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HomeMy WebLinkAbout03-3054MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. LYNN L. LIBBY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 atter the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUIviBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FOR/viA ESCKITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICI]?ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DEC1DIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff ¥S~ LYNN L. LIBBY, Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The mount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. LYNN L. LIBBY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, herein after referred to as MERS, is the owner of legal title to the Mortgage subject to the Mortgage to this action and nominee for Washington Mutual Bank, FA, which is the owner of the entire beneficial interest in the Mortgage, with an address of P.O. Box 1169, Milwaukee, Wisconsin 53224. 2. Defendant, LYNN L. LIBBY, is an adult individual, whose last known address is 919 THORNTON DRIVE, MECHANICSBURG, PENNSYLVANIA 17055. o On or about, November 17, 2000, the said Defendant, executed and delivered a Mortgage Note in the sum of $89,200.00 payable to NORTH AMERICAN MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to MORTGAGE ELECTRONIC REGISTATION SYSTEMS, INC., a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1665, Page 639 conveying to original Mortgagee the subject premises. Mortgage Electronic Registration Systems, Inc. is acting solely as nominee for Washington Mutual Bank, FA its Successors and Assigns. The Said Mortgage is attached hereto as Exhibit "B". 5. The land subject to the Mortgage is: 919 THORNTON DRIVE, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exh/bit "C" attached hereto. 6. The said Defendant is the real owner of the property. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on December 01, 2002 and ail subsequent installments thereon, and the following mounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $18.91 per day From 11/01/2002 To 07/01/2003 ( based on conlract rate of 7.875%) Accumulated Late Charges Late Charges $32.34 From 12/01/2002 to 07/01/2003 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $87,681.13 $5,162.43 $257.06 $291.06 $72.62 $4,384.06 $97,848.36 **Together with interest at the per diem rate noted above after July 01, 2003 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiffhas complied with the procedures required by Pennsylvania act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.875% ($18.91 per ~ em), together with other charges and costs including escrow advances incidental thereto to the da(e ~f~s ale and for foreclosure and saie of the property within described. ~~J~ ~ ~- Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) HO4 NOTE STEELTON I. BORROWER'S PROMISE TO PAY la return for a loan that I have rt~elved, I pr°miae lo PaY US. $ e0,200.00 (thia amour· ia called "prlncyal"),plusLqte~est, lotheorderoith=Le~der. TheLead~ia NORTH .~IERICAN MORTGAGE COMPANV . I underste~ that the Le~der may lra~fer this Note. The Lender or anyone who ~ this Note by transfer aad who is entitled m payments under this Note is called t~e "Note Holder." 2. INTEREST Intza-eat wlil be charged oa unpaid principal t~util the full amount of prii~ipal has been paid. l will pay interest at · 6(B) of this Nole. (A) Time and Pla~e of Paymente I will par priueipd ·ad Lqter~ by making paTmente ev~a-y 2001 , I will make theae paymeats every month until I have pald all of the prLqcip~d and Lqtsrest and any other charges described below that I may owe trader this Note. My monthly paymente will be applied to interest before principal. that date, which is called the 'Matorlty Da~." or at a different place if required by the Note Holder. (B) Amount of Monlhly Payments My monthly payment will be in the amouat of U.S. $ aha. 7 7 4. BORROWER'S RIGHT TO PREPAY I have th~ Hght to make paymems of IxLqcipal at ~ tlm e before they are du~ A payment ol l~Lqcipal ~ is known as a "prepayment." Wbe~ I make a pr~aym eat, ! will tell the Note Holder Lq wrigag that I sm doing so. I may make a ~ prepayment or partial In-~ymeata without paying any prepayment charge. The Note Holder will uae all of my prega},m~ts to reduce the amoimt of prla~ipal that I owe unde~ thia Note. If I make a l:ai'tial prel~ayment' there will be no cballge8 m the due date or in the arnotmt of my mofltigy payment uole~ ~ I~ote Holder agr~e~ in writing to those If a law, which applies to this Joan sad which sots maximum lea· eharge~ is finally Lq ..ten-k. so that th-~ interest or other loan charge~ ~ollec~d or to be colie~tsd in conue~don with this loan ea~eed the permitted broils, than: (i) any auch loan charge shall be ~duc~d by the