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Home My WebLink About13-3280 For Prolhonolwy Use Only: uor!em a ICw urt_ :' Pie nnsyIv,ani a�. . OQz .-t l �Co tit r,,Wf 00 M . on Pleas r ; t•,r>II Cbve -r, `Sh t �- ` r Docket No. Cumb�c,l�and C oun t y �c The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and set-vice ofpleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking S E Lead Plaintiffs Name: Deutsche Bank National Trust Company, as Lead Defendant's Name: April Young C Trustee for New Century Home Equity Loan Trust, Series 2003 -4 Asset T Backed Pass- Through Certificates 1 O Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits 1V (check one) ❑ outside arbitration limits A Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No Name of Plaintiff /Appellant's Attorney: McCabe, Weisberg and Conway P.C. ❑ Check here if you have no attorney (a Self- Represented JPro Sel Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Department of Transportation ❑ Premises Liability (does not include ❑Statutory Appeal: Other S mass fort) E ❑ Slander/Libel/ Defamation ❑ Employment Dispute: ❑ Other: Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other I O ❑Other N MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant B ❑ Toxic Waste REAL PROPERTY MISCELLANEOUS ❑ Other: ® Ejectment ❑ Common Law /Statutory Arbitration ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Disput ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/201 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 r--. EDWARD D. CONWAY, ESQUIRE - ID # 34687 =' MARGARET GAIRO, ESQUIRE - ID # 34419 Co JOSEPH I. FOLEY, ESQUIRE - ID # 314675 = ` "Orn CHRISTINE L. GRAHAM, ESQUIRE - ID# 309480 123 South Broad Street Suite 1400 �- Wi t= Philadelphia, Pennsylvania 19109 y am.° (215) 790 -1010 =C3 r o r- Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003 -4 Asset Backed Pass - Through Certificates Number: l U I V. April Young, Dwayne G. Young aWa Duwayne G. Young and Occupants COMPLAINT IN EJECTMENT NOTICE AVISO You have been sued in court. If you wish to defend against the Le han demandado a usted en la torte. Si usted quiere defenderse claims set forth in the following pages, you must take action de estas demandas ex- puestas en las paginas siguientes, usted within twenty (20) days after this complaint and notice are tiene veinte (20) dial de plazo a] partir de ]a fecha de la demanda served, by entering a written appearance personally or by y la notification. Hace falta asentar una comparencia escrita o attorney and filing in writing with the court your defenses or en persona o con un abogado y entregar a la corte en forma objections to the claims set forth against you. You are warned escrita sus defensas o sus objeciones a las demandas en contra de that if you fail to do so the case may proceed without you and a su persona. Sea avisado que si usted no se defiende, la corte judgment may be entered against you by the court without further tomara medidas y puede continuar la demanda en contra suya sin notice for any money claimed in the complaint or for any other previo aviso o notification. Ademas, la corte puede decidir a claim or relief requested by the plaintiff. You may lose money favor del demandante y requiere que usted cumpla con todas las or property or other rights important to you. provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LLEVE ESTA DEMANDA A UN ABOGADO LAWYER AT ONCE. IF YOU DO NOT HAVE A INMEDIATAMENTE. SI NO TIENE ABOGADO O LAWYER OR CANNOT AFFORD ONE, GO TO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR OR TELEPHONE THE OFFICE SET FORTH TAL SERVICO, VAYA EN PERSONA O LLAME BELOW TO FIND OUT WHERE YOU CAN GET POR TELEFONO A LA OFICINA CUYA HELP. DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Cumberland County Bar Association 32 South Bedford Street Pennsylvania 17013 32 South Bedford Street Carlisle, Penns y Carlisle, Pennsylvania 17013 (800) 990 -9108 (800) 990 -9108 ao s R� a Cl 1 (0 0-1 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CHRISTINE L. GRAHAM, ESQUIRE - ID# 309480 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003 -4 Asset Backed Pass - Through Certificates 1610 East St. Andrews Place Santa Ana, California 92705 Number: vs. April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants 290 Liberty Drive Shippensburg, Pennsylvania 17257 COMPLAINT IN EJECTMENT 1. Plaintiff is the owner of the premises known as 290 Liberty Drive, Shippensburg, Pennsylvania 17257, by virtue of a Sheriffs Deed executed and delivered to Plaintiff on the 4th day of February, 2013 and recorded in Cumberland County on the 5th day of March, 2013 as Instrument Number 201307119. The legal description of which is set forth in the Sheriff s Deed which is attached hereto as Exhibit "A." 2. Plaintiff acquired title by reason of a Sheriffs Sale conducted by the Sheriff of Cumberland County on December 5, 2012, by reason of Writ of Execution issued out of Cumberland County Court of Common Pleas, Number 04 -4893 CIVIL at the suit of New Century Home Equity Loan Trust Series 2003 -4 Asset - Backed Pass Through Certificates v. April Young and Dwayne G. Young a/k/a Duwayne G. Young. 3. Defendants April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants are in possession of the foregoing described premises without title, color of title, or benefit of a lease from Plaintiff. 4. Defendants are wrongfully and unlawfully in possession of the premises. 5. Defendants have no rights of possession to said premises. 6. By reason of the aforesaid Sheriff's sale, Plaintiff holds paramount title to the premises but Defendants continue to unlawfully and willfully retain possession and keep Plaintiff out of possession thereof and refuse to vacate and deliver up the said premises to Plaintiff. 7. No landlord tenant relationship exists between Plaintiff and Defendants, either written or oral, express or implied, and no such relationship was created as a result of the mortgage foreclosure. 8. Because there is no landlord tenant relationship - this is an action in ejectment, not eviction - there is no requirement to give Defendants a notice to quit or vacate the premises. Further, the commencement of an action in foreclosure culminating in a sheriffs sale, followed by the filing of a complaint in ejectment should have put Defendants on notice that Plaintiff intends to recover full interest, title, and possession of the premises. 9. Notwithstanding the aforesaid, Defendants have willfully remained in possession of Plaintiff's property and refuse, and still refuse to vacate the premises and continue to occupy the same. WHEREFORE, Plaintiff demands a judgment be entered in its favor for possession of the property. McCABE, WEISBERG, AND ONWAY, P.C. BY: Atto ys for Plaintiff NCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE OSEPH I. FOLEY, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE VERIFICATION I, the undersigned, hereby verify that I am the attorney for the Plaintiff in this action, and that I am familiar with the matters set forth in the within action, that I am authorized to make this verification, and that the forgoing facts are true and correct to the best of my knowledge, information and belief, and further state that false statements herein are made subject to the penalties of 18 PA.C.S. § 4904 relating to unsworn falsifications to authorities. McCABE, WEISBERG, AND CONWAY, P.C. BY: Attor s for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAlRO, ESQUIRE " .�OSEPH I. FOLEY, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE Deutsche Bank National Trust Company, as Trustee for New Century Home Equity Loan Trust, Series 2003 -4 Asset Backed Pass- Through Certificates v. April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants _.. :. .. 002WGG Tax Parcel No. 39 -37- 2092 -122 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 National Trust Company, as Trustee for New Century Home Equity Loan Trust, Series 2003 -4 Asset Backed Pass - Through Certificates Writ No. 2004 -4893 Civil Term New Century Home Equity Loan Trust Series 2003 -4 Asset - Backed Pass Through Certificates Vs April Young Dwayne G. Young, A/K/A Duwayne G. Young ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows; BEGINNING at an iron pin on the easterly edge of Liberty Drive at corner of Lot C -4 on the hereinafter referred to plan of lots; thence by said Lot C -4 and Lot C -5 on said plan of lots, North 79 degrees 39 minutes 0 seconds East 200.31 feet to an iron pin at corner of Lot C -1 on said plan of lots; thence by said Lot C -1, South 10 degrees 40 minutes 0 seconds East 180.91 feet to a parker kalon nail in the center line of State Route 3002 known as the Cleversburg Road; thence j with the center line of the Cleversburg Road, South 79 degrees 11 minutes 0 seconds West 96.32 feet to a parker kalon nail at corner of Lot C -3; thence by said Lot C -3, North 10 degrees 21 minutes 0 seconds West 151.69 feet to an iron pin; thence by the same, South 79 degrees 39 minutes 0 seconds West 105 feet to an iron pin on the easterly edge of Liberty Drive; thence with the easterly edge of Liberty Drive, North 10 degrees 21 minutes 0 seconds West 30 feet to an i iron pin, the place of beginning, containing 20,521 square feet. ' IMPROVEMENTS consist of a residential dwelling. MUNICIPALITY SOUTAMPTON TOWNSHIP' H t BEING PREMISES: 290 Liberty Drive Shippensburg, PA 17257 r SOLD as the property of. APRIL YOUNG and DWAYNE G. YOUNG AJK/A DLWAYNE G. YOUNG Deed Book 259 page 910 TAX PARCEL 439 -37- 2092 -122 i Exhibit A '1 '. ... The same having been sold by me to the said grantee on the 5th day of December Anno Domini Two Thousand and Twelve (2012) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 29th of August Anno Domini 2012 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Four (2004) Number 4893 at the suit of New Century Home Equity Loan Trust Series 2003 -4 Asset - Backed Pass Through Certificates —vs- April Young and Dwayne G. Young, A/K/A Duwayne G. Young I . - i In Witness Whereof, I have hereunto affixed my signature this 4th f February Anno Domini Two Thousand and Thirteen (2013) Ronn . Anderson, Sheri ff 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 plight be recorded. Witness my hand and seal of said Court, this 4th day of February Anno Domini Two Thousand and Thirteen (2013) P thonotary Prothonotary, Cumberletid County, Carlisle, PA My Commisaan tx&h O)e First a"w1ay oldan. 2014 .� i hereby' E* r And P.0 .sf;�3f_e;d�ss of li'e . ,::.,.. Within Gt• Otce.is �,;•: ;' 1610 East St. Att Santa Ana, CA 927 + �,�Z�`' Ric and W. Stewart Solicitor j ROBERT P. ZIEGLER RECORDER OF DEEDS, CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 r . - �i a � 717 - 240 -6370 Instrument Number - 201307119 Recorded On 3/5/2013 At 11:06:15 AM * Total Pages - 5 • Instrument Type - DEED - SHERIFF'S Invoice Number - 130818 User ID - KW • Grantor - YOUNG, DUWAYNE G • Grantee - NEW CENTURY HOME EQUITY LN TR • Customer - SHERIFF /KML LAW GROUP * FEES STATE TRANSFER TAX $1,193.50 Certification Page STATE WRIT TAX $0.50 ji STATE JCS /ACCESS T O $23. DO NOT DETACH JUSTICE RECORDING FEES — $12.50 This page is now part RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 SHIPPENSBURG AREA $596.75 SCHOOL DISTRICT SOUTHAMPTON TOWNSHIP $596.75 TOTAL PAID $2,450.00 j I Certify this to be recorded in Cumberland County PA cup � ° RECORDER O D EDS t�ao * - information denoted by an asterisk may change during the veritication process and may not be reflected on this page. 002WGG III IIIIIIIIIIIII{IIIIIIIIIII SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson THE PRO ! ' +fir ,, r Sheriff �s u L .tttt' of itltl�tC', 0 i i t � Jody S Smith '' 2013 JUN 21 AM 10: 31 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor FCE C. w s,.ERfFr PENNSYLVANIA Deutsche Bank National Association vs. Case Number April Young (et al.) 2013-3280 SHERIFF'S RETURN OF SERVICE 06/10/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Wit,_ una .e o ocaJe the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Ejectment as Not Found"at 290 Liberty Drive, Southampton Twp, Shippensburg, PA 17257. There were no Occupants other than the defendant. 06/10/2013 01:55 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint in Ejectment by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: - Pri 90 t rt noe Southampton Twp, Shippensburg, PA 17ira TIM LA K, DEPUTY 06/10/2013 01:55 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint in Ejectment by handing a true copy to a person representing themselves to be April Young, wife of defendant,who accepted as"Adult Person in Charge" Diivayne G Young at 290 Liberty©rive; Southampton Twp, Shippensburg, PA 172 TIM BLACK, DEPUTY SHERIFF COST: $83.06 SO ANSWERS, June 12, 2013 RON R ANDERSON, SHERIFF ;re�;i` re.Osoft.Inc. N APRIL YOUNG 4 a t C)TA;<' DUWAYNE YOUNG 290 LIBERTY DRIVE f J J!1,7',' ILI$ pri 1: c SHIPPENSBURG,PENNSYLVANIA 17257 (717)404-7047 M S L.R L A N Q COUNTY PENNSYLVANIA Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMAN PLEAS Pass-through Certificates 1610 East St. Andrews Place Number: 13-3280 Civil Santa Ana,California 92705 Vs. APRIL YOUNG,DWAYNE YOUNG a/k/a DUWAYNE YOUNG and Occupants 290 Liberty Drive Shippensburg,Pennsylvania 17257 ANSWER TO COMPLAINT IN EJECTMENT 1. DENIED The plaintiff may have received the premises known as 290 Liberty Drive Shippensburg, Pennsylvania 17257 by Sheriffs sale but they did not have the right to buy the property. The Plaintiff came into a judgment for said property in a illegal manner. They would not have gotten judgment if not for Plaintiff Attorney putting a stop to any and all refinancing. 2. DENIED They may have acquired said property at sheriff sale but did not do so in a legal manner. 3. DENIED If April Young and Duwayne Young and Occupants are in possession of the foregoing described premised without title,color of title, or benefits to Plaintiff why are they still billing for payment for said property. EXHIBIT A-H. 4. DENIED 5. DENIED Defendants have every right to have possession to the premises because of the way the Plaintiffs got the Sheriff sale. 6. DENIED If the Plaintiffs would have cooperated with Lenders they would have gotten paid for said property instead of getting it in Sheriff sale. 7. ADMITTED 8. DENIED The Plaintiffs had no right to get the said property in a Sheriff sale by tricky and lies. Refinancing could have happen. 9. DENIED the Defendants remain on the property because said property should still belong to the Defendants if for not the untruths my the Plaintiff. Plus the Defendants are to being billed to stay on the property even they know I have a right to be on said property. WHEREFORE,Defendants respectfully requests that the complaint be dismissed. NEW MATTER 10. If The Plaintiffs would have cooperated with Lenders they would have gotten paid for said property at 290 Liberty Drive Shippensburg Pennsylvania 17257 in 2006, 2008,2009,2010,2011, and again in 2012. The Plaintiffs own Attorney went in a Cumberland County Court Room and said that he did not cooperated with lenders and after Attorney not cooperating Defendants would go to the New Century where they would give a pay-off of 1000s more then judgment.EXIIIBIT I you can see that they gave a pay-off of 160859.31. EXHIBIT J you can see they gave a pay-off of 177144.15. 11. The Defendants are entitled to the property because of the fact that in Bankruptcy Court the Plaintiffs would go into court and say that the Defendants would not make there payments when they did so they could take possession of said property. As you can see payments made between 12/2007-5/2008 by Duwayne Young's employer EXHIBIT K they are 81payments but in EXHIBIT L you can see that New Century only gave credit for 65 and one is for 2.75 cents instead of 275.00. That doesn't count the payments that was returned or just not cashed. Proving that the Plaintiffs could have gotten paid if not for incompetence on their part. 12.Even the Plaintiff believe that the Defendants have right to the property at 290 Liberty Drive in Shippensburg Pennsylvania 17257 base on the facts that they are still mailing them monthly statements until the month of June 2013. If the Defendants did not have claim to said property the Plaintiffs would not be giving monthly statements. EXHIBIT A-H. 13. The Plaintiffs would not have gotten the property at 290 Liberty Drive in Shippensburg,Pennsylvania 17257 if not for trickery and lies. Giving wrong pay-off amounts or not settling disputes with the Defendants as shown in EXHIBITS I THOUGH L. 14. The said property should be returned to APRIL YOUNG AND DUWAYNE YOUNG on the bases that they tried the pay for the property and NEW CENTURY WOULD NOT EXCEPT PAYMENT IN FULL. DATE June 26, 2013 bRIL YOUNG D AYNE YOUNG 290 LIBERTY DRIVE SHIPPENSBURG,PENNSYLVANIA 17257 VERIFICATION I,the undersigned,hereby verify that the forgoing facts are true and correct to the best of my knowledge, information and belief, and further state that false statements herein are made subject to the penalties of 18 PA.C.S. 4904 relating to unsworn falsifications to authorities. APRIL YOUNG JDUWAYNE YOUNG 290 LBERTY DRIVE SHIPPENSBURG,PENNSYLVANIA 17257 (717)404-7047 CARRINGTON MOIdTGAGE SERVICES, LLC P.O.BOX 692408 S4N ANTONIO,TX 78269-2406 2544 0.7640 MB 0.405 16 11 5 I��'11�1111�1�11�11��111'III'�'11111��1�111'llll��lml�lnl��i APRIL YOUNG JUNE 6, 2013 290 LIBERTY DR SHIPPENSBURG PA 17257-8239 Subject: Please provide insurance information for: Property Address: 290 LIBERTY DRIVE Coverage Amount: $139,258 SHIPPENSBURG,PA 17253 Fire Insurance Expiration Date: 06/01/13 Loan Number: 1005952 NOTICE TO PROVIDE FIRE INSURANCE Dear April Young: We want to let you know that our records indicate your fire/homeowner's insurance expired on the date noted above. We must receive evidence of the continuation of your insurance coverage as soon as possible. Please read the important information and instructions contained in the letter. Your loan agreement requires you maintain fire insurance covering your home, at all times. If you fail to provide or maintain fire insurance effective from the date shown above, or if the insurance you provide does not meet our requirements, we may purchase fire insurance at your expense. The annual premium for this policy will be $1,128.00 and will