DRIVE AND BEING PART OF LOT NO. 2 IN THE REVISED PLAN OF LOTS LAID OUT BY THE HENRY BENDER ESTATE (EXTENSION OF ENOLA), RECORDED IN PLAN BOOK 1, PAGE 40. Parcel No. 09-15-1291-124 TITLE TO SAID PREMISES IS VESTED IN CORY L. SHOTZBERGER A SINGLE MANand BARBARA A. BAER, A SINGLE WOMAN, AS TENANTS IN COMMON BY DEED FROM MICHAEL E. KING AND LAURA G. KING, H/W DEED DATED 4/15/03 RECORDED 4/17/03 IN BOOK 256 PAGE 2984 INSTRUMENT #2003-018508. Premises: 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1687 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 CORY L. SHOTZBERGER AND BARBARA A. BAER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $64,953.00 L.L. $.50 Interest FROM 7/27/06 TO 12/6/06 (PER DIEM - $10.68) - $1,409.76 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $147.46 Other Costs Plaintiff Paid Date: AUGUST 8, 2006 CURTIS R. LONG Prothono ry (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ,4" MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION CORY L. SHOTZBERGER . BARBARA A. BAER Defendant(s). NO. 05-1687 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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 ,137 SOUTH ENOLA DRIVE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name CORY L. SHOTZBERGER BARBARA A. BAER Last Known Address (if address cannot be reasonably ascertained, please indicate) 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 28 MALLARD COURT 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 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 None Last Known Address (if address cannot be 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 be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COLUMBIA NATIONAL, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 7142 COLUMBIA GATEWAY DRIVE COLUMBIA, MD 21046-2132 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 27, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?' ?? ??_, -c3 Jt3 +?. ?. ?- `?? ? + ?'t?. ? ?, 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. CORY L. SHOTZBERGER BARBARA A. BAER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1687 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant Q 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. DANIEL G. SCHMIEG, ESQU Attorn ey for Plaintiff co 5 r MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. CORY L. SHOTZBERGER BARBARA A. BAER Defendant(s). TO: CORY L. SHOTZBERGER July 27, 2006 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 CUMBERLAND COUNTY No. 05-1687 CIVIL TERM BARBARA A. BAER 28 MALLARD COURT 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 HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 137 SOUTH ENOLA DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $64,953.00 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 MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. v' 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 if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 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 may not be sold in the absence of a representative of the plaintiff at the Sheriff's 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 TRACT #I ALL THAT CERTAIN TRACT OR PARCEL OF LAND WITH THE BUH.DINGS.AND IMPROVEMENTS THEREON ERECTED SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY LINE OF ENOL DRIVE, WHICH POINT IS 45 FEET SOUTHWARDLY OF THE SOUTHWESTERLY CORNER OF PENN STREET AND ENOLA DRIVE; THENCE ALONG THE WESTERLY LINE OF ENOLA DRIVE, SOUTH 8 DEGREES EAST, 15 FEET TO A POINT, THENCE SOUTH 82 DEGREES WEST, 92 FEET TO A POINT; THENCE NORTH 8 DEGREES WEST, 15 FEET TO A POINT; THENCE NORTH 82 DEGREES EAST, 92 FEET TO A POINT, THE PLACE OF BEGINNING. BEING KNOWN AND NUMBERED AS 137 S. ENOLA DRIVE. SUBJECT TO THE RIGHT OF