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Home My WebLink About11-7339SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-040081 r ?- E `,r9 .r -i 1?1vC_ 4 a t t ?;y? if ?;'?1 , Deutsche Bank Trust Company Americas, as ; COURT OF COMMON PLEAS Trustee and Custodian for Equifirst Mortgage CUMBERLAND COUNTY Loan Trust 2005-1 ' PLAINTIFF NO.: 1) -1 3`39 civil vs. Credie F. Windemaker, III and Occupants ; 200 Willow Mill Road Mechanicsburg, PA 17050 DEFENDANT CIVIL ACTION EJECTMENT 21000 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 'L? a(? soy S NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIEREDEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LADEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIAESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE ENFORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE,LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SINPREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO OSUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDECONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 11-040081 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-040081 Deutsche Bank Trust Company Americas, as Trustee and Custodian for Equifirst Mortgage Loan Trust 2005-1 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. vs. Credie F. Windemaker, III and Occupants 200 Willow Mill Road Mechanicsburg, PA 17050 DEFENDANT CIVIL ACTION EJECTMENT Plaintiff hereby complains against Defendants as follows: 1. Plaintiff, Deutsche Bank Trust Company Americas, as Trustee and Custodian for Equifirst Mortgage Loan Trust 2005-1 ("Plaintiff'), a corporation, has an office located atl0790 Rancho Bernardo Road, San Diego, CA 92127, and is properly conducting business in the Commonwealth of Pennsylvania. 2. Defendants are Credie F. Windemaker, III and Occupants ("Defendants") and they reside at 200 Willow Mill Road, Mechanicsburg, PA 17050 ("the Premises") 3. The Premises, which is where the ejectment is to take place, is located at 200 Willow Mill Road, Mechanicsburg, PA 17050. A true and correct copy of the legal description of the Premises, is attached hereto, incorporated herein by reference, and marked as Exhibit "A." 4. The Premises were sold at Sheriffs sale by the Sheriff of Cumberland County, Pennsylvania, after due advertisement and according to law, under and by virtue of a Writ of Execution issued to satisfy a Judgment In Mortgage Foreclosure entered in the Court of Common Pleas of Cumberland County, Pennsylvania, at the suit of: Deutsche Bank Trust Company Americas, as Trustee and Custodian for Equifirst Mortgage Loan Trust 2005-1 v. Credie F. Windemaker, III. 5. The case number of said Judgment is: 10-7103. 6. The sale was held on: June 1, 2011. 7. Credie F. Windemaker, III was the previous owner of the Premises by virtue of a Deed dated January 31, 2001, and recorded in the Office of the Recorder of Deeds for CUMBERLAND County, Pennsylvania on February 6, 2001, in Deed book 239 page 130 CUMBERLAND County, Pennsylvania. 8. Plaintiff purchased the Premises at the Sheriff s sale. 9. The Plaintiff acquired valid title to the Premises on the date of and by virtue of said Sheriffs sale. 10. Plaintiff is still the real owner of said Premises and is entitled to immediate possession of the Premises. 11. The Deed in favor Deutsche Bank Trust Company Americas, as Trustee and Custodian for Equifirst Mortgage Loan Trust 2005-1 was recorded with the CUMBERLAND County Department of Records in Deed, on July 8, 2011. 12. Said Deed is a matter of State public record and therefore, is hereby incorporated by reference herein as if fully set forth at length. A true and correct copy of the Sheriff's Deed, is attached hereto, incorporated herein by reference, and marked as Exhibit "B." 13. The persons in possession of the Premises are believed to be the Defendant in this action who are occupying the Premises without right and without claim to title. 