be billed as a monthly installment. The cost of the insurance we purchase is likely to be much higher than the cost of the insurance you could obtain on your own. The insurance we purchase will be primarily for our benefit, may not fully cover your interest in the property, and will not provide all of the coverages included in your prior policy, such as liability and contents coverages. The fire insurance we obtain will supersede any lender coverage remaining in effect under your previous insurance policy. Obtaining your own insurance is in your best interest. Please provide us with written proof of an acceptable replacement policy as soon as possible by asking your agent to either fax us a policy declaration page at (866) 493-1441, or mail it to the address shown below. Please ensure that the documentation references your loan number listed above, and that the Mortgagee-Payee Clause reads: —' CARRINGTON MORTGAGE SERVICES,LLC ISAOA/ATIMA P.O. BOX 692408 SAN ANTONIO, TX 78269-2408 CRGO47 016900FDCP19912120101 01 EXRRmINSLTR1 F005 1005952 April Young Or you may update your fire insurance coverage information online at www.imeovered.com/carrington. It is very important that we receive this information in our office within thirty (30) days. Once we have received the information,we will update our records. If we purchase insurance because we have not received proof of acceptable insurance from you, the insurance we obtain will remain in effect until you provide us with evidence of other acceptable coverage. You may cancel the insurance we obtain at any time by providing us evidence of other acceptable coverage. When you provide proof of acceptable coverage, the policy we obtain will be cancelled as of the effective date of your own insurance, and you will receive a refund for any unearned premium, as calculated by the insurance company. In connection with the services performed to obtain such lender placed insurance on your behalf one of our affiliates may receive a commission. We strongly recommend that you obtain your own insurance coverage. If you have questions, or need any additional information, please feel free to call our Customer Care Department toll free at (866) 735-4867. Our Customer Care professionals are available to assist you from 7:00 a.m to 9:00 p.m, Central Time, Monday through Friday, except major holidays. Sincerely, Fire Insurance Processing Center Carrington Mortgage Services, LLC IMPORTANT BANKRUPTCY INFORMATION If you or your account is subject to pending bankruptcy proceeding, or if you received a bankruptcy discharge, this letter is for informational purposes only and is not an attempt to collect a debt. i 4, Reference#: 6900 Unique Identifier#: 3817996201 CRGO48 026900FE)CP19912120102 01EXH RED INS LTR1 F005 ~ � Y Customer Service 1-800-561-4567 Mon-Fri 6:OOAM to 6:OOPM Pacific Time CARRINGTON Refinance Inquiries 1-888-267-2451 Mon-Fri 6:OOAM to 6:OOPM Pacific Time Visit us online at: mytoan,carringtonms.com P.O. Box 54285•Irvine,CA 92615'-4285 Mortgage Statement. Statement Date 04/18/13 13597 RE 01/07 Loan Number 000=5952 1{{I{t{"1{`{"{'t{Ilttll{`Idlll{'fltiltt{{'I"i{{1`t't"t{{I{'t Property Address: 290 LIBERTY DRIVE APRIL YOUNG SHIPPENSBURG PA 17253 290 LIBERTY DR SHIPPENSBURG PA 17257-8239 Loan Due Date 03/01/06 Current Payment Due Date 05/01/13 Current Payment Due Principal and Interest $873.33 rill' Escro w* $1,944.38 Unpaid Principal Balance $110,393.21 Optional Products $ .00 Deferred Balance(s) N/A Other $ .00 Escrow Balance -$26,306.62 Other Amounts Due Suspense Balance $873.33 past Due Paytnent(s) $93,955.53 Negative Amortization Balance* N/A Short Poyment(s) $ .00 Default C $24, 119.54 ost Cost(s) Interest Rate 8.50000% NSF Fees $20.00 Maturity Date 09/2033 Pay By Phone Fees $ .00 Modification Date N/A Unpaid Late Charges $9, 153.20 Interest Paid Year-To-Date $ .00 Other Fees or Casts $ .00 Taxes Paid Year-To-Date* $ .00 TOTAL AMOUNT DUE $130,065.98 *Please sae the reverse side of this statement for additional information. Tw Date Description :Amount Principal J Interest I Escrow I Late Charge I Suspense I Miscellaneous 04/02 Hazard Insurance $93.96 -$93.96 Disburseeent Special Messaaes Announcing CMS Direct Pay Service! We are now able to draft your payments from your chocking or savings account automatically every month.The program can save you time and give you peace of mind knowing your monthly mortgage payments are taken care of. Please call our Customer Service department at(800)561-4567 to see If you quality. Our records Indicate that you are currently covered under Lender Placed Hazard Insurance. Obtaining your own insurance could save you money. Please see the reverse side of this statement for important Insurance information. Please detach the coupon portion of this statement and mail it with your check or money order to the Payment Processing Center using the return envelope provided.Be sure that the address shows through the window of the envelope. Be sure to write your account number an your check or money order. PLEASE DO NOT SEND CASH. Do not delay payments if you ore awaiting correspondence,research or a now billing statement. Please do not send the entire statement or Include correspondence with your payment. CARRINGTON Customer Service 1-800-561-4567 Mon-Fri 6:OOAM to 6:OOPM Pacific Time Refinance Inquiries 1-888-267-2451 Mon-Fri 6:OOAM to 6:OOPM Pacific Time MORTGAGF SERVICES, LLC Visit us online at: myloan.carringtonms.com P.O.Box 54285•Irvine,CA 92619-4285 Mortgage Statement i 01 Statement Date 03/18/13 13860/ RE 01/01 Loan Number 0001005952 Property Address: 290 LIBERTY DRIVE APRILYOUNG SHIPPENSBURG PA 17253 290 LIBERTY DR SHIPPENSBURG PA 17257-8239 tlnentin orirllaRlivni . . Loan Due Date 03/01/06 Current Payment Due Date 04/01/13 Current Payment Due n and Interest Principal a $873.33 I.f�Rtp.gti�arlC�A Escrow' $1 ,944.38 Unpaid Principal Balance $110,393.21 Optional Products $ .00 Deferred Balance(s) N/A Other $ .00 Escrow Balance -$2G,212.64 Suspense Balance $873.33 Other Amounts Due N/A Past Due Payment(s) $91 , 137.82 Negative Amortization Balance* ,,,..,,.,.,..,.. Short Payment(s) $ .00 ............................................................................................................... Default Costs $24, 119.54 119.5 4 .. ,....:. .. ' '{�lan..lA!. salon Cost(s) o , Interest Rate 8.50000/ NSF Fees $20.00 Maturity Date 09/2033 Pay By Phone Fees $ .00 Modification Date N/A Unpaid Late Charges $9, 109.54 Interest Paid Year-To-Date $ .00 Other Fees or Costs $ .00 Taxes Paid Year-To-Dote' $ .00 TOTAL AMOUNT DUE $127,204.61__, 'Please see the reverse side of this statement for additional information. ..... .... ,ctri Xer�.at 51<at� t Date Description Amount Principal Interest Escrow Late Charge Suspense Miscellaneous 03/08 Hazard Insurance $93.98 -$93.98 Disbursement 02/19 FCL RECORDATION COSTS $2,387.00 Billed special Messages Announcing CMS Direct Pay Service! We are now able to draft your payments from your checking or savings account automatically every month.The program can save you time and give you peace of mind knowing your monthly mortgage payments are taken care of. Please call our Customer Service department at(800)561-4567 to see if you quality. Our records indicate that you are currently covered under Lender Placed Hazard Insurance. Obtaining your own insurance could save you money. Please see the reverse side of this statement for important insurance information. ic%,o6%4 b ;4 Csso Please detach the coupon portion of this statement and mail it with your check or money order to the Payment Processing Center using the return envelope provided.Be sure that the �ARRINGT®N Customer Service 1-800-561-4567 Mon-Fri 6:OOAM to 6:OOPM Pacific Time Refinance Inquiries 1-888-267-2451 Mon-Fri 6:OOAM to 6:OOPM Pacific Time MORTGAGE SERVICES, LLC Visit us online at: myloan.carringtonms.com P.O.Box 54285•Irvine,CA 92619-4285 Mortgage Statement Statement Date 02/18/13 14776/ RE 01/01 loan Number 0001005952 II'lllltrl�'�"�'l�llllll�'I'1111 'lllllll��'I"I��I'i'I"l��l�'I property Address: 290 LIBERTY DRIVE �t APRILYOUNG SHIPPENSBURG PA 17253 i 290 LIBERTY DR SHIPPENSBURG PA 17257-8239 Q kY49lt!lln fiiCtl7al`. . Loan Due Date 03/01/06 Current Payment Due Date 03/01/13 Current Payment Due Principal and Interest $873.33 i�QOd; IlOC48: Escrow' $1,944.38 Unpaid Principal Balance $110,393.21 Optional Products $ .00 Deferred Balance(s) N/A Other $ .00 Escrow Balance -$26, 118.66 Suspense Balance $873.33 Other Amounts Due Negative Amortization Balance' N/A Past Due Payment(s) $88,320. 11 Short Payment(s) $ .00 Default Cost(s) 21 732.54 C ::>::::::::::>::::>::::>:>Liean el#t�r�ltllo�ttit>'el.............................. . () Interest Rate 8.50000% NSF Fees $20.00 Maturity Date 09/2033 Pay By Phone Fees $ .00 Modification Date N/A Unpaid Late Charges $9,065.88 Interest Paid Year-To-Date $ .00 Other Fees or Costs $ .00 Taxes Paid Year-To-Date' $ .00 TOTAL AMOUNT DUE $121,956.24_ 'Please see the reverse side of this statement for additional information. .: :::: ::...:.. L ....:. $itlC� :StglfEeri .................................................... 1t. Date Description Amount Principal Interest Escrow Late Charge Suspense Miscellaneous 01/31 Hazard Insurance $93.98 -$93.98 Disbursement 01/24 FCL LITIGATION FEES $350.00 Billed 01/24 FCL SHERIFF'S FEES AND $25.00 COSTS Billed 01/24 FCL RECORDATION COSTS $52.00 Billed 01!24 FCL TITLE FEFS Billed $375:00 Special Messages Announcing CMS Direct Pay Service! We are now able to draft your payments from your checking or savings account automatically every month.The program can save you time and give you peace of mind knowing your monthly mortgage payments are taken care of. Please call our Customer Service department at(800)561-4567 to see if you quality. Our records indicate that you are currently covered under Lender Placed Hazard Insurance. Obtaining your own insurance could save you money. Please see the reverse side of this statement for important insurance information. ft V,N, 4. T> Please detach the coupon portion of this statement and mail it with your check or money order to the Payment Processing Center using the return envelope provided.Be sure that the CARRINGTON P.O. Box 54285, Irvine, CA 92619-4285 NtoRTG.AGE SERVICES, LIX (888) 788-7306 Fax(949) 517-5220 February 11, 2013 APRIL YOUNG 290 LIBERTY DR SHIPPENSBURG, PA 17257-8239 Property Address: 290 LIBERTY DRIVE SHIPPENSBURG, PA 17253-0000 RE: Loan Number: 1005952 Dear Mortgagor(s): At CMS we recognize that federally-declared, major natural disasters can cause our customers significant personal and financial hardship and that recovering from such disasters may often be difficult. We were recently notified of a Major Disaster Declaration in your community by the Federal Emergency Management Agency (FEMA). In response to such catastrophic events and to meet the needs of our valued customers, CMS has a program that evaluates, on a case-by-case basis, each affected customer's situation and eligibility for potential, individually-tailored relief. CMS customers who have been forced to evacuate their personal residence or whose homes have been damaged or destroyed as a result of a federally-declared, major natural disaster, may contact CMS to determine if they qualify for any of the following payment relief and other customer accommodations: • Waiver of assessments of penalties or late fees, • Payment deferments, • Forbearance or repayment plans, or • Suspension of credit reporting to reporting agencies while on a forbearance or repayment plan. For specific details regarding this program please contact us at(800) 790-9503 Monday through Friday from 5:00 a.m. to 6:00 p.m., Pacific Time. Sincerely, Customer Service Department Carrington Mortgage Services, LLC -IMPORTANT BANKRUPTCY NOTICE If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney. D525ND_CMS Page 1 of 2 2270178200 CARRINGTON N1 0RTG1Gh; SFHV ICh:S, LLC 02/09/13 FOR INFORMATIONAL PURPOSES ONLY APRIL YOUNG 290 LIBERTY DR SHIPPENSBURG PA 17257 Re: Loan Number 0001005952 Dear Borrower (s) : In accordance with specific provisions in your Adjustable Rate Note your loan was recently analyzed for possible interest rate and/or payment adjustments. The following information will be applied to the loan as a result of this analysis. The interest rate adjustment date for the loan is 03/01/13, with a corresponding payment change effective date of 04/01/13. The projected principal balance on the interest rate Change Date is $ 101573. 13. Current Index Rate 0.72590`° New Index Rate 0.468400 Current Interest Rate 8 . 50000% New Interest Rate 8.500000 Current Payment $ 873. 33 New Payment $ 873.33 The index used to establish the new interest rate is the 6 month LIBOR as made available as of the first business day of the month immediately preceding the interest rate Change Date. The new interest rate was determined by adding the index value of 0. 46840% plus the margin of 5.75000%, and then rounding to the nearest . 125% (subject to the interest rate cap limitations as specified in your Adjustable Rate Note) . The interest rate at the first Change Date may not increase more than 1.500000 or decrease more than 1.50000% from the original interest rate of 8.50000% . Thereafter the interest rate will never be increased or decreased on any subsequent Change Date by more than 1.50000% per adjustment. The next date the interest rate on the loan is scheduled to change is 09/01/13. Effective 04/01/13, your new principal and/or interest payment will be $ 873.33. Your total payment, with impounds if applicable, will be $ 999.33; however, this figure may change further for escrowed loans due to future escrow analyses . If you have any questions concerning this notice, please contact our Customer Service Department at 800.561.4567, Monday through Friday, 6: 00 AM to 6: 00 PM, Pacific Standard Time. ' ,� Vo - Customer Service 1-800-561-4567 Mon-Fri 6:OOAM to 6:OOPM Pacific Time CARRINGTONRefinance Inquiries 1-888-267-2451 Mon-Fri 6:OOAM to 6:OOPM Pacific Time Visit us online at: myloan.carringtonms.com P.O. Box 54285•Irvine,CA 92619-4285 Mortgage Statement Statement Date 01/18/13 14129/ RE 01/01 Loan Number 0001005952 I��I�I�"I�r�"�'I�IIIIII�'I'1111 'lllllli��'1"I��I'I'I"I��I�'I Property Address: 290 LIBERTY DRIVE APRILYOUNG SHIPPENSBURG PA 17253 290 LIBERTY DR SHIPPENSBU RG PA 172S7-8239 I�� FttA6ltt.ft1�01'lYlfEi`�DrA Loan Due Date 03/01/06 Current Payment Due Date 02/01/13 Current Payment Due Principal and Interest $873.33 {.QalJ1�aCltk�@b Escrow` $1 ,944.38 Unpaid Principal Balance $110,393.21 Optional Products $ .00 Deferred Balances) N/A Other $ .00 Escrow Balance -$26,024.68 Other Amounts Due Suspense Balance $873.33 Negative Amortization Balance' N/A Past Due Payment(s) $85,502.40 Short Payments) $ .00 IflfOT9f!>I �QIt Default Cost(s) $20,930.54 Interest Rate 8.50000% NSF Fees $20.00 Maturity Date 09/2033 Pay By Phone Fees $ .00 Modification Date N/A Unpaid Late Charges $9,022.22 interest Paid Year-To-Date $ .00 Other Fees or Costs $ .00 Taxes Paid Year-To-Date' $ .00 TOTAL AMOUNT DUE $118,292.87 Please see the reverse side of this statement for additional information. tj/ 1 Cat .. C :.> ... » Ytf4ty#fit#gtli # Date Description Amount Principal Interest Escrow Late Charge Suspense Miscellaneous 01/17 BROKERS PRICE OPINION $90.00 FEE Billed 01/15 AUTOMATED VALUATION $9.00 MODEL FEE Billed 01/02 Hazard Insurance $93.98 -$93.98 Disbursement Special Messages Announcing CMS Direct Pay Service! We are now able to draft your payments from your checking or savings account automatically every month.The program can save you time and give you peace of mind knowing your monthly mortgage payments are taken care of. Please call our Customer Service department at(800)S61-4567 to see if you quality. Our records indicate that you are currently covered under Lender Placed Hazard Insurance. Obtaining your own insurance could save you money. Please see the reverse side of this statement for important insurance information. Please detach the coupon portion of this statement and mail it with your check or money order to the Payment Processing Center using the return envelope provided.Be sure that the nddr...�M�.thrn„n6 t6n uindn u nF t6n.n elnna R.<„r.to rim n„r n�rnunt n,,,nh.r nn.n„r�6.�4 nr,nnn. .�a.r PI FASF n0?JnT SFND[ASH Dn not deln�nn�,n.nt.if Customer Service 1-800-561-4567 Mon-Fri 6:OOAM to 6:OOPM Pacific Time G ��N��ON Refinance Inquiries 1-888-267-2451 Mon-Fri 6:OOAM to 6:OOPM Pacific Time MORTGAGE SERVICES, LLC Visit us online at: myloan.carringtonms.com P.O.Box 54285•Irvine,CA 92619-4285 Mortgage Statement Statement Date 12/18/12 14442/ RE of/oi Loan Number 0001005952 Property Address: 290 LIBERTY DRIVE ,. APRILYOUNG SHIPPENSBURG PA 17253 �.., 290 LIBERTY DR SHIPPENSBURG PA 17257-8239 ilY tnell!