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HomeMy WebLinkAbout12-1845-y r`a N ' °i ( " .C ?? ..D- 9 C' C+ cam' McCABE, WEISBERG AND CONWAY, P.C. / BY: VTERRENCE 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 OneWest Bank, FSB 7700 West Parmer Lane Austin, Texas 78729 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 101 - 18gs v. Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner 728 Forge Road Carlisle, Pennsylvania 17015 And Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 COMPLAINT IN MORTGAGE FORECLOSURE Olv;176-14 (83 41WPI Aa p77`/ ?'? Iloa?88 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 OFFERLEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le ban demandado a usted en la cone. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMLNTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. LSTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is OneWest Bank, FSB, duly organized and doing business at the above-captioned address. 2. The Defendant is Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner of the mortgaged property hereinafter described, and his/her last-known address is 728 Forge Road, Carlisle, Pennsylvania 17015. 3. The Defendant is Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner of the mortgaged property hereinafter described, and his/her last-known address is 135 Old Stonehouse Road, Carlisle, Pennsylvania 17015. 4. On January 12, 2007, Mary M. Barrick made, executed and delivered a mortgage upon the premises hereinafter described to M&T Bank which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1981, Page 1121, such Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 5. On December 30, 2009, the aforesaid mortgage was thereafter assigned by M&T Bank to Mortgage Electronic Registration Systems, Inc., as nominee for Financial Freedom Acquisition LLC, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Instrument 200942896, such Assignment of Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 6. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Financial Freedom Acquisition LLC to OneWest Bank, FSB, Plaintiff herein, by assignment which will be duly recorded in the office of the recorder for Cumberland County. 7. On July 30, 2011, Mary M. Barrick departed this life. Letters Testamentary were granted unto Betty A. Eurich and Roy E. Barrick as Administrator of the Estate of Mary M. Barrick , Deceased Mortgagor and Real Owner. 8. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 7 West Springville Road, Boiling Springs, Pennsylvania 17007. 9. The mortgage is in default because the mortgager is deceased. 10. The following amounts are due on the mortgage: Principal Balance $ 126,964.03 Interest through February 29, 2012 $ 22,126.86 (Plus $7.36 per diem thereafter) Late Charges $ Attorney's Fee $ 1,450.00 Corporate Advance $ 1,890.00 Mortgage Insurance Premiums (MIP) $ 7,474.09 GRAND TOTAL $ 159,904.98 11. Notice of Intention to Foreclose under Act 6 of 1974 (41 P.S. §403) was sent to Defendant by certified mail, return receipt requested as required by that Act. Notice under the Homeowner's Emergency Mortgage Assistance Act (Act 91) was not provided as the provisions of such Act were not applicable at that time and no notice under such Act was required. 12. Plaintiff does not hold the named Defendants personally liable on this cause of action and releases them from any personal liability. This action is being brought to foreclose their interest in the aforesaid real estate only. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $159,904.98, together with interest at the rate of $7.36 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. . McCABE, WEISBERG AND CONWAY,P.C. BY. - - TERRENCE J. McCABE, 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 [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY. [,4 TERRENCE J. McCABE, ESQUIRE [ ] MARC S. WEISBERG, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRI [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE Attorneys for Plaintiff OneWest Bank, FSB v. Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner, Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner A i? ?X?I101? Legal Description ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the public road known as the Springville Road, which leads Westwardly from the Carlisle-Boiling Springs Road to Springville Cemetery, which point is a corner of land now or formerly of Ray Paxton; thence along land of the said Ray Paxton, South Eleven (11) degrees Forty-five (45) minutes East, a distance of Two Hundred Ten and Three tenths (210.3) feet to a point in the Northern line of a private driveway; thence along the Northern line of said private driveway, North Seventy-nine (79) degrees Fifteen (15) minutes East, a distance of Seventy-five (75) feet to a point in line of land now or formerly of the Boiling Springs Booster Association; thence along land of the latter, North Eleven (11) degrees Forty-five (45) minutes West, a distance of Two Hundred Nine (209) feet to a point in the center of the aforesaid public road; thence by the center of the aforesaid public road, South Eighty (80) degrees West, a distance of Seventy-five (75) feet to a point, the Place of BEGINNING. UNDER and SUBJECT to restrictions and conditions as now appear of record. Being the same property acquired by Mary M. Barrick, by Deed recorded 03/12/2003, of record in Deed Book 256, Page 322 and/or Instrument Number 200311539, in the Office of the Recorder of Cumberland County, Pennsylvania. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?Q???arr at ??un6f?r.ylt? O ..u; OFFICE OF THE S" MFF - f ; .,.. ;., ., (0 PH I l ia} y[ 4.. ?. I... i"'` r ?" ?.6 L! {? iv I 'j OneWest Bank, FSB vs. Betty A. Eurich (et al.) Case Number 2012-1845 SHERIFF'S RETURN OF SERVICE 03/27/2012 08:29 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2012 at 2029 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Roy E. Barrick, by making known unto himself personally, at 135 Old Stone House Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BU GET' `-?TY 03/30/2012 05:55 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2012 at 1755 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Betty A. Eurich, by making known unto Ashley Byers, Daughter of Defendant at 728 Forge Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. 2 L E4 ROB RT BITNER, DEPUTY 04/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, Deceased Mortgager and Real Owner, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Roy E. Barrick. Request for service at 7 W. Springville Road, Boiling Springs, Pennsylvania 17007 is vacant. 04/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, Deceased Mortgager and Real Owner, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Betty A. Eurich. Request for service at 7 W. Springville Road, Boiling Springs, Pennsylvania 17007 is vacant. SHERIFF COST: $104.00 April 04, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ;cl CountySuite Shenff. Teieosoft. Inc. 5 ~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Betty A. Enrich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner 728 Forge Road Carlisle, Pennsylvania 17015 OneWest Bank, FSB Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Betty A. Enrich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner and Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner No. 12-1845 Civil Term Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has n en a in a ve as 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, Weisbere and Conway P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 OneWest Bank, FSB Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner and Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner No. 12-1845 Civil Term Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGM has ent. the above as indicated below. tho 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. McCABE, WEISBERG AND CONWAY, P.G ' ~ ~'t 1 's..t i{l BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 ~ for Plaintiff ~;t,~, 2 MARC S. WEISBERG, ESQUIRE - ID # 17616 ?~jt2 EDWARD D. CONWAY, ESQUIRE - ID # 34687 ` ~-~`Np ~~u~~~ MARGARET GAIRO, ESQUIRE - ID # 34419 ~i,~~'1`s'"'s~ ~S~(LVAN1~- 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 OneWest Bank, FSB CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. Number 12-1845 Civil Term Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner and Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner Defendants ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as Principal Interest from 03/01/12 to 08/07/12 $ 159,904.98 $ 1,177.60 Total $ 161,082 8 C V Marc S. Weisberg, Esquire Attorney for Plaintiff AND NOW, this wday of , 2012, Judgment is entered in favor of Plaintiff, OneW Bank, FSB, and against Defendants, Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner and Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased and real owner, and damages are assessed in the amount of $161,082.58, plus interest and costs. BY THE PROTH OT diG • ~~ ~"~? ~I tSZe I ~~u ~~ ~ lY- 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 One West Bank, FSB Plaintiff v. Betty A. Eurich, Administrator of the Estate of Mary M. Garrick, deceased mortgager and real owner and Roy E. Barrick, Administrator of the Estate of Mary M. Barrick deceased mortgager and real owner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 12-1845 Civil Term AFFIDAVIT AS TO MILITARY SERVICE Catherine Bradford, being of lawful age and being first duly sworn on oath, states and deposes as follows: I . I am a Legal Assistant at McCabe, Weisberg & Conway, P.C. 2. On the 10`'' day of August, 2012, I personally conducted an online search through the of Defense Manpower Data Center at httgs://www.dmdc.osd.miUscra/owa/home, which indicated that defendants, Betty A. Eurich and Roy E. Barrick, were not in the military service of the United States as of the I conducted the search. A true and accurate copy of the printout of the online search results from the Departr of Defense Manpower Data Center is attached hereto. 3. To my knowledge, defendants, Betty A. Eurich and Roy E. Barrick, are not infants incompetent. I affirm, under the penalties for perjury, that the foregoing representations are true. SWORN AND SUBSCRIBED By: ~ ~ BEFORE ME THIS ~ DAY Name: YOUR NAME ~ct-41~u.~~ ru- ~'~ OF 2012 Q wr~.LTH ^F PENNBv~Ve,N!~ NOTARY PUB ~IC ~ E A L Maleekah `~YiliLanks~ ~~`l.~#ary public City of Pniladel~hia, F?h'adeiphia County VY COMMISSION EXPiF;~S APR. Gb, 2015 or Results as of :Aug-07-2012 11:14:33 Department of Defense Manpower Data Center i (SCRA 2.2.2 ;tws hCsfpf~rt P~ to Servicemenibers Civil Relief Apt Last Name: BARRICK First Name: Active Duty Status As Of: Aug-07-2012 ~aa Aattt~. ~v~+ t~Ad~ ° _- =swttt:cwrl NA NA No NA This response relleeta the Individuak' aCtlw duly s0alus based an the Actlve Duty Status Date l.aft .~i7tINO 6fd}'t'~1k+~T3i7'tttly~ AdNe Duty Ste>, bate Acute Duty Erd Dsga •~ 9bM1U ~,Onipdtent NA NA No NA This response reflects where Me individual left alive duty status within 367 days preceding the Active Duty Status Da6e The IAember a FielYier Unll Was f{at@Itl d a Fulun GIt-Up WAOIbe ad' on Apke DdY 8etue Per fltdar NotlAaman Mart UaOa thder Noppcadart End Dale StaDn fiantca t Nq NA No NA This response rellacls whether the kdWidual or hisfier unft has roceNed early notlAcagon to report Tor alive duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is th status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Heal ,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. rtw~,r~. ,,h..d~_~-. Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 ,, . The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly kno n as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that th individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any mily member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitl to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.miUfaq(pis/PC09SLDR.htm1. If you have evidence the person was on active duty for the active duty s atus date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 52 (c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual le Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for ctive duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty pert s less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active servi e authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by th President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization positio in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard serve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the .S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and incudes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services p rinds. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this websit certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inGusive dates of rvice. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who ve not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of th SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: 4HEA32LEAF • Department of Defense Manpower Data Center 5t~ttus Report Pent to Serv+c~ru~nbr Civil Rcl~cf Act Last Name: EURICH First Name: Active Duty Status As Of: Aug-07-2012 Results as of :Aug-07-2Q 12 11:12:42 2.2.2 poipa;~ilt i?r ` ~# v!~. et~n: `: ~, , ; ~+ov~irtc or, ,1di+~axe~ ar - ae~ slalmrb'w> . NA NA No NA Thla response rellecla Me individuals' acive duly status based on Me Active Duty StNus Date LIRActlvaD~HYwiThJE7Q1~NWf~'~tl~~ .,~~I.: ~. Active Duly 9fari Date ACive Duty End Data ~ ~ lidtua baMw~CBrhparVenl _. NA NA No NA This response reflects where Ma individual left active duty status wIMM 36T days preuMrp the Active Duty StaWS Oele The Alerrber M F+ts~W4a UiYt Wet NotMad of a Fldtue~>c~1lA C7 As brS l L~ t~f< ikls Order Moiil~don &srt Dets Order NOilkutlan f~ Dm6s lflWU GarrpcnseM . NA NA No NA This response roflecls wheMer Me Individual or hisR~er untt has received early notlflcation to report for adhro duly Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is t status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Hea ,and Coast Guard). This status includes information on a Servicemember or hislher unit receiving ratification of future orders to report for Active Duty. r~-~,, r~ ,cr..~_,~.- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the offlclal source of data on eligibility for military medical care and other eligibility systems. The Do0 strongly supports the enforcement of the Servicemembers Civil Relief Ad (50 USC App. §501 et seq, as amended) (SCRA) (formerly kno n as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that th individual is currently on alive duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any mily member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitl to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty s atus date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 52 (c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual le Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for dive duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty peri s less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to alive servi e authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by th President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization positio in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty re~rds for all the Uniformed Services rinds. Title 32 periods of Active Outy are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this websit cerdflcation should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of rvice. Furthermore, some protections of the SCRA may eMend to persons who have received orders to report for active duty or to be inducted, but who h ve not actually begun alive duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of th SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under are protected WARNING: This certiflcate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: 1112COIC5M 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 OneWest Bank, FSB Plaintiff v. Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner and Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 12-1845 Civil Term AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, depose and say that the last-known mailing addresses of the Defendants are: Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner 728 Forge Road Carlisle, Pennsylvania 17015 SWORN AND SUBS,CIZIBED BEFORE ME THISI DAY OF , 2012 ~ ~ R NOTAR PUBLIC N ~t T i P NN 1'WANIA IVOTARfAt. SEAL AIySCft M~dnk+ewitx- public Olaf P Nphi~ Countyy My ~MtSS10N ~~ OCL 27, 201 Roy E. Barrick, Administrator of the Estate of I\ M. Barrick, deceased mortgager and real owner 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 Marc . Weisberg, Esqu' e Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL 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 OneWest Bank, FSB Plaintiff v. Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner and Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 12-1845 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 Defendants that judgment 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 BEFORE ME THIS J~hDAY OF ~~ lJ~~ 2012 , _ Marc fi. Weisberg, Es Attorney for Plaintiff be NOTA PUBLIC VERIFICATION The undersigned attorney hereby certifies that he is the Attorney for the Plaintiff in the within action, that he is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff's representative, who is out of jurisdiction and not available to sign this verification at this time, are true correct to the best of his knowledge, information and belief and further states that false statements herein are mac subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. Ma S. eisberg, Esqu e Attorney for Plaintiff OFFICE OE THE PROTHONOTARY I ('~ COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 ~ ~ ~ j Curt Long Prothonotary To: Apri120, 2012 Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and owner 728 Forge Road Carlisle, Pennsylvania 17015 OneWest Bank, FSB vs. Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner _ Cumberland County Court of Common Pleas Number 12-1845 Civil T~ 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 CLAIM3 3ET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BB ENTERED AGAINST YOU WITHOUTAHEARING AND YOU MAYLOSEYOURPROPERTY 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 INFORMAT[ON ABOUT HlRINO A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TOPROVIDEYOU WITHINFORMATIONABOUTAGENCIESTHATMAYOFFER LEGAL SERVICES TO EL10[BLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South 13edforrl Street Carlisle, Pennsylvania 17013 (800)990-9108 NOTIFICACION IMPORT USTED SE ENCUENTRA EN ESTADO DB REBELDIA POR O HABER PRESENTAAO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOOADO Y POR NO HABER CADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECT NES A LOS RECLAMOS FORMULAD03 EN CONTRA SUYO. AL NO OMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FEC DE ESTA NOTiFICACION, EL TRIBUNAL PODRA, SIN NECE iDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALO A,DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIEN U OTROS DERECHOS[MPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOOADO 1NMEDIATAMENTE. SI USTED NO TIENE A UN ABOO O, VA A O TELEFONEA 4A OF[CINA EXPUSO ABAJO. F.STA OFICIN LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMP EAR A UN ABOOADO. Si LISTED NO PUEDE PROPORCIONAR PARR EMPLEAR ABOGADO, 6STA OFICINA PUEDE SER CAPAZ DE PROPORCION RLO CON INFORMACIbN ACHRCA DE LAS AGENCIAS QUE PUEDEN O LOS SERVlC103 LEOALES A PERSONAS ELEGiBLES EN UN ONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedfonl Street Carlisle, Pennsylvania 17013 (800)99 9108 13Y: ~~" Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEI5BERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE mb Y ~ 1 ' OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary Apri120, 2012 To: Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 OneWest Bank, FSB Cumberland County vs. Court of Common Pleas Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner Number 12-1845 Civil Te Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner 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 1N WRITING W[TH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLBSS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDC}MENT MAYBE ENTERED AGAINSTYOU WITHOUT AHEARINO AND YOUMAYLOSEYOURPROPERTY OR OTHER TMPORTANT 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 W[TH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITHINFORMATION ABOUT AGENCIESTHAT MAYOFPER 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 IMPORT. LISTED SE ENCUENTRA EN ESTADO DE REBELDIA PORN HABER PRESENTADO UNA COMPARECENCIA ESCRITA, A SEA PERSONALMENTE O FOR ABOOADO Y POR NO HABER RADI DO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECION S A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO T MAR LA ACCION DEBIDA DENTRO DE D1EZ (10) DIAS DE LA FECHA DE ESTA NOTiFtCACION, EL TRBUNAL PODRA, SiN NECESI AD DE COMPARECER LISTED EN CORTE U OIR PREUBA ALGUN DICTAR SF,NTENCIA EN SU CONTRA Y LISTED PODRIA PERDER B1ENE U OTROS DERECHOS[MPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU BOGADO 1NMEDIATAMENTE. SI LISTED NO TIENE A UN ABOOA VA A O TELEFONEA LA OFiC1NA EXPUSO ABAJO. ESTA OFICINA 0 PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLE R A UN ABOGADO. SIUSTEDNOPUEDEPROPORCIONARPARAEMPLEARUN O(JADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONA CON [NFORMACION ACERCA DELAS AGENCiAS QUE PUEDEN O ERLOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN H ORARIO REDUCIDO NI NING[JN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800)990-9108 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1845 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ONE WEST BANK Plaintiff (s) From ROY E. BARRICK, ADMINISTRATOR OF THE ESTATE OF MARY M. BARRICK, DECEASED MORTGAGER AND REAL OWNER AND BETTY A. EURICH, ADMINISTATOR OF THE ESTATE OF MARY M. BARRICK, DECEASED MORTGAGER AND REAL OWNER (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: $161,082.58 L.L.: $.50 Interest FROM 08/08/12 TO 12/05/12 - $3,177.60 AT $26.48 Atty's''Comm: % Due Prothy: $2.25 Arty Paid: $255.25 Other Costs: Plaintiff Paid: Date: $/31/12 David D. Buell Prothonotary (Seal) Deputy REQUESTING PARTY: Name., MARGARET CAIRO, ESQUIRE Address: MCCABE, WEISBERG AND COMPANY 123 S. BROAD STREE, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 34419 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OneWest Bank, FSB V. Roy E. Barrick, Administrator of the Estate of Mary M. Barrick,deceased mortgager and real owner and Betty A. Eul, ich, Administrator of the Estate of Mary M. Barrick,' deceased mortgager and real owner FILE NO.: 12-1845 Civil Term Civil Te" AMOUNT DUE: $161,082.58 Go ' INTEREST: from 08/08/12 to 12/5/12 (Pr W $3,177.60 at $26.48 -< ` ATTY'S COMM.: Z C) N ; COSTS: TO THE OROTHONOTARY 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 19,66 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) 7 West Springville Road Boiling Springs Pennsylvania 17007 (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 ottachment 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: G?) ??P•? ll ?I ?, S? ll N a s? ?1 ?aSS•? Signature: A4zs pw4oy Print Name: Margar Gairo, Esquire Firm: MCCABE, W ISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 34419 .ash 0D. ??.?, (7 303 y ;4aXta7 LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the public road known as the Springville Road, which leads Westwardly from the Carlisle-,Boiling Springs Road to Springville Cemetery, which point is a corner of land now or formerly of Ray Paxton; thence along land of the said Ray Paxton, South Eleven (11) degrees Forty-five (45) minutes East, a distance of Two Hundred Ten and Three tenths (210.3) feet to a point in the Northern line of a private driveway; thence along the Northern line of said private driveway, North Seventy-nine (79) degrees Fifteen (15) minutes East, a distance of Seventy-fivo (75) feet to a point in line of land now or formerly of the Boiling Springs Booster Association; thence along land of the latter, North Eleven (11) degrees Forty-five (45) minutes West, a distance of Two Hundred Nine (209) feet to a point in the center of the aforesaid public road; thence by the center of the aforesaid public road, South Eighty (80)degrees West, a distance of Seventy-five (75) feet to a point, the Place of BEGINNING. UNDER and SUBJECT to restrictions and conditions as now appear of record. BEING known and numbered as 7 West Springville Road, Boiling Springs, Pennsylvania 17007 BEING the, same property acquired by Mary M. Barriek, by Deed recorded 03/12/2003, of record in Deed Book 256, Page 322 and/or Instrument Number 200311539, in the Office of the Recorder of Cumberland County, Pennsylvania. Parcel No.: 40-28-2100-088 r iL- 2312 AUGG 31 PNi 2* 4 ? McCABE, WEISBERG AND CONWAY, P.C. t BY: TERRENCE J. McCABE, ESQUIRE - ID # 1 IBERLAND COWUneys for Plaintiff MARC S. WEISBERG, ESQUIRE- ID # 17616 PFNNSYLVANI A EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 "EIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BJRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelpoia, Pennsylvania 19109 (215) 790JI010 OneWest Bank, FSB CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. NO: 12-1845 Civil Term Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner and Betty A. Eurich, Administrator of the Estate of Mary M. Barrick,deceased mortgager and real owner Defendants 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: 7 West Springville Road, Boiling Springs, Pennsylvania 17007, 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 Roy E Barrick, Administrator of the Estate of Mar M. Barrick, deceased mortgager and real owner Address 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 Betty E. Eurich, Administrator of the 728 Forge Road Estate of Mary M. Barrick, deceased Carlisle, Pennsylvania 17015 mortgager and real owner 2. Name and address of Defendants in the judgment: Name Address Roy E. Barrick, Administrator of the 135 Old Stonehouse Road Estate of Mary M. Barrick, deceased Carlisle, Pennsylvania 17015 mortgager and real owner Betty A. Eurich, Administrator of the 728 Forge Road Estate of Mary M. Barrick, deceased Carlisle, Pennsylvania 17015 mortgager and real owner 3 4. 5 6 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Address Name and address of the last recorded holder of every mortgage of record: Name Address The Secretary of Housing and Urban 451 Seventh Street, S.W. Development Washington, D.C. 20410 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 American Infosource as agent for Health Management Associates Address c/o Jon McCleskey P.O. Box 248894 Oklahoma City, Oklahoma 73124 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 Address 7 West Springville Road Boiling Springs, Pennsylvania 17007 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 PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name None Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U. S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address Iverify 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. Z _ t2 Margaren 'r kuuv t G iro, Esquire DATE Attorney fo Plaintiff 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 IJEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BIRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelplia, Pennsylvania 19109 (215) 7901010 Attorneys for Plaintiff :. C-- { . 'a T-r G CIVIL ACTION LAW OneWesl Bank, FSB COURT OF COMMON PLEAS v. Roy E. Blarrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner and Betty A. Euriclh, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner CUMBERLAND COUNTY Number 12-1845 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Roy E. Barrick, Administrator of the Estate of Mary Betty A. Eurich, Administrator of the Estate of M. Barrick, deceased mortgager and real owner Mary M. Barrick, deceased mortgager and real 135 Old Stonehouse Road owner Carlisle, Pennsylvania 17015 728 Forge Road Carlisle, Pennsylvania 17015 Your house (real estate) at 7 West Springville Road, Boiling Springs, Pennsylvania 17007 is scheduled to be sold at Sheriffs Sale on December 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 5161,082.58 obtained by OneWest Bank, FSB 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 OneWest Bank, FSB 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. 3. You may also be able to stop the sale through other legal proceedings. You may Deed 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. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 OneWest Bank, FSB Plaintiff v. Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgagor and real owner and Betty A. Eurich, Administrator of the Estate of Mary 'Vl. Barrick, deceased mortgagor and real owner Defiendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 12-1845 Civil Term AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULF, 3129 _; __._ . .r , ,; .s __ -- ~ __ ~~ ~; The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 19th day of October, 2012, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth. in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SVl-'OIZN ND SUBSC BEFO E T S ~ DAY OF /' ~ J2012 ARY PUBL,I r _ _. .,., .. s a ~~_~, 4lty UI 13t1lI~'~~:~ ' `~S1~~s`1'!'i vCilfit~ ~Y CQMMISStQh F.