14. Plaintiff is entitled to immediate possession of the Premises. WHEREFORE, Plaintiff demands judgment, in ejectment, for immediate possession of the Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. Respectfully submitted, SHAPIRO & DeNARDO, LLC Date: BY: Les e J. Rase, Esquire Attorney for Plaintiff File # 11-040081 GERALD M. SHAPIRO Admitted in Illinois and Florida Only DAVID S. KREISMAN LLC NARDO & D S Admitted in Illinois Only E , HAPIRO HRISTOPHER A. DeNARDO C Managing Partner MICHAEL J. CLARK+ ATTORNEYS AT LAW LESLIE RASE + Also Licensed in New Jersey 3600 Horizon Drive, Suite 150, King of Prussia, Pennsylvania 19406 Tel: (610) 278-6800, Fax: (610) 278-9980 90 DAY NOTICE PURSUANT TO PROTECTING TENANTS OF FORECLOSURE ACT, PUBLIC LAW 111-22 TO: Tenants 200 Willow Mill Road Mechanicsburg, PA 17050 AND ALL OTHER TENANTS IN POSSESSION: AT PREMISES KNOWN AS 200 Willow Mill Road Mechanicsburg, PA 17050 NOTICE IS HEREBY GIVEN, that Deutsche Bank Trust Company Americas, as Trustee and Custodian for Equifirst Mortgage Loan Trust 2005-1 has purchased the above-described property at a foreclosure sale and is the record owner of the Property. NOTICE IS FURTHER GIVEN that, pursuant to the Protecting Tenants of Foreclosure Act, Public Law 111-22, All Tenants are given ninety (90) day notice to vacate the premises. If you fail to vacate the premises within the ninety (90) day period, Deutsche Bank Trust Company Americas, as Trustee and Custodian for Equifirst Mortgage Loan Trust 2005-1 will proceed to have an eviction and lockout scheduled to have you removed from the Property. Pursuant to Protecting Tenants of Foreclosure Act, Public Law 111-22, if you have a pre-existing lease extending beyond ninety (90) days from the date of receipt of this notice, you may choose to deliver a bona fide lease agreement to the attorney's office listed below. If you choose to produce your lease agreement, you will be expected to pay contractual rent monthly to the Deutsche Bank Trust Company Americas, as Trustee and Custodian for Equifirst Mortgage Loan Trust 2005-1 for the rest of the period of your lease agreement to the attorney's office listed below. If rent is not paid timely, Deutsche Bank Trust Company Americas, as Trustee and Custodian for Equifirst Mortgage Loan Trust 2005- 1 will proceed with legal action for POSSESSION. ALL TENANTS ARE REQUIRED TO DELIVER POSSESSION of the premises at the scheduled end of said lease agreement. Enclosed herewith is a copy of the recorded Deed declaring Deutsche Bank Trust Company Americas, as Trustee and Custodian for Equifirst Mortgage Loan Trust 2005-1 as the lawful owner of said premises. I suggest you consult an Attorney or contact the undersigned to discuss the actual date you plan to vacate the premises or submit your lease agreement pursuant to Protecting Tenants of Foreclosure Act, Public Law 111-22. QWll squire A rney for Purchaser Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (610)278-6800 ALL THOSE FOUR CERTAIN lots of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows: No. 1. Lot No. 45, in a Plan of Cottage Lots known as Willow Mill Park which Plan of Lots is recorded in the Office of the Recorder of Deeds in and for said Cumberland County in Plan Book No. 2, page 103. No. 2. Lot No. 46, in a Plan of Cottage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Office of the Recorder of Deeds, aforesaid, in Plan Book 2, page 103, Having thereon erected a one story dwelling. No.3. Lot No. 47, in a Plan of Cottage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Recorder of Deeds Office, aforesaid, in Plan Book No. 2, page 103. No 4 Lot No 48, in a Plan of Cottage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Recorder of Deeds Office, aforesaid, in Plan Book No 2, page 103 200 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050. BEING the same premises which MARJORIE A. TANGER, NIYJA MARJORIE A. REYNOLDS, EXECUTRIX OF AND UNDER THE LAST WILL AND TESTAMENT OF MYRA B. TANGER, DECEASED by deed dated January 31, 2001 and recorded February 6, 2001 in the office of the Recorder in and for Cumberland County in Deed Book 239, Page 130, granted and conveyed to Credie F. Windcmaker, III in fee. TAX MAP PARCEL NUMBER: 38-16-1072-005 Exhibit A ROBERT P. ZIEGL.ER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 71.7-240-6370 Z9 ,- in 3i Instrument Number - 201119110 Recorded On 7/8/2011 At 1:43:36 PM * Total Pages - 5 * Instrument Type - DEED-SHERIFF'S Invoice Number - 89677 User ID - RZ * Grantor - WINDEMAKER, CREDIE F.111 * Grantee - EQUIFIRST MORTGAGE LOAN TRUST 2005-1 * Customer - CUMBERLAND CO SHERIFF * FEES STATE WRIT TAX STATE aCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE CUMBERLAND VALLEY SCHOOL DISTRICT SILVER SPRING TOWNSHIP TOTAL PAID $0.50 $23.50 $12.50 $10.00 $11.50 $2.00 $3.00 $0.00 $0.00 $63.00 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA 0 ? ? RECORDER O D EDS ?smo x - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 1111111111111 ulillllllll E AA4 U 19 11111jillill Tax Parcel No. 38-16-1072-005 Know all Men by these Presents That I, Ronny R. Anderson, Sheriff of the County of Cumberland, in the State of Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar) to me in hand paid, do hereby grant and convey to Deutsche Bank Trust Company Americas, as Trustee and Custodian for Equifirst Mortgage Loan Trust 2005-1 Writ No. 2010-7103 Civil Term Deutsche Bank National Trust Company, As Trustee for Equifirst Mortgage Loan Trust 2005-1 -vs- Credie F. Windemaker, III ALL THOSE FOUR CERTAIN lots of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows: No. 1. Lot No. 45, in a Plan of Cottage Lots known as Willow Mill Park which Plan of Lots is recorded in the Office of the Recorder of Deeds in and for said Cumberland County in Plan Book No. 2, page 103. No. 2. Lot No. 46, in a Plan of Cottage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Office of the Recorder of Deeds, aforesaid, in Plan Book 2, page 103, Having thereon erected a one story dwelling. No.3. Lot No. 47, in a Plan of Cottage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Recorder of Deeds Office, aforesaid, in Plan Book No. 2, page 103. No 4 Lot No 48, in a Plan of Cottage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Recorder of Deeds Office, aforesaid, in Plan Book No 2, page 103 200 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050. BEING the same premises which MARJORIE A. TANGER, N/K/A MARJORIE A. REYNOLDS, EXECUTRIX OF AND UNDER THE LAST WILL AND TESTAMENT OF MYRA B. TANGER, DECEASED by deed dated January 31, 2001 and recorded February 6, 2001 in the office of the Recorder in and for Cumberland County in Deed Book 239, Page 130, granted and conveyed to Credie F. Windemaker, III in fee. TAX MAP PARCEL NUMBER: 38-16-1072-005 The same having been sold by me to the said grantee on the 1st day of June Anno Domini Two Thousand and Eleven (2011) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 4th of February Anno Domini 2011 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Ten (2010) Number 7103 at the suit of Deutsche Bank National Trust Company, As Trustee for Equifirst Mortgage Loan Trust 2005-1-vs- Credie F. Windemaker, III In Witness Whereof, I have hereunto affixed my signature this 24th day of June Anno Domini Two Thousand and Eleven (2011) Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 24 th day of June Anno Domini Two Thousand and Eleven (2011) otary a ., Prothonotary, Cumberland County, Carlisle, PA My Commission Expire$ the First Monday of )an 2014 1 hereby certify that the residence And Post Office address of the Within Grantee is 10790 Rancho Bernardo Road San Diego, CA 92127 Richard W. Stewart Solicitor VERIFICATION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Property held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: IM ` L A 44--l- NAME:le U I°l TITLE: COMPANY: Ocwen Loan Servicing, LLC File # 11-040081 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?,?ttt?ln ?t t??rlrlGr?,r??f? Jody S Smith Chief Deputy Richard W Stewart Solicitor Li i f 4 i' ,• Deutsche Bank National Trust Company vs. Credie F. Windemaker, III Case Number 2011-7339 SHERIFF'S RETURN OF SERVICE 09/28/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 200 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Occupant. Request for service at 200 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050 is vacant. 09/28/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Credie F. Windemaker III, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Credie F. Windemaker III. Request for service at 200 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050 is vacant. SHERIFF COST: $64.00 September 28, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Suite Shenit. t 11 ", David- TA Ouerc Trothonotag Office of the Prothonotary Cum6ertand County, (Pennsy[vania 7337 ORDER OF TERMINATION OF COURT CASES Sononag Solicitor CIVIL TERM AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 0 Carlis, TAC (P/one 717 240-6195 0 Tax717 240-6573