#tEDI'!11♦F1IOd Loan Due Date 03/01/06 Current Payment Due Date 01/01/13 Current Payment Due Principal and Interest $873.33 Lalatn BialsrEnt*# .: ..... -> Escrow` $1 ,944.38 Unpaid Principal Balance $110,393.21 Optional Products $ .00 Deferred Balance(s) N/A Other $ .00 Escrow Balance -$25,930.70 Other Amounts Due Suspense Balance $873.33 Negative Amortization Balance' N/A Past Due Payment(s) $82,684.69 Short Payments) $ .00 2 83 1 .54 f De au It C ost s $ O, Interest Rate 8.50000% NSF Fees $20.00 Maturity Date 09/2033 Pay By Phone Fees $ .00 Modification Date N/A Unpaid Late Charges $8,978.56 Interest Paid Year-To-Date $ .00 Other Fees or Costs $ .00 Taxes Paid Year-To-Date` $2,011 .09 TOTAL AMOUNT DUE $115,332.50 'Please see the reverse side of this statement for additional information. /#ty'�li>rM 11 YOr}#�M ilt ..... Date Description Amount Principal Interest Escrow Late Charge Suspense Miscellaneous 11/30 Hazard Insurance $93.98 -$93.98 Disbursement Special Messages Announcing CMS Direct Pay Service! We are now able to draft your payments from your checking or savings account automatically every month.The program can save you time and give you peace of mind knowing your monthly mortgage payments are taken care of. Please call our Customer Service department at(800)561-4567 to see if you quality. Our records indicate that you are currently covered under Lender Placed Hazard Insurance. Obtaining your own insurance could save you money. Please see the reverse side of this statement for important insurance information. E yt,W, )0"14 4 Please detach the coupon portion of this statement and mail it with your check or money order to the Payment Processing Center using the return envelope provided.Be sure that the 11/27/2006 12:28 FAX 8004876138 (a 001/003 '115 NF—w CENTURY 0001005952 P.O.Box 54285 Irvine,CA 92519-4285 600.561.4567 Fax 949.517.5220 www.myloan.newcontury.com 11/27/06 PAYOFF STATEMENT To; NCM/ LOSS MIT FAX: 800 391 8535 Loan Number: 0001005952 Re; Mortgagor: .APRIL YOUNG Co-Mortgagor: Property: 290 LIBERTY DRIVE SHIPPENS13URG PA 17253-0000 These figures are good to 12/01/06 subject to the conditions herein. This loan is due for the 10/01/03 The current total unpaid principal balance is $ 112500.00 Interest at: 8.50000 $ 33609 ,51 Recording Fee: $ 27.00 Other Unpaid Fees: $ 6725.50 Recon/ Release Fee: $ 13 .00 Faxing Fee; $ 0.00 Optional Insurance: $ 0.00 Late charges: $ 1739.16 Escrow Impound Shortage: $ 6245.14 Prepayment Penalty: $ 0.00 * * * TOTAL AMOUNT TO PAY LOAN IN FULL * * * $ 160859.31 Funds received on or after 12/01/06 will require an additional $ 34.6747 interest per day. >> THE PAYOFF AMOUNT CONTAINED HEREIN IS EXPRESSLY SUBJECT TO KK >> VERIFICATION PRIOR TO THE CLOSE OF ESCROW AND DISBURSEMENT KK >> OF PAYOFF FUNDS. ADDITIONAL FEES AND/OR COST OR OTHER KC >> ADVANCES MAY HAVE OCCURED AFTER THE DATE OF THIS PAYOFF >> STATEMENT. NEW CENTURY MORTGAGE CORPORATION RESERVES THE KK >> RIGHT TO RETURN ANY AND ALL PAYOFFS THAT ARE SHORT. GK 7> KK >> ONLY CERTIFIED FUNDS, TITLE COMPANY ESCROW TRUST CHECKS, « >> CLOSING ATTORNEY TRUST ACCOUNT CHECKS, OR BANK WIRES WILL < >> BE ACCEPTABLE FORMS OF PAYMENT �{ Please remit payoff checks at the address below: 1610 E. St. Andrew Place Suite B-150 Santa Ana, CA 92705 Attention: Cashiering 3-38 Page 1 of 3 PAGE 111 MAT AT 1112730611:23:21 AM Fack Standard Time]3 SYR:RHOARD-W11 t DNIS:2000:CSID:800481613$a DURATION(mm-ss):00-50 . EY � MI II•��r� �� i64�11�11M ' INOMW 06/0/2007 FRI 9:34 FAX 2144205920 FIUBDING 042/004 05131/2007 08:53 FAX �441/043 r,) NEW CENTURY 0001005952 60X as � /a7 54205 Wne,CA SM 9.4285 80.581.45 Fax 949.517,52 mylaen.newwrnury c m A PAYOFF STATEMENT To: FIX HARBOR FAX# 866 587 4684 PH# 866 907 2626 SM Loan Number: 0001045952 Re: Mortgagor: APRIL YOUNG CO-Mortgagor Property; 290 LIBERTY DRIVE SHIPPENSBURG PA 17253-0000 These figures are good to 06/08/07 subject to the conditions herein. This loan is due for the 10/01/03 The current total unpaid principal balance is $ 112500.00 Interest at: 8.50000 $ 401 2.52 Recording Fee: $ 27.00 Other Unpaid Fees: $ 15416.69 Rec©n/ Release Fee: $ 21 ,00 Faxing Fee: $ 0. 00 Optional Insurance; $ 0.00 Late charges: $ 2063 .24 Escrow Impound Shortage; $ 6973.70 Prepayment Penalty; $ * * TOTAL AMOUNT TO PAY LOAN IN FULL * * $ 177144.15 Funds received on or after 06/08/07 will require an - additional $ 34.2894 interest per day. >> THE PAYOFF AMOUNT CONTAINED HEREIN IS WRESSLY SMJECT TO c< >> VERIFICATION PRIOR TO THE 0x99 OF ESCROW AND DISBURSEMENT << >> OF PAYOFF FUNDS. ADDITIONAL FEES AND/OR COST OR OTHER <c 7> ADVANCES MAY HAVE OCCUR.EiD AFTER- THE DATE OF THIS PAYOFF >> STATEM sNT. NEW CENTURY MORTGAGE CORPORATION RESERVES TM « >> RIGHT TO RETURN ANY AND ALL PAYOFFS THAT ARE SHORT. « >> ca >> ONLY CERTIFIED PUNDS, TITLE COMPANY ESCROW TRUST CHECKS, t< >> CLOSING ATTORNEY TRUST .ACCOUNT CHECKS, OR BANK WIRES WILL <e >> BE ACCEPTABLE FORMS OF PAYMENT « > >>>>>>??»?>>?T?>»?»>.P??>;->>>>>>>>>>>>r>>>>>>>'>>»>>>>>> >>>>> Please remit payoff checks at the address below: 1610 E. St. Andrew Place Suite B-150 Santa Ana, CA 927035 Attention: cashiering 3-38 page 1 of 3 06/08/2001 FRI 9;35 FAX 2144205920 FIXFUNDING 0003/004 05/31/2007 03:53 FAX U002/003 WwCENTURY FA.Box 54285 Irvine,CA 926{a-4286 800.561.4567 FOX V494174=0 myJvan.newcenb,ry,com Failure to send checks to the above address may result in the accrual of additional interest. Issuance of this statement does not suspend the contract requirement to make the mortgage payments when due. A late charge of $ 53.68 will be assessed 15 days after a current payment is due and should be added to the payoff total if received after that time. Payoff Department New Century Mortgage Corporation Wiring Itotructions Below are the wiring instructions for payoffe to be gent to New Century Mortgage Corporation Name. Union Hank of California 445 S. FiguerQa Street Las Angeles, CA 90071-1655 ABA #: 122000496 SNF= New Centuz-y MTG Payoff Account .ACCT #: 2110103040 DUE BEFORE 2:00 PM PST PLEASE ATTACH BORROWER-S NAME AND LOAN NMM£R INDENTIFICATION PURPOSES. FAILURE T4 DO SO MAY RESULT IN THE RETURNING OF FUNDS. 3-38 Page 2 of 3 06108/2007 FRI 9:35 FAX 2144205920 FI1FUNDING 8004/004 05/31/2007 03:54 FAX IA 0031003 NEWICENTURY P.O.Box 54285 trAne,CA 92819-4285 W0.561.4WT Fax 949,517.5220 myioan_newcerslurycom PAYOFF STATEN= DISCLAINER LETTER The itemized amounts in this payoff statement are subject to final verification upon receipt of funds by New Century Mortgage Corporation. We reserve the right to adjust these amounts and decline to pay the account in full. If the payoff funds are insufficient to payoff the account in full for any reason, including but not limited to, ex-ror in calculation of the payoff amount, previously dishonored check(s) or money order(s) , or as a result of additional disbursements or adjustments made by New Century Mortgage Corporation between the date of this payoff statement and receipt of the payoff funds, Notice to borrowers with adjustable rate mortgages: The interest rate provided on the payoff statement represent the interest rate in effect on your account at the time the payoff statement was generated_ Payoff funds received may not be applied at this interest rate if the interest rate subsequently changed. INSUFFICIENT PAYOFF FUNDS Any payoff funds received by New Century Mortgage corporation for an amount leos than that required to pay the account in full, except in West Virginia, will be applied first to any loan payments delinquent or due, accrued interest, recoverable advances and fees. Any remaining funds will be applied to the principal balance of the account. The Funds will be applied effective the day the payoff funds are received by New Century Mortgage Corporation. The account will not be considered paid in full even if the negotiable instrument received contains or is accompanied by language asserting such. By accepting and negotiating any negotiable instrument, New Century Mortgage Corporation does not revoke it's legal claim for all outstanding amounts due on the account. Interest will continue to accrue on the principal balance remaining on the account until the entire outstanding amount is paid in full. In the case of insufficient funds, the issuer of the instrument will be contacted for any remaining amount due and now payable_ Written authorization is required to credit a positive escrow balance to the payoff amount, For accounts secured by property in the state of West Virginia; If the negotiable instrument is for an amount less than what i5 reqquuired to pay the account in full, the issuer will be contacted prior to the application of the instrument to the account. 3-38 Page 3 of 3 PAYMENT HISTORY FOR DUWAYNE YOUNG AS OF 07101/08 2 YOUNG,DUWAYNE G 247,75 06272008 0455043- 02 YOUNG,DUWAYNE G 247.75 0612042008 0265784 2 YOUNG,DUWAYNE G 247.75 06/1312008 0102183, Z YOUNG,DUWAYNE G 247.75 06/062008 9918402 2 YOUNG,DUWAYNE G 247,75 05/30200813721213 02 IYOUNG,0UWAYN6 G 247.75 05!23/200819523766 2 IYOUNG,DUWAYNE G 247.75 05/161200819369574 02 IYOUNG,DUWAYNE G 247.75 05/09/200819083011 02 IYOUNG,DUWAYNE G 247.75 05/02200818903814 2 YOUNG,DUWAYNE G 247.75 04/251200818750843 2• OUNG,DUWAYNE G 247.75 04/18/200818500411 2 YOUNG,DUWAYNE G 247.75 04/111200818340791'. 2 YOUNG,DUWAYNE G 247.75 04/04200818139250 02 YOUNG,DUWAYNE G 247.75 0328/200817889771 2 YOUNG,DUWAYNE G 247.75 03211200817763936 02 YOUNG,DUWAYNE G 247.75 03/14/200817499161 2 YOUNG,DUWAYNE G 247.75 03/07200817363319 2 YOUNG,DUWAYNE G 247.75 02/29/200817096706 130. Lr7 Ct 3 1 �X 3•I� ta`� �11 1 4 NAME LIEN CID CHECK DATE AMOUNT YOUNG,DUWAYNE G 2 LOAN#1005952 228108 $247.75 _ YOUNG,DUWAYNE G 2 LOAN#1005952 316/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 3113/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 320108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 327108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 4/3/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 4110108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 4117/08 $247.75 YOUNG DUWAYNE G 2 LOAN#1005952 424/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 511/08 $247.7 YOUNG,DUWAYNE G 2 LOAN#1005952 5/8/08 $247.75 YOUNG,DUWAYNE G 2 LOAN$1005952 5/15/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 522/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 529108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 615/08 $247.7 YOUNG,DUWAYNE G 2 LOAN#1005952 6112108 $247.7 YOUNG,DUWAYNE G 2 LOAN#1005952 6119/08 M$247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 626108 YOUNG,DUWAYNE G 2 LOAN#1005952 713108 YOUNG,DUWAYNE G 2 LOAN#1005952 7/10108 YOUNG DUWAYNE G 2 LOAN#1005952 7/17/08 YOUNG,DUWAYNE G 2 LOAN#1005952 724108 YOUNG,DUWAYNE:G 2 LOAN#1005952 7131/08 $247.7 YOUNG,DUWAYNE G 2 LOAN#1005952 817108 $247.75 YO,UNG,DUWAYNE G 2 LOAN#1005952 8/14108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 MIMS $247.7 YOUNG,DUWAYNE G 2 LOAN#1005952 828108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 9/4108 $247.75 YO NG,DUWAYNE G 2 LOAN#1005952 9111/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 9118/08 $247.7 YOUNG,DUWAYNE G 2 LOAN#1005952 925108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 1012108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 1019108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 10/16/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 10/23108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 10/30/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 1116108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 11113/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 1120/08 $247.7 YOUNG,DUWAYNE G 2 LOAN#1005952 1126108 $247.7 YOUNG,DUWAYNE G 2 LOAN#1005952 1214108 $247.75 YOUNG DUWAYNE G 2 LOAN#1005952 12111108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 12/18/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 1223/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 12/31/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 118109 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 1/15/09 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 1 122109 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 129/09 $247.75 • YOUNG,DUWAYNE G 2 LOAN#1005952 215109 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 2112/09 $247.75 YOUNG.DUWAYNE G 2 LOAN#1005952 2(19/09 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 2/26/09 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 3/5/09 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 3/12/09 $247.75 YOUNG,DUWAYNE G 2 LOAN#,1005952 3/19109 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 326/09 $247.75 I t_.Lfne, YOUNG,DUWAYNE G 2 LOAN#1005952 4/2/09 $247.75 YOUNG DUWAYNE G 2 LOAN#1005952 4/9/09 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 4/16109 $247.75- YOUNG DUWAYNE G 2 LOAN#1005952 423109 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 4/30/09 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 517109 $247.75 $15,608.25WO-t+1, 41 NAME LIEN CID CHECK DATE AMOUNT YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 4117/08 $269.31 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 424/08 $269.31 'k «� YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 5/1108 $269.31 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 5/8108 $269.31 l f,333.5d YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 5/15/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 522108 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 529108 $288.69 YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 6/5108 $288.69 YOUNG,DUWAYNE G 3 1-07-EK-02097 RNO 6112/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 6/19/08 $288.69 YOUNG,DUWAYNE G 3 1-07-EK-02097 RNO 626/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 7/3108 $288.69 YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 7110/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 7fl7108 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 724/08 $288.69 YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 7/31/08 $288.69 YOUNG,DUWAYNE G 3 1-07-EK-02097 RNO 817/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 8/14108 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 8!21108 $288.69 YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 828/08 $288.69 YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 9/4/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 9111/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 9118/08 $288.69 YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 9/25/08 $288.69 YOUNG,DUWAYNE G 3 1-07-13K-02097 RNO 102108 $288.69 YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 10/9108 $288.69 YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 10/16/08 $288.69 YOUNG,DUWAYNE G 3 1.07-BK-02097 RNO 1023/08 $288.69 YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 10/30/08 $288.69 YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 11/6/08 $288.69 YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 11/13/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 1120/08 1 $268.22 Ex YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 11126/08 $268.22 YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 12/4108 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 12/11/08 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 12/18/08 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 12123/08 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 12131/08 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 118/09 $268.22 YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 1115109 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 1/22/09 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 129/09 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 2/5/09 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 2112/09 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 2119109 $268,22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 226109 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 315109 $268.22 YOUNG,DUWAYNE G 3 1-07-SK-02097 RNO 3/12109 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 3/19109 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097RNO 326109 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 4/2/09 $268.22 YOUNG,DUWAYNE G 3 1.07-BK-02097 RNO 4/9109 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 4/16109 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 4113109 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 4/30/09 $268.22 $15,309.15 1 _ h R „'1 • � � ! d 9 S C,,, r" } aa � � $ � � a sas � � sas, � a $ aodaeS § 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R r s r s ee a is 5 I�ry� g ��yyzy^ � � n `� � n O ■ x h. 1�I N N N N b N N N N M n 7 �/1 x 1 a : 5 N 6 r N N ■ 1e Kzza tw y a n Ky 7° n Y r n C;2 n f p° �" K n� w yR y w �n a a s N K A w v'Zi Le 9 l: � • � � a ■ ■ ■ ■ lei I � � : r OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse,Carlisle,Pennsylvania 17013 r Curt Long Prothonotary McCabe,Weisberg&Conway.P.C. July 10,2013 123 S Broad St Suite 1400 Phipadelphia,Pa 19109 Deutsche'Bank National Trust Company,as CUMBERLAND COUNTY For New.Century Home Equity Loan Trust,Series COURT OF COMMON PLEAS 2003-4 Asset Backed Pass-Through Certificates V. April Young,Dwayne G.Young aWa Duwayne G.Young Number 13-3280 Civil i And Occupants; i REJECT,RULE 237.5 On Friday June.28,2013 At around 2:30 April Young and I?uwayne Young enter a ANSWER TO COMPLAINT IN EJECTMENT to the Prothonotary Office.Within 15 minutes.,a copy of the Answer was put into the U.S.Mail in Carlisle Pa To McCabe,Weisberg&Conway office at 123 S.Broad St,Suite 1400,Philadelphia,pa 19109 within the 20 days.After thinking about the TRICKERY and DECEIT of the passed April Young also send a copy July 2 2013 U.S.mail that would have a tracking number El 6393912410 US EXHIBIT A. APRIL YOUNG&DUWAYNE G.YOUNG 290 LIBERTY DRIVE SHIPPENSBURG PA 17257 •A BY yag :2 w rnco ` x�� 7 c rn C i p Z� 1 V --E co i i ' I I -�� SHIPPENSBURG POST OFFICE " , SHIPPENSBURG, Pennsylvania , ^❑ a $ w'°'°`"'" 172579998 V r ,Z p LLJ 1 4134870257 -0098 �� W� 5 Li 07/0212013 {717}532-2314 12:07:03 PM 1 0 C c — ru ❑ ❑ g ° ° D ' Z; Sales Receipt „ 4 yy Product Sale Unit Final `� 2 a C�1 3 Description Oty Price Price - PHILADELPHIA PA 19109 $14.10 S 9 o z Zone-2 Express Mail a PO-Add 4.50 oz. Label #: EI539391241 US Wad 07/03/13 12:OOPM - Expected Delivery. Money Back Guarantee , Signature Requested o � ° Issue PVI: $14.10 (Forever) 1 $9.20 $9.20 _ �:` ® °-° <°. Four Flags Double Sided _.. ,o Bkit/20 � Total . $23.30 9 a 02 m � Paid by: ! �< MasterCard $23.30 j $ Account #: XXDtXXH}(XXXXtt4894 Approval #: EBE861 9 i Q,❑ ❑:❑ 0 ❑ (� e j Transaction #: 734 i B Q 3. 23 903110377 � � �1 Order stamps at usps.com/shop or call '+" _ _ ' � p s D el 1-800-Stamp24. Gc to usps.com/clicknship to print shipping labels with postage. F other informat ion call 1-800-ASK-USPS, or 4113 o n 0 d ° 9 N e 4 0 go rcxxixscx rxxrc�r r�rzrrrrcxxsr rrc�crc�rsr�r�rrc�rrc � re:zr j i a a tD rc�rixx'xx�rxrr��rw r�cx�rc�cr�rrcrzrrrresrsrx�rr�cre I � '_: °� Get your mail when and where you want it CL with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. _ PC v r; CL . arrrrr ru* rcrcrcxrcrexxstxrc�cwxxxrerxrr rR�rar*x�ra��r ! � w xxre�rxx:rr�e�ir�cexix�ccsr::r�e�ex`<rx:��rrxrxxr�rrrrr�cr � Bill#: 1000206647736 Clark: 07 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business ��rr�r:�x�ere�resr�r�rxrrrc�c�srx:err��sr:�r:rrrrrrxxe�rx HELP US SERVE YOU BETTER Go to: https://postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS Customer Copy ' r MCCABE,WEISBERG & CONWAY, P.C. BY: Joseph 1. Foley,Esq. Attorney ID #314675 Attorneys for Plaintiff 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS) F Trust, Series 2003-4 Asset Backed Pass- .� i.