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HomeMy WebLinkAbout12-4105 T ED - Hr' tl1ON1 2012 JUN 29 PH 1: CUM#?, AND COUN7-Y PENN YLVANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-1 c/o Bank of America, N.A. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. Roy Edward Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 and Beverly Ann Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number ;? - ??.?(?1V1 COMPLAINT IN MORTGAGE FORECLOSURE d 410-3. e # /V190 3 / A O a 77Va6 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 OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is The Bank of New York Mellon tka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-1. 2. The Defendant is Roy Edward Barrick, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 135 Old Stonehouse Road, Carlisle, Pennsylvania 17015. 3. The Defendant is Beverly Ann Barrick, who is the mortgagor 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 26, 2005, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Countrywide Home Loans, Inc. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1896, Page 1822, such Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 5. On December 8, 2011, the aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Countrywide Home Loans, Inc. to The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-1, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Book Instrument Number 201134192, such Assignment of Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 135 Old Stonehouse Road, Carlisle, Pennsylvania 17013. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due May 1, 2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 130,554.42 Interest from April 1, 2011 through April 23, 2012 $ 8,650.11 (Plus $22.2941 per diem thereafter) Attorney's Fee $ 1,450.00 Corporate Advance $ 105.00 Suspense Balance $ (829.36) GRAND TOTAL $ 139,930.17 9. 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. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $139,93 0.17, together with interest at the rate of $22.2941 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: 2 A2A [ ] NCE JMcCABE, ESQUIRE [ T RC 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 hereby states that h sh isNayX(,(,pMy ANofBankofAmerica, NA servicing agent for plaintiff in this matter that he/ (q is authorized to make this verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi,45e) knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. By #Aa Printed Name:?hy" 4?0 cG• Title: NJ5,AuAt V 1 ce T IS V\? Date: The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-1 v. Roy Edward Barrick and Beverly Ann Barrick EXHIBIT A ' A(4 that certain lot of ground situate in Monroe Township, Cumberland County, Pennsylvania, more particularly .bounded and described as follows according to a survey by Thomas A. Neff, R.S., made on December 21, 1967: Beginning at a spike in the center line of L. R. No. 21028 at the corner of land of John E. Switzer, et ux; thence by said land South 15 degrees 58 minutes 20 seconds East 177.06 feet to a stake at the corner of land retained by the Grantors herein; thence by same South 84 degrees 53 minutes 50 seconds West 257.03 feet to a spike in the center line of L. R. No. 21028; thence by said center line North 5 degrees 11 minutes 20 seconds East 91.65 feet to a spike; thence still by same North 43 degrees 6 minutes 20 seconds East 70.28 feet to a spike; thence by same North 71 degrees 30 minutes 20 seconds East 159.22 feet to a spike, the place of beginning. Containing 0.773 Acre, more or less. Being the same premises which Samuel M. Riddlesberger, et al, by their Attorneys-in-fact William H. Hooke, Jr., and Kurt E. Suter, granted and conveyed to William H. Hooke, Jr., and Karel L. Hooke, his wife, and Kurt E. Suter and Joyce V. Suter, his wife, by deed dated November 29, 1968, and recorded in the Cumberland County Recorder's Office in Deed Book "A", Vol. 23, page 297, Subject, however, to the right-of-way of L. R. No. 21028 being extended to a width of sixty (60) feet and to the building and use restrictions and conditions as fully set forth in the aforesaid deed recorded in Deed Book "A", Vol. 23, page 297. The purpose of this deed is to ratify and confirm the aforesaid conveyance by William H. Hooke, Jr., and Kurt E. Suter as Attomeys-in-fact to themselves and their spouses as evidenced by the aforesaid deed recorded in Deed Book "A", Vol. 23, page 297. Being known as parcel number:22-25-0045-008 I Certi ly this to be recorded In Cumberland County PA v \v Recorder of Deeds (2004120479. PFD/2004120479/33) BK-I 896PG 1839 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-1 Plaintiff vs. Roy Edward Barrick and Beverly Ann Barrick Defendants FORM 1 IN TI IE COURT OF COMMON PLEA V-01 CUMBERLAND COUNTY, PENN. A 2 ' V Civil YC:) Z cs ;TA C rri r° ao ---t c -v Cn : X NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: ?,a6A? /' _Ai"J Date [Si nature of Counsel for Plaint' fJ FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people on household: How long? Zip: Mailing Address (if different): City: State: Zip: Phone Numbers: Home: _ Office: Cell: Other: Email: # of people on household: First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount $ Date of Last Payment: Primary Reason for Default: Included Taxes & Insurance: How long? Yes ? No ? Listing date: Yes?No? State: Home: _ Office: Cell: Other: Date You Closed Your Loan: State: Zip: Price $ Realtor Phone: Is the loan in Bankruptcy? Yes ? No ? If-yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles boats, motorcycles): Year: Amount owed: Monthly Income Name of Employers: i 1 'z Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Year: Year: Model Value: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes?No? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: UWe, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obiligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill f Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff' iz ?Ct-) ?t Jody S Smith ' E FPO ! HVNb 1',' i- Chief Deputy 2812 JUL _ 9 AM 8.4 4 Richard W Stewart Solicitor .. !" MSERLAND COON PENNSYLVANIA The Bank of New York Mellon vs. Case Number Roy Edward Barrick (et al.) 2012-4105 SHERIFF'S RETURN OF SERVICE 07/02/2012 03:20 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July:?, 2012 at 1520 hours, she served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Roy Edward Barrick, by making known unto Beverly Ann Barrick, Wife of Defendant at 135 Old Stone Hou e Road South, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time han inc to her personally the said true and correct copy of the same. 1 . VALERIE WEARY, DEPUTY 07/02/2012 03:20 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July,!, 2012 at 1520 hours, she served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Beverl Ann Barrick, by making known unto herself personally, at 135 Old Stone House Road South, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally e said true and correct copy of the same. VALERIE WEARY, DE UTY SHERIFF COST: $50.00 July 05, 2012 SO ANSWERS, R ANDERSON, SHERIFF N 4 THE BANK OF NEW YORK IN THE COURT OF COMMON PLEAS OF MELLON f/k/a BANK OF NEW CUMBERLAND COUNTY, PENNSYLVANIA YORK, : Plaintiff CIVIL ACTION VS. NO. 12-4105 CIVIL ROY BARRICK and BEVERLY BARRICK, Defendants CASE MANAGEMENT ORDER AND NOW, this /9-4f day of July, 2012, the defendantiborrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on L G ?a , at b m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financia Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which 1. service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendantiborrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. o/Marc Weisberg, Esquire For the Plaintiff Wayne S. Martin, Esquire For the Defendants :rlm 60r e5 A, l?R' 7/l911 oZ lele"t tT i t17' 1"r C+ --i Co C %0 a C_f1 !Tt T- iv7 i c? -r BY THE COURT, THE BANK OF NEW YORK MELLON f/k/a BANK OF NEW YORK, Plaintiff VS. ROY BAICK and BEVERLY BARRICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION rF=y ?s NO. 12-4105 CIVIL CT d ?e ?'