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Home My WebLink About07-5357 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2151790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 v. Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number o7 _ rJ3 57 l'~ i v i l l et m CIVIL ACTION/EQUITABLE MORTGAGE FORECLOSURE AND EJECTMENT 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 courtyour 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 AVISO Le hen demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dies de plazo al partir de la fecha de la demands y la notificacion. Hace felts asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses 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 continuer la demands en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con tadas las provisiones de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTI'A ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Bread Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 v. Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/EOUITABLE MORTGAGE FORECLOSURE AND EJECTMENT Preliminary Statement On August 30, 2001, the Secretary of Veteran Affairs, as seller, entered into an installment sale contract with Defendant Joy M. Shields, as buyer. A copy is attached as Exhibit "A." The installment sale agreement, by its terms, may not be recorded. On November 5, 2002, the Secretary of the Department of Veteran Affairs, an Officer of the United States of America, as grantor, conveyed title to the properly subject to the installment sale agreement to Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2, a copy of which is of record, and attached as Exhibit "B." The sale of the property was, and is, subject to the installment sale agreement. Pursuant to the installment sale agreement, Defendant was given immediate possession. Additionally, the installment sale agreement contains finance terms, and refers to "this loan." Plaintiff considers the installment sale agreement consistent with an equitable mortgage, and therefore brings this action in mortgage foreclosure, and sometimes refers to Plaintiff as mortgagee, Defendant, as mortgagor, and the installment sale agreement as the "mortgage." Since title is in Plaintiff, a judicial sale is not applicable, however, Plaintiffseeks, inter alia, to foreclose any equity of redemption in mortgagor which she may have by reason of her interest in the installment sale agreement being deemed an equitable mortgage. COMPLAINT 1. Plaintiff is Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Joy M. Shields, the mortgagor/buyer under the installment sale agreement pertaining to the property hereinafter described. Her last-known address is 308 East Main Street, Mechanicsburg, PA 17055. 3. On August 30, 2001, the mortgagor entered into a certain installment sale agreement with the Secretary of Veterans Affairs, an Officer of the United States of America which installment sale agreement, by its terms, prohibits its recording. 4. On November 5, 2002, by deed recorded on December 5, 2002 in Deed Book 254, Page 4278 in the public records of Cumberland County, the Secretary of Veterans Affairs transferred title to the property to Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2, Plaintiff herein. 5. The premises subject to the installment sale agreement, and which is titled in the name of Plaintiff, is more particularly described in Exhibit "C," and is commonly known as 308 East Main Street, Mechanicsburg, PA 17055. 6. The installment sale agreement is in default because monthly payments of principal and interest due in accordance with the installment sale agreement due on OS/01 /2007, and each month thereafter, are due and unpaid, and by the terms of the installment sale agreement, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the installment sale agreement: Principal Balance $ 83,973.65 Interest through 08/21/2007 $ 2,335.19 (Plus $ 16.33 per diem thereafter) Attorney's Fee $ 4,198.69 Late Charges $ 134.92 Escrow Advances $ 431.06 Title Search $ 200.00 GRAND TOTAL $ 91,273.51 8. The attorney's fees set forth above are in conformity with the installment sate agreement and Pennsylvania Law. Ifthe installment sale agreement is reinstated priorto judgment, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands: (i) in rem judgment against the Defendant in the sum of $91,273.51, together with interest at the rate of $16.33 per diem and other costs and charges collectible under the installment sale agreement subject, nevertheless, to the Deficiency Judgment Act; (ii) termination ofthe Defendant's interests under the installment sale agreement; and (iii) judgment in ejectment. McCABE, WEISBER/~G AND CO WAY, P.C. BY: -J t Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/s'h~ is the Attorney for the Plaintiff in the within action, and that he/s~e is authorized to make this verification and that the foregoing facts based on the information fr//om the Plaintiff, who is not available to sign this, are true and correct to the best of his/F~r knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY, P.C. B ~ c ~~,1 Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARLS. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FLYERS' 2007-08 REGULAR SEASON SCHEDULE OCTOBER Thu. 4 ~ Calgary 10:00 p.m. CSN Sat. 6 (~ Edmonton 8:00 p.m. GSN Wed. 10 (~ Vancouver 10:00 p.m. CSN Sat. 13 NY ISLANDERS 7:00 p.m. CSN Tue. 16 ATLANTA 7:00 p.m. VS Thu. 18 NEW JERSEY 7:00 p.m. CSN Sat. 20 CAROLINA 7:00 p.m. CSN Wed. 24 ~ Florida 7:30 p.m. CSN Thu. 25 ~ Tampa Bay 7:30 p.m. CSN Sat. 27 ~ Boston 7:00 p.m. CSN NOVEMBER Thu. 1 ~ Montreal 7:30 p.m. CSN Fri. 2 (~ Washington 7:00 p.m. CSN Mon. 5 (~ NY Rangers 7:00 p.m. VS Wed. 7 (~ Pittsburgh 7:00 p.m. CN8 Thu. 8 ~ New Jersey 7:00 p.m. CSN Sat. 10 PITTSBURGH 7:00 p.m. CSN Mon. 12 NY ISLANDERS 7:00 p.m. CSN Thu. 15 NY RANGERS 7:00 p.m. CSN Sat. 17 NEW JERSEY 7:00 p.m. CSN Wed. 21 ~ Carolina 7:00 p.m. CSN Fri. 23 WASHINGTON 1:00 p.m. CSN Sat. 24 ~ Ottawa 7:00 p.m. CW-57 Mon. 26 BOSTON 7:00 p.m. CSN Wed. 28 C~ Carolina 7:00 p.m. CN8 DECEMBER Sat. 1 DALLAS 7:00 p.m. CSN Wed. 5 ~ Minnesota 8:00 p.m. CN8 Fri. 7 (~ Colorado 9:00 p.m. CW-57 Tue. 11 PITTSBURGH 7:00 p.m. VS Thu. 13 MONTREAL 7:00 p.m. CSN Sat. 15 CAROLINA 7:00 p.m. CSN Sun. 16 (~ New Jersey 5:00 p.m. CSN Tue. 18 PHOENIX 7:00 p.m. CSN Fri. 21 ~ Buffalo 7:30 p.m. CN8 Sat. 22 BUFFALO 7:00 p.m, CSN Thu. 27 TORONTO 7:00 p.m. CSN Sat. 29 (~ Tampa Bay 1:00 p.m. CSN Sun. 30 ~ Florida 5:00 p.m. CSN JANUARY Fri. 4 t~ New Jersey 7:00 p.m. CSN Sat. 5 ~ Toronto 7:00 p.m. CSN Tue. 8 ~ Atlanta 7:00 p.m. CN8 Thu. 10 ~ NY Rangers 7:00 p.m. CSN Sat. 12 BOSTON 1:00 p.m. CSN Sun. 13 ~ Washington 1:00 p.m. CSN Wed. 16 FLORIDA 7:00 p.m. CSN JANUARY (contd) Sat. 19 ~ NY Islanders 7:00 p.m. CW-57 Sun. 20 OTTAWA 7:00 p.m. CSN Tue. 22 NEW JERSEY 7:00 p.m. CSN Thu. 24 PITTSBURGH 7:00 p.m. CSN Tue. 29 LOS ANGELES 7:00 p.m. CSN Thu. 31 NY RANGERS 7:00 p.m. CSN FEBRUARY Sat. 2 ANAHEIM 7:00 p.m. CSN Tue. 5 ~ Atlanta 7:00 p.m. CW-57 Wed. 6 WASHINGTON 7:00 p.m. CSN Sat. 9 NY RANGERS 1:00 p.m. CSN Sun. 10 (~ Pittsburgh 1:00 p.m. NBC* Tue. 12 ~ NY Islanders 7:00 p.m. VS Thu. 14 TAMPA BAY 7:00 p.m. CSN Sat. 16 Q Montreal 7:00 p.m. CSN Sun. 17 MONTREAL 7:00 p.m. CSN Tue. 19 ~ Ottawa 7:30 p.m. CSN Thu. 21 SAN JOSE 7:00 p.m. CSN Sat. 23 FLORIDA 7:00 p.m. CSN Mon. 25 ~ Buffalo 7:00 p.m. VS Thu. 28 OTTAWA 7:00 p.m. CSN MARCH Sat. 1 (g? NY Islanders 2:00 p.m. CSN Sun. 2 ~ NY Rangers 3:00 p.m. NBC* Tue. 4 BUFFALO 7:00 p.m. VS Thu. 6 TAMPA BAY 7:00 p.m. CSN Sat. 8 NY ISLANDERS 7:00 p.m. CSN Tue. 11 C~ Toronto 7:30 p.m. CSN Wed. 12 TORONTO 7:00 p.m. CSN Sat. 15 (gZ Boston 1:00 p.m. CSN Sun. 16 ~ Pittsburgh 3:00 p.m. NBC* Tue. 18 ATLANTA 7:00 p.m. VS Fri. 21 NY RANGERS 7:00 p.m. CSN Sun. 23 NY ISLANDERS 7:00 p.m. CSN Tue. 25 ~ NY Rangers 7:00 p.m. VS Fri. 28 ~ New Jersey 7:00 p.m. CW-57 Sat. 29 ~ NY Islanders 7:00 p.m. CSN APRIL Wed. 2 ~ Pittsburgh 7:30 p.m. CSN Fri. 4 NEW JERSEY 7:00 p.m. CSN Sun. 6 PITTSBURGH 3:00 p.m. NBG* All times are Eastern. Home games in ALL CAPS. CSN =Comcast SportsNet CW-57 ~ The CW Philly 57 (WPSG-TV) CN8 =CN8, The Comcast Network NBC =NBC Sports VS =VERSUS * =Subject to change m w4 ~ ~ ` ~ BSPT 11998 (~ •.,. 10-1x6-0513485 lala~-ool~gss INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE -PENNSYLVANIA THIS LOAN MAY NOT BE ASSCTI`+~.D WITHOUT THE PRIOR APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, SUCCESSORS OR ASSIGNS. 1. THIS AORBBMEIVT, made the 30th day of Aagwt 2001 , by and bonween the 9ocntary of Vetatms A86its, an officer of the Ud~ States of Att-erica, whose eddtess is Department of Vetenma A1Fabs, Washington, D C 20420, (of the &st put) h~aRu ailed "Seller", ~d hi.~/lur euocaasors m sock ofR~, ae awl. end JOY M. SHI$LDS (party of the seobnd poet) hoxeinafter called "Buyer". 2. WITNBSSETH, That it is mutually otgteed as follows: the Seller hereby agrees to sell to the Buyer, and the Buyer hereby agrees to purchase from the Seim. aq that real property sitwted is The Borough of Mechanicsburg andmmre t~blly described ooa follows: and Commonwealth of Pennsylvtssda, herein referred m ae ' p~ioperty TAX PAItCBI, 17-23-0565-238 ~--- -------• ---------~-1 p,rM,yuid. aru l,~ws 308 E Main Street ! ~~ ~' Mechanicsburg, PA 17055 ~- ~ 610 OOt'rD~t1 I C 001 001 3. Phis Agreenaeat is mach bbi~tt to: (1) Bxi~ag leases end tbmrights, if mY, of petaom is poseesaion,if any. (2) The generrd lazes and social asememenp which the Bayer hacadaaftar oaovar~ts to pay. (3) Building lip and bnildmg and liquor restrictions of record. (4) Zatiag and bttihlBag laws or ordinances. (5) Party wall rrghts or agreements. (~ Roads andhtg6~a. Cn f:oyrananta> , e~ocepfions, resavatiaas, n>strs, or esosnoenta of record. (8) Rights of all pandas claiming by, through, or under t>m Hnyer. ' (9} Any slats of Facts which m a survey wand >drow. _ (il) All teo~ to or agreammis~ o unrxorded, for thmishiag Bas. electrkityf wahx Hof aervrix. (12) The oomdtatian bylaws, rates, regnlffiions, restricdaos, chatgea, or asaeamesta of say civic improvement or other aseociatlon, corparafion,or diaMct, which atlerx the property. (13) Coal Notice under the Bituminous Mine Snbooideaee sad I.md Conservation Act of 1966 . The Bayer shall indemnify and save harmless the Seller from all loss and liebllity that arise by reason of a~ and all obligedona and liabt3ide: existing or arising out of ~Y of the foregoing matters. Q. Buyer shall pay to Seller for the property the sum of (S 91000.00 ) is lawfsl rosary of the United staff of America at die t~ Oboe) (Cetrroc), Depmitaeot of Veterans Affairs, an egerwy of the United Statee,or ~ arch other plans wi~tr the U SAtes as the Sadler ~ the 3eller'a Agent, may fear time to time designate is writing, at the Hosea. in the am01m[8, sad is the mssn~ following: ($ 1000.00 ) in cash prior to or upon the executioan snit delivery of ails Ag[eenstmt; and the balaaoe of (~ 90000.00 SEVBrI herein referred to ss "principal stmt" or se 'pt3acipeP with interest thaceoa at the rate of which acid pri~ipal sad it on the unpaid pompon th(ere7of~sUat)1 l~ayabla lulu ~-t~ ~ of ,uguat 30 , 2001, opal manEhly imhllmeuts as follows: (S 598.77 ) on the first day of October 2001 . and a liloe ann oa the fiat day of each and every month theratt!er for 339 oomsaartive, additional months, until said principal sad indetest shall have bean !Yr}ly p~dd. Unless sooner paid. the nnpsid balance of prinapal phu the,aocroed sM urgaid intattret shall be doe sad payable oo the First day of Of theptu+draae pritx paid for the said described property, the amount of ~ 1,000.00 is a rehabr7it~ion loan granted pursatmt to Public J.aw 10x198, to be diaburaad under a separate Bsctow Agreement which reha6BiWian lass beats the sattu race of itterest as the balatxx oY the antottnt remaining sad to be paid Far the Buept a haseimfles~ otheewiea provided, each payment made bareunder shall be credited fast on the interest than dne es herein paotided and the remaiadmr shall be ctndihed upon u~eid prhtGipai. Addidooel psym of pria~pal in aop~ amomt sot leas tban tiro amamt of the monmly imtaWaenta above provided or One Hundred Dollars (~1s00), whichever is lees, may be made at any tires sad shall be credited on the no.paid principal sum in ouch maser ae the Buyer may elect, or in the absence of such election, as 3dht nay elect. 5. AlI reel estaro nixes, weber rents, sewer charges asses~arb, sad other payable is to the 2001 or levied after the date of exetauion of Uric Agreement, or for improvemenia whrdr ~ thennot~ooooupdetad ~ the property, are and shall be the obligation of the Buyer, and Bayer cor~sata to pay the assns in the manner provided in paragraph seven hereof. Water/sewer and special assessments to be paid directly by bays. - • Ex~Sbi '74• •~l^ i.~iiAY~ ~ 6. Buyer shall obtain and ~innoualy maintain hazard laenrteatx of ai~t type err types and s>uomis as the Seller trace ro firm notify Bayer m obtain oa the rmprotromertts now or hereatbn' made oa pid anti wBi pry avD~ pt+e~~tbme:i~ promptly when tine. All inanram;e shall be carried in eorapaoies approved by ~potiCies and remand 16aeot shall be i bald by Sellea• and have attached thereto foes payable cdaotas in irrv~ of 5atlar as 9e~aq~cy of Velptaos Airiia is aooeptable form. In the even of loan. Boyer' will Siva imnscdjate notice bq mail b Sdkr sad Seller may, bat is ear ender duty tb make proof of loss, if each proof is not made ~mmpHy by Buyer. All hraaaaca carrima aro hereby aphorised and direeded in make payments ibr each lop directly m Seller rmlaad of do Buyer and Senor jointly. The pa+ocxeds llom the payroeat of each hrp or any Part thereof may be applied by Seller either to reduction of rho iadebtedoma or ro the apeaarion anti r+giair of the property I damage. 7. Together with card is addition to the madly P ~ Principal wd > Payable under the berms hereof, Bayer will pay the Sdkr on the first day of each month ua~1 ~ terms of thin oomract have been fttlty wiW, the foBorovhtg wens: (a) Such anbutd or amoums ere may be necepary ro egad su oraqy of We premiams whudt next biome tine anti Payable on the policy err policbsa of fire anti oskr hazard inearanoe oorer~g the properlyy,p~ ta>ab, noel tine as< the property Wl p eatimsded by ~, mad of which Bayer is mdfbd) lap sli wens shandy 1Pa~ thmefoar divided by fire comber o! held~byorSd~ Trust ~hravmoc°~abte~ora~ atim°laate whoa each praa~a, fa~as wen becape deft, aactt amve m be premiama, taxes. ~'a obligadom ender this Agreement ors diadrmaed) ro pay acid (b) The inraallmmt for principal anti ;merest stated is~caSr~ A which sum ploy the amomta payable pucwatk to wbparsgraph (era of this pan~ph shall be paid .in a gdn k hpt~ymmt each montlt. Bxoept p otherwise provided ~ paragraph 14, such paymem aha11 be applied to the i~ma sad is the order stated below: I. Taxes, fire and other hazard immaace premium; II. interest on the unpaid portion of the prindpal; and III. Unpaid principal. (c) Arty aeficieoay in.any such paymom shall, tmteas made good pr~r to the one date of the neat paymem, canatltute ffi evem of default hereunder. The Seller may eolhxx a 'lads charge' not m exeee8 w amaaat erprd fn lbttr (4~) par caroms of the imtadmem which is not paid within trtbeen (1,~ days fry the dos dale thereof, in never the extra expeme involved is handling delinquent payments. (d) If the dotal of rho payments made by Bayer ender enbparagraph (a) of this paragraph ahaU at any time m rho opinion of Seiler exceed the amount re<piired for the payment of taros or imotaace premrnms, as the rise may be, soeh emcee shall be credited on snbeequeat payments ro be mark by the Bayer for each itram. 1Y, hoaraver, snap maWhly shall not be snfticient m pay such items when the same shall become due and payable, the Bayer shalt pay the amomt naxaaarq ro make ap the de&ienay. (e) All payments of said items made by Seller may be is such amouma as ms shown by records, or by bills obtained by Sdkr, or on the basis of any other information received by Seiler, or be dae,apa~side, p~pt tine, or deiie~nt on accotrm thereof. If requested by Seller, Buyer shall promptly obttm, approve red deliver to Seiler all bilb for amid items. 8. Braryer covenmts and agrees to deposit with Seiler at the execution mad dalivay of this Agreement as ameum to be determined by Seller ro be r«pired ro meet the payments of taxes and any per~imm Sur hazard inwrwcx which k may be naoeswry to pay prior ro the eastmtrlation of a fired mufl4cimt merefor as provided herein. 9. All payment: of principal, interest and other items regcdred ~to be made by rho team of this eantract, shall be made m the Agent Cashier at tiro otUcx of the neperpnem of Veterans Atfaira deaigmlcd in parrtgrttph 4, to the ostler of the o[ Vetaeam Affairs, naksa the Bayer obeli be notifkd in writiaS to mdro arch paymems m anodrer 1>~ ~ P~~h payola as shall be Ieodpded for by the said Agem Cashier, or other payee alter noticx ro the Buyer, shag be leooSnixed by fib Seller, and all other payments, if anq, ti6a11 ba rmde at the risk of the Bayer. !0. All moneys paid to Seller hereirnd~ shall be deposited whh the Treaaorer of the Umtod Stapp who is haaby autherhred to commingle the name with the genewl timds of tlb UniNd States. No imarest ahW be payable on the !beds ncdved by Seger br aalr purpose pursuant to any provision of this Agreemem. 11. Buyer covenants not ro commit, Permit, or suffer mry waste to the property. to !Deep tab propacty in a good etNe, order s~ repair. Buyer tbrtlter covenama ant to abandon said property and not to up, perm, or anffer the use of any of the prrperty for any illegal or immord parpoae, mzd agrees ro comply with au laws and ordinances which may in any maser affect fib property. 12. The Barer is acrthorized and permitted ro make such repairs, dbratlom, and renovations to said property p aasired and determined to be necessary at Buy's own ezpenae and withom say liability on tlb part of the Shcar for same, as are approved is advance by the Seller. Failure of the Buyer to obtain'advance approval IIor tdterdions, sod rsnovatiam, to said property. may at the option of the Seller; ba cansfdend a hreadr of the terms of ~agreamem and an asd of deliarli. Boyar ttumet coveaams mad agmea to make prompt payment for aft labor and matacials in sudr behalf expended trod not ro sntfer aapr mechanics' or ms's liens to attach ro acid property. All loch repairs anti alteraiom made by fib Boyar shill imam ro the beaet5t of ffie property a~ the Sella in the evem of a det~rilt In the rarer of this Agreement by the Buyer. Btgror aLo and agt+ees to complete and pay for the following repairs of alderatiom within ( ) days aSer exocmion of this Agreement anti that breach of Chia covenmat wll[ ocmtitnde an act of default. 13. No part of the property shall be used in the mamrfmxute, sate, ~ distribution of imaxhrtinS lignars. 14. In the event Brayer fails, negiccta, or retLeea to perform, in whole or in ppm~tt, my of the oavenama, agreemema, or herein provided upon We part of Boyer ro be performed, Baiter is hereby a~rorized and empowered withom notice and of Buyer, to perform err canoe ro be performed, any or all of slid cx-vime:nr, apoemsenb and obligations, and to aatpend etch sus of money ma may 6e reponable therefor, or for any other purpose which in ffio opinion of Seiler is reesooably noexasary for the ptodection of Seller, 3dleCs lion, inveatmem or property. All such assns of a expended by Seller, whh lnderat theroon, st the rate aforesaid, from the several deem oP expmditrno t6areof lentil paid, shall beoonre w rmrch additiaral indebtedness under this Agroemeat and shall be repaid by Buyer to Seller, in lawhrl money of the Unified Stara of AmerG:s, immediately and without demand, at the same place or places as other soma are payable heaeopder, ~lep 3eilx gall apse that such soma be otherwise rq-aid, in which event such repayment ~bli be made by Hayer to Sellm' st wah thaea and in wilt ngmner dss4celiyr shall tegairo. Any farhue, neglect, or refapl by Brayer to spry sorb aQme as herein provided shall cwoeWtrta default hetennderr ~-ny paymems made under the terms of this A,grcement mqy, st the etecEion of idler. be applied flru to the o any acmr Seller abdi have expended in axorrlancx with the temr hereof. ~~ ~_ .. {{. ~ t r 15. Buyer iureby , traaaitrs, and ads ova' to Seller, up to the amonat of the total inde>Kedaess of Bayer to Seller ~etetaider, di of Btright, title, end intend io ar to all awatds and ~ in eomoectioa with cendemaation of aqy of the property for public use, or for ' ib any pthereof, and fire psooeetis of a>i each award: or cldma, oiler payment therefrom of all reasonabk expenses in Faso for sttacnays repramtiog Salie~r in aqy wdr p[ooeedinj. ahail be paid to Sailer sect Bayer's obligation heeesmder ehdl thereby be rednoed an equal amount mmept b the eedent Sd1er akets to ttse the flmds to improve the propary in axordance with paragraph 16. 3dkr is hereby ntlhariaed is the mme of Bayer to exearm and deliver valid aegnittanoea thereof and m appeal from or otttarteLe sppsopritlaly litlga0s any or all of such awards or claims. Seller atoll be under en obligation hereandar to aeB or convey all or enY pert of the property, or right a inbarsat therein which is condemned. 