> za Through Certificates No. 13-3280 CIVIL M V. April Yong,Dwayne G.Young aik/a Duwayne G.Young and Occupants PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER ^` Plaintiff,Deutsche Bank National Trust Company,as Trustee for New Century Home Equity Loan Trust, Series 2003-4 Asset Backed Pass-Through Certificates ("Deutsche Bank"), by and through its attorneys,McCABE,WEISBERG&CONWAY,P.C.,hereby responds in opposition to Defendants' new matter to plaintiff's complaint as follows: 10. The allegations in this paragraph referring to attached exhibits are denied as they refer to documents which speak for themselves and no further response is necessary. In response to the factual allegations of this paragraph concerning payment of the mortgage loan underlying the prior action in mortgage foreclosure,it is admitted only that Defendants defaulted on their obligation to repay that loan, and that default resulted in the action in mortgage foreclosure through which Plaintiff herein ultimately acquired title to the property.Any remaining factual allegations are denied and strict proof is demanded. Moreover, it is specifically denied that the allegations of this paragraph constitute any cognizable defense to ejectment or are in any way relevant to an action in ejectment. Allegations concerning payment of the mortgage loan underlying the prior action in mortgage foreclosure raise issues that have already been litigated or could have been litigated in the prior action in mortgage foreclosure in which a final judgment has been entered.Accordingly,such a collateral attack on that judgment in this action in ejectment is improper. 11. Defendants' allegation that they are entitled to the property is denied as a conclusion of law to which no further response is required. The allegations in this paragraph referring to attached exhibits are denied as they refer to documents which speak for themselves and no further response is necessary. In response to the factual allegations of this paragraph concerning payment of the mortgage loan underlying the prior action in mortgage foreclosure, it is admitted only that Defendants defaulted on their obligation to repay that loan,and that default resulted in the action in mortgage foreclosure through which Plaintiff herein ultimately acquired title to the property. Any remaining factual allegations are denied and strict proof is demanded. Moreover, it is specifically denied that the allegations of this paragraph constitute any cognizable defense to ejectment or are in any way relevant to an action in ejectment. Allegations concerning payment of the mortgage loan underlying the prior action in mortgage foreclosure raise issues that have already been litigated or could have been litigated in the prior action in mortgage foreclosure in which a final judgment has been entered.Accordingly,such a collateral attack on that judgment in this action in ejectment is improper 12. Defendants' allegation that they are entitled to the property is denied as a conclusion of law to which no further response is required. The allegations in this paragraph referring to attached exhibits are denied as they refer to documents which speak for themselves and no further response is necessary. In response to the factual allegations of this paragraph concerning the mortgage loan underlying the prior action in mortgage foreclosure, it is admitted only that Defendants defaulted on their obligation to repay that loan,and that default resulted in the action in mortgage foreclosure through which Plaintiff herein ultimately acquired title to the property. Any remaining factual allegations are denied and strict proof is demanded. Moreover, it is specifically denied that the allegations of this paragraph constitute any cognizable defense to ejectment or are in any way relevant to an action in ejectment. Allegations concerning payment of the mortgage loan underlying the prior action in mortgage foreclosure raise issues that have already been litigated or could have been litigated in the prior action in mortgage foreclosure in which a final judgment has been entered.Accordingly,such a collateral attack on that judgment in this action in ejectment is improper. 13. The allegations of this paragraph concerning Plaintiff's alleged"trickery and lies"are denied and strict proof is demanded. The allegations in this paragraph referring to attached exhibits are denied as they refer to documents which speak for themselves and no further response is necessary. Moreover,. it is specifically denied that the allegations of this paragraph constitute any cognizable defense to ejectment or are in any way relevant to an action in ejectment. Allegations concerning payment of the mortgage loan underlying the prior action in mortgage foreclosure raise issues that have already been litigated or could have been litigated in the prior action in mortgage foreclosure in which a final judgment has been entered.Accordingly,such a collateral attack on that judgment in this action in ejectment is improper. 14. Defendants' allegation that they are entitled to the property is denied as a conclusion of law to which no further response is required. That notwithstanding, however, and by way of further response, it is denied that Defendants ever tendered an amount necessary to repay the mortgage loan underlying the prior action in mortgage foreclosure. Moreover, it is specifically denied that the allegations of this paragraph constitute any cognizable defense to ejectment or are in any way relevant to an action in ejectment. Allegations concerning payment of the mortgage loan underlying the prior action in mortgage foreclosure raise issues that have already been litigated or could have been litigated in the prior action in mortgage foreclosure in which a final judgment has been entered.Accordingly,such a collateral attack on that judgment in this action in ejectment is improper. WHEREFORE, Plaintiff respectfully requests the New Matter of Defendants to Plaintiff s Complaint be dismissed in their entirety and that judgement be entered in favor of Plaintiff and against Defendants, for such relief as is requested in Plaintiff s Complaint. Joseph I. Foley, Esq. Attorney for Plaintiff VERIFICATION I, the undersigned,hereby verify that I am the attorney for the Plaintiff in this action, that Plaintiff is outside the jurisdiction of this court and their verification cannot be obtained within the time allowed for filing the foregoing reply to new matter, and that the forgoing averments are true and correct to the best of my knowledge, information and belief, and further state that false statements herein are made subject to the penalties of 18 PA.C.S. § 4904 relating to unsworn falsifications to authorities. McCABE, WEISBERG, AND CONWAY, P.C. A At neys for Plaintiff OSEPH I.FOLEY,ESQUIRE McCABE,WEISBERG & CONWAY, P.C. BY: Joseph I. Foley,Esq. Attorney ID #314675 Attorneys for Plaintiff 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790-1010 Deutsche Bank National Trust Company,as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass- Through Certificates No. 13-3280 CIVIL V. April Young,Dwayne G. Young a/k/a Duwayne G.Young and Occupants CERTIFICATE OF SERVICE I,Joseph I.Foley, Esquire,Attorney for Plaintiff,hereby certify that a true and correct copy of the foregoing Plaintiff's Reply to New Matter was served on the following persons on the 15th day of July, 2013 by depositing same in the United States mail, first-class, postage pre-paid, addressed as follows: April Young and Dwayne G. Young a/k/a Duwayne G. Young 290 Liberty Drive Shippensburg, PA 17257 Occupants 290 Liberty Drive Shippensburg,PA 17257 DATE: July 15, 2013 Joseph I. Foley, Esq. Attorney for Plaintiff April Young and Duwayne Young 290 Liberty Drive Shippensburg PA 17257 Deutsche Bank National Trust Company,as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass- Through Certificates No 13-3280 CIVIL v. :, April Young,Dwayne G. Young a/k/a r n H.V Duwayne G.Young and Occupants ; o' E!) N —� Vic_, DEFENDANTS' REPLY TO PLAINTIFF'S MATTER 10.We believe that the matter of payments do need further review.The mortgage company took payment After the mortgage foreclosure as you can see in past exhibits.As for the plaintiffs statement of defendant's defaulting on their obligation to pay is false. Not only did we not default on the loan as you can see in pass exhibits we paid way more then the Plaintiff's gave us credit for plus we have been willing to pay in full many times but the Plaintiffs would not give pay off prices that was true.They would always add about 20,000 dollars more then we owned. Final judgment was entered and then the stated taking payment for us make the fmal judgment invalid. I want to repeat that we tried to pay in full many times. 11. As for the Plaintiffs accusation of defaulted on our obligation we never defaulted the mortgage company refused payment in full when they would not give true pay off prices. To this day we have a leaner that is willing to help us just as soon as a true pay off is given. Not only will we prove to the courts that my mortgage company took my home illegally but I'm willing to prove it to the world. 12. I stand that the Defendant's are entitled to the property and further response is required. I want to say one more time that the Defendant's never defaulted on the loan and the mortgage company would not credit payment properly making it impossible to pay. 13. I will be happy to give strict proof of the Plaintiff's passed trickery and lies in exhibit's A I can prove the Plaintiffs Attorney statement to the court about his unwilling to give pay off price to my almost new mortgage company. I will also prove the many other times he has done this. 14. Further response is required.In Exhibit B you can see that the mortgage company is demanding that I pay taxes for the property go to show that the mortgage company believes that the property is the Defendants property.Also in PASS EXHIBITS WE CAN SHOW THAT WE MADE MORE PAYMENT THEN THE MORTGAGE COMPANY GAVE US CREDIT FOR. WHEREFORE,Defendant's respectfully requests that a court date be set so that this matter can be heard in court. April Young NEW CENTURY HOME EQUITY IN THE COURT OF COMMON PLEAS OF LOAN TRUST SERIES 2003-4 : CUMBERLAND COUNTY, PENNSYLVANIA ASSET BACKED PASS • THROUGH CERTIFICATES, • Plaintiff v. NO. 2004-4893 CIVIL TERM APRIL YOUNG and DWAYNE G. YOUNG a/k/a DUWAYNE G. YOUNG, Defendants CIVIL ACTION - LAW TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDWARD E. GUIDO, J. Cumberland County Courthouse, Carlisle, Pennsylvania on Wednesday, February 21, 2007, in Courtroom No. 3 APPEARANCES: DAVID FEIN, Esquire For the Plaintiff DWAYNE and APRIL YOUNG Defendants, Pro se 1 THE COURT: Good morning. Mr. and Mrs. Young 2 have filed a complaint . I 'm treating it as a motion to set 3 aside the judgment alleging, basically, that the bank, 4 through Mr. Fein, did not cooperate in your refinancing. 5 MS . YOUNG: Right . 6 THE COURT: Do you want to take the stand, 7 ma' am. 8 MS . YOUNG: Sure. 9 APRIL YOUNG 10 having been duly sworn, testified as follows : 11 EXAMINATION 12 BY THE COURT: 13 Q I issued an Order on December 1st that gave 14 you basically 30 days to consummate the settlement 15 agreement. Did you have a settlement scheduled? 16 A Actually, because the Court date got 17 rescheduled, we had to put a stop to any of our loan. 18 Because once you go to your last -- once they say you can go 19 to closing, you only have ten days . If I would have kept 20 going, then another loan would have went bad. Do you see 21 what I 'm saying? I have to have -- they' re still on 22 standby, but -- 23 Q What was put off? I don ' t understand what 24 you ' re talking about . 25 A We have a new loan. 2 1 Q Well, you told me you had you a new loan on 2 December 1st. 3 A Yes, but we still had to go to closing at 4 that point . We had our preapprovals . 5 Q When was the closing scheduled? 6 A Well, it took a week for us to get the 7 judgment . 8 Q When was the closing scheduled? 9 A It wasn ' t scheduled yet. 10 Q Okay. You had until January 2 , 2007 . 11 A But we went past our deadline because of 12 Christmas . Everybody took off over Christmas, and we 13 couldn' t go to closing over the holiday. Bruno still has 14 the bank on hold. 15 Q Who is Bruno? 16 A He ' s my current broker. But we found new 17 evidence, too, where they didn' t tell the entire truth when 18 they were here the last time. When Mark Phillips was here, 19 he didn' t tell the entire truth. 20 Q The last time you basically won. You got 21 what you wanted. 22 A Right . But it took longer than the 30 days, 23 because it took over a week to get the judgment . 24 Q You told me you were ready to go . I gave you 25 additional time . 3 1 A To me, I thought we were ready to go, but 2 then it took a little bit longer. I 'm not even quite sure 3 why. Everybody took off over the holidays . We had intended 4 to close in Florida while we were there over Christmas, but 5 everybody that was to say yes or no on the closing took off . 6 That took us over our deadline for us to win, and that meant 7 they got more . 8 But in the meantime, I was told by the 9 assistant person that called the broker, she called David 10 Fein, which said that, you know, the judge ' s ruling is in 11 favor, but they didn' t put it in writing. And when they 12 called New Century, New Century didn' t back it up. 13 Q When did that occur? 14 A I 'm not quite sure, but that was early on 15 in -- as soon as they were faxed the judgment, which would 16 have been like a week after you -- as soon as I got the 17 judgment in my hand, I faxed it to them. 18 Q I don' t understand what you' re saying. 19 You' re saying that they wouldn' t close because -- 20 A They weren' t going to just take my word for 21 it. They wanted New Century to say, yes, that is what is 22 going on. 23 Q Did you not get a copy of the Order to them? 24 A Yes, I did. They still wanted it confirmed. 25 Q When did you get a copy of the Order to them? 4 1 A It was a week after the 1st . It was like the 2 7th or 8th. It took over a week for me to get it, you know, 3 because it was mailed to me, which that was a lost week. 4 Then over Christmas was yet another lost week. 5 Q So you ' re telling me they wouldn' t close 6 because why? 7 A Nobody was in to say we could go to close. 8 Q Okay. And why aren' t they closing now? 9 A Because new court dates have come up, and I 10 put a stop to them saying we could go to close. Once they 11 say we can go to close, I only have ten days to go to close. 12 A new court date came up because somebody, I guess, was out 13 of town, so I had -- you know, that would have went way over 14 ten days . If I would have gone to the last day, it would 15 have went way over ten days and we would have lost it . The 16 lease maybe had to reapply again. 17 Q Okay. Anything else you want me to know? 18 A I also want to bring to your attention that 19 the check that Mark Phillips said that they never got they 20 got . I have a copy for you. They got it and sent it back 21 to me . He said in court that day that they never got it, 22 they never saw it . I said I didn' t know what happened to 23 it, which I didn' t . But we knew they weren' t being 24 completely honest when they were here, so I set out to prove 25 it, and I started going through everything. 5 1 Plus in state and federal court -- and all 2 three federal bureaus will confirm this -- that as long as 3 we ' re in court they need to report a nonavailable on my 4 credit report so they' re not doing damages, and David Fein 5 has refused to change that for a very long time. So he ' s 6 actually putting a stop to a lower interest rate, you know, 7 because it ' s harder to get a loan when you're foreclosed on. 8 When you have a deal -- 9 Q I don ' t understand. Do you have -- you told 10 me on December 1st that you had a deal . 11 A Well, it depends on how you want to look at 12 it if the deal stands, because that deal didn' t go through 13 my attorney, which he was denied release by you. I have a 14 copy of that. 15 Q You 're confusing me. I had a trial . I 16 entered an Order on December 1st . 17 A We just needed more time. 18 Q Well, but you didn ' t tell me that on December 19 1st. 20 A I didn' t think we would. I honestly didn' t 21 think we would have needed more time. I mean, sometimes -- 22 I mean, we've already went to closing eight times with one 23 mortgage company, and he put a stop to that loan. That was 24 in June. That was with Chris Kolodzey. I mean, they could 25 have been paid in full in June. 6 Cen--( y �- c w.&5, if s`�Q Q Anything else you want me to know? >�1 1C,c'l 6j, A Well, other than they didn' t tell the whole you know. They've been hiding paperwork. Actually, AbL.(-* kocat my crlginal loan, I have a lot of the original copies . I 5 have one with me where I have the original ink. So there 6 really couldn ' t have been a true loan to start with if I 7 have the originals . 8 THE COURT: Do you have any questions, Mr. 9 Fein? 10 MR. FEIN: No, I don' t, Your Honor . 11 THE WITNESS : I didn ' t know the holidays, 12 too, would also interfere with us going to closing. 13 THE COURT: Thank you, ma 'am. You may step 14 down. 15 Mr. Fein, why is it that you would not verify 16 the payoff sum? 17 MR. FEIN: Your Honor, I did receive a call 18 from a representative of the mortgage company asking what 19 the payoff was, and I referred them to Your Honor ' s Court 20 Order, and I indicated that that spelled out exactly what 21 the payoff would be on each day between the day it was 22 entered and 30 days after that . 23 THE COURT: But you wouldn ' t put that in 24 writing to them? 25 MR. FEIN: I actually asked them to send me 7 1 verification that I was authorized to release information to 2 them regarding the account, and they never got back to me. 3 MS . YOUNG: That ' s not what I was told. 4 THE COURT: Hang on, ma ' am. Speak when 5 spoken to, okay? 6 MS . YOUNG: Okay. 7 THE COURT: Mr. Fein, you 're telling me that 8 you, in effect, didn ' t give the verification of a payoff to 9 the mortgage company. How can they settle without a 10 verified payoff? How do they know my Order wasn' t going to 11 be appealed? How do they know you agreed with that Order? 12 MR. FEIN: Well, Your Honor, I thought the 13 Order spoke for itself . 