. c -n ORDER AND NOW, this day of September, 2012, the conciliation conference in the above matter set for September 6, 2012, is continued to Thursday, October 11, 2012, at 3:30 p.m. in the Chaj nbers of the undersigned. BY THE COURT, J4 41 -. Kevin,. Hess, P. J. Marc A. Weisberg, Esquire For the Plaintiff ?f Nathan Wolf, Esquire Local Cot nsel for Plaintiff Wayne S. Martin, Esquire For the Defendants :rlm 4'es Q IOU 016 . THE BANK OF NEW YORK IN THE COURT OF COMMON PLEAS OF MELLON f/k/a BANK OF NEW CUMBERLAND COUNTY, PENNSYLVANIA YORK, Plaintiff : VS. ROY BARRICK and BEVERLY BARRICK, Defendants CIVIL ACTION : NO. 12-4105 CIVIL ORDER AND NOW, this 14 ` day of October, 2012, the conciliation conference in the above matter set for October 11, 2012, is continued to Friday, November 16, 2012, at 3:30 p.m. in the Chambers of the undersigned. BY THE COURT, Marc S. Weisberg, Esquire For the Plaintiff ? Nathan Wolf, Esquire Local Counsel for Plaintiff Wayne S. Martin, Esquire For the Defendants rlm cc? p6es /0//,// ;Z' ?l Kevi A. . Hess, P. J. = ?? ° r 4 ,.., -+ 31- C:D THE BANK OF NEW YORK IN THE COURT OF COMMON PLEAS OF MELLON f/k/a BANK OF NEW CUMBERLAND COUNTY, PENNSYLVANIA YORK, , Plaintiff vs. ROY BARRICK and BEVERLY BARRICK, Defendants CIVIL ACTION NO. 12-4105 CIVIL ORDER AND NOW, this ~'' day of November, 2012, because of a scheduling conflict in this office, the conciliation conference set for November 16, 2012, is continued to Friday, December 14, 2012, at 3:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevin ess, P. J. /Marc S. Weisberg, Esquire / For the Plaintiff /Nathan Woif, Esquire Local Counsel for Plaintiff ~ .,a,3 ~ ,~,, -, /Wayne S. Martin, Esquire rn~ z~ ~ "~ :.~: rn_~ ~rn For the Defendants ~ z'' m o r a <d A -~ cJ Q "t'~ y.~ ~ °r~ ~~ J ~t (v '-.~ y FiLEQ-OFFICE I E PROTHONO TIAi I. McCABE,WEISBERG & CONWAY,P.C. BY: Joseph I.Foley,Esquire—ID#314675 2013 DEC 12 PM : 2 ! Attorney for Plaintiff 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 CUM3ERLAND COUNTY (215) 790-1010 PENNSYLVANIA The Bank of New York Mellon fka Bank of New COURT OF COMMON PLEAS York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series Cumberland County 2005-1, Plaintiff, No.12-4105 Civil v. Roy Edward Barrick and Beverly Ann Barrick, Defendants. MOTION TO LIFT STAY OF PROCEEDINGS Plaintiff,The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-1, hereby motions this Court to remove the above captioned mortgage foreclosure action from the Cumberland County Residential Mortgage Foreclosure Program ("the Program"), and in support thereof avers as follows: 1. This is an action in mortgage foreclosure brought by The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-1 against Roy Edward Barrick and Beverly Ann Barrick. 2. This case is currently under a stay pursuant to paragraph (b) of the Cumberland County Administrative Order dated February 28, 2012, which establishes the Mortgage Foreclosure Diversion Program. 3. Plaintiff and Defendants attended several conciliation conferences on October 11, 2012; December 14, 2012; and February 1,2013. 4. The parties are unable to reach an agreement because the lender has determined that the borrowers are not eligible for a loan modification or repayment plan at this time.True and correct copies of all modification denial letters are attached hereto as Exhibit A. 5. For the reasons set forth herein,the aforementioned stay of proceedings should be lifted to allow Plaintiff to proceed with the instant mortgage foreclosure action. WI-IEREFORE, it is respectfully requested that the Court enter an Order lifting the stay of proceedings, and for such further relief as the Court deems appropriate. MCCABE, WEISBERG&CONWAY, P.C. By: Joseph I. F�'°7 Esquire McCABE,WEISBERG& CONWAY,P.C. BY: Joseph I.Foley,Esquire—ID#314675 Attorney for Plaintiff 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon flea Bank of New Cumberland County York as Trustee for the Certificateholders of the Court of Common Pleas CWABS, Inc.,Asset-Backed Certificates, Series 2005-1, Plaintiff, Number 12-4105 Civil v. Roy Edward Barrick and Beverly Ann Barrick, Defendants. CERTIFICATE OF SERVICE I,Joseph I. Foley, Esquire, hereby certify that a true and correct copy of Plaintiff's Motion to Lift the Stay of Proceedings Pursuant to Cumberland County Administrative Order dated February 28,2012, was served on the below named person(s)by regular first class mail,postage prepaid,on December 10, 2013 . Wayne S. Martin,Esquire Reager&Adler, PC 2331 Market Street Camp Hill, PA 17011-4642 Attorney for Defendants Dated: December 10,2013 Joseph I. "oley, Esquire EXHIBIT "A" X Green Tree Servicing LLC P.O. Box 6172 relationships that work Rapid City, SD 57709-6172 green tree + 0413727 000003875 09GC44 - 0080046 BEVERLY ANN BARRICK Date of Notice: 01/24/2013 135 OLD STONEHOUSE RD S CARLISLE PA 17015-9798 * Iiii.hlll1uiiiiIIIIIIrn1n111•u 'r'''nll,I•lll.hiiiiiiiri m l7 O r m m a a a a 0 r N N m O relationships that work green tree Green Tree Servicing LLC P.O. Box 6172 January 24, 2013 Rapid City, SD 57709-6172 BEVERLY ANN BARRICK 135 OLD STONEHOUSE RD S CARLISLE PA 17015-9798 Re: Green Tree Servicing LLC ("Green Tree") Account Number: 893849075 Property Address: 135 OLD STONEHOUSE RD CARLISLE, PA 17013 Dear BEVERLY ANN BARRICK and ROY EDWARD BARRICK: We have reviewed your home loan for eligibility in the new principal forgiveness modification program that was recently introduced as a result of the U.S. Department of Justice and State Attorneys General global settlement. The purpose of this communication is to let you know about the status of your modification request and your potential eligibility for programs to help you avoid a foreclosure sale. Unfortunately, your home loan is not eligible for this modification program for the following reason(s): • Your current monthly housing expense,which includes your loan's monthly principal and interest payments, plus property taxes, hazard insurance, and homeowner's dues(if any), are considered to be affordable under this *=_ program. You have the right to dispute our finding of denying the loss mitigation assistance. You have 30 calendar days from the date of this notice to contact Green Tree to discuss the reason for non-approval. Please contact us Monday -Friday 8 a.m. to 4 p.m. MST, or at the below-referenced mailing address and fax number. Green Tree Servicing LLC P.O. Box 6172 Mailstop R299 Rapid City, SD 57709 1-855-895-4481 We want to work with you to help you avoid foreclosure. Depending on your situation, we may have other modification options for you. If you have already been evaluated for these programs, you may have to show a change in your circumstances in order to qualify. If a modification is not an option, these other alternatives to foreclosure may also be available to you: • Short Sale -The property is listed for sale at fair market value, even if that value is lower than what you owe on the mortgage. If a buyer is identified and the property is sold, the proceeds from the sale are applied towards the mortgage debt, even if the proceeds are less than the amount owed on the mortgage. You may be responsible for m any balance remaining after the sale. • Deed in Lieu of Foreclosure -You agree to transfer the title or ownership of your property to the owner or servicer of your loan in order to avoid foreclosure sale and satisfy all or a portion of the mortgage debt. The ru amount of debt satisfied by this transfer of ownership is based on the approved value of your home. In some