16. All received by Seller under any poltay or poliraes of insaraooe of any eoodemmtion award ar other award after of all reasma+bk tttcurned in comoetaiOn therewith, maw y~ me opdon of Sdiar be tt:xd ~ ~ Propose of , redoting, ~ ~ d strncdme npo~tbe~ ProP~y. or may be credited an the indebtedness in asxrordatscsrtwi the provlaiaen M~rAgrcenttwkA 17. Bxecution and aceeptansoe of this Agreement by the Buyer etas delivery to and aoceptaaes by Bayer of paaeasion of the property herein descdbed, and fhe buiidtoga and iraprovemenb thereon erred. and ~ by the that the prop~y, sad fire btdidhttsdend improvemmis thereon erected. have beat impecred and eruomed, tibttt boyar b with its and ffiffiedirr cam. sod 8$si the property and the bngdiags¢wd ioo~ovaaaaks thereon e~tuetad in eapo~hsc~ortw~Ntlon aro being boujht Sate rip wttlzotrt ffiY repreeentadon whets ~ by tL Setkr. m~a~t ~ may bs lxwided indeath on ar larlstagthe property and also assumes the risk of Ioea or dslnt~ torn buildings ~hatadEpr oootlrscted, in ar won add property by Ere, caAalty, or other happening and shall indemntty and save t>m Seller harmless from all lees arising from or by reason of these eves ar incidetta. IS. Time is of the earence of this Agreement and if defwlt be made and oontinne for a period of thirty (30) days in~paymeM of any of the iastallnsents of pri~ipat, inteteat, or arty other items ltereiabeBota stipulated, when the same beocme tY due hereunder, or in the payment of arty other sum hmein agreed to be ptutd bX Boyer, a if de~rlt be made fm dte perforasanoe by Buyer of any other agreement, cpvenant, or obigation of Buyer hereimda•, then is eitbnr. or way of said eveda, the whole d balance doe under the terms of this Agreement shall, at the option of Seller, immediately bgomam due and payable aml ler may, at his/her option. (a) terminate by simple declaration of as election ao to do with or trithotrt entice, all of Btr}rar's rights ender this Agreement and alt of Buyer's right, title, end Merest in the prapaty; or (b) terminate aB of liayea"s under this and all of Boyar's tight. title: and interert io the in rosy PAS, egaitable; or c) enfon~e Bayer's obligatiena heratmiar m air Buyer yn~es pay all costs and expenses. including a reasonable sum 1br attorney ~~ine~tnedpn 1s~njr 3a~t Bayer's riffs Hadar this Agreement or claims to the property m in enforcing any or wit of the teams of this Agrsematt, and in jodtClal prosx~igga, if enY are initiated to enabBah or maintain 3eller's right or title to, sad poeeerdon of said property~p ~ breseh by Buyer, free of any title or claims of Buyer. 19. Upon Seller exercising the right of terminarion as ~ovi~d hmoin, all rights. eatcte wend immest hereby cma0ed end then existing m Bayer end in eny end alb I~aons claiming order Buyer, shall wholly cease and dasermine. Buyer stair tberarpon and surrender to 3eBar without demand. pasoefltl poeesedan of said psestisee is as good ot>ndleien ea they Hour arcs, wear and tear alone excepted. la the event Boyar neglects or refosea to annender etttit poeseesion ~ihen obligated so to do h sltdl be lawtitl for Seiler to enter open and talae poaeemion of arch premises without notice end raruove all pennons and their pto~Y• 20. The Provisions of parag>~h 19 and 20 of this ppg~reament shell also ~pp1y, at lire option of idler, to {1) any violation or breach of any of fire coveoaata, conditions, or reehdct3ons, intlieated in th(eAgrt or svhii~r mqy be of ra~oM, std (2) to any violation of any laws or ordinances is any meaner affecting said property. 21. Seller agrees uprnt receipt of payments in accesdance with the provid~a hereof, of the entice principal wen whh itda[at, to exetxde and deliver a special Warranty Deed on VA norm 26-6436a aenvaying the tote to raid property to Balrar in writ msennr and form as Seller elects. Such deed may be delivered at andr earlier time ore Shcm may ebct. Sdd Deed will be an Seller's form sad canveyanoe shall ~ made under sad subject m say reprictient, reservetlcoa. wad exeeptlon of reread wad duo arWJecx to all Natiaaat and State laws, statutes, and mguldions, then affecting the traneibr M reel rotate or of mY right theeeaa. in the event any part of add princ~at sum shell not have been paid at the lima of the execadon end delivery of the deed ib said property. Bayer shall elnniltaaeoualy exaaste and deliver to Sellm a Mortgage Note is the just or principal sum reamibdng unpaid, together with iatenst titere~ at the rate provided In paragraph 4 hereof, pe~yable m instdfire~s of the same antouma as stated in said paragraph, and a pnrehma money mortgage of said premises to severe the same, which mortgage shall be a fhat lien oar the property; the Mort Nate and Mortgage shell boar the same dada ad said Deed; they shall be sn the bans of ouch inattumenta than in use by the~ent of Veterans Affairs or its sn~or in interact, mrd as to anch Derma, conditlaas and dda~[ed prov sions as are in conflict with this Agreement. 22. Buyer represents end covenants that Seller's rills is satisfactory to Buyer as of the date hereof. 23. Buyer shalt pay for aU recording. trattsasxion, transfer. tx~nveyenoe, a~ other taxes span this Agreement and upon say deed, bomi. mortgage, or other imtrument exacntcd under the terms sect pabvisions of this Agreement, and for all ravemx, documeetmy, or other stamps requited to be at'Ilxed"to any such inegnment and shall also pay the Bess Bon resmrdmg the deed sad the mortgage, tf air, when exei-uted, ea well se aU swats and expenses for audt titlesearch-at the•Buyer may elect to havemade. 24. The Buyer shall notify the Seller of an assignment of the Buyer's interest is this s:onhact. Seller may atatry time sell and convey the property anbjed to this Agreement and may assign this Agreement and soy and all rights >mseundfer without the consent of the Buyer. 25. An notices from Den ppaarrttyy hereto m ttre ether party ahaS be in wridng and delivered ispa~an arc forwarded bP seerti8ed mail. Notices shall be add~eed m the property ha~einabave described unless written of a ffedt sent address eLdl Lave been previously delivered m Seller, in which event shall be sent m such address. Mottoes b 3dbr shall be addressed W the I.oert t3uaraaty Officer, Depmintent of Vetarana Affdrs at the Odioe where this Agreaaent is elflectMed andl Boyer ~ notitled in writing of a changed address. Their any notice stall ba seen to the leaf address of which Buyer shall have been notified. 26. Hnyer hereby euthoriDes and empowers any Y of any court in the Commonwealth of P~sylvaoia or eLawhess to appear for them and each of them in a>nr and all actions to be brought far a~ braw,h oar deBeolt of the terms of title Agreement and hereby confeaaes judgment in favor of the.SeBer for the whole antotssa of the ~ sum wad any lo0orat remaining tmpaid thereon, whether the same shill have been due or not, together wlffi an atloarey t oommitdoa or few of Sue (59L) percent, with or widwat prior declaration made; waiving stay of exewtioa, tngstisition, and all mtemption laws. 27. And the said Bayer hereby, upon the breach of air oP the cenditions of thin Agreeme~ot, authorizes air atOcnttny of any oaarrt of dtccotd to appear for them a~ enter m tudCeble eaten of eje~atm and ooutba a ~"odd o! t therein for the do arrthorize the immediate issuing and exewtmn of a wdt of habara bias potaossionera wan clan sad five (5'X.) petoerd ~torney'a ~sion or foe, wi~a-t asi®g leave of canal. •-t.,h 28. AlI ' ~ ~ moneys paid y of this Agreeanaot shall be retained by Seller as compensation !I~ the use and oocnpancy of the ., execution of this Agreement and not as liquidmed danrsges to Seller for default or as a penalty. .` ~ ,.s ~~~:y~ 29. Faihue or delay o! in or to exercise any option heaaamder available becawe of aopr da0prlt shall not opeazte m a warver of ~ le thereattea enforce each right or to exercise such aptIoa or any other right or option, for the same or ibr ~ , W t. 30. Bayer expsrssly agras that the righAa and remedies hereingra~od Seller i4 the event of dedYnlt, to e~osce the terms and conditions oP this Agreement, the recovery of damages for say brach. of poaaeadon of the above deacrlbed property, may ba exercisable es otien as them is defiatlt an the part of Buyer: and shall not be exhenerod by eau or more uses Uaareof, and that it shall not ba aecesaayy to file the original of this contract as a warrant of attorney iF a true copy heroof died be Sled is aqy action. 31. The covenants, obligatiom, lidtilities, tetras aad provisiaen herein onmaioed shall be binding upon, and the baaefib and adv herennder shall inm+e ro the Bayer JoirtUy a~ severally and to their and each of their respective hei;a, exaanora, admi~trators, and assigns, and to the anoceasora sad soigne of the Seller. 32. Thin Agreement shall not be recorded is the office for the racordiag of deals or anq other office or place of public record. If Buyer asruaes it to be reootded he/she will be coenlderrd in defult with ~a right of Seiler to forthwhh this Agreement and to enforce and exercise Selkr'8 rigbda herd baxuse of sudt defanit. 33. Buyer understends and agrooe that if this Inetallmmt Agreement is bomemated by Buyer as Seller, any remaining amount of the rehabilitation Joao in the heads of en escrow agent shall immediately be returned m Ier' (Department of Vetetaaa AflYira). 34. Thin loan may be declared immediately dtu sad payable upon transfer of the property ouch Ioen to any tranafocee, unless the aau~tability of the aaaumptioa of the loan is established either pmanaffi to the provisfoen of sectiaa 3714 of chapter 37, title 38, Umtai Stun Code, or by the Loan holdu if the loan has been sold without raxwr:e. 35. A fee eegqrneat1 to ace-half of i parcem of tiu balance of Uris tom as of the data of transfer ahaB be payable to the Department of Veterans Affairs at the tuna of transfer. If the sanrnrer far7a to this fee e< the time of transfer, the ibe ahdi coaatigtte en additional dcbt to that atrsady aecm+od by this instrument and shall bear interest at the rase harem provided, and. at the option oP the payee of the mdebrtedneas hereby secured or uansfetee hereof, the full indebtahsesa hail be izm~dimdy due end This fee is artonadicali~r waived if the asatmrer is exempt tender the provisions of 38 U.S.C. 3929(b). The asaunteret obligated to pay this foe tf the Deparmeent of Yetersas Affairs has Gold this tom withrnrt receune. 36. Upon ap~ication for approval to allow assumption of this tom, a proceeaing fee may be charged by the Department of Veteraaa AfAura or its auooeasors or assigns for determining the ~ of the aaatenar turd ~y mvismg the ownership records when en approved tranaier is caanppleted. ~ The amount of this charge shall not exoced 6300. W WITNBSS WH$RBOP, the Seller hae caused this ituttumem to be ~' dand sealed is his/her name mdin his/her behalf by the undersigned employee, being thereunto duly appoinsed, gnaliSed ancCacting pmsnent m title 38, United Stases Code. aectious 212 and 1820, and title 38, Cade of Federal RegNffiia~na, sections 36.4342 and 36.4520. pnraumt Uaereso, as sounded, and who is arNhorizod to execute tlr#a instrument, and rho Bayer has hereunto set his/her iudividod hand and seal ~ the day and year Brat above written. NOTICB -THIS DOCUMBNT MAY NOT/DOBS NOT SBLI,, CONVBY, TRANS~PBR, INCLUDB OR iN3URB THB TITLB TO THB COAL AND RKGHT OF SUPPORT UNDBRNBATH THB SURFACE LAND DBS(3~BD OR RBFBRRBD TO HBRBIN, AND THB OR-NBR OF OWNBlt3 OR SUCH COAL MAY HAVB/HAVB THB COMPLBTB LBCiAL RIGHT TO RBMOVB ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAOB MAY RESULT 'I"O THB SURFACB OF THB LAND AND 'ANY HOUSB, BUII.DING OR OTHBR 3TRUCTURB ON OR iN SUCH LAND. THB INCLUSION OF THLS NOTICE DOBS NOT BNLARt3B, RBSTRICT t1R MODIIrY ANY LBGAL RIGfTPS OR &4fATffi OTHBRWISB CRBATBD, TRANSFBRR$D, BXCBPTBD OR RBSBItVBD BY Tfffi 1NSTRUMBNT. (This notice is set forW in the mamter provided in Saloon 1 of the Act of July 17, 1957, P.L. 984, as emended, a~ is not intended as notice of unrecorded inatrumearts, if any.) SBALBD AND DBLIVHRBD IN THB PRBSBNCB OF --K~B]~~ ~-E.IJU ~.f~.o The of Veteran Affairs [',t G. Koatle (J TIUe: ~_ ______...~....__._._.. VInamma~Center, Fhiladd Otlhx dt Te~213.84Z-2000 ro a of anthorlty m 38 CFR ~~and 36. .) `~„~,,~~rL3B~ALj [~-l ~ :, . '' '~ __.._______..~............_.............._....~..__.._. ~._.....__.~~1 ~'. ~D ~ ~ 1µ, ~ 11 yY~~~"dv VA Frrs 1f~i4''!ft s.~ iw,~e~tQ.s~c. r~+~tLV.~n~ T>~3 Il~ID~IT[»?i~ mndo thin 27'0r day e-f June, AD. 200Q, betwra the Soiee~etwey d Vil~nar A$iitf, an 0l6oex ~ tLa Unilod ~ of Ameeiea, vrhaao addeean L Dapaetmettt o~ Yerbbaa „ Y-~lotoaa, D.C. ~ 1~eedatllae card ~ on~or ad Deubaire Haort I~tioarl 7Yaet Coop^rgr, Aa l~uNaa Fa Ymidee Martp~ rimR 2d~Z, ReooAt~ae, ~ Na Ptonided Io A dod A01ROaMt'~ Dtded Jo,e 1, 2002. R t:ut whiol~ is esdbii~ed mdtt the 1.wa a~ ttie STA1$ OF CAt;~IA, h ib poduc~l I~ Of b0~11e04 R; C/0 ~'A1gtyWjflO H0~ ~•~.1~ 7'R~ ~ ~., ~ $Y-~~, ~1 Ylt~y, CA ~~3 C13kd QISQtAO: $I~ tb~ tba aMd (3~ulp[{!) ~! and ht coarideaMiOn Of ffire - i! dnarasd ltb~ee ~i ~psd ~i1eRy ee7-+~M1 d00Wt! ~ ~8/ ~-~- 017.64} 12rM.1~A>IgRj. tbs 7e0etllt wbE[e0f'i1fY ~, - ~ - salh; A~, s ~Obaaen, ~ C'IDE t~D the did t3nmtee ayd Cidn~ee's i~ orsacoenoo~a end ~~ .. sv ~ .. • I+1~AL DIr$C~ (IiEE A1TAL'~D DOC[ ° ~ a 'l;Ax IDs ~7~id46,23! ~' r %" =: ~°='+ Q 308 E11dAiN ST,11MC$BUR~y PA 17055 ~ ° o ~ ~ o '~ ~ rev ~r'^r '1'Ol+"f."t' r'1L tv~t a0 ~d sit file ima~+ ~wqe. sEc~r tlk3'b 1~1~- ~, MM~, libtr~iiiea, P~YS~r~ aad e~ ~d0~1i0[ baloo~ary, oeill ~~ aplraetldtda~, and tlwrev~ealioa cord mad, and l a~ a!ltha eatal4 ~ dtTe, pdpewY, , and derlmaadwl~taoe~ot t~tlre mid in law, equ~-; ae atbeeadw bcraraoe~ra~, of, io, end Ioo dte mma and ~- pest Weceof. . TO BAV$ Al®1'O ~OI,D the ~ Iot ar pieoa a[~uod abo~ dncdbed ~ lbo'i~tadita~aaois cart app~.2tnaoceey apin~+e Bred t~raniee epd (inmtee'sl~irs orsaooeaeara ao~d amt, ~'oo+av~er. iinoloc coMmaam oo wa~r4oot aotl do~md au Hatt hera6s above doeet~ed ail pasoos kwlhily old a to chat t5a a~ or any part tbaruof by, nr mdettitea0oir. II+t "WB1:Y>80F, Ciearmur oo is ~,y wad yat licit abowr wdgm Iars ortwed thJs b bo aipfademd+teadd as C~eoo~'a behalPlry the aadaeeyped, bai~fte~+eaaob ~- epppinled, edrd aatia0 pad m TlBa 38, United Colo„ 8bo~foari 21Z and 1820, aod'1"4ie 3!, Coda of Fedar~i Rrp~oa, 9.cdon X4342 and 36.#~iZO, t lh~a, as . and ~ ~ a~l6oti~d m e~ecarie ~ ia~eotmt eoac r~:°' . ___ _~.___.. '...r.,._.. ~. _ _.____._.__ __...._. SEALED AI~iD D~B[.i[V»B'D M'iHB P(CS t>g- NETTE O~1tI0 ~ACO~ $TA'i't Q!' CAL~BHtA, j } SB OO~JNrY OF Y~IJRA } TiieBlelrlrey r[Va~ran~WYira ea~iot3atodt Constrytvfde I.anr s Aa~oeised cl~oett>~t,c vtiawuit A1~ieA~eea1 olBoa or YLedorut~a ~ L~aoe Ctt~r p~ PA T~tephaae i"s (Pae.s„dt m ~ o! ~ae~iy m VA m~- 3g ~.~.~ ~ca~sz >~ 36~432Q.~ Oa this S'r` ~ a~Nowembar, ,~ 6~On m~G Dtilia Ve.~t, Ndp~ r P- ~~ ~eeoa:atly ~no~wn m rbe tolls ~epdnon ~r6ws m~oa0ir t'~ M ~t iff~i'rei-tatsd ~~ ID tsre And trice awxatad6ao~e abet tiai~osisedd tiadt6Mt b~-Lrili~a+s omt the ~ pa~reoa, actls~]r up0et bat~ti'o~ AiepdswOn tlobOd, aooaeslOa~ tresaei~rpaedt. "lrta. tt-!er'~It~+ ar s~P s~rp of au~t)!f Ctr tewdMtrhr brbw aid +itinttr~+t+. 9~ai rtt bq~t tat ~~ AtOA: AadtwtC~llt 17S111ipoC~gou>~ MSN 3W34 Simi Vey. CJ1 !3063 ~c ~~ i'Xl~t OOS952t11 ~~. ~ s trts rrnrs i . 1Y- ~M1 , LyN Bpi: D~TI~[i,T:017; Ct'lY: D®01~111M~~[1~l+ti BO~fXTOEI, A6SB99QR$ MJI~ SCR A1A1' OS65 r CCJ"ti~/ ~'IlS ~D bC nCOTaCd [n ~wnberland County Pq '~'.~ ~~~~g~~ ~~i ~ ~ ~ ~ ~ r~ ~ ~p '~ ~ ~ ~~- ~~~M~w~~~~~~ ~- a g~~~~~~s~a~~~~c~ d --.. ... .u m ~....~... ~. 4YY• 4.Y 1347 LGIIItt4 IIL•JJ~J f• IJ/I Q059S2111~ ~.r.~ ,.s~rwaaas~a~«~1-w .... _ _ ----- ----~-- a» i IIM. waw L.a+~..a4etoa= n~mucr. oir, crrr: ~: ess ~ ~~~ f ,.~. ~~~ ~ ;~ ~~~~~~-s~~~~~~~ 1 ecmfy this tp b~ r~cotdcd In C~rrtberland Courtly PA .~,a- 3 • ~.,. ..,~. ._ ,~= ~ v t • .• ~~ ~~ ~ F!` ~ p1~ ~ .~ •1_ ItA N N ~ ~ ;_ ~ ~ ~ ~; p ~ ~ t .gyp .Lp ~ ..,. ~} .. .,,;~ 1 ~~°' M~~ ~~~~ SHERIFF'S RETURN - NOT FOUND CASE N0: 2007-05357 P COMMO~TTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHIELDS JOY M R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHIELDS JOY M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT 308 E MAIN ST SHIELDS JOY M MECHANICSBURG, PA 17055 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVED DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 18.00 Service 28.80 Not Found 5.00 Surcharge 10.00 .00 fo~',pJO 7 ~ 61.80 So answers • ,~ ~ ,_~. R . Thd~as Kline Sheriff of Cumberland County MCCABE WEISBERG CONWAY 10/08/2007 Sworn and Subscribed to before me this day of A.D. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 v. Joy M. Shields Attorney for Plaintiff Cumberland County Court of Common Pleas Number 07-5357 Civil Term PETITION TO ALLOW SERVICE ON THS DEFENDANTS BY REGULAR MAIL, CERTIFIED MAIL AND POSTING PURSIIANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Joy M. Shields, at the Defendants' last-known address of 308 East Main Street, Mechanicsburg, PA 17055. However, the Sheriff advised that he was unsuccessful as there was no answer. A copy of the Sheriff's Non Service Return indicating the same is attached hereto and marked as Exhibit "A." 2. Plaintiff has searched for a forwarding address for Defendant, and the Post Master has advised that the defendant is good as addressed at property, 308E. Main Street. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit .. B ..) . 3. Plaintiff has checked the Local Telephone Directory for an address for Defendant; there are no listings for the Defendant, Joy M. Shields in or around the Mechanicsburg area. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 4. Plaintiff has made inquiry with M. Fortney, 306 E. Main Street, 717-766-9676, adult female stated the defendant still lives next door. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 5. Plaintiff has made inquiry of the local tax bureau and the tax bill is mailed to tax service. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 6. Plaintiff has made inquiry with the Social Security Administration and was advised that there are no death records on file for the Defendant, Joy M. Shields. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 7. Plaintiff has investigated the Defendants' Voter Registration Records, and the Defendant, Joy M. Shields is registered at the property, 308 E. Main Street. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit ~~ B ~~) . 8. If service cannot be made on the Defendant, Joy M. Shields, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, Joy M. Shields, by regular mail; certified mail, return receipt requested; and by posting at Defendants' last- known address and the mortgaged premises known in this herein action as 308 East Main Street, Mechanicsburg, PA 17055. ERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff ~~ - SHERIFF' S RETURN - NOT r'UUNll J~='"~ r r oY r CASE NO: 2007-05357 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHIELDS JOY M R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ------ - - ---- - - b unable to locate Her in his bailiwick. /Yl11l T\T T T1TT 71R/\TlT 7T/11771 ut was He therefore returns the the within named DEFENDANT SHIELDS JOY M NOT FOUND as to 3 0 8 E MAIN ST ____ __ MECHANICSBURG, PA 17055 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVED DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: So answers• Docketing 18.0 0 ,..-~'=~~~"^ --' I Service 28.80 Not Found 5.00 R. Th as Kline Surcharge 10.00 Sheriff of Cumberland County .00 61.80 MCCABE WEISBERG CONWAY 10/08/2007 Sworn and Subscribed to before me this day of , A.D. ~~ ~ ~* ~ ~ ~ C ~ I ~ ~~ /~ r~ LARRY DEL VECCHIO PROCESS SERVER FOR A.O.S.S. P.O. BOX 344 CHALFONT, PA 18914 (215) 491-4469 (215) 491-4473 FAX Deutsche Bank National Trust Co. et al COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. JOY M..SHIELDS NO. 07-5357 CIVIL TERM LAST KNOWN ADDRESS: 308 E. Main Street, Mechanicsburg, PA 17055 LOAN NUMBER: 234-0404PA AFI'~DAVTT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S) I hereby certify that on October 23, 2007, a good faith effort was made to discover the correct address of said defendant (s), by: 1. Inquiry of Postal authority; Postal authority states defendant is good as addressed at property, 308 E. Main st. 2. Examination of local telephone directories, 411 assistance and Internet records; No listings for defendant in or azound Mechanicsburg azea 3. Neighbor Contacts: M. Foriney, 306 E. Main St., (717) 766-9676, adult female stated the defendant still lives next door 4. Taa Information: - Tax office mails bill to tax service 5. Death Records: - Social Security has no death records for the defendant under her SSN. 6. Voter Registration: Registered at property, 308 E. Main St. I certify that this information is true and correct to the best of my knowledge, information and belief. BY: NOTARY PUBLIC: Sworn to and described before me this /S'~• day of ~~f2/007. ~.~,c~w~,c~cJ~ 7'Ta,-~ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ROSEANN C. NAGLE, Notary Public Warrington Twp:, Bucks County My Commission Ex Ices January 9, 2011 Larry Del Vecchio, Process Server ®~ ~ I~~~T °~~~~ LARRY DEL VECCHIO PROCESS SERVER FOR A.O.S.S. P.O. BOX 344 CHALFONT, PA. 18914 October 23, 2007 Postmaster Mechanicsburg, PA 17055 (215} 491-4469 FAX (215) 491-4473 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Joy M Shields Address: 308 E Main St Mechanicsburg, PA 17055 The following information is provided in accordance with 39 CFR265.6(d) (4) (ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual 3 52.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for A.O.S.S. (Rule 400.1.b) 3. The names of all known parties to this litigation: Deutsche Bank National Trust et al vs Joy Ivl Shields 4. The court in which the case has been or will be heard: Cumberland County, PA, Court of Common Pleas 5. The docket or other identifying number if one has been assigned: No.: 07-5357 Civil Term 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS M CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT M CRIMINAL PENALTIES INCLUDING A FINE OF UP TO 510,000.00 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I CERTIFY THAT THE ABOVE 1NFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE P.O. Box 344 Chalfont, PA. 18914 For ' FOR THE POST OFFICE USE ONL NO CHANGE OF ADDRESS ORDER ON FILE NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS: POST MARK C~c~a QCs f-E~~~S ~~ ~~ 1 v~ G ~~O ~ .