WAY AS RECORDED JANUARY 4, 1950 W THE OFFICE AFORESAID IN MISCELLANEOUS BOOK 91, PAGE 590. TRACT #2 ALL THAT CERTAIN TRACT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN SIDE OF SECOND STREET, SAID POINT BEING LOCATED FORTY- FIVE (45) FEET IN A SOUTHEASTERLY DIRECTION FROM THE SOUTHERN SIDE OF PENN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG THE SOUTHEASTERLY SIDE OF SECOND STREET A DISTANCE OF FIFTEEN (15) FEET TO A POINT IN LINE OF LOT NO.3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHEASTERLY DIRECTION A DISTANCE OF FIFTY-EIGHT (58) FEET TO A POINT IN LINE OF LANDS FORMERLY CONVEYED BY C. WALTER FOGELSANER TO MARIE A. MATHIAS; THENCE ALONG SAID LANDS IN A NORTHWESTERLY DIRECTION A DISTANCE OF FIFTEEN (15) FEET TO A POINT; THENCE IN A SOUTHWESTERLY DIRECTION ALONG LOT NO. 1, A DISTANCE OF FIFTY-EIGHT (58) PEET TO A POINT ON THE EASTERLY SIDE OF SECOND STREET, THE PLACE OF BEGINNING BEING THE REAR OF 137 S. ENOLA DRIVE AND BEING PART OF LOT NO. 2 IN THE REVISED PLAN OF LOTS LAID OUT BY THE HENRY BENDER ESTATE (EXTENSION OF ENOLA), RECORDED IN PLAN BOOK 1, PAGE 40. Parcel NO. 09-15-1291-124 TITLE TO SAID PREMISES IS VESTED IN CORY L. SHOTZBERGER A SINGLE MANand BARBARA A. BAER, A SINGLE WOMAN, AS TENANTS IN COMMON BY DEED FROM MICHAEL E. KING AND LAURA G. KING, H/W DEED DATED 4/15/03 RECORDED 4/17/03 IN BOOK 256 PAGE 2984 INSTRUMENT #2003-018508. Premises: 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 "?" -t7 T' C co I t Ca SALE DATE: MARCH 7, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-1687 CIVIL TERM VS. CORY L. SHOTZBERGER BARBARA A. BAER AFFIDAVIT PURSUANT TO RULE 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: 137 SOUTH ENOLA DRIVE, ENOLA, PA 17025. 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 parties 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. ra11j1A-UV1W4 DANIEL SCHMIEG, ESQUI Attorney for Plaintiff February 1, 2007 a r z th A W N O 00 -4 ON P ? o z C C ' A -e Q. ?? o z o q ? z o o '02 0 b o ° 0 O $ ni N 00 "'7 z a 'y r w b ? c `n Fri -V ? ? C) rL' g a v? V] N Q ? x z w < Q . ° m o m ° d d ? 06 o z . a ? a A , p gO n 0? m n O V Q Ch g 8 O O ' o g -gg, ?,? ty-+ p ig - b g O i ?3y5• N b7 a? ? -- ^ 1P? p?ST $ ' - ty p ? 3 G.•o 7 ??? NiNf Y BOYyES G g? IM 0 $01.9002 0009218010 AUG11 P $ 2006 ? MAILED FROM ZIPGODE 19103 _(2ull Am \ o?? A a. 5 A 1 ? O+ b 0 Nr a' C o' C vx o tea. tG 0 .A C n? .P- C? ° ? a J J 'd x r ?Z n r r b ?,, !~; c'? ?) " .? -r 1 _ ? ? ?`'? '__? , ii r -. ?'T`, ? '??,i ? ?? '?'-? __? - .? .. ?, . ! . . _ i ?' Mortgage Electronic Registration Systems, Inc. VS Cory L. Shotzberger and Barbara A. Baer In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1687 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on October 04, 2006 at 1807 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Cory L. Shotzberger, by making known unto Cory Shotzberger personally, at 137 South Enola Dr., Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Barbara A. Baer, but was unable to locate her in his bailiwick. He therefore returns the within Writ of Execution, Notice of Sale and Description as NOT FOUND as to the defendant, Barbara A. Baer. The defendant moved from her last known address of 28 Mallard Court, Mechanicsburg, Pennsylvania over two years ago per the current resident. Cpl Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2006 at 1105 hours., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Cory L. Shotzberger and Barbara A. Baer located at 137 South Enola Drive, Enola, Cumberland County, 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 defendant, to wit: Cory L. Shotzberger, by regular mail to his last known address of 137 South Enola Dr., Enola, PA 17025. This letter was mailed under the date of October 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Daniel Schmieg. Sheriff's Costs: Docketing 30.00 Poundage 21.43 Posting bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 26.40 Certified Mail 1.56 Levy 15.00 Surcharge 40.00 Law Journal 503.00 Patriot News 387.98 Share of Bills 15.94 Postpone Sale 20.00 $1,092.81 ? 3??+?b? So Answ R. Thomas Kline, Sheriff BY Real Estat ergeant A.- j46jz? MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, . V. CORY L. SHOTZBERGER BARBARA A. BAER . Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1687 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 ,137 SOUTH ENOLA DRIVE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name CORY L. SHOTZBERGER BARBARA A. BAER Last Known Address (if address cannot be reasonably ascertained, please indicate) 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 28 MALLARD COURT 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 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COLUMBIA NATIONAL, INC. 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 7142 COLUMBIA GATEWAY DRIVE COLUMBIA, MD 21046-2132 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 27, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. CORY L. SHOTZBERGER BARBARA A. BAER Defendant(s). TO: CORY L. SHOTZBERGER July 27, 2006 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 CUMBERLAND COUNTY No. 05-1687 CIVIL TERM BARBARA A. BAER 28 MALLARD COURT 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 HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 137 SOUTH ENOLA DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $64,953.00 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 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, 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 if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 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 may not be sold in the absence of a representative of the plaintiff at the Sheriff's 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 • TRACT #1 ALL THAT CERTAIN TRACT OR PARCEL OF LAND WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND 4.`OUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY LINE OF ENOL DRIVE, WHICH POINT IS 45 FEET SOUTHWARDLY OF THE SOUTHWESTERLY CORNER OF PENN STREET AND ENOLA DRIVE; THENCE ALONG THE WESTERLY LINE OF ENOLA DRIVE, SOUTH 8 DEGREES EAST, 15 FEET TO A POINT, THENCE SOUTH 82 DEGREES WES'T', 92 FEET TO A POINT; THENCE NORTH 8 DEGREES WEST, 15 FEET TO A POINT; THENCE NORTH 82 DEGREES EAST, 92 FEET TO A POINT, THE PLACE OF BEGINNING. BEING KNOWN AND NUMBERED AS 137 S. ENOLA DRIVE. SUBJECT TO THE RIGHT OF WAY AS RECORDED JANUARY 4, 1950 IN THE OFFICE AFORESAID IN MISCELLANEOUS BOOK 91, PAGE 590. TRACT 02 ALL THAT CERTAIN TRACT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN SIDE OF SECOND STREET, SAID POINT BEING LOCATED FORTY- FIVE (45) FEET IN A SOUTHEASTERLY DIRECTION FROM THE SOUTHERN SIDE OF PENN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG THE SOUTHEASTERLY SIDE OF SECOND STREET A DISTANCE OF FIFTEEN (15) FEET TO A POINT IN LIVE OF LOT NO. 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHEASTERLY DIRECTION A DISTANCE OF FIFTY-EIGHT (58) FEET TO A POINT IN LINE OF LANDS FORMERLY CONVEYED BY C. WALTER FOGELSANER TO MARIE A. MATHIAS; THENCE ALONG SAID LANDS IN A NORTHWESTERLY DIRECTION A DISTANCE OF FIFTEEN (I5) FEET TO A POINT; THENCE IN A SOUTHWESTERLY DIRECTION ALONG LOT NO. 1, A DISTANCE OF FIFTY-EIGHT (58) FEET TO A POINT ON THE EASTERLY SIDE OF SECOND STREET, THE PLACE OF BEGINNING BEING THE REAR OF 137 S. ENOLA DRIVE AND BEING PART OF LOT 00. 2 IN THE REVISED PLAN OF LOTS LAID OUT BY THE HENRY BENDER ESTATE (EXTENSION OF ENOLA), RECORDED IN PLAN BOOK 1, PAGE 40. Parcel No. 09-15-1291-124 TITLE TO SAID PREMISES IS VESTED IN CORY L. SHOTZBERGER A SINGLE MANand BARBARA A. BAER, A SINGLE WOMAN, AS TENANTS IN COMMON BY DEED FROM MICHAEL E. KING AND LAURA G. KING, H/W DEED DATED 4/15/03 RECORDED 4/17/03 IN BOOK 256 PAGE 2984 INSTRUMENT #2003-018508. Premises: 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 . . , . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1687 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 CORY L. SHOTZBERGER AND BARBARA A. BAER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $64,953.00 L.L. $.50 Interest FROM 7/27/06 TO 12/6/06 (PER DIEM - $10.68) -- $1,409.76 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $147.46 Other Costs Plaintiff Paid Date: AUGUST 8, 2006 CURTIS R. LONG Prothono (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 09 On August 21, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 137 South Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 21, 2006 By: , j A 1 & , ILkA? Real Estate Sergeant bfi :Z d 119AV 9001 ` f J ?,1 ? ju ? ': t C1 ?ti ,? 1 E J 1 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 duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. 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 facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. . PUBLICATION ....................... . ......l .. r. . ............................ COPY Sworn to and subs rib d bef me &yMhVlpi *ffA2fht (JY F'CftiCVW' SALE #9 Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County My Commission pires Ju 010 / M her. PP.nrrtsvlva a Associ ion f Notaries NOT. CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Tw Al: ALL THAT CEKfA)N fta or powd of land wd & b sad "'Ir-aftmem 90= aecmd srtmle aa'-East i nc6or0 TmmbiA Cmabwaw Coldly, de more Ply booed and as follows, to wit: Be&nin& at a paint on the wcstaiy, tiro of bola Dress, whiela past is 45 ka sou rrk aym of Pam Sbid and . Envois t woo sift the WON* line of Enola wait S dtpCs,eaa;, 15 feat to a point, tLe - -.dh,#Zom swsct. 92 fed to a point; thence nor& 8 d*= wdm, 15 faq to a poimm thmw north 82 degtpem oast, 92 Feet to a pcaatbv place of bVmo*- Bckg bon m4' as 137 S Ewh Drive. Subjed to 6e ri*of tiny aarcotded #apeamy 4,1950 in the offce.Baneaid ial>ar eeeaua Boak91, gorge 5960 Tract #2: ALL THAT CHUAIN tract of lead sites in Ent Pmaborp , C baimd , == more Bed at a' 'dam dmii Aide of Setioal wit, did " five (45) feet in a aoet trait from the soadtan side' S%de in a soe6* the die o! Saaed Smxeli f to a paint in line of-Lot No. 3:Qm Ow bmind a mmoomed plan off tt, Oem iata'tabfaiy daet? on a diapnce of t (59) bd to a point in 1* of b A ApiO ? by C. Wait it aol,e A thence along said in e * dnmctioe a d ftw of fibm (15) feat 4 a ptam 46ke in a soudmem* dimoc>?gp 4140 Lot No. I, a distatt?edO roe><p4a?Ramthe euwty tick of Seamrl the p$ae of =7*44M of iaolll in antbeittg pmt of Y a(Na s of Lela laid a¢ b?¢ lcsiomigm of 17025. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 20, October 27 and November 3, 2006 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. L-0,a Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006 NOTARIAL SEAL " LOIS E. SNYDER, Notary Public Carlisle Boro, Cumbedod Cow*J My Commisswn Expires March 5, 2008 REAL ESTATE SALE NO. 9 Writ No. 2005-1687 Civil Mortgage Electronic Registration Systems, Inc. vs. Cory L. Shotzberger and Barbara A. Baer Atty.: Daniel Sehmieg TRACT #I ALL THAT CERTAIN tract or par- cel of land with the buildings and improvements thereon erected situ- ate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point on the westerly line of Enol Drive, which point is 45 feet southwardly of the southwesterly corner of Penn Street and Enola Drive; THENCE along the westerly line of Enola Drive, South 8 degrees East, 15 feet to a point, THENCE South 82 degrees West, 92 feet to a point; THENCE North 8 degrees West, 15 feet to a point; THENCE North 82 degrees East, 92 feet to a point, the place of begin- ning. BEING known and numbered as 137 S. Enola Drive. SUBJECT to the right of way as recorded January 4, 1950 in the office aforesaid in Miscellaneous Book 91, Page 590. TRACT #2 ALL THAT CERTAIN tract of land situate in East Pennsboro Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows: BEGINNING at a point on the eastern side of Second Street, said point being located forty-five (45) feet in a southeasterly direction from the southern side of Penn Street; THENCE in a southerly direction along the southeasterly side of Sec- ond Street a distance of fifteen (15) feet to a point in line of Lot No. 3 on the hereinafter mentioned plan of lots; THENCE in a northeasterly di- rection a distance of fifty-eight (58) feet to a point in line of lands for- merly conveyed by C. Walter Fogelsaner to Marie A. Mathias; THENCE along said lands in a north- westerly direction a distance of fif- teen (15) feet to a point; THENCE in a southwesterly direction along Lot No. 1, a distance of fifty-eight (58) feet to a point on the easterly side of second street, the place of beginning. BEING the rear of 137 S. Enola Drive and being part of Lot No. 2 in the revised plan of lots laid out by the Henry Bender Estate (extension of Enola), recorded in Plan Book 1, Page 40. Parcel No. 09-15-1291-124. TITLE TO SAID PREMISES IS VESTED IN Cory L. Shotzberger a single man and Barbara A. Baer, a single woman, as tenants in com- mon by Deed from Michael E. King and Laura G. King, h/w Deed dated 4/15/03 recorded 4/17/03 in Book 256 Page 2984 Instrument #2003-018508. Premises: 137 SOUTH ENOLA DRIVE, ENOLA, PA 17025. ti- PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. . Plaintiff, V. No. 05-1687 CORY L. SHOTZBERGER BARBARA A. BAER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 07/28/06 - 03/05/08 (per diem -$10.68) Add' I Costs TOTAL $ 64,953.00 $ 6,269.16 and Costs $3,688.50 $ 74,910.66 N EL G. SC MIEG, ESOWKE- One Penn Center at Suburban Stati 1617 John F. Kennedy Boulevard, S- Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. i IMPORTANT NOTICE: This property is sold at the direction of-the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 114394 W ? O? a? a? z oW off w? as U ?A o? U? F? ?U 1N o ri o? Hw H a? w ?o H 0 D' C7 0 kn O C to G6+ Q W H V c.?.. a OG ? pWgC4 o O ? z w w? ? rn ? 0 Ha M a o h 94 '" ' - cn?U?s - o o w - oo p RAQMi IL THAT CERTAIN TRACT OR PARCEL OF LAND WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND BOUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY LINE OF ENOL DRIVE, WHICH POINT IS 45 FEET SOUTHWARDLY OF THE SOUTHWESTERLY CORNER OF PENN STREET AND ENOLA DRIVE; THENCE ALONG THE WESTERLY LINE OF ENOLA DRIVE, SOUTH 8 DEGREES EAST, 15 FEET TO A POINT, THENCE SOUTH 82 DEGREES WEST, 92 FEET TO A POINT; THENCE NORTH S DEGREES WEST, 15 FEET TO A POINT; THENCE NORTH 82 DEGREES EAST, 92 FEET TO A POINT, THE PLACE OF BEGINNING. BEING KNOWN AND NUMBERED AS 137 S. ENOLA DRIVE, SUBJECT TO THE RIGHT OF WAY AS RECORDED JANUARY 4, 1950 IN THE OFFICE AFORESAID IN MISCELLANEOUS BOOK 91, PAGE 590. TRACT #2 ALL THAT CERTAIN TRACT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN SIDE OF SECOND STREET, SAID POINT BEING LOCATED FORTY- FIVE (45) FEET IN A SOUTHEASTERLY DIRECTION FROM THE SOUTHERN SIDE OF PENN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG THE SOUTHEASTERLY SIDE OF SECOND STREET A DISTANCE OF FIFTEEN (15) FEET TO A POINT IN LINE OF LOT NO.3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHEASTERLY DIRECTION A DISTANCE OF FIFTY-EIGHT (58) FEET TO A POINT IN LINE OF LANDS FORMERLY CONVEYED BY C. WALTER FOGELSANER TO MARIE A. MATHIAS; THENCE ALONG SAID LANDS IN A NORTHWESTERLY DIRECTION A DISTANCE OF FIFTEEN (15) FEET TO A POINT; THENCE IN A SOUTHWESTERLY DIRECTION ALONG LOT NO. 1, A DISTANCE OF FIFTY-EIGHT (59) FEET TO A POINT ON THE EASTERLY SIDE OF SECOND STREET, THE PLACE OF BEGINNING _ BEING THE REAR OF 137 S. ENOLA DRIVE AND BEING PART OF LOT NO. 2 IN THE REVISED PLAN OF LOTS LAID OUT BY THE HENRY BENDER ESTATE (EXTENSION OF ENOLA), RECORDED IN PLAN BOOK 1, PAGE 40. Parcel No. 09-15-1291-124 TITLE TO SAID PREMISES IS VESTED IN CORY L. SHOTZBERGER A SINGLE MANand BARBARA A. BAER, A SINGLE WOMAN, AS TENANTS IN COMMON BY DEED FROM MICHAEL E. KING AND LAURA G. KING, H/W DEED DATED 4/15/03 RECORDED 4/17/03 IN BOOK 256 PAGE 2984 INSTRUMENT #2003-018508. Premises: 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. CORY L. SHOTZBERGER BARBARA A. BAER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1687 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () 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. F)ANIEL G. SCHMIEG, ESQ Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ; Plaintiff, V. . CORY L. SHOTZBERGER BARBARA A. BAER . Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1687 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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 ,137 SOUTH ENOLA DRIVE. ENOLA, PA 17025, 1. Name and address of Owner(s) or reputed Owner(s): Name CORY L. SHOTZBERGER BARBARA A. BAER Last Known Address (if address cannot be reasonably ascertained, please indicate) 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 28 MILLARD COURT 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 COLUMBIA NATIONAL, INC. COLUMBIA NATIONAL, INC. C/O JOSEPH A. GOLDBECK, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7142 COLUMBIA GATEWAY DRIVE COLUMBIA, MD 21046-2132 5000 MELLON INDEPENDENCE CTR. 700 MARKET STREET PHILADELPHIA, PA 19106 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. , 1 November 2, 2007 4 DATE ANIEL G. SCHMIEG, ESQ I Attorney for Plaintiff v-. '! 1 1? ?- 11 _ . ?(.s ?.,? l .._1 f?...,? w ?. ? w r MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. CORY L. SHOTZBERGER BARBARA A. BAER Defendant(s). CUMBERLAND COUNTY No. 05-1687 November 1, 2007 TO: CORY L. SHOTZBERGER 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 BARBARA A. BAER 28 MILLARD COURT 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 HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at 137 SOUTH ENOLA DRIVE ENOLA PA 17025, is scheduled to be sold at the Sheriff s Sale on MARCH 5, 2008 t 10:00 a:m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $ 64,953.00 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 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, 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. f 1 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sane. (See notice on page two on how to obtain an attorney.) YOU MA RIGHTS ERTY AND YOU HAVI E 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 if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 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 may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 r TRACT #1 ALL THAT CERTAIN TRACT OR PARCEL OF '!LAND WITH THE BUILDINGS .AND IMPROVEMENTS THEREON ERECTED SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND G`OUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WTr: BEGINNING AT A POINT ON THE WESTERLY INE OF ENOL DRIVE, WHICH POINT IS 45 FEET SOUTHWARDLY .OF THE SOUTHWESTERLY CORNER OF PENN?STREET AND ENOLA DRIVE; THENCE ALONG THE WESTERLY LINE OF ENOLA DRIVE, SOUTH 8 DEGREES "ST. 15 FEET TO A POINT, THENCE SOUTH 82 DEGREES WEST. 92 FEET TO A POINT; THENCE NORTH S DEGREES WEST, 15 FEET TO A POINT; THENCE NORTH 82 DEGREES EAST, 92 FEET TO A POINT, THE PLACE OF BEGINNING. BEING KNOWN AND NUMBERED AS 137 S. ENOLA DRIVE. SUBJECT TO THE RIGHT OF WAY AS RECORDED JANUARY 4, 19% IN THE OFFICE AFORESAID IN MISCELLANEOUS BOOK 91, PAGE 590. TRACT #2 ALL THAT CERTAIN TRACT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN SIDE OF SECOND STREET, SAID POINT BEING LOCATED FORTY- FIVE (45) FEET IN A SOUTHEASTERLY DIRECTION FROM THE SOUTHERN SIDE OF PENN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG THE SOUTHEASTERLY SIDE OF SECOND STREET A DISTANCE OF FIFTEEN (15) FEET TO A POINT IN LINE OF LOT NO.3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHEASTERLY DIRECTION A DISTANCE OF FIFTY-EIGHT (5s) FEET TO A POINT IN LINE OF LANDS FORMERLY CONVEYED BY C. WALTER FOGELSANER TO MARIE A. MATHIAS; THENCE ALONG SAID LANDS IN A NORTHWESTERLY DIRECTION A DISTANCE OF FIFTEEN (15) FEET TO A POINT; THENCE IN A SOUTHWESTERLY DIRECTION ALONG LOT NO. 1, A DISTANCE OF FIFTY-EIGHT (58) FEET TO A POINT ON THE EASTERLY SIDE OF SECOND STREET, THE PLACE OF BEGINNING _ BEING THE REAR OF 137 S. ENOLA DRIVE AND BEING PART OF LOT NO. 2 IN THE REVISED PLAN OF LOTS LAID OUT BY THE HENRY BENDER ESTATE (EXTENSION OF ENOLA), RECORDED IN PLAN BOOK 1, PACE 40. Parcel No. 09-15-1291-124 TITLE TO SAID PREMISES IS VESTED IN CORY L. SHOTZBERGER A SINGLE MANand BARBARA A. BAER, A SINGLE WOMAN, AS TENANTS IN COMMON BY DEED FROM MICHAEL E. KING AND LAURA G. KING, H/W DEED DATED 4/15/03 RECORDED 4/17/03 IN BOOK 256 PAGE 2984 INSTRUMENT #2003-018508. Premises: 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1687 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 CORY L. SHOTZBERGER & BARBARA A. BAER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $64,953.00 L.L. Interest from 7/28/06 - 3/05/08 (per diem - $10.68) -- $6,269.16 and Costs Atty's Comm % Atty Paid $1,261.77 Plaintiff Paid Date: 11/08/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $3,688.50 C rtis R. Long, Prothonota By: ??Irlko ? ' 4?1 IL Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Mortgage Electronic Registration Systems Inc. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Cory L. Shotzberger and Barbara A. Baer Writ No. 2005-1687 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 3.90 Prothonotary 2.00 Levy 30.00 Mileage 15.36 Surcharge 40.00 $17.1: Z%- so s: R. Thomas Kline, Sheriff BY Real Estate rgeant ? I`C _4r Y `O i ,1i?T- a MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC:. Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION CORY L. SHOTZBERGER BARBARA A. BAER Defendant(s). NO. 05-1687 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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 ,137 SOUTH ENOLA DRIVE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name CORY L. SHOTZBERGER BARBARA A. BAER Last Known Address (if address cannot be reasonably ascertained, please indicate) 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 28 MILLARD COURT 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 COLUMBIA NATIONAL, INC. COLUMBIA NATIONAL, INC. CIO JOSEPH A. GOLDBECK, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7142 COLUMBIA GATEWAY DRIVE COLUMBIA, MD 21046-2132 5000 MELLON INDEPENDENCE CTR. 700 MARKET STREET PHILADELPHIA, PA 19106 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 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 of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. November 2, 2007 (? ?! DATE ANIEL G. SCHMIEG, ESQ I Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. CORY L. SHOTZBERGER BARBARA A. BAER Defendant(s). CUMBERLAND COUNTY No. 05-1687 November 1, 2007 TO: CORY L. SHOTZBERGER 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 BARBARA A. BAER 28 MILLARD COURT 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 HAVE 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 ALIEN AGAINST PROPERTY. Your house (real estate) at, 137 SOUTH ENOLA DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriff s Sale on MARCH 5, 2008,at 10:00 a:m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $ 64,953.00 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 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, 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. 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 if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 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 may not be sold_ in the absence of a representative of the plaintiff at the Sheriff's 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 (717) 249-3166 (800) 990-9108 TRACT #1 ALL THAT CERTAIN TRACT OR PARCEL OF LAND WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY LINE OF ENOL DRIVE, WHICH POINT IS 45 FEET SOUTHWARDLY OF THE SOUTHWESTERLY CORNER OF PENN STREET AND ENOLA DRIVE; THENCE ALONG THE WESTERLY LINE OF ENOLA DRIVE, SOUTH 8 DEGREES EAST, 15 FEET TO A POINT, THENCE SOUTH 82 DEGREES WEST, 92 FEET TO A POINT; THENCE NORTH 8 DEGREES WEST, 15 FEET TO A POINT; THENCE NORTH 82 DEGREES EAST, 92 FEET TO A POINT, THE PLACE OF BEGINNING. BEING KNOWN AND NUMBERED AS 137 S. ENOLA DRIVE. SUBJECT TO THE RIGHT OF WAY AS RECORDED JANUARY 4, 1950 IN THE OFFICE AFORESAID IN MISCELLANEOUS BOOK 91, PACE 590. TRACT #2 ALL THAT CERTAIN TRACT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN SIDE OF SECOND STREET, SAID POINT BEING LOCATED FORTY- FIVE (45) FEET IN A SOUTHEASTERLY DIRECTION FROM THE SOUTHERN SIDE OF PENN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG THE SOUTHEASTERLY SIDE OF SECOND STREET A DISTANCE OF FIFTEEN (15) FEET TO A POINT IN LINE OF LOT NO. 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHEASTERLY DIRECTION A DISTANCE OF FIFTY-EIGHT (58) FEET TO A POINT IN LINE OF LANDS FORMERLY CONVEYED BY C. WALTER FOGELSANER TO MARIE A. MATHIAS; THENCE ALONG SAID LANDS IN A NORTHWESTERLY DIRECTION A DISTANCE OF FIFTEEN (15) FEET TO A POINT; THENCE IN A SOUTHWESTERLY DIRECTION ALONG LOT NO. 1, A DISTANCE OF FIFTY-EIGHT (58) FEET TO A POINT ON THE EASTERLY SIDE OF SECOND STREET, THE PLACE OF BEGINNING BEING THE REAR OF 137 S. ENOLA DRIVE AND BEING PART OF LOT NO. 2 IN THE REVISED PLAN OF LOTS LAID OUT BY THE HENRY BENDER ESTATE (EXTENSION OF ENOLA), RECORDED IN PLAN BOOK 1, PACE 40. Parcel No. 09-15-1291-124 TITLE TO SAID PREMISES IS VESTED IN CORY L. SHOTZBERGER A SINGLE MANand BARBARA A. BAER, A SINGLE WOMAN, AS TENANTS IN COMMON BY DEED FROM MICHAEL E. KING AND LAURA G. KING, H/W DEED DATED 4/15/03 RECORDED 4/17/03 IN BOOK 256 PAGE 2984 INSTRUMENT #2003-018508. Premises: 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-1687 Civil COUNTY OF CUMBERLAND) CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYS'I'Ems, INC., Plaintiff (s) From CORY L. SHOTZBERGER & BARBARA A. BAER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to of for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a ,arnishee and is enjoined as above stated. Amowrt Due $64,953.00 L. L. Interest from 7/28/06 - 3/05/08 (per diem - 510.68) -- $6,269.16 and Costs Atty's Comm % Due Prothy 52.00 Any Paid $1,261.77 Other Costs $3,688.50 Plaintiff Paid Date: 11/08/07 ?C utis R. Long, Prothonot y (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN S SCHMIEG , LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SU ITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #51 On November 27, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 137 South Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference.': ; incorporated herein. Date: November 27, 2007 By: Real statt?'ergeant