cases, you may be responsible for a remaining balance of the mortgage debt over and above the approved value. These options have different requirements and guidelines, and not all loans qualify. Also, these options may offer financial assistance for your relocation. rn M1 Important information about foreclosure proceedings Please call us as soon as possible to determine if you qualify for one of the above-referenced options. We are now ° returning your loan to normal collection activity, which could include referral to foreclosure and a foreclosure sale. Do not m ignore any legal notices about your home. We may be able to postpone foreclosure proceedings. However, foreclosure postponement is not guaranteed and you will need to respond to all notices to protect your legal rights. If you have any questions about the collection or foreclosure process, please call us. If you do not understand the legal BofA DOJ Non-Approval Notice,06/19/2012 YABOAZD5 1.0 LTR-589 consequences of foreclosure, we encourage you to contact an attorney or housing counselor for assistance. We are here to help We want to work with you to help you determine what options may be right for your individual situation. If you would like to discuss your options or your situation has changed, please call your assigned account representative Tomas R. at 1-800-643-0202, extension 64347, Monday -Friday 7 a.m. to 8 p.m., and Saturday 7 a.m. to 1 p.m. CST. Our credit decision may have been based in part upon information obtained in a report from the below-referenced consumer reporting agency listed. You have the right under the Fair Credit Reporting Act to obtain a free copy of your credit report. You must request your free copy within 60 days of the date of this letter. You also have the right to dispute the information contained in your credit report with the credit reporting agency. The credit reporting agency did not make the decision regarding your ineligibility and is not able to provide you with specific reasons as to why you are not eligible for a loan modification. Credit Reporting Agency: Trans Union Consumer Solutions Reporting Agency Address: P.O. Box 2000 Chester, PA 19022-2000 Toll Free Number: 1-800-916-8800 Web Address: http://annualcreditreport.transunion.com/entry/disputeonline The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of ■ race, color, religion, national origin, sex, marital status, age(provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Consumer Financial Protection Bureau,which can be contacted at: Consumer Financial Protection Bureau 1700 G Street, NW Washington, DC 20552 Assistance from housing counselors who are approved by the U.S. Department of Housing and Urban Development (HUD) is also available to you at no charge. To reach a housing counselor or for help in understanding this notice, you may call the HOPE Hotline Number at 1.888.995.HOPE. Sincerely, Green Tree 1-800-643-0202 Monday -Friday 7 a.m. to 8 p.m., and Saturday 7 a.m. to 1 p.m. CST m S O M1 m 0 0 a 0 0 M1 N M1 m 0 BofA DOJ Non-Approval Notice,06/19/2012 YABOAZD5 1.0 LTR-589 green tree P.O.Box 6172 Rapid City,SD 57709-6172 1-800-643-0202 Fax 1-866-870-9919 GTServicing.com March 15, 2013 REAGER& ADLER,PC ATTORNEYS AND COUNSELORS AT LAW ATTENTION: WAYNE S MARTIN 2331 MARKET STREET CAMP HILL PA 17011-4642 FAX NUMBER 717-730-7366 RE: Account Number 89384907—5, Beverly Ann&Roy Barrick Dear Wayne S Martin: This letter is in response to your offer of repayment for the above-referenced account serviced by Green Tree Servicing LLC ("Green Tree"). A review of your offer was completed and the repayment proposal has been declined. However, if you can submit the items listed below we will review the account for a possible in-house modification. The document can be submitted by fax to fax number 1-888-436-3875 or 1-877- 612-2422. Required Documents for review of modification—All financial docs must be within 30 days ❑ Third Party Authorization, if necessary ❑ Signed Hardship Letter or Affidavit ❑ Income Verification: ❑ Employed by Others: two most recent consecutive pay stubs for all borrowers ❑ Self-employed: Profit and Loss statement for 3 months and supporting deposit account records ❑ Fixed Income: most recent award letters or deposit account records for 2 months showing regular deposit amounts ❑ Unemployed: unemployment statement or deposit account records ❑ No Income: signed letter attesting to no current income ❑ Two consecutive monthly bank statements ❑ Two years of tax returns ❑ Detailed list of all current expenses ❑ 4506-T Form ❑ Copy of home owners property insurance declaration page (even if escrowed) ❑ Copy of property tax bill ❑ Copy of HOA if applicable If you have additional questions regarding this issue, please contact the account representative, Tomas at(800) 643-0202 extension 64347 or Vanessa at extension 64305. Our Customer Service Department is also available and can be reached at (800) 643-0202, Monday -Friday 7 AM to 8 PM, and Saturday 7 AM to 1 PM CST. Sincerely, Customer Service Green Tree /Ifs/40/ This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. Loss Mitigation Referral Checklist ❑ Modification—All financial docs must be within 30 days ❑ Third Party Authorization,if necessary ❑ Signed Hardship Letter or Affidavit ❑ Income Verification: ❑ Employed by Others: two most recent consecutive pay stubs for all borrowers ❑ Self-employed: Profit and Loss statement for 3 months and supporting deposit account records ❑ Fixed Income: most recent award letters or deposit account records for 2 months showing regular deposit amounts ❑ Unemployed: unemployment statement or deposit account records ❑ No Income: signed letter attesting to no current income ❑ Two consecutive monthly bank statements ❑ Two years of tax returns ❑ Detailed list of all current expenses ❑ 4506-T Form ❑ Copy of home owners property insurance declaration page(even if escrowed) ❑ Copy of property tax bill ❑ Copy of HOA if applicable x Green Tree Servicing LLC P.O. Box 6172 relationships that work Rapid City, SD 57709-6172 green tree + 0434845 000007441 096C44 - 0080046 BEVERLY ANN BARRICK Date of Notice: 06/24/2013 135 OLD STONEHOUSE RD S CARLISLE PA 17015-9798 11111111110"11111111"111111101111"1111111111"11111111" m w Cr0 Cr 0 r4 0 0 O O O O In m m 0 relationships that work green tree Green Tree Servicing LLC P.O. Box 6172 June 24, 2013 Rapid City, SD 57709-6172 BEVERLY ANN BARRICK 135 OLD STONEHOUSE RD S CARLISLE PA 17015-9798 Re: Green Tree Servicing LLC ("Green Tree") Account Number: 893849075 Property Address: 135 OLD STONEHOUSE RD CARLISLE, PA 17013 THIS INFORMATIONAL NOTICE IS NOT AN ATTEMPT TO COLLECT A DEBT. IF YOU ARE CURRENTLY IN BANKRUPTCY OR YOUR ACCOUNT WAS DISCHARGED IN BANKRUPTCY WITHOUT A REAFFIRMATION, THE SERVICER IS NOT ATTEMPTING TO COLLECT OR RECOVER THE DEBT AS YOUR PERSONAL LIABILITY. Dear BEVERLY ANN BARRICK and ROY EDWARD BARRICK: We have reviewed your home loan for eligibility in the new principal forgiveness modification program that was recently introduced as a result of the U.S. Department of Justice and State Attorneys General global settlement. The purpose of .