> a s,~ ... v S ~o McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 v. . Joy M. Shields Attorney for Plaintiff Cumberland County Court of Common Pleas Number 07-5357 Civil Term MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. ~j~~_- TERRENCE J. McCABE, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 . v. Joy M. Shields Attorney for Plaintiff Cumberland County Court of Common Pleas Number 07-5357 Civil Term CERTIFICATION OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Petition to Allow Service on the Defendants by Regular Mail, Certified Mail, and Posting Pursuant to Pa.R.C.P. 430, by United States Mail, first class, postage prepaid, on the 26t'' day of November, 2007, upon the following: Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 ,~^ TERRENCE J. MCCABE, ESQUIRE VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE r. N c '.7 r a ~~ . -~ ~ ,~._ t 7 t +, .. .:..~4 ~ t ~ X06 ..r . .., - f - . r... "11 (~ .. 'f .~(. * McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1b10 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 v. Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 07-5357 Civil ARGUMENT PRAECIPE TO THE PROTHONOTARY: Kindly submit the following matter to the assigned judge for determination: Motion for Alternate Service. Oral argument is not requested. ~~ ~rl~- TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 1649E First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 Cumberland County Court of Common Pleas v. Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 Number 07-5357 Civil MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Joy M. Shields, at her last-known address and the mortgaged premises of 308 East Main Street, Mechanicsburg, PA 17055. However, the Sheriff advised that he was unsuccessful after making several attempts with no response. A true and correct copy of the Sheriffs's Return indicating the same is attached hereto as exhibit "A". Plaintiff has searched for a forwarding address for Defendant, Joy M. Shields, and the Post Master has advised that the premises address of 308 East Main Street, Mechanicsburg, PA 17055 is a good address for the Defendant, Joy M. Shields. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B") Plaintiff has checked the Local Telephone Directory for Joy M. Shields but there is no listing for her in or around the Mechanicsburg area. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 4. Plaintiff has contact the Defendant's neighbor, M. Fortney, at 306 E. Main Street, Mechanicsburg, PA 17055 who stated that the Defendant, Joy M. Shields, still resides at 308 East Main Street, Mechanicsburg, PA 17055. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 5. Plaintiff has made inquiry of the local tax bureau who informed Plaintiff that tax bills are mailed to a tax service. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 6. Plaintiff has made inquiry with the Social Security Administration and found no death record for the Defendant, Joy M. Shields, under her social security number. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B") Plaintiff has made inquiry with The Cumberland County Office of Voter Registration, who stated that the Defendant, Joy M. Shields, is registered to vote at the premises address of 308 East Main Street, Mechanicsburg, PA 17055. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 8. If service cannot be made on the Defendant, Joy M. Shields, the Plaintiff will be prejudiced. There are no cases currently pending before any Judge in Cumberland County, nor any cases previously decided by any Judge in Cumberland County, which are related to this case. 10. There is no opposing counsel of record in this case. This Motion is an uncontested Motion for Alternative Service. WHEREFORE, Plaintiffprays this Honorable Court grant an Order allowing the Plaintiff to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, Joy M. Shields, by regular mail; certified mail, return receipt requested; and by posting at Defendant's last-known address and the mortgaged premises known in this herein action as 308 East Main Street, Mechanicsburg, PA 17055. /~ ~~~.- TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 Cumberland County Court of Common Pleas v. Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 Number 07-5357 Civil MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. L%!i ~~ TERRENCE J. McCABE, ESQUIRE VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. i-~ ~~ TERRENCE J. McCABE, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 v. Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 07-5357 Civil CERTIFICATION OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 28`~ day of April 2008, upon the following: Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 / -~ ~~ TERRENCE J. McCABE, ESQUIRE SHERIFF'S RETURN - NOT FOUND . ...,CASE NO: 2007-05357 P ` COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHIELDS JOY M R Thomas Kline ~~~v~r t--r~r~ ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT but was SHIELDS JOY M unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT SHIELDS JOY M 3 0 a E M?,IN ST MECHANICSBURG, PA 17055 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVED DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: ~ So answera• ~~ -' Docketing 18.00 Service 28.80 Not Found 5.00 R. Th as Kline Surcharge 10.00 Sheriff of Cumberland County .00 61.80 MCCABE WEISBERG CONWAY 10/08/2007 Sworn and Subscribed to before me this day of _ __ A.D: LARRY DEL VECCHIO PROCESS SERVER FOR A.O.S.S. P.O. BOX 344 CHALFONT, PA 18914 (215)491-4469 (215) 491-4473 FAX Deutsche Bank National Trust Co. et al COURT OF COMMON PLEAS _ C[JMBERLAND COUNTY VS. JOY M. SHIELDS NO. 07-5357 CIVIL TERM LAST KNOWN ADDRESS: 308 E. Main Sheet, Mechanicsburg, PA 17055 LOAN NUMBER 234-0404PA w~DAV1T OF GOOD FA1TH EFFORT TO LOCATE DE>~'ENDANT~1 I hex+eby certify that on October 23, 2007, a good faith effort was made to discover the correct address of said defendant (s), by. 1. Inquiry of Postal authority; Postal authority states defendant is good as addressed at property, 308 E. Main st. Z. Ezamination of local telephone directories, 411 assistance and Internet records; No listings for defendant in ar around Mechanicsburg area 3. Neighbor Contacts: M. Fortney, 306 E. Main St., (717) 76b-9676, adult female stated the defendant still lives next door 4. Taz Information: - Tax office mails bill to tax service 5. Death Records: - Social Security has no death records for the defendant under her SSN. 6. Voter Registration: Registered at property, 308 E. Main St. I certify that this information is true and correct to the best of my knowledge, information and belief. BY: NOTARY PUBLIC: Sworn to and descnbed before me this ~.l'~'1' ~Y Larry Del Vecchio, Process Server of ~~~'~-`'~ 2007. ~ L ~rl/l/ COMMONWEALTH Off' PENNSYLVANIA NOTARIAL SEAL ROSEANN C. NAGLE, Notary Put~lic Wartington Twp:, gu~c,s County I~ly (~rnmission Expres January 9.2011. EXHIBIT B I,,ARItY DEL VECCffiO PROCESS SERVER FOR A.O.S.S. P.O. BOX 344 CHALFONT, PA. 18914 October 23, 2007 (215) 491-4469 FAX (215) 491-4473 Postmaster Mechanicsburg, PA 17055 REQUEST FOR CHANGE OF ADDRESS OR B070IOLDER mFO~yIATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Joy M Shields Address: 308 E Main St Mechanicsburg, PA 17055 The following information is provided in accordance with 39 CFR265.6(d) (4) (ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manua1352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester actin Pro Se- except a corporation acting Pro Se must cite is an attorney or a party g statute: Process Server for A.O.S.S. (Rule 400.1.b) 3. The names of all known partie to this litigation: Deutsche Bank National T ; t et al vs Joy TV1 Shields 4. The court in which the case has nor will be heard: Cumberland County, PA, ourt of Common Pleas S. Tle docket or other identifyin number if one has been assigned: No.: 07-5357 Civil Term. 6. The capacity in which this ind vidual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OB AIN AND USE CHANGE OF ADDRESS INFORMATION OR BO}{HOLDER~IldFOPRMA PE Nt: i'tVE LITIGAPTIU ON C~ RESI~JLT IId C SRIMINAL PENALTIES INS-UDMG FINE OF UPN TAO S 0,000.00 OR IIvIPRISONMENT OR (2) TO AVO PAYMENT OF THE FEE FOR CHANG~ OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS. OR TH (TITLE 18 U.S.C. SECTION 1001). I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WTfH ACTUAL OR PROSPECTIVE P.O. Box 344 LARK E ECCH Chalfont, PA. 18914 For A. . FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE POST MARK NEW ADDRESS OR BOXHOL-DER'S NAME ANU P'-vr(r~r c~pF1' ADDRESS: G ` L7 _ ~'J T o a ' G9 '~ ~ ~s S3~y e~~Y, r~'~~+ , :~ ~t LAW OFFICES WEISBERG & CONWAY, P.C. McCABE SUITE 600 / McCABE"^' TERRENCE J , SUITE 2080 216 HADDON AVENUE . MARL S. WEISBERG*• 123 SOUTH BROAD STREET wESTMOrrr, Na oslog (s56) 858-7080 EDWARD D. CONWAY pgH,ADELPHIA, PA 19109 FAX (856) 858-7020 MARGARET GAIRO (215) 790-1010 LISA L. WALLACE+t * FAX (215) 790-1274 SUITE 401 BRENDA L. BROGDON 145 HUGUENOT STREET MICHELLE M. MONTE ^^ NEW ROCHELLE, NY 10801 FRANK DUBIN ANDREW L. MARKOWITZ (914}636-8900 KATHERINE SANTANGINI^^ FAX (914}636-8901 Also servicing Conuectlcut BONNIE DAHL• ANGELA M. MICHAEL» SCOTTTAGGART• SUITE 302 DEBORAH K. CURRANt• 8101 SANDY SPRING ROAD LAURA H.G. O'SULLIVANt• MD 20707 LAUREL STEPHANIE H. HURLEY•• ^ , (301) 490-3361 JASON BROOKS FAX (301) 490-1568 Also servicing the District of Columbia and Virginia • IJttued 1^ PA & NJ - •• LeeauM i~ PA & NY Uf COUIIgeI ^ Lu^xd 1^ NY ^^ ute^ud t^ N.i PITNICK & lyIARGOLIN, LLP^ - NY » I~tnaed 1^ PA & WA CURRAN • - MD & D DEBORAH K ••• IJeeued in PA, NJ & NY v & Cr . O'SULLIVAN• - MD & DC G LAURA H t ua..ea i^ N • ~^"~+^ sm ° oc . . STEPHANIE H. HURLEY•• - MD .. uuued t^ MD + Maaging Attoney for NY JOSEPH F. RIGA" - PA & NJ t Managing Attorney for MD July 3, 2008 Prothonotary's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Deutsche Bank, et.al. v. Joy M. Shields Cumberland County CCP Number 07-5357 Civil Dear Sir/Madam: Enclosed please find an original and two copies of Plaintiff s Motion for Alternative Service Pursuant to Pa.R.C.P. 430 relative to the above-captioned matter. Please file and docket the original, forward one copy to Court Administration for consideration and return atime-stamped copy in the Envelope provided. Thank you for your assistance in this matter Very Truly Yours, ~ ~~~ l~d- TERRENCE J. McCABE TJM/db Enclosures This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. McCABE, WEISBERG AND ~ONWAY, P.C. Attorne for Plaintiff BY: TERRENCE J. McCABEy ESQUIRE y Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 1909 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 v. Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 Cumberland County Court of Common Pleas Number 07-5357 Civil ORDER AND NOW, this ![' day of 9~ , 2008, the Plaintiff is granted leave to serve the Complaint in Mortgage Fot~eclosure and all other subsequent pleadings that require personal service and the Notice of Sheriff's Sale upon the Defendant, Joy M. Shields, by regular mail and by certified mail, return receipt requested, and by posting at the Defendants' last-known address and the mortgaged premises known in this herein action as 308 East Main Street, Mechanicsburg, PA 17055. ' BY THE COURT: f' V ' o ~. ~l ~~~l~~~i ~tS'p~,r ! ad Z : ~ ~ ~~ - i ~nr ~ooz ~~lc~;~;vr~.C1~vd ~H! ~o ~~:~~~~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank national Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 Plaintiff v. Joy M. Shields Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-5357 Civil PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. T ENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff n .-- ~" ~ = ~ ry R°~' °'~' t ti ' : ~- =~ ,_, , ~_ ~... _ @ .-s ~_~, '^,3 G7"4 r~ ..,~.. G~ ~ .. R,,, cap `+ C~3 :::i N W o ":a~ ~.^. ~A7 l;~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-05357 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHIELDS JOY M STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHIELDS JOY M the DEFENDANT at 0020:00 HOURS, on the 28th day of July 2008 at 308 E MAIN ST MECHANICSBURG, PA 17055 by handing to POSTED PER COURT ORDER @ 308 E MAIN ST FOR JOY SHIELDS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.00 Affidavit .00 Surcharge 10.00 Posting 6.00 7~.~>~09" ~ ~ 4 5 0 0 Sworn and Subscibed to before me this day So Answers: .~~~ R. 'Thomas Kline 07/29/2008 MCCABE WEISBERG & CONWAY By. Deputy Sheriff of A.D. i McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONW'AY, ESQUIRE - ID # 34687 MARGARET GAIRb, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Deutsche Bank national Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 Plaintiff v. Joy M. Shields Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-5357 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS. Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: That he is counsel for the above-named Plaintiff; 2. That on July 31, 2008, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Joy M. Shields, by regular mail and certified mail, return receipt requested, addressed to his/her last-known address of 308 East Main Street, Mechanicsburg, Pennsylvania 17055. A . ~' ~- true and correct copy of the letters and certified receipts are attached hereto, made a part hereof, and marked as Exhibit ..A.. That on July 28, 2008, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Joy M. Shields, by posting the same at the mortgage premises of 308 E Main St, Mechanicsburg, Pennsylvania 17055. A true and correct copy of the Affidavit of Service indicating the same is attached hereto, made a part hereof, and marked Exhibit "B". C- TE ENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE M~ THIS 21st DAY OF August, 2008 K.- ~ . N01'ARY PUBLIC ~yp~~~~cww„~a.a~acr,'s,~ iR/1/~i~ifW al~fL+ A I'1s0lfgti. Notary A-blic ~a[p,pCo~at~ '. it[pt~sinloe ~ Mangy 2R, 2L~II`> p ras ~ ~: .,.y..~ f , ./ ' V } ~~ ~ ~~ ~~ 'Xy~~~ . G } ~~ r . , , .~~ ~ i 4 _ " McCABE, WEIS)~ERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE IdentitTcation Nunl~ber 16496 first Union Buildipng 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215 790.1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 v. Joy M. Shields 308 East Main Street Mechanicsburg, PA 17!055 Attorney for Plaintiff Gtiamberland County Court of Common Pleas Number 07-5357 Civil °; ORDER AND NOW, this // ~ day of ~ , 2008, the plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure and all other subsequent pleadings that require personal service and the Notice of Sheriffs Sale upon the Defendant, Jay M. Shields, by regular mail and by certified mail, return receipt requested, and by posting at the Defendants' last-known address and the mortgaged premises known in this herein action as 308 East Main Street, Mechanicsburg, PA 17055. BY THE COURT: ~S/ A'oiL~..~J ~ I a~ J. Testhnony whereof, I hers unto set mfr hang; ~d the ~ of said n ~,~J,d, ~. TERRENCE J. McCABE"' MARC S. WEISBERG•• EDWARD D. CONWAY MARGARET GAIItO LISA L. WALLACE+fi BRENDA L.BROGDON' FRANK DUBIN ANDREW L. MARKOWITZ GAri C. SPIVAK• HEIDI R. SPIVAK• SCOTT TAGGART• MARISA COHEN• KATHERINE SANTANGINI^^ JASON BROOKS^ DEBORAH K. CURRANt. LAURA H.G. O'SULUVANt. STEPHANIE H. HURLEY•• MARGARET MARY BALMFORTH •< • Inered in PA! W •• Dared ~ PA tllY ^ Litered ie NY ^~ tJONeed 1~ t'u » I.iarod i~PAt WA ••• lUeeredn PA, IJl t MY 1 Lieored h NY l R • Liard i ldt)! DC .. tiosedr~ • WOK MKT br NY : -terws Alleerp for Id0 < liaeredr VA Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUTfE 2080 123 SOUTH BROAD STREET PH1I.ADF.I.PHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 July 31, 2008 SUITE 303 216 HADDON AVENUE WESTMONT, NJ 08108 (856)558-7080 FAX (856) 858-7020 SUITE 401 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914}636-8900 FAX (914}636-8901 Also servicing Connecticut SUITE 302 8101 SANDY SPRING ROAD LAUREL, MD 20707 (301) 490.3361 FAX (301) 490.1568 Also servicing the District of Columbia and Vvginia of Cow~sel IOSEPH F. RIGA• - PA & NJ Re: Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 v. Joy M. Shields Cumberland County; Court of Common Pleas; Number 07-5357 Civil Deaz Mrs. Shields: Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure, along with a copy of the signed Order dated July 11, 2008, the original of which has been filed against you in regazd to the above»captioned matter. TJM/hm Enclosures Ve y yours, T NC . McCABE SENT VIA REGULAR 1V~AIL AND CERTIFIED MAIL NUN~BER 70051820 0002 9274 2739 RETURN RECEIPT RE~UESTED This is a c ecto This letter may be an attempt to collect a e t an any information obtained will be used for that purpose. QU ~?' ['~ usU ~-~I I'`- CE R TIFIE D MAIL. RE;~;t= I~,.~ (Dom es!rc JL1arl O nly. ,'~z3 ' sur.tn ~ . , "-tqc f~rnv+cietJ SHERIFF'S RETURN - REGULAR. CASE NO: 2007-05357 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHIELDS JOY M STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHIELDS JOY M DEFENDANT the at 0020:00 HOURS, on the 28th day of July 2008 at 308 E MAIN ST MECHANICSBURG, PA 17055 by handing to POSTED PER COURT ORDER @ 308 E MAIN ST FOR JOY fiHTF.T,T'~~ a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.00 Affidavit .00 Surcharge 10.00 Posting 6.00 45.00 Sworn and Subscibed to before me this day So Answers: t ~~~~ R.~Thomas Kline 07/29/2008 MCCABE WEISBERG & CONWAY By: Deputy Sheriff of A.D. c`~ "~ K°` °J ~ - ~ .,., ~, ' c. - ~;, ~ .~.. rr~ f~,7 .~ y '' .. c ~ ~'~: ~~:. ~~.. '<_' ,~ ~ t~7 ~. J CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 v. Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 Cumberland County Court of Common Pleas Number 07-5357 STATEMENT PURSUANT TO LOCAL RULE 208 Defendant is not represented by counsel. Plaintiff has obtained j udgment by default in an action in Equitable Foreclosure and now seeks an Order implementing that judgment. No Judge has ruled in any other issue pertaining to this matter, or any related matter. Counsel for Plaintiff is Frank Dubin, Esquire, Attorney ID No. 19280. If a hearing becomes necessary, Plaintiff will be represented by Matthew J. Eshelman. Esquire. Y~ bin, Esquire for Plaintiff a ti CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 v. Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 Cumberland County Court of Common Pleas Number 07-5357 ORDER AND NOW, this day of , 2008, upon consideration of Plaintiff s motion to Foreclose Equitable Mortgage and Ej ectment, and Defendant's response, if any, the Motion is GRANTED and it is hereby ORDERED and DECREED as follows: (i) in rem judgment against the Defendant is granted in the amount of $98,164.77 through October 17, 2008 together with interest thereafter at the legal rate according to law together with costs and other charges collectable under the installment sale agreement; (ii) Plaintiff may bring an action for a deficiency judgment pursuant to the Deficiency Judgment Act [42 Pa. C.S.A. §8103]; (ii) Defendant's interests under the installment sale agreement are terminated, and if the instalment sale agreement is of record, the recorder of deeds is ordered to mark it void upon praecipe of Plaintiff; and (iii) judgment in ejectment is granted in favor of Plaintiff and against Defendant, and Defendant and all occupants, are ordered to vacate the premises within 10 days of date of this Order. t IT IS FURTHER ORDERED AND DECREED that all personal property, of whatever kind or nature, remaining in or on the property after the later of ten days following the date of this ORDER or one day after the lockout date, shall be deemed abandoned, and Plaintiff may dispose of such property as it sees fit without any liability therefor. BY THE COURT J. McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790 - 1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 v. Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 07-5357 Preliminary Statement The Defendant is the Buyer under an installment sale agreement, and Plaintiff is the Seller, having acquired title by purchase from the Secretary of Veteran Affairs. The Defendant is in default of the installment sale agreement, so Plaintiff brought an action to foreclose the installment sale agreement as if it were an equitable mortgage, and did so by following the rules for mortgage foreclosure, beginning with the sending of an Act 6 and Act 91 Notice of Intention to Foreclose. Because title is in Plaintiff, and because the interest held by the Defendant under the installment sale agreement will be terminated if the Order is granted, Plaintiff's title in the property will be established, and unlike a typical mortgage foreclosure, Plaintiff does not need to wait for a sheriff's deed to prove its paramount title. Accordingly, Plaintiff has also demanded possession of its property. MOTION TO ENTER JUDGMENT GRANTING EQUITABLE RELIEF 1. Plaintiff, Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 is the Seller under an installment sale agreement, having acquired title by purchase from the Secretary of Veteran Affairs. See Exhibit "A," the installment sale agreement, and Exhibit "B," the deed to Plaintiff. 2. Defendant is the Buyer under the installment sale agreement. 3. The complaint to terminate Defendant's interest in the installment sale agreement, and for ejectment, was served on Defendant. See Exhibit "C." 4. Defendant did not reply to the Complaint. 5. Pursuant to Pa. R.C.P. 237.5, a Ten Day notices was sent to Defendant on August 21, 2008. See Exhibit "D." 6. Defendant did not respond to the Ten Day Notice, anal Plaintiff filed to enter judgment pursuant to Pa. R.C.P. 236. See Exhibit "E." 7. Judgment on the Complaint in favor of Plaintiff, and against Defendant, was entered on September 27, 2007. See Exhibit "E." 8. However, judgment on the Complaint will not, by its entry, cause the interest of Defendant under the installment sale agreement to be terminated. 9. Further, upon entry of the court's order that, in part, terminates Defendant's interest in the real property which is the subject of the installment sale agreement, Plaintiffs paramount interest in the title to the property will be established thereby completing the elements necessary to support an action in ejectment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court, in the exercise of its equitable powers, issue an order terminating Defendant's interest under the installment sale agreement and confirming the entry of judgment in ejectment, and further ratifying Plaintiff s in rem monetary judgment in the amount of $98,164.77 together with interest thereafter at the legal rate according to law together with costs and other charges collectable under the installment sale agreement. Respectfully Submitted, McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790 - 1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 v. Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 07-5357 MEMORANDUM OF LAW IN SUPPORT OF PLAINITIFF'S REQUEST FOR EQUITABLE RELIEF In Stillwater Lakes Civic Association. Inc. v. Edwin Kravitz , 772 A.2d 118, the Court stated "Under the typical installment land contract, the buyer takes possession of the property and makes periodic installment payments to the seller until the contract price is paid. Anderson Contracting Company v. Daugherty, 274 Pa.Super. 13, 417 A.2d 1227 (1979), appeal dismissed, 492 Pa. 630, 425 A.2d 329 (1980). When the contract is signed, the buyer becomes the equitable or beneficial owner of the property. Byrne v. Kanig, 231 Pa.Super. 531, 332 A.2d 472 (1974). The seller retains legal title to the property as security for the buyer's performance of the contract until the buyer satisfies the terms of the contract. Anderson Contracting Company. At that point, the seller delivers a deed to the buyer, conveying legal title to the property. RESTATEMENT (THIRD) OF PROPERTY (Mortgages) § 3.4 cmt. a (1996). Although the seller retains legal title as security for payment of the contract price, Pennsylvania case law states that an installment sale agreement should be treated as a mortgage. Anderson Contracting Company. Indeed, Pennsylvania has adopted a view stating that the relationship between a seller and a buyer who are parties to an installment sale agreement is that of mortgagee and mortgagor. rN2 Id. A mortgage is the retention of an interest in real property as security for the performance of an obligation. RESTATEMENT (THIRD) OF PROPERTY (Mortgages) § 1.1 (1996)." FN2. We note that the RESTATEMENT (THIRD) OF PROPERTY (Mortgages) § 3.4 cmt. a & § 3.4(b) (1996) states that, in an installment sale agreement, the seller is financing the balance of the purchase price, and that the installment sale contract creates a mortgage. According to the Stillwater Court, when the contract is signed, the buyer becomes the equitable or beneficial owner of the property, and the selleY• retains legal title to the property as security for the buyer's performance of the contract until the buyer satisfies the terms of the contract; and, although the grantor retains legal title as security for payment of the contract price, Pennsylvania case law states that an installment sale agreement should be treated as a mortgage. Stillwater Lakes Civic Association, Inc. v. Edwin Krawitz, supra, cited Anderson Contracting Co. v, Daughety, 274 Pa. Super. 13, 417 A.2d 227. Anderson Contracting, upon which Stillwater drew heavily, stated: "As to the requirement that the transaction be secured by a lien, the lower court held that `(t)he courts of this jurisdiction have long recognized the so-called lien which a vendor has before a conveyance, and which consists of his retention of title as security for the performance of the contract of the vendee. The lien created by the vendor's retention of the life estate has all the incidents of a mortgage, and is a lien upon the subject land for the unpaid purchase money. Stokely v. Trout, 3 Watts 163 (1834); New York & Cleveland Gas Co. v. Plumer, 96 Pa. 99 (1880); In Re Deardorf, 17 F.2d 294 (D.C.M.D.1927).' Lower court opinion at 22a-23a. As a general proposition, we agree with the learned trial court. However, it should also be acknowledged, as appellee points out, that `(a) person cannot own an article and at the same time have a lien upon it.' Atlantic Finance Corp. v. Kester, 156 Pa.Super. 128, 136, 39 A.2d 740, 744 (1944). See also Penn Mutual Life Ins. Co. v. Finkel, 428 Pa. 11, 235 A.2d 396 (1967); Anania v. Serenta, 275 Pa. 474, 119 A. 554 (1923); Day v. Ostergard, 146 Pa.Super. 27, 21 A.2d 586 (1941). As one commentator has perceptively stated: `To call the vendor's security interest a lien seems a misnomer in view of the fact that he actually retains legal title to the property. It would be more accurate to maintain that the seller may enforce his interest in the property as a lien, rather than to insist. that his interest is itself a lien.' (Footnote omitted.) Comment, Forfeiture: The Anomaly of the Land Sale Contract, 41 Albany L.Rev. 71, 76-77 (1977). See also, Auten, A Review of the Pennsylvania Usury Law (Act No. 6 of 1974), 46 Pa.B.A.Q. 38 (Jan. 1975). Notwithstanding this apparent contradiction, several factors convince us that the framers of Act No. 6 did not intend the "fit" be so tight that the lien requirement be met with absolute precision." Thus the Anderson Court, and consequently the Stillwater Court, fashioned a remedy to prevent the harshness of a forfeiture of the grantee's interest under an installment sale agreement. That remedy, based upon equitable principles, was to characterize an installment sale agreement as a mortgage. Accordingly, the creation of the mortgage by equity necessitates its "foreclosure" i.e., the termination of the installment sale agreement, by equity. bin, Esquire for Plaintiff VERIFICATION The undersigned, Frank Dubin, hereby certifies that he is familiar with the matters set forth in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsificati,~on to authorities. in EXHIBIT "A - to Motion" ,~ .ti + !~ FORM 26-6336e (cg) 10.10.6-0513485 ~~ `If~vised'"SHPT 1998 • ... lo-lay-ool~sss INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE -PENNSYLVANIA THIS LOAN MAY NOT BE ASSUMED WITHOUT THE PRIOR APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, SUCCESSORS OR ASSIGNS. 1. THIS AGREEMENT, made the 30th day of August 2001 , by and between the Secretary of Veterans Affairs, an officer of the United States of America, whose address is Department of Veterans Affairs, Washington, D C 20420, (of We first pact) hereinafter called 'Sella", and his/her successors in such office. as such, and JOY M. SHIELDS hereinafter called "Hoye" (party of the second part) 2. WITNBSSETH, That it is mutually agreed as follows: The Sella hereby egrets ro sett ro the Buyer, and the Buyer hereby agrees to purchase from the Sella, all that real property situated in The Borough of Mechanicsburg county of s Cumberland and Commonwealth of Pennsylvania, herein referred ro as "the property and move folly described as follows: TAX PARCI3I, 17-23-0565-238 ~- -------• -----------1 308 E Hain Street eo""~M`t~ ~' ~` Hechani.caburg, PA 17055 ~ ~~~ - 610 X21 I C 001 001 3. This Agreement is made anbject ro: (1) Fatisting leases and ib rights if any, of persons in if an . (2) The general cartes and apecia! assessments which theheteina8er covonaats to pay. (3) Building line and building and liquor restrictions of record. (4) Zoning and building laws or ordinances. (~ Party wall rights or agraments. (6) Roads and highways• m Covenants. ao~mditions, euxptioos, reservations, restrictions, or easements of record. (8) Rights of all claiming by, through, or under the Buys. - (9) Any state of ~a which an aawrato survey would show. (!0) Alt unpaid wale sod aewage~diaposal charges for services rendered after the da0e of delivery of this Agreement. (11) All contracts or agreements, reoordod or unrecorded, for firrniahing gas, electricity, water, or al service. se~+Se-dispoa (12) The twnstitutim bylaws, rules, regulations, testrictiotaa. ebarges, or aasessmenta of any civic improvement or other association, cotporation,or district, which a~rect the property. (13) Coal Notice under the Bituminous Mine Subsidence and band Conservation Act of 1966 attached. The Bnya shall indemnify and nave harmless the Se1kr from all loss and liability that arise by reason of any and all obligations and liabilities exrsttng or arising oat of any of the foregoirtg matters. 4. Buyer shall pay to Sella for the property the sum of --- (5 91000.00 ) in lawflrl money of the United sgoea of America ~ the (Donal Offxx) (Center). Departttteut of -1~ Veterans Affairs. an agency of the United States,or at such other place withht the U red States as the Seller or the Seller's Agent, may from lima to time designate is writing. at the times, in the amounts. and in the manner following: (5 1000.00 ) in cash prior ro or upon the execution and delivery of this Agreement; a~ the balance of (5 90000.00 )herein referred to as 'principal sum' or as 'principal" with interest thereon at the rate of SEVEN lint [ 7.00 )x per anmrm, fiom-the date oaf August 30 .2001, which said principal and interest on the unpaid portion thereof shall be payable in equal ment4lY Imtailments as follows: (5 598.77 ) on the first day of October ,2001 , and a like sum on the first day of each and every month thereafter for 359 oonsecative, additiouat ndonths, until said princa~al and interest shall have been fully paid. finless sooner paid, the unpaid balance of principal Plus the,acpved and unpaid interest ahali be doe and payable on the First day September 2031 Of the total purchase price paid for the said descdbed property, the amount of ~ 1, 000.00 is a rehabilitation loan granted pursuant to Public Law 100.198, ro be disbursed under a separate Pscrow Agreement which rehabilitation loan bears the same rate of interest as the balance of the amount reASaining and to be paid for the Extxpt as hereinafter otherwise provided, each Payment made hereunder shall be credited fast on the interest they doe as herein provided and tlu remainder shall be credited upon unpaid principal. Additional payments of principal in any anootutt not less than rho amount of the monthly imtallmenis above provided or One Hundred Ibllars (5100), whichever is less, may be made at any time and shall be credited on the unpaid principal sum in such manner as the Buyer may elect, or in the absence of such election, as Sella may elect. 5. AII real estate taxes, water rents, sews charges, assessments, and other charges payable in years subserpunt ro the year . 2001 or levied after the date of execution of this Agreement, or for improvements which are not then completed upon the Property, are and shall be the obligation of the Buyer. and Birya oovenams ro pay the same in the manna provided in paragraph seven hereof. Water/seQver and special assessments to be paid diea:tiy by buyer. - 6. Buyer shall obtain and continuously maintain Lazard insurance of such type or types and amounts as the Seller may ftpm time to limo notify Buyer to obtain on the rmprovenuatts now or hereafter made on said premises and will pay any praniums therefor promptly when due. All insurance shall be carded in oompaales approved by Seller and policies aM renewal thereof shall be held by Seller and have attached thereto loss payable classes in favor of Seller as Secretary of Veterans Affairs is acceptable form. In the event of loss, Buyer will give immediate [entice by mail to Seller and Seller may, bat is not under duty to make proof of loss, if each proof is not made promptly by Buyer. All insurance carriers are hereby authorized sad dirteted to make payments for such loss directly to Seller [offend of to Buyer and Seller jointly. The proceeds from We payment of such loss or any part thereof may be applied by Seller either to reduction of the indebtedness or to the restoration and repair of the property damage. 7. Together with and in addition to the moodily payments of principal and interest payable under the terms hereof, Buyer will pay the Seller on the first day of each month until lire terms of this contract Lave been Hilly complied with, the following sums: (a) Such amount or amounts as may be necessary to equal all err any of the premiums which next beconu: due sad payable oa the policy or policies of fine and other hazard insrrance covering the property, pins taxes, ~t doe oa the property (all as estimated by Seller, and of which Buyer is notified) leas all wins already paid therefor divided by the number of months to elapse before one month prior to the date when such premiums, taxes will become delinquent, su+d; sums to be - held by Seller in Trust (irrevocable until all of Buyer's obligations under this Agreement are discharged) to pay said preauams, taxes. (b) The iaitalhnent for principal and interest stated in paragraph 4 which sum plus the amounts payable pursuant to aubparagtaph (a) of this paragraph shall be paid .ice a single payment each month. Bxcept as otherwise provided in paragraph 14, such payment abatl be applied to the items sad 3n the older stated below: I. Texas. fire and other heard insurance premium; II. Interest on rho unpaid portion of the principal; and III. Unpaid principal. (c) AaY d~m~Y in.a-Y such payment shall, unless made good prior to the doe date of the next payment. ooaMitute an event of defwlt hereunder. The Seller may oohed a 'tale tftatge' not to exoood an amount egaat to tour (4%) per oetutrm of the installment which is not paid wttLin fiftew (IS) days from the doe data thereof, to cover the pttra expense involved in handling delinquent payments. (d) If the total of the payments made by Bayer under subparagraph (a) of this paragraph shall at any time in tLe opinion of Setler exceed the atnrnmt required for the payment of taxes or ins~uaane premiums, as the case may be, arch euess ahali be credited on subsequent payments to be made by the Buyer for each its. If, however, inch montLty pa shall not be sufficient to pay ouch items when the same shall l>ecamt due and payable, the Bayer shall pay the Selby amount naxssary to make op the defxieaey. , (e) All paytneMs of acid items made by Seller may be is inch amamts as are shown by records, or by bills obtained by Seller, or on the basis of any other information teaived by SeLer, a ba due, payable, past duc, or deliagtttot on accotmt thereof. [f rrgaested by Seller, Buyer shall promptly obtain. approve and deliver to Seller all bills for said 8. Buyer covenants sad agrees to deposit with Seller at the execution and delivery of thin Agreetaeat as anamt W be determined by Seller to be required to meet the pay of taxes noel any praoiums for hasaird iasnranoe which it may be neaasary to pay prior to the aoaaetladon of a toad auPfici~ therefor ss prorlded herein. 9. AU payments of principal, interest and other itenoa requiredto be made by the hams of this ootrtrad, shall be made m the Agent C"ssLier at the office of the Department of Veterans Affairs designaoed is paragraph 4, to the osder of the Department of Yeteraas Affairs, ualeas the Buyer shall be notified is writing to make inch p~aymeats m another payee or piarx,aod only such PaY~-~ as aLsll be retxipted for by the said Agent Cashier, or othet payee after notice to the Buyer, shall 6e recognized by the Seller, and all other payments, if any, shall be made at the risk of tLe Bayer. 10. All moneys paid b Seller hereunder shall be deposited with the Treasurer of the United States who is hereby authorized to commingle the same with the general funds of the United States. No intoreat ahaA be payable on the ilmds received by Seller for anY P>~e Pursuant to say provision of this Agreement. --- 11. Buyer covenants not to commit, permit, or suffer any waste to the property, to keep the property is a good Mate, order and-'~~ repair. Buyer further covenants not to abandon acid property and not m use, Permit, or suffer the use of nay of the property for - aay illegal or immoral purpose, and agrcea to comply wtth all laws and ordinaooea which may in say mentor affect the property. 12. The Buyer is authorized sad permitted to make such repalca, alterations, and renovations to said property as desired and determined to be necessary at Buyer's own expense and withom say liability on the part of the Seller far acme, as are roved in advance by the Seller. Pailure of the Buyer to obtain'advance approval for repairs, alterations, sad reaova6oas, to said property, may at tLe option of the Seller; be co~idered a breach •of the teraos of thta agreeou,ot aui an act of default. Boyer tlrrihe; covenant and agrees to make P~Pt PaY~ for all labor anti materials in such behalf expende$ and ~t to anffer say mechaaiq' or materialmm's liras to attach to said property. Ali such repairs and aitsxations made by the Buyer shall inure to dre benefit of ffia property and the Seller in the event of a default in the terms of this Agreement by rho Buyer. Buyer also covenants and agrces to rwmplete sad pay for the following mpai:s of alterations within ( ) days after execnGon of this Agreement and that breach of this covenant will oomtitnte as sd of default. I3. No part of the property shall be used in the mannfadure, sale, or dtstribntim of intoxicating liquors. 14. In the event Buyer faits, neglects, or refuses to perform, in whole or is part, any of the covmams, agreements, or obligations herein provided upon the part of Buyer to be performed, Seller is hereby autlrotized and empowered witLoot entice and ~ the cost of Buyer, to perform or cave to be performed, any or all of said coveaaota, agreements and obligatios~, anti to expend such sums of awney as may be reasonable therefor, or for any orbs purpose which in Ox opLrian of Seller is reasonably necessary for the protection of Seller, Se[Iec'a lien, invgtment or property. Alt fact[ sums of ruoney ao expended by Seller, togetteer with interest thereon, at the rate aforesaid, from the several dates of expeadiirrre thereof until paid, stroll become ao much additional indebtedness under this Agretmeat and shall be repaid by Buyer In Seller, in lawful money of the United States of America, immediately and withortt demand, at the name plane or placers as other sums are payable hetarnder, micas Seller stall agree tbat such sours be otherwise repaid, in w6~h event ouch repayment chaff be made by Bayet to Seller at aadt times and in such roamer dss~elttr shall regaire. Any failure, neglect, or refusal by Buyer to repay each sums a herein provided ahaU coostidrte default heteunderr Any payments made under tLe terms of thin Agreer>~rt may, M the election of Seller, be applied first to the _ o~'aay sums Seller shall Lava expended in accordance with the terms hereof. '~~ ~' _ e- t_.. .i. ~~'..-i .4•- 1S. Buyer )teeby assigns, transfers, and sets over to Seller, up to the amount of the total indebtedness of Buyer to Seller ~ereuader, aB of Buyer's right, title, and interest in or to all awards and claims in connection wiUt condemnation of any of the property for public use, or for injury to any portion thereof, and the proe~eds of all such awards or claims, after payment therefrom of all reasonable expenses incurred, including fees for attorneys representing Seller in any such praxsding, shall 6e paid to Seller and Buyer's obligation hereunder shall thereby be reduced an equal amount extxpt to the extent Seiler elects to use the funds to improve the property in accordance with paragraph 16. Seller rs hereby authorized is the name of Buyer m execute and deliver valid acgaittaaces thereof and to appeal from or otherwise appropriately litigate any or all of such awards or claims, Seller shall be under no obligation heretutder to gall or convey all or any part of the property, or right or interest therein which is condemned. ib. All moneys received by Self under aqy policy or polices of insurance of any ooademaation award or otter award after payment therefrom of all reasonable ezpeases incurred in ooanection therewith, including fees for attorneys representing Seller, may at the option of Seller be used for the purpose of repairing, restoring, or improving the damaged structure upon the property, or may be credited on rite indebtedness in accordance with the provisions of this Agreement. 17. Bzecution gad acceptance of this Agreement by the Buyer constitutes delivery to and acceptance by Buyer of possession of the property herein described, and the buildings and improvements thereon erected, and acknowledgment by rho Buyer that the property, and the buildings gad improvements thereon eaected, have been iaapected gad examined, that buyer is satisfied with its gad their condition. and that the property and the buildings and improvome»ta tbercoa erected is such condition are being 6onght and accepted without any t~epreaeatation whatsoever by thle Seller, except as may be provided In paragraph 11 of Agtv:ement of Sale dated ' ' The Buyer arsumes responsibility for injury or death on or arising out of the property and also assumes the risk of loss or danutge to the buildings now situate, or hereafter conatnrcted, is or upon said property by fire, casttaity, oc other happening and shall indemnify and save the Seller harmless from all loss adsi~ from or by reason of these everts or accidents. 18. Time is of the essence of this Agreement and if default 6e made and ooatinue for a period of thirty (30) days in the pa t of any of the installments of principal, interest, or any other items hereinbefore stipulated, when the same become several hereunder, or in the payment of any other gum herein agreed b be paid by, Brayer, or if default be made is the performance by Buyer of any other agreement, coventant, or obligation of Buyer hereunder, then is either, or any of said events, the whole unpaid balance due under the terms o! this Agreement shall, at the option of Seller, immediately become due and payable and Seller may, at his/her option. (a) terminate by simple declaration of an election so to do with or without notice, all of Buyer's rights under this Agreement and all of Buyer's right, title, and interest in the properly; or (b) terminate all of Buyer's rights mtderbthisorAgcreeenf~ortceand all of Bayer s right, title, and ia0ar~t in the p pp to any rreopperli proceeding. 