amount ..ne~a~ry.. to.red,ce the charge to the permitted limit; and (ii) an.v sums air, dy colleuttd from me which ea~edad pe~ai~ted limits ~nll be r~unded to me. The Note Holder may cho~e to make this by r~du~ing the principal I owe under this No:e or by making a dlr~c~ payment lo me. If a refund redu~e~ prhx~pai, tie 6. BORROWER'S I~AILLTR~ TO PAY Ag REQUIRED (A) Late Charge for Overdue If the Note Holdar i~as rout received the lull amouat of any monthly paymeut by the end of ~ caleadar days aftsr the date it ia due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0 ~ of ray overdue payment o~ prinoipal and Lqterast- I will pay this late charge promptly but ouly once on each late paymaut. (B) I~ault If ! do aot ~ly ~ [tgi amol~lt o~ each monthly payment on the date it is thru, I will be Lq (C) Notice of Default l~ I am in ~ault, the Note Holder may send me ~ wrlt~ riotic~ tellLq~ file that if I cio l~ot pay th~ ovm-due amount by certeLq date, the I~ots Holder rnay reql~e me to pay immediately the full amount of prLqclpaJ which has out been paid gad ..... ' ;":':a Iilillllllll Iilimll [~I] (~T7 axoo8gxo09I) 7. GIVING OF NOT1CF.,S U~le~ &ppllc~ble law ~ a ~ff~t m~, ~y n~ ~t m~ ~ ~ ~ me ~ 8. OBLIGA~ON~ OF PE~ONS U~ T~ NO~ . ~ m~ ~ ~ ~ ~ ~ N~ ~h ~n is ~ly ~d ~ly.obli~ ~ k~ ~l of ~ ~mi~ ~ ~ 10. ~SB~D mm~ in ~ ~. ~t ~ ~m~t ~ h~ ~ ~ ~t ~fi~ I may ~ ~ is ~M~ by f~l lnw ~ of ~ ~ ~ ~ S~ty WITNESS TH~ HAND(S) .aND I~.L(S) OF THB UNDBRSlGNED. WITHOUT RECOURSE, PAY TO THE ORDER OF (s~d) (s~) Ferm 3~ 17.~E3 [~'[] (ggTq- gxOO8~xO09I) nX.~L~gmt~ ROBERT p.~IEG~EE- REOOROER OF DEEDS Gu~BERL~D C0DNTY-P~ 'O1J N 9 RIO O [Space AIx~vo This L~n~ For RecordLng Data] ~.o. sox soso3~ PETAL~. CA 94075-8031 MORTOAOB ~ MORTGAGE (~ ~m~t') ~ m~ on ~V~ER 17. Z000 , ~e ("Borrower"). This Securi~ I~h'ume~t is ~iv~ to Mortgage Hlech-onlc Reglst~fion Systems, Inc. ("~") (~l~y ~ norm for ~, ~ h~ ~m~ and ~d~'s ~ a~ ~), ~ m~. ~S is or~i~ ~ ~ ~ ~ laws of ~law~ ~d ~ ~ a~ and ~hono num~ of P.O. ~z ~, ~, ~ ~l~, ~. (S~) 6~. [£] THE L~GAL DESCRIPTION I$ ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF, wh~ch~ea~of 91g THORNTON DRIVE MECHAN I CI~BURG PA 17DEE TOG]~R WITH elf the improvements now ~ ~ ~ ~ ~e ~, ~ ~] ~, a~, ~d f~ ~w or ~ a ~ of ~ ~, ~ ~ by ~s ~ ~m~ All ~e f~ is ~ ~ ~ ~ ~ I~m~t ~ ~c "~.' ~ ~ if n~ ~ ~p]y ~ law or mm, ~ ( ~ n~i~ ~m~ of ~ ~ ~ ~m~ u~ ~ for ~fi~ ~ CO~. ~ ~ ~ eo~t ~ ~ ~ I. Paym~t of ~1 ~d ~; ~ymcnt ~d ~te ~g~. B~ ~1 ~m~y ~y wh~ d~ · e ~nci~ ~ ~ in~ ~ ~ ~ e~n~ ~ ~e No~ ~d ~ pr~ym~t and ~te No~, Z P~ds for T~ and ~n~. Sub~ ~ a~li~e law ~ ~ f~ (a) y~ly ~ ~d ~ w~ch ~y ~ ~ o~ ~s ~ m~ ~ ~u~ ~ i~ ~ ~1~ '~w l~s.' ~ may, nt ~y ~ ~H~t ~ hold F~ ~ ~ amour n~ m ~ ~ m~m~ ~o~t n 1~ for ~ f~ly m fim~ 12 U.8.C.~0] ~ ~. ('~A"), ~ mo~ law ~t a~m · e amo~t ~ ~ ~ ~ ~ ~ o[ ~t ~ and ~ble ~ms~ ~ o~ ~ a~ wi~ ~li~M~ law. ~e ~ ~1 ~ ~d in ~ i~t~ wh~ ~m ~ ~ by a ~fl a~, i~i~, ~ ~ty m ~y ~ ~w l~& ~ may ~ ~ ~w~ for ~ ~ ~w ~ ~ ~fy~g ~ ~w ~ u~ ~ ~ ~w~ in~ ~ ~e ~ ~ a~$1e law ~ ~ ~ m~e ~h a c~. H~, ~ may ~ ~ i~t ~ ~ ~x ~ ~ ~ by ~ ~ ~ ~ ~s 1~, ~ a~i~e law ~i~ ~i~. U~ ~ ag~ ~ ~de ~ a~li~e law ~ ~t~ m ~ ~ ~n~r ~I ~t [~] (g~T~ ~xoo8gxo09I) nXg~LUg~IM 1~ required to pay Borrower my ln~res~ or ~ on ~e ~ ~w~ sad ~ may a~ in of ~e P~, ~win~ cr~ a~ ~M~ ~ ~ F~s ~ ~e ~ f~ wMch ~h ~Mt ~ t~ ~ w~ m~e. If ~ Funds held b~ ~ ~ ~e ~o~ ~i~ ~ ~ h~d by s~li~bl~ law, ~ ~I a~t ~w~ f~ ~e exc~ ~ in ~ ~ ~ ~ ~ a~i~bl~ taw. H ~e ~ount of ~e P~ ~d ~y ~ ~d by ~. ~, ~ ~ 21, ~ ~ll ~re ~ ~1 ~c ~y, ~, ~ to ~e t. A~tion of Payment. U~ a~i~ble law ~ ~i~, ~ ~ym~m ~v~ by ~a~ I ~d 2 ~ ~ ~1~ ff~ ~ ~y ~ym~t ~ d~ ~ ~e No~ ~n~ ~ amo~ ~yable 4. ~; L~. ~w~ ~1 ~y ~I ~ ~ c~ fi~ ~ im~ at~bmMe ~y wMch may a~ ~ o~ ~s ~ I~ ~d [~Id ~ym~ ~ ~d r~, ~ any. ~o~ ~ ~ ~d ~ ~S ~ ~ ~w~ m~ ~ ~m~ ~y, B~w~ ~ ~m~y f~ ~ m~ns ~ llm ~ ~ ~ ~m~ If ~ d~n~ ~t ~y ~ of ~ P~ ~ ~b~ ~ a ii~ wMch may a~n ~ ov~ ~ S~ l~m~ ~ may gi~ ~w~ a ~ce i~n~ ii~. ~w~ ~l m~y ~e li~ ~ ~e ~ ~ m~ ~ ~e ~ ~ f~ a~ ~n I0 ~ys ~ 5. Hazard or Pr~y ~su~nce. ~ ~l ~ ~o Jm~ ~ ~ ~ ~ ~ P~ i~ ~ 1~ ~ fi~, ~ in~ wi~ ~ ~ '~ cove' and ~y o~ i~l~ fl~ or fl~, f~ which ~ ~ ~ ~s i~ s~[ ~ ~ ~ ~ ~o~ ~b~ ~ ~'s a~ which ~1 not ~ ~bly wished. ~ ~w~ [~s ~ m~n~n ~ ~ ~ ~ fight ~ ~ld ~ ~ ~d ~ If ~ ~, ~ ~ ~y · e ~ ~ ~d ~. ~ may m~ ~ ~ I~ if n~ ~o ~m~iy ~ ~w~. [~] (~ ~xoo8Exo09I) AxT£~Z~ Properly, or do~s not answer wirhin 30 days & no,ice from ~ ~t ~e i~ ~= ~ off~ ~ ~e a [9] (~T~ Exoos~xo09I) pcr~od that Lender ~equi~c~) provifiecl by an ~nsuref approved by Lench~ again Ix~o~e~ Bon-owe~ shall pay the p~mi~ms vequh~d to mainta~z~ morip~ insurance ~ ~, m~i~ by ~ fofl~ f~ (a) ~e ~ am~t of ~ sums ~ imm~ly ~ (b) ~e f~ m~k~ v~ of ~ P~ imm~a~y ~ ~ ~g, ~y ~ n~ is ~ ~ is a~ ~ ~ll~ a~ a~ly ~ ~ at im o~ ~ ~ ~ ~ ~ of ~ ~ or ~ ~ ~s ~ ~ ~s ~ ~ wh~ ~ ~ ~ d~. U~ ~ ~ ~w~ ~ ~ in w~fi~, ~ a~m~ of ~ m ~nfi~ ~1 ~t ~d or ~ ~ ~ I% ~'s ~ ~ a~ ~1 ~ ~ut ~ ~. ~ B~ who m~, ~t ~d ~ ~t ~s ~ in ~ P~ ~ ~e ~ of ~ ow~ ~ ~e No~ ~ by [£] (~T; ~xoo8gxo09l) ~X=LE~mM making a dire=t payment to Bo~ower. If a refund roduc=s prindpal, tho reduction will be treated as a par~ai 14. Notices. Any notice to Bormwe~ ix-ovldcd for in this Security Instrome=t shall be given by deJiveri~g it or by as provided in this .~clsdlctlon in which the Property is loc~e,~ in the event tha~ ~y lx~on of chu~ of this S~H~ Ia~rvment or Note which can be given ~/~ect wi~ho~ the confl/cting p~v/dom To this end the ~ov/don~ of this 17. Transfer of ~ho Property o~ a B~ndicial Inte~st/n Borrower. If ali or any ~ of ~ l~-opar~ intefes~/n it ls sold of t~ande~l (or if a be~eflclai intcres~ in Bo~ower is sold ce ~andef~ed and Borrower is not natural person) w/~o~ Lender's pr/or wr/t~en consent, Lend~ may. at its option, ~qu/~e immed/ate I~yment/n full l~-oMl~ted by ~ law as of ~he dal~ of thla ~ecud~7 Instrument. If Lsnda~ exm-claez this Ol~On, Lt~da~ shall give Borrower notice of accd~atinn. The notice shall l~OVido a period securod by th~s $ecu~y hsm~ment. If Borrower fails to pay these sums prior to the expiration o~ this pcdod, Bo~owe~. enforc~nent of this Secu~ty lnst~-um~nt discontinuod at any t~mo p~or to Lbe e~rli~ off (a) 5 days {or such other period as applicable law may specify for re.statement) be~o~e sale of the Propen'y pmsuant to an)' pow~ of sale conte~ed in ~ Security Instrument; o~ (b) entr7 of s judgment enforcing this Secu~ty lnstxu~ent. Thoze conditions if no acceleration had occur~ (b) cures any default of any other covey, ants or agreements; (c) pays ail expcozes i~ in enfo~ing this Securi~7 lnstnm~ent, inclod~g, but not limited to, reasonable attorneys* fec~ and (d) Property and Ikrcrowe~'s obligation to pay tbe sums ~=urod by th~ S~u~7 ~nstrument shall continue unobengvd. Upon rains~temcnt by Borrowor, this Security Inz~ument and the obli~tions scoured h~reby shall remain fully und~ pm-ngraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial L~terest ~n ~e Note (togethar with this change of the loan Sm-vlco~, ]~-owet will be given written notice of the change in accon~lance with paragraph 14 a~ov= and applicabl~ hiw. The noti=e ~ s~tte ~he name and ~ of the new Loa~ Sm-vlcer an¢l the nddr~s to which payments should be made. The notice w~l also contain any ot~r information r=qui~cl by applicable law. any Haznrdous Sub~anc~ on or in the Property. Borrowe~ shall not do, ~' allow ~nyone else m do, anything affecting the pmparty that is in violation of any Eaviro~mentai Law. The ~ two szntences shall not apl~y to the FORM 3039 9/90 [8] the property is located that ~late to h~Ith, safety o~ environ.mental prc~ectlon. NON-UNIfORM COVENAiVI'S. Borrow~ and ~ ~ covenant and agree as follows: 24. Reinstatement Period. Bon*ow~'s t~me to reinstate provided in paragraph 18 shall extend to one hot~ prior 25. P~rchase Money Mo~tp~e. If any of the debt secured by this Sccu~ty Instrument is lent to Borrower to Sec~ty In~ent. [Check applicable box(es)] aoo :l. G65 m ,645 [6] (ggT~ ~xoo8~xo09I) 1-4 Family P3de~ Biweekly l~yme~t R/cle~ Se~nd Home R/dml' and in ~my rid~(s) ex~--ut~ D/l~'row~' nnet rc~o~cl with it (~) [Sl~ce Below ~ Line ~ Aclmowledgrae~fl COMMONWEALTH~.F PENNSYLVANIA, 7-T:XL.'_':D COUNTY SS: On this, the ]~-~day of ~0~/~2~' ,~)DC~ before me, thc und~aignod officer, personnlly appeared t.¥NN L LI known to me (or ~a~ac ~*i~y proven) ~o be ~ ~ who~ name s~l~cr/bed ~o T~e with/n in~trmneot ~ENCE Witne~s my hand this 19 ~y~ /Vt~b~ , ~o m~o[1665,'~ ~46 [0I] (ggT~ ~xOO8~xo09I) SCHEDULE C HAVING THeReON ere¢:ed a scone and aluminum s/ding dwelling house known and numbered aS ~1.9 Thornton Drive· S~t~ ~ Penn~ania I County ~f Cumberl~nd~ Rno~r~ i~ ~G~e for the r~ng ~ BEING THE i'J. Sharer, single person, by his deed dated r)~,~'ember ]3. 1994 and recorded December 14, 1994 in the Office of the Recorder of i,- and for Cumberland County in Deed Book 116 Page 214 granted and conveyed unto Robert R. Libby, Jr. and Lynn L. Libby, his wife. ~00r:1665 ~E ~647 [II] (~gT~ Ex008~x009I) nX~L~IM SCHEDULE C BEING THE SAME F~EMISES WHICH Robert J. Shafer, single person, by his deed dated December 3.3, 1994 and recorded December 14, :~ gg4 in the Office of ~-he Recorder of Deeds in and for Cumberland County in Deed Book 116 Page 214 granted and conveyed unto Robert R. Libby, Jr. and Lye L. Libby, his wife. (~gT~ ~xoog~xo09I) ~,.x~£~.t~ VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated mm 24, 20o3 By _ Title Dean LaRocha Att. Asst. Secretary SHERIFF'S RETURN - CASE NO: 2003-03054 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTR3ITI VS LIBBY LYNN L REGULAR GEP~ALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE LIBBY LYNN L DEFENDANT , at 2030:00 HOURS, at 919 THORNTON DRIVE MECHANICSBURG, PA 17055 LYNN L LIBBY a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 10th day of July , 2003 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ~ ~ day of P~othonotary So Answers: R. Thomas Kline 07/11/2003 PURCELL KRUG HALLER MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, iNC. C/O WASHINGTON MUTUAL BANK, FA. PLAINTIFF VS. I.YNN L. LIBBY, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-3054 CV MORTGAGEFORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) LYNN L. LIBBY for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintif?s damages as follows: Unpaid Principal Balance Interest Per diem of $18.91 From 11/01/2002 To 07/01/2003 Accumulated Late Charges Late Charges ($32.34 per month to 07/01/2003) Escrow Deficit $87,681.13 $5,162.43 $257.06 $291.06 $72.62 5% Attorney's Commission TOTAl, $4,384.06 $97,848.36 **Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. Leon P. Hailer PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O WASHINGTON MUTUAL BANK, FA, PLAINTIFF VS. I.YNN L. LIBBY, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-3054 CV IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hcreby cerlify that on August 6, 2003 I served the Ten Day Notice required by Pa. R.C.P. on thc Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. ~700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA l 7102 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. LYNN L. LIBBY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3054 CIVIL TERM CW1L ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: August 6, 2003 TO.' LYNN L. LIBBY 919 THORNTON DR1VE MECHANICSBURG, PA 17055 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, ~ ~R,'~Atto e~y for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 2344178 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O WASHINGTON MUTUAL BANK, FA, PLAINTIFF VS. LYNN L. LIBBY, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION LAW NO. 2003-3054 CV MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF DAUPHiN : Personally appeared before me, a Notary Public in and for said Comtnonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this NO'rARIAL gff~Ak MARYLAND K, FERRI~TTI, Nolary Public Lower Paxton Twp., Dauphin Oounty My Commission Expires Aug. 8, 2006 IN THE COUP. T OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2003-3054 CV M()RTGAGE ELE( TRONIC REGISTRATION SYSTEMS. INC. ('/O WASHINGTON MUTUAL BANK. FA, PLAINTIFF VS. I.YNN L. LIBBY. DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT Interest Per diem of $18.91 to sale date 12/10/03 $97,848.36 $3,025.60 Late Charges $161.70 $32.34 per month to sale date 12/03 Escroxv Deficit $2,000.00 TOTAL WRIT $103,035.66 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, December 10, 2003 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE I () I'11E PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of' Execution in the above captioned case. [)ate: September 9, 2003 Atlomey fbr Plaintiff 17/9 North Front Street Harrisburg, PA 17102 {717) 234-4178 Leon P. Hailer / PA I.D. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE ('OMMONWEALTtl OF PENNSYLVANIA (1)UNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisl? the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 919 THORNTON DRIVE M ECHANICSBITRG, PENNSYLVANIA 17055 IJalc: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ALL that certain house and Lot of Ground, situat~ in tho Township of Uppe~ Allen, County of Cumb~land and State of Pennsylvania, bounded and descrlbed as follows, to wit: BEGINNING at a point on the Sovth_am llne of Thornton Drive on the hereimd~r mentioned Plan of Lots, at the northwest corner of Lot No. 31 on said Plan; thenoe by the dividing ~ between Lots No. 31 and 33 South 06 degrees 57 minutes East one hundred eighleen and fffieen hundredths (I I g. I 5) feet to a point; thence by li~e dividlng line between Lots No. 32 and 39 and Lots No. 32 nnd 38, South 83 degrees 59 ~ Wes~ nl.ety and one hundredth (90,01) fe~ ~o a point; thence by the divialn.o ~ between Lots No. 32 and 33 on saki Plan North 06 degrees 57 minutes We~ one hundred six-tee~ and sixty-eight hundredths (1 !6.68) feet to a point on the Southern tine of Thornton Drive; thence by the southern line of Thormon Drive, North 83 degrees 03 mlnuies Fast .inety (90) feet to a point, the Place of Beglnni~g. BEING Lo~ No. 32 in the Plan of LOts of Jacob S. Stone~, Tract No. 2, which Plan is of record in the Cttmberland Coun~ Recorder'.s Office in Plan Book 14 at page ~9. UNDER AND SUBJECT, NEVERTHELESS, to the s~t-back lines, reservations and r:striotions of record and to any filed with the Plan above-mmfioned, HAVING THEREON ERECTED A DWELLING KNOWN AS 919 THORNTON DRIVE, MECHANICSBURG, PENNSYLVANIA 17055 BEING THE SAME PIKEMISES WHICH Robert R. Libby, Jr. and L3nm L. Libby by deed dated 11/16/00 and recorded 1/24/01 in Deed Book 238, Page 272, granted and conveyed unto Lynn L. Libby. TO BE SOLD AS THE PROPERTY OF LYNN L. LIBBY ON JUDGMENT NO. 2003-3054 CV ASSESSMENT NO. 42-30-2108-097 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N003-3054 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC C/0 WASHINGTON MUTUAL BANK FA Plaintiff (s) From LYNN L LIBBY (1) You are directed to levy upon the properly of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also cV~rected 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 garff~shee(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~er that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS 97,848.36 L.L.$ 0.$0 Interest PER DIEM OF $18.91 TO SALE DATE 12/10/03 $3,025.60 Atty's Comm % Due Prothy $1.00 Arty Paid $116.90 Plaintiff Paid Date: SEPTEMBER 10, 2003 Other CostsLATE CHARGES $161.70 $32.34 PER MONTH TO SALE DATE 12/03 ESROW DEFICIT $2,000.00 (Seal) REQUESTING PARTY: Name LEON P HALLER ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: (717) 2344178 Supreme Court ID No. 15700 CURTIS R. LONG Prothonotary By:- Deputy M()RTGAGE ELE( TRONIC REGISTRATION SYSTEMS, INC. C/O WASHINGTON MUTUAL BANK. FA. PLAINTIFF VS. iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-3054 CV LYNN L. LIBBY. DEFENDANT(S) 1N MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Thc Plaintiffin the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property Iocatcd at 919 THORNTON DRIVE, MECItANICSBURG, PENNSYLVANIA 17055: I. Name and address of the Owner(s) or Reputed Owner(s): LYNN L. LIBBY 910 THORNTON DRIVE M ECHANICSBURG, PA 17055 Name and address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 7. Name mid address of every other person of whom the Plaintiff has knowledge who has any interest in the property xvhich may be affected by the sale: Tenants if any... Robert R. Libby, .Ir. 113 Rollo Court Mccbanicsburg, PA 17055 Carol J. kindsay, Esquire 26 West High Street Carlisle, PA 17013-2922 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein awr~, made subject to the penalties of 18 PA C,S. Section 4904 relating to unswo~~~ Leon P, l~l'aller PA I/D. #15700 Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 9, 2003 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O WASHINGTON MUTUAL BANK, FA, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-3054 CV LYNN L. LIBBY, DEFENDANT(S) IN MORTGAGEFORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 10, 2003 TIME: 10:00 O'clock A.M. LOCATION: Cmnberlm~d County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting o f a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 919 THORNTON DRIVE MECHANICSBURG, PENNSYLVANIA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2003-3054 CV JUDGMENT AMOUNT $97,848.36 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: LYNN L. LIBBY A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govenunemal or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this Comaty thirty (30) days after the sale and distribution of the proceeds of sale in accordmace with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer cma advise you more specifically of' these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenne Carlisle, Pennsylvania 17013 717-24%3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Comanon Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the CourL PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ~4 r.r. thai certain house and Lot of Ground, situaIe in the Township of Uppe~ Allen, County of Cumberland and St~_t_e. of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Thornton Drive on the hereln.~e~ meafioned Plan of Lots, at the northwest corner of Lot No. 31 on said Plan; thence by the dividing line between Lots No. 31 and 33 South 06 degrees 57 mln~tes East one hundred ~-i~-n and fiP, een hundredths (I 18.15) fe~ to a point; thence by ~1~ dividing ~ between Lois No. 32 and 39 and Lots No. 32 and 38, South 83 degrees 59 mi,mtes West ninety and one h~mdredth (90.01) feet to a point; thence by the dividln_o line betw~ Lots No. 32 and 33 on said Plan North 06 degrees 57 mln~ttes West one hundred sixteen and sixty-eight hundredths (116.611) feet to a point on the Southem line of Thornton Drive; thence by the southern line of Thornton Drive, North 83 degrees 03 minutes East ninely (90) fo~t to a point, the Plaoo of Beglnnlng. BEINO Lot No. 32 in the Plan of Lots of Jacob S. Stone~, Tract No. 2, which Plan is of record in the Cumberland Courtly Recorder',s Office in Plan Book 14 at page 39. UNDER AND SUBJECT, NEVERTHELESS, to the set-back liaes, reservations and restri~ons of record and to any filed with the Plan above-m~m/oned. HAViNG THEREON EKECTED A DWELLiNG KNOWN AS 919 THORNTON DRIVE, MECHANICSBURG, PENNSYLVANIA 17055 BEiNG THE SAME PREiMISES WHICH Robert R. Libby, Jr. and Ly~m L. Libby by deed dated 11/16/00 and recorded 1/24/01 in Deed Book 238, Page 272, granted and conveyed tmto Lynn L. Libby. TO BE SOLD AS THE PROPERTY OF LYNN L. LIBBY ON JUDGMENT NO. 2003-3054 CV ASSESSMENT NO. 42-30-2108-097 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O WASHINGTON MUTUAL BANK, FA, PLAINTIFF VS. LYNN L. LIBBY, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION LAW NO. 2003-3054 CV IN MORTGAGE FORECLOSURE SUPPLE~ENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Hailer, sets forth as of the date the praecipe for the writ of execution was filed, the following infmxnation concerning the real property located at 919 THORNTON DRIVE, MECItANICSBURG, PENNSYLVANIA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): LYNN L. LIBBY 919 THORNTON DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the Judgrnent, if different from that listed, in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: LYNN L. LIBBY, DEFENDANT(S) ON pLEAS -~" OF coMM .... eyL¥ AN!A /cuMBERLAN~ '~ ClX/iL ACTION LAxJV NO. 2003-5054 IN MoRTOAGE FORECLOSURE ~ . ,, c Mails atHarnSt)Ur~'c~mteuursttamt~*- ~ ~ositedintheU'b;~}~eofSaleofRemY=~firs~classmml .. ~x 1 he~f~t 5~ ~ u-ne ann ~U ~a all lie~OtU~o , r~ 38l~ ~s att~ co,vice addres=~ 0 ~ the De?TM . ~,liance wm~ ~.,_' d/in~ recmptS m {C'ertm~ the Defendants =J and also to as follows: LYNN L. LIBBY 919 TNORNT ON DRI'4E M ECl4ANICSBXjRG' p A 1 '7055 DoMESTIC RELATIONS cumberland County Courthouse 14anover & Hugh Streets Carkis/e, PA 17013 pNC Bank, National Association 4242 Carlisle pike Camp glill, pA 17011 Robert g. Libby, Ir. / ~3 go/lO Court Mccbanicsburg' PA 1'7055 Ca'O/3. bindsaY, Esquire 26 West [4igh Street Carlisle, PA 1'7013-2922 ~oo c~.~_ .... ~ ~7o55 Attorneys for plaintiff 1'719 North Front Street Harrisburg, pA l'7102 (7l'7) 234-41"/8 LAW OFFICES 1719 NORTH FRONT STR~ ii;-T HARRISBURG, pENNSYLYANIA 17102-2392 rELEPtlONE (?17) 234-4178 FAX (717) 23a-1206 LYNN L. LIBBY 9 / 9 THORNTON DRIYE MEcHANICSBURG, PA 17055 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 100 Gettysbur~ pike M~3~nicsbur~, PA 17055 Robert R. Libby, / 13 Rollo Court Mecbanicsburg, PA 17055 I Lindsay, Esquire ( tro J. 26 West High Street Carlisle, PA 17013-2922 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who mortgages, judgments or tax liens against the real estate which is the subject of the bold one or more Procedure 3129.1 attached hereto. Notice o~' Sale pursuant to Pennsylvania Rule of Civil yOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common pleas of the within county on the judgment of the Plaintiff named herein the said real estate will bc exposed to public sale as set forth on the attached Notice of Sale. . old against the said real estate will be .... .~rt~ R NOTIFIED that the hen y,o~u..h.~,, interest, if any, b~l~ng notified of YOU ARE ~t~ tx.~ ,,.E '-ave an opportunity to protect y,~,~r //~. divested by the sale and t~at you u,~ ~.. J~ said Sheriffs Sale. ~A~.D,15700 Attorney for Plaintiff A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entitics or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of thc procccds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR. PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY TIlE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAVe'ER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Culnberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Lcgal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file at petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or thc procedure used against you. 2. After thc Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must bc presented to the Court of Common Pleas of the within County. The petition must be served on Iht attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must bc attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Officc- Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,~ r.r. that ce~ain house and Lot of Ground, situaIe in the Town,hlp of Uppor Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to BEGINNING at a point on the Southern line of Thornton Drive on the hereinafl~ mentioned Plan of Lots, at the northwest comer of Lot No. 31 on said Plan; thence by the dividln~ ilne between Lots No. 31 and 33 South 06 degrees 57 minutes East one hundred eighteen end fifteen hondredths (118.15) feet to a point; thence by the dividing line between Lots No. ~2 nn,4 39 and Lots No. 32 end 38, South 8:3 degrees 59 mlro~'es Wes~ ninety and one hundredth (90.01) feet to a point; thence by the dividing line between Lots No. 32 nnd 33 on said Plan North 06 degrees 57 mlnlzt¢~ West one hundred sixteen ,md sixty-eight hundredths (116.68) feet to a point on the Southern line of Thornton Drive; thence by the southern line of Thornton Drive, North 83 degrees 03 mlm~tes East ninety (90) feet to a point, the Place of Beglnni,,g. BEING Lot No. 32 in the Plan of Lots of Jacob S. Stone~, Tract No. 2, which Plan is of record in'the Cumberland County Recorder'.s Office in Plan Book 14 at page 39. UNDER AND SUBJECT, NEVERTHELESS, to the set-back lines, reservations and restrictions of record and to any filed with the Plan above-mentioned. HAVING THEREON ERECTED A DWELLING KNOWN AS 919 THORNTON DRIVE, MECHANICSBURG, PENNSYLVANIA 17055 BEING THE SAME PREMISES WHICH Robert R. Libby, Jr. and Lynn L. Libby by deed dated 11/16/00 and recorded 1/24/01 in Deed Book 238, Page 272, granted and conveyed unto Lyun L. Libby. TO BE SOLD AS THE PROPERTY OF LYNN L. LIBBY ON IUDGMENT NO. 2003-3054 CV ASSESSMENT NO. 42-30-2108-097 W \SHINGTON MUTUAL BANK, FA v. LYNN L. LIBBY t umbelland County Sale 12/I 0/03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Rcceix ed fi'om: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: ()nc p~ece of ordinary nrail addressed to: IYNNI.EIBBY 919 FIIORNTON DRIVE MECItANICSBURG. PA 17055 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received fi'om: Purcell, Krug & Hailer 1719 North Front Street I larrisbm'g, PA 17102 Ono p~ece of ordinary mail addressed to: Carol J. Lmdsay, Esquire 20 West High Street Carlisle, PA 17013-2922 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) P. cccivcd Ii'om: Purcell. Krog & llaller 1719 Nm th Front Street Harrisburg, PA 17102 One piece of ordinary nrail addressed to: DOMESTIC RELATIONS ( :umbcrland Count~' Courthouse [lanover & Itugh Streets Cmlisle, PA 17013 Postage: Postmark: * oo. o0' U. S. POSTAL SERVICE CERTIFICATE OF MAILING tin compliance with Postal Service Form 3877) Received h'om: Purcell. Krug & Hailer 1719 North Front Street ltarrisburg, PA 17102 One p~ecc of ordinary mail addressed to: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 ()lie piece of ordinary mail addressed to: Robert R. Libby, Jr. t 13 Rollo Court Mcchanicsburg, PA 17055 Postage: Postmark: Re: WAMU/LIBBY, LYNN CUMBERLAND SALE 12/10/03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postage: Postmark: UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 $ 00.90° COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff,s Deed in which Federal Natl Mtg Assoc is the grantee the same having been sold to said grantee on the 3rd day of March A.D., 2004, under and by virtue of a writ Execution issued on the 10th day of Sept, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3054, at the suit of Mtg Electronic Reg Systems Inc against Lynn L Libby is duly recorded in Shefiff,s Deed Book No. 262, Page 4190. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~'---~ day of , A.D2004 , df ~;;'..~2~ Recorder of Deeds Mortgage Electronic Registration Systems, Inc. c/o Washington Mutual Bank, FA VS Lynn L. Libby In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3054 Civil Term Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on September 22, 2003 at 3:01 o'clock PM, 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: Lynn L. Libby, by making known unto Lynn Libby personally, at 919 Thornton Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 3:00 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lyrm L. Libby located at 919 Thornton Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following mariner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Lynn L. Libby, by regular mail to her last known address of 919 Thornton Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of October 9, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 3, 2004 at 10:00 o'clock A.M. He sold the same for the sum orS1.00 to Attorney Leon P. Haller for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 North Market Street, Suite 800, Philadelphia, PA 19102, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $884.13, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 17.34 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Levy 15.00 Surcharge 20.00 Law Journal 321.20 Patriot News 281.89 Postpone Sale 20.00 Share of Bills 28.90 Distribution of Proceeds 25.00 Sherift's Deed 39.50 $ 884.13 Sworn and subscribed to before me This /q~ dayof"~ l~r(lthonotary R. Thomas Kline, Sheriff Real Estali~ Deputy Real Estate Sale # 69 On September 15, 2003 the sherifflevied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 919 Thornton Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2003 By:~J~4)_~ Real Estate Deputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O WASHINGTON MUTUAL BANK, FA Plaintiff VS. LYNN L. LIBBY Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3054 CV CWIL ACTION - LAW IN MORTGAGE FORECLOSURE ASSIGNMENT OF BID TO THE SHERIFF: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O WASHINGTON MUTUAL BANK, FA, as