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HomeMy WebLinkAbout11-6504I {?OTHQNO ry [ kE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 3 ADA 1525 South Beltline Road Irvine, California 92618 V. Justin C. Johns a/k/a Justin Johns 60 Oliver Road Enola, Pennsylvania 17025 and Beth A. Johns a/k/a Beth Johns 60 Oliver Road Enola, Pennsylvania 17025 Attorneys for Plaintiff Cumberland County Court of Common Plleea's`?j Number 1' - 6 C) -1 CIVIL ACTION/MORTGAGE FORECLOSURE a,w? is ga.oo ?a ?lLnas3 ?k 26 3381P IV _ NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that ifyou fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTEDNO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2, duly organized and doing business at the above-captioned address. 2. The Defendant is Justin C. Johns a/k/a Justin Johns, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 60 Oliver Road, Enola, Pennsylvania 17025. 3. The Defendant is Beth A. Johns a/k/a Beth Johns, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 60 Oliver Road, Enola, Pennsylvania 17025. 4. On December 30, 2005, Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1937, Page 2381. 5. On July 14, 2011, the aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp. to U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2, by Assignment of Mortgage, recorded in the Office ofthe Recorder of Cumberland County in Assignment of Mortgage Instrument # #:201119593. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 60 Oliver Road, Enola, Pennsylvania 17025. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. i 8. The following amounts are due on the mortgage as of September 4, 2011: Principal Balance Interest through September 4, 2011 (Plus $17.96 per diem thereafter) Attorney's Fee Late Charges Corporate Advance Escrow Advance $ 90,427.28 $ 4,988.82 $ 1,250.00 $ 294.66 $ 187.60 $ 128.91 Suspense Balance $ -614.55 GRAND TOTAL $ 96,662.72 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $96,662.72, together with interest at the rate of $17.96 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. . Y WCABE W SBERG AND CONWAY P.C. t BY: Marisa ohe , Esquire Attorney for,'Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for American Home Mortgage Servicing, Inc., attorney in fact for U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2, Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifica ti authorities. r I n McCABE, WE ISBERG AND CONWAY,P.C k BY: Marisa Cohen, E' q re Attorney four Plai tff U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 v. Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns EXHIBIT "A" ALL THAT CERTAIN lot or piece ofground with the buildings and improvements thereon erected situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D.. P. Raffensperger, Registered Surveyor, dated May 28, 1959, as follows: BEGINNING at a point on the southwesterly side of Oliver Road (50 feet wide) at the distance of two hundred twenty-one and sixty-nine hundredths (221.69) feet measured northwardly along Oliver Road from the northwesterly side of Louis Land (South); thence along Lot No. 61 on the hereinafter mentioned Plan of Lots, south forty-four (44) degrees west, one hundred ten (110) feet to a corner of Lot No. 36 on said plan; thence along Lot No. 36 north forty-six (46) degrees west, sixty-four (64) feet to a corner of Lot No. 59 on said plan; thence along Lot No. 59, north forty-four (44) degrees east, one hundred and ten (110) feet to a point on the southwesterly side of Oliver Road; thence along the same, south forty-six (46) degrees east, sixty-four (64) feet to the point and place of BEGINNING. BEING Lot No. 60 on a Plan of Lots entitled "Louis Park" which said plan is recorded in Plan . Book 5, page 50, Cumberland County records. I Certify this to be recorded In Cumberland County PA a fir-, dal _,,. Recorder of Deeds Bf{ 193?Fr1"97 SHERIFF'S OFFICE OF CUMS Ronny R Anderson Sheriff a'?rttx nt ?NUribee???i Jody S Smith Chief Deputy ' Richard W Stewart Solicitor ERLAND COUNTY t'l (I SEP -9 pp; 4. t 0 CUMBERLAND CJUI? ? '' PENINSYLYP.NIA US Bank National Association vs. Justin C. Johns (et al.) Case Number 2011-6504 SHERIFF'S RETURN OF SERVICE 09/01/2011 05:47 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 1, 2011 at 1747 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Justin C. Johns, by making known u o himself personally, at 60 Oliver Road, Enola, Cumberland County, Pennsylvania 17025 its contents a d t the same time handing to him personally the said true and correct copy of the same. /1 WN F14WISON, DEPUTY 09/01/2011 05:47 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 1, 2011 at 1747 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Beth A. Johns, by making known unto Justin Johns, Husband of Defendant at 60 Oliver Road, Enola, Cumberland County, Pennsylvania 1702 its ontents and at the same time handing to him personally the said true and correct copy o eAa e. SON,DEPUTY SHERIFF COST: $59.00 September 06, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 Plaintiff Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-6504 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: -? rn _ 4.,l -: r, fi D Fn Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 09/05/11 to 12/12/11 $ 96,662.72 $ 1,778.04 Total ?