1e~1 or qu' e, () Buyer's obligations hereunder is any apprnpria0e prrtcxai~;n~g, legal or equpita6lo~Buyer agrees to PaY ~ costs and expenses. iachrding a reatsonable attm for attorney's fees inettrred by er in terminatmg Bayer's rights under this Agreemert or claims to the property or in enforcing arty or all of the teams of thin Agreement, and is apptrpriate jadidal proceedings, if any am initiabd to establish or maintain Shcex's right or title to, and possession of acid property after breach by Buyer, free of any title or claims of Buyer. 19. Upon Seller exercising the right of termination as provided herein, all rights, estate and interest hereby created and then existing in Buyer and in arty and all persona claiming under Buyer, shall wholly cease and determi~. Buyer shag theragroa quit ~ and surrender to Setter without demand, peaceful possession of said premises in as good condition as they now are, reasonable wear and tear alone exxpted la the event Buyer neglects or refuses to surrender such possession when obligated an ib do it shall 6e lawful for Seller to otter upon and take possession of such premises without notice and remove all persons and their Pr'oP~Y• _ , 20. The Provisions of paragr~th 19 std 20 of this Agreement shall also apply, ai rim opton of Seller, to (1) any violation or breach of any of the ooveatants, oondItiaa<s, or resOtictioas, iadit~ted in this Agreement or which gray be of record, and (2) to any violation of say laws or ordinances in say narrater affaxing said property. r 21. Seller agrees upon receipt of payments is accordance with the provisions hereof, of the entire principal gum with iatereat, to exeatte and deliver a special Watraaty Deed on VA Form 26.6436a comreyiug the title to said property to Buyer in sudt manner and form as Seller elects. Such deed may be delivered at such eulur time as Seller may elect. Said Deed will be on Sdter's form geed conveyance shall bo made ender and attbject to gay rettricxioos, reaervationa, gad exception of record gad also subject to all National and State laves, sbdutas, and regulations, then affectiing the transfer of real estate or of any right therein. In the event any part of acid principal gum shall not have been paid at the time of the exeartion sad delivery of the deed to said property. Buyer shall aimtdtanewtsly exewte and deliver to Seller a Mortgage Note in the just or priadpd sum remaining _ unpaid, rogether with interest thereon gut the rate provided in paragraph 4 hereof, payable in installments of the name amounts as stated in said Paragraph, sad a purrbsae mousy mortgage of said premiaea to segue the same. which mortgage shall be a first ---- lien on the Property; the Mort a Note ~ Mortgage shall bear the same date as said Deed; they shalt be on the forms of such -~ instruments then is use by theartment of Veterans Affairs or its successor in interest, modified and amended as to such-mss terms, conditions and detailed provratons ss are in corct]irx with this Agreement. - 22. Buyer represents and covenants that Seller's title is satisfactory to Buyer as of the date hereof. 23. Buyer shall pay for all Ong, tranaartian, transfer, oomnryance, and other taxes upon this Agreement and upon any deed, bond, mortgage, or other iastrumatt executed ender the terms and provisions of this Agreement, and for all revemte, documentary, or other stamps required to be atfixed"to any sudt iastrumetct and shall also pay the fees for recording the deed and the mortgage, cf any, when exeiatted, as well as all costs and expenses for such title searrh•as the•Buyer may elect to havemade. 24. The Buyer shall notify the Seller of an assignment of the Buyer's interest in this contract. Seller may at any time sell and convey the property subject to this Agreement and may assign this Agreement and say and all rights Lereuncler without the consent of the Buyer. . 25. Any notices from one party hereto to the other party shall be in writing and delivered in person or forwarded by certified mail. Notices shall be addressed to the property hereinabove described unless written of a different address shall have been previously delivered to Seller, in which event notice shall be seat to such address. Noticxs to Seller shall be addressed to the Loan Guaranty Officer, Depatlmeat of Veterans Affairs at the Office where this Agreement is ezecnted undl Buyer is notified is writing of a changed address. Thereafter any notice shall be sent to the last address of which Buyer shall have been notified. 26. Buyer hereby authorizes and empowers any at#otney of any court in the Commonwealth o! Pennsylvania or elsewhere to appear for them and each of than in aqy and all actions to be brought for any breach or defanli of the terms of this Agreement and hereby confesses judgmatt in fawr of the.Sellet for the whole amount of We principal sum and any interest remaining unpaid thereon, whether the same shall have been due or not, together with an attorney's commission or fee of five (59G) percent, with or without prior declaration made; waiving stay of exegcdon, inquisition, and all exemption laws. 27. And the said Breyer hereby, upon the breach of any of the conditions of this A~roement, authorizes any atbomey of any court of .Record to appear far them ,hero and eats an amicable action of ejectment sad confess a judgment of ectment therein for the premises b do amffiorize We immediate isadiag and execudion of a writ of habare farina pasmessionem arrth cl sad five (59b) percent attorney's commission or fee, without asking leave of court. ` . ^'.,~ 28. All moneys P~ Y~C; t~' of this Agreement shall be retained by Seller as compensation for the use and ~uP~Y of ~ ~ ' .,r o execution of this Agreement and not as liquidated damages to Seller for default or as a penalty. '" .~~' 1 'y•':T 29. Failure or dela)r of '' er to ~ t or to exercise say option hereunder available because of nay default shall not operate as a waver of , ~ to thereafter enforce such right or to exercise such option or any other right or option, for the same or for _ t. 30. Bayer expressly agrees that the righLS and remedies herein granted Seller is the event of default, to enforce the terms and oonditions of this Agreement, rho recovray of dauraga~for any breach, or possession of the above described property. may be exercisable as often as there is default on the part of Bayer anti shat! rot 6e eshaasted by one or more uses thereof, and that it shall not be necessary to file the origins! of this contact as a warrant of attorney if a true Dopy hereof shall be filed in any action. 31. The covenants, obligation, liabilities, terms and provisions herein contained shall be binding upon, and the benefits and advantages hereunder shall imtre to the Bayer jointly affi severally and to their and each of their respective help:, executors, administrators, and assigns. a~ to the auooeasors and assigns of the Seller. 32. This Agreement shall not be recordod in the office for-the recording of deeds or any other office or place of public record. If Buyer causes it to be recorded he/she wr71 be considered in detaalt with the right of Seiler to forthwith terminate this Agrcement and to enforce and exetcise Seller's rights hereunder because of such default. 33. Buyer uaderatanda and agrees that if this Irotallntent Agreematt is terminated by Buyer or Seller. any remaining amount of the rehabilitation loan in the hands of an escrow agent aha11 immediately be teNrned b Seller (Department of Veterans Affairs). 34. 'fits loan may be declared iasmediabely due a~ payable upon transfer of the property secwing such Loan to any transferee, unless the aoility of the aseava~On of the loan is establiabed tither parsuant to the provisions of section 3714 of chapter 37, title 38, United S'tme Code, or by the loan holder if the loan has been aoid without recourse. 35. A fee equal le one-half of 1 percent of the balance of Wis loan as of the date of tranafec shall be payable to the Department of Vetataas Affairs at the time of transfer. If the aastraser far7s ip pay this tee at the time of transfer, the fee shall constitute an additional debt to that already second by thin instrument anti shall bear interest at the rata hazem provided, ~. at the option of the payee of the indebtedoeas hereby seoortd or tranat'eree hereof, the toll indebtedaeas hall be iaomaeaiatdy tine and payable. This fee is automaticallX waived if the ~a»mer 3s exempt ttndrs the pmvisi~s of 38 U.S.C. 3729(b). The assumer is not obii~ated to pay this fee >f the Depamnwt of Veterans Affairs has aoid thts loan without recourse. 36. Upon on for approval in allow of this loan, a t Veterans A~ its anxeasots or assign detecmiaiag the creditaroofftlm a~sanmer t ~aubuy revising the ownership recotda when as approved transfer is Cotttplefsd.' The amount of this charge ahail nttt axtxed 5300. IN WITNESS WHHREOF, the Seller hoe corned this htatrunaent w be . sad sealed in his/her name as din his/her behalf by the rmdersig~sed employee, being ther+auroa duly appointed, gaalified and acting putauaat b title 38. United States Code, ax~i 212 and 1820, and title 38, Cade of Federal Regulatiooa. sections 36.4342 and 36.4520, pursuant thereon. as amended, and who is authorized to execute thin inatrttment, and the Bayer has hereunto set his/her individual hand sad seal on the day and year brat above written. 130TICB -THIS DOCUMBNP MAY NOT/DOBS NOT SELL, CONVHY, TRANSPHR, INCLUDE OR INSURB THH TI1'LB 1'O THH COAL AND RI(#IT OF SUPPORT UNDBRNBATH THH SURFACH LAND DffiCRIBBD OR REFERRED TO HI3RHiN, AND TIiB OVVNBR OP OWAlffiiS OR SUCH COAL MAY HAVB/HAVB THB COMPLHTE LHGAL RIGHT TO RHMOVH ALL OF SUCS COAL AND. IN THAT CONNBCTION, DAMAGE MAY RBSULT TO THH SURFACE OF THB LAND AND 'ANY HOUSE, BUILDIIQG OR OTHHR STRiJCfURB ON OR IN SUCH LAND. THH INCLUSION OF THIS NOTICE DOBS NOT BNLARGB, RBSTRICT OR MODIFY ANY LHGAL RIGHTS OR HSTATES OTHEItWISB GRHATHD, TRANSPBRR®, BXCHPTBD OR RHSBRVED BY THLS HVSfRUMBNT. (1Lis noticx is net forth = in the mm~ner provided in Section 1 of the Ad of July 17, 1957, P.L. 984, as amended, and is not intended as notice of __.! unrecorded instruments, if any.) ~, SBALED AND DELIVHRHD IN THI3 PRESENCE OF The , ~ of~Veterans Affairs BY ~ I~+LI fie; Loan Cuarant~Officer_-_ -_ ~~Yl Q~Q.O VA Regional Offrce or Regional Office do Insurance Center, Fhiladeiphia, PA. Telephone:215-842 2000 to a ~leSation of authority in 38 CFR and 36.4320.) °r~sB,AI., '' ~ .~ , ~ ~x _..._._._..~.... w--- ~...-~-~._.._.._.tsBAll `~ r ~. 1, ~~ EXHIBIT "B - to Motion" yYr~`~ ~~~rm~ Sestina I8Ze,'['ttte3A U.5.C. 1?I~xc~sxlvax~a THIS I1IIDENTUItE made this 27th day of Just, AD. 2002, between tlLe Secretary ad' Vetornns Affiurs, an t7ffiuac of the Unitod Starts of Amer, whaac address is Dopaatatmt of Ye~tans Atbirs, Wasld~oua, D.G. 20420, hq~dna~at called the Gtm<tnr and Denrtsche Back National 7Yuat Coo~ay, As Tiustoc For Vardoe Mort~e Trust2002-2, Wctleotct Reodv~sc, As Provided Ia A ~~B And Servicing Agieeta~t Dated Juac 1, 2002, a trust which i6 esta61is6~ed under flu laws of firs STAT'S OF CALIFORNIA, l~avit>g its principal place of business at do Cowotrywido Home Loaas,1800 Taps Canyon ltd., MSN SV 103, Sunni Valley, CA 93063 hcnda c:tZer1 Oraaruo: WITNL~33E'1'$ that the said Orautor(s) fbr and Iot oottsidecaeio~ of the EiBity ~ tluons~tad thrcc Anadred t-ud ninety sevtn dofh>rt aoYd b4/lA0 ---- (589397.64f DOY.LAR(b'I. ' the recdpt whereof was sdmowledge, hecebS+Swats,bargain.~, sells, aliens, eafeo$'a, rEleascay and co~tms lotto the said Ct~taa and Otautx'~ lrirs or stets and oss>~ .. rV ~ ., B~ • LEGAL DRIiCRl3''1'ION (SEE ATTACHED DOCUMENT) ° ~ a TAR IDt >l7 ~BSbS•238 ~ ~ c, =~ rn ~,~ 308 E MAIN 8T,11~AI~IC$BtlRli'r, PA 17055 ~ ~, a ~ ~ o ~ -- rn • ro x~r 'TOGETEEIt with alt sad sittEular rho iao~prav~ts,ways, stt~ts, alleys, Pia, ~~+. w`a~ rigirts, libmcties, psivs>oges, hta~ttua~nta, and ~ wtuasoever ~mtoo bolo~pag, ar ~n et~wise apperta~log, and tba nvaoeion sod t~,nders, ram, isatyes, std pora$b ib~oof, sad all the ea0a0n, right. th1e, inAetest, propoety, claims, and de~maad ~4ratiorver df the aald (3rtmra~, is hw, equity: or athararlse hawsomresr, o~ in. and to the same and ~1+ pad tlta+eof. . TO FIAV$ AND ;~Q HOId3 floe said lot or piece of gtrnnod shoos dttptibed wish the >lt~es and apps, imba the said t3rs~ee ttAd C,~ec's Ds~s or aucoesaors sad asaigW, ~an+uvcr. OtaQtnr coVpasah OD wmortuot and defptd au thta haran above dosoribod agdast all persons lawfully' eteimQng or to c~ahaa me same ar any parr hereof b3-, or undo c}ranoor. ~ _ aN Wl't"NESS'WHEI3PAF, oa ms say and yrax Hnr alsov~a vr;i~p ~ coaxed lids imnumeat m be __ slgaod azrd on Gr~or'a behalf by the o~ed, beats; tbetaoab du~jr a~olotod, tpaaliCiod and eedmg~~'-' purstra~ to Title 38, Ihetited States Code, Seatiana 212 acct 1820, eadTitle 38. Code of Federal Reguhhtiogs, Section 36:4342 and 36.45,2(?, pursuadt tlxa+ero, as anuaded, and who is atr~,4si~ed to euca~e this ~~ ru=278 ___.~ s2:nt.~aa A1VD DgLtVE~D M TK& PRF.Sri~ OR-- ~ w I't~ETIL OSORIO JACOB 'S STATE OF CALIPORN~A, } ~~ COUNTY OF 1~F~I~ITURA } ~~~rvA~ ~~ TRA CIiREINP.J(t ~} TittC A~sud Cheer Cou~ywldE $poua I.oaps as Aathoriaed 4l~oer8 for Vets Afftms Itegloaat Office or ]EL~ioaat Office 8t Insmrawas Cattier PA Tdep~cna f9D51 S77ti4266 t ~ ~ dala~n o~aattia~ in VA 38 ~.F.>t., 35,4342 and 36.4520,) t?a this S°i da4Y of NorreYabar, 2Q02~ hafOre mc, Dalia Yegx, Noptrp Pnblio~ personai~y appea~od TbtACY SCAR&INBR, pe:aottaily bows >n me to be <be pascn whoaa lmomp is sttb~Cn'beQ to the withtnt i~etintmetrt std a~clcaowledgcd ~ me that sba axet:~od t6c same in leer ta~c$y, end t~ by fur on Obc inatnmtent tba pgraon, a ~tY upon betmttof w~ the perm t~+d, coae+wmod tbo Wit. RtT11~FSS my 4giciat seat. y~ ~c-0utinra Nottay Pubiia - Good No.12902ti Comcais~oa 8xp~i+es: January 12, 2005 z hti~by ca'Sf~ fat the pKaee rest of the withfa~acd (3satnea ir. do Ca~vwi~ Home Loans. 2 8~ Two Caavm Rid-- MSN„~V 103 S~,i y 1~]~v r.A o'lAttia ~Priat, tYpnweftq +r~smgp aNtaias ataidt party lumedltaly be1a~ arc!<. Saud tas brm tv; Couauywida Hoa-e Loans„ AtCa: Mdrtr-CanaWt l7S7 Typos 2~ Msty svsa s!~! vm~y, ~ ~~3 ~x X54 X4279 005952112 ~v.rr,wais ' a. er - ~.x saC~t ~~a-3u ~ : its csr~ ~~r. sup ues~ ', ~+~ : QI~11~,iC1': 4I7; la1Y: MCggtlRiG HOROVpH; AS3899QR'S MA!' Pte: bIAP 0565 ' Y Ccriify ibis to be rc-oord in Cwnbe~rland C ~ ounty P ~ ~ r ~ i i -.. «. °~ ~ .yi, ~ y ~ M~ v '~ I•~ M M r- yy A$mmy ~ K ~~ M ~ W+ l is M~-~~ W v •+. ~` b0.01~ ~~ p~~. n ~ ~I~~ a y~' t~LAf p - p [ }~y ~ b p ~ pu 4 b+JO WOq~ 1Q~Y7V1p4 (may ___. .~ .v m •.n..... .. .•ow. t.o tlt7 VGI 11: tG RL•JJrJ f !rJ! 005952111 ter +.ram ~. ,.~ ~'~~~.r.r~,a+aetad tio~ w~~rw~.a.~r~t+ naps w~e~ a~~Aat-~ 'Oi ! sisf ikNt ~ ~ t~.11oS! • Leal DaterlpdOns Dlb"t~IC!•: 017; Cx'YY: I1~1?fJC9UJt0 ~UROiT(;~~; ASSES.40R5 MAP , Ri(.~: MAID OSQi CCI'tl~l tIlIS t0 }7C reCOrdcd In CwttbeY'l~nd County P~ t ~. '•L ~ {? ~ ~ 6M r 4~ b~~ ~~ y ~~~~ •p~w~ y t~ ~•-i ~. W a• ~ A. 4'~ r • ~ - ~ml maM ~- y ,p, pgy W ' M • ~ N~Y w 1 rF ~'. y Tj M r pp {~~ J~1 fC aay ~~Q ~ / - {~+i ~ p ~ ~b~f4~OV~fS Otf ~Q ~T04 ~ ~y •/ Ll ~ N EXHIBIT "C - to Motion" a , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 5215) 790-1010 'ti ~~~ ~C Attorneys for Plaintiff Deutsche Bank National Trust Company, as Cumberland County Trustee for Vendee Mortgage Trust 2002-2 Court of Common Pleas 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 v. Number ~'7 - J357 Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 n N a ~~ '~ / ~ ~ ~ ~,, :, -~ ~ r ~= c. ~ ~ i -o '`r C ~ ~ ,~~ ~ -; v rr? 1 '~ C ivil rrD CIVIL ACTION/EOUITABLE MORTGAGE FORECLOSURE AND EJECTMENT 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 courtyour 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. AVISO Le han demandado a usted en la Corte. Si usted quiere deferiderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notification. Hate 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 notification. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LLEVE ESTA DEMANDA A UN ABOGADO 1NMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTfA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-31 T~~~ COPY FROM RECCi~i.~ Testimony whereof, I here unto set my hsrw the s~eati of said Cnu zt Carlisle, boa ~rii ay .~ - - ~III~O~Mlbrl'Mt McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 l 800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 v. Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/EQUITABLE MORTGAGE FORECLOSURE AND EJECTMENT Preliminary Statement On August 30, 2001, the Secretary of Veteran Affairs, as seller, entered into an installment sale contract with Defendant Joy M. Shields, as buyer. A copy is attached as Exhibit "A." The installment sale agreement, by its terms, may not be recorded. On November 5, 2002, the Secretary of the Department of Veteran Affairs, an Officer of the United States of America, as grantor, conveyed title to the property subject to the installment sale agreement to Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2, a copy of which is of record, and attached as Exhibit "B." The sale of the property was, and is, subject to the instal lment sale agreement. Pursuant to the instal lment sale agreement, Defendant was given immediate possession. Additionally, the installment sale agreement contains finance terms, and refers to "this loan." Plaintiffconsiders the installment sale agreement consistent with an equitable mortgage, and therefore brings this action in mortgage foreclosure, and sometimes refers to Plaintiff as mortgagee, Defendant, as mortgagor, and the installment sale agreement as the "mortgage." Since title is in Plaintiff, a judicial sale is not applicable, however, Plaintiffseeks, inter alia, to foreclose any equity of redemption in mortgagor which she may have by reason of her interest in the installment sale agreement being deemed an equitable mortgage. COMPLAINT I . Plaintiff is Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Joy M. Shields, the mortgagor/buyer under the installment sale agreement pertaining to the property hereinafter described. Her last-known address is 308 East Main Street, Mechanicsburg, PA 17055. 3. On August 30, 2001, the mortgagor entered into a certain installment sale agreement with the Secretary of Veterans Affairs, an Officer ofthe United States of America which installment sale agreement, by its terms, prohibits its recording. 4. On November 5, 2002, by deed recorded on December 5, 2002 in Deed Book 254, Page 4278 in the public records of Cumberland County, the Secretary of Veterans Affairs transferred title to the property to Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2, Plaintiff herein. 5. The premises subject to the installment sale agreement, and which is titled in the name of Plaintiff, is more particularly described in Exhibit "C," and is commonly known as 308 East Main Street, Mechanicsburg, PA 17055. 6. The installment sale agreement is in defaultbecause monthly payments ofprincipal and interest due in accordance with the installment sale agreement due on OS/O1 /2007, and each month thereafter, are due and unpaid, and by the terms ofthe installment sale agreement, upon default in such payments for a period ofone month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the installment sale agreement: Principal Balance $ 83,973.65 Interest through 08/21/2007 $ 2,335.19 (Plus $ 16.33 per diem thereafter) Attorney's Fee $ 4,198.69 Late Charges $ 134.92 Escrow Advances $ 431.06 Title Search $ 200.00 GRAND TOTAL $ 91,273.51 8. The attorney's fees set forth above are inconformity with the installment sale agreement and Pennsylvania Law. Ifthe installment sale agreement is reinstated prior to judgment, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice ofDelinquency has bccn scut to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands: (i) in rem judgment against the Defendant in the sum of $91,273.51, together with interest at the rate of$16.33 per diem and other costs and charges collectible under the installment sale agreement subject, nevertheless, to the Deficiency Judgment Act; (ii) termination of the Defendant's interests under the installment sale agreement; and (iii) judgment in ejectment. McCABE, WEISBER/~G AND CO WAY, P.C. BY: -J l Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/sh~ is the Attorney for the Plaintiff in the within action, and that he/s~4e is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/F~r knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRF. MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ^ '1t ,t-'~ + t ORb12(J-6336e (Cg) ~ ,_ ~ 'ESPY 1998 •.,. lala6-osls4ss lala~-ool~$ss INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE -PENNSYLVANIA THIS LOAN MAY NOT BE ASSUMF~ WITHOUT THE PRIOR APPROVAL OF THE DEPARTIVIENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, SUCCESSORS OR ASSIGNS. 1. THIS ACIRBBMENT, made the 30th day of August 2001 , by and between the Secretary of Veterans Affairs, an officer of the United States of America, whose address is DePartmeAt of Veterans Affairs, Washington, D C 20420, (of the first part) hereinafter called 'Seiler", and his/her successors in sack office, at such, and ro M. sIl>ELDs (party of the second part) hereinafter called "Buyer'. 2. WITNfiSSE1T1, That it is mutually agreed as follows: The Seller hereby agrees to sell to the Buyer, and the Bnyet hereby agrees to pnrrhase from the Seller, all that real property situated in The Borough of Mechanicsburg county of ands mo l tally described as follows: ~ Commonwealth of Peattsylvasia, heroin rofernd bo as "the property' TAX PARCEL 17-33-0565-238 ~- -------• -----------1 ceuM,yviM Nan Lo,nr 308 S Maio Street ~ ~~~ ~~~' Mechanicsburg, PA 17055 - 610 0000,59521 IC 001 001. 