14 THE COURT: Well, the Order spoke for itself, 15 but there was 30 days to file an appeal . How was a new 16 mortgage company going to be able to tell that your client 17 would accept that figure without a written verification? 18 Anything else you want to add, sir? 19 MR. FEIN: No, Your Honor . 20 THE COURT: Well, I have no choice but to 21 find that you stood in the way of them getting the financing 22 and being able to complete the terms pursuant to my Order. 23 MR. FEIN: Your Honor, I did indicate to the 24 representative I spoke with that your Order was the payoff, 25 and I did ask that if she wanted anything in writing that 8 1 she send an authorization to the Youngs, because we don' t 2 typically release information to anyone that doesn' t have 3 authorization to do so . Your Honor, I mean, I understand 4 what Your Honor is saying about the appeal , but, I mean, I 5 thought the Order would trump anything that would come from 6 our office. 7 THE COURT: Well, but it wouldn' t have, 8 because the appeal period was still open. That ' s the 9 unfortunate thing about that. How are we going to resolve 10 this? Has your client entered judgment on the $169, 000 . 00? 11 MR. FEIN: I believe it was a slightly lesser 12 amount, Your Honor, but yes . 13 THE COURT: Who is your mortgage broker? 14 MS. YOUNG: It ' s Bruno -- I can get that back 15 to you. 16 THE COURT: No, no. Listen, ma ' am, my 17 patience is running thin, also. I cut you a big break on 18 December 1st . I gave you the benefit of your bargain. You 19 told me 30 days was plenty of time. 20 MS . YOUNG: Which I believed it would have 21 been if -- 22 THE COURT: But there ' s no -- we ' re in court 23 now. This isn ' t a matter of sitting back. The fact that he 24 didn ' t give the mortgage payoff, I 'm giving you the benefit 25 of the doubt again that it couldn' t be done . Now, are you 9 1 telling me you can settle this in 30 days? 2 MS . YOUNG: I believe, if you talk to him, he 3 says we can. 4 THE COURT: I 'm not talking to anybody. I 'm 5 asking you. 6 MS . YOUNG: I hope so . But, like I said, it 7 would be easier with cooperation from the other parties . 8 THE COURT: The only cooperation you' re going 9 to get from them is a written payoff, a written confirmation 10 of what it ' s going to take in order to settle this . 11 Mr. Fein, let me be clear on this, too . My 12 Order talks about interest -- 13 MS. YOUNG: I do have his phone number. 14 THE COURT: My Order talks about interest and 15 it talks about a release fee. Unless you put those things 16 in writing, a mortgage company can' t accept that as a 17 payoff. We' ll enter the following Order: 18 "AND NOW, this 21st day of February, 2007 , 19 our Order of December 1, 2006 , is modified to provide that 20 Defendants shall have until March 21, 2007 , to tender the 21 sums set forth in the December 1, 2006, Order. Plaintiff is 22 directed to cooperate with their mortgage broker and to 23 provide a written payoff to the mortgage broker so that 24 settlement may be effectuated. If said sums are tendered by 25 said date, the Plaintiff shall mark the judgment as 10 1 satisfied and comply with all other terms of the settlement 2 agreement dated May 5, 2006 . " 3 THE COURT: Do you understand, sir? 4 MR. FEIN: I understand, Your Honor. 5 THE COURT: No more filings, no more coming 6 back. This matter is at an end. 7 MS . YOUNG: As long as he is cooperating. He 8 also needs to cooperate with the credit report . 9 THE COURT: No, he doesn' t . He does not have 10 to do that . The settlement agreement says whenever you pay 11 what ' s owed they will then cooperate with the credit report. 12 MS . YOUNG: The settlement agreement also 13 says that they would sign by May 15th, and they didn' t sign 14 by May 15th. 15 THE COURT: You won on that point, ma ' am, and 16 you won again. Don' t come back. 17 MR. YOUNG: Your Honor? 18 THE COURT: Yes, sir. 19 MR. YOUNG: They will also have to sign the 20 form. That way they' ll know that we didn' t falsify the 21 paper, you know, for the agreement . Will there have to be a 22 signature on there, also? The only reason I 'm bringing this 23 up, we 've been dealing with them for a long time . They 24 always seem to eliminate a part of what needs to be put on 25 there. 11 1 THE COURT: Mr. Fein is going to provide a 2 written payoff . As a matter of fact , why don' t you just go 3 back to your office and provide a letter to them on behalf 4 of the bank indicating that this is the payoff that the 5 judge has ordered, as modified with today' s Order, is the 6 payoff . 7 MR. FEIN: I ' ll do that, Your Honor. 8 THE COURT: And upon receipt of those sums by 9 the appropriate date, you ' ll mark the mortgage satisfied. 10 After February 22nd, if the sums aren' t received, you ' re 11 free to pursue foreclosure. You have right up until. the 12 time that the sheriff forecloses on the property to pay it 13 off . 14 MR. YOUNG: That ' s March 22 , correct? You 15 said February 22 . 16 THE COURT: I ' ll give you until March 22 . 17 MR. FEIN: Your Honor, if I may, the property 18 has been listed for a June sheriff ' s sale. Will we be 19 required to stay that sale? 20 THE COURT: Not at this point in time . I 21 wouldn' t see why. Add to the Order: 22 "Plaintiff ' s request for attorney' s fees in 23 connection with this proceeding is DENIED. " 24 THE COURT: Okay. Good luck. Let ' s get it done. 25 (Court was adjourned. ) 12 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. V"/I(C-/7 Susan Rice Stoner Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. 36 o 7 Date Edward E. Guido, J. 13 CARIIINGTON II 0,I F: SFR1ICEs.I.I.( PO Box 2515 Covina, CA 91722 1936 APRIL YOUNG 290 LIBERTY DR SHIPPENSBURG_PA 17257-8239 lihilli1111111111111 III"111111H11111"III1"Iilliii191111iI July 03, 2013 Loan No: 6800001005952 Delinquent Property Taxes Carrington Mortgage Services LLC (CMS) has requested LERETA Tax Service to conduct an examination of our collateral's official tax records. The resulting report indicates that there are delinquent taxes and/or assessments on your property. The terms of your mortgage or Deed of Trust with CMS requires full payment of taxes and/or assessments before they are delinquent. If you have paid the taxes listed below, or you are currently on a payment plan with the county to bring the delinquent taxes current, please forward a paid receipt or proof of payment plan in good standing to the address noted above or fax to (626) 543-1945. Please note your loan number on any information sent to LERETA. If you have not paid the taxes, please do so immediately and forward proof of payment to the above address. If redemption amounts are not provided below, please contact the tax collector for an exact payment amount. Payment is to be made directly to the tax collector's office. Tax payments should not be made directly to CMS or LERETA. Failure to do so within thirty (30)days from the date of this letter may result in CMS paying the taxes on your behalf to protect our collateral. This will result in an increased monthly payment in order to recoup the delinquent amount paid, and possibly to collect funds toward future taxes due. Your prompt attention to this matter is greatly appreciated. For further assistance, please contact Customer Service Department at(866)216-3308. tr\i ■D■'- � - DELINQUENT TAX INFORMATION REFLECTS PAYMENTS POSTED BEFORE 06/04/13. Parcel/Certificate No: 39-37-2092-122 - Property Address: 290 LIBERTY DR SHIPPENSBURG PA 17253 - Year of Delinquency Amount 2011 $236.37 The amount(s)shown above may not be the total amount due. The figure(s)may not include any penalty and/or interest that may have accrued. Please contact the Taxing Authority for the current amount to pay. Payable to: CUMBERLAND COUNTY TAX CLAIM BUREAU TAX COLLECTOR 1 COURTHOUSE SQUARE CARLISLE,PA 17013 717-240-6366 IMPORTANT BANKRUPTCY NOTICE If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have - not reaffirmed the mortgage,or if you are the subject of a pending bankruptcy proceeding,this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage,please forward this document to your attorney. CREDIT REPORTING We may report information about your account to credit bureaus.Late payments,missed payments,or other defaults on your account may be reflected in your credit report. As required by law,you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. MINI MIRANDA This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose.This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States. HUD STATEMENT Pursuant to section 169 of the Housing and Community Development Act of 1987,you may have the opportunity to receive counseling from various local agencies regarding the retention of your home. You may obtain a list of the HUD-approved housing counseling agencies by calling the HUD nationwide toll free telephone number at(800) 569-4287. EQUAL CREDIT OPPORTUNITY ACT NOTICE The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race,color,religion,national origin, sex,marital status,or age(provided the applicant has the capacity to enter into a binding contract);because all or part of the applicant's income derives from any public assistance program;or because the applicant has,in good faith,exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS' compliance with this law is the Federal Trade Commission,Equal Credit Opportunity,Washington,DC 20580. McCABE, WEISBERG AND CONWAY,P.C. Attorney for Plaintiff BY: JOSEPH I. FOLEY, ESQUIRE Identification Number 314675 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 (215) 790 - 1010 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY `-' - Trustee for New Century Home Equity Loan COURT OF COMMON PLEAVE rn Trust, Series 2003-4 Asset Backed Pass- ' Through Certificates "; V. No. 13-3280 CIVIL ;> April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants Preliminary Statement This is a motion for summary judgment in ejectment following a mortgage foreclosure. The foreclosure resulted in the transfer of title to the property to the Deutsche Bank National Trust Company,as Trustee for New Century Home Equity Loan Trust, Series 2003-4 Asset Backed Pass- Through Certificates,by deed from the Sheriff of Cumberland County.The deed was acknowledged and recorded. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1. Petitioner is the Plaintiff, Deutsche Bank National Trust Company, as Trustee for New Century Home Equity Loan Trust,Series 2003-4 Asset Backed Pass-Through Certificates("Deutsche Bank"). 2. April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants are the Defendants. 3. Deutsche Bank began this action in ejectment to obtain possession of its property located at 290 Liberty Drive, Shippensburg, PA 17253 that is being occupied by Defendants following a mortgage foreclosure. See attached copy of Deutsche Bank's complaint in ejectment marked as Exhibit"A." 4. Deutsche Bank obtained title to this property by reason of a foreclosure action in the Cumberland County Court of Common Pleas; Case No. 04-4893 Civil. The Sheriff's sale occurred on December 5, 2012. The Sheriffs deed was recorded on March 5, 2013 in the records of Cumberland County as Instrument Number 201307119.See attached copy of recorded sheriffs deed marked as Exhibit"B." 5. Defendants' answer and new matter to the complaint in ejectment,and Plaintiffs reply to new matter show that there are no material issues of fact or law as to Defendants' right to the subject property. See the following exhibits, and the discussion in Deutsche Bank's memorandum of law: • Defendants' answer and new matter to Plaintiffs complaint in ejectment marked as Exhibit"C"; and • Plaintiffs reply to new matter marked as Exhibit"D"; 6. Defendants have no right, title, or interest in the property. 7. Defendants are mere trespassers. WHEREFORE,Deutsche Bank prays that summary judgment in possession be entered against April Young,Dwayne G. Young a/k/a Duwayne G.Young and Occupants,and in favor of Deutsche Bank,on the complaint,Defendants' answer and new matter thereto,and Deutsche Bank's reply to new matter. I SEPH I. FOL Y, ESQUIRE Attorney for Plaintiff, Deutsche Bank McCABE,WEISBERG AND CONWAY,P.C. Attorney for Plaintiff BY: JOSEPH I. FOLEY,ESQUIRE Identification Number 314675 123 South Broad Street, Suite 1400 Philadelphia,PA 19109 (215) 790 - 1010 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass- Through Certificates v. No. 13-3280 CIVIL April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IN EJECTMENT QUESTION AT ISSUE A sheriff's sale, and the recording of the sheriff's deed, conveyed title to the Property to Deutsche Bank National Trust Company, as Trustee for New Century Home Equity Loan Trust, Series 2003-4 Asset Backed Pass-Through Certificates("Deutsche Bank"). It then filed a Complaint in Ejectment, and April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants (hereinafter referred to as"Defendants")answered. Whenever pleadings and discovery are such that there are no genuine issues of any material facts that support a defense, summary judgment is appropriate. An examination of the pleadings and exhibits confirms that no material facts are in controversy. Should summary judgment be granted in favor of Deutsche Bank and against Defendants? Suggested Answer: YES ARGUMENT SUMMARY Following a mortgage foreclosure,title to the property was conveyed to Deutsche Bank by the Sheriff. The deed has been recorded. Because Defendants continue,without any color of right,title, or interest, to occupy the property now owned by Deutsche Bank, and refuse to vacate, Deutsche Bank instituted an action in Ejectment. A fair reading of the pleadings and the discovery will show that Defendants have not established any legal basis for opposing the ejectment, and so summary judgment should be granted in favor of Deutsche Bank and against Defendants, April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants. MEMORANDUM The purpose of the summary judgment procedure is to prevent vexation and delay,improve the machinery of justice,promote the expeditious disposition of cases and avoid unnecessary trials when there does not exist a genuine issue of material fact. Rule 1035.2 of the Pennsylvania Rules of Civil Procedure addresses those situations. Specifically, it provides, in pertinent part,that: . . . any party may move for summary judgment in whole or in part as a matter of law(1) whenever there is no genuine issue of any material fact as to a necessary element of the . . . defense which could be established by additional discovery or expert report . . . ." Pa.R.C.P. 1035.2(1)(emphasis added). See also Williams v. Pilgrim Life Insurance Co., 306 Pa. Super. 170, 452 A.2d 269 (1983). The burden of demonstrating that there is no genuine issue of material fact rests on the moving party.Hower v.Whitmak Assoc.,371 Pa.Super.443,538 A.2d 524(1988);Carollo v.48 Insulation, Inc., 252 Pa. Super 422, 381 A.2d 990 (1977). Once such a showing is made, summary judgment is appropriate where the adverse party is unable to produce probative evidence to the contrary. The adverse party may not claim that the averments of his/her pleadings, alone, are sufficient to raise a genuine issue of fact so as to defeat the motion. Indeed, the adverse party must set forth specific facts showing there is a genuine issue of fact for trial. See Phaff v. Gerner,541 Pa. 146,303 A.2d 826 (1973); Pape v. Smith, 277 Pa. 80, 323 A.2d 856 (1974); Amabile v. Auto Kleen Car Wash, 249 Pa. 240, 376 A.2d 247 (1977). Pennsylvania Rules of Civil Procedure,Rule 1029(b) states that, "[a]verments in a pleading to which a responsive pleading is required are admitted when not specifically denied or by necessary implication",Pa.R.C.P. 1029(b). Thus,unless the Defendant wishes an allegation to be regarded as admitted,the Defendant must specifically deny each allegation of fact contained in a Complaint to which a responsive pleading is required. Any form of general denial or general demand for proof is an admission. See First Wisconsin Trust Co.v. Strausser,et.al.,653 A.2d 688 (Pa. Super. 