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HomeMy WebLinkAbout12-0042SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor The Bank of New York Mellono vs. Mitchell Baker (et al.) i ?-t??yt???b1 f. JA Case Number 2012-42 SHERIFF'S RETURN OF SERVICE 01/10/2012 10:47 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2012 at 1047 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mitchell Baker, by making known unto himself personally, at 32 Sussex Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY 01/10/2012 10:47 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2012 at 1047 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Beth Ann Shunk, by making known unto Mitchell Baker, adult in charge at 32 Sussex Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. _ RONALD HOOVER, DEPUTY SHERIFF COST: $50.00 January 11, 2012 SO ANSWERS, RONKSY 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 The Bank of New York Mellon flea Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. Plaintiff V. Mitchell Baker and Beth Ann Shunk Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012-42 Civil ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: rna) --C D ? _?C) h,Y M N Cn .r?- ?_., t C) y} 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 01/04/12 to 02/20/12 $ 298,456.16 $ 2,472.24 Total $ 300,928.40 , TERRENCE J. McEAB , ESQUIRE MARC S. WEISBERG, ESQUIRE ?, $0 d at EDWARD D. CONWAY, ESQUIRE Q J MARGARET GAIRO, ESQUIRE C k I WO Liq ?Attorney for Plaintiff a")) y s(p -]dY eaA a AND NOW this a of 2012, Judgment is entered in favor of Plaintiff, The aInk? of New York Mellon fka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A., and against Defendants, Mitchell Baker and Beth Ann Shunk, and damages are assessed in the amount of $300, .40, plus interest and costs. BY THE PRO ONO able- L I 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 The Bank of New York Mellon fka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. Plaintiff Mitchell Baker and Beth Ann Shunk Defendants SS. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: The undersigned, being duly sworn according to law, deposes and says that the Defendants, Mitchell Baker and Beth Ann Shunk, 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, Mitchell Baker and Beth Ann Shunk, are over eighteen (18) years of age, and reside as follows: Mitchell Baker 32 Sussex Drive Carlisle, Pennsylvania 17013 SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF 2012 NOTAR PUBLIC comMONWRAM4O'PI?N?t t-VAiM NtJTARIAL SEAL W.-a0 9AN M. PALkiER, Notary Public ,f P"rilade€Qhia, Phila. County My Cco..; ?issien Expires December 14, 2015 Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012-42 Civil Beth Ann Shunk 32 Sussex Drive Carlisle, Pennsylvania 17013 TER NCE I Mc AB , ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, 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 The Bank of New York Mellon fka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. Plaintiff V. Mitchell Baker and Beth Ann Shunk Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012-42 Civil 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 SUBSCRIBED BEF E ME THIS DAY OF 2012 'j , P NOTARY PUBLIC COWONMAI.THOlFPlN VANlII NOTARIAL SEAL MEGHAN M. PALMER, Notary Pubic City of PhFadelphia, Phila. County My Commission Expires December 14, 20,15 r' TERR CE J. McCABE, ESQUI E MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorney for Plaintiff 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, ESQUI E MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorney for Plaintiff OFFICE OF THE PROTHONOTARY 6 COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 S Prothonotary February 1, 2012 To: Mitchell Baker 32 Sussex Drive Carlisle, Pennsylvania 17013 The Bank of New York Mellon flea Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 C/o Bank of America, N.A. Cumberland County Court of Common Pleas Number 2012-42 Civil vs. Mitchell Baker Beth Ann Shunk 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 AGAINST YOU WITHOUT AHEARING AND YOUMAYLOSE YOURPROPERTY 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 WIT14 INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU W ITH 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 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O FOR ABOGADO Y FOR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSES U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA sum AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALOUNA, DICTAR SENTENCIAEN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE FMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORAR10, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 90-J9,10/8 BY:/'' l C 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 mb OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Prothonotary February 1, 2012 To: Beth Ann Shunk 32 Sussex Drive Carlisle, Pennsylvania 17013 The Bank of New York Mellon fka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. Cumberland County Court of Common Pleas Number 2012-42 Civil VS. Mitchell Baker Beth Ann Shunk 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 AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PFRSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA sUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (I0) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER LISTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y LISTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON 1 NFORMAC16N ACERCA DE LAS AGENCIAS QUE PU EDEN OFRECFR 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) 90-9108 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 mb t OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Mitchell Baker 32 Sussex Drive Carlisle, Pennsylvania 17013 The Bank of New York Mellon fka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. Plaintiff V. Mitchell Baker and Beth Ann Shunk Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2012-42 Civil NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has b n ent in t ve proceedin s indicated below. Prothono 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 Conwav P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Beth Ann Shunk 32 Sussex Drive Carlisle, Pennsylvania 17013 The Bank of New York Mellon fka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-13C4 c/o Bank of America, N.A. Plaintiff V. Mitchell Baker and Beth Ann Shunk Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2012-42 Civil NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has be entered in the above proceeding as indicated below./ Prothonota db X Judgment by Default -. Money Judgment -. Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisbery- and Conway,_ P.C. at 215 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION The Bank of New York Mellon tka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, FILE NO.: 2012-42 Civil Civil Term AMOUNT DUE: $300,928.40 INTEREST: from 02/21/12 11 ) N.A. $5,278.31 at $49.33 V. ATTY'S COMM.: Mitchell Baker and Beth Ann Shunk COSTS: tl -t--x --4c° {") -p-, TO THE PROTHONOTARY OF SAID COURT: ca = The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or a&ouftcbasa on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 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 County, for debt, interest and costs upon the following described property of the defendant(s) _ 32 Sussex Drive Carlisle, Pennsylvania 17013 (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 lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: as.sa ?? A-4? .10, 90, ?03.7s - ?? • 2S - Co Signature. Q 4?_,-- P Print Name: TERRENCE J. McCABE, Es "E MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff Firm: MCCABE, WEISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. R-4- a ?