3. This Agreement is made snbJea to: (1) Bxisting leases and to rights, if any, of persons in possesaion,if any. (2) The gesneral taxes and apeciN assessments which the Buyer hereinafter emvenams to pay. (3) Building line and building and liquor restritxioas of record. (4) Zoning and building laws or ordinances. (s) Party wall rights of agreements. (6) Roads and high s. (7) Covenants, oonti ti ions, exceptions, reservations, resdriaron4, or easements of record. (8) Rights of aB ~arues claiming by. through, or nsder the Bttyer. (9) Any state of facts which an accurate anrvesy would show. (10) A11 unpaid water and sewage-disposal charges for aervIces rendered after the dabs of delivery of this Agreement. (i 1) All contracts or agreements, recorded or unrecorded, for fiunishing gas, electricity, weber, or sewage-disposal service. (12) The constitution bylaws, rules, regulations, reabritxiona, charges, ett aasesameats of any civic improvement or other association, corporation,or diaMct, which afParx the property. (13) Coal Notice under the Bitaminona Mine Subsidence and I.and Consmatfon Act of 1966 attached. The Bttyer shall ittdamnify and save harmless the Seller from all loss sad liability that arise by reason of any and all obligations and liabilities existing or arising out of any of the foregoing matters. 4. Buyer shall pay W Seller for the property the sum of (S 91000.00 ) in lawfitl money of the United States of America at the (~o~i l?ffice) (Center), Veterans Affairs, an agency of the United Statcs,or at such other place widfia the United States as the Seller orer's Agent. may from time to time designate in writing, at the times, in the amounts. and in the manner following: ($ 1000.00 ) in cash prior to or upon the execution and delivery of this Agreement; and the balance of ($ 90000.00 )heroin referred to as "principal sum" or as "principal" with Interest thereon at the rate of SBVBN Pint C 7.00 )~'• per annum, from-the data of August 30 .2001, which said principal and interest on the unpaid portion thereof shall be payable in equal monthly installmmts as follows: ($ 598.7? ) on the first day of October , 2001 , and a like sum on the fast day of each and every month thereafter for 359 consecutive, additions! rriontha, until said priaci~al and Inbexest shall have teem fully paid. Unless sooner paid, the unpaid balance of P~P~ Phu the,aextned and unpaid Inteaest shag be due and payable on the Bust day of ~ 2031 Of the total purchase puce paid for the said described property, the amount of $ 1, 000.00 is a rehabilitation loan granted pursuant to Public Law 10x198. to be disbursed uttdar a separate Escrow Agreement which rehabilitation loan bears the same rate of interest as the balance of the antotmt roasaining and to be paid for the BxtRpt as hereinafter otherwias provided, each Payment made hereunder shall be credited fast on the interest then due as herein provided sad the remainder shall be credited upon unpaid principal. Additional paytnarts of principal in aqq amomtt rot leas than the ataonnt of the monthly installments above provided or One Hundred Dollars ($100), whichever is less, may be made at any time and shall ba credited on the unpaid principal sum in such manner as the Buyer may elect, of in the absence of such election, as Seller may elect. s. Alt real estate taxes, water tertta, sews chargav, assessments, and outer charges Payable in years attbsegttent to the year . 2001 or Ievied a@er the date of excattlon of this Agreeateat. or for lmpmvemeota which are nd then completed upon the Property. are and shall be the obligation of the Buyer, and enyer coveastxs to gay the same In the taarmer provided in paragraph saves hereof. Water/sewer and special assessments to be paid directly by buyer. ~ ~V~L_ ~ ~It11r/' 6. Buyer shall obtain and continuously maintain hazard insurance of stxh type or types and amounts as the Seller may time to time notify Bnya to obtain on the improvematts now or hereafter made on said and wr71 pay any prearhrms~therefor promptly whey due. All insurance shall be carried in companies approved by Sel~policies and renewal thereof shall be I held by Seller and have attached thereto loss payable louses is favor of Seller as Setaegry of Veteratu Aflbirs in acceptable torn. In the event of loss, Bayer will give immediate notice by mail ro Seller and Sella may, b~ is not wider duty to make proof of loss, if such proof is not made ~rataq-tiy by Buyer. All insurance carrlera are hereby wthorized and direetcd to make payments for such loss dlrectiy ro Seller Instead of to Buyer and Sella jointly. The proceeds Sum the payment of ouch toss or I ~p ~ thereof may be applied by Seller either to reduction of the indebtedness or ro the resrotation and repair of the property erg 7, Together with and in addition ro the monthly payments of principal and interest payable under tbe terms hereof, Buyer will pay the Seller on the first day of each month until the terms of this contract have been fatly complied with, the following sums: (a) Such amount or amounts as may be necessary to equal all or any of the premiums which next become due and payable on the policy or policies of fire and other hazard inwrance covering the property, Pius taxes, neat doe on the property (all as estimated by Sena, and of which Buyer is notified) teas all wens already paid themefor divided by the number of months ro elapse before one month prior ro the date when audt premiums. tar;ea wUl become delinquaot. wc>i wens to be held by Sella in Trust (irrevocable until aB of Buyer's obligations ands this Agreement are diac>rarged) ro pay said premmms, taxes. (b) The installment for principal and interest stated in 4aragraph 4 which sum plus the amouuts payable pursttartt to wbpusgraph (a) of this paragraph shall be paid .in a smgte payment each month. Bxcept as otherwise provided in I paragraph 14, such payment shall be appUed to the items and in the order abated below: I. Taxes, fire and other hazard insurance premium; I II. Interest on the tm}raid portion of the principal; and UT. Unpaid principal. (c) AAY ~Y ~-enY such Payment shall, unless made good prior to rho due date of the neat Payment. constitute an event of default hereunder. The Seller may collect a 'late charge' not Oo exceed ea amount equal ro four (496) Per centum of the installment which i$ not paid within fifteen (15) days from the due date thereof, to cover the pure expense involved in handling delinquent payments. (d) If the total of the paym~s made by Buyer under subparagraph (a) of this paragraph ahaU at any time in the opinion of Seller exceed We amotmt tegiiired for the payment of texas or insurance premimas, as rho cane may be, such excess shall be credited ~ subsequent payments to be made by the Buyer for such items. IP, however, snq- monthly is shall not be sufficient ro pay wch items when the same shall become due and payable, the Buyer shall pay the ~ y aarount necessary to make uP the deficiency. (e) All Payments of said items made by Seller may be in such amounts as are shown by records, err by bills obtained by Seller, or on rho basis of any other information received by Sella, or be due. pa e, Past due, or delinquent on acxotmt thereof. If requested by Sella, Buyer shall promptly obtain. approve fiver to Seller ell bills for said items. 8. Buyer covenants and agrees to deposit with Seller at the execution and delivery of this Agreement an amoum ro be determined by Seller ro be regoirtd to meet the ppaayymmeenn of taxes and any paratmittms fee hazard Inwrance which it may be aeceasary to P8Y prior ro the acenmulation of a fbnd snflidern~therefor as provided herein. 9. AU payments of principal, intpcost and other items required to be made by the leaner of this comratx, shall be made to the Agent faahier at the of5ce of the DepaRment of Veterans Affairs designated in paragraph 4, to the order of the Dgrattment of Veterans Affairs, nnlesa Ure Bayer shall be notified in writing to make each payments to another payee or placa,and only such payments as shall be receiped for by the said Agent Cashkr, or other payee after notice to the Buyer, shall be recognized by the Seller, and all other payments, if any, shall be made at the risk of the Bayer. 10. All moneys paid to Sella hereunder shill be deposited with the Treawrer of the United Stapes who is hereby authorized ro commingle the same whit the general funds of the United Stater. No interest shall be payable on the lands received by Seller for any purpose pursuant to any provision of this Agreement. 11. Buyer covenants not ro commit, permit, or suffer any waste ro the property, to keep the property in a good xa<e, order and repair. Buyer further covenans not to abandon said property and not to use, Permit, or strtfer the sae of any of the property for any illegal or immoral purpose, and agrees to comply with all laws and ordi which may in any manna affect the property. 12. The Buyer is authorized sad permitted to make such repairs, alterations, and renovations to said property as desired and determined to be necessary at Bayer's own expense and witbout any liability on the put of the Seger fns same, as are approved in advance by the Sella. Failure of the Buyer to obtain'advance approval for repairs, alterations, uui renovattom, to said rropesty. may at the option of the Sella; be considered a breach of the terms of thta agreement and en _ act oY defaatl(. Buyer thither covenams and agrees to make Prompt Payment for all labor a~ materials in such bohalf prpenda~ and not ro auffex any madtaaics' or materialmen's liens ro attach to said property. AU such repairs and aitaatlons made by the Buyer shall inure to the benefit of the property and rho Sella in the event of a default in We termer of this Agreement by the Buyer. Bayer also covenants and agrees ro complete and pay for the following repairs of alterations within ( ) days after execution of this Agreement and that breach of thin covenant will oonstitnte an act of def9»]t. t3. No part of the property shalt be used in the mannfactttre, sate, or dislrIfwdon of intoxicating liquors. 14. In the event Buyer fails, neglects, or retLsea to perform, in whole or in part, any of the covenants, agreements, or obligations herein provided neon the put of Boyer to be performed, Seller is hereby arxirorizcd end empowered without aotke and at the cost of Buyer, to perform or cause to be performed, eery or all of said covenants, agreo~ts and obligations, and m expend such sums of money as may be reasonable thmefor, or !or any other purpose which in dre oplniasr of Solis is reasonably ncaasuy for the proeection of Seiler, SeiTer's Iiw, investment or property. AU suds sums of money ao expended by Sella, together with interest thereon, at the rite aforesaid, from the several dates of axpendihrre thereof u~ paid, ahaU beoo®a ao ~ additional indebtedness under this Agreement and shall be repaid by Buyer ro Sella, is lawful money of the Unked States of America, immediately and without demand, at the same place or places as other sums are payable hezeunda, unless Sella shall agree that each soma be otharrviae repaid, in which event such repayment shall be made by Bayer in Sella ~ sIICh times a~ is >a>ch manner ~sSelltr ahafl rogarre. Arty faritue, neglect, or refusal by Buys ro repay arch stuns sa herein provided ahaU constidrte defiult v ~Y Payments made under the terms of thin Agreemdrt may. at the election of Sella. 6a applied first to the o arty wens Sella shall have expended in accordance with the terms hereof. '~11~ ~' "~~` .~. ~_..: f j yr(^dt l~ .r .l.~- ' 15. Buyer hereby assi¢ns, traosffers, and sets over ro Seller. up to the aiaotmt of the total indebtedtavs of Buyer ro Seller ~tentider, a!1 of Bayer s right, title, and interest in or ro all awards and claims in oosmection with condemnation of any of the ~ propertq for public use. or fbr injury ro any portion thereof, and the p~mceeds of all ancti awards or claims, after payment ShetetYom of all reasonable expenses 3namted, including fees for attorneys representing Seller in ~y such proceeding, shall 6e paid to Seller and Buyer's obligation hereunder shall thereby be reduced an amount except to the extent Seller elects ro use the fuadi to improve rho property in accordance with paragraph 16. Seller ~ atithorizcd in the name of Bayer ro execute and ddiver valid acquittances thereof and m appeal from or otherwise appropriately litigate any or all of such awards or claims. ~ Seller shall be Hader no obligation hereandet to sell or convey all or any part of the property, or right or interest therein which is coadem>ied. 16. AiS moneys received by Seiler under aqy policy or policies of insurance of aqy oondmmation award or other award after Payment therofrom of all reasonable expenses incurred in oonnetxion thetavrith, including fees for attorneys representing Seller, may at the option of Seller be used for lira purpose of repairing, restoring, or improving the damaged strocnue upon the Property, or may ba credited a~n the indebtedness in accordance with the provisions of this Agrcenient. 17. Bxewtion and acceptrmoe of this Agreement by the Buyer conatitates delivery to and arxgitaaux by Buyer of posaesaion of the property herein described, and the buildings and improvements thereon erected, attd acknowledgment by the Buyer that the ProP~Y. ~ ~ buslditiSaerand improvements thereon erected. have bees inspected and examined, that buyer is satisfied with its and their condition, and th the property and the buildings and improvements thereon erected in such eonditlon are being bought and accepted without any rep;esentadon Svhataoeve~r by ihp Seller, wtapt s, may be provided in paragraph 11 of Agreement of Sale dated ' ' The Buyer assumes responsibility for injury or death on or seising oat of the property and also assumes the risk of loss or damage to the buildings now situate, or hereafter constructed, in or upon said property by fire. casualty, oc older happenaig and shall indemnify and save the Seller harmless from all loss arisi~ from or by reason of these events or incidents. Ig. Time is of the essence of this Agreement and if default be made and continue for a period of thirty (30) days is tine t of any of the instalhneats of pc'sacipal, interest, or arq+ other items hereinbefare stipulated, when the same 6eeorae several hereunder, or in Uie payment of nary other sum herein agreed ro be paid bx Bayer, or if default be made in the performance by Buyer of arty other agreement, covdreat, or obligation of Buyer hereunder, then in either, or any of said events, the whole uunnppaid balance tine under the terms of this Agreement shall, at the option of Seller, immediately become due and payable and Seller may, at his/her option, (a) terminate by si~Ie declaration of an election so ro do with or without notice, ail of Bayer's rights under this Agreement and all of Buyer's right, title, and interest in the property; or (b) terminate aB of Bayer's rights until r bthisorAgt~eement ads ~Buyu's right, title, and interest is the p many appropriate proceeding, legal or qa e, () gallons hereunder in any appropriate prckxa~ legal or eqm Ie. Buyer agrees ro pay all costs and expenses, ineladiag a reasonable aura for attoniey's fees inaitred by er its tetminatmg Bayer's rights nodet thin Agreement or claims to the property or in enforcing arty or all of the terms of this Agreaonent, and in appropriate judicial proceedings, if any are initiated to establish or maintain Seller's tight or title to, and possession of said property aflrs breech by Buyer, free of arty title or claims of Btryor. 19. Upon Seller oxarcisiag the right of termination as provided herein, all rights, estate and interest hereby created attd linen existing in Bayer and in nay and all perms ctaimiag under Bayer, shall wholly cxase and determine. Bayer shall theraipo>i t sad surre~er ro Seger wIthoot demand, peaceful possession of said promises in as good oomditioa as limy zboav are, reasonable wear and tear alone excepted. Ia the event Bayer neglects or nhtses ro surrender sash posaoasion when obligated ao ro do it shall be lawfitl for Seller ro eater ~ and take possession of such premises without notice sad remove all paraoms and their prop . . 20. The Provisions of paragraph 19 and 20 of this Agreement shall also apply, at the option of Seller, ro (1) any violation or breach of any of the oovenenb, conditions, or restrictions, indicated in this Agreement or which may be of record, and (2) ro any violation of any laws or ordmanoes in aqy manner atyectiag said property. 21. Seller agrees npou receipt of payments in accordance with the provisions hereof, of the entire principal sum with interest, to exeaue and deliver a special Waur+oty Deed oa VA Form 26-6436a oomaying rho title to said property to Bayer in such manner and form as Sailer elects. Such aced may be delivered at each earlier Time as Seller rosy alert. Said Deed will be on Baler's form sad cxnveyaaca shall be taa~ under and subject to a~ restrictions. reaervatioffi, sad exceptfo~n of nrord sad also subject ro aB National and State laws, atatntes, and regulations, then affecti~ug the transfer of real estate or of any right therein. In ttte event any of saw priadpal sum shall not have been paid at the time of the execnti~ and delivery of the decd to :aM property. shall airmnltanaoosly execaite and deliver to Salter a Mortgage Note in the jwt or principal sma remaining unpaid, rogether with ititerr?st thdoasi at the rata provided in paragraph 4 het+eof, papable in i of the aaaae amts as stated in said paragraph, and a pnrchsae moray mortgage of said pramraea ro setaire the acme, which mortgage shall be a first lien oa the property; the Mortgage Note and Mortgage shall bear the same date as said Dead; they shall be on the forma of such instrutneitts than in use by the Department of Veterans Affairs or ifs successor in interest, modified and ceded as to such terms, conditions and ddallal provisions as are in conflict with this Agreement. 22. Buyer represents and covenants that Seller's title is satisfactory to Buyer as of the date hereof. 23. Bayer stall pay for all tecasding, transaction, transfer, conveyance, and other taxes upon this Agreement and apes nay deed, bond, modgage, or other instrument executed Hader the terms and provisions of thin Agreement, and far all revemte, documentary, or other stamps required ro ba affixed"ro any such instrument and shall also pay the &ea for recordwg tht: deed and rite mortgage, if any, when exaaited, as well as all costa and expanses for such title searclras tha~Buyer may elect ro havomade. 24. The Buyer shall notify rho Seller of an assignment of the Buyer's interest in this contract. Seller may at any time sell and convey the Property subject to this Agreement and may assign this Agreement and a~ and all lights heteundtx without the con.~emt of the Buyer. 25. Any notices from o>repatt hereto ro the other patty shall be is writing sad delivered is or forwarded by certified mail. Notices shall be adr>reasod to the property hereinabove described tmlesa written of a~n t addcPSS shall Lave been previowly delivered to Seller, in which event notice shall be sent ro each address. Notices ro Boller stall be addressed ro the Loan Gttazanty t)ffieea, Departitieat oP Veterans Affairs at the Office wLere thin Agremnent is execu~d until fa nodfled in writing of a changed address. Thereafter any notice shall be sent to the last address of which Buyer shall have boa notified. 26. Buyer hereby au[hotizea and empowers any st~omey of any court in the t,,ommonwealth of Pennslrivania or elaawbere to appear for them a~ each of them in airy and all actions to be brought far any breach or default of the terms of this Agreement sad hereby coafeasaa judgment in favor of the.Seller for the whola amount of the principal stmt and any interest renrainiog unpaid thereon, whether the sates shag Lava bey due or not, togaffier wiUn an attorney's won or fee of five (59G) perosrit, with or wItfiout prior declaration made; waiving stay of exccattion, inquisition, and all laws. 27. Aad the said Bayer hereby, upon the breach of nay of the conditiotoa of this anthorixes any attotttey of aqy court of •Recotd ro appear for them hem and eater as amicable action of a ectmprt'aad confess a judgment of ejectment therein for the ~rrm~s h~ ~ do aDthoriu the immediate iasainY and euewtion of a writ of habere fades poasessior-em anth d and five (596) percent attocaey's commission or fen, without asking leave of court. ~,,. ~~ . 28. All moneys paid ye~~ of this Agreement shall be retained by Seller as compensation for the use and occctpat-cy of the ;' execution of this Agreement and not as liquidated damages ro Seller for defaolt or as a penalty, v ~` ~.~., ~`1T'"y 29. Failure or delay of r ro ~ y or ro exereise any option hereunder available because of any default shall not operate as a waver of ~ ro thereafter enforce such right or ro exercise each optI~ or any other right or option. for the soma ac for adyra ]t. 30. Bayer expressly agrees that the rights and remedies herein granted Seller in the event of default, ro enforce the terms and oonditiona of thin Agreement, rhea recovery of dauutges fur any breach. or posseasiom of the above described property, may be exercisable as often as there is default asi the part of Bayer and shall not be exhausted by one or more uses thereof, and that it shall not be necessary ro file the original of this casttract as a warnmt of attorney if a true copy hereof shall be filed in any action. 31. The covenants, obligation, liabilities, terms and pmviaions herein contained shag be binding upon, and the benefits and advantages heretmder shall imue ro the Bayer jointly and severally and ro their and each of their respective hei;s, executors, admiaiatrators, and assigns, and to the aaccessors and asaigna of the Seller. 32. This Agreement shall not be recorded in the office for the rabrtiing of deeds or any other office or place of public record. If Buyer ceases it ro be reoordod he/she vn7l be wnsideted in dcfaalt with the right of Seller to forthwith terminate Wis Agreement and ro enforce and exercise Seller's rights hereunder because of such default. 33. Buyer ttnderatanda and agrees that if Chia Installment AgteenAatt is terminated by Buyer ar Seller, any remaining amount of the rehabilitation loan in the hands of an escrow agent shall immediately be returned ro Seller (Department of Veterans Affairs). 34. This loan tuay be declared immediately due and payable upon transfer of the property securing such Ioan to any transferee, unless the aocx~tabitity of the ass~ptioa of the loan is edablisbed either pntsuattt ro the provisions of section 3714 of chapter 37, title 38, Unreel State Cade, or by the loan holder if the loan has been sold without recoarae. 35. A fee ee~~taa11 ro one-half of 1 percent of the balance of Win loan as of the date of transfer shall be payable ro the Department of Vetetaoa Affairs at fire time of transfer. If the asstmier fails ro pay this fee at the time of transfer, We fee shall camatilute an additional debt to that a{ready secured by this inatnunent and shall bear interest at the ode homin provided, and, at the option of the payee of the indebtedness herby secured or asyy trsmafereo hereof. the full indabtedaeas haA be ~omnexBately due and payable. This fee is aurortmticali~ watered if the tusumer is exempt under We pmvisions of 38 U.S.C. 3729(b). The assumer is not obligated ro pay thts fee rf the Department of Veterans Affairs teen sold this loan without recoarae. 36. Upon ~ication for appmval ro allow assumption of this loan, a processing fee may be chmged by the Department of Veteraru A or its suocxasors or assigns for ctetermtniag We creditworthiness of the assntrar and subsequently revising the ownership ra:otda when as approved transfer is oampleted.' The atnaunt of this clttucge shall not exceed 5300. IN WITNESS WHBRBOF, the Seller has cattaed this irtsttunsent to be signed and sealed in his/her name an din his/her behalf by the undersigned employee, being thereinto duly appointed, quali$ed and acting pursuant ro title 38, United States Code, aectiom 212 and 1820, sad title 38, Code of Federal Regniationa. sections 36.4342 and 36.4320, pursuant thereon. as amended, and who is authorized ro exearte thin instrument, and the Boyar has heaetutto set his/her individoaf hand and seal on the day and year &at abovewritten. NOTICE -THIS DOCUMENT MAY NOTIDOBS NOT SBLL, CONVBY, TRANSFER, INCLUDH OR INSURE THH TITLH TO TH$ COAL AND RIGHT OF SUPPORT UNDHRNBATH THH SURFACE LAND DESCRIBED OR RHPBRRHD TO HHRHIN, AND TIHI OWNHR OP OWNERS OR SUCH COAL MAY HAVH/HAVH TAB COMPLETE LBCiAL RIGHT TO RHMOVH ALL OF SUCH COAL AND, IN THAT t:ONNHCTION, DAMAGB MAY RBSULT TO THB SURFACB OF THB LAND AND 'ANY HOUSB, BUILDING OR OTHBR STRUCTURB ON OR IN SUCH LAND. THH INCLUSION OF THIS NOTICE DOGS NOT ENIARGB, RBSTRICT OR MODIFY ANY LEGAL RIGHTS OR BSTATBS OTHHRWISE CREATED. TRANSFERRED, BXCBPTI3D OR RESERVED BY THiS INSTRUMBNT. (This txiticx is net forth in the matmoar pmvldod in Sodion 1 of We Act of Jaly 17, 1957, P.L. 984, as amended, and is not intended as notice of unrecorded iathvments, if any.) SEALED AND DBLIVBRBD IN THB PRBSBNCB OF ~.i.,(~l,(~,Yl Q~(2~ The of Veterans Affairs By [SEAL] Title: Loan Gnaraaty Officxr .._.. VA Regla~l OtYke ~ Regional OP6ce & Inauraace Center, Philadelphia. PA. Telephone:213-842 2000 ro a oa of suWority is 38 CFR and 36. .) 1~...~C~ v ~ ~~~r.SBAI L'~. ~[` ;`t , r •; ^~..L` • „ °; ~. yYa~y~ v~ ~~ x~~ seetioa sue, mesa usG pSMvSYI,V.ANIA TINS IIVD~114JRS mach this 27t1c day of Lunt, A.D. 2002, between the Saac+ehtry of Vetereas Affairs, an 015cez of the Unitod Starts of Aunedca, whose Lddtema is )3epartm~ of Ye~tans AtfxiCS, Wagon, D.G. 20420, l~reiaathx called ibe (tractor and Dacha Benlc NatWaal 'llsga Company, As Trusoec For Vendee Moatga8a Mast2002-2, Witl~ottt i~aaaa~ts~ Bzoept As Pmvlded to A Poo]ing Ami Sa~rv~ng AgrcGme~t Dated Jaac 1, 2002, a txust wMch ~ estnblisbad ender ffic Iaa-3 of tLe STAT'l; OF t,.~lldFORN1fA, havio~g its pciacipai please ofbasiness at c/o Comatrywide Home Loans,1$00 repo Csayaa 3rd., MsN SV 103, Simi Yauey, CA 93063 hcrcin callcd Gradtoo: pVI;T7~tE33l~TS that the said Qnmtor{s) ~r and bt considecffiiozi of rice F.i~ltty ~ tf-oms~ad three Anndred Fund ninny sevtt do~ra suad d4/1t10 ---- (589397.64} DOY,I.A,R(~. tba reuipt wb~eteof was acknawled8e, busby 8~ta, . ~~ clients, eafeol~, releasca, and cc~zms tm~o the sand t,tsmbae and C}raatea's ~ or suc~;essms a~ assigns, .. :v .. Bi~'aG t~ - LEGrAI. D>8$CRIP'I'ION (SEB AT?AC~D DOCUMENT) ° ~ `; TAR IDr 37 Z3~OS6S•Z3B ~ ~ :-; ~ ~ a a 308 EMAR~T S1' M~IAMIC$8UR0 PA 17455 ° ~' ~ ~ o~N rn TOGETHER with a1! sad sit~cclar tho unP~'~s- ways,sheets, afleyeys, pae:ttgra, wetacs, %ac~ agt~, libmties. Anti, b~tammra, and wIca4oevar theramttoe balo~in~g, oz is eo~wige appert~ala~ a~ tba rtvdosiom end ~ made, issues, and pmflie theseet; and aYl the estttta, sight, title, ply, olaiapa, asld damood whatsorvcr txf tirc said (isemoor, in hw,equity,~or atlzeca-iae hororsxver, o~ ia. and b the aa~me and evdt~y pact thetjoof. TO I~AVB AND x0 ROLD the sand lot ar place of gmtmd abova despdbed with the eta and '~~ ~ ~e said f3raptee Md (irantec's he9rs or attooesaosa and agaigga, fottver. Cit'attEoc GWp4eat8 m Watx"tuos sad defend all that bens shove 'ie1 a~gipst e11 persons lawfully claiming or to claim the same or say part tberaofby, or ~ tom, nv Wi7rxESS'~R1rOF, Cunnoarott dta day add year &st abdv~a va Iran caused this iasonnm~oa# to be signed and oa Garentor'a behaNby the mulerai~ecl, belts dn~jr ~ ~{~od and ectiog p~rmoot to Title 38, United Stabos Coda, Soeticros 212 at-d 1820, edd'Tit1o 38, Code of Federal Regtd~tiow9, ~~ 34342 and 36.4524, p~atAt , as , and wbo i6 atttltori~ted m execarda this inettos~ ~~ P.~"'~ .. _.. - - ---.. _._.. _._ ~~~ s~ ~ I ~ ~ s~-t.~ Atom Q~ M't'~ ~oR- ~~~~~~ ~~ NETTS OSOTt10 JACOB S STATE QF CALlt?ORNtA, } } 3B G~l)UN't'Y OF V~1'I'URA } 'I7~e Sentilsty o[ Vekan-as A11~6is Yittc: A Ol~cer Couatrywitk ~ooonv Lomas as ~d OfFmers fioar Vettxa~s A$Wus Tiegta~l ~ or 1L~ioaat D~iee ~t Iasmra~os Caere PA 'Fete~ona ~U5157%4166 (Puc~ttsQt w s dala~oai aE autbotily is VA Rtgisadticm~s. 38 C.R.R., 35.4342 and 36.4320.) Oa t6ie S"` dear of Norre~att~ec, 2QQx,1la~ore m~ Dalia Yegti Noptr~ Publ~o, pity spRCerod TEtAC'Y ~~, pac~sUy bwaa to me to be too pccaan vulvae 118A10 is sab~'bed to ~C writt~u ;bpeamm~ant and mod ~ ~ that s6o auxptoc[ the same iah~ au~ori~pd ca~cy, a~ad tlmt hY lur on Qu tnatrunaeat Qaa pennon, a eathy upon betmlf of wl~ the pexaoa scded, e~aearoed tho Wit. R~t11~6S my affia~a1 seat. ~ t~cT vemua ~,,,yC°+~'"~° I10tary PabSla - ~ N0.129p2R1 C.amcuiasioa t3xpli~es: Jar-u~r 12, TA05 i b-~reby ce~'y that t!~ preease rem of the withfa-named i~raatee is: clo Cne~rv~v~IgHt~m4 L~~ 2800 C-~vau Rd.. MS~i V 1~3 ~ifi; yAtt~,. r,,L 9an~a "zriet. trpa+re~, ~smgp aaan~ a[gidl i~ tumsdiltph- tldaw ardt Ware. 3wd ht him fqt Couatiywida stns I~oaas, Atbx Aadtea 1757 T1~po Cegyon )~ M8N SK34 Simi VAttiey, C,A 93063 pox X54 rwt 045952i1i i~ararwa~e ' +~ , d: . ~..a..ie,~~~orm~~molearoe~t~ ~ ~a+. ~~~ Ica : ~ ~..~ xe~t..~rt~, ~t uaw , Lanai : OJf TR[CT: dI9; CITY: l[(~HC1~K} HOItOUflH; A5S83H~t5 MAP ~: b~F OS65 ' 7 Ccrtify this to be . rccordc:~ to ~wnbezland C auniy P~ -;= ~- r ~.~.~~2;'•1~~r ~• ' 1 QiFi1i ~e~~ ~~~ '~ ~ 1 ~j _ wT ~~y c`~4 O'}}}~~~ ~ Ms w~ • N1, -+s it ~~• ~ ~ ~! a i ~ ys V Y~ M• y S T v r~qr _ _ f~~ ~~ ~ ' O ~°n tM ZY w ~.~awf~rs .r...~~~i ~ A ___. . ~ . ~ m •. u u..... .. 4 Y• L O l 3 l 7 V O I I 12 1 C IIL•JJ~J f• 1!! Oa5952111~ tee, M~ ri.lrldb - ~. o! ~f+'~ -wor~.~.lrel~,~ ~'w6, ls~i. a~laet a e'~eOMO,ae~r 14pt lYtOdl 37~47~-N~ r-.......~ .. --.....----_~~_ ~Oi Y >f~1 ihNt i ~~ O 1r1• i~ , ~ De:d~tpaons n~icr: oar C17Y: n~rrrc~vxo a~oix~; ~s5 ~ ntc$: MAID os~s X Certify this to be recorded In Cwrtbes'land Conniy p~ ~,,~~~ ~• ~ t ~.. ~~~~g~~~~~~ r 1 ~ ~ ~ ~ ~~~ ~ ~ ~ ~ ~ Zs~ Y •~ . ~- w . rr .. ~..~w..a~C~~aYi ~ N M H~ 1 X54 ~+"4~$~ ~L /t i. •N RECEIPT FOR PAYMENT Cumberland Countyy Prothonotary's Office Carlisle, Pa 17013 DEUTSCHE BANK NATIONAL TRUST (VS) Case Number 2007-05357 Received of PD ATTY DKB Total Non-Cash..... + 78.50 Total Cash......... + .00 Change ............. - .00 Receipt total...... = 78.50 Receipt Date 9/07/200 Receipt Time 13:34:2 Receipt No. 19793 SHIELDS JOY M Check# Distribution Of Payment 2249 Transaction Description Payment Amount COMPLAINT 55.00 CUMBERLAND CO GENERAL FUND TAX ON CMPLT .50 BUREAU OF RECEIPTS AND CONTROL SETTLEMENT 8.00 CUMBERLAND CO GENERAL FUND AUTOMATION 5.00 CUMBERLAND CO AUTOMATION FUND JCP FEE 10.00 BUREAU OF RECEIPTS AND CONTROI 78.50 EXHIBIT "D - to Motion" OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary August 21, 2008 To: Joy M. Shields 348 East Main Street Mechanicsburg, Pennsylvania 17055 Deutsche Bank National Trust Company, as Cumberland County Trustee for Vendee Mortgage Trust 2002-2 Court of Common Pleas vs. Joy M. Shields Number 07-5357 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE 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 (l O) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU W ITHOUT 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 HA VE A LA W YER, 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 TOPROVIDE YOU WITH INFORMATION ABOUTAGENCIESTHATMAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECiONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (l O) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO nJMEDIATAMENTE. SI USTED NO'TIENE A UN ABOGADO, VA A O TELEFONEA LA OFIC[NA EXPUSO ABAlO. 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 NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 McCABE, WEISBERG, AND CONWAY, P.C. BY: Attorneys for Pl 'tiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIItE hm EXHIBIT ~~E - to Motion" /'® OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Cumberland Prothonotary To: Joy M. Shields 308 East Main Street Mechanicsburg, Pennsylvania 17055 Countrywide v. Joy M. Shields Cumberland County Court of Common Pleas Number 07-5357 '= NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Cum Prothonotary X Judgment by Default _ Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCABE. WEISBERG (' N c- Q ~, ~~ -,,,:: C-= ~ - t ~ --; :;ti ~ .~ r-- - r-, C.~', ~~ W ~~ a A ~ ~ AND CONWAY at (215) 790-1010. yylcCABE, WEISBERG AND CONWAY, P.C. By; TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Countrywide v. Joy M. Shields Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 47-5357 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from August 22, 2007 -October 17, 2008 TOTAL $ 91,273.51 $ 6,891.26 $ 98,164.77 McCABE, WEISBERG~ND CONWAY, P.C. BY: ~'' i~ ' ^' `~ ~vu~'vv / Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE AND NOW, this~day of 2008, Judgment is entered in favor of Plaintiff, Countrywide, and against Defendant, Joy M. Shields, and damages are assessed in the amount of $ 98,164.77, plus interest and costs. BY THE PROTHONOTARY: '°`.~ Countrywide McCABE, aEISBERG AND CONWAY, P.C. BY: TERR)E;NCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD I). CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Attorneys for Plaintiff Cumberland County Court of Common Pleas v. Joy M. Shields Number 07-5357 AFFIDAVIT OF NON-MILITARY SERVICE '= COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Joy M. Shields, is over eighteen (18) yeazs of age and resides at 308 East Main Street, Mechanicsburg, Pennsylvania 17055; . SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY McCABE, WEISBERG, AND CONWAY, P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE C~?A;1~11G~'arE~~ir.irs':.~r ~+?l~.PtSYLVRi`IA tUC~fa,~ia! Sea! Dorothy A. G -3~;as, Notary Ptrt~lic ~ Cheltenham 74v; ~.. r:?cr~ Qrmary County HAY Comn~;ut :- z :~rys Jan. 28, 2009 ti4ember, Penn~y~Y• . gssrri~ttinn of Notaries ~- 6 r/' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE; J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EllWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19]09 (215)790-1010 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-5357 CERTIFICATION ,~ I, the undersigned attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against Defendant them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY McCABE, WEISBERG, AND CONWAY, P.C. BY• Attorneys or Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE t,0iv1~.';'.~Ps`.':'F4~i"rl OF PENNSYLVANIA Dorothy A. fia~:~c~:..:.. _! c:Yy Rub!ic Chettenl~am T'°,vp., i~c, :.n;;a.;ary Courriy MY Canmissicn ~, , Uun. 28, 2009 Member, Pennsylvania Aysnciation of Notaries OF , 20. r. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary Augusl 21, 2008 To: Joy M. Shields 308 East Main Street Mechanicsburg, Pennsylvania 17055 Deutsche Bank National Trust Company, as Cumberland (:ounty Trustee for Vendee Mortgage Trust 2002-2 Court of Common Pleas vs. Joy M. Shields = Number 07-5357 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (l O) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGA INST YOU W ITHOUT 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 LAW YER, 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 MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Baz Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUEN'TRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBIECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEB)DA 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 LISTED PODRIA PERDER BtENES U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI LISTED NO'TIENE A UN ABOGADO, VA A O TELEFONEA LA OFlCINA EXP`USO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACItSN ACERCA DE EMPLEAR A UN ABOGADO. SI LISTED 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 hm McCABE, WEISBERG, AN/JD CONWAY, P.C. BY: ~ _i i ~ t /I _ _ , Attorneys for Pla~tiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION I, the undersigned attorney, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. McCABE, WEISBERG/AND CONW-A-+Y, P.C. BY: (/1 ~U~~ Attorneys for Plaintiff / TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIIZE EDWARD D. CONWAY, ESQUIItE MARGARET GAIItO, ESQUIItE McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790 - 1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 v. Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 07-5357 CERTIFICATION OF SERVICE I, Frank Dubin, Esquire, hereby certify that a true and correct copy of the within Motion to Grant Equitable Relief pertaining to the above-captioned matter was served on October 24, 2008, by first-class mail, postage prepaid, upon the following: Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 DEFENE ~ - -- - - Date: October 24, 2008 t.m,l ~ 7 `y ~i 1 c~'t !: •.-M T _ ~,~ "T} ~ r _r r"l C,J ~r f..~ ~_ PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 (Plaintiff) V. Joy M. Shields Cumberland County Court of Common Pleas No:07-5357 (Defendant} 1.State Matter to be argued (i.e., Plaintiffs motion to Foreclosure Equitable Mortgage and Ejectment ,and Defendant's response, if any) Plaintiffs motion to Foreclosure Equitable Mortgage and Ejectment 2. Identify counsel who will argue case: (a) Matthew J. Eshelman P.O. Box 1080, Suite 201 8 Hanover Street Carlisle, PA 17013 (b) Defendant is Pro Se Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 3 4. DATE: I will notify all parties in writing within two days that this case has been listed for argument. A,.,.,,w,o.,* rv,,,,,.f TlorA• McCABE, WEISBERG, & CONWAY, P.C. FRANK DUBIN, ESQUIRE Identification Number: 19280 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 (Plaintiff) V. Joy M. Shields Cumberland County Court of Common Pleas No:07-5357 CERTIFICATION OF SERVICE I, FRANK DUBIN, Esquire, hereby certify that a true and correct copy of the within Praecipe for Listing Case for Argument was served on October 24, 2008 by fixst-class mail, postage prepaid, upon the following: Defendant is Pro Se Joy M. Shields 308 East Main Street Mechanicsburg, PA 17055 DATE: ~~ ~ ~ ~ ~ ~~ °~ ~-.~- ~RA~ DUBIN, ESQ ~'~rnev for Plaintiff l J "_ t m f? ._..? ~ S~ + ^"~"; i5 ~ "t~ ~~ ~t Sp ~~ DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Vendee Mortgage Trust 2002-2 Plaintiff vs. JOY M. SHIELDS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5357 Civil Term Civil Division ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with McCabe, Weisberg & Conway, P.C., for the limited purpose of representing the Plaintiff at Oral Argument at 11:45 a.m. on Wednesday, December 3, 2008 in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: December 1, 2008 ~:..~c--~-.__. Dale F. Shu ar J Supreme Court I.D. 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 cc: Frank Dubin, Esquire, McCabe, Weisberg & Conway, P.C. Attn: Tracey Traore, Legal Assistant Joy M. Shields . - -.. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 PLAINTIFF V. JOY M. SHIELDS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5357 CIVIL TERM ORDER OF COURT AND NOW, this day of December, 2008, upon consideration of plaintiff s motion to foreclose equitable mortgage and ejectment, the motion, IS GRANTED. IT IS ORDERED (1) in rem judgment against the defendant is granted in the amount of $98,164.77 through October 17, 2008 together with interest thereafter at the legal rate according to law together with costs and other charges collectable under the installment sale agreement; (2) plaintiff may bring an action for a deficiency judgment pursuant to the Deficiency Judgment Act [42 Pa.C.S. § 8103J; (3) defendant's interests under the installment sale agreement are terminated, and if the installment sale agreement is of record, the recorder of deeds is ordered to make it void upon praecipe of plaintiff; and (4) judgment in ejectment is granted in favor of plaintiff and against defendant, and defendant and all occupants, are ordered to vacate the premises not later than 25 days of the date of this order. 7 ~'~ - _u,' M C"'~ -~~ ~. ,_ ~ ~ _- _ _ ~-.'._i x ~.. . L.t_ ~`~.t - r., ~ Frank Dubin, Esquire 123 South Broad Street, Suite 3080 Philadelphia, PA 19109 For Plaintiff ~oy M. Shields, Pro se 308 East Main Street Mechanicsburg, PA 17055 sal l:D t Es m ~ t[,~., /~~~6~0 ~ w ~,. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 FRANK DUBIN, ESQUIRE - ID # 19280 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 v. Joy M. Shields TO THE PROTHONOTARY: Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 07-5357 Civil Term P R A E C I P E Kindly enter Judgment for Possession by Order of Court dated December 3, 2008 against the Defendant, Joy M. Shields in the above captioned matter. Premises: 308 East Main Street. Mechanicsbur .Pennsylvania 17055 BY: T N J. McCABE, ESQUIRE . WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE t w -+ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOY M. SHIELDS, DEFENDANT 07-5357 CIVIL TERM ORDER OF COURT AND NOW, this day of December, 2008, upon consideration of plaintiff s motion to foreclose equitable mortgage and ejectment, the motion, IS GRANTED. 1T IS ORDERED (1) in rem judgment against the defendant is granted in the amount of $98,164.77 through October 17, 2008 together with interest thereafter at the legal rate according to law together with costs and other charges collectable under the installment sale agreement; (2) plaintiff may bring an action for a deficiency judgment pursuant to the Deficiency Judgment Act [42 Pa.C.S. § 8103]; (3) defendant's interests under the instaAment sale agreement are terminated, and if the installment sale agreement is of record, the recorder of deeds is ordered to make it void upon praecipe of plaintiff; and (4) judgment in ejectment is granted in favor of plaintiff and against defendant, and defendant and all occupants, are ordered to vacate the premises not later than 25 days of the date of this order. `_.J- ~ ~ ~ `~~ ~ w ,s ~- Frank Dubin, Esquire 123 South Broad Street, Suite 3080 Philadelphia, PA 19109 For Plaintiff Joy M. Shields, Pro se 308 East Main Street Mechanicsburg, PA 17055 aal 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 FRANK DUBIN, ESQUIRE - ID # 19280 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 v. Joy M. Shields Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 07-5357 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned, being duly sworn according to law, deposes and says that the Defendant are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant Joy M. Shields, are over eighteen (18) years of age, and reside at 308 East Main Street, Mechanicsburg, Pennsylvania 17055. SWORN TO AND SUBSCRIBED BEFORE ME THIS 1 lth DAY OF December, 2008. NOTARY PUBLIC i L.; sC> ! r~r..~v ~=v~iC cc~y of Pnii?:it~s;.• qty, ~~rf~,~~. ~~s~~;ty Comm~ssi~n ~xrares,~~.~n~ ~~ 2plt BY: ,/.// ~„ram-.~`.~ ~ attorneys Plaintiff ~~yy E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIItE FRANK DUBIN, ESQUIRE AY, P.C. 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 FRANK DUBIN,ESQUIRE - ID # 19280 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)_790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 v. Joy M. Shields Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 07-5357 Civil Term AFFIDAVIT OF LAST-KNOWN ADDRESS OF DEFENDANT I, Frank Dubin, Esquire, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known address of the Defendant are as follows: 308 East Main Street, Mechanicsburg, Pennsylvania 17055 SWORN TO AND SUBSCRIBED BEFORE ME THIS 11th DAY OF December, 2008. w 1 NOTARY PUBLIC ~• _ t /~ a. ., ... _~ ~~_ViL~F~ ~ tf~' ~ r r ~ ', bt rid7lFTiiS~l~1(! cr'.Xrr~S ~„iit0,!, ~u~~ orney or Plaintiff E CE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE AY, P.C. v VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts aze true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. Plaintiff WE SBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIItE ~CE J. McCABE, ESQUIRE S. I ~ f ~ ,F, Q 0~0 . ~ ~ D h.., ~t~' ca ~ ,_,r , : , ~~ ~, -~, cry - ~ ~ i v - - + ~~ _ ~,: - _ : ~: ,~~,., ~ ~ ~.~ ~ -c OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Curt Long Prothonotary To: Joy M. Shields 308 East Main Street Mechanicsburg, Pennsylvania 17055 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 CUMBERLAND COUNTY COURT OF COMMON PLEAS v. Joy M. Shields Number 07-5357 Civil Term NOTICE Pursuant to Rule 236, you aze hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. _ Judgment by Default _ Money Judgment .._ Judgment in Replevin urt L Prothonotary X Judgment for Possession by Order of Court If you have any questions concerning this Judgment, please call Terrence J. McCabe. Es4uire at 215) 790-1010. r ,„ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 FRANK DUBIN, ESQUIRE - ID # 19280 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790.1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 v. Joy M. Shields Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 07-5357 Civil Term PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue Writ of Possession in the above-captioned matter. 308 East Main Street, Mechanicsburg, Pennsylvania 1705 ice. BY: ~I'E CE J. McCABE, ESQUIRE C S. WEISBERG, ESQUIRE DWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ~, ~ S 00 ro"' s °° S' Q ~ O ~ s ` (p b ~°%_ CJ's ...~~j ~G ~ 1„ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2002-2 1800 Tapo Canyon Road Mail Stop #SV 103 Simi Valley, CA 93063 PLAINTIFF V. JOY M. SHIELDS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5357 .CIVIL TERM ORDER OF COURT ~~ AND NOW, this ~ day of December, 2008, upon consideration of plaintiff s motion to foreclose equitable mortgage and ejectment, the. motion, IS GRANTED. IT IS ORDERED (1) in rem judgment, against the defendant is granted in the amount of $98,164.77 through October 17, 2008 together with interest thereafter at the legal rate according to law together with costs and other charges collectable under the installment sale agreement; (2) .plaintiff may bring an action for a deficiency judgment pursuant to the Deficiency Judgment Act [42 Pa.C.S. § 8103; (3) defendant's interests under the installment sale agreement are terminated, and if the installment sale agreement is of.record, the recorder of deeds is. ordered to make it void upon praecipe of plaintiff; and (4) judgment in ejectment. is granted in favor of plaintiff and against defendant, and defendant and all occupants, are ordered to vacate the premises not later than 25 days of the date of this order. ..... . r. `w/ ~ ~t /~ y, ~. .~.3 +~~. t , ,..~+~ r`s cb~tda ::`.: iki~ i'A L: ~' Edgar B. Bayley, J. ! - s Frank Dubin, Esquire 123 Sauth Broad Street, Suite 3080 Philadelphia, PA 19109 For Plaintiff Joy M. Shields, Pro se 308 East Main Street Mechanicsburg, PA 17055 aal . ~. ~ }' • YY~fy VA t~hrm ~i~6436n seegea it~e,'i~tes8vsc. I,Ern~smv.~-rnu Tim I1dDE]t1Ti1Rk mado Ibis 27tb day of Iut1t, AD. 2002, between tits Socne~cary of Yeteaamt Affairs, an pier of the United Starts of Atnaaica, who®e addteae is De~mnet~ of vacua AiLirs, Wesb~ooua, D.C. 2047.0, he~+eiaadEer called the (~atcr sad Darischa Banc Nstloaal '~piE Ccampe~y, Aa Trtt~ea For Vendee 1Vlortgega 'llugt 2l1aZ-2, ~GVitlrout ~ E~ooept As Plovidad In A Fbolfmg Attd ~ Agnxao~e~dt Daoed Juac 1, 2002, a trnet which is estahlisb~ed ur~dEr the laws of tLe STAT"S 4F CAi~FOILI~IA, ltav~ ~ prutcipai place ofbtuinass a<cJo Coan]tywide Horne tcans,1840 Taps Canyon lsd., MsN 3V 103, Simi Valley, CA 93443 hcrcin caned Glactrc: ~VTPNE3SE'Jf8 that the said tors) ~r sad fat consideaMi~ of the 1~-t1- ~ tho~d itiree ban8,~ed #nd aiaa~- eev~t doiVura std 64/1D0 --- (S8l397~W) DOY,LAR(l~. tba r~elpt whe~f was sc~c+mwledSe, hereby barSRins, sells, alieau, eafeo~„ teleaaca, and coai3tms tatto the saM Cnw-bee acrd t}raatx'y baits or sins and -~ .. rv ~ .. - I.Fd~AL D~SCRl2''1'IOW (SEE A1TA(~RD DOCU11~') ° m =; > 'IA7C 1Ds Tl7 33-YSb6~?38 c~ rte`' ;" ~--: ~ ° =-i m 308 E MAIN' Sf, NtFaCHAMCSHU'R~G, PA 17x55 ~ ° ~ ~ ~~~ m ~ z~~ TOGETHtriz wigt all sad ibe impravame+ets~ weya, abt+eeta, siieys, paaagrs, waters, vwt~ rtg~, liberties, ptivilo~, here, aai ~ fever be~oa~ag, ar iaz a>~w9se appatsvning, sad tlrc revapdom +eod:atr~oden, te~oaa, iasnaa, and ptrrflb thet+eot; sad sIl the tip, title, ittOGC'est, ptaperty, alaima, and damaad vd~oe~vcr ttf rho said t~lstmtot; in hw, equity. or otherarlae bororaoevar, oi; in, and b tlu same a~ croery pad theceaf TO HAVE AND TO ROTA the se~id lot ar piaoe of gAUOd abavc dnpdbed whit ~e'berefi~maaeb end appm~beaatces, ttetta the said and C>'n~ee's Ddrs at suoceaaots sad aaaigaa, i~ver, ~tsator tiOYttoeat8 Do wstr+uoot and dofm~d AO that bin above doacrt"bad all parsons lawfully cLitnang or w tlx same or any part tbuereofby, or uturb~ c~aaoor, lrt Wl'f"NESS w~s~oF, t~aaoor on tba day ~d yret first' vvritcelt hex aatzsad t>tts iuersuateat to be sigood and sGeted oa C~r'a bebalPby the uodeeaf0oed, beio: tbereacnga dnkY , ggalfCod apd ecdog putz~rmoot to Zitle 38, YJaited Staten Cods, Soetlems 212 tatd 1820, aad'IStle 38. Code of Federal RoguSabozts, 3e~tion 34342 sad 36.452, gutattasK tl~a, as amaaded, and wha is ~ih~orifled m th#e iadevDatsat -t-r:-r------ _ _._.__ 4Y ,~ 1 of 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for VENDEE MORTGAGE TRUST 2002-2 VS. JOY M. SHIELDS No. 07-5357 Civil Term Costs Attorney's $ 247.30 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for VENDEE MORTGAGE TRUST 2002-2 being: (Premises as follows): 308 EAST MAIN STREET, MECHANICSBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. urtis R. Lo rothono y, Common Pleas Court of umberland County, PA Date 12/ 15/08 (Seal) > --. a 2of2 No 07-5357 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for VENDEE MORTGAGE TRUST 2002-2 VS. JOY M. SHIELDS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 247.30 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANK DUBIN, ESQUIRE McCABE, WEISBERG AND CONWAY, PC 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 215-790-1010 ID# 19280 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the named appurtenances, and day of I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy . ' McCABE, WEISBERG AND CONWAY, P.C. -~ BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 ~ EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 .~3~ar~relc--(~ ~vee i v. Joy M. Shields Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-5357 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from August 22, 2007 -October 17, 2008 TOTAL $ 91,273.51 $ 6,891.26 $ 98,164.77 McCABE, WEISBERG COpNW~AY,, P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE AND NOW, thiso~day ofQ~2008, Judgment is entered in favor of Plaintiff, Countrywide, and against Defendant, Joy M. Shields, and damages are assessed in the amount of $ 98,164.77, plus interest and costs. BY THE PROTHONOTARY: ~,'~IcCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 ._ • EDWARD D. CONWAY, ESQUIRE -1'D # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ- ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 ' (215) 790-1010 PI~ ~ ~~ ~~ r-~Co~,~l n~' ~ Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 v. Joy M. Shields Cumberland County Court of Common Pleas Number 07-5357 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $ 91,273.51 Interest from August 22, 2007 -October 17, 2008 $ 6,891.26 TOTAL $ 98,164.77 McCABE, WEIS~t~, AND ryt~NWi.~Y, P.C. BY: ` Attorneys for Pla ntiff TERRENCE J. McCAB~, ESQUIRE MARC S. WEISBERG ESQUIRE EDWARD D. CONW ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE AND NOW, this;Z01~t day of October, 2008, Judgment is entered in favor of Plaintiff, Countrywide, and against Defendant, Joy M. Shields, and damages are assessed in the amount of $ 98,164.77, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-5357 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Joy M. Shields, is over eighteen (18) years of age and resides at 308 East Main Street, Mechanicsburg, Pennsylvania 17055; . SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY McCABE, WEISBERG, AND CONWAY, P.C. BY: ~ C ~/ Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE COMMCNvVE.~~:i'r? C-i-= !/cNNSYLVARiA Notarial Seal Dorothy A. Gegar.,ka,, Notary Public Cheltenham Twp., nnantoornery County My Commission, '; x;3iri3S Jan. 28, 2009 Member, Perrnsy?i~ ,r•f ~rssvciation of Notaries McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 l23 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-5357 CERTIFICATION I, the undersigned attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against Defendant them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY McCABE, WEISBERG, AND CONWAY, P.C. BY: Attorneys or Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE C®P~1~~'~C7Pi1~'.>E,~LT~ QF PENNSYLVANIA I~ ar -~~ Dorothy A. Coyeu;.. € :;;;ry Public Cheltenham Twp., 9v'€c, s;a rr+ery County My Commission ExK; ~ Jan. 28, 211Q9 Member, Pennsylvania A~snciation of Notaries OF , 20. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary August 21, 2008 To: Joy M. Shields 308 East Main Street Mechanicsburg, Pennsylvania 17055 Deutsche Bank National Trust Company, as Cumberland County Trustee for Vendee Mortgage Trust 2002-2 Court of Common Pleas vs. Joy M. Shields - Number 07-5357 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (I O) 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 LAW YER, 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 Baz Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 hm NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) D1AS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER LISTED EN CORTE U O1R PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y LISTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI LISTED NO'TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. Sl LISTED NO PUEDE PROPORCIONAR PARR 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 NINGl1N HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 McCABE, WEISBERG, AN/~D CONWAY, P.C. Attorneys for PIa~itiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION I, the undersigned attorney, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. McCABE, WEISBERG, AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE 1V~ARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUII2E MARGARET GAIRO, ESQUIRE .~- { ~ -r~ ~ -- ~ -, r c~ r'~ .,, ~ _ s N , s ~, U~ ~ ~ ,~ c~ c ? _;. :.~, ate- ~- -', ` - c.~.~ ~:. ~. .. ~_, -, ; ~' .~ . OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Cumberland Prothonotary To: Joy M. Shields 308 East Main Street Mechanicsburg, Pennsylvania 17055 Countrywide Cumberland County Court of Common Pleas v. Joy M. Shields ~ Number 07-5357 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Cumberl Prothonotary 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 at (215) 790-1010. ~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS ' Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Cumberland Prothonotary To: Joy M. Shields 308 East Main Street Mechanicsburg, Pennsylvania 17055 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 Cumberland County Court of Common Pleas v. Joy M. Shields Number 07-5357 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Cumberland Prothonotary If you have any questions concerning this Judgment, please call McCABE, WEISBERG AND CONWAY at (215) 790-1010. ~ ~~ By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the ~purtenances,and Writ of Possession returned STAYED per Atty McCabe, 1/21109. ~~ ~..-~ _..~,~ - , -'-~ So Answers, Sworn and subscribed to before me this Day of ~ heri By -- Sheriff's Return: Docketing Surcharge Poundage Milage Prothy r~s. 1$.00 20.00 1.34 27.00 • 2.00 68.3 ~ lla+~lpq ~-. L fi .~ b' L I ~~p 8001 ~-? c -v ~ ~ - _ '~ ...., _.- ~ n7~ "_ t~~ -`? . _ ~~~~ '~ .° i-. - ~. -r. . ~-q ~ ~` ~ . `r" ~° ~~~o~ ~' ~. .:~ ~= Advance Costs: 150.00 Sheriff's Costs: 68. 81.6 Refunded to Atty on 1/21/09 v, ~, 2of2 No 07-5357 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for VENDEE MORTGAGE TRUST 2002-2 vs. JOY M. SHIELDS WRIT OF POSSESSION P.R.C.P. 3164-3ib5 ETC. Costs Att'y $ 247.30 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANK DUBIN, ESQUIRE McCABE, WEISBERG AND CONWAY, PC 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 215-790-1010 ID# 19280 Attorney for Plaintiff (s) By virtue of this writ, on the named appurtenances, and Where papers may be served day of I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy s- lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for VENDEE MORTGAGE TRUST 2002-2 VS. No. 07-5357 Civil Term JOY M. SHIELDS Costs Attorney's $ 247.30 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for VENDEE MORTGAGE TRUST 2002-2 being: (Premises as follows): 308 EAST MAIN STREET, MECHANICSBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. C is R. Lon onota , Common eas Court of Cumberland County, PA Date 12/15/08 (Seal) McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys f r Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIItE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 FRANK DUBIN, ESQUIRE- ID # 19280 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 v. Joy M. Shields TO THE PROTHONOTARY: CUMBERLAND CO COURT OF COMMON Number 07-5357 Kindly re-issue Writ of Possession in the above-captioned matter. Premises: 308 East Main Street, Mechanicsburg, Pennsylvania 1 T EN J. McLA~~ ARC .WEISBERG, ESQ ED RD D. CONWAY, E~ ARGARET GAIRO, ESQ FRANK DUBIN, ESQUIRE Attorneys for Plaintiff ~ • DEUTSCHE BANK NATIONAL IN THE COURT TRUST COMPANY, AS TRUSTEE :CUMBERLAND FOR VENDEE MORTGAGE TRUST : 2002-2 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 PLAINTIFF V. JOY M. SHIELDS, DEFENDANT 07-5357 CIVIL TE ORDER OF COURT AND NOW, this day of December, ~ plaintiff's motion to foreclose equitable mortgage and ejectmei GRANTED. IT IS ORDERED (1) in rem judgment against the the amount of $98,164.77 through October 17, 2008 together the legal rate according to {aw together with costs and other cl COMMON PLEAS OF JNTY, PENNSYLVANIA ~, upon consideration of the motion, IS :fendant is granted in h interest thereafter at 'Qes collectable under the installment sale agreement; (2) plaintiff may bring an action ~or a deficiency judgment pursuant to the Deficiency Judgment Ac# [42 Pa.C.S. interests under the installment sale agreement are terminated,.: sale agreement is of record, the recorder of deeds is ordered to praecipe of plaintiff; and (4) judgment in ejectment is granted in against defendant, and defendant and all occupants, are ordere premises not later than 25 days of the date of this order. 8103]; (3) defendant's ~ d if the installment lake it void upon wor of plaintiff and to vacate the By the s ice';'. ~ ~IOB ~r=_ .:=si~`ic .;~ .', ~;:.,, t,~ is ,, .k:;~ s>~ .~r - ~.~, ~a Edgar B. Bayley, .~. ~ .. r,, McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 FRANK DUBIN, ESQUIRE - ID # 19280 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (21~ 790-1010 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2002-2 v. Joy M. Shields TO THE PROTHONOTARY: CUMBERLAND COURT OF C011 At1 for Plaintiff PLEAS Number 07-5357 Civil Term Kindly issue Writ of Possession in the above-captioned matter. 308 East Main Street, Mechanicsburg, Pennsylvania 17( ` BY: DI'E CE J. McCABE, ESQ C 5. WEISBERG, ESQU~E DWARD D. CONWAY, ESQ MARGARET GAIItO, ESQUIRE FRANK DUBIN, ESQUIRE Q o ~ ~ '?-~ r= ' c~ _ ~ ~n LL . °~'~ A ; c.n ~_ ; - ~ . . ~ :'> c~ ' -- t~? v ~,~ ~ '-~G - / ~ DEUTSCHE BANK NATIONAL IN THE COURT OF OMMON PLEAS OF TRUST COMPANY, AS TRUSTEE :CUMBERLAND CO NTY, PENNSYLVANIA FOR VENDEE MORTGAGE TRUST 2002-2 1800 Tapo Canyon Road Mail Stop #SV 103 Simi Valley, CA 93063 PLAINTIFF V. JOY M. SHIELDS, DEFENDANT 07-5357.CIVIL TERM ORDER OF COURT AND NOW, this day of December, 200 ,upon consideration of plaintiff's motion to foreclose equitable mortgage and ejectment, he. motion, IS GRANTED. IT tS ORDERED (1) in rem judgment. against the de endant is granted in the amount of $98,164.77 through October 17, 2008 together wit interest thereafter at the legal rate according to law together with costs and other char es collectable under the installment sale agreement; (2) .plaintiff may bring an action fd~r a deficiency judgment pursuant to the Deficiency Judgment Act (42 Pa.C.S. § ~103j; (3) defendant's s interests under the installment sale agreement are terminated, sale agreement is of.record, the recorder of deeds is. ordered to praecipe of plaintiff; and (4) judgment in ejectment. is granted in against defendant, and defendant and all occupants, are ordered premises not later than 25 days of the date of this order. By the :' ..., ~• < ;~.•.~., l f11~s :~rwxa ~ ~ : Edgar B. Bayley J. +S~.k r:Z k'~ a o•`1~. I~i eti~a.. -:14~ ~ ~' . ~ r ~Vii:G:+ if the installment ke it void upon ~r of plaintiff and vacate the r Frank Dubin, Esquire 123 Sauth Broad Street, Suite 3080 Philadelphia, PA 19109 For Plaintiff Jay M. Shields, Pro se . 308 East Main Street Mechanicsburg, PA 17055 :sal .~ ~~~fy"d~ VA l~ Zi~6L~ Se~tiea IalG~,'lYde3ot U.S.G TF1R 7ND~N1T]R$ mado Ibis 27th dA3' of ?rmq AD. 2002, between the Soc gfficac of the Uniood Starts of A'matica, whose addorose i; Depmctonmt of Ytsbao 20420. IMpL'+~ar called the tlCwtot' and Deregcbe Bmt Natloael '>l~wt Corm i~oitgls®s 'Itulrt ?AtY~2. Wul~oa~ Rac~awrst, B~oopt Aa Fmvided bo A At yuac I, 2002, tt treat wbdch is os~btiaiaed mda ftbc laws of t)he STAT'ii OF Gtr plmye of baalnesa at c!o Co~rywide Howe Leaaa,1800 Taps CaaYon ~d., M9N S' hcraa caikd Gsaoico: i~~sx>iv.~tvlA ~ of Ygoaa>,a Affairs. ~ ~ Affi~irs, Wes,~LOOp, D.C. a~+, As 1luieee Fa Vesdee ORN,fA, 3~v'its Paaiptl 103, Simi`/alley, CA 93063 WITNESBE'13$ that tln aced (itantioc(s) fbr sad iit camideaeiotz 4f ~ F~>~r aiiae d t'ttsree Auedrnd s>nd >aigety eevicok do>faaa a~ad tf4/180 --- (SS1397.6dy DOLLARQ3j. tba ra;elpt whereof was sdomwlecl8c„ ba+~bs- S~ , sells, allestt, and cat~tms m~to tide astd Crantao and C3asat~'s bras dit succr:~a sold assigns, I ~~ .. N •• ~ • LF rAL D)~$CIt~'I'IOId ~ AT7'ACHBD DOCUMENT) ,C ~ ° ~ a 7 ~ ~ y 'xAXID! {7 ~05bS~238 ;~, 7-i C a c :,,i m H)]rII GrV ?08 E MAIN t3T,1~Q~HAMCS$URC7,1'A 17055 -~ ~°, o - -v ~ '~ o rn ~ r.. z TOV`E7'll~tt wi#h al! sad slu8ulat the impel, ~ stteeb. alleys, ptr~e.~, , ,~ 4 libmtiea„ pnvilypes, herotee-ts, s~ ~ ~ oa Al es~wise appacteimlag, sad tltt; sevaadeon and ste~deea, i'aba, iAen-as, end pra8ts dveciooiy and t#ee eats>ba, dglst, title, p~Y~ claims, cad daimend whe~orvCt of the said Gieasane, is hw, agnity; atheearlee ~, oi; in. and to ~ rime and ov+ery pact ttrataf. . TO HAV1~ AND TO BOLD toes said lot qr piece of gwtend ebova de~ibed w1#h the tend BppW'btrn~y tetltS 1bE s@ld t3TSpt~ Ased ~11tR8`S ildl'a Oi eN000ea01s and aso~, t3nrrtoc t'+OYtamat8 t0 wtwtonc sad dofetbd alI that t~+etn above ~i~ a@eiOSt 1i1 lewfvlly- Clahrf~g Or t0 Clll1~1 flee $~ 02 AOj- part tbeCiCOf~'fy, of ~ QlBIIOOa'. ' II+t A'~'NEa;S'WI~REOF, CAsator oa ~ day laed yaeY $t~' vvnitlm bee tbta iussnm>~ b be si$ced sad totted on Creomor's behalf by the mederesi~ed, bed thepetado dnfiy cjwlifiod treed acting put~nt m Title 38, Ueated S'taeos t:rodt;, Seatieas 212 cad 1820, sad Tito 38. Cone Fedeeeil Ragtthtioiu, Section 34342 and 36.4S2a, p~nsttastt tha+et+a ~ emsoadad, tod who is aafbasieed m Chit in~oaaart ~ 25~ ru:~~27~ - i ~~ ~ ~ 0 6. ~ L -~ t~- ~ ~ ~~ ~ A 4'y -G- s" ~ ~ W_ O 0 ~ a OO ~ ~ -~ .. s D ~ ~ a - 9 v ~~ r-~ °~1 C' °ca s.~ ; ..~ :~;e -rt ~ -n ~` "G?t~~' ~ r'E1~ < ~~ :~- ;~~;' '~ ~: f _ :;, c~ 4 JJ ~~! ~Y~ .~ .~- ~ ~... for z WRIT OF POSSESSION (Ejectment Proceedings IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for VENDEE MORTGAGE TURST 2002-2 VS. No. 07-5357 Civil Ten JOY M. SHIELDS Costs Attorney's $ 339.64 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter y possession of the following described property to: (Plaintiff (s)) DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for' TRUST 2002-2 being: (Premises as follows): 308 EAST MAIN STREET, MECHANCISBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directe~ property of the defendant (s) and sell hislher (or their) interest therein. Curds R. LongfFfifi~on~ Common Pleas Court of 160-3165 etc.) Y, PENNSYLVANIA lu are directed to deliver MORTGAGE o levy upon any County, PA Date 2/09; 09 (Seal) z orz No 07-5357 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, as T stee for VENDEE MORTGAGE TRUST 2002-2 VS. JOY M. SHIELDS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 339.64 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANK DUBIN, ESQUIRE McCABE, WEISBERG AND CONWAY, PC 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 215-790-1010 ID #19280 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of I caused the within named , to have possession of the premis s described with the appurtenances, and Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy A~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ of pososession is returned STAYED, per request from attorney. Sheriff s Costs: Advance Costs: 150.00 Sheriff's Costs: 87.13 Docketing 18.00 62.87 Poundage 1.71 Advertising Law Library Prothonotary 2.00 Refunded to Atty on 04/24/09 Mileage 45.00 Surcharge 20.00 Levy Certified Mail Postpone Sale Garnishee Postage .42 TOTAL $ 87.13 ~ ~ ~f ° g ~So Answers; ~~~~ /- R. Thomas Kline, She 'ff By Sharon R. Lantz c~z ~ .~ r- c~ -Ti t'`.? ~ ~' ~ -7 . • ~~ j'7 ...:a. •~ ~:, L^ f- f~.l =3 _~, .~" ~ a a,, C° ~.; i~ .1a~r3~~v t~ iar z WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for VENDEE MORTGAGE TURST 2002-2 VS. JOY M. SHIELDS No. 07-5357 Civil Term Costs Attorney's $ 339.64 Plaintiff`s $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for VENDEE MORTGAGE TRUST 2002-2 being: (Premises as follows): 308 EAST MAIN STREET, MECHANCISBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Date 2/09/09 (Seal) C 's R. Long, P ary, Common Pleas Court of C erland County, PA f , 2 of 2 No 07-5357 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for VENDEE MORTGAGE TRUST 2002-2 VS. JOY M. SHIELDS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 339.64 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANK DUBIN, ESQUIRE McCABE, WEISBERG AND CONWAY, PC 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 215-790-1010 ID #19280 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the named appurtenances, and Sworn and subscribed to before me this Day of , Prothonotary day of _, I caused the within _, to have possession of the premises described with the So Answers, Sheriff By t. } ._s, ~~* 5`~ _~~-,., n 1 .~ d U 1 9~3 6G0~