~r 1RES ,~+~1. i 1, 2x14 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff I TERRENCE. . McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWA`1', ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 McCABE, WEIS BERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 One West Bank, FSB Plaintiff v. Rod E. Warrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner and Betty A. Eurich.. Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner Defendants Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 12-1845 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE: 3129 "1'he undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 7 West Springville Road, Boiling Springs, Pennsylvania 17007, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Roy F. Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania (7015 Betty E. Eurich 728 Forge Road Carlisle, Pennsylvania 17015 2. Name and address of Defendants in the judgment: Name Address Roy E. Barrick, Administrator of the 135 Old Stonehouse Road Estate of Mary M. Barrick, deceased Carlisle, Pennsylvania 17015 mortgager and real owner Betty ,A. Eurich, Administrator of the 728 Forge Road Estate of Mary M. Barrick, deceased Carlisle, Pennsylvania 17015 mortgager and real owner 3. 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 4. Name and address of the last recorded holder of every mortgage of record: Name Address The Secretary of Housing and Urban 451 Seventh Street, S. W. Development Washington, D.C. 204110 5. Name and address of every other person who has any record lien on the property: Name Address 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 American Infosource as agent for P.O. Box 248894 Health Management Associates Oklahoma City, Oklahoma 73124 do Jon McCleskey 7 Name and address of every other person of whore the plaintiff has knowledge whc~ has any interest in the property which may be affected by the sale: Name Address Tenants,/Occupants 7 West Springville Road Boiling Springs, Pennsylvania 17007 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 1 10 North 8`~ 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 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-G948 Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTTd: Sheriff s Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 31 1 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA ]7108-1754 U.S. Dept. of Justice, Rm. 511 950 Pennsylvania Avenue N.W. Washington, DC 20530-0001 U.S. Dept. of Justice, Rm. 4400 950 Pennsylvania Avenue N.W. Washington, DC 20530-0001 Name and address of Attorney of record: Name Address None 1 verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. McCABE, WEISBERG & CONWAY, P.C. October 19. 2012 _ Attorneys for Plaintiff DA"I'E TERRE CE J McCABE, ESQUIRE MARC S. WE BERG, ESQUIRE EDWARD D. CONW'AY, ESQUIRE', MARGARET CAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L.. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 One West Bank. FSB Plaintiff Attorneys for Plaintiff COLiRT Oh COMMON PLEAS CUMBERLAND COUNTY v. Roy E. Barrick, Administrator of the Estate of Mary M Barrick, deceased mortgager and real owner and Betty A. Eurich, ,Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner Number 12-1845 Civil Ter•-n Defendants DATE: October 19, 2012 TO: ALL P;~RTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Roy E. Barrick, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner and Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, deceased mortgager and real owner PROPERTY: 7 West Springville Road, Boiling Springs, Pennsylvania 17007 IMPROVEMENTS: Residential Dwelling JUDGMENT' AMOUNT: $161,082.58 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption ~:rbove at the Sheriffs Sale on December 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 1.7013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after safe. 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V ~~ d CL Y L U. a a,~% .E~_ o 'B 7~ :e ;~ c "~ ~G,,~ ~` ti SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff '�'- -per )�'^ (��j f'�'j j� till 9 E`t 4.ytitl b�'h(r�!f ".` i d 71.. !'_.f S S.: 1 1 U Jody S Smith `7 Chief Deputy ; Richard w Stewart CUMBERLAND COUNTY Solicitor ENNS Y1 VAN1A OneWest Bank, FSB Case Number vs. Roy Edward Barrick(et al.) 2012-1845 SHERIFF'S RETURN OF SERVICE 09/21/2012 08:35 PM-Deputy Tim Black, 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 7 West Springville Road, Boiling Springs, PA 17007, Cumberland County. 11/30/2012 As directed by Terrance Mccabe,Attorney for the Plaintiff, Sheriffs Sale Continued to 1/9/2013 01/09/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on January 9, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Terrance McCabe, on behalf of Wells Fargo Bank, N.A., as Trustee for Reverview HECM 2007-2, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,130.98 SO ANSWERS, January 11, 2013 RbNW R ANDERSON, SHERIFF 7 60, McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff 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 OneWest Bank,FSB CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. NO: 12-1845 Civil Term Roy E. Barrick,Administrator of the Estate of Mary M. Barrick,deceased mortgager and real owner and Betty A. Eurich,Administrator of the Estate of Mary M. Barrick,deceased mortgager and real owner Defendants 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: 7 West Springville Road, Boiling Springs,Pennsylvania 17007,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners: Name Address Roy E Barrick,Administrator of the 135 Old Stonehouse Road Estate of Mar M. Barrick, deceased Carlisle,Pennsylvania 17015 mortgager and real owner Betty