1995). PLAINTIFF'S AVERMENTS IN THE COMPLAINT Deutsche Bank's averments in the complaint demonstrate, inter alia, all of the following: • Deutsche Bank is the owner of the property located at 290 Liberty Drive, Shippensburg, PA 17257. • Deutsche Bank is entitled to immediate possession of the Property. • Defendants are occupying the Property without right and so far as the Plaintiff is informed, without claim of title. • Defendants have no right of possession and are wrongfully and unlawfully in possession of the premises and keep Deutsche Bank out of possession and refuse to vacate and deliver up the premises. DEFENDANTS' ANSWERS TO THE COMPLAINT IN EJECTMENT AND FAILURE TO RESPOND TO THE REQUEST FOR ADMISSIONS Defendants' answer to the complaint consists almost solely of blanket denials or conclusory statements of law that are wholly unsupported by corresponding factual allegations or evidence of record. Defendants did not provide any proof that they have paramount title to the property or that their occupation of the premises is lawful.In fact,by their answer to the complaint,Defendants admit that title to the property was conveyed to Deutsche Bank by the Sheriff of Cumberland County following a mortgage foreclosure,and their sole allegation in defense of this ejectment action is the wholly unsupported conclusion that the prior action in mortgage foreclosure and the resulting sheriff's sale by which Plaintiff herein acquired title was somehow invalid. In their new matter to Plaintiff's complaint,Defendants raise similar claims regarding the prior action in mortgage foreclosure. Therein, Defendants make multiple allegations concerning payoff amounts and reinstatement amounts which were provided to them during the pendency of the foreclosure and repeat the unsupported conclusion that the foreclosure proceedings were somehow invalid. None of those allegations, however, are relevant to the instant matter in ejectment nor do they show that there is any genuine issue of material fact regarding Plaintiff's right to possession of the property located at 290 Liberty Drive, Shippensburg, PA 17257. The Defendants' attempt to raise those issues in this action,which were squarely within the purview of the foreclosure court,is nothing more than an impermissible attempt to re-litigate the foreclosure and, as such, it is clearly barred under the doctrines of res judicata and collateral estoppel. In Pennsylvania,the doctrine of res judicata, or claim preclusion,prohibits parties involved in prior, concluded litigation from subsequently asserting claims in a later action that were raised, or could have been raised, in the previous adjudication. Wilkes ex.rel.Mason v. Phoenix Home Life Mut. Ins. Co., 587 Pa. 590, 607, 902 A.2d 366, 376 (2006). Res judicata applies where there is an identity of issues, identity of causes of action, identity of persons, and identity of the quality or capacity of the parties suing or being sued. In re lulo, 564 Pa. 205, 210,766 A.2d 335, 337(2001). Similarly,the doctrine of collateral estoppel applies when the issue in the prior action was identical to the one presented in the later action, there was a final judgment on the merits, the party against whom the claim is asserted was a party or in privity with a party to the prior action and the party against whom it is asserted had a full and fair opportunity to litigate the issue in question in the prior action. In re Iulo, 564 Pa. 205, 210,766 A.2d 335, 337(2001). The Superior Court of Pennsylvania has addressed these issues as they relate specifically to - actions in ejectment arising from a sheriff's sale of foreclosed property, and has clearly held that a collateral attack on an action in mortgage foreclosure in a subsequent action in ejectment is improper.In Federal National Mortgage Association v. Citiano,2003 Pa. Super 381,834 A.2d 645, (Pa.Super.2003),the Court wrote,"Appellant failed to exercise reasonable diligence when he failed to challenge the sheriff's sale directly and waited to raise the issue in the ejectment action. . ." As a result, the court held that "by neglecting to pursue the procedural remedies available to him, Appellant has waived such challenges. Appellant should have petitioned the court to set aside the sheriff's sale at or near the time of the sale." In this matter, Defendants have already had every opportunity to raise and litigate, in the preceding action in mortgage foreclosure, any of the issues found in their answer and new matter, which relate entirely to the non-payment and default of the mortgage loan which formed the basis of that action. And Defendants did, in fact, enter their appearance in that action and litigate those issues extensively. Judgment was ultimately entered in favor of the foreclosing mortgagee,however, and that judgment became final. As a result,the allegations of Defendants answer and new matter. which seek to challenge the validity of the foreclosure and subsequent sheriff's sale are barred under the foregoing case law. Because the Defendants' claims relating to the mortgage loan which formed the basis of the prior action in mortgage foreclosure are not properly raised in this action, and they have not made any other allegations or produced any evidence which would tend to show there is a genuine issue of material fact in this ejectment action or that their possession of Plaintiffs property is lawful, this case is ripe for summary judgment. CONCLUSION Defendants' answer and new matter to Deutsche Bank's complaint in ejectment failed to raise a single material fact that would support opposition to Deutsche Bank's motion for summary judgment. The allegations in their answer and new matter are either improperly raised in this ejectment action,or they are general denials and conclusions of law that are wholly unsupported by corresponding factual allegations or evidence of record. Moreover, Defendants did not produce a single document to refute Deutsche Bank's allegation that it owns the premises,or to otherwise show that their own possession is lawful.Because Defendants'answer and new matter failed to show there exists a genuine issue of fact, summary judgment should be granted in favor of Plaintiff. Additionally,Pennsylvania Rule of Civil Procedure 1 035.3(a)[Motion for Summary Judgment- Response. Judgment for Failure to Respond] states, in relevant part, that: ". . . . the adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion, or (2) evidence in the record establishing the fact essential to the . . . defense which the motion cites as not having been produced." WHEREFORE, Plaintiff requests that this Honorable Court enter summary judgment for possession in its favor, and against April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants. ectfull subm. •SEPH I. FOLEY, ESQUIRE Attorney for Plaintiff, Deutsche Bank McCABE,WEISBERG AND CONWAY,P.C. Attorney for Plaintiff BY: JOSEPH I.FOLEY,ESQUIRE Identification Number 314675 123 South Broad Street,Suite 1400 Philadelphia,PA 19109 (215) 790- 1010 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass- Through Certificates v. No. 13-3280 CIVIL April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants CERTIFICATION OF SERVICE I, Joseph I. Foley, Esquire, hereby certify that a true and correct copy of the within Motion for Summary Judgment pertaining to the above-captioned matter was served on July 26,2013 by first- class mail, postage prepaid, upon the following: April Young and Dwayne G. Young a/k/a Duwayne G. Young 290 Liberty Drive Shippensburg, PA 17257 Occupants 290 Liberty Drive Shippensburg, PA 17257 Date: July 26, 2013 Jo I. Foley, Esquire EXHIBIT A McCABE,WEISBERG AND CONWAY, P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 r < EDWARD D. CONWAY,ESQUIRE -ID#34687 • -- — MARGARET GAIRO,ESQUIRE-ID# 34419 `O7 c� JOSEPH I.FOLEY,ESQUIRE-ID#314675 == 'z,, CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 123 South Broad Street, Suite 1400 i-- ;;-.r, Philadelphia,Pennsylvania 19109 : (215)790-1010 =-" ' <D �- Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed (�Pass-Through Certificates Number: 3a$� Crvi V. April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants COMPLAINT IN EJECTMENT NOTICE AVISO You have been sued in court. If you wish to defend against the Le han demandado a usted en la corte. Si usted quiere defenderse claims set forth in the following pages, you must take action de estas demandas ex-puestas en las paginas siguientes,usted within twenty (20) days after this complaint and notice are tiene veinte(20)dias de plazo al partir de la fecha de la demanda served, by entering a written appearance personally or by y Ia notificacion. Hace falta asentar una comparencia escrita o attorney and filing in writing with the court your defenses or en persona o con un abogado y entregar a la come en forma objections to the claims set forth against you. You are warned escrita sus defensas o sus objeciones alas demandas en contra de that if you fail to do so the case may proceed without you and a su persona. Sea avisado que si usted no se defiende, la corte judgment may be entered against you by the court without further tomara medidas y puede continuar la demanda en contra suya sin notice for any money claimed in the complaint or for any other previo aviso o notificacion. Ademas, Ia corte puede decidir a claim or relief requested by the plaintiff. You may lose money favor del demandante y requiere que usted cumpla con todas las or property or other rights important to you. provisiones de esta demanda. listed puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LLEVE ESTA DEMANDA A UN ABOGADO LAWYER AT ONCE. IF YOU DO NOT HAVE A INMEDIATAMENTE. SI NO TIENE ABOGADO 0 LAWYER OR CANNOT AFFORD ONE,GO TO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR OR TELEPHONE THE OFFICE SET FORTH TAL SERVICO, VAYA EN PERSONA 0 LLAME BELOW TO FIND OUT WHERE YOU CAN GET POR TELEFONO A LA OFICINA CUYA HELP. DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Cumberland County Bar Association 32 South Bedford Street 32 South Bedford Street Carlisle,Pennsylvania 17013 Carlisle,Pennsylvania 17013 (800)990-9108 (800)990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID # 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass-Through Certificates 1610 East St. Andrews Place Santa Ana, California 92705 Number: vs. April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants 290 Liberty Drive Shippensburg, Pennsylvania 17257 COMPLAINT IN EJECTMENT 1. Plaintiff is the owner of the premises known as 290 Liberty Drive, Shippensburg, Pennsylvania 17257, by virtue of a Sheriffs Deed executed and delivered to Plaintiff on the 4th day of February, 2013 and recorded in Cumberland County on the 5th day of March, 2013 as Instrument Number 201307119. The legal description of which is set forth in the Sheriffs Deed which is attached hereto as Exhibit "A." 2. Plaintiff acquired title by reason of a Sheriffs Sale conducted by the Sheriff of Cumberland County on December 5, 2012, by reason of Writ of Execution issued out of Cumberland County Court of Common Pleas,Number 04-4893 CIVIL at the suit of New Century Home Equity Loan Trust Series 2003-4 Asset-Backed Pass Through Certificates v. April Young and Dwayne G. Young a/k/a Duwayne G. Young. 3. Defendants April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants are in possession of the foregoing described premises without title, color of title, or benefit of a lease from Plaintiff. 4. Defendants are wrongfully and unlawfully in possession of the premises. 5. Defendants have no rights of possession to said premises. 6. By reason of the aforesaid Sheriff's sale, Plaintiff holds paramount title to the premises but Defendants continue to unlawfully and willfully retain possession and keep Plaintiff out of possession thereof and refuse to vacate and deliver up the said premises to Plaintiff. 7. No landlord tenant relationship exists between Plaintiff and Defendants, either written or oral, express or implied, and no such relationship was created as a result of the mortgage foreclosure. 8. Because there is no landlord tenant relationship- this is an action in ejectment,not eviction- there is no requirement to give Defendants a notice to quit or vacate the premises. Further,the commencement of an action in foreclosure culminating in a sheriffs sale, followed by the filing of a complaint in ejectment should have put Defendants on notice that Plaintiff intends to recover full interest,title, and possession of the premises. 9. Notwithstanding the aforesaid, Defendants have willfully remained in possession of Plaintiffs property and refuse, and still refuse to vacate the premises and continue to occupy the same. WHEREFORE,Plaintiff demands a judgment be entered in its favor for possession of the property. McCABE, WEISBERG, AND..I ONWAY, P.C. „a_ BY: Atto for Plaintiff T FENCE J.McCABE,ESQUIRE MARC S.WEISBERG,ESQUIRE EDWARD D. CONWAY,ESQUIRE MARGARET GAIRO,ESQUIRE OSEPH I.FOLEY,ESQUIRE CHRISTINE L. GRAHAM,ESQUIRE VERIFICATION I, the undersigned, hereby verify that I am the attorney for the Plaintiff in this action, and that I am familiar with the matters set forth in the within action,that I am authorized to make this verification, and that the forgoing facts are true and correct to the best of my knowledge, information and belief, and further state that false statements herein are made subject to the penalties of 18 PA.C.S. § 4904 relating to unsworn falsifications to authorities. McCABE, WEISBERG, AND CONWAY, P.C.BY: Attar, s for Plainti TERRENCE J.McCABE,ESQUIRE MARC S.WEISBERG,ESQUIRE EDWARD D.CONWAY,ESQUIRE MARGARET GAIRO,ESQUIRE SEPH I.FOLEY,ESQUIRE 7 CHRISTINE L.GRAHAM,ESQUIRE Deutsche Bank National Trust Company,as Trustee for New Century Home Equity Loan Trust,Series 2003-4 Asset Backed Pass-Through Certificates v.April Young,Dwayne G.Young a/k/a Duwayne G.Young and Occupants EXHIBIT B /19j 002WGG Tax Parcel No. 39-37-2092-122 Know all Men by these Presents That 1,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 National Trust Company, as Trustee for New Century Home Equity Loan Trust, Series 2003-4 Asset Backed Pass-Through Certificates Writ No.2004-4893 Civil Term New Century Home Equity Loan Trust Series 2003-4 Asset-Backed Pass Through Certificates Vs April Young Dwayne G.Young,A/K/A Duwayne G.Young ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the easterly edge of Liberty Drive at corner of Lot C-4 on the hereinafter referred to plan of lots; thence by said Lot C-4 and Lot C-5 on said plan of lots,North 79 degrees 39 minutes 0 seconds East 200.31 feet to an iron pin at corner of Lot C-1 on said plan of lots; thence by said Lot C-1, South 10 degrees 40 minutes 0 seconds East 180.91 feet to a parker kalon nail in the center line of State Route 3002 known as the Cleversburg Road; thence with the center line of the Cleversburg Road, South 79 degrees 11 minutes 0 seconds West 96.32 feet to a parker kalon nail at corner of Lot C-3; thence by said Lot C-3,North 10 degrees 21 minutes 0 seconds West 151.69 feet to an iron pin; thence by the same, South 79 degrees 39 minutes 0 seconds West 105 feet to an iron pin on the easterly edge of Liberty Drive; thence with the easterly edge of Liberty Drive,North 10 degrees 21 minutes 0 seconds West 30 feet to an iron pin, the place of beginning, containing 20,521 square feet. IMPROVEMENTS consist of a residential dwelling. MUNICIPALITY SOUTHAMPTON TOWNSHIP BEING PREMISES: 290 Liberty Drive Shippensburg,PA 17257 SOLD as the property of APRIL YOUNG and DWAYNE G. YOUNG AJK/A DUWAYNE G. YOUNG Deed Book 259 page 910 TAX PARCEL#39-37-2092-122 The same having been sold by me to the said grantee on the 5th day of December Anno Domini Two Thousand and Twelve (2012) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 29th of August Anno Domini 2012 out of the Court of Common Pleas of Cumberland County,Pennsylvania, as of Civil Term, Two Thousand and Four(2004)Number 4893 at the suit of New Century Home Equity Loan Trust Series 2003-4 Asset-Backed Pass Through Certificates—vs-April Young and Dwayne G. Young,A/K/A Duwayne G.Young In Witness Whereof,I have hereunto affixed my signature this 4th di,. ■ •f February Anna Domini Two Thousand and Thirteen(2013) ,,,, Ronn • • Anderson, Sheriff 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 4 t h day of February Anno Domini Two Thousand and Thirteen (2013) i' ea ., 1I I_III a 1 AA/ Prothonotary ,,., ;i1t;$��:- ,. Prothonotary,Cumberiaiiif County,Carfisk,PA My Conwnission ExpMjs the First Monday of Ian.2014 vt:v/ 1 hereby ex4ifyll atthe retii anbe'. And Posf Off1ce:ad Tess of the Within Gffanted- -9, ' 1610 East St.Andrer s,Str• et.; -. Santa Ana, CA 92'710'5''',�,' 1 Richard W. Stewart Solicitor i 1 ROBERT P. ZIEGLER RECORDER OF DEEDS 4 CUMBERLAND COUNTY /IIT- 1 1 COURTHOUSE SQUARE `' ' ` " CARLISLE, PA 17013 717-240-6370 r i `.� r1 i' I Instrument Number-201307119 Recorded On 3/5/2013 At 11:06:15 AM *Total Pages-5 *Instrument Type-DEED-SHERIFF'S Invoice Number-130818 User ID-KW *Grantor-YOUNG,DUWAYNE G *Grantee-NEW CENTURY HOME EQUITY LN TR *Customer-SHERIFF/KML LAW GROUP *FEES STATE TRANSFER TAX $1,193.50 Certification Page STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 DO NOT DETACH JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 SHIPPENSBURG •AREA $596.75 SCHOOL DISTRICT SOUTHAMPTON TOWNSHIP $596. 75 TOTAL PAID $2,450.00 I Certify this to be recorded in Cumberland County PA n � RECORDER O D EDS *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002WGG 1 III 111111 II FtIIIII EXHIBIT C APRIL YOUNG DUWAYNE YOUNG 290 LIBERTY DRIVE SHIPPENSBURG,PENNSYLVANIA 17257 (717)404-7047 Deutsche Bank National Trust Company,as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMAN PLEAS Pass-through Certificates 1610 East St.Andrews Place Number: 13-3280 Civil Santa Ana,California 92705 Vs. APRIL YOUNG,DWAYNE YOUNG a/k/a DUWAYNE YOUNG and Occupants 290 Liberty Drive Shippensburg,Pennsylvania 17257 ANSWER TO COMPLAINT IN EJECTMENT 1. DENIED The plaintiff may have received the premises known as 290 Liberty Drive Shippensburg, Pennsylvania 17257 by Sheriffs sale but they did not have the right to buy the property.The Plaintiff came into a judgment for said property in a illegal manner. They would not have gotten judgment if not for Plaintiff Attorney putting a stop to any and all refinancing. 2. DENIED They may have acquired said property at sheriff sale but did not do so in a legal manner. 3. DENIED If April Young and Duwayne Young and Occupants are in possession of the foregoing described premised without title,color of title,or benefits to Plaintiff why are they still billing for payment for said property. EXHIBIT A-H. 4. DENIED 5. DENIED Defendants have every right to have possession to the premises because of the way the Plaintiffs got the Sheriff sale. 6. DENTED If the Plaintiffs would have cooperated with Lenders they would have gotten paid for said property instead of getting it in Sheriff sale. 7. ADMITTED 8. DENIED The Plaintiffs had no right to get the said property in a Sheriff sale by tricky and lies. Refinancing could have happen. 9. DENIED the Defendants remain on the property because said property should still belong to the Defendants if for not the untruths my the Plaintiff. Plus the Defendants are to being billed to stay on the property even they know I have a right to be on said property. WHEREFORE,Defendants respectfully requests that the complaint be dismissed. NEW MATTER 10. If The Plaintiffs would have cooperated with Lenders they would have gotten paid for said property at 290 Liberty Drive Shippensburg Pennsylvania 17257 in 2006,2008,2009,2010,2011,and again in 2012. The Plaintiffs own Attorney went in a Cumberland County Court Room and said that he did not cooperated with lenders and after Attorney not cooperating Defendants would go to the New Century where they would give a pay-off of 1000s more then judgment.EXHIBIT I you can see that they gave a pay-off of 160859.31. EXHIBIT J you can see they gave a pay-off of 177144.15. 