= this communication is to let you know about the status of your modification request and your potential eligibility for programs to help you avoid a foreclosure sale. Unfortunately, your home loan is not eligible for this modification program for the following reason(s): • The loan-to-value (LTV) ratio on your property (calculated as the total amount you owe on the loan divided by our estimate of the current market value of your home) must be greater than 100% to qualify for the program. You have the right to dispute our finding of denying the loss mitigation assistance. You have 30 calendar days from the date of this notice to contact Green Tree to discuss the reason for non-approval. Please contact us Monday -Friday 8 a.m. to 4 p.m. MST, or at the below-referenced mailing address and fax number. Green Tree Servicing LLC P.O. Box 6172 Mailstop R299 Rapid City, SD 57709 1-855-895-4481 We want to work with you to help you avoid foreclosure. Depending on your situation, we may have other modification options for you. If you have already been evaluated for these programs, you may have to show a change in your circumstances in order to qualify. If a modification is not an option, these other alternatives to foreclosure may also be available to you: m • Short Sale -The property is listed for sale at fair market value, even if that value is lower than what you owe on the mortgage. If a buyer is identified and the property is sold, the proceeds from the sale are applied towards the mortgage debt, even if the proceeds are less than the amount owed on the mortgage. You may be responsible for any balance remaining after the sale. • Deed in Lieu of Foreclosure -You agree to transfer the title or ownership of your property to the owner or servicer of your loan in order to avoid foreclosure sale and satisfy all or a portion of the mortgage debt. The cr ° amount of debt satisfied by this transfer of ownership is based on the approved value of your home. In some cases, you may be responsible for a remaining balance of the mortgage debt over and above the approved value. o These options have different requirements and guidelines, and not all loans qualify. Also, these options may offer o financial assistance for your relocation. Important information about foreclosure proceedings rn Please call us as soon as possible to determine if you qualify for one of the above-referenced options. We are now ° returning your loan to normal collection activity, which could include referral to foreclosure and a foreclosure sale. Do not ignore any legal notices about your home. We may be able to postpone foreclosure proceedings. However, BofA DOJ Non-Approval Notice-Post BK,06/19/20122 YABOAZD5 1.0 LTR-589BK foreclosure postponement is not guaranteed and you will need to respond to all notices to protect your legal rights. If you have any questions about the collection or foreclosure process, please call us. If you do not understand the legal consequences of foreclosure, we encourage you to contact an attorney or housing counselor for assistance. We are here to help We want to work with you to help you determine what options may be right for your individual situation. If you would like to discuss your options or your situation has changed, please call your assigned account representative Tomas R. at 1-800-643-0202, extension 64347, Monday - Friday 7 a.m. to 8 p.m., and Saturday 7 a.m. to 1 p.m. CST. Our credit decision may have been based in part upon information obtained in a report from the below-referenced consumer reporting agency listed. You have the right under the Fair Credit Reporting Act to obtain a free copy of your credit report. You must request your free copy within 60 days of the date of this letter. You also have the right to dispute the information contained in your credit report with the credit reporting agency. The credit reporting agency did not make the decision regarding your ineligibility and is not able to provide you with specific reasons as to why you are not eligible for a loan modification. Credit Reporting Agency: Trans Union Consumer Solutions Reporting Agency Address: P.O. Box 2000 Chester, PA 19022-2000 Toll Free Number: 1-800-916-8800 Web Address: http://annualcreditreport.transunion.com/entry/disputeonline The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding c contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that T administers compliance with this law concerning this creditor is the Consumer Financial Protection Bureau, which can be contacted at: Consumer Financial Protection Bureau 1700 G Street, NW Washington, DC 20552 Assistance from housing counselors who are approved by the U.S. Department of Housing and Urban Development (HUD) is also available to you at no charge. To reach a housing counselor or for help in understanding this notice, you may call the HOPE Hotline Number at 1.888.995.HOPE. Sincerely, Green Tree 1-800-643-0202 Monday - Friday 7 a.m. to 8 p.m., and Saturday 7 a.m. to 1 p.m. CST m 0 0 m s s V t9 a- 0 O A S S r 0 0 0 0 0 m S o3 m m s 0 BofA DOJ Non-Approval Notice-Post BK,06/19/20122 YABOAZD5 1.0 LTR-589BK THE BANK OF NEW YORK : IN THE COURT OF COMMON PLEAS OF MELLON f/k/a BANK OF NEW : CUMBERLAND COUNTY,PENNSYLVANIA YORK, Plaintiff • : CIVIL ACTION vs. : NO. 12-4105 CIVIL ROY BARRICK and BEVERLY BARRICK, • Defendants • IN RE: MOTION TO LIFT STAY OF PROCEEDINGS ORDER AND NOW,this /7' day of December, 2013, a rule is issued on the defendants to show cause why the relief requested in the within Motion to Lift Stay of Proceedings ought not to be granted. This rule returnable ten(10) days after service. BY THE COURT, Kevin . Hess, P, J. C> :rim 03 WT` . / try, LPL 15CL R-I-11 . at.F.. airs/13 rrt McCABE, WEISBERG & CONWAY, P.C. BY: Joseph I. Foley, Esq. — ID #314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 THE BANK OF NEW YORK MELLON f /k/a BANK OF NEW YORK, Plaintiff Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. v. CIVIL ACTION o 5 ROY BARRICK and BEVERLY No. 12 -4105 CIVIL ', `, BARRICK, Defend s. MOTION FOR RULE ABSOLUTE Plaintiff, The Bank of New York Mellon f/k/a The Bank of New York, by and through its attorneys, McCabe, Weisberg & Conway, P.C., hereby moves for a Rule Absolute in regard to its Motion to Lift Stay of Proceedings relative to the above captioned matter matter, and in support thereof avers as follows: 1 On December 10, 2013, Plaintiff filed its Motion to Lift Stay of Proceedings relative to the above captioned matter. 2. On December 10, 2013, Plaintiff served copies of same Motion on Defendants' Counsel, as set forth in the Certificate of Service filed with same Motion. 3 On December 17, 2013, this Court entered a Rule against Defendants to show cause as to why the relief requested by Plaintiff in such Motion should not be granted. Such Rule To Show Cause further directed that such rule was made returnable on or before December 27, 2013. 4. As of the date of this Motion, Counsel for Plaintiff has not been served with any response to Plaintiff's Motion to Lift Stay of Proceedings, nor is Counsel for Plaintiff aware of any such response having been filed with the Court. WHEREFORE, Plaintiff requests this Honorable Court to grant Plaintiff's Motion to Lift Stay of Proceedings. By: Respectfully submitted, McCABE, WEISBERG & CONWAY, P.C. oseph L Foley, Estuire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. BY: Joseph L Foley, Esq. — ID #314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 THE BANK OF NEW YORK MELLON f/k/a BANK OF NEW YORK, Plaintiff v. ROY BARRICK and BEVERLY BARRICK, Defendants. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION No. 12-4105 CIVIL CERTIFICATE OF SERVICE I, Joseph I. Foley, Esquire, hereby certify that a true and correct copy of Plaintiff's Motion for Rule Absolute was served on the below named person by regular first class mail, postage prepaid, on April , 2014. Wayne S. Martin, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Joseph I. Foley, Esquire Attorney for Plaintiff THE BANK OF NEW YORK MELLON f /k/a BANK OF NEW YORK, Plaintiff v. ROY BARRICK and BEVERLY BARRICK, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION No. 12 -4105 CIVIL IN RE: MOTION TO LIFT STAY OF PROCEEDINGS ORDER AND NOW, this /'f day of illard , 2014, upon due consideration of Plaintiffs Motion For Rule Absolute, and any response thereto, it is hereby ORDERED and DECREED that said Motion be and the same is hereby GRANTED, and it is hereby ORDERED and DECREED that Plaintiff's Motion to Lift Stay of Proceedings in this matter is GRANTED. BY THE COURT, 41 J. 