E.Eurich,Administrator of the 728 Forge Road Estate of Mary M. Barrick, deceased Carlisle,Pennsylvania 17015 mortgager and real owner 2. Name and address of Defendants in the judgment: Name Address Roy E. Barrick, Administrator of the 135 Old Stonehouse Road Estate of Mary M. Barrick, deceased Carlisle, Pennsylvania 17015 mortgager and real owner Betty A. Eurich,Administrator of the 728 Forge Road Estate of Mary M. Barrick,deceased Carlisle,Pennsylvania 17015 mortgager and real owner r 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address The Secretary of Housing and Urban 451 Seventh Street, S.W. Development Washington,D.C.20410 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 American Infosource as agent for c/o Jon McCleskey Health Management Associates P.O.Box 248894 Oklahoma City, Oklahoma 73124 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 7 West Springville Road Boiling Springs,Pennsylvania 17007 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 j Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section 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 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 United States of America c/o U.S.Dept of Justice,Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America c/o U.S.Dept of Justice,Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 8. 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 unsworn falsification to authorities. MaN'r,Esqui re DATE Attorney fo Plaintiff LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a point in the center of the public road known as the Springville Road,which leads Westwardly from the Carlisle-Boiling Springs Road to Springville Cemetery,which point is a corner of land now or formerly of Ray Paxton;thence along land of the said Ray Paxton, South Eleven(11)degrees Forty-five(45)minutes East,a distance of Two Hundred Ten and Three tenths(210.3)feet to a point in the Northern line of a private driveway;thence along the Northern line of said private driveway,North Seventy-nine(79)degrees Fifteen(15)minutes East, a distance of Seventy-five(75)feet to a point in line of land now or formerly of the Boiling Springs Booster Association;thence along land of the latter,North Eleven(11)degrees Forty-five(45)minutes West,a distance of Two Hundred Nine (209)feet to a point in the center of the aforesaid public road;thence by the center of the aforesaid public road, South Eighty(80)degrees West,a distance of Seventy-five(75)feet to a point,the Place of BEGINNING. UNDER and SUBJECT to restrictions and conditions as now appear of record. BEING known and numbered as 7 West Springville Road,Boiling Springs,Pennsylvania 17007 BEING the same property acquired by Mary M.Barrick,by Deed recorded 03/12/2003,of record in Deed Book 256, Page 322 and/or Instrument Number 200311539,in the Office of the Recorder of Cumberland County,Pennsylvania. Parcel No.:40-28-2100-088 McCABE,WEISBERG AND CONWAY,P.C. BY: TERAENCE J. McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff 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 CIVIL ACTION LAW OneWest Bank, FSB COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Roy E.Barrick,Administrator of the Estate of Mary M. Barrick,deceased mortgager and real owner and Betty Number 12-1845 Civil Term A.Eurich,Administrator of the Estate of Mary M. Barrick,deceased mortgager and real owner NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Roy E.Barrick,Administrator of the Estate of Mary Betty A.Enrich,Administrator of the Estate of M. Barrick,deceased mortgager and real owner Mary M. Barrick,deceased mortgager and real 135 Old Stonehouse Road owner Carlisle, Pennsylvania 17015 728 Forge Road Carlisle,Pennsylvania 17015 Your house(real estate)at 7 West Springville Road,Boiling Springs,Pennsylvania 17007 is scheduled to be sold at Sheriffs Sale on December 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$161,082.58 obtained by OneWest Bank,FSB 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: I. The sale will be canceled if you pay to OneWest Bank,FSB 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. 3. 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 South Middleton Township,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a point in the center of the public road known as the Springville Road,which leads Westwardly from the Carlisle-Boiling Springs Road to Springville Cemetery,which point is a corner of land now or formerly of Ray Paxton;thence along land of the said Ray Paxton, South Eleven(11)degrees Forty-five(45)minutes East,a distance of Two Hundred Ten and Three tenths(210.3)feet to a point in the Northern line of a private driveway;thence along the Northern line of said private driveway,North Seventy-nine(79)degrees Fifteen(15)minutes East,a distance of Seventy-five(75)feet to a point in line of land now or formerly of the Boiling Springs Booster Association;thence along land of the latter,North Eleven(11)degrees Forty-five(45)minutes West,a distance of Two Hundred Nine (209)feet to a point in the center of the aforesaid public road;thence by the center of the aforesaid public road, South Eighty(80)degrees West, a distance of Seventy-five(75)feet to a point,the Place of BEGINNING. UNDER and SUBJECT to restrictions and conditions as now appear of record. BEING known and numbered as 7 West Springville Road,Boiling Springs,Pennsylvania 17007 BEING the same property acquired by Mary M. Barrick,by Deed recorded 03/12/2003,of record in Deed Book 256, Page 322 and/or Instrument Number 200311539, in the Office of the Recorder of Cumberland County,Pennsylvania. Parcel No.:40-28-2100-088 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-1845 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ONE WEST BANK Plaintiff(s) From ROY E.BARRICK,ADMINISTRATOR OF THE ESTATE OF MARY M.BARRICK, DECEASED MORTGAGER AND REAL OWNER AND BETTY A.EURICH,ADMINISTATOR OF THE ESTATE OF MARY M.BARRICK,DECEASED MORTGAGER AND REAL OWNER (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 GARNISHEES)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: $161,082.58 L.L.:$.50 Interest FROM 08/08/12 TO 12/05/12-$3,177.60 AT$26.48 Atty's Comm: % Due Prothy: $2.25 Arty Paid:$255.25 Other Costs: Plaintiff Paid: Date: 8/31/12 David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: MARGARET CAIRO,ESQUIRE Address: MCCABE,WEISBERG AND COMPANY 123 S. BROAD STREE,SUITE 2080 PHILADELPHIA,PA 19109 Attorney for:PLAINTIFF Telephone: (215)790-1010 TRUE COPY FROM RECORD Supreme Court ID No,34419 In Testimony whereof,I here unto set my harW and the seal of said Cou at Carlisle,Pa. This • 5'�day o€�,20 Prothono 014 "P6 On September 4, 2012 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, known and numbered 7 West Springville Road, Boiling Springs, PA 17007 fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 4, 2012 f Claudia Brewbaker, Real Estate Coordinator LO :11 d h- 635 1101 CUMBERLAND LAW JOURNAL Writ No.2012-1845 Civil Term recorded 03/12/2003, of record in Deed Book 256,Page 322 and/or In- ONEWEST BANK,FSB strument Number 200311539,in the VS. Office of the Recorder of Cumberland ROY EDWARD BARRICK, County,Pennsylvania. Parcel No.:40-28-2100-088. Administrator of the Estate of Mary M.Barrick,Deceased Mortgagor and Real Owner,Betty A. Eurich, Administrator of the Estate of Mary M. Barrick, Deceased Mortgagor and Real Owner Atty.:Terrance McCabe ALL that certain tract of land situ- ate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a paint in the center of the public road known as the Springville Road, which leads Westwardly from the Carlisle-Boiling Springs Road to Springville Cem- etery,which point is a corner of land now or formerly of Ray Paxton;thence along land of the said Ray Paxton, South Eleven (II) degrees Forty-five (45) minutes East, a distance of Two Hundred Ten and Three tenths (210.3)feet to a point in the Northern line of a private driveway; thence along the Northern line of said private driveway, North Seventy-nine (79) degrees Fifteen(15)minutes East,a distance of Seventy-five(75)feet to a point in line of land now or formerly of the Boiling Springs Booster Associa- tion;thence along land of the latter, North Eleven(11) degrees Forty-five (45) minutes West, a distance of Two Hundred Nine (209) feet to a point in the center of the aforesaid public road; thence by the center of the aforesaid public road, South Eighty(80)degrees West,a distance of Seventy-five(75)feet to a point,the Place of BEGINNING. UNDER and SUBJECT to restric- tions and conditions as now appear of record. BEING known and numbered as 7 West Springville Road, Boiling Springs,Pennsylvania 17007. BEING the same property ac- quired by Mary M. Barrick,by Deed 22 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire,Editor of the Cumberland Law Journal,of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation,and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. - r"'*"'�Al"-- )�= U- Usa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 day of November, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 r 2012-1945 civil Tom, L NgW�BTRA# ,FSB vs.Y EDWARD RARRIM �'of he Estate of MWY hi-9,Derdwsed Mortgagor.and Real Owner Reft A Eurkft AdmhdaVator of the Estde of Matr M-Rwtti k, Deceased Mortggor and Real Owner Mr. Tirane Mccabe ALL that certain tract of land situate in South Middleton TWnship,Cumberland County,Pem*vansk,bounded and described as follows: BEGINNING at a paint in the center of the public road loan as the Springville Road,which leads Westwardly from the Carlisle-Bonne Springs Road to Springville Cemetery,which point is a comer of land now or formerly of Ray Paxton;thence along land of the said Ray Paxton,South Eleven(II)degrees Forty-five(45)minutes AK a distance of Two Hundred Ten and Three tenths(210.3)feet to a point in the Northern line of aprivate driveway;theme -along the Northern line of said private driveway,North Seventy-nine(79)degrees 1?ifte {l5)imuprrtes East,adistance al' S7 Eve(75) to a point in line of land now or foofthe Boiling Springs #�4aFealonpland of Nim nter of the,aforesaid public road thence the center of the aforesaid public road, South ►ty(80)degrees Rte,adistance of Seventy-five(75)feet to a point,the Place of BEGINNING, umER and SUBJECT to restrictions and conditions as now appear of record. BEING known andnumbered as 7 West Springville Road,Boiling Springs, Pennsylvania 17007 BEING the same property acquired by Mary M,Barrick,by Deed recorded 03/1212(103,of record in Deed Book 256, Page 322 and/or Instrument Number 200311539,in the Office of the Recorder of Cumberland County,Pennsylvania. Parcel No.:40-28-2100-088 The Patriot-News Co. 20201 Technology Pkwy �� Suite 340 Mechanicsburg, PA 17050 Now you u know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 10/26/12 11/02/12 `! 11/09/12 o an subscribed b r day f November 2012 A.D. Notary Public Co t"1L_0 "ONWEALT_ H p PEl�1VZT"'YIINI�A Notariat Seal herrie L.Owens,Notary Public wer Paxton TwP.,Dauphin county { commission Expires Nov.26,2025 MEMBER,PENNSYLVANIA A.SSOCCA??ON OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Wells Fargo Bank,N.A. as Trustee for Riverview HECM 2007-2 is the grantee the same having been sold to said grantee on the 9th day of January A.D., 2013,under and by virtue of a writ Execution issued on the 31 st day of August, A.D., 2012,out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 1845, at the suit of One West Bank, FSB against Roy E. Barrick and Betty A. Eurich,Admininstrators of the Estate of Mary M. Barrick(Deceased) is duly recorded as Instrument Number 201314847. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. LtheCRu'rt rder of Deeds R of d Courtly,Carlisle,PR my Commis Tres Monday of Jan.2014