11. The Defendants are entitled to the property because of the fact that in Bankruptcy Court the Plaintiffs would go into court and say that the Defendants would not make there payments when they did so they could take possession of said property. As you can see payments made between 12/2007- 5/2008 by Duwayne Young's employer EXHIBIT K they are 8lpayments but in EXHIBIT L you can see that New Century only gave credit for 65 and one is for 2.75 cents instead of 275.00. That doesn't count the payments that was returned or just not cashed. Proving that the Plaintiffs could have gotten paid if not for incompetence on their part. 12.Even the Plaintiff believe that the Defendants have right to the property at 290 Liberty Drive in Shippensburg Pennsylvania 17257 base on the facts that they are still mailing them monthly statements until the month of June 2013.If the Defendants did not have claim to said property the Plaintiffs would not be giving monthly statements.EXHIBIT A-H. 13.The Plaintiffs would not have gotten the property at 290 Liberty Drive in Shippensburg,Pennsylvania 17257 if not for trickery and lies. Giving wrong pay-off amounts or not settling disputes with the Defendants as shown in EXHIBITS I THOUGH L. 14. The said property should be returned to APRIL YOUNG AND DUWAYNE YOUNG on the bases that they tried the pay for the property and NEW CENTURY WOULD NOT EXCEPT PAYMENT IN FULL. DATE June 26,2013 APRIL YOUNG AND DUWAYNE YOUNG 290 LIBERTY DRIVE SHIPPENSBURG,PENNSYLVANIA 17257 VERIFICATION I,the undersigned,hereby verify that the forgoing facts are true and correct to the best of my knowledge,information and belief,and further state that false statements herein are made subject to the penalties of 18 PA.C.S.4904 relating to unsworn falsifications to authorities. APRIL YOUNG AND DUWAYNE YOUNG 290 LBERTY DRIVE SMPPENSBURG,PENNSYLVANIA 17257 (717)404-7047 CARRINGTON II T M AGE SERVICES, P.O.BOX 692408 SAN ANTONIO,TX 78269-2408 2544 0.7640 MB 0.405 16 11 5 tlltttltttt1llt0l1tt1thillitttnmPtWttttl,tmbt„l+1 APRIL YOUNG JUNE 6, 2013 290 LIBERTY DR SHIPPENSBURG PA 17257-8239 Subject: Please provide insurance information for Property Address: 290 LIBERTY DRIVE Coverage Amount:$139,258 SHIPPENSBURG, PA 17253 Fire Insurance Expiration Date: 06/01/13 Loan Number: 1005952 NOTICE TO PROVIDE FIRE INSURANCE Dear April Young: We want to let you know that our records indicate your fire/homeowner's insurance expired on the date noted above. We must receive evidence of the continuation of your insurance coverage as soon as possible. Please read the important information and instructions contained in the letter. Your loan agreement requires you maintain fire insurance covering your home, at all times. If you fail to provide or maintain fire insurance effective from the date shown above, or if the insurance you provide does not meet our requirements, we may purchase fire insurance at your expense. The annual premium for this policy will be $1,128.00 and will be billed as a monthly installment. The cost of the insurance we purchase is likely to be much higher than the cost of the insurance you could obtain on your own. The insurance we purchase will be primarily for our benefit, may not fully cover your interest in the property, and will not provide all of the coverages included in your prior policy, such as liability and contents coverages. The fire insurance we obtain will supersede any lender coverage remaining in effect under your previous insurance policy. Obtaining your own insurance is in your best interest. Please provide us with written proof of an acceptable replacement policy as soon as possible by asking your agent to either fax us a policy declaration page at (866) 493-1441, or mail it to the address shown below. Please ensure that the documentation references your loan number listed above, and that the Mortgagee-Payee Clause reads: CARRINGTON MORTGAGE SERVICES, LLC ISAOA/ATIMA P.O.BOX 692408 SAN ANTONIO, TX 78269-2408 wan v,lic;r1 CRG047 016900FDCP19912120101 01 EXPIRED INS LTR 1 F 1005952 April Yourg Or you may update your fire insurance coverage information online at www.imcovered.comicarrington. It is very important that we receive this information in our office within thirty (30) days. Once we have received the information, we will update our records. If we purchase insurance because we have not received proof of acceptable insurance from you, the insurance we obtain will remain in effect until you provide us with evidence of other acceptable coverage. You may cancel the insurance we obtain at any time by providing us evidence of other acceptable coverage. When you provide proof of acceptable coverage, the policy we obtain will be cancelled as of the effective date of your own insurance, and you will receive a refund for any unearned premium, as calculated by the insurance company. In connection with the services performed to obtain such lender placed insurance on your behalf one of our affiliates may receive a commission. We strongly recommend that you obtain your own insurance coverage. If you have questions, or need any additional information, please feel free to call our Customer Care Department toll free at (866) 735-4867. Our Customer Care professionals are available to assist you from 7:00 a.m. to 9:00 p.m, Central Time, Monday through Friday, except major holidays. Sincerely, Fire Insurance Processing Center Carrington Mortgage Services, LLC IMPORTANT BANKRUPTCY INFORMATION If you or your account is subject to pending bankruptcy proceeding, or if you received a bankruptcy discharge, this letter is for informational purposes only and is not an attempt to collect a debt. EEO MIME MEI Reference#: 6900 Unique Identifier#: 3817996201 CRG048 026900FDCP19912120102 01 EXFIRED INS LTR 1 F( - - Customer Service 1-800-561-4567 Mon-Fri 6:00AM to 6:00PM Pacific Time C 7 RIN TON Refinance inquiries 1-888-267-2451 Mon-Fri 6:00AM to 6:00PM Pacific Time ri�a,�. �_r.c Visit us online at: myloan.carringtonms.com A,h�r krlJlr�a l P.O. Box 54285•Irvine,CA 92619-4285 • Mortgage Statement, Statement Date 04/18/13 13597/ 9E 01/01 Loon Number 0001005952 il(i'Ilul'riceidlithill'i'iiiil'illiiIIIIT IIIPPi"i{lii'1 Property Address: 290 LIBERTY DRIVE APRIL YOUNG SHIPPENSBURG PA 17253 Mr 290 LIBERTY OR r SHIPPENSBURG PA 17257-8239 i/ .?.�'?CAfc ! , ia.,.,1. ' ". ii :51i:4t t s.:0; .' Loon Due Date 03/01/06 Current Payment Due Date 05/01/13 Current Payment Due _: „f,::',>,::,:.,::,4 Principal and Interest $873.33 � � Escrow* $1,944.38 Unpaid Principal Balance $110,393.21 Optional Products $ .00 Deferred Balance(s) N/A Other $ .00 Escrow Balance -$26,306.62 Other Amounts Due Suspense Balance $873.33 Past Due Payment(s) $93,955.53 Negative Amortization Balance• N/A Short Poyment(s) $ .00 a"�ttat +isticttf'y h < Default Cast(s) $24, 119.54 G�`o,FS��«��.� ;' Interest Rate 8.50000% NSF Fees $20.00 Maturity Date 09/2033 Pay By Phone Fees $ .00 Modification Date N/A Unpaid Late Charges $9,153.20 Interest Paid Year-To-Date $ .00 Other Fees or Costs $ .00 Taxes Paid Year-To-Date* $ .00 TOTAL AMOUNT DUE $130,085.98 •Please see the reverse side of this statement for additional information. y y f 1 { .y:,.$> t." £ ,., ' f ti a+. 6 � s ...r.. .,. t y !f< Yaom � " ro r �y � ✓t�.i Y.d. ev .,.;1 ...r c ` .K . v eeC ” . . r '.-:,,,,,..,...,:,-i . 1r1 v *' i{�� '3K:. t t 1*, e' a jz ' ,..F . " „ .-. � . ..v. Date Description Amount Principal Interest Escrow Late Charge Suspense Miscellane 04/02 Hazard Insurance $93.98 -$93.98 D i sbur Bement Special Messages Announc i ng� CMS. 0 erect Pay Sery f ces i We are now able to draft your payments from your chocking or savings account automatically every month.The program can say you time and give you peace of mind knowing your monthly mortgage payments are taken care of. Please call our Customer Service department at(800)561-4567 to see if you quality. Our records indicate that you are currently covered under Lender Placed Hazard Insurance. Obtaining your own insurance could save you money. Please see the reverse side of this statement for important insurance information. $ A sz E),„),;,No. Please detach the coupon portion of this statement and mail it with your check or money order to the Payment Processing Center using the return envelope provided.Be sure that the address shows through the window of the envelope. Be sure to writs your account number on your check or money order. PLEASE DO NOT SEND CASH. Do not delay payments i you ore awaiting correspondence,research or a new billing statement. Please do not send the entire statement or include correspondence with your payment. Customer Service 1-800-561-4567 Mon-Fri 6:00AM to 6:00PM Pacific Time CAIIRINGTON Refinance Inquiries 1-888-267-2451 Mon-Fri 6:00AM to 6:00PM Pacific Time MORTGAGE SERVICES. t.l.0 Visit us online at: myloan.carringtonms.com P.O.Sox 54285•Irvine,CA 92619-4285 +rocM. . t Mortgage Statement Statement Date 03/18/13 13860/ RE 01/01 Loan Number 0001005952 Property Address: I {I{i( .I r { I{ 11I I{,Irl II I{r II l II i l{ I{{1 rrr { I{ 290 LIBE RTY DRIVE APRIL YOUNG SHIPPENSBURG PA 17253 290 LIBERTY DR � '.e. SHIPPENSBURG PA 17257-8239 it!pymYtekrt= nfotliiltitlolti `_ , Loon Due Date 03/01/06 Current Payment Due Date 04/01/13 Current Payment Due Principal and Interest $873.33 fain:iBtiBIVI n Escrow' $1,944.38 -Unpaid Principal Balance $110,393.21 Optional Products $ .00 Deferred Balance(s) N/A Other $ .00 Escrow Balance -$26,212.64 Other Amounts Due Suspense Balance $873.33 Past Due Payment(s) $91 , 137.82 Negative Amortization Balance` N/A Short Payment(s) $ .00 I,oiltl'Etitti*tcttlartt ,.: Default Cost(s) $24, 119.54 Interest Rate 8.50000%j NSF Fees $20.00 Maturity Date 09/2033 Pay By Phone Fees $ .00 Modification Date N/A Unpaid Late Charges $9, 109.54 Interest Paid Year-To-Date $ .00 Other Fees or Costs $ .00 Taxes Paid Year-To-Dote' $ .00 TOTAL AMOUNT DUE $127,204.81 *Please see the reverse side of this statement for additional information. Ass 4Etsltl+«t .ir iitftt ii#+�fttr �Nfltt Date Description Amount Principal Interest Escrow Late Charge Suspense Miscellaneou! 03/08 Hazard Insurance $93.98 -$93.98 Disbursement 02/19 FCL RECORDATION COSTS $2,387.00 Billed Special Messages Announcing CMS Direct Pay Service!, We are now able to draft your payments from your checking or savings account automatically every month.The program can save you time and give you peace of mind knowing your monthly mortgage payments are taken care of. Please call our Customer Service deportment at(800)561-4561 to see if you quality. Our records indicate that you are currently covered under Lender Placed Hazard Insurance. Obtaining your own insurance could save you money. Please see the reverse side of this statement for important insurance information. Ey,„Vii b ri''' Co Please detach the coupon portion of this statement and mail it with your check or money order to the Payment Processing Center using the return envelope provided.Be sure that the ....—.....mmaisaffir 11111111401r r^t Customer Service 1-800-561-4567 Mon-Fri 6:00AM to 6:00PM Pacific Time ■ A R INGT E N Refinance inquiries 1-888-267-2451 Mon-Fri 6:00AM to 6:00PM Pacific Time J 1 MORTGAGE iJ! RV lJ Visit us online at: myloan.carringtonms.com MORTGAGE SERVICES, Li.0 P.O.Box 54285•Irvine,CA 92619-4285 Mortgage Statement :_ill Statement Date 02/18/13 ' 14776/ RE 01/01 Loan Number 0001005952 Property Address: 1111111rrl111111d Illilltr6illlI'IIIIIIIII'I"I1114 lr,IIIII'I 290 LIBERTY DRIVE APRIL YOUNG SHIPPENSBURG PA 17253 'fl'i 290 LIBERTY DR Y,A. SHIPPENSBURG PA 17257-8239 Loan Due Date 03/01/06 Current Payment Due Date 03/01/13 Current Payment Dim Principal and Interest $873.33 ., , litiii i lfa ..r.;; ,, Escrow' $1,944.38 .. Unpaid Principal Balance $110,393.21 Optional Products $ ,00 Deferred Balance(s) N/A Other $ .00 Escrow Balance -$26, 118.66 Other Amounts Due Suspense Balance $873.33 Past Due Payment(s) $88,320. 11 Negative Amortization Balance' N/A Short Payment(s) $ •00 M, } ...,. af7-�171f kk"!"MS#tiOf1 a >> :: <:' Default Cost(s) $21,732,54 Interest Rate 8.50000% NSF Fees $20.00 Maturity Date 09/2033 Pay By Phone Fees $ .00 Modification Date N/A Unpaid Late Charges $9.065.88 Interest Paid Year-To-Date $ .00 Other Fees or Costs $ .00 Taxes Paid Year-To-Dote` $ .00 TOTAL AMOUNT DUE $121,956.24 • - Please see the reverse side of this statement for additional information. :? ...?,:.- ... a J.,K'..:.`....?. : .., ..,i�eYE�{,fiil 1�*ril iToo ;SMtom::. ...:�.... t..'�',.*6'�'..... : n:5. Date Description Amount Principal Interest Escrow Late Charge Suspense Miscellanea 01/31 Hazard Insurance $93.98 $93.98 Disbursement 01/24 FCL LITIGATION FEES $350.00 Billed 01/24 FCL SHERIFF'S FEES AND $25.00 COSTS Billed 01/24 FCL RECORDATION COSTS $52.00 Billed 01/24 FCL TITLE FEES Billed $375,00 Special Messages Announcing CMS Direct Pav Service! We are now able to draft your payments from your checking or savings account automatically every month.The program can save you time and give you peace of mind knowing your monthly mortgage payments are taken care of. Please call our Customer Service department at(800)561-4567 to see if you quality. Our records indicate that you are currently covered under Lender Placed Hazard Insurance. Obtaining your own insurance could save you money. Please see the reverse side of this statement for important insurance information. °I auk 011111:) i Please detach the coupon portion of this statement and mail it with your check or money order to the Payment Proassinp Center using the return envelope orovided.Be sure that the cARRINGToNP.O. Box 54285, Irvine, CA 92619-4285 nrortT GAGE SERVICES. [,LC (888)788-7306 Fax(949)517-5220 February 1 1,2013 APRIL YOUNG 290 LIBERTY DR SHIPPENSBURG, PA 17257-8239 Property Address: 290 LIBERTY DRIVE SHIPPENSBURG, PA 17253-0000 RE: Loan Number: 1005952 Dear Mortgagor(s): At CMS we recognize that federally-declared, major natural disasters can cause our customers significant personal and financial hardship and that recovering from such disasters may often be difficult. We were recently notified of a Major Disaster Declaration in your community by the Federal Emergency Management Agency (FEMA). In response to such catastrophic events and to meet the needs of our valued customers, CMS has a program that evaluates, on a case-by-case basis, each affected customer's situation and eligibility for potential, individually-tailored relief. CMS customers who have been forced to evacuate their personal residence or whose homes have been damaged or destroyed as a result of a federally-declared, major natural disaster, may contact CMS to determine if they qualify for any of the following payment relief and other customer accommodations: • Waiver of assessments of penalties or late fees, • Payment deferments, • Forbearance or repayment plans,or • Suspension of credit reporting to reporting agencies while on a forbearance or repayment plan. For specific details regarding this program please contact us at(800) 790-9503 Monday through Friday from 5:00 a.m. to 6:00 p.m.,Pacific Time. Sincerely, Customer Service Department Carrington Mortgage Services, LLC -IMPORTANT BANKRUPTCY NOTICE If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage,please forward this document to your attorney. 11.4''= ` \lobe( D525ND_CMS Page 1 of 2 2273178200 CARRINGTON h16R'PGAG14 SLR',ICES, i.LC 02/09/13 FOR INFORMATIONAL PURPOSES ONLY APRIL YOUNG 290 LIBERTY DR SHIPPENSBURG PA 17257 Re: Loan Number 0001005952 Dear Borrower(s) : In accordance with specific provisions in your Adjustable Rate Note your loan was recently analyzed for possible interest rate and/or payment adjustments. The following information will be applied to the loan as a result of this analysis. The interest rate adjustment date for the loan is 03/01/13, with a corresponding payment change effective date of 04/01/13. The projected principal balance on the interest rate Change Date is $ 101573.13. Current Index Rate 0.72590% New Index Rate 0. 46840% Current Interest Rate 8, 50000% New Interest Rate 8.50000% Current Payment $ 873.33 New Payment $ 873.33 The index used to establish the new interest rate is the 6 month LIBOR as made available as of the first business day of the month immediately preceding the interest rate Change Date. The new interest rate was determined by adding the index value of 0.46840% plus the margin of 5.75000%, and then rounding to the nearest .125% (subject to the interest rate cap limitations as specified in your Adjustable Rate Note) . The interest rate at the first Change Date may not increase more than 1.50000% or decrease more than 1.50000% from the original interest rate of 8.50000%. Thereafter the interest rate will never be increased or decreased on any subsequent Change Date by more than 1.50000% per adjustment. The next date the interest rate on the loan is scheduled to change is 09/01/13. Effective 04/01/13, your new principal and/or interest payment will be $ 873.33. Your total payment, with impounds if applicable, will be $ 999.33; however, this figure may change further for escrowed loans due to future escrow analyses. If you have any questions concerning this notice, please contact our Customer Service Department at 800.561.4567, Monday through Friday, 6:00 AM to 6:00 PM, Pacific Standard Time. Ety. VA- Customer Service 1-800-561-4567 Mon-Fri 6:00AM to 6:00PM Pacific Time CAltRINGTO _ Refinance Inquiries 1-888-267-2451 Mon-Fri 6:00AM to 6:00PM Pacific Time �Ituzrl�,ir,{> sl>11 s:r:;w, I,L Visit us online at: myloan.carringtonms.com P.O.Box 54285•Irvine,CA 92619-4285 Mortgage Statement • Statement Date 01/18/13 14129/ RE 01/01 Loan Number 0001005952 Property Address: Ill1llltr ils ltl lslliii:1lllr ltl111ltilllllllltl"Illi'l11"IIIIIti 290 LIBERTY DRIVE k.. APRIL YOUNG SHIPPENSBURG PA 17253 ke it.fo l'j 290 LIBERTY DR - SHIPPENSBURG PA 17257-8239 {a raYnlitent`itITOrtrinti<n` Loan Due Dote 03/01/06 Current Payment Due Date 02/01/13 Current Payment Due Principal and Interest $873.33 :LaaD:gatio vices,. Escrow` $1,944.38 Unpaid Principal Balance $110,393,21 Optional Products $ .00 Deferred Balonce(s) N/A Other $ .00 Escrow Balance -$26,024.68 Other Amounts Due Suspense Balance $873.33 Past Due Payment(s) $85,502.40 Negative Amortization Balance` N/A Short Payment(s) $ .00 -wan formation Default Cost(s) $20,930.54 Interest Rate 8.50000% NSF Fees $20.00 Maturity Date 09/2033 Pay By Phone Fees $ .00 Modification Date N/A Unpaid Late Charges $9,022.22 Interest Poid Year-To-Date $ .00 Other Fees or Costs $ .00 Taxes Paid Year-To-Date• $ .00 TOTAL AMOUNT DU! $118,292.87 'Please see the reverse side of this statement for additional information. . t o- r cti >t t� !'4 e . 11t#t#. . , ,s 1........ ..'...