«Ql -QC LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, PA being Lot No. 55, as sho+irra on Greyaka Mew, a Single Family RudwU Dev Pmsnt FIrW Subdivieton Plan. Phase 1, Secbw 1, ddsd January 21,1997, by PemTws EttyaasWng, Inc.. StMs Collage, PA, in Plan Book 76, Page 90, being bounded and daencri *d as folic EGiMN ING at an iron pin, tieing an easlarly oomilir opt Lot No. 54, and in a soWhady right of way line of Sussex Drive (60 taut riot of way), tlieancae said riot of *my, South 71 0grees 50 ri wtes 56 99=ids =ast M40 feet to an iron pin, ly ing alorq 60 of way and being an nor0woly oomer of Lot No. 56; ttaerna8 along am Lot, South 18 degrees 09 mtnu*o 04 seconds VAK 102.88 Md to an NDn ph. being a wssUdy c otrw of SM Lot and tying as a norMerly lint of Lot N0.37, t WM* Moog said Lot MOM 63 degrees 29 rrdnutnes 34 seconds West 67.78 feast tD art ]torn pin, tying in a northatV Nna of Lot No. 50, and being a soul ly roomer of Lot No. 64: ? atom said Lot No* 16 degrees 09 mlrnJeeai 04 oNs East, 11616t to an Ww pin, being the place of BEGiNNIING, CONTAJ14ING 0.187 acres Lot No. 55 is siiblad to a 10 loot wide utility easement along its sheet fmntagna. UNDER AND SUBJECT to l lar Declaration of Prcatec*m Cwmnw is for ChesEnrf d Maw recorded in %Wl Book 589, Page 65. ALSO, UNDER AND SUBJECT to Master Dodarabon ofProladive Covenants, Reservabons and Easemenb fear Checl arifeld Manor r orded MNac. Book 559, Page 76. RB5678 32 Sussex Drive, Carlisle, Pennsylvania 17013. BEING the same premises which LUIS A. MUNIZ AND JANINE M. MUNIZ, HUSBAND AND WIFE by deed dated March 24, 2006 and recorded April 3, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 273, Page 4130, granted and conveyed to Mitchell Baker and Beth Ann Shunk in fee. TAX MAP PARCEL NUMBER: 05-19-1647-195 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 Attorneys for Plaintiff 2012 AR -1 AM 11:134 IBERLAND COUNTY PENNSYLVANIA The Bank of New York Mellon fka Bank of New York, CUMBERLAND COUNTY as Trustee for the Benefit of the Certificateholders of COURT OF COMMON PLEAS the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A, Plaintiff V. Mitchell Baker and Beth Ann Shunk Defendants NO: 2012-42 Civil 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: 32 Sussex Drive, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owners or Reputed Owners Name Address Mitchell Baker 32 Sussex Drive Carlisle, Pennsylvania 17013 Beth Ann Shunk 32 Sussex Drive Carlisle, Pennsylvania 17013 Name and address of Defendants in the judgment: Name Address Mitchell Baker 32 Sussex Drive Carlisle, Pennsylvania 17013 Beth Ann Shunk 32 Sussex Drive Carlisle, Pennsylvania 17013 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Bureau of Compliance Dept 280946 Harrisburg, Pennsylvania 17128 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 32 Sussex Drive Carlisle, Pennsylvania 17013 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`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 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: Sheriffs 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 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 1 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. February 22, 2012 T ENCE J. McCABE, ESQU E DATE MARGARET GAIRO, ESQUIR CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN trot of land s*jged in the Borough of Car", Cumbertaind County. PA being Lot No, 56, as show on Grey;ebxm Manor, a Single Family Reeiden Qevelmrriont, Fine Subdivision Plan, Phase 1, Seoban 1, did Ja>a y 21. 1997, by PstanTenaa Engeoenng, Inc., State College, PA, in Flan Book 76, Page 90, being bounded and described as kattea s BEGINNING at an iron pin, being an warty corner of tat No. 64, and lye in ae southeirly right: of way kne of Sussex Drive (60 foot rot of wary). #w= along said rim of wsay, South 71 Mgmes 50 n nulas 56 ssrronds last. t3t3;.40 feet to an iron pin. N ing along mW right of way and basing an nixtherty c3omw of Lot No. 58.1 box* a WV se+d Look, South 18 degrees 09 mhut es 04 seoonds Wast, 102.88 feet to an iron pin, being a sane bdy c orraer of sold Lot and lying to a northe€ty line of Lot No. 57; Ounce Song Said Lot, North 63 d egress 28 Nnwte:s 34 so=urs West, 67.79 feet to an iron pins, lying in aE nr erly We of Lot No. 60, and tieing a sow corner of Lot No. 64; thence suing said Lot North 16 d@Wm 09 minutes 04 seconds Fast. 116.56 Vest to an iron per, bairn the plaze of BEGINNING CONTAINING 0,187 acres Lot No. 55 is sub t to a 10 loot wide uddty asaernent along its auto frontage. UNDER AND SUBJECT to Master Declaration of P€olrat Cwmnants for aChaderf d Manua €ro oorded in Misc. Book , P "o 65. ALSO, UNDER AND SUBJECT to Maher Oodara5on tsfProtecdve Covenants, Reservations end EassmenN for Chesterfield Manor r e mirdaed in Misc... Book vat, Page 70, RB5678 32 Sussex Drive, Carlisle, Pennsylvania 17013. BEING the same premises which LUIS A. MUNIZ AND JANINE M. MUNIZ, HUSBAND AND WIFE by deed dated March 24, 2006 and recorded April 3, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 273, Page 4130, granted and conveyed to Mitchell Baker and Beth Ann Shunk in fee. TAX MAP PARCEL NUMBER: 05-19-1647-195 .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 Attorneys for Plaintiff 912 N A -I AMI1? 34. ?-U?MDERLAND COUNTY PENNSYLVANIA CIVIL ACTION LAW The Bank of New York Mellon flea Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-13C4 c/o Bank of America, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Mitchell Baker and Beth Ann Shunk Number 2012-42 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Mitchell Baker Beth Ann Shunk 32 Sussex Drive 32 Sussex Drive Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 Your house (real estate) at 32 Sussex Drive, Carlisle, Pennsylvania 17013 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 $300,928.40 obtained by The Bank of New York Mellon fka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. 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 The Bank of New York Mellon fka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. 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 LEGAL DESCRIPTION ALL THAT CIERTAIN pct of UM in the 80MUGh of CW", GUWAriend County. PA being Lot No. 56, as shown on Gr stmo Mawr. a Sire Farnily Raeidsntim D0V11i0Pa* , Final Subdivision Plan, Phase 1, Section 1, domed Jwwwry 211, W, by PsmTen ling, lnc.. Stolle College, PA, in Plan Book 76, Page 90, being bounded and dourbed as khms' BEGINNING at an iron pin, being an assWY oorrrer of Lot No. 64, and lying in a souttAr y right of way lino of Sussex Drive (60 toot rigtfit of way). t -Onoe along said r of wary, South 71 daghas 50 mrwfts 56 secorwo asL 6&40 feat tD an iron pin, lying along said: right of way and being an north r corner of Lot No. 56; dome along aeut Lot, South 18 degrees 09 rnvkfts 04 aeowAs West 1012.88 feat to an i pin, being s westerly corner of Sate tacit and tying In a northerly line of Lot No. 57; thence Shang said Litt, North 63 degrees 29 rninutes 34 second* West 67.79 feet to an iron pin, lying in a northerty of Lot No, $0, Saud (being a soudwly Corner of Lot No. 64 tfLKm aiang said Lot North 18 degrees 09 minutes 174 ssoom% Ea$L 116,56 feet to an WW pin, being the piece of BEGINNING, CONTAINING 0187 acres Lot No. 55 is subod to a 10 bot wide utility earserrtent along its suet frontage. UNDER AND SUBJECT to Master Oration of Protec $ve Cwmnents for Cheaterfi d Manor rooorded in Misc. Back 589, Page 66. ALSO, UNDER AND SUBJECT to Masher Doclaimbon of P ive Covenants, Reserva s and Easernenb for Gnesterflald Manor recorded in Mir Bark 589, Page 78. RB5678 32 Sussex Drive, Carlisle, Pennsylvania 17013. BEING the same premises which LUIS A. MUNIZ AND JANINE M. MUNIZ, HUSBAND AND WIFE by deed dated March 24, 2006 and recorded April 3, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 273, Page 4130, granted and conveyed to Mitchell Baker and Beth Ann Shunk in fee. TAX MAP PARCEL NUMBER: 05-19-1647-195 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 The Bank of New York Mellon tka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. Plaintiff V. Mitchell Baker and Beth Ann Shunk Defendants Attorneys for Plaintiff - e r CL °. ;'QROTPIONOTA ? i Ap --1 #?'? f 1= 34 !,UMPENNSYLVAN A T CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012-42 Civil 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, Mitchell Baker and Beth Ann Shunk, 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, Mitchell Baker and Beth Ann Shunk, are over eighteen (18) years of age, and reside as follows: Mitchell Baker 32 Sussex Drive Carlisle, Pennsylvania 17013 SWORN AND SUBSCR?I.xB D BEFO E THIS J. AY OF ?Q?^ ,Mt( 6" 2012 1 .cl ` c ' NOTARY PUBLIC COMMONWEALTH CF PFNNSYLVANIA FNO N KANE-NJIA`? P JbLICMISS Gti EX, L5 'R. 08 . 