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 Plaintiff v. Roy Edward Barrick and Beverly Ann Barrick Defendants Attorneys for Plaintiff PE o. • Q'1 o C JUP-' J�j,f h CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 12-4105 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants, Roy Edward Barrick and Beverly Ann Barrick, in the above -captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure, and assess damages as follows: Amount Due Interest from 04/24/12 to 06/02/14 Total McCABE, $ 139,930.17 $ 17,166.46 $ 157,096.63 EISBERG & CONWAY, P.C. BY:. 7 U (._<1,' ,� [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Atorneys for Plaintiff ] Marc .. Weisberg, Esq. ] Mar:aret Gairo, Esq. ] Heidi R. Spivak, Esq. ] Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Jennifer L. Wunder, Esq. ar ] Carol A. DiPrinzio, Esq. [04. gr)Licis AND NOW, this S day of L ( CJ , 2014, Judgment is entered in favor of Plaintiff, The B New York Mellon fla Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1, and against Defendants, Roy Edward Barrick and Beverly Ann Barrick, in rem only and not in personam, and damages are assessed in the amount of $157,096.63, us interest and costs. BY THE PROTH 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 Plaintiff v. Roy Edward Barrick and Beverly Ann Barrick Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 12-4105 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, being duly sworn according to law, deposes and says that the Defendants, Roy Edward Barrick and Beverly Ann Barrick, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C. App. §501, et seq.; and that the Defendants, Roy Edward Barrick and Beverly Ann Barrick, are over eighteen (18) years of age, and reside as follows: Roy Edward Barrick, 135 Old Stonehouse Road Carlisle, PA 17015 SWORN AND SUBSCRIBED BEFORE ME THIS til DAY OF �J Ne. , 2014 NOTARY PUBLIC COMMONWEALTH or PENNSYLVANIA NOTARIAL SEAL DEAN R. JACOBS, JR., Notary Public City -or Philadelphia, Phila. County My Commission Expires June 27, 2017 Beverly Ann Barrick, 135 Old Stonehouse Road Carlisle, PA 17015 McCABE 7ERG & CONWAY, P.C. BY: '6/7. C /" [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff arc S. We . erg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. Department of Defense Manpower Data Center Results as of : Jun -02-2014 09:14:38 AM SCRA 3.0 Statin Report nt to Sery cemenn'bers Civil Relief Act Last Name: BARRICK First Name: ROY Middle Name: EDWARD Active Duty Status As Of: Jun -02-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA '- --''` '` No NA This response reflects the individuals' active duty status based on the Active Duty Status Date ,w. Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA F' - NA .. < . fi� - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Dale Order Notification Start Date Order Notification End Date Status Service Component NA NA '.No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the 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 Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 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 known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled 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 status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left 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 active 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 periods 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 service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOM 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 records for all the Uniformed Services periods. 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 website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. 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 have 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 the 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 SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: LAD8FFC3805DU10 Department of Defense Manpower Data Center Results as of : Jun -02-2014 09:18:34 AM SCRA 3.0 Staff Report to Se e an Civil Relief Act Last Name: BARRICK First Name: BEVERLY Middle Name: ANN Active Duty Status As Of: Jun -02-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - - - No NA This response refects the individuals' active duty status based^on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA - NA `No I NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA :NA - %. ' .. No NA This response reflects whether the individual or his/her unit has received earlytsotification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Canter, based on the information that you provided, the above is the 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 Health, and Coast Guard), This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 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 known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled 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 status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left 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 active 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 periods 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 service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.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 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 records for all the Uniformed Services periods. 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 website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. 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 have 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 the 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 SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 2A57XFE3405FI40 I McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 Plaintiff v. Roy Edward Barrick and Beverly Ann Barrick Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 12-4105 AFFIDAVIT OF LAST -KNOWN MAILING ADDRESS OF DEFENDANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: The undersigned attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that the last -known mailing addresses of the Defendants are: Roy Edward Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 SWORN AND SUBSCRIBED BEFORE ME THIS 2nJ DAY OF , 2014 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEAN R. JACOBS, JR., Notary Public City of Philadelphia, Phila. County My Commission Expires June 27, 2017 SS. Beverly Ann Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esq. [ [ ] Edward D. Conway, Esq. [ ] [ ] Andrew L. Markowitz, Esq. [ ] [ ] Marisa J. Cohen, Esq. [ ] [ ] Brian T. LaManna, Esq. [ ] [ ] Joseph F. Riga, Esq. [ [ ] Celine P. DerKrikorian, Esq. [ ] [ ] Lena Kravets, Esq. [ ] Attorneys for Plaintiff c S. Weisberg, Esq. Margaret Gairo, Esq. Heidi R. Spivak, Esq. Christine L. Graham, Esq. Ann E. Swartz, Esq. Joseph I. Foley, Esq. Jennifer L. Wunder, Esq. Carol A. DiPrinzio, Esq. 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 Plaintiff v. Roy Edward Barrick and Beverly Ann Barrick Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 12-4105 CERTIFICATION The undersigned hereby certifies that he/she is the attorney for Plaintiff, being duly sworn according to law, deposes and says that a letter was deposited in the United States Mail notifying the Defendants that judgment would be entered against him/her/them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS 24, DAY OF dog ,2014 ,. f- (t -c, 4. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA INOTARIAL SEAL DEAN R. JACOBS, JR., Notary Public City of Philadelphia, Phila. County My Commission Expires June 27, 2017 McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff [ ] Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. 