--?$ 98,440.76 errence J. McCabe, Esquire `~- Attorney for Plaintiff C?- if ls4057 a68g2a jVotice lwai(toj AND NOW, this -2-6day of _ 2011, Judgment is entered in favor of Plaintiff, U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2, and against Defendants, Beth Johns and Justin Johns, and damages are assessed in the amount of $98,440.76, plus interest and costs. BY THE PRO NOT ,- McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 Plaintiff V. Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-6504 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, being duly sworn according to law, deposes and says that the Defendants, Beth Johns and Justin Johns, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Beth Johns and Justin Johns, are over eighteen (18) years of age, and reside as follows: Beth A. Johns a/k/a Beth Johns 60 Oliver Road Enola, Pennsylvania 17025 SWORN AND SUBSC.j?BED BEF THIS ? DAY OF ;C? .2010 -NaTARY PUBLIC NO". ?Barb?r? J• ? ? ? ?? p1 Pitlt , t2; 20" __--_----- Justin C. Johns a/k/a Justin Johns 60 Oliver Road Enola, Pennsylvania 17025 Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 Plaintiff V. Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-6504 AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendants are: Beth A. Johns a/k/a Beth Johns 60 Oliver Road Enola, Pennsylvania 17025 SWORN AND SUBSC PED BEFO E THISDAY OF2011 kRY PUBLIC " N @..a" L j Barbara .1. ar7 garlic :;ity of ?'hii: _ { iYCOMM 12,201V Terrence J. McCabe, Esquire Attorney for Plaintiff Justin C. Johns a/k/a Justin Johns 60 Oliver Road Enola, Pennsylvania 17025 r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 Plaintiff V. Justin C. Johns &Wa Justin Johns and Beth A. Johns a/k/a Beth Johns Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-6504 CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBS BEF THIS OF , 2011, P _ l-1 _%W _. NOTARY PUBLIC N 03 s ?arbar .. . ?b11c Crty of Phi1s'' ;s!ptiia County My COMMISSION EXPIRESJAN.12,2014 Terrence J. McCabe, Esquire Attorney for Plaintiff OW VERIFICATION The undersigned attorney hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. Terrence J. McCabe, Esquire Attorney for Plaintiff r-'7 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CurtLong Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Prothonotary December 2, 2011 To: Beth A. Johns a/k/a Beth Johns 60 Oliver Road Enola, Pennsylvania 17025 U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TB W Mortgage-Backed Pass-Through Certificates, Series 2006-2 Cumberland County Court of Common Pleas Number 11-6504 VS. Justin C. Johns a/k/a Justin Johns Beth A. Johns a/k/a Beth Johns NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FABLED 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 AOAINSTYOU WITHOUTARLMUNOANDYOU MAYLOSEYOURPROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDEYOU WITHINFORMATIONABOUrAGENCMS THATMAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. C mdwland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENI'RA EN ESTADO DE REBELDIA POR NO HADER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O FOR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL. SUS DEPENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NoTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER LISTED EN CORTE U OIR PREUBA ALOUNA, DICTAR SENCENCIA EN SU CONTRA Y USTED PODRIAPERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOOADO INMEDIATAMENTE. SI USTED NO TIME A UN ABOGADO, VA A O TELEFONEA LA OFICINA MMM ABAJO. ESTA OPICINA LO PUEDE PROPORCIONAR CON RawmAC16N ACERCA DE EMPLEAR A UN ABOOADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOOADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON MFORMAC16N ACERCADELAS AOBNCIAS WE PUEDEN OPRECER LOS SERVICIOS LEOALES A PERSONAS ELEOIBLES EN UN HONORARIO REDUCIDO NI NINOON HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 108 BY: 11?,/lz Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE hm OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary December 2, 2011 To: Justin C. Johns a/k/a Justin Johns 60 Oliver Road Enola, Pennsylvania 17025 U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 Cumberland County Court of Common Pleas Number 11-6504 Vs. Justin C. Johns a/k/a Justin Johns Beth A. Johns a/k/a Beth Johns NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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 AOAINSTYOU WrMUTAHEARMOANDYOUMAYLOSEYOUP.PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOTAFFORDTOHIREAL.AWYER, THIS OFFICEMAYBE ABLE TOPROVIDEYOU WC1 HWORMATIMABOUTAGENMTHATMAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Cadisle, Pennsylvania 17013 (800) 990.9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBE DIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOOADO Y PORNO HABER RADICADO POR ESCRrm CON ESTE TRIBUNAL sus DEmao U OBIECIONES A LOS RECLAMo3 FORMULA= EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER LISTED ON CORTE U OIR PREUBA ALOUNA, DICTAR SENTENCIA EN SU CONTRA Y USTEDPODRJA PERDER DIENES U OTROS DERF.CHOSIMPORTANTES. LISTED LE DEN TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOOADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOOADO. SL LISTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUE M SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAs AOENCIAs QUE nmm oFREm LOB SERVICIOS LEGALI13 A PERSONAS ELEOIBLES EN UN HONORARIO REDUCIDO NI NINON HONORAR10. Cumberland County Bar Association 32 South Bedford Street Ca *h4 Pennsylvania 17013 (800) 990-9 BY: Attorneys for Plaintiff TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE lun OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Beth A. Johns a/k/a Beth Johns 60 Oliver Road Enola, Pennsylvania 17025 U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. No. 11-6504 Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT as indicated below. 1) 12D ?i X Judgment by Default - Money Judgment - Judgment in Replevin been e} teted in the above pr mg x - Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisberg and Conwav P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY Y COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Justin C. Johns a/k/a Justin Johns 60 Oliver Road Enola, Pennsylvania 17025 U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 Plaintiff V. Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 11-6504 NOTICE Pursuant to Rule 236, you are hereby notified that a JU as indicated below. 12 1-2c> I << Pr DGMENT has n enter yin t ve proceedin 1q othonotary X Judgment by Default - Money Judgment - Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisberg and Conway. P.C. at (215) 790-1010. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6504 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR TBW MORTGAGE-BACKED TRUST SERIES 2006-2, TBW MORTGAGE-BACKED PASS- THROUGH CERTIFICATES, SERIES 2006-2 Plaintiff (s) From JUSTIN C. JOHNS A/K/A JUSTIN JOHNS AND BETH A. JOHNS AWA BETH JOHNS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from deliN ering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $98,440.76 L. L.: $.50 Interest FROM 12/13/11 - $2, 856.78 AT $16.14 Atty's Cornm: % Due Prothy: $2.25 Atty Paid: $196.00 Other Costs: Plaintif` Paid: Datc: ./23/12 David D. Buell, F'rothonot (Sea!) Deputy REQUi?STING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET,SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 11-6504 Civil Term U.S. Bank National Association, as Trustee for TB W Mortgage-Backed "Trust Series 2006-2, TB W AMOUNT DUE $98,440.76 Mortgage-Backed :Pass-Through Certificates, Series 2006-2 INTEREST: frorn 12/13/11 ,•? V. $2,856.78 at $16.14 _ ATTY'S COMM.: Justin C. Johns a/kla Justin Johns and Beth A. John ?PZ a/k/a Beth Johns COSTS: fri P ' _Z) TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or aceou fi+asR,,' on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 o f 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland Count}, for debt, interest and costs upon the following described property of the defendant(s) 60 Oliver Road Enola Pennsylvania 17025 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against: the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a )is pendens against real estate of the defendant(s) described in the attached exhibit. DATE: Signature: TERRENC J. Mc ABE, ESQUIRE MAR ARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE 5? „yL Attorneys for Plaintiff ?oj fF 0 Firm: MCCABE, WEISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 9 (9, co Philadelphia, PA 19109 q, Attorney for: Plaintiff 8 Telephone: (215) 790 1010 Supreme Court ID No. 16496 ?. _V "as I) '49 56 G L- ck. # 1c00ass * 1(003(d VJ t'4 ?? SS LEGAL DESCRIPTION ALL TRAT CERTX.INlot or piece fground with the buildings and improvements thereon erected situate in the Township of East Pennsboro, County of Cumberland, State of Penn..yl vanici, bounded and described in accordance with a survey and plan thereof made by D, P. Raftnsperger, Registered Surveyor, dated flay 211, 1959, us folloivs: BEGIAMNG at a point on the southwesterly side ofOliver load (50 feet wide) at they distance of two hundred twenty-erne and sixty-nixie hundredths (221.69) f eet reusured northwardly along Oliver Road from the north-westerly side of Louis Land (South ); thence along Lot No. 61 on the hereinafter mentioned Plan of l ots, south forty jour (44) degrees wart, one hundred ten (I 10) feet to a corner of Lot No. 36 on said plan; thence along Lot No. 36 north forty-six ('46) degrees west, sixty-four (64) jeer to a corner of Lot No. 59 on said plan: thence along Lot No. 59, north forty-four (44) degrees cast, one hundred and ten (110) feet to a point on the southwesterly side of Oliver Read; thence along the same, south forty-six (46) degrees east, sixa Y ,four (64) feet to the point and place of BEGINNING. BEANG Lot No. 60 on a Plan of Dots entitled "Louis Park." which said plan is recorded in Flan Book 5, page 50, C"urnberlarid County records. ILIA VING thereon erected a ogre-story frame dwelling, kinown and numbered as 60 Oliver Road, E'nola, Pa. 17025. RB5678 60 Oliver Road, Enola, Pennsylvania 17025. BEING the same premises which MATTHEW J. PENNINGTON, SINGLE INDIVIDUAL by deed dated December 30, 2005 and recorded January 13, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 272, Page 3861, granted and conveyed to Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/kia Beth Johns, husband and wife, in fee. TAX MAP PARCEL NUMBER: 09-13-1002-010 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 • MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 !MARISA. J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006 Plaintiff V. Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Defendants Beth A. Johns a/k/a Beth Johns rv ? N ---i ., , C-) .c -) n ,c t ;mo c..a AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 60 Oliver Road, Enola, Pennsylvania 17025, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Justin C. Johns a/k/a Justin Johns 2. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-6504 Address 60 Oliver Road Enola, Pennsylvania 17025 60 Oliver Road Enola„ Pennsylvania 17025 Name and address of Defendants in the judgment: Name Justin C. Johns a/k/a Justin Johns Beth A. Johns a/k/a Beth Johns Address 60 Oliver Road Enola, Pennsylvania 17025 60 Oliver Road Enola, Pennsylvania 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Address 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 60 Oliver Road Enola, Pennsylvania 17025 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8" Street Inheritance Tax Office Suite #204 Philadelphia, PA : 9107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Streei, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. r? ? L ?? - February 10, 2012 T EN E J. Mc ABE, ESQUIRE DATE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALI, THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected situate in the Township of Fast Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described in accordance with a surrey and plan thereof made by D. P. Kaffensperger, Registered Surveyor, dated May 28, 1959, as follows: BEGINNING at a point on the southwesterly side of Oliver Road (30, feet wide) at the distance of two hundred twenty-onc and sixty-nine hundredths (221.69) feet 11jeasured nrrthwardly along Oliver Road fro the northwesterly side of Louis Land (South); thence along Lot No. 61 can the here nafter mentioned Plan of Lots, south for4,jour (44) degrees west, one hundred ten (110) feet to a corner of Lot No, 36 on said plan: thence along Lot A lo. 36 north forty-s .v (46) degrees west, sixty. four (64) feet to a corner of Lot No. 59 on said plan; thence along Lot No. 39, north forty-four (44) degrees east, one hundred and ten (110) feet to a point on the southwesterly side of Oliver Road; thence along the some, south forty-six (46) degrees east, sixty-four (64) feet to thepoint and place of BEGINNING, BEING Lot No. 60 on a Plan of Lots entitled "Louis Park" which said plan is recorded in flan Book 3, page 50, Cumberland County records. TIA VING thereon erected a one-story frame dwelling, kinown and numbered as 60 Oliver Rog Enola, Pa. 17025. RB5678 60 Oliver Road, Enola, Pennsylvania 17025. BEING the same premises which MATTHEW J. PENNINGTON, SINGLE INDIVIDUAL by deed dated December 30, 2005 and recorded January 13, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 272, Page 3861, granted and conveyed to Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k,/a Beth Johns, husband and wife, in fee. TAX MAP PARCEL NUMBER: 09-13-1002-010 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R.. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U. S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 Plaintiff V. Justin C. Johns alk/a Justin Johns and Beth A. Johns a/k/a Beth Johns Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-6504 AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. 4 .. r - ' -T ) .. C'0 The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendants are: Justin C. Johns a/k/a Justin Johns 60 Oliver Road Enola, Pennsylvania 17025 SWORN AND SUBSC BEFO E HIS2T OF 2W-2? GARY PUBLIC VAf?h _AL. MY COMMISSI JA!?.12, 2014 Beth A. Johns a/k/a Beth Johns 60 Oliver Road Enola, Pennsylvania 17025 T RREN E J. McCABE, ESQUIRE MARGA ET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA. J. COHEN, ESQUIRE - ID # 87830 KEVIN 7'. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for TB W Mortgage-Backed Trust Series 2006-2, TB W Mortgage-Backed Pass-Through Certificates, Series 2006-2 Plaintiff V. Justin C. Johns a k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-6504 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. ?.5 "ice (;? ..,r.: 4m C> 5; Ca ?. C The undersigned, being duly sworn according to law, deposes and says that the Defendants, Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns, are over eighteen (18) years of age, and reside as follows: Justin C. Johns a/k/a Justin Johns 60 Oliver Road Enola, Pennsylvania 17025 SWORN AND SUBSC II BEFORE*_ T IS )WAY OF _ /" f Ll k 201,21 Beth A. Johns a/k/a Beth Johns 60 Oliver Road Enola, Pennsylvania 17025 TERRE E J. McCABE, ESQUIRE MARGA ET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff 'ItCABE, WEISBERG AND CONWAY, P.C. BY: TERRE NCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 V. Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-6504 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Justin C. Johns a/k/a Justin Johns Beth A. Johns a/k/a Beth Johns 60 Oliver Road 60 Oliver Road Enola, Pennsylvania 17025 Enola, Pennsylvania 17025 4 COD rTy r cn _-? CD >? r"I F'..J N) W cUp Your house (real estate) at 60 Oliver Road, Enola, Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on June 6, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $98,440.76 obtained by U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to U.S. Bank National .Association, as Trustee for TB W Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790- 1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS_ EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 ?- r l C Attorney for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 ( o + " f i t f EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # X zli 2 A F R F B - 4 P11 1' 3 2 CIJMBERLa'?O COUXJTY 19480 PE'NS`t'LVANIA 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 Plaintiff V. Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-6504 AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 30th day of March, 2012, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFO ME THIS c9rij- DAY OF 12012 NOTARY PUBLIC _ CW -EALTH 'F PENNSYLVANIA NOTARIAL SEAL Megan C. Nohfcc.i - Notary Public City of PhTadet hia, Philadelphia Cour* M" COMMISE?ON LMRES JAN. 06, 2014 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff By: TERRENCE J. CABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 -MCCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 Plaintiff V. Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Defendants Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-6504 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 60 Oliver Road, Enola, Pennsylvania 17025, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. Name and address of Owners or Reputed Owners Name Justin C. Johns a/k/a Justin Johns Address 60 Oliver Road Enola, Pennsylvania 17025 Beth A. Johns a/k/a Beth Johns 60 Oliver Road Enola„ Pennsylvania 17025 Name and address of Defendants in the judgment: Name Justin C. Johns a/1-/a Justin Johns Address 60 Oliver Road Enola, Pennsylvania 17025 Beth A. Johns a/k/a Beth Johns 60 Oliver Road Enola, Pennsylvania 17025 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address 4 5 6. Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Address 60 Oliver Road Enola, Pennsylvania 17025 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name None Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. McCABE, WEISBERG & CO , P.C. March 30, 2012 Attorneys for Plainti DATE By: TERRENCE JfdcCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE MARISA J. COHEN, ESQUIRE KEVIN T. McQUAIL, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 Plaintiff V. Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Defendants DATE: March 30, 2012 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-6504 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns PROPERTY: 60 Oliver Road, Enola, Pennsylvania 17025 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on June 6, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. x ?oa< ?C ytG? W 4- ? V. C Q :.:. V O 4 Lt L ti ?R ? sa Cam ? ? a e CL L ? 4?? r s ? E ? L O it a) O y .N-i a v i. p N c r =? 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Q? d L ° ? p" p C ?V .. .. v, O C 0 0 ?~ C?r"+ a+ e? E., U C?? CO ce .+ ?+ eC r w4 y.?V ° °? CA y 4 y a i >? L a`v ?bN? aC y z3d Q, CIO r.+L L° i .. ?' oy yo ?r C/1 -N M L 9.0.4 I.;.= ac V] 0 C ' VZ O '- C ' o C ... .. C C bD " .r .? .+ V) y a C b0 ea .: EM L ? ° y °=: W.fl Cq ? a? E o$ y [^ ;; ? O y ?• • ?V ^ e Q sr?11??^ c VQ0. .. • Ly EQ C C wr OO . . C ?O•? p ? C M V L ? L C RN CLC Q.1 H h. ?? = y ? Cd ??F3x"oa au Q eel rill) ?xNx ?d?a3 ?Q??3 V V 0. O W ? O O d 0. ?r z, od ?- a d h, O aLi c a vn o? 00 0\ o zz SHERIFF'S OFFICE OF CUMBERLAND COUNTY L Ronny R Anderson Sheriff i , Jody S Smith Chief Deputy JU1. 16 (_ r Richard W Stewart Solicitor C 01'J ?viZi:N ?i ;N i r LNINSYLVANIA US Bank National Association vs. Case Numb0 Justin C. Johns (et al.) 2011-6504 SHERIFF'S RETURN OF SERVICE 03/24/2012 08:47 AM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 60 Oliver Road, East Pennsboro Township, Enola, PA 17025, Cumberland County. 03/24/2012 08:47 AM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate IWrit, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Justin C. Johns at 60 Oliver Road, East Pennsboro Township, Enola, PA 17025, Cumberland County. 03/24/2012 08:47 AM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate 1?Vrit, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be JUSTIN C. JOHNS (HUSBAND), who accepted as "Adult Person in Charge" for Beth A. Johns at 60 Oliver Road, East Pennsboro Township, Enola, PA 17025, Cumberland County. 06/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice h Id been given according to law, he exposed the within described premises at public venue or outcry at th Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10: 0 AM. He sold the same for the sum of $1.00 to Attorney Terrance McCabe, on behalf of U.S. Bank Nati nal Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2, , being the buyer in this execution, paid to the Sheriff the su n of $ SHERIFF COST: $1,015.84 July 12, 2012 SO ANSWERS, R ANDERSON, SHERIFF ?. Fd +McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GA1RO, ESQUIRE - Ill # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 Plaintiff V. Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-6504 AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concern the real property located at: 60 Oliver Road, Enola, Pennsylvania 17025, as of the date the Praecipe for the Writ Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owners or Reputed Owners Name Justin C. Johns a/k/a Justin Johns Address 60 Oliver Road Enola, Pennsylvania 17025 Beth A. Johns a/k/a Beth Johns 60 Oliver Road Enola„ Pennsylvania 17025 Name and address of Defendants in the judgment: Name Justin C. Johns a/k/a Justin Johns Address 60 Oliver Road Enola, Pennsylvania 17025 Beth A. Johns a/k/a Beth Johns 60 Oliver Road Enola, Pennsylvania 177025 Name and last known address of every judgment creditor whose judgment is a record lien on real property to be sold: Name Address Plaintiff herein 4. 5. 6 Name'and address of the last recorded holder of every mortgage of record: 'Name. Plaintiff herein Address Name and address of every other person who has any record lien on the property: Name Address None Name and address of every other person who has any record interest in the property which may affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Address 60 Oliver Road Enola, Pennsylvania 17025 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: Name None P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington .Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal or information and belief. 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. February 10, 2012 _ T N E J. Mc ABE, ESQUIRE DATE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL T.I AT CERTAff lot or piece of ground with the buildings and improvements thereon erected situate in the Township of f East Pennsboro, County of Cumberland, State of Penasylvan a, bounded rind described in accordance with a survey acrd plan thereof made toy D. P. Raffensperger, Registered Sur-veAor, datedAlay 28, 1959, as follows: BEGTAWflVG at a point on the southwesterly side of Oliver Road (SO feet wide) at the dista ice of two hundred twenty-one and sixty-nine hundredths (221.69) feet ineusured northwardly alo tg Oliver Road from the northwesterly side ofLouis Land (South); thence along Lot No. 61 on the hereinafter mentioned Plan of Lots, south forty-four (44) degrees west, one hundred ten (110) feet to a corner of Lot No. 36 on said plan; thence along Lot No. 36 north forty-six (46) de roes west, sixty-four (64) feet to u scorner of Lot No. 59 on said plan; thence along Lot No. 59, north forty four (44) degrees east, one hundred anti ten (110) feet to a point on the southwesterly side of Oliver Road; thence along the some, south, for,?v-six (46) degrees east, suty-four (64)feel to the paint and place of BEGINNING, BEING Lot Nu. 60 on a Plan of Lots entitled "Louis Park" which said plan is recorded in Book 3, page 50, Cumberland County records. TIAVING thereon erected a one-story frame a%velling, kinown and numbered as 60 Oliver Enola, Pa. 17021 RB5678 60 Oliver Road, Enola, Pennsylvania 17025. BEING the same premises which MATTHEW J. PENNINGTON, SINGLE INDIVIDUAL by deed dated Decembc 30, 2005 and recorded January 13, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 272, Page 3861, granted and conveyed to Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns, husband and wife, in fee. TAX MAP PARCEL NUMBER: 09-13-1002-010 McCABE, WEISBERG AND CONWAY, P.C. 6Y: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC-S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. C'ONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff CIVIL ACTION LAW U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates„ Series 2006-2 COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Number l 1-6504 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Justin C. Johns a/k/a Justin Johns Beth A. Johns a/k/a Beth Johns 60 Oliver Road 60 Oliver Road Enola, Pennsylvania 17025 Enola, Pennsylvania 17025 I Your house (real estate) at 60 Oliver Road, Enola, Pennsylvania 17025 is scheduled to be sold at Sheri s Sale on June 6, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $98,440. 