2J15 Beth Ann Shunk 32 Sussex Drive Carlisle, Pennsylvania 17013 s .. f TERRENCE J. McCABE, ESQUIRb MARGARET 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 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 The Bank of NeNv York Mellon fka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. Plaintiff V. Mitchell Baker and Beth Ann Shunk Defendants AttorneysJor Plaintiff ya PtPT1 ONOT?j r 11 FEAR -1 Aid 11: 34 'UMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2012-42 Civil 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: Mitchell Baker Beth Ann Shunk 32 Sussex Drive 32 Sussex Drive Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 SWORN AND SUBSCRIBED BEFO E THIS r AY OF 2012 NOTARY PUBLIC TERRENCE J. McCABE, ESQUI MARGARET GAIRO, ESQUIRE t CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff COMMONWEALTH ?f P=NN5YLVANII NOTAr AL SEAL CCRIAN h4PdE-NJTi;i`?Y PURLIC? City of Lhiia'elrhia. r? a ?p runty MY CCMMiKICY EYr RES A?R. 08, 2015 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-42 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON FKA BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2006-BC4 C/O BANK OF AMERICA, N.A. Plaintiff (s) From MITCHELL BAKER AND BETH ANN SHUNK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $300,928.40 L.L. $.50 Interest FROM 2/21/12 -- $5,278.31 AT $49.33 Atty's Comm % Due Prothy $2.25 Atty Paid $201.25 Other Costs Plaintiff Paid Date: MARCH 1, 2012 David D. Buell, Prothonotary (Seal) dd?p A012 x 4-? Deputy REQUESTING PARTY: Name CHRISTINE L. GRAHAM, ESQ. 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. 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 SCOTT T. TAGGART, ESQUIRE - ID # 86862 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 The Bank of New York Mellon flea Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. Plaintiff V. Mitchell Baker and Beth Ann Shunk Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2012-42 Civil PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: MW -?v tor`" sv ? 6 -< rn D c a ? ' J. Kindly vacate, upon payment of your costs only, the default judgment entered in the above-captioned matter against defendants MITCHELL BAKER and BETH ANN SHUNK on February 24, 2012. This praecipe to vacate is filed without prejudice to plaintiffs rights in this matter and is without prejudice to plaintiffs right of recovery against defendants on the underlying obligation. DATE: ? ? 4 1- ,L Marc S. Weisberg, Esquire Attorney for Plaintiff 9.50 P(J A'n'd ?`? 1lv4 ?o`l /leKa? Q'? a'I?j30? 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 The Bank of New York Mellon fka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. Plaintiff Mitchell Baker and Beth Ann Shunk Defendants Attorney for Plaintiff 3 N ?t X M -' M ' CD C 5 . - 7 .c 7 CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2012-42 Civil PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as Discontinued and Ended, without prejudice, upon payment of your costs only. M PS.Weisb?erg, 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 SCOTT T. TAGGART, ESQUIRE - ID # 86862 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 The Bank of New York Mellon fka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. Plaintiff V. Mitchell Baker and Beth Ann Shunk Defendants Attorney for Plaintiff ? isr-- c N T> r f.? CA ) CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2012-42 Civil CERTIFICATE OF SERVICE I, Marc S. Weisberg, Esquire, Attorney for Plaintiff, hereby certifies that a true and correct copy of the within Praecipe to Discontinue and End, as well as Praecipe to Vacate Judgment, was served on the below persons by regular first class mail, postage prepaid, on thei2* of April, 2012. Mitchell Baker 32 Sussex Drive Carlisle, Pennsylvania 17013 Beth Ann Shunk 32 Sussex Drive Carlisle, Pennsylvania 17013 DATE: 'L l Z Marc . Weisberg, Esquire Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderlon _ Sheriff Jody S Smith Chief Deputy 2 1 Richard W Stewart (r; fl' 5 • j- « V Solicitor The Bank of New York Mellon vs. Case Number Mitchell Baker (et al.) 2012-42 SHERIFF'S RETURN OF SERVICE 03/23/2012 08:36 PM - Deputy Valerie Weary, 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 32 Sussex