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, 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 & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff [ arc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph 1. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 v. Roy Edward Barrick and Beverly Ann Barrick Cumberland County; Number: 12-4105 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary May 12, 2014 To: Roy Edward Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 The Bank of New York Mellon &a Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 vs. Roy Edward Barrick Beverly Ann Barrick Cumberland County Court of Common Pleas Number 12-4105 NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 mce NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO IJNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OlR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTEDPODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. Si USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI 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 NINGON HONORARIO. Cumberland County Bar Association 32 So th Bedford Street Pennsylvania 17013 0-9108 MCCABE,:WItISBERG BY:L.'`__ [ ] Terrence J. Mc [ ] Edward D. Co y, Esquire [ ] Andrew L. kowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff , P.C. Marc S. Weisberg, Esquire Margaret Gairo, Esquire Heidi R. Spivak, Esquire Christine L. Graham, Esquire Ann E. Swartz, Esquire Joseph 1. Foley, Esquire Jennifer L. Wunder, Esquire Carol A. DiPrinzio, Esquire • Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 May 12, 2014 To: Beverly Ann Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 vs. Roy Edward Barrick Beverly Ann Barrick Cumberland County Court of Common Pleas Number 12-4105 NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE 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 PROV IDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 mce NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (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 DERECHOS IMPORTANTES. USTED LE DERE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AOENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGON HONORARIO. C KiTiMai County Bar Association 2 South Bedford Street Carlisle,` Pennsylvania 17013 (800)'9 McCABE.,-WEISBER BY:• -- [ ] Terrence J.M� :i' E quire [ ] Edward D. Cones. , Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [}dal Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff fx4-1, arc S. Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ 1 Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Roy Edward Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 Plaintiff v. Roy Edward Barrick and Beverly Ann Barrick Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 12-4105 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has b : entere in the above proceeding as indicated below. 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. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Beverly Ann Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 Plaintiff v. Roy Edward Barrick and Beverly Ann Barrick Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 12-4105 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT habeen entered in the above proceedin as indicated below. 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. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 v. Roy Edward Barrick and Beverly Ann Barrick FILE NO.: 12-4105 Civil Term AMOUNT DUE: $157,096.63 INTEREST: from 06/03/14 $4,750.88 at $25.82 ATTY'S COMM.: COSTS: 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) 135 Old Stonehouse Road, Carlisle, Pennsylvania 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: McCABE, WEISBERG BY: CON AY, P.C. ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ 1 Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff .()]7dct sb .00 CBv 1D3: -LL kk-e. V;tR:1S Marc S. Weisberg, Esq. ] Margaret Gairo, Esq. ] Heidi R. Spivak, Esq, 1 Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Jennifer L. Wunder, Esq. ] Carol A. DiPrinzio, Esq. Address:123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 Attorney for: Plaintiff 44. ie .03 bve 4Telephone: (215) 790 1010 'Supreme Court ID No. ' tk.,-41 Igefc 2olaci LLI oyii_s,31-6 McCABE, WEISBERG & 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH 1. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon flea Bank of New York as Trustee for the Certificateholders of the CWABS, .Inc., Asset -Backed Certificates, Series 2005-1 Plaintiff v. Roy Edward Barrick and Beverly Ann Barrick Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 12-4105 AFFIDAVIT PURSUANT TO RULE 3129.1 - j> — Y The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 135 Old Stonehouse Road, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owners or Reputed Owners Name Address Beverly Ann Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 Roy Edward Barrick 135 Old Stonehouse Road Carlisle , Pennsylvania 17015 2. Name and address of Defendants in the judgment: Name Roy Edward Barrick Beverly Ann Barrick Address 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Address 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Wachovia Bank, National Association Address 301 South College Street, VA 0341 Charlotte, North Carolina 28288-0343 5. Name and address of every other person who has any record lien on the property: Name NONE 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 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 135 Old Stonehouse Road Carlisle, Pennsylvania 17013 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 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 Department of Public Welfare TPL Casualty Unit Estate Recovery Program 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 Tax Claim Bureau Commonwealth of PA Department of Revenue 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 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 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: 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 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 51 1 1 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. 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 of18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esq. [ arc S. Weisb g, Esq. [ ] Edward D. Conway, Esq. [ ] Margaret Gairo, Esq. [ I Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Lena Kravets, Esq. [ 1 Carol A. DiPrinzio, Esq. Attorneys for Plaintiff The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 v. Roy Edward Barrick and Beverly Ann Barrick Cumberland County; Number: 12-4105 McCABE, WEISBERG & 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 v. Roy Edward Barrick and Beverly Ann Barrick Roy Edward Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 12-4105 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Beverly Ann Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 Your house (real estate) at 135 Old Stonehouse Road, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on December 3, 2014 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 $157,096.63 obtained by The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 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: 1. The sale will be canceled if you pay to The Bank of New York Mellon fka I3ank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 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 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717)240-6195 www.ccpa.net THE BANK OF NEW YORK MELLON FKA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC. ASSET-BACKED,CERTIFICATES, SERIES 2005-1 Vs. NO 12-4105 Civil Term CIVIL ACTION — LAW ROY EDWARD BARRICK AND BEVERLY