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HomeMy WebLinkAbout06-6939PHELAN 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 142682 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 V. ROBERT L. ERB SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS 2 ANDES DRIVE MECHANICSBURG, PA 17055 Plaintiff Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.O q 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 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 Al A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 142682 ? w 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 k 142682 Plaintiff is CHASE HOME, FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT L. ERB SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS 2 ANDES DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/07/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR SIB MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1841, Page: 1227. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. 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 03/01/2006 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 #: 142682 6. The following amounts are due on the mortgage: Principal Balance $103 784 42 Interest , . 02/01/2006 through 11/30/2006 5,063.13 (Per Diem $16.71) Attorney's Fees Cumulative Late Charges 1,325.00 10/07/2003 to 11/30/2006 286.77 Cost of'Suit and Title Search Subtotal 550.00 $ 111,009.32 Escrow Credit 0 00 Deficit Subtotal . 831.55 831.55 TOTAL $ 111,840.87 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. 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 $ 1 1 1,840.87, together with interest from 11/30/2006 at the rate of $16.71 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 l p?l:C? By: /s/Francis S. Halligan LAWRENCE T. PHELAN, ESQUIRE, FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 142682 LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel or tract of land with improvements thereon erected situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point of intersection of the northern line of Andes Drive and the western line of Cascade Road as shown on plan of Section 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-Two Hundredths (129.42) feet to a point; thence in a westerly direction along the southern line of Lots 2 and 3 on a plan of Section 1, 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 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 Lot No. 18, Plan of Section 2, Mt. Allen Heights, said plan recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Plat Book 12, Page 16. BITING THE SAME PREMISES WHICH Jeanne M. Turner and Sondra K. Erb and Robert L. Erb by Deed dated August 17, 2002 and recorded August 22, 2002 in Deed Book 253, Page 1320 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Jeanne M. Turner, Sondra K. Erb and Robert L. Erb Grantors herein. PROPERTY BEING: 2 ANDES DRIVE HIQ #; 142682 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his 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: / flJ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff C) C a= C= O Ql) OV) 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 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. ROBERT L. ERB SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS CIVIL DIVISION NO. 06-6939 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. ERB and SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS, 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 12/1/06 to 1/11/07 TOTAL $111,840.87 $701.82 $112,542.69 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. kaxm? DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PR ROTHY 142682 PHELAN 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 CHASE HOME FINANCE LLC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY ROBERT L. ERB SANDRA K. ERB A/K/A SANDY ERB A/K/A : NO. 06-6939 SANDRA K. EVANS Defendants TO: ROBERT L. ERB FILE 2 ANDES DRIVE COPY MECHANICSBURG, PA 17055 r DATE OF NOTICE: DECEMBER 2Z 2006 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, 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 CHASE HOME FINANCE LLC Plaintiff Vs. ROBERT L. ERB SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS Defendants COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-6939 TO: SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS 2 ANDES DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: DECEMBER 27, 2006 "/If 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 -&,? .? • 0-ap-, 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 CHASE HOME FINANCE LLC Plaintiff, V. ROBERT L. ERB SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6939 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 ROBERT L. ERB is over 18 years of age and resides at, 2 ANDES DRIVE, MECHANICSBURG, PA 17055. (c) that defendant SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS is over 18 years of age, and resides at, 2 ANDES DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. L2M.a.j H. Adimn I DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff b -ca ro N mac`' - a --< N " G PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE HOME FINANCE LLC Plaintiff, V. , No. 06-6939 ROBERT L. ERB , SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS , Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/11/07 to 6/13/07 (per diem -$18.50) $112,542.69 $2,830.50 and Costs TOTAL $115,373.19 DANIEL G. SCHMIEG, ESQUIRE 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 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. 142682 L,JC LL 6 L4 LL- 0 oZ d? o? ?a O? p0 ?U U? xW H? ?v 7 C,? CV w? rA d w a o A ? ? U V w? 0 W ? A 3 ? w U A tj. o w a?.a c? as pA ?d N N tj ?r ZA r,n 45 o. s a 11 4 v WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6939 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, Plaintiff (s) From ROBERT L. ERB AND SANDRA K. ERB A/KIA SANDY ERB A/K/A SANDRA K. EVANS (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 $112,542.69 L.L. $.50 Interest FROM 1/11/07 TO 6/13/07 (PER DIEM - $18.50) - $2,830.50 AND COSTS Atty's Comm % Atty Paid $136.56 Plaintiff Paid Date: JANUARY 12, 2007 Due Prothy $1.00 Other Costs Curs R. Long, Pr ota (Seal) 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 By: Deputy 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 CHASE HOME FINANCE LLC Plaintiff, V. ROBERT L. ERB . SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS . Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6939 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: () 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. DANIEL G. SCHMIEG, "ESQUIRE Attorney for Plaintiff C? ? a r • , _ ? e ry '? r? - CHASE HOME FINANCE LLC CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS ROBERT L. ERB CIVIL DIVISION SANDRA K. ERB A/K/A SANDY ERB NO. 06-6939 A/K/A SANDRA K. EVANS Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CHASE HOME FINANCE LLC, 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, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name ROBERT L. ERB SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS Last Known Address (if address cannot be reasonably ascertained, please indicate) 2 ANDES DRIVE MECHANICSBURG, PA 17055 2 ANDES 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 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG 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 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 2 ANDES DRIVE MECHANICSBURG, PA 17055 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 unworn falsification to authorities. January 11, 2007 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff n ? Z ? ? rtl E-7 - i n C 4 •! CHASE HOME FINANCE LLC Plaintiff, V. ROBERT L. ERB SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS Defendant(s). TO: ROBERT L. ERB January 11, 2007 2 ANDES DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 06-6939 SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS 2 ANDES DRIVE MECHANICSBURG, PA 17055 * *TH1S 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 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 JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $112,542.69 obtained by CHASE HOME FINANCE LLC (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. 3 • _y 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 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 . -4 V F LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel or tract of land with improvements thereon erected situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point of intersection of the northern line of Andes Drive and the western line of Cascade Road as shown on plan of Section 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-Two Hundredths (129.42) feet to a point; thence in a westerly direction along the southern line of Lots 2 and 3 on a plan of Section 1, 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 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 Lot No. 18, Plan of Section 2, Mt. Allen Heights, said plan recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Plat Book 12, Page 16. UNDER AND SUBJECT to any and all covenants, conditions, reservations, restrictions, limitations, right of ways, objections, easements, agreements, etc., as they appear of record. PARCEL # 42-28-2421-281 PREMISES BEING: 2 ANDES DRIVE, MECHANICSBURG, PA 17055. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Sondra K. Erb and Robert L. Erb, wife and husband, by Deed from Jeanne M. Turner, single woman and Sondra K. Erb and Robert L. Erb, wife and husband, dated 07/23/2003, recorded 07/29/2003, in Deed Book 258, page 1826. c ' ? ? O ? ? +t^" fir. f . i, r' ? ?Tl ice. y ?? ? ? ?ti ?_ _: {"Y1 ?? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE HOME FINANCE LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. ROBERT L. ERB SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS NO. 06-6939 Defendant(s). DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS, FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU 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." Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: ?Ik If you have any questions concerning this matter, please contact: SHERIFF'S RETURN - REGULAR CASE NO: 2006-06939 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS ERB ROBERT L ET AL RICHARD SMITH Sheriff or Deputy Sheriff f Cumberland County,Pennsylvania, who being duly sworn acco ping to law, says, the within COMPLAINT - MORT FORE was served upo j r-inn r) "NnL1nT T the DEFENDANT , at 1900:00 HOURS, on the 6th day of Dec at 2 ANDES DRIVE MECHANICSBURG, PA 17055 by handing to KRISTEN BISKER, DAUGHTER a true and attested copy of COMPLAINT - MORT FORE tog er , 2006 her with and at the same time directing Her attention to the Conte' s thereof. Sheriff's Costs: Sworn and Subscibed to before me this day of , Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 „/ 3 8 . 5 6 ` ???3/67 So Answers: R. Thomas Kline 12/07/2006 PHELAN HALLINAN C IEG By. Deputy Sheri A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06939 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS ERB ROBERT L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff Cumberland County,Pennsylvania, who being duly sworn acco says, the within COMPLAINT - MORT FORE was served upc ERB SANDRA K AKA SANDY ERB AKA SANDRA K EVANS DEFENDANT , at 1900:00 HOURS, on the 6th day of Dec at 2 ANDES DRIVE MECHANICSBURG, PA 17055 by handing to KRISTEN BISKER, DAUGHTER a true and attested copy of COMPLAINT - MORT FORE ng to law, the r , 2006 togotpher with and at the same time directing Her attention to the contertjs thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 4-4' --*V V V 11A 31b -7 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/07/2006 PHELAN HALLINAN HMIEG By: / bj eputy Sher A. D. rt w Chase Home Finance LLC VS Robert L. Erb and Sandra K. Erb a/k/a Sandy Erb a/k/a Sandra K. Evans In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-6939 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 2335.72 Law Library .50 Prothonotary 1.00 Levy 15.00 Advertising 15.00 Mileage 10.56 Share of bills 16.17 Surcharge 30.00 $2453.95 So Answer : R. Thomas Kline, Sheriff Real Estate ergeant 1/ 6,laa/#1 1 4 -7 1,9q J'YO 10 CHASE HOME FINANCE LLC CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS ROBERT L. ERB CIVIL DIVISION SANDRA K. ERB A/K/A SANDY ERB NO. 06-6939 A/K/A SANDRA K. EVANS Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CHASE HOME FINANCE LLC, 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, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name ROBERT L. ERB SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS Last Known Address (if address cannot be reasonably ascertained, please indicate) 2 ANDES DRIVE MECHANICSBURG, PA 17055 2 ANDES 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) Y 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG 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 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 2 ANDES DRIVE MECHANICSBURG, PA 17055 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. January 11, 2007 "?Qm ia 44'?O DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff .r . so CHASE HOME FINANCE LLC Plaintiff, V. ROBERT L. ERB SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS Defendant(s). TO: ROBERT L. ERB SANDRA K. ERB 2 ANDES DRIVE A/K/A SANDY ERB MECHANICSBURG, PA 17055 A/K/A SANDRA K. EVANS 2 ANDES DRIVE MECHANICSBURG, PA 17055 January 11, 2007 "THIS FIRMIS 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 OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 2 ANDES DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment of $112,542.69 obtained by CHASE HOME FINANCE LLC (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. CUMBERLAND COUNTY No. 06-6939 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. 4? . 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 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 o. LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel or tract of land with improvements thereon erected situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point of intersection of the northern line of Andes Drive and the western line of Cascade Road as shown on plan of Section 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-Two Hundredths (129.42) feet to a point; thence in a westerly direction along the southern line of Lots 2 and 3 on a plan of Section 1, 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 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 Lot No. 18, Plan of Section 2, Mt. Allen Heights, said plan recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Plat Book 12, Page 16. UNDER AND SUBJECT to any and all covenants, conditions, reservations, restrictions, limitations, right of ways, objections, easements, agreements, etc., as they appear of record. PARCEL # 42-28-2421-281 PREMISES BEING: 2 ANDES DRIVE, MECHANICSBURG, PA 17055. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Sondra K. Erb and Robert L. Erb, wife and husband, by Deed from Jeanne M. Turner, single woman and Sondra K. Erb and Robert L. Erb, wife and husband, dated 07/23/2003, recorded 07/29/2003, in Deed Book 258, page 1826. ' e ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6939 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, Plaintiff (s) From ROBERT L. ERB AND SANDRA K. ERB A/K/A SANDY ERB A/K/A SANDRA K. EVANS (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 $112,542.69 L.L. $.50 Interest FROM 1/11/07 TO 6/13/07 (PER DIEM - $18.50) - $2,830.50 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $136.56 Other Costs Plaintiff Paid Date: JANUARY 12, 2007 (Seal) 4 C s R. Long, Pr o 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 call) GR) Real Estate Sale # 17 On January 29, 2007 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, Upper Allen Township, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 29, 2007 By: SMA, ?jeot ( Real Estate Sergeant It .G ci b 1 l,Iv'r Mz PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Chase Home Finance LLC Plaintiff VS. Robert L. Erb Sandra K. Erb, a/k/a Sandy Erb, a/k/a Sandra K. Evans Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-6939 CIVIL TERM Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued ended without prejudice. Date: Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 142682 -a F 04 wc:w o ; s- Ln