Drive, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 03/23/2012 08:36 FPM - Deputy Valerie Weary, being duly sworn according to law, served the requested Real Estate Writ, 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: Mitchell Baker at 32 Sussex Drive, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 03/23/2012 08:36 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Real Estate Writ, 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 mitchell baker - boyfriend, who accepted as "Adult Person in Charge" for Beth Ann Shunk at 32 Sussex Drive, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 04/03/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $116.49 SO ANSWERS, May 24, 2012 RON R ANDERSON, SHERIFF . Ste, !_..L. pd - i IF MCCABF,, WEISBERG A,ND 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 474770 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 The Bank of New York Mellon flea Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. Plaintiff V. Mitchell Baker and Beth Ann Shunk Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2012-42 Civil 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: 32 Sussex Drive, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A 'copy of the description of said property being attached hereto. Name and address of Owners or Reputed Owners Name Address Mitchell Baker 32 Sussex Drive Carlisle, Pennsylvania 17013 Beth Ann Shunk 32 Sussex Drive Carlisle, Pennsylvania 17013 Name and address of Defendants in the judgment: Name Address Mitchell Baker 32 Sussex Drive Carlisle, Pennsylvania 17013 Beth Ann Shunk 32 Sussex Drive Carlisle, Pennsylvania 17013 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Bureau of Compliance Dept 280946 Harrisburg, Pennsylvania 17128 c.. 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 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 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Address 32 Sussex Drive Carlisle, Pennsylvania 17013 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 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. 31 1 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 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. February 22, 8012 T ENCE J. McCABE, ESQU E DATE MARGARET GAIRO, ESQUIR CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Borough Of C3disJa. Cumberland County. PA being Lot No, 55, as shown on Greystrnte Manor, a Single Family Residential Development, Final Subdivision Plan, phase 1, Section 1,, dated January 21, 1997, by PennTemt Engmeedng, Inc, State College, PA, in Plan Book 76, Rage 90, being bounded and described as taFkrws: BEGINNING at an iron pin, being an e"terty comer of Lot No. 54, and lying in a south" tight of way tine of Sussex Drive (60 foot right of way); thence a" said right of way, South 71 degraera 50 minutes 56 seu3nds East, 66,40 feet to an iron pin, lying along said right of way and being an northerly comer of Lot No. 56; thence along am Lot, South 18 degrees 09 minutes 04 seconds Wast, 102.88 feet to an iron pin, being a W"llerty comer of sal d Lot and lying in a northerly line of Lot No. 57; thence alorig said Lot, North 83 degrees 29 minutes 34 second Nest, 67.70 feet to an iron pin, lying in a northerly lkw of Lot No. 69, and being a southody comer of Lot No. 54 thence along sold Lot, North 18 degrees 09 minutes 04 seconds East 116 56 feet to an iron pin, being the i s of BEGINNING CONTAINING 0.167 acres Lot No. 55 is subject to a 10 loot wide utility easement along its street frontage UNDER AND SUBJECT to Master Declaration of Protect Covenaft for ChesterWd Manor recorded in Ate, Book 585, Page 65_ ALSO, UN ER AND SUBJECT to Master Dadaration of protective Covanattts, Reservations and Easements for Chesterfield Manor recorded in Misc. Book 589, Page 76 RB5678 32 Sussex Drive, Carlisle, Pennsylvania 17013. BEING the same premises which LUIS A. MUNIZ AND JANINE M. MUNIZ, HUSBAND AND WIFE by deed dated March 24, 200$ and recorded April 3, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 273, Page 4130, granted and conveyed to Mitchell Baker and Beth Ann Shunk in fee. TAX MAP PARCEL NUMBER: 05-19-1647-195 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 Attorneys for Plaintiff CIVIL ACTION LAW The Bank of New York Mellon fka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS ;Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Mitchell Baker and Beth Ann Shunk Number 2012-42 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Mitchell Baker Beth Ann Shunk 32 Sussex Drive 32 Sussex Drive Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 Your house (real estate) at 32 Sussex Drive, Carlisle, Pennsylvania 17013 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, I Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $300,928.40 obtained by The Bank of New York Mellon fka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. 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 The Bank of New York Mellon fka Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-BC4 c/o Bank of America, N.A. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 I . 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of Land situated In the Borough of Carlisle, Cumberland County, PA being Lot No, 55, as shown on Graystone Manor, a Single Family Residential Development, Final. Subdivision Plan, Phase 1, Sec-lion 1, dated January 21, 1907, by aPennTerm Engineering, Inc.. State College, PA, in Plan Book 76, Page 90, being bounded and described as fotlbws: BEGINNING at an iron pin, being an easterly comer of Lot No. 54, and fying in a southerly, right of way lint of Sussex Drive (60 boot right of way).- thence along said right of way, South 71 degrees 50 minutes 56 seconds East, 66.401, feet to an iron pin, log along said right of way and being an northady corner of Lot No. 56; the ice along seal at, South 18 degrees 09 minuets 04 seconds mast, 102.88 feet to an iron pin, being a westerly corner of said Lot and lying in it northerly, line of Lot No. 57; thence along said Lo,4 Ncg1h 83 degrees 29 minutes 34 seoondb West 67.79 feet to an iron pink Eying in a northerly fine of Lot No. 59, and being a southerly corner of Lot No. 64; irience along said Lai; North 18 degrees W minutes 04 seconds East. 116.56 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.167 acres Lot No. 55 is subject to a 10 foot wide utility easement along its street frontage. UNDER AND SUBJECT to Master Declaration of Protective Covenants for Chesterfield 14anor rsoobed in Misc. Book 589, Page 66. ALSO, UNDER AND SUBJECT to LAaster Declaration of Prolective Covenants, Raservabons and Easements for Cnecterteld (manor recorded in Misc. Book 399, Page 76. RB5678 32 Sussex Drive, Carlisle, Pennsylvania 17013. BEING the same premises which LUIS A. MUNIZ AND JANINE M. MUNIZ, HUSBAND AND WIFE by deed dated March 24, 2006 and recorded April 3, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 273, Page 4130, granted and conveyed to Mitchell Baker and Beth Ann Shunk in fee. TAX MAP PARCEL NUMBER: 05-19-1647-195 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-42 Civil CIVIL ACTION - LAW TO THE; SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON FKA BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2006-BC4 C/O BANK OF AMERICA, N.A. Plaintiff (s) From MITCHELL BAKER AND BETH ANN SHUNK (1) Youiare directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishees and is enjoined as above stated. Amount Due $300,928.40 Interest PROM 2/21/12 Atty's Comm % Atty Paid'' $201.25 Plaintiff Raid Date: MARCH 1, 2012 (Seal) -- $5,278.31 AT $49.33 L.L. $.50 Due Prothy $2.25 Other Costs David D. Buell, Prothonotary __e - P. Deputy REQUESTING PARTY: Name CHRISTINE L. GRAHAM, ESQ. 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. TRUE COPY FROM RECORD In Ti*WrwW wlMr1 h*m unto set my Nand and #* mw of Mid cou ct at rAeA w, Pa. Tft cedar d l_V ?e_k __20 LA... ::7 ,,)0- On March 12, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, known and numbered 32 Sussex Drive, Carlisle, PA 17013 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: March 12, 2012 By: For Claudia Brewbaker, Real Estate Coordinator ?"..^rt .y ;^a.,' s... , r., ra ^?g .??'? ! r? ""4 "" ? a , •; ? ..- J k'?i ? .s v ?it+s}ri ?? e , ?.: C'""+i) s*»5,`9 1 .'DG".??a8r!'avY?+its",:°`?T Illl .+? . e.::?;3 t? tEt? 9i?a b tae sr# tC?!orsrc?