ANN BARRICK WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $157,096.63 L.L.: $.50 Interest FROM 6/3/14 $4,750.88 AT $25.82 Atty's Comm: Due Prothy: $2.25 Atty Paid: $198.75 Other Costs: Plaintiff Paid: Date: 6/16/14 (Seal) David D. Buell, Prothonotar Deputy REQUESTING PARTY: Name: MARC S. WEISBERG, ESQUIRE Address: 123 S. BROAD STREET, SUITE 1400 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 Plaintiff v. Roy Edward Barrick and Beverly Ann Barrick Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 12-4105 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF PHILADELPHIA c {Frir7 r-- crl r CD -71 cs y, r no CD ` 1. The undersigned, hereby certifies that he is the attorney for the Plaintiff for the within matter, being duly sworn according to law, deposes and says that a true and correct copy of the Notice of Sheriff's Sale was served upon the Defendant, Roy Edward Barrick, by regular mail, certificate of mailing, and certified mail, return receipt requested, dated June 30, 2014 and addressed to 135 Old Stonehouse Road, Carlisle, Pennsylvania 17015, regular mail was never returned, and the certified mail was delivered on July 2, 2014 and signed for by Agent. A true and correct copy of the letter, certificate of mailing, certified receipt number 7014 0150 0002 1526 3869 and signed green card are attached hereto, made part hereof, and marked as Exhibit «A» 2. The undersigned, hereby certifies that he is the attorney for the Plaintiff for the within matter, being duly sworn according to law, deposes and says that a true and correct copy of the Notice of Sheriffs Sale was served upon the Defendant, Beverly Ann Barrick, by regular mail, certificate of mailing, and certified mail, return receipt requested, dated June 30, 2014 and addressed to 135 Old Stonehouse Road, Carlisle, Pennsylvania 17015, regular mail was never returned, and the certified mail was delivered on July 2, 2014 and signed for by Agent. A true and correct copy of the letter, certificate of mailing, certified receipt number 7014 0150 0002 1526 3876 and signed green card are attached hereto, made part hereof, and marked as Exhibit SWORN AND SUBSCRIBED BEFORE ME THIS /3 DAY OF , 2014 McCABE, WEIS G AND CONWAY, P.C. ] Terrence J. McCabe, Es ] Edward D. Conway, Es ] Andrew L. Markowitz, ] Marisa J. Cohen, Esq. ] Brian T. LaManna, Esq q• q. Esq. Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. 1 Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. ] Celine P. DerKrikorian, Esq. [ ] Jennifer L. Wunder, Esquire ] Lena Kravets, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff NOTARY P GOWN° - NOTARIAL SEAL RN TWIASCIOPh CountY Pubic Myof Phiadelphiaa, Febnaa� 19, 2018 y colon EXHIBIT A o— m 7014 0150 0002 152 U.S. Posta! Service,,, CERTIFIED MAIL, RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our website at www usps.comr age tiq CertHled Fee Return Receipt Fee (Endorsement Required) Restricted DeliveryFee (Endorsement Required) Total Postage s Fee ent Do �S`ireef, Ap£iVt or PO Box No. city, crate, Zrp+a 3800. August 2006 Bee Reverse for Instructions Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 1400 Philadelphia, PA 19109 ATTN: Michael J. McBride - 64968 Check type of mail or servicc Certified 0 Recenled Dewy Onterrasionan D COD 0 Registered D DeEwry CotEmIsticsit Raw Rep* for Merchandise a Express Mari 0 Signet= Cerrfirmasion !mewl tll S. pOSTAGE?,; PI MEV COWES ft .02/altimr Lim Aoctepromeem po.k. / . . Z1F : 32 00013774941 191°9 1V 5 002.40u .10N 30 2014 — s i 1 Roy Edward Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 2 Beverly Ann Barrick 135 Old Stonehouse Road '7:3. l'-*" P. , Pennsylvania 17015 3 . r r ' ' . - ' - ! - . - . : r' " , . 4 , ,... ,„ , ',.„_ . ., . - • - , • -, • . , . , . . .- 5 , . . . „ . . . . , , .. . ...:- : , '... .--,, ' ...) J .. . . ' , ''. •-''. * . - -.- ,.A.' f r ---,..........--*.jAf' - , . .•' c NOV": - .. r - --..- • 7 , _ _ . .. r r. , 8 9 A ...._.___ Total Number of Pieces Listed by Sender 2 Total Number of Pieces Received at Post Office SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if. Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. _ 1. Article Addressed to: P Ed i e rr,ck ys v u shtit?ita.se Cf( l f/t l 7o is COMPLETE THIS SECTION ON DELIVERY nature D Agent D Addressee I� C. ate of Delivery 7*19 D. Is delivery' . • ress different from ' ?I D Yes If YES, enter .=livery address below: O N Type Certified Mails D Priory Man Express" Registered D Return Receipt for Merchandise 0 insured Man 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from swell 7014 0150 0002 1526 3869 PS Form 3811, July 2013 Domestic Return Receipt EXHIBIT B 0150 0002 1526 U.S. Postal Servicer;,; CERTIFIED MAILTC, RECEIPT. (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit aur website at www.usps.com9 Postage y'3 Certified Fee Return Receipt Fee (Endorsement Requited) Restricted Delivery Fee (Endorsement Required) rota/ Postage & Fees . Postmark, ' Here Sent To n CJPCi ..rlr�✓ �Grrf k free ApL .; or PO Box No. 1 5— .r .(� 1.1'livc.Agr.Et;, 41 G'ry, State, Z7P44• (erI t. 70i'r PS Form 3800. August 2006 Sce'Reverso for Instructions Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 1400 Philadelphia, PA 19109 ATTN: Michael J. McBride - 64968 Check type of mail or service: D Certified D Raadcd Davery Onternationd) CI COD ❑ Registered 0 Delivery Confirmation 0 Renin Receipt for Merchandise Q Express Mail 0 Sign: ere Conten i n 0 Insured ..l S. POSTAGE _ . -�' .. ��� ref )'NAY GOyyEc id--"= Net; 'may. erxxxseetoesser Line /wide xumber Postage `O f tr� . ._,rti cir 1y1t' _ Y49d W 002.40" ,10p 02 .f 30 2014 0" LOGu13 1 Roy Edward Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 2 Beverly Ann Barrick 135 Old Stonehouse Road Ca 1-7r '. , Pennsylvania 17015 � 3 t I 4 � I I 6 l: ..y : U J := l 7 ' 8 9 1 Total Listed Number of Pieces by Sender 2 Total Number of Pieces Received at Post Office L , SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ■ Print your name and address, on the reverse so that we can return the card to you, • Attach this card to the back of the malipiece, or on the front If space permits, 0 Agent Addrossee Delivery, . Article Addressed to: 4n.✓ &t,r i k J,3Y h a 4s,s e IVa d C c [el 1,1- D. is delivery address different from If YES, enter . eivery address 1?r 0 Yes 0 No s ype l Ce rNt(ed Mall* ©Pr(oriry Mail Express' 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7014 0150 0002 1526 3876 (Tiansfar from sorvlca PS Form 3811, July 2013 Domestic Retum Receipt 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KIAVETS, ESQUIRE - ID # 316421 CAROL A. DiPR1NZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215 790-1010 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 Plaintiff v. Roy Edward Barrick and Beverly Ann Barrick Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 12-4105 AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 31st day of October, 2014, 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 3129.1 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS ICI DAY OF NJ NC i 664, 2014 McCABE, WEISBERG & BY: Qt) [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff A , P. [ ] Marc S. Weisberg, Esquire [ ] Margaret Gairo, Esquire 44 Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Lena Kravets, Esquire McCABE, WEISBERG & 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. 'FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215)790-1010 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed. Certificates, Series 2005-1 Plaintiff v. Roy Edward Barrick and Beverly Ann Barrick Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 12-4105 AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 135 Old Stonehouse Road, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Beverly Ann Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 Roy Edward Barrick 135 Old Stonehouse Road Carlisle , Pennsylvania 17015 2. Name and address of Defendants in the judgment: Name Address Roy Edward Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 Beverly Ann Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 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 Plaintiff herein Wachovia Bank, National Association 301 South College Street, VA 0341 Charlotte, North Carolina 28288-0343 Wachovia Bank, National Association P.O. Box 50010 Roanoke, Virginia 24022 5. Name and address of every other person who has any record lien on the property: Name Address N ONE 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 135 Old Stonehouse Road Carlisle, Pennsylvania 17013 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Dbmestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales 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. DATE McCABE, WEISBERG & BY: ONWAY, P.C. [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff ij [ ] Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [Vf Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Lena Kravets, Esq. Re: The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 v. Roy Edward Barrick. et al. Cumberland County; Number: 12-4105 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 Plaintiff v. Roy Edward Barrick and Beverly Ann Barrick Defendants DATE: November 19, 2014 TO: ALL PARTIES IN INTEREST AND CLAIMANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 12-4105 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Roy Edward Barrick and Beverly Ann Barrick PROPERTY: 135 Old Stonehouse Road, Carlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $157,096.63 The above -captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on December 3, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mor tgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. Name and Address of Sender McCabe, Weisberg and Conway, P.C.+"4�'+� S. Broad St.Suite 1400 hi PA 191090 Atte: DANIEL DELLAPENNA 64968 Check type of mail or service: a Certified ❑ Recorded Delivery (International) ❑ COD o Registeredcertificate Delive Confirmation ❑ Return Recei t for Merchandiseor a Express Mail❑Signature Confirmation ❑Insured Affix Stamp Here ' aj � (if issued as a '''9i=T�.fir-•�' of mailing, for additional111.77; copies of this bill) Postmark and Date of Receipt i,.,{�' + :�_,-Philadel �' 'kJ'i' _ _ Value k,• U.S. " "24.707,—.29--or------'123 00013 if COD POSTAGE>>PITNEYBOws 7.7494 —Fee— OCT..31. —tee— ��p 02�. —,- -- 2 0 Q 2014 —..._ _ Line Article Number Addressee Name, Street and PO Address Postage Fee Handling Chatiii Ate. -. .__ if Registered 2R Fee The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the1:h CWABS, Inc., Asset -Backed Certificates, Series 2005-1 v. Roy Edward Barrick and Beverly Ann Barrick i31 s R z ��51 1 Beverly Ann Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania 17015 y'4 �'/ PA o 2 Roy Edward Barrick 135 Old Stonehouse Road Carlisle , Pennsylvania 17015 3 Wachovia Bank, National Association 301 South College Street, VA 0341 Charlotte, North Carolina 28288-0343 4 Wachovia Bank, National Association P.O. Box 50010 Roanoke, Virginia 24022 5 Tenants 135 Old Stonehouse Road Carlisle, Pennsylvania 17013 6 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 7 Commonwealth of Pennsylvania Inheritance Tax Office 110 North 8'h Street Suite #204 Philadelphia, PA 19107 8 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 9 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 10 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 11 PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 Harrisburg PA 17128-0948 12 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales 13 United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 14 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17013 15 Tax Claim Bureau 1 Courthouse Square Carlise, PA 17013 16 Commonwealth of PA Department of Revenue Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales 17 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 18 T United States of America c/o United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 19 United States of America do • Atty General of the United States U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 20 United States of America do Atty General of the United States U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Total Number of Pieces Total Number of Pieces - Postmaster, Per (Name of receiving employee) The full declaration of value 's required on all domestic and intematMnal registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents and r Express Mail document reconstruction insurance is $500 per piece subject to additional limitations for multiple pieces Listed by Sender Received at Post Office lost or damages in a single catastrophic occurrence. The maximum indemnity payable on Express Mail merchandise insurance is $500, but optional Express Mail Service merchandise is available for up to $5,000 to some, but not all countries. The maximum indemnity payable is $25,000 for registered 20 mail. See Domestic Mail Manual R900, S913, and 5921 for limitations of coverage on insured and COD mail. See International Mail Manual for limitations of coverage on international mail. Special handling charges apply only to Standard Mail (A) and Standard Mail (B) parcels. PS Form 3877, August 2000 Complete by Typewriter, Ink, or Ball Point Pen McCABE, WESIBERG & 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 Plaintiff v. Roy Edward Barrick and Beverly Ann Barrick Defendants Attorneys for Plaintiff , COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 12-4105 Notice of the Date of Continued Sheriff's Sale The Sheriff's Sale scheduled for December 3, 2014 at 10:00 A.M. in the above -captioned matter has been continued until January 7, 2015 at 10:00 A.M. Certificate of Filing On this date, a Notice of the Date of Continued Sheriff's Sale in the above -captioned matter was sent for filing with the Prothonotary of CUMBERLAND County. Certification of Service On this date, a Notice of the Date of Continued Sheriff's Sale was served by first-class mail, postage prepaid upon the following: Roy Edward Barrick Beverly Ann Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania, 17015 Date: McCABE, WEISBERG & CO BY: AY, P.C. errence J. McCabe, Esq. ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ 1 Carol A. DiPrinzio, Esquire Attorneys for Plaintiff [ ] Marc S. Weisberg, Esq. [ 1 Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Lena Kravets, Esquire McCABE, WESIBERG & 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon fka Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset -Backed Certificates, Series 2005-1 Plaintiff v. Roy Edward Barrick and Beverly Ann Barrick Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 12-4105 Notice of the Date of Continued Sheriff's Sale The Sheriff's Sale scheduled for January 7, 2015 at 10:00 A.M. in the above -captioned matter has been continued until February 4, 2015 at 10:00 A.M. Certificate of Filing On this date, a Notice of the Date of Continued Sheriff's Sale in the above -captioned matter was sent for filing with the Prothonotary of CUMBERLAND County. Certification of Service On this date, a Notice of the Date of Continued Sheriff's Sale was served by first-class mail, postage prepaid upon the following: Roy Edward Barrick Beverly Ann Barrick 135 Old Stonehouse Road Carlisle, Pennsylvania, 17015 Date: BY: [ / -rren a J. Mc abe, 9 [ ] Marc S. Weisber;; sq. [ Q,Ercward D. Conway, Esq. [ ] Margaret Gair�, sq. [ ] Andrew L. Markowitz, Esq. [ 1 Heidi R. Sp' • .I , Esq. [ ] Marisa J. Cohen, Esq. [ ] Christine raham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ 1 Lena Kravets, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff