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HomeMy WebLinkAbout12-0166 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Todd A. Barrick 675 North Middle Road Newville, Pennsylvania 17241 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. Plaintiff V. Todd A. Barrick Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 12-166 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMEN as be ter e abovoproc ng as indicated below. Pro nary - 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. 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 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. Plaintiff V. Todd A. Barrick Defendant Attorpgyr ftapw HONG TA ; Vii. '?9OERLA?;D COUNTY ._c 1NSYLVAN1A CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 12-166 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant 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 12/04/11 to 03/06/12 $ 180,622.41 $ 3,825.80 Total $ 184,448.21 V, ?? 'L A ? TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorney for Plaintiff a. M s 14 SD10d 46? 04 1491 ys( AND NOW, this day of rd 2012, Judgment is entered in favor of Plaintiff, Wells _ff -elie a'7 aI<'S a t4afi0, (*kJ Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc., and against Defendant, Todd A. Barrick, and damages are assessed in the amount of $184,448.21, plus interest and costs. 00-. BY THE P THO 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 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. Plaintiff V. Todd A. Barrick Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 12-166 Civil Term 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 Defendant, Todd A. Barrick, is 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 Defendant, Todd A. Barrick, is over eighteen (18) years of age, and reside as follows: Todd A. Barrick 675 North Middle Road Newville, Pennsylvania 17241 SWORN AND SUBS.#IBED 47 ME THIS DAY V12 NOTARY PUBLIC ""UNWEALTH OF PENNSYLYANiq N13TARIAL SEAL Amanda M. CaAPeUetti - Nota L O'°fPhiiadelphia, Philadel ryPubliC MY COMMISSION Phis County EXPIRES OCT 28, ?015 Iz- TERRENCE J. McCABE, 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 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. Plaintiff Todd A. Barrick Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 12-166 Civil Term 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 Defendant that judgment would be entered against him/her 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 ME T'H S L DAY 91 0- A 0, 29-12 TARY PUBLIC COMMONW ALTH OF PENNSTLVANIA NOTARIAL BEAL Amanda M. Cappelletti -Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES T. 28, 2015 TERR NCE J. MCCABE, ESQUIRE 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 unswom falsification to authorities. n TERRE CE J. MCCABE, SQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS J Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary r? February 14, 2012 To: Todd A. Barrick 675 North Middle Road Newville, Pennsylvania 17241 Wells Fargo Bank, N.A., as Trustee for Cumberland County Option One Mortgage Loan Trust Court of Common Pleas 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Number 12-166 Civil Term Mortgage Servicing, Inc. Vs. Todd A. Barrick 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 W ITH INFORMATION ABOUT AGENCIES THAT MAYOFFER 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 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS 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 ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMFNTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELFFONEA LA OFICINA EXPUSO ABAJo. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N 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 LEGALFS A PERSONAS ELEGBLES EN UN HONORARIO REDUCIDO NI NINGON HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 ?pw (800) 99 8 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-166 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-FXD2, ASSET-BACKED CERTIFICATES, SERIES 2007-FXD2 C/O AMERICAN HOME MORTGAGE SERVICING, INC. Plaintiff (s) From TODD A. BARRICK (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: $184,448.21 Interest FROM 3/07/12 - $5,533.92 AT $30.24 Atty's Comm: % Arty Paid: $190.25 Plaintiff Paid: Date: 4/24/2012 (Seal) L.L.: S.50 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name: TERRENCE J. MCCABE, 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 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. Todd A. Barrick FILE NO.: 12-166 Civil Term Civil Term AMOUNT DUE: $184,448.21 INTEREST: from 03/07/12 $5,533.92 at $30.24 ATTY'S COMM.: COSTS: --,MBERLAND COUNT"" PENNSYLVANIA TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 675 North Middle Road, Newville, Pennsylvania 17241 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: l 7117. - - . S of a$ J 01. Ofd b 3•nS "" 1 6. Sb O u N $196 a Signature: Print Name: TE 4NCE?J.'NfeCABE, ESQUIRE 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. 16496 ?j?i.y oI LEGAL DESCRIPTION All that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan for Samuel L. and Katie S. Fisher, latest revised August 30, 1989, by Stephen G. Fisher, PLS, and recorded in Cumberland County Plan Book 59, Page 8, as follows: Beginning at a P.K. spike at the corner of Lot 7-A as set forth on Subdivision Plan for Samuel L. and Katie S. Fisher dated July 18, 1990, and recorded in Cumberland County Plan Book 61, Page 120, being the center line of Middle Road (T-402); thence by the center line of Middle Road, North 59 degrees, 51 minutes, 13 seconds West, 259.76 feet to a point; thence by the same and a curve to the left with a radius of 1,339.72 feet, a chord length of 98.19 feet to a point; thence by the same by a curve to the right with a radius of 253.39 feet, a cord length of 133.45 feet, to a P.K. spike; thence by the same, North 26 degrees, 19 minutes, 21 seconds West, 30.84 feet to a point; thence by the same and lands now or formerly of Gary L. Smith and wife, North 31 degrees, 3 minutes, 58 seconds West, 100 feet to a point; thence by the same, North 42 degrees, 51 minutes, 58 seconds West, 79.48 feet to a point; thence by lands now or formerly of Robert G. Zimmerman, North 32 degrees, 49 minutes, 30 seconds East, 7.77 feet to a point; thence by the same, South 70 degrees (incorrectly stated on prior deeds as 7), 14 minutes, 30 seconds East, 35.73 feet to a point; thence by the same, South 41 degrees, 14 minutes Bast, 201.60 feet to an iron pin set; thence by the same, North 74 degrees, 21 minutes East, 1,116.70 feet to an iron pin set at corner of Lot Addition "B" on said Plan of Lots; thence by said Lot Addition "B", South 7 degrees, 50 minutes, 16 seconds East, 285.11 feet to an iron pin set; thence by Lot 6, as shown in Plan Book 56, Page 141, South 02 degrees East, 63.36 (incorrectly stated on prior deeds as 67.36) feet to an iron pin set at corner of Lot 7 as shown in Plan Book 59, Page 8; thence by the said Lot 7, South 68 degrees, 33 minutes, 37 seconds West. 570.82 feet to an iron pin set; thence by the same. South 30 degrees, 8 minutes, 47 seconds West, 134.24 feet to a P.K. spike in the center of the said Middle Road (T-408); thence by the center of the said Middle Road, North 59 degrees, 51 minutes, 13 seconds West, 183.03 (incorrectly stated on prior deeds as 163.21) feet to a P.K. spike, the place of beginning. Containing 8.97 acres gross Tax ID - 44-05-0411 -011 K RB5678 675 North Middle Road, Newville, Pennsylvania 17241. BEING the same premises which VIRGINIA M. KINER, SINGLE WOMAN, AND TODD A. BARRICK, SINGLE MAN by deed dated November 14, 2006 and recorded December 14, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4965, granted and conveyed to Todd A. Barrick, single man, in fee. TAX MAP PARCEL NUMBER: 44-05-0411-011K MkABE, 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 CAIRO, 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 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. Plaintiff V. Todd A. Barrick Defendant Attorneys for Plaintiff .? f Eri_ b nU 1VJ1i Tt'Si4 € 2 l"R 24 A 11: 2u,, L. u 6 2ERLAN0 COUNT`',' PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 12-166 Civil Term 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: 675 North Middle Road, Newville, Pennsylvania 17241, 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 Owner or Reputed Owner Name Todd A. Barrick Address 675 North Middle Road Newville, Pennsylvania 17241 Name and address of Defendant in the judgment: Name Todd A. Barrick Address 675 North Middle Road Newville, Pennsylvania 17241 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 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 675 North Middle Road Newville, Pennsylvania 17241 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: 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 P.O. Box 320 Cumberland County Carlisle, PA 17013 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 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 51 11 950 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. April 12, 2012 DATE TERRE CE J. McCABE, ESQUIRE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUA1L, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION All that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan for Samuel L. and Katie S. Fisher, latest revised August 30, 1989, by Stephen G. Fisher, PLS, and recorded in Cumberland County Plan Book 59, Page 8, as follows: Beginning at a P.K. spike at the corner of Lot 7-A as set forth on Subdivision Plan for Samuel L. and Katie S. Fisher dated July 18, 1990, and recorded in Cumberland County Plan Book 61, Page 120, being the center line of Middle Road (T-402); thence by the center line of Middle Road, North 59 degrees, 51 minutes, 13 seconds West, 259.76 feet to a point; thence by the same and a curve to the left with a radius of 1,339.72 feet, a chord length of 98.19 feet to a point; thence by the same by a curve to the right with a radius of 253.39 feet, a cord length of 133.45 feet, to a P.K. spike; thence by the same, North 26 degrees, 19 minutes, 21 seconds West, 30.84 feet to a point; thence by the same and lands now or formerly of Gary L. Smith and wife, North 31 degrees, 3 minutes, 58 seconds West, 100 feet to a point; thence by the same, North 42 degrees, 51 minutes, 58 seconds West, 79.48 feet to a point; thence by lands now or formerly of Robert G. Zimmerman, North 32 degrees, 49 minutes, 30 seconds East, 7.77 feet to a point; thence by the same, South 70 degrees (incorrectly stated on prior deeds as 7), 14 minutes, 30 seconds East, 35.73 feet to a point; thence by the same, South 41 degrees, 14 minutes Bast, 201.60 feet to an iron pin set; thence by the same, North 74 degrees, 21 minutes East, 1,116.70 feet to an iron pin set at corner of Lot Addition "B" on said Plan of Lots; thence by said Lot Addition "B", South 7 degrees, 50 minutes, 16 seconds East, 285.11 feet to an iron pin set; thence by Lot 6, as shown in Plan Book 56, Page 141, South 02 degrees East, 63.36 (incorrectly stated on prior deeds as 67.36) feet to an iron pin set at corner of Lot 7 as shown in Plan Book 59, Page 8; thence by the said Lot 7, South 68 degrees, 33 minutes, 37 seconds West. 570.82 feet to an iron pin set; thence by the same. South 30 degrees, 8 minutes, 47 seconds West, 134.24 feet to a P.K. spike in the center of the said Middle Road (T-408); thence by the center of the said Middle Road, North 59 degrees, 51 minutes, 13 seconds West, 183.03 (incorrectly stated on prior deeds as 163.21) feet to a P.K. spike, the place of beginning. Containing 8.97 acres gross Tax ID - 44-05-0411 -011 K RB5678 675 North Middle Road, Newville, Pennsylvania 17241. BEING the same premises which VIRGINIA M. KINER, SINGLE WOMAN, AND TODD A. BARRICK, SINGLE MAN by deed dated November 14, 2006 and recorded December 14, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4965, granted and conveyed to Todd A. Barrick, single man, in fee. TAX MAP PARCEL NUMBER: 44-05-0411-011K McCABE, WMBERt 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 CIVIL ACTION LAW Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. V. Todd A. Barrick Attorneys for Plaintiff [(? t r 1iMBERLAPvD NTY "ENNS YLV COUANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 12-166 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Todd A. Barrick 675 North Middle Road Newville, Pennsylvania 17241 Your house (real estate) at 675 North Middle Road, Newville, Pennsylvania 17241 is scheduled to be sold at Sheriffs Sale on September 5, 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 $184,448.21 obtained by Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. 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 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. 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 certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan for Samuel L. and Katie S. Fisher, latest revised August 30, 1989, by Stephen G. Fisher, PLS, and recorded in Cumberland County Plan Book 59, Page 8, as follows: Beginning at a P.K. spike at the corner of Lot 7-A as set forth on Subdivision Plan for Samuel L. and Katie S. Fisher dated July 18, 1990, and recorded in Cumberland County Plan Book 61, Page 120, being the center line of Middle Road (T-402); thence by the center line of Middle Road, North 59 degrees, 51 minutes, 13 seconds West, 259.76 feet to a point; thence by the same and a curve to the left with a radius of 1,339.72 feet, a chord length of 98.19 feet to a point; thence by the same by a curve to the right with a radius of 253.39 feet, a cord length of 133.45 feet, to a P.K. spike; thence by the same, North 26 degrees, 19 minutes, 21 seconds West, 30.84 feet to a point; thence by the same and lands now or formerly of Gary L. Smith and wife, North 31 degrees, 3 minutes, 58 seconds West, 100 feet to a point; thence by the same, North 42 degrees, 51 minutes, 58 seconds West, 79.48 feet to a point; thence by lands now or formerly of Robert G. Zimmerman, North 32 degrees, 49 minutes, 30 seconds East, 7.77 feet to a point; thence by the same, South 70 degrees (incorrectly stated on prior deeds as 7), 14 minutes, 30 seconds East, 35.73 feet to a point; thence by the same, South 41 degrees, 14 minutes Bast, 201.60 feet to an iron pin set; thence by the same, North 74 degrees, 21 minutes East, 1,116.70 feet to an iron pin set at corner of Lot Addition "B" on said Plan of Lots; thence by said Lot Addition "B", South 7 degrees, 50 minutes, 16 seconds East, 285.11 feet to an iron pin set; thence by Lot 6, as shown in Plan Book 56, Page 141, South 02 degrees East, 63.36 (incorrectly stated on prior deeds as 67.36) feet to an iron pin set at corner of Lot 7 as shown in Plan Book 59, Page 8; thence by the said Lot 7, South 68 degrees, 33 minutes, 37 seconds West. 570.82 feet to an iron pin set; thence by the same. South 30 degrees, 8 minutes, 47 seconds West, 134.24 feet to a P.K. spike in the center of the said Middle Road (T-408); thence by the center of the said Middle Road, North 59 degrees, 51 minutes, 13 seconds West, 183.03 (incorrectly stated on prior deeds as 163.21) feet to a P.K. spike, the place of beginning. Containing 8.97 acres gross Tax ID - 44-05-0411 -011 K RB5678 675 North Middle Road, Newville, Pennsylvania 17241. BEING the same premises which VIRGINIA M. KINER, SINGLE WOMAN, AND TODD A. BARRICK, SINGLE MAN by deed dated November 14, 2006 and recorded December 14, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4965, granted and conveyed to Todd A. Barrick, single man, in fee. TAX MAP PARCEL NUMBER: 44-05-0411-011K Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ?.`L`P? F (t Wells Fargo Bank, NA vs. Todd A Barrick 112 JUL -3 AM g. E GUMBERLA D COUN i y PENNSYLVAMA Case Number 2012-166 SHERIFF'S RETURN OF SERVICE 06/18/2012 07:43 PM - Deputy Michael Barrick, 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 675 N. Middle Road, Upper Mifflin Road, Newville, PA 17241, Cumberland County. 06/18/2012 07:43 PM - Deputy Michael Barrick, 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: Todd A Barrick at 675 N. Middle Road, Upper Mifflin Road, Newville, PA 17241, Cumberland County. 07/02/2012 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: $84.41 July 02, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF S L L F? McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McC-?BE, 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 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. Plaintiff V. Todd A. Barrick Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 12-166 Civil Term 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: 675 North Middle Road, Newville, Pennsylvania 17241, 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 Owner or Reputed Owner Name Todd A. Barrick Address 675 North Middle Road Newville, Pennsylvania 17241 2. Name and address of Defendant in the judgment: Name Todd A. Barrick Address 675 North Middle Road Newville, Pennsylvania 17241 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 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 None Name None 6. Address Name and address of every other person who has any record interest in the property which may be affected by the sale: 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 Address Tenants/Occupants 675 North Middle Road Newville, Pennsylvania 17241 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 P.O. Box 320 Cumberland County Carlisle, PA 17013 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 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. April 12, 2012 _ DATE TERR CE J. McCABE, ESQUIRE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION All that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan for Samuel L. and Katie S. Fisher, latest revised August 30, 1989, by Stephen G. Fisher, PLS, and recorded in Cumberland County Plan Book 59, Page 8, as follows: Beginning at a P.K. spike at the corner of Lot 7-A as set forth on Subdivision Plan for Samuel L. and Katie S. Fisher dated July 18, 1990, and recorded in Cumberland County Plan Book 61, Page 120, being the center line of Middle Road (T-402); thence by the center line of Middle Road, North 59 degrees, 51 minutes, 13 seconds West, 259.76 feet to a point; thence by the same and a curve to the left with a radius of 1,339.72 feet, a chord length of 98.19 feet to a point; thence by the same by a curve to the right with a radius of 253.39 feet, a cord length of 133.45 feet, to a P.K. spike; thence by the same, North 26 degrees, 19 minutes, 21 seconds West, 30.84 feet to a point; thence by the same and lands now or formerly of Gary L. Smith and wife, North 31 degrees, 3 minutes, 58 seconds West, 100 feet to a point; thence by the same, North 42 degrees, 51 minutes, 58 seconds West, 79.48 feet to a point; thence by lands now or fonnerly of Robert G. Zimmerman, North 32 degrees, 49 minutes, 30 seconds East, 7.77 feet to a point; thence by the same, South 70 degrees (incorrectly stated on prior deeds as 7), 14 minutes, 30 seconds East, 35.73 feet to a point; thence by the same, South 41 degrees, 14 minutes Bast, 201.60 feet to an iron pin set; thence by the same, North 74 degrees, 21 minutes East, 1,116.70 feet to an iron pin set at corner of Lot Addition "B" on said Plan of Lots; thence by said Lot Addition "B", South 7 degrees, 50 minutes, 16 seconds East, 285.11 feet to an iron pin set; thence by Lot 6, as shown in Plan Book 56, Page 141, South 02 degrees East, 63.36 (incorrectly stated on prior deeds as 67.36) feet to an iron pin set at corner of Lot 7 as shown in Plan Book 59, Page 8; thence by the said Lot 7, South 68 degrees, 33 minutes, 37 seconds West. 570.82 feet to an iron pin set; thence by the same. South 30 degrees, 8 minutes, 47 seconds West, 134.24 feet to a P.K. spike in the center of the said Middle Road (T-408); thence by the center of the said Middle Road, North 59 degrees, 51 minutes, 13 seconds West, 183.03 (incorrectly stated on prior deeds as 163.21) feet to a P.K. spike, the place of beginning. Containing 8.97 acres gross Tax ID - 44-05-0411-011 K RB5678 675 North Middle Road, Newville, Pennsylvania 17241. BEING the same premises which VIRGINIA M. KINER, SINGLE WOMAN, AND TODD A. BARRICK, SINGLE MAN by deed dated November 14, 2006 and recorded December 14, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4965, granted and conveyed to Todd A. Barrick, single man, in fee. TAX MAP PARCEL NUMBER: 44-05-0411-011K 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 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Todd A. Barrick Number 12•-166 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Todd A. Barrick 675 North Middle Road Newville, Pennsylvania 17241 Your house (real estate) at 675 North Middle Road, Newville, Pennsylvania 17241 is scheduled to be sold at Sheriffs Sale on September 5, 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 $184,448.21 obtained by Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. 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 'Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. 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 certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan for Samuel L. and Katie S. Fisher, latest revised August 30, 1989, by Stephen G. Fisher, PLS, and recorded in Cumberland County Plan Book 59, Page 8, as follows: Beginning at a P.K. spike at the corner of Lot 7-A as set forth on Subdivision Plan for Samuel L. and Katie S. Fisher dated July 18, 1990, and recorded in Cumberland County Plan Book 61, Page 120, being the center line of Middle Road (T-402); thence by the center line of Middle Road, North 59 degrees, 51 minutes, 13 seconds West, 259.76 feet to a point; thence by the same and a curve to the left with a radius of 1,339.72 feet, a chord length of 98.19 feet to a point; thence by the same by a curve to the right with a radius of 253.39 feet, a cord length of 133.45 feet, to a P.K. spike; thence by the same, North 26 degrees, 19 minutes, 21 seconds West, 30.84 feet to a point; thence by the same and lands now or formerly of Gary L. Smith and wife, North 31 degrees, 3 minutes, 58 seconds West, 100 feet to a point; thence by the same, North 42 degrees, 51 minutes, 58 seconds West, 79.48 feet to a point; thence by lands now or formerly of Robert G. Zimmerman, North 32 degrees, 49 minutes, 30 seconds East, 7.77 feet to a point; thence by the same, South 70 degrees (incorrectly stated on prior deeds as 7), 14 minutes, 30 seconds East, 35.73 feet to a point; thence by the same, South 41 degrees, 14 minutes Bast, 201.60 feet to an iron pin set; thence by the same, North 74 degrees, 21 minutes East, 1,116.70 feet to an iron pin set at corner of Lot Addition "B" on said Plan of Lots; thence by said Lot Addition "B", South 7 degrees, 50 minutes, 16 seconds East, 285.11 feet to an iron pin set; thence by Lot 6, as shown in Plan Book 56, Page 141, South 02 degrees East, 63.36 (incorrectly stated on prior deeds as 67.36) feet to an iron pin set at corner of Lot 7 as shown in Plan Book 59, Page 8; thence by the said Lot 7, South 68 degrees, 33 minutes, 37 seconds West. 570.82 feet to an iron pin set; thence by the same. South 30 degrees, 8 minutes, 47 seconds West, 134.24 feet to a P.K. spike in the center of the said Middle Road (T-408); thence by the center of the said Middle Road, North 59 degrees, 51 minutes, 13 seconds West, 183.03 (incorrectly stated on prior deeds as 163.21) feet to a P.K. spike, the place of beginning. Containing 8.97 acres gross Tax ID - 44-05-0411-011 K RB5678 675 North Middle Road, Newville, Pennsylvania 17241. BEING the same premises which VIRGINIA M. KINER, SINGLE WOMAN, AND TODD A. BARRICK, SINGLE MAN by deed dated November 14, 2006 and recorded December 14, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4965, granted and conveyed to Todd A. Barrick, single man, in fee. TAX MAP PARCEL NUMBER: 44-05-0411-011 K WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-166 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-FXD2, ASSET-BACKED CERTIFICATES, SERIES 2007-FXD2 C/O AMERICAN HOME MORTGAGE SERVICING, INC. Plaintiff (s) From TODD A. BARRICK (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 allows: 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: $184,448.21 Interest: FROM 3/07/12 - $5,533.92 AT $30.24 Atty's Comm: % Arty Paid: $190.25 Plaintiff Paid: Date: 4/24/2012 (Seal) REQUESTING PARTY: Name: TERRENCE J. MCCABE, ESQUIRE L.L.: $.50 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy 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 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of sald Cc3u at Carlisle, Pay. This ry -4 day of 20-1 :2 Prothonotary ?f.? C, S4QA/> b?Al On April 26, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Upper Mifflin Township, Cumberland County, PA, known and numbered 675 North Middle Road, Newville, PA 17241 more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 26, 2012 r BY: ?I ? WdA 4--- &uIt46/1 Claudia Brewbaker, Real Estate Coordinator McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorney for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 C `i EDWARD D. CONWAY, ESQUIRE - ID # 34687 r.a -' MARGARET GAIRO, ESQUIRE - ID # 34419 maw ? r ' ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 X r 'vim HEIDI R. SPIVAK, ESQUIRE - ID #74770 -<D MARISA J. COHEN, ESQUIRE - ID # 87830 r"-Z KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 mn ==C CHRISTINE L. GRAHAM, ESQUIRE - ID# 309480 C) c BRIAN T. LAMANNA, ESQUIRE - ID# 310321 123 South Broad Street, Suite 1400 o Philadelphia, Pennsylvania 19109 1 (215) 790-1010 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. Plaintiff V. Todd A. Barrick CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 12-166 Civil Term Defendant PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate, upon payment of your costs only, the default judgment entered in the above-captioned against defendant TODD A. BARRICK on March 8, 2012. This praecipe to vacate is filed without prejudice to rights in this matter and is without prejudice to plaintiffs right of recovery against defendant on the underlying DATE: 7/ vZ?O?d ??j CQ TERRENCE J. McC , ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE HEIDI R. SPIVAK, ESQUIRE MARISA J. COHEN, ESQUIRE KEVIN T. MCQUAIL, ESQUIRE T<CHRISTINE L. GRAHAM, ESQUIRE BRIAN T. LAMANNA, ESQUIRE awA ATTORNEY FOR PLAINTIFF Nth'" ID JJ I - ffs (a9 ;N8 )-7591 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 CAIRO, 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 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. Plaintiff V. Todd A. Barrick Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 12-166 Civil Term CERTIFICATE OF SERVICE (_ ?r?S??nR.. L. G? II` Attorney for Plaintiff, hereby certifies that a true and correct copy of the Praecipe to Discontinue and End, as well as Praecipe to Vacate Judgment, was served on the below person(s) by first class mail, postage prepaid, on the Jr.aday oP012. Todd A. Barrick 675 North Middle Road Newville, Pennsylvania 17241 DATE: /_1 TERRENCE J. MICA E, SQUIRE MARC S. WEISBERG, QUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE HEIDI R. SPIVAK, ESQUIRE MARISA J. COHEN, ESQUIRE KEVIN T. MCQUAIL, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE BRIAN T. LAMANNA, 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 CAIRO, 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 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2, Asset-Backed Certificates, Series 2007-FXD2 c/o American Home Mortgage Servicing, Inc. Plaintiff V. Todd A. Barrick Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 12-166 Civil Term PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: C ? ca t '? r2 ? `-' a z n w tT- o Kindly mark the above-captioned matter as Discontinued and Ended, without prejudice, upon payment of your costs only. TERRENCE J. McCABE, S UIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE HEIDI R. SPIVAK, ESQUIRE MARISA J. COHEN, ESQUIRE KEVIN T. MCQUAIL, ESQUIRE xCHRISTINE L. GRAHAM, ESQUIRE BRIAN T. LAMANNA, ESQUIRE ATTORNEY FOR PLAINTIFF Attorney for Plaintiff'