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HomeMy WebLinkAbout04-0334IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee Of DMR FINANCIAL SERVICES, INC., Plaintiff, JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. NO. ISSUE NO.: TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. WELTMAN, WEINBERG & R S CO., L.P.A. By: i~ ATTORNEYS FF CODE: TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 475 CrossPoint Parkway P.O. Box 9000 Getzville, NY 14068 FILED ON BEHALF OF: PLAINTIFF AND THE DEFENDANT ARE: 936 Pine Road Carlisle, PA '17013 WELTMAN, WEINBERG & REIS CO., L.P.A. BY~TI'ORNEYS F~IFF I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 936 Pine Road Carlisle, PA 17013 Twp of Dickinson WELTMAN, WEINBERG & R~IS CO., L.P.A. BY; F~NTIF ATTORNEYS FO F COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, ESQUIRE Pa. I.D. #74950 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#03365547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee Of DMR FINANCIAL SERVICES, INC., Plaintiff, v. NO: JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 170'13 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee Of DMR FINANCIAL SERVICES, INC., Plaintiff, JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff, Bank of America, N.A, assignee of DMR Financial Services, Inc., by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff is Bank of America, N.A., assignee of DMR Financial Services, Inc., a lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff"). 2. The Defendants are Jeffrey L. Lybrand and Marcia M. Lybrand, adult individuals whose last known address is 936 Pine Road, Carlisle, PA 17013. 3. On or about Apdl 26, 1999, the Defendants executed a Note in the odginal principal amount of $88,500.00. A true and correct copy of said Note is marked Exhibit '%", attached hereto and made a part hereof. 4. On or about April 26, 1999, as security for payment of the aforesaid Note, the Defendants made, executed and delivered to Plaintiff, a Mortgage in the original principal amount of $88,500.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on May 6, 1999 in Mortgage Book Volume 1540, Page 41. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a pad hereof. 5. DMR Financial Services, Inc., assigned all of its right, title and interest in and to the Mortgage to Plaintiff, pursuant to an Assignment of Mortgage. 6. The Defendants are the current record and real owners of the aforesaid mortgaged premises. 7. The Defendants are in default under the terms of the aforesaid Note and Mortgage. 8. Demand for payment has been made upon the Defendants by Plaintiff, but Defendants were unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 9. On or about December 4, 2003, Defendants were mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et seq. 10. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest thru 1/7/04 Late Charge thru 1/7/04 Escrow thru 1/7/04 Execution Costs thru 1/7/04 Attorneys' Fees thru 1/7/04 Other Charges $ 83,573.29 $ 1,919.89 $ 123.98 $ 252.98 $ 0.00 $ 1,250.00 $ 5O.OO TOTAL $ 87,170.14 11. Contemporaneously hereunder, Defendants have been advised of their right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "C" and made a part hereof. NOTE 936 PINE ROAD CARLISLE, PA 17013 1. BORROWER'S PROMISE TO PAY In return far a loan that I have rcceiwd, I pwmise to pay U.S. $ 88,500.00 (th~ arnount is call~l 3. PAYMENTS (A) T/me and Place of Payments I will pay principal and inta~e~t by mak/ag payments every month. (Se~) (s~) (s~a~) [Sign Original Oniy] PAY TO THE ORDER OF *'- LISA E. MAHON ,ood.540 ~xc~. 45, FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is ROBERT F. RYBARCZYK OFFICER , of BANK OF AMERICA, N.A. , plaintiff herein, (TITLE) (COMPANY) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (Signature) ROBERT F. RYBARCZYK, OFFICER SHERIFF'S RETURN CASE NO: 2004-00334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS LYBRAND JEFFREY L ET AL - REGULAR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPL~INT LYBRAND JEFFREY L DEFENDANT , at 0847:00 at 936 PINE ROAD CARLISLE, PA 17013 JEFFERY L LYBRAND a true and attested copy of - MORT FORE HOURS, on the was served upon the 5th day of February , 2004 by handing to COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 .~ /~ Service 4.83 ~~~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.83 02/06/2004 WELTMAN WEINBERG REIS Sworn and Subscribed to before me this /2g- day of 7 ~l ~9~ A.D. ! ' Prethenotar~ ~ ~ --Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2004-00334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS LYBRAND JEFFREY L ET AL REGULAR ROBERT BITNER Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE LYBR3LND MARCIA M DEFENDANT , at 0847:00 HOURS, on the at 936 PINE ROAD CARLISLE, PA 17013 JEFFERY L LYBRAND, HUSBAND a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 5th day of February , 2004 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /3 ? day of J ~; ~Pro~. ~2~¥ A.D. So Answers: R. Thomas Kline 02/06/2004 WELTMAN WEINBERG REIS Deputy Sheriff IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee Of DMR FINANCIAL SERVICES, INC., Plaintiff VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants No. 04-334 PRAECIPE FOR DEFAULT JUDGMENT (IN REM) I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 475 CrossPoint Parkway P.O. Box 9000 Getzville, NY 14068 Kimberly J. Heng, Esquire PA I.D. NO. 74950 AND THE DEFENDANT IS: 936 Pine Road Carlisle, PA 17013 WELTMAN, WEINBE~/~'~.C~, .P.A. BY: ATTORNEYS FOR PLAINTIFF Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03365547 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee Of DMR FINANCIAL SERVICES, INC., Plaintiff No. 04-334 VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants PRAECIPE FOR DEFAULT JUDGMENT (IN REM) TO THE PROTHONOTARY: Kindly enter Judgment against the Defendants, Jeffrey L. Lybrand and Marcia M. Lybrand, above named, in the default of an Answer, in the amount of $87,829.26 computed as follows: Principal Interest thru 3/11/04 at the legal interest rate of $14.88 per diem Late Charges thru 3/11/04 Delinquency Inspections thru 3/11/04 Inspection fees thru 3/11/04 Taxes Due thru 3/11/04 Execution Costs thru 3/11/04 Attorneys fees thru 3/11/04 Title Search $ 83,573.29 $ 2,872.39 $ 123.98 $ 14.60 $ 14.60 $ 180.40 $ 0.00 $ 1,000.00 $ 50.00 TOTAL $ 87,829.26 With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs. I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEII'CI~EC~,G & REIS CO,, L.P.A. Kimbedy J. Hong Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940, The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REPS CO., L.P.A. By: Kimberly J. Hong Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A. assignee OF DMR FINANCIAL SERVICES, INC., Plaintiff, vs. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Civil Action No. 04-334 Defendants. IMPORTANT NOTICE TO: Jeffrey L. Lybrand 936 Pine Road Carlisle, PA 17013 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 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 Bar Association 2 Liberty Ave Carlisle, PA 17013 800-990-9108 / //'1/ By: P' Y ~ Kimbedy J. Hong Weltman, Weinberg & Reis co. L.P.A. 2718Koppers Building 436 7t~ Avenue Pittsburgh, PA 15219 (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A. assignee OF DMR FINANCIAL SERVICES, INC., Plaintiff, vs. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Civil Action No. 04-334 Defendants. IMPORTANT NOTICE TO: Marcia M. Lybrand 936 Pine Road Carlisle, PA 17013 Date of Notice: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 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 Bar Association 2 Liberty Ave Carlisle, PA 17013 800-990-9108 WELTMAN, WEINBF_J;;~; & REIS CO. L.P.A. KBiY~bedy j. ~ongJ/~"~ Weltman, Weinberg & Reis co. L.P.A. 2718Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, INC., Plaintiff, JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. NO: 04-334 TYPE OF PLEADING: PRAEC]PE FOR WRIT OF EXECUTION Filed on Behalf of: PLAINTIFF Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7~" Avenue Pittsburgh, PA 15219 WWR #03365547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CW1L DWISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, INC., Plaintiff, VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. NO: 04-334 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County against Defendants, Jeffrey L. Lybrand and Marcia M. Lybrand the amount of: $ 87,829.26 $ 2,708.16 $ 167.82 $ 90,705.24 'l, Judgment Amount Interest at the rate of $14.88 per diem from 3/11/04 to 9/08/04 2. Late Charges thru 9/08/04 TOTAL With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs. Date: Costs (to be added by Pr, othonotary) $ Kimberly J. Hong Attorney for Plaintiff 27 l 8 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL DIVISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, INC., Plaintiff, VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. NO: 04-334 AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: Bank of America N.A., et. al., Plaintiff in the above action, sets forth as of the date of the Pmecipe for the Writ of Execution was filed the following information concerning the real property of Jeffrey L. Lybrand and Marcia M. Lybrand, located at 936 Pine Avenue, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JEFFREY L. LYBRAND AND MARCIA M. LYBRAND OF~ IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF DICKINSON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 936 PINE ROAD, CARLISLE, PA 17013. DEED BOOK VOLUME 189, PAGE 870, PARCEL NUMBER 08-12-0336- 032. the real property to be sold: The name and address of the owners or reputed owners: Jeffrey L. Lybrand and 936 Pine Road Marcia M. Lybrand Carlisle, PA 17013 The name and address of the Defendants in the judgment: Jeffrey L. Lybrand and 936 Pine Road Mamia M. Lybrand Carlisle, PA 17013 The name and last known address of every judgment creditor whose judgment is a record lien on Bank of America, N.A., et. al. (Plaintiff) Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 The name and address of the last record holder of every mortgage of record: Bank of America, N.A., et. al. PNC Bank, N.A. (Plaintiff) (address to be supplemented) The name and address of every other person who has any record lien on the property: NONE The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE The name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Inheritance Tax Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations 13 North Hanover Street Carlisle, PA 17013 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to tmsworn falsification to authorities. Kimberly J. Hong, Esquire Attorneys for Plaintiff Sworn to and subscribed before me this~ day of~ ,2004. Notary Pu~Jz NOTAriAL ANGEL& M. SCHOF!~ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee of DMR FrNANCIAL SERVICES, INC., Plaintiff, NO: 04-334 VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Jeffrey L. Lybrand and 936 Pine Road Carlisle, PA 17013 Marcia M. Lybrand 936 Pine Road Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the 2na Floor Cumberland County Courthouse Commissioners Heating Room Carlisle, PA on September 8, 2004 at 10:00 A.M., the following described real estate, of which Jeffrey L. Lybrand and Marcia M. Lybrand are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JEFFREY L. LYBRAND AND MARCIA M. LYBRAND OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF DICKINSON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 936 PINE ROAD, CARLISLE, PA 17013. DEED BOOK VOLUME 189, PAGE 870, PARCEL NUMBER 08-12-0336- 032. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Bank of America, N.A., et. al., Plaintiff, VS. Jeffrey L. Lybrand and Marcia M. Lybrand, Defendants. at Execution Number 04-334 in the amount of $ 90,705.24, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. 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 NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgmem was entered because you did not file with the Court any defense or objection within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the court alleg/ng a valid defense and a reasonable excuse for falling to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable fight. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASII)E IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS 1N THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG & REIS, CO., L.P.A. Kimberly J. Hong, Esquire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pemtsylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUIVfBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, INC., Plaintiff, NO: 04-334 VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Dickinson Tow~llJp, Cumbertend County Pennsylvania, bounded and described in accordance with a Plan of Survey of Stephen G. Fisher, R.S., dated May 30, 1981, and bearing drawing Number 81115, as fo lows, to wit: BEGINNING at a point in the center line of Pine Road (L.R, 21008) at property now or formerly of Robert W. Williams thence extending ~rom said beginnin~.l point and along the center line of Pine Road, North 57 degrees 36 minutes 49 seconds East 95 feet to a point tn the center line of Pine Road et proper~ now or formerly of Madin E. March, South 31 degrees 00 minutes East 220.03 feet to an existing mete/disc at property now or formerly ol' William E. Demuth, Jr.; thence extending along the same, South 56 degrees 02 minutes 02 seconds West 95.26 feet to an existing iron pipe at property now or ~rmer¥ of Robert E. Williams, aforameetioned; thence extending along same, North 30 degrees 57 minutes 33 seconds West 224.71 fee,t~3.the first mentioned point in the center line of Pine Road, the Place of Beginning. BEING improved with a dwelJing house known as 936 Pine Road, Carlisle, PennsylVania 17103. I:;~ING the same premises which Jeffi'ey L. Lybrand, by Deed dated November 24, 1998 and recorded in Cumberland County on November 24, 1998 at Deed Book Volume 189, Page 870, granted and conveyed to Jeffi:ey L. Lybrand and Marcia M. Lybrand. WELTMAN, WEINBERG & REIS, CO., L.P.A. Kimberly J. Hong, Esquire Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 Parcel No: 08-12-0336-032 WRIT OF EXECUTION ancot ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-334 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To sat/sly the debt, interest and costs due BANK OF AMERICA, N.A.~ ASSIGNEE OF DMR FINANCIAL SERVICES, INC., Plaintiff(s) From JEFFREY L. LYBRAND AND MARICA M. LYBRAND (l) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) Y~u are als~ directed t~ attach the pr~perty ~f the defendant(s) n~t ~evied up~n in th~ p~ssessinn of GARNISHEE(S) as follows: and m 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 thereoI~ (3) ~fpr~perty~fthedefendant(s)n~t~eviedup~nansubjectt~attachmentisf~undinthep~ssessi~n 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 $87,829.26 L.L. $.50 Imerest AT THE RATE OF $14.88 PER DIEM FROM 3/11/04 TO 9/8/04 - $2,708.16 Aity's Corem % Arty Paid $130.83 $167.82 PlainfiffPaid Date: APRIL 7, 2004 (Seal) REQUESTING PARTY: Name K/MBERLY J. HONG, ESQUIRE Address: 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 74950 Due Prothy $1.00 Other Costs LATE CHARGES THRU 9/8/04 - CURTIS R. LONG Prothono~ Deputy 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, INC., Plaintiff, NO: 04-334 VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S. 101, ET. SEO. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kimberly J. Hong, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on or about December 4, 2003, Defendants were mailed Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101 et seq. and Notices of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 Take Action to Save Your Home From Foreclosure pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et. seq. The foregoing statement is true and correct to the best of my knowledge, information and belief. Sworn to and subscribed before me, this ~//' day of ~'NGEI_A ~ SCH(, ;.~, ;;OTARY PUBLIC~ ;,P, ,: 5~ThSBUF,(~h, ,2004. KIMBERLY J. HONG, ESQUIRE Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building, 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, INC., Plaintiff, NO: 04-334 VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Conunonwealth, personally appeared Kimberly J. Hong, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 936 Pine Road, Carlisle, PA 17013 are Defendants, Jeffrey L. Lybrand and Marcia M. Lybrand, who reside at 936 Pine Road, Carlisle, PA 17013, to the best of her information, knowledge and belief. Sworn to and subscribed before me Notary(~ublic ANGELAM SCHO~IEUS, NO ~?~F KIMBERLY J. HONG, ESQUIRE Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 ,2004. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC. SUCCESSOR IN INTEREST TO FIRST SELECT, INC. Plaintiff VS, Civil Action No. 04-335 CIVIL TERM MARTHA MILLER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $2,221.14 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) if not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA, (xx) Entry of Judgment of ) Court Order ) Non-Pros ) Confession ) Default ) Verdict ) Arbitration ) Award (XX) By Consent Martha L Miller 9 N 2nd Street Apt 2 Lemoyne, PA 17043 Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC. SUCCESSOR IN INTEREST TO FIRST SELECT, INC. Plaintiff vs. MARTHA MILLER Defendant No.04-335 CIVIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#92773064 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDIGY RECEIVABLES, INC. SUCCESSOR IN INTEREST TO FIRST SELECT, INC. Plaintiff vs. Civil Action No. 04-335 CIVIL TERM MARTHA MILLER Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, Martha Miller, above-named, in the amount of $2,221.14 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $2,221.14 with continuing interest thereon at a rate of 6% per annum plus costs from January 12, 2004. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, Martha Miller, in the amount of $2,221.14 plus continuing interest thereon at the rate of 6% per annum from January 12, 2004 and costs. 3, Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $100.00 due by March 25, 2004; (b) no less than $100 per month due on the 25 day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "Weltman, Weinberg & Reis Co. L.P.A." 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., LP.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 2O 9. Intending to be legally bound, the parties set their hands and seals this day of THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Martha Miller 9 N 2nd Street Apt 2 Lemoyne, PA 17043 WELTMAN, WEINBERG & REIS CO., L.P.A. By: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02583700 D,Ffendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, 1NC., Plaintiff, VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. NO: 04-334. TO: NOTICE TO LIENHOLDERS AND OTHER P,~RTIES IN iNTEREST PURSUANT TO Pa.R.C.P. 3 t 29.2(c) TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there xvill be exposed to Public Sale in the 2nd Floor Cumberland County Courthouse Comnfissioners Hearing Room Carlisle, PA On September 8, 2004 at 10:00 A.M., the following described real estate, of which Jeffrey L. Lybrand and Mamia M. Lybrand are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JEFFREY L. LYBRAND AND MARCIA M. LYBRAND OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF DICKINSON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 936 PINE ROAD, CARLISLE, PA 17013. DEED BOOK VOLUME 189, PAGE 870, PARCEL NUMBER 08-12-0336- 032. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Bank of America, N.A., et. al., Plaintiff, VS. Jeffrey L. Lybrand and Marcia M. Lybrand, Defendants. at Execution Number 04-334 in the amount of $ 90,705.24, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments regarding this Sheriff sale you should contact your attorney as soon as possible. WELTMAN, WEINBERG & REIS, CO., L.P.A. ? Kimberly J. Hong, Esquire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, INC., Plaintiff, VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. NO: 04-334 TYPE OF PLEADING: LIENHOLDER AFFIDAVIT OF SERVICE Filed on Behalf off PLAINTIFF Counsel or Record for this Pa~y: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #03365547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, INC., Plaimiff, NO: 04-334 VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. LIENHOLDER AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Notice of SheriWs Sale has been served on each of the following Lienholders by Certificate of Mail on April 21, 2004. Tree and correct copies of said certificates of mail are attached hereto as Exhibit "A". Sworn to and subscribed before me · This P'~/kdayof ////~, ,2004. Not'~ary Pu~ J/ WELTMAN, WEINBERG & REIS, CO., L.P.A. Kimberly J. Hong, Esquire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 U.S, POSTAL SERVICE CERTIFICATE OF MAILING PROVIDE FOR INSyRANCE~,-PQ~TMA~TI~ R.c..Wetlman, Walnberg & Reis Co,, I.RA. Pittsburgh, PA 15219 PS Fnrm 3817, Janua~/2001 0 ~,~,,.~{~'(-t~ "~ U.S. POSTAL SERVICE CERTIFICATE OF MAILING R.c~.Welt~n, Welnbarg & Reis Co., L,RA. P~burgh PA 15219 U.S. POSTAL SERVICE CERTIFICATE OF MAILING ..~.Weaman, Welnbergl & Reis Co., L.RA. .2'~'?..8..,K~ o.p~rs Bldg. Pltl~burgh, PA 15219 r~, rnrm 3R17. ,Inn,,nrv ?On1 C~"~,~"~6-~ Bank of America N.A. VS Jeffrey L. Lybrand and Marcia M. Lybrand In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-334 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Kimberly Hong. Sheriff's Costs: Docketing 30.00 Poundage 1928.02 Posting Handbills 15.00 Advertising 15.00 Law Library .501 ())~ ~ Prothonotary 1.00 ~,...~ x Levy 15.00 ~ Mileage 11.44 Surcharge 30.00 Law Journal 270.05 Patriot News 232.51 Share of Bills 30.49 $ 2579.01 Sworn and subscribed, j~9 before me So~,Allg.~e~ ~'~ This '~ day of ~4~ ~~' \ ~ [ X , R. Thomas Kline, Sheriff ~~ ~othonotaw ~ Real E~e D~uty IN THE COURT OF COMMON PLEAS OF ~UMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, INC., Plaintiff, VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. NO: 04-334 AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: Bank of America N.A., et. al., Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of Jeffrey L. Lybrand and Marcia M. Lybrand, located at 936 Pine Avenue, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JEFFREY L. LYBRAND AND MARCIA M. LYBRAND OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF DICKINSON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 936 PINE ROAD, CARLISLE, PA 17013. DEED BOOK VOLUME 189, PAGE 870, PARCEL NUMBER 08-12-0336- 032. the real property to be sold: The name and address of the owners or reputbd owners: Jeffrey L. Lybrand and 936 Pine Road Marcia M. Lybrand Carlisle, PA 17013 The name and address of the Defendants in the judgment: Jeffrey L. Lybrand and 936 Pine Road Marcia M. Lybrand Carlisle, PA 17013 The name and last known address of every judgment creditor whose judgment is a record lien on Bank of America, N.A., et. al. (Plaintiff) Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 The name and address of the last record holder of every mortgage of record: Bank of America, N.A., et. al. PNC Bank, N.A. (Plaintiff) (address to be supplemented) The name and address of every other person who has any record lien on the property: NONE The name and address of every other person who has any record interest ha the property and whose interest may be affected by the sale: NONE The name and address of every other person whom the Plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Inheritance Tax Bureau Domestic Relations One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on may statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 24904 relating to nnsworn falsification to authorities. Kimberly J. Hong, Esquire Attorneys for Plaintiff Sworn to and subscribed before me thisO--7)q day of g~/~b3~-~ ,2004. NOT/~:,~L O~-~,-~L iANGEL.,~4.,.C,~. ~,, .~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CPqlL DIVISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, INC., Plaintiff, VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. NO: 04-334 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Jeffrey L. Lybrand and 936 Pine Road Carlisle, PA 17013 Marcia M. Lybrand 936 Pine Road Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriffof Cumberland County, directed, there will be exposed to Public Sale in the 2na Floor Cumberland County Courthouse Commissioners Hearing Room Carlisle, PA on September 8, 2004 at 10:00 A.M., the following described real estate, of which Jeffrey L. Lybrand and Marcia M. Lybrand are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JEFFREY L. LYBRAND AND MARCIA M. LYBRAND OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF DICKINSON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 936 P1NE ROAD, CARLISLE, PA 17013. DEED BOOK VOLUME 189, PAGE 870, PARCEL NUMBER 08-12-0336~ 032. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Bank of America, N.A., et. al., Plaintiff, VS. Jeffrey L. Lybrand and Marcia M. Lybrand, Defendants. at Execution Number 04-334 in the amount of $ 90,705.24, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Walt of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. 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 NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the fight to prevent or delay'the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sher/ff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHI2q TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WE1NBERG & REIS, CO., L.P.A. Kimberly J."~ong, Esquire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pemasylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1N THE COURT OF COMMON PLEAS OF CUM]BERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, INC., Plaintiff, NO: 04-334 VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN tract of lend with the Improvements thereon erected situate in Dickinson Cumberland County Pennsylvania, bounded and described in accordance with · Plan of Survey of Step:~hen G. Fisher, R.$.. dated May 30, lg81, and bearing drawing Number 8f 115, es fo lows. to w t: BEGINNING at a point in the center line of Pine Road (L.R. 21008) at propmty now or formerly ol' Robert W. Williams; thence extending [rom said beginning point and along the center line o~' Pine Road, North 57 degrees 36 minutes 49 seconds East 95 feet to a point in the center line of Pice Road at property now or formerly ot' Marlin E March, South 31 degrees 00 en/nutes East 220.03 feet to an exlsling metal disc at property now or formerly of William E. Demuth, Jr.; thence extending along the same, South 56 degrees 02 minutes 02 ~econds West g5.26 feet to an existing iron pipe st property now or ~ormerly of Robert E. Williams. aforementioned; thence extending along same. North 30 degrees 57 minutes 33 seconds West 224.71 fee,t~'o ~he first mentioned point in the center line of Pins Road, the Pla~e of Beginning. -, " BEING improved with · dwelling house known as 936 Pine Road, Carlisle, Pennsyh~ania 17103. 13/5lNG the same premises which Jeffrey L. Lybrand, by Deed dated November 24, 1998 and recorded in Cumberland County on November 24, 1998 at Deed Book Volume 189, Page 870, granted and conveyed to Jeffrey L. Lybrand and Marcia M. Lybrand. WELTMAN, WEINBERG & REIS, CO., L.P.A. Kimberly J. Hong, Esquire Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 Parcel No: 08-12-0336-032 IN THE COURT OF COMMON PLEAS OF C'X)MBERLAND COUNTY, PENNSYLVANIA CB/IL DIVISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, INC., Plaintiff, NO: 04-334 VS. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN tmot of land with the Improvements thereon erected, situate in Dickinson Cumberland Count7, Pennsylvania, bounded and described in accordance with a Plan of Survey of Step, ban G. Fisher, R.S., dated May 30, 1981, and bearing drawing Number 81115, es follows, ~o wit; BEGINNING at a point in the center line of Pine Road (L.R. 21008) at property now or formerly of Robert W. Williams thence extending from said beginning point and along the center line of Pine Road, North 57 degrees 36 minutes 49 second. East 95 feet to · point in the center line of Pice Road at prolperty now or formedy of Marlin E. Memh South 31 degrees 00 minutes East 220.03 feet to an sx.~tlng metal dlaC et propor[y now or formerly of William E. Demuth, Ji'.; thence extending along the same South 56 degrees 02 minutes 02 seconds West 98.2B feet to an existing Iron pipe at property now or ~ormerly of Robert F_ Williams, aforementioned; thence extending along same, No~a 30 degrees 57 minutes 33 seconds West 224.71 fe,e~.the first menUoned point in the center line of Pine Road, the Place of Beginning. -, BEING improved with a dwelling house known as 936 Pine Road, Carlisle, Pennsyh, anla 17103. 131/lNG the same premises which Jeffrey L. Lybrand, by Deed dated November 24, 1998 and recorded in Cumberland County on November 24, 1998 at Deed Book Volume 189, Page 870, granted and conveyed to Jeffrey L. Lybrand and Marcia M. Lybrand. WELTMAN, WEINBERG & REIS, CO., L.P.A. Kimberly J. Hong, Esquire Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 Parcel No: 08-12-0336-032 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-334 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N,A., ASSIGNEE OF DMR FINANCIAL SERVICES, INC., Plaintiff (s) From JEFFREY E. LYBRAND AND MARICA M. LYBRAND (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 properly of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attacNment 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 properly 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 gam/shee and is enjoined as above stated. Amount Due $87,829.26 L.L. $.50 Interest AT THE RATE OF $14.88 PER DIEM FROM 3/11/04 TO 9/8/04 - $2,708.16 Atty's Comm % Atty Paid $130.83 $167.82 Plaintiff Paid Date: APRIL 7, 2004 (Seal) REQUESTING PARTY: Name KIMBERLY J. HONG, ESQUIRE Address: 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Corot ID No. 74950 DueProthy $1.00 Other Costs LATE CHARGES THRU 9/8/04 - CURTIS R. LONG erothon~a~jy Deputy Real Estate Sale #06 On May 12, 2004 the sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 936 Pine Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 12, 2004 Real Esta~ Deputy · J0 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvanla, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Pan'lot News Co., a corporation organized and existing under the laws of the Commonwealth of Penasylvaina, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Peunsylvania, owner and publisher of The Pattiot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th day(s) of Augnst 2004, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#6 /MyC°mrn~ss~ t ~ ,ocia~ionoJ~ta6~OTARYPUBLIC ~m~, pe~n~¥1~ a 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. For publishing the notice or publication attached hereto on ~e above stated ~tes 232.51 Publisher's Receipt for Advertising Cost of ~e Pa~ot-News ~d ~e S~y PaYor-News, newspapers of general 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: JULY 16, 23, 30, 2004 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 tree. SALE l~O. 6 Writ No. 2004-334 Civil Bank of America, N.A., assignee of DMR Financial Services, Inc. VS, Jeffrey L, Lybrand and Marcia M, Lybrand Atty.: Klmberly Hong LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land with the Improvements thereon erected, situate in Dickinson Town- ship, Cumberland County, Permsyl- vanla, bounded and described in accordance with a Plan of Survey of Stephen G. Fisher, R,$., dated May 30, 1981, and bearing drawing Num- ber 81115, as follows, to vat: BEGINNING at a point In the cen- ter line of Pine Road (L.R. 210081 at property now or formerly of Rob- ertW. Williams: thence extending from said beginning point and along ~e SWORN TO AND SUBSCRIBED before me this 30 .day of JULY 2004 LOtS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee Of DMR FINANCIAL SERVICES, INC., Plaintiff No. 04-334 VS JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. TYPE OF PLEADING: PRAECIPE 'fO STRIKE JUDGMENT FILED ON BI?HALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Kimberly J. Hong, Esquire PA I.D. #74950 WELTMAN, WEINBERG & REIS CO., L.P.A. 2716 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03365547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee Of DMR FINANCIAL SERVICES, INC., Plaintiff No. 04-334 VS JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Defendants. PRAECIPE TO STRIKE JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to strike the judgment on the above referenced case number. Sworn to and subscribed before me this/¢,¢¢ day of,~/2~/22~2004. NOTAF~Y~UBLIC NOTARIAL SEAL ANGELAM SCHOFiELD hE?AP" 3;T'¢' OF ¢ITTSBU~GR ALLEG~ FY' ~i' COM~ISSION ~PiRES MARCH WELTMAN, WEINBERG & REIS CO., L.p:A. By: ~ Kimberly J. Hong, Esquire WELTMAN, ~NEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, INC., Plaintiff, vs. JEFFREY L. LYBRAND and MARCIA M. LYBRAND, Civil Action No. 04-334 Defendants. PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJ[JDICE FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7~h Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03365547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., assignee of DMR FINANCIAL SERVICES, INC., Plaintiff, VS. JEFFREY L LYBRAND and MARCIA M. LYBRAND, Civil Action No. 04-334 Defendants. PRAECIPE TO SETTLE AND DISCONTINUE PROTHONOTARY: Kindly settle and discontinue the above-captioned matter and mark the docket accordingly. Sworn aq~j subscribed.,befo~'e / This ~ day of z~_?zC-E'~,,,¢¢,~ , 2004. ~No'['a r~ P¢lic / - Respectfully submitted: By: Weltman, Weinberg & Reis Co., L.P.A. Kimberly J. Hong Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 NOTARIAL r;l~¥ Off ~!T~SBURGH, ALLEG~{ENY ~4Y OO,,,1MiSS!ON ~PIRES MARCH 8, 2005