6 obtained by U.S. Bank National Association, as Trustee for TBW Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if :you pay to U.S. Bank National Association, as Trustee for TB W Mortgage-Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Sei 2006-2 the back payments, late charges, costs, and reasonable attorney's fees due. To find out much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790- 1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the jud if the judgment was improperly entered. You may also ask the Court to postpone the sale for cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate' compared to the value of your property. 3. The salt; will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, 'Weisberg and Conway, P.C. at (21.5) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict yo . 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) day of the sale. This schedule will state who will be receiving that money. The money will be paid o i in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the sched4l of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO I ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CirR3WIN lot or piece of ground with the buildings and improvements the=rears erected situate in the Township of East Pennsboro, County of Cumberland. State of Pennsylvania, bounded and described in accordance x4th a sunfcy and plan iitereaf rnade Iav D. P. Ra, f)`ensperger, Registered Surveyor, dated Afay 28, 1959, as follows: BEGIArArING at a point on the southwesterly side of Oliver Road (50 feet wide) ,at the dicta ice of two hundred twenty-one and sixt) -nine hundredths (221. G9) feet nfeusttred northwardly along Oliver }load from the northwesterly side of Louis Land (South); thence along Lot No. 61 on the hereinafter mentioned Plan of Lots, south forty foam (44) degrees west, one hundred ten (110) feet to a corner ofLot NQ, 36 on said plan; thence along Lot No. 36 north forty-six (46) deg ees west, sixty-four (64) feet to a corner of Lot No. 59 on .raid plan; thence along Lot No. 59, north forty-four (44) degrees east, one hundred anti ten (110) feet to a point on the southwesterly ide of Oliver Road; thence along the same, south forte-six (46) degrees east, sixty four (64) feet to the point and place of BEGINNING. BEING Lot No: 60 on a Plan of Lots entitled "Louis Park " which said plan is recorded in Book 5, page 50, Cumberland County records. HAVING thereon erected a one-story frame dwelling, kinown and numbered as 60 Oliver Enola, Pa, 17025, RB5678 60 Oliver Road, Enola, Pennsylvania 17025. BEING the same premises which MATTHEW J. PENNINGTON, SINGLE INDIVIDUAL by deed dated December 30, 2005 and recorded January 13, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 272, Page 3861, granted and conveyed to Justin C. Johns a/k/a Justin .Johns and Beth A. Johns a/k/a Beth Johns, husband and wife, in fee. TAX MAP PARCEL NUMBER: 09-13-1002-010 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-6504 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR TBW MORTGAGE-BACKED TRUST SERIES 2006-2, TBW MORTGAGE-BACKED PASS- THROUGH CERTIFICATES, SERIES 2006-2 Plaintiff (s) From JUSTIN C. JOHNS A/K/A JUSTIN JOHNS AND BETH A. JOHNS A/K/A BETH JOHNS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying, any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) I1'property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, ;you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $98,440.76 L.L.: $.50 Interest FROM 12/13/11 - $2, 856.78 AT $16.14 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $196.00 Other Costs: Plaintiff Paid: Date: 2/23/12 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET,SUITE 2080 TRUE COPY FROM REl M Testimony whereof, I hero unto e PHILADELPHIA, PA 19109 and the > of said Court at Canis Ef ? Q ' This day of Attorney for: PLAINTIFF Telephone: 215-790-1010 F -1 Supreme Court ID No. 16496 my hand Par.. ) ?? ?? La A On March 2, 2012 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, known and numbered 60 Oliver Road, Enola, PA 17025 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: March 2, 2012 By: For Claudia Brewbaker, Real Estate Coordinator s wo CUMBERLAND LAW JOURNAL Writ No. 2011-6504 Civil Term U.S. Bank National Association, as Trustee for TBW Mortgage- Backed Trust Series 2006-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2006-2 vs. Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Atty.: Margaret Gairo ALL THAT CERTAIN lot or piece of ground with the buildings and im- provements thereon erected situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania bounded and described in accordance with a survey and plan thereof made by. D. P. Raffensperger, Registered Surveyor, dated May 28, 1959, as follows: BEGINNING at a point on the southwesterly side of Oliver Road (`50 feet wide) at the distance of two hundred twenty-one and sixty-nine hundredths (221.69) fee: measured northwardly along Oliver Road from the northwesterly side of Louis Land (South thence along Lot No. 6/ on the hereinafter mentioned Plan of Lois south forty-four (44) degrees west, one hundred ten (110) feet to a corner of Lot No, 36 on said plan; thence along Lot No. 36 north forty-six (46) degrees west, sixty-four 64 to a cor- ner of Lot No. 59 on said plan; thence along Lot No. 59. north forty-four (44) degrees east, one hundred and ten (110) fret to a point on the southwest- erly side of Oliver Road; thence along the same, south forty-six (46) degrees cast, sixty-four (64) feet to the point and place of BEGIJWJING. BEING Lot No. 60 on a Plan of Lots entitled `Louis Park" which said plan is recorded in Plan Bool 5, page 50, Cumberland County records. HAVING thereon erected a one- story frame dwelling, known and 71 numbered as 60 Oliver Road Enola, Pa. 17025. RB5678 60 Oliver Road, Enola, Pennsylvania 17025. BEING the same premises which MATTHEW J. PENNINGTON, SINGLE INDIVIDUAL by deed dated December 30 2005 and recorded January 13, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 272, Page 3861, granted and conveyed to Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns, husband and wife, in fee. TAX MAP PARCEL NUMBER: 09- 13-1002-010. e PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County am State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La` Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesa 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 regularl; 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: April 27, May 4, and 11, 2012 Affiant further deposes that he is authorized to verify this statement by the is Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 11 da of May, 2012 Notary •' NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28. 2014 Law Journal, a legal periodical of general circulation, and that he is not interested in the subj 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. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify the Sheriff's Deed in which TBW 2006-2 is the grantee the same having been sold to said grantee on the 6 day of June A.D., 2012, and by virtue of a writ Execution issued on the 23 day of Feb, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 6504, at the suit of as Trustee for TBW Mortgage-Backed Trust Series 2006-2 against and Beth A. Johns A/K/A Beth Johns is duly recorded as Instrument Number 201221091. IN TESTIMONY WHEREOF, I have hereunto set i and eal of said office this A.D. hand of of balm County, Care, the Fret Mm ft of Jan. The Patriot-News Co. 2020 Technology Pkwy e a rlo ews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin:} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and tate 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this $tatement as to the time, place and character of publication are true; and That she 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 se erally 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 This ad ran on the date(s) shown below: 04/27/12 05/04/12 r 05/11/12 Sworn ot'?' su?scri d be re merlhi.0" f May, 2012 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA i Notarial Seal Public Sherrie L. Owens, Notary Dauphin county Lower Paxton my Commission SxPIores Nov. 261 2015 MEMBER,PEMNSYLVANIA ASSOCIATION OF NOTARIES 2011.6504 Chdi Term U.S. Bank National Association, as Trustee for Tow Mortgage-Backed Trust Series 2006.2, TOW Mortgage-Backed Pass-Through Certificates, Series 2006-2 VS Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns Atty- Margaret Galro ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania bounded and described in accordance with a surveyand plan thereof made by.D. P. Raffensperger, Registered Surveyor, dated May 28,1959, as follows: BEGINNING at a point on the southwesterly side of Oliver Road (`50 feet wide) at the distance of two hundred twenty-one and sixty-nine hundredths (221.69) fee: measured northwardly along Oliver Road from the northwesterly side of Louis Land (South thence along Lot No. 6/ on the hereinafter mentioned Plan of Lois south forty-four (44) degrees west, one hundred ten (110) feet to a comer of Lot No, 36 on said plan; thence along Lot No. 36 north forty-six (46) degrees west, sixty-four 64 to a comer of Lot No. 59 on said plan; thence along Lot No. 59. north forty-four (44) degrees east, one hundred and ten (110) fret to a point on the southwesterly side of Oliver Road; thence along the same, south forty-six (46) degrees cast, sixty-four (64) feet to the point and place of BEGINNING. BEING Lot o. 60 on a Plan of Lots entitled `Louis k" hich said plan is recorded in Plan Boot 5, page 50, Cumberland County records. HAVING thereon erected a one-story frame dwelling, known and numbered as 60 Oliver Road Enola, Pa. 17025. RB5678 60 Oliver Road, Enola, Pennsylvania 17025. BEING the same premises which MATTHEW J. PENNINGTON, SINGLE INDIVIDUAL by deed dated December 30 2005 and recorded January 13, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 272, Page 3861, granted and conveyed to Justin C. Johns a/k/a Justin Johns and Beth A. Johns a/k/a Beth Johns, husband and wife, in fee. TAX MAP PARCEL NUMBER: 09-13- 1002-010