agent for FEDERAL NATIONAL MORTGAGE ASSOCIATION, hereby assigns its bid in the above matter to FEDERAL NATIONAL MORTGAGE ASSOCIATION, 1900 North Market Street, Suite 800, Philadelphia, PA 19102. Leon P. Haller, Esquire Attorney for Plaintiff PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 2344178 DATED: 04/20/04 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duty sworn according to law, deposes and says; That he is the Asst. Contretler of The Patriot News Co., a corporation organized and existing under the taws of the Commonwealth of Pennsylvania, with its principat office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of PennsyNania, owner and pubfisher of The Patriot-News and The Sunday Patriot-News newspapers of general circutation, pdnted and pubtished at 812 to 8t8 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 continuousty pubfished ever since; That the printed notice or publication which is securely attached hereto is exactty as printed and pubfished in their regutar daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and tlth day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that atl of the attegations of this statement as to the time, ptace and character of pubfication are true; and That he has personal knowtedge 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 severalty 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 PUBUC^,lO, ...;. .................... co.v sw rn[o su scr,bed be,o¥ - is 191h day, Nov ' r 2003 ~ ~ Har~s~, Oau~n ~ I - - ~ ~,~ ( My ~mission Ex~r~ J~e 6, ~ ~ ~ r~n ~ Mem~r. Penns~ania ~s~ ~s My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRiOT-NEWS CO., Dr. For publishing the notice or publication atlached hereto on the above stated dates Total $ 281.89 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot~News and The Sunday Patriot-News, newspapers of general circu(at{on, hereby acknowledge receipt of the aforesaic notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE 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 17, 24, 31, 2003 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. REAL E~TATE SALE NO. 69 Writ No. 2003-3054 Civil Mortgage Electronic Registration Systems. Inc., c/o Washington Mutual Bank, FA VS. Lynn L. Libby Atty.: Leon P. Hailer ALL that certain house and Let of Ground, situate tn the Township of Upper Allen. County of Cumber- land and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Thornton Drive on the hereinafter mentioned Plan of Lets, at the northwest comer of Lot No. 31 on said plan: thence by the dividing line between Lots No. 31 and 33 South 06 degrees 57 mtn utes East one hundred eighteen and fifteen hundredths [118.15} feet to a point: thence by the dividing [tne between Lots N9~3_2_ apd. 39 ar!~d arie Co ditor SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER, 2003 .~I~(i'/~L SEAL ~Y LOIS E. SNYDER, Notary Public Caff~le Boro, Cumbedand County My Commission E~ires March 5, 2005 Lynn L. Libby Atty.: Loon P, Hailer ALL that certain house and Lot of Ground. situate in the Toumship of Upper Allen, County of Cumber- land and State of Pennsylvania, bounded and described as follows, to wit; BEGINNING at a point on the Southern line of Thornton Drive on the hereinafter mentioned Plan of Lots. at the northwest comer of Lot No, 31 on said Plan; thence by the dividing line between Lots No. 31 and 33 South 06 degrees 57 min- utes East one hundred eighteen and Fifteen hundredths (118,151 feet to a point: thence by the dividing between Lots No, 32 and 39 and Lots No, 32 and 38, South 83 de- grees 59 minutes West ninety and one hundredth {90.01) feet to a point: thence by the dividing line between Lots No. 32 and 33 on ~aid Plan North 06 degrees 57 minutes West one hundred sixleen and sixty- eight hundredths {116,68) I}et to a point on the Southern line of Ttmm- ton Drive: thence by the southern line of Thornton Drive. North 83 de- grees 03 minutes East ninety (901 feet to a point, the Place of Begin- ning. BEING Lot No, 32 in the Plan of Lots of dacob S. Stoner, Tract No. 2, which Plan is of record in the Cumberland County Recorder% Of~ llce in Plan Book 14 at page 39. UNDER AND SUBJECT, NEVER~ THELESS. to the set*back lines, reservations and restrictions of rec- ord and to any filed vdth the Plan above-mentioned, HAVING THEREON ERECTED A DWELLING KNOWN AS 919 THORNTON DRIVE, MECHANICS- BURG, PENNSYLVANIA 17055. BEING THE SAME PREMISES WPiICH Robert R. Libby, Jr. and Lynn L. Libby by deed dated 11/ 16/00 and recorded 1/24/01 in Deed Book 238, Page 272. granted and conveyed unto Lynn L. Libby. TO BE SOLD AS THE PROP- ERTY OF LYNN L, LIBBY ON JUDGMENT NO. 2003-3054 CV. ASSESSMENrl' NO. 42-30-2108- 097. SWORN I 31 .day of OCTOBER, 2003 LOIS ~ SNYD~R, N~ P~blic Caflisla Boro, Cumberland County My Commission Expires March 5, 2005