{., . ..., Date Description Amount Principal Interest Escrow Late Charge Suspense Miscellaneoi 01/17 BROKERS PRICE OPINION $90.00 FEE Billed 01/15 AUTOMATED VALUATION $9.00 MODEL FEE Billed 01/02 Hazard Insurance $93.98 -$93.98 Disbursement Special Messages AnnounctnqCMS Direct Pay Service! We are now able to draft your payments from your checking or savings account automatically every month.The program can save you time and give you peace of mind knowing your monthly mortgage payments are taken care of. Please call our Customer Service department at(800)561-4567 to see if you quality. Our records indicate that you are currently covered under Lender Placed Hazard Insurance. Obtaining your own insurance could save you money. Please see the reverse side of this statement for important insurance information. flit„ lb., viiielik , q Please detach the coupon portion of this statement and moil it with your check or money order to the Payment Processing Center using the return envelope provided.Be sure that the ...1.1.....1........I........L.L....t..Jwu.�t.L......I.-- D.......-....:v.......��...-.-...L..�...-...J.-.L-.—.......J.. DIC£CC P \Ir1T CC\Inr CATIRINGTON Customer Service 1-800-561-4567 Mon-Fri 6:00AM to 6: PM Pacific Time Refinance Inquiries 1-888-267-2451 Mon-Fri 6:00AM to 6:00PM Pacific Time MORTGAGE SERVICES,r,r.c Visit us online at: myloan.carringtonms.com P.O.Box 54285•Irvine,CA 92619-4285 1 Mortgage Statement Statement Date 12/18/12 14442/ RE o1/01 Loan Number 0001005952 iiitiliulisiuisli111111i'1,11111.1I11111ii'1"liil'1.1i1ii1i.1 Property Address: 290 LIBERTY ()RIVE APRIL YOUNG SHIPPENSBURG PA 17253 i; 3 290 LIBERTY DR SHIPPENSBURG PA 17257-8239 Loan Due Date 03/01/06 Current Payment Due Dote 01/01/13 Current Payment Due Principal and Interest $873.33 Escrow' $1,944.38 Unpaid Principal Balance $1 10,393.21 Optional Products $ .00 Deferred Bolance(s) N/A Other $ .00 Escrow Balance -$25,930.70 Other Amounts Due Suspense Balance $873.33 Negative Amortization Balance' N/A Past Due Payment(s) $82,684.69 Short Payments) $ .00 :G. 1i'` n lrmat�Ot11 , , Default Cost(*) $20,831.54 Interest Rate 8,50000% NSF Fees $20.00 Maturity Date 09/2033 Pay By Phone Fees $ .00 Modification Date N/A Unpaid Late Charges $8,978.56 Interest Paid Year-To-Date $ .00 Other Fees or Costs $ .00 Taxes Paid Year-To-Date• $2,011 .09 TOTAL AMOUNT DUE $115,332.50 'Please see the reverse side of this statement for additional information,Date Description Amount Principal Interest Escrow Late Charge Suspense Miscellanea 11/30 Hazard Insurance $93.98 -$93.98 Disbursement Special Messages Announcing CMS Direct Pay Servicel We are now able to draft your payments from your checking or savings account automatically every month.The program can save you time and give you peace of mind knowing your monthly mortgage payments are taken care of. Please call our Customer Service department at(800)561-4567 to see if you quality. Our records indicate that you are currently covered under Lender Placed Hazard Insurance. Obtaining your own insurance could save you money. Please see the reverse side of this statement for important insurance information. E e b*101 ‘101. Please detach the coupon portion of this statement and mail it with your check or money order to the Payment Processing Center using the return envelope provided.Be sure that the 06/08/2007 FRI 9:34 FAX 2144205920 FIXFUNDING Z002/004 a001/003 05/31/2007 09:53 FAX ry, NiEw ENTt IRY Air ` 0001005952 • • Sox 5420 kVine.CA11,2619.42EI5 WM..5814,567 Fax 949.617.5220 mylaxn.rxmcentury.com 05/31/07 PAYOFF STATEMENT To: FIX HARBOR FAX* 866 587 4884 PH# 866 907 2626 SM Loan Number: 0001005952 Re: Mortgagor: APRIL YOUNG Co-Mortgagor: Property 290 LIBIZRTY DRIVE SHIPPENSHURG PA 17253-0000 These figures are good to 06/08/07 subject to the conditions herein. This loan is due for the 10/01/02 The current total unpaid principal balance is $ 112500.00 Interest at: 8.50000 40142.52 Recording Fee: 27.00 Other Unpaid Pees: 15416.69 Recon/ Release Fee: 21,00 Faxing Fee: 0. 00 Optional Insuranoe: 0.00 Late charges: 2063.24 Escrow Impound Shortage! 6973.70 Prepayment Penalty: $ . 41 * * * TOTAL AMOUNT TO PAY LOAN IN FULL * * * $ 177144.15 Funds received on or after 06/08/07 will require an additional $ 34.2894 interest per day. >>>». »>,>5,>>>>».'*› 5.››››››››››››,››››>››››>›,.›.›>››››››››› . .› . • THE PAYOFF AMOUNT CONTAINED HEREIN IS EXPRESSLY SUBJECT TO « » VERIFICATION PRIOR TO THE CLOSE OP ESCROW AND DISBURSEMENT « » OF PAYOFF FUNDS. ADDITIONAL FEES AND/OR COST OR OTHER cc- › ADVANCES KAY HAVE OCCURED AFTER- THE DATE OF THIS PAYOFF • STATEMENT. NEW CENTURY MORTC1AGE CORPORATION RESERVES THE ,44 » RIGHT TO RETURN ANY AND ALL PAYOFFS THAT ARE SHORT. >> ONLY CERTIFIED FUNDS, TITLE COMPANY ESCROW TRUST CHECKS, » CLOSING ATTORNEY TRUST ACCOUNT CHECKS, OR BANK WIRES WILL <.4 » BE ACCEPTABLE FORMS OF PAYMENT e‹ >> >> > >; > > Please remit payoff checks at the address below: 1610 E. St. Andrew Place Suite B-150 Santa Ana, CA 9270S Attention: Cashiering 3-38 Page 1 of 3 r IA; 11.64 06/0B/2007 FRI 9:35 FAX 2144205920 FIXFUNDING 1003/004 03/31/2007 09:53 FAX j002/003 1Z. NEW CENTL1PY P.O.Box 54 U5 Irvine,CA 82M 10.4256 800.561.4567 F$ !I49.517.S22O myktiometticenbay,com Failure to send cheeks to the above address may result in the accrual of additional interest. Iesuance of this statement does not suspend the contract requirettteht to make the mortgage payments when due. A late charge of $ 53.68 will be assessed 15 days after a current payment is due and should be added to the payoff total if received after that time. Payoff Department New Century Mortgage Corporation 'it hg -netructlans Below are the wiring instructions for payoffs to be sent to New Century Mortgage Corporation Name: Union Bank of California 445 S. PxguerQa Street Loa Angeles, CA 50071-1655 ABA #: 122o00496 SNP: New Century MTC Payoff Account ACCT #= 2110103940 DUE BEFORE 2:00 PM PST PLEASE ATTACH BORROWER'S NAME AND LOAN NUMBER INpk'NTI 'ICATION PURPOSES. FAILUZ',E TO DO SO MAY RESULT IN THE RETURNING OF FUNDS. 3-3S Page 2 of 3 08/08/2007 FRI 9:35 FAX 2144205920 FIXFUNDING 2004/004 05m/2007 09:54 FAX 0 003/003 NEW CENTURY P.O.Box 54205 Irvine,CA 92819-4255 QQ.5e1.4,67 Fax 949,517.5220 myban.neweer+tvry.co n PAYOFF STATFNT DISCLAIMER LETTER The itemized amounts in this payoff statement are subject to final verification upon receipt of funds by New Century Mortgage Corporation. We reserve the right to adjust these amounts and decline to pay the account in full. If the payoff funds are insufficient to payoff the account in full for any reason, including but not limited to, error in calculation of the payoff amount, previously dishonored check(s) or money order(s) , or as a result of additional disbursements or adjustments made by New Century Mortgage Corporation between the date of this payoff statement and receipt of the payoff funds, Notice to borrowers with adjustable rate mortgages: The interest rate provided on the payoff statement represent the interest rate in effect on your account at the time the payoff statement was generated- payoff funds received may not be applied at this interest rate if the interest rate subsequently changed. INSUFFICIENT PAYOFF FUNDS Any payoff funds received by New Century Mortgage Corporation fox an amount less than that required to pay the account in full, except in West Virginia, will be applied first to any loan payments delinquent or due, accrued interest, recoverable advances and fees. Any remaining funds will be applied to the principal balance of the account, The Funds will be applied effective the day the payoff funds are received by New Century Mortgage Corporation. The account will not be considered paid in full even if the negotiable instrument received contains or is accompanied by language asserting such. By accepting and negotiating any negotiable instrument, New Century Mortgage Corporation does not revoke it's legal claim for all outstanding amounts due on the account. Interest will continue to accrue on the principal balance remaining on the account until the entire outstanding amount is paid in full. In the case of insufficient funds, the issuer of the instrument will be contacted for any remaining amount due and now payable_ Written authorization is required to credit a positive escrow balance to the payoff amount. For accounts secured by property in the state of West Virginia: If the negotiable instrument is for an amount less than what is required to pay the account in full, the issuer will be contacted prior to the application of the instrument to the account. 3-38 Page 3 of 3 PAYMENT HISTORY FOR DUWAYNE YOUNG AS OF 07/01/08 Hi III ' (II' i !`'',HI';i l '' li: , l 'II ill 1 :' . , "ii ,,,EII, 3 , , i..... !I „ 1 Il 'I l,' ' ` ,, i` 1, EI1 'l i1, , ;",I'' 02 YOUNG,DUWAYNE G 247.75 06/27/200820455043• 02 YOUNG tDUWAYNE G _ 247.75 06120/200820265784• Q2 YOUNG,DUWAYNE G 247.75 06/13/200820102183- 02 YOUNG,DUWAYNE G 247.75 06/06/200819918402 02 YOUNG,DUWAYNE G 247.75 05/30/200819721213 ,02 YOUNG,DUWAYNE G 247.75 05123/200819523766 02 YOUNG,DUWAYNE G 247.75 05/161200819369574 02 YOUNG,DUWAYNE G 247.75 05/09/200819083011 02 YOUNG,DUWAYNE G 247,75 05/02/200818903814 02 YOUNG,DUWAYNE G 247.75 04125/200818750843 02. NYOUNG,DUWAYNE G 247.75 04/18/200818500411 02 YOUNG,DUWAYNE G 247.75 04/11/200818340791' 02 YOUNG,DUWAYNE G 247.75 04/04/200818139250 02 YOUNG,DUWAYNE G 247.75 03/28/200817889771 02 YOUNG,DUWAYNE G 247,75 03/211/200817763936 02 `YOUNGPUWAYNE G 247,75 03/14/200817499161• 02 1YOUNG,DUWAYNE G 247.75 03/07/200817363319 02 YOUNG,DUWAYNE G 247.75 02/29200817096706 a� 7 1 it ' --'�` '� 4 ■ I /IQ r # r • ill 4./1J 1)(4 1 1 Au t K C)C 11 9 N NAME UEN CID CHECK DATE AMOUNT YOUNG,DUWAYNE G 2 LOAN#1005952 2/28/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 3/6/08 $247,75 YOUNG,DUWAYNE G 2 LOAN#1005952 3113/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 3/20/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 3/27/08 $247,75 YOUNG,DUWAYNE G 2 LOAN#1005952 4/3/08 $247,75 YOUNG,DUWAYNE G 2 LOAN#1005952 4/10/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 4/17/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 4124/08 $247,75 YOUNG,DUWAYNE G 2 LOAN#1005952 5/1/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 5/8108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 5/15/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 5/22/08 $247.75 YOUNGGDUWAYNE G 2 LOAN#1005952 5/29/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 615/08 $247.75. YOUNG,DUWAYNE G 2 LOAN#1005952 6/12/08 $247.75 YOUNG,DUWAYNE 0 2 LOAN#1005952 6/19/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 6/26/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 7/3/08 $247.75 YOUNG,DUWAYNE 0 2 LOAN#1005952 7110/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 7/17/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 7/24/08 $247.75 YOUNGLDUWAYNE G 2 LOAN#1005952 7/31/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 8/7/08 $247,75 YOUNG DUWAYNE G 2 LOAN#1005952 8/14/08 $247.75, YOUNG,DUWAYNE G 2 LOAN#1005952 8/21/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 828/08 $247.75 YOUNG,DUWAYNE 0 2 LOAN#1005952 9/4/08 $247.75 YOPNG,DUWAYNE G 2 LOAN#1005952 9111/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 9/18108 $247,75 YOUNG,DUWAYNE G 2 LOAN#1005952 9/25/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 10/2/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 10/9108 $ 47,75 YOUNG,DUWAYNE G 2 LOAN#1005952 10/16/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 10/23/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 10/30/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 11/6108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 11/13108 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 11/20/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 11/26/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 12/4/08 $247,75 YOUNG DUWAYNE G 2 LOAN#1005952 12/11/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 12/18/08 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 12/23/08 $247,75 YOUNG,DUWAYNE G 2 LOAN#1005952 12/31/08 $247.75 YOUNG,DUWAYNE 0 2 LOAN#1005952 118109 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 1/15/09 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 1/22/09 $247.75 . YOUNG,DUWAYNE G 2 LOAN#1005952 129/09 $247.78 VY 1' 14 ilt1 • 14'' ,, , YOUNG,DUWAYNE G . 2 LOAN#1005952 215/09 $247,75 YOUNG,DUWAYNE G 2 LOAN#1005952 2/12/09 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 2/19/09 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 2/26/09 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 315/09 $247.73 YOUNG,DUWAYNE G , 2 LOAN#1005952 3/12/09 $247,75 YOUNG,DUWAYNE G 2 LOAN#.1005952 3/19/09 $247,75 YOUNG,DUWAYNE G 2 LOAN#1005952 3/26/09 $247,75- j 1 1 ()1 YOUNG,DUWAYNE G 2 LOAN#1005952 4/2/09 $247.75. i YOUNG,DUWAYNE G 2 LOAN#1005952 4/9/09 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 4/16/09 $247.75 dc't . YOUNG,DUWAYNE G 2 LOAN#1005952 4/23/09 $247.75 YOUNG,DUWAYNE G 2 LOAN#1005952 4/30/09 $247,75 ` Ccs t --- • YOUNG,DUWAYNE G 2 LOAN#1005952 5/7/09 $247.75 $15,608,25 r �40 NAME LIEN CID CHECK DATE AMOUNT - YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 4/17/08 $269.31 �� ec�Q YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 4/24/08 $269.31 YOUNG,DUWAYNE G _ 3 1-07-BK-02097 f2NO 5/1108 $269.31 YOUNG,DUWAYNE 5 3 1-07-BK-02097 RNO 5/8/08 $269.31 4 )8,333. YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 5/15/08 $288.69 YOUNG,DUWAYNE G 3 1.07-BK-02097 RNO 5/22/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 5/29/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 6/5/08 $288.69 YOUNG,DUWAYNE G 3 1-07-8K-02097 RNO 6/12/08 $288.69 YOUNG,DUWAYNE 5 3 1-07-BK-02097 RNO 6/19/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 6/26/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 7/3/08 $288.69 YOUNG,DUWAYNE G 3 1.07-BK-02097 RNO 7/10/08 $288,69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 7/17/08 $288.69 YOUNG,DUWAYNE G 3 1.07-BK-02097 RNO 7/24/08 $288.69 YOUNG,DUWAYNE 0 3 1-07-BK-02097 RNO 7/31/08 $288,69 YOUNGkDUWAYNE 5 3 1-07-BK-02097 RNO 8/7/08 $288.69 YOUNG,DUWAYNE G _ 3 1-07-BK-02097 RNO 8/14/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 8/21/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 8/28/08 $288.69 YOUNG,DUWAYNE 0 3 1-07-8K-02097 RNO 9/4/08 $288.69, YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 9/11/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 9/18/08 $288.69 YOUNG,DUWAYNE 0 1 3 1-07-BK-02097 RNO 9(25/08 $288,69 YOUNG,DUWAYNE G 3 1-07-8K-02097 RNO 10/2/08 $288.69 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 10/9/08 $288.69 YOUNG,DUWAYNE 5 3 1-07-BK-02097 RNO 10/16/08 $288,69 YOUNG,DUWAYNE 5 3 1-07-BK-02097 RNO 10/23/08 $288.69 YOUNGDUWAYNE G 3 1.07-BK-02097 RNO 10/30/08 $288.69 YOUNG,DUWAYNE G 3 1-07-EK-02097 RNO 11/6/08 $288.69 YOUNG,DUWAYNE G 3 1.07-9K-02097 RNO 11/13/08 $288.69 YOUNG,DUWAYNE 5 3 1-07-BK-02097 RNO 11/20/08 $268.22, Ex ‘f\I 10 i 401 le4441. I YOUNG,DUWAYNE 0 3 r 1-07-BK-02097 RNO 1126108 $268.22 YOUNG,DUWAYNE 0 3 1-07-BK-02097 RNO 12/4/08 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 1211//08 $268.22 YOUNG,DUWAYNE G 3 1.07-5K-02097 RNO 12/18108 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 12/23/08 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 12/31/08 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 1/8/09 $268.22 YOUNG}DUWAYNE 0 3 1-07-BK-02097 RNO 1/15/09 $268.22 YOUNG,DUWAYNE G 3 1.07-BK-02097 RNO 122/09 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 1/29/09 $268,22 YOUNG,DUWAYNE G 3 1-07-BK-02097RN0 2/5/09 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 2/12/09 $268.22 YOUNG,DUWAYNE G 3 1.07-BK-02097 RNO 2/19/09 $268,22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 2/26/09 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 3/5/09 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 3/12/09 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 3/19/09 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 326/09 $268.22 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 4/2/09 $268.22 YOUNG,DUWAYNE 0 3 1-07-BK-02097 RNO 4/9/09 5268.22 YOUNG,DUWAYNE 0 3 1-07-BK-02097 RNO 4/16/09 $268.22 YOUNG,DUWAYNE G 3 1.07-BK-02097 RNO 4/23/09 $268.22 1 YOUNG,DUWAYNE G 3 1-07-BK-02097 RNO 4/30/09 $268.22 $15,309.15 fi4 ip, 'L V4004, :5: 1 . .:-:% IIMMUMBIEMEMEMEM o ' l IiiiiMMENIiiiiiiiiiii 1111101 11 li3331/ M3NIEBI 1111111111111011311111 c-- : 4110111111,;_lailliMIMEMEEt 1 rri c', I 10101111111ENCIM IIIIIIIMENIMMINIMMINCI IMIIIIMINE111110 , es: ININEMINEMBIENTI 1111111111 111111111111 r IM IN EEMMEIREEE ,27 NIMINIM111111 -la him! IIMINIMMIIIIii 1111011 =1111111111pIkti °I II illimminti 1 : 1MMENZINE ':---:' -- ,1 —' 1111111 ' ' \ 1 c, 1 ( \ 1 V k ,s- 0-i G" 111 1 a i Ig P IMI EN i 1, i i 1 j I• , 4 II ":. ! ! ! ! ! ! IllffilliPO '2111- 1 ! alla 1 rc 3 I i gum inung ‹.4....._ ,, : El . Rim 1 0 iik ignionsi Amami 1 c) I 11111" ION MIMI it 1 : 11 I ! / Ell M.II m .II ..X. U\ ! i : ",.. I I I ; ! ' ' ' 11 t ., t d 4 t ; BE 1111 1 0 cr- 0 isimmum , immmit glib . olialiwom t.) 1/ rift 1 'ail alin It 0 - --. 11.111.111 MIA ill I ismasmimmtli rt lisitigiininntiumni MIMI c) 1 ; 1 I % S s ti lit 0 --- L1/") v Ell 11111111 ,..-cr. ---2:1 — . o i 0 it. EXHIBTT D McCABE, WEISBERG & CONWAY,P.C. BY: Joseph I. Foley, Esq. Attorney ID #314675 Attorneys for Plaintiff 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790-1010 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass- <: Through Certificates No. 13-3280 CIVIL -- v. r April Young, Dwayne G. Young a/k/a (.3 -II Duwayne G. Young and Occupants c- „ -- PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER — Plaintiff,Deutsche Bank National Trust Company,as Trustee for New Century Home Equity Loan Trust, Series 2003-4 Asset Backed Pass-Through Certificates ("Deutsche Bank"), by and through its attorneys,McCABE,WEISBERG&CONWAY,P.C.,hereby responds in opposition to Defendants' new matter to plaintiff's complaint as follows: 10. The allegations in this paragraph referring to attached exhibits are denied as they refer to documents which speak for themselves and no further response is necessary.In response to the factual allegations of this paragraph concerning payment of the mortgage loan underlying the prior action in mortgage foreclosure,it is admitted only that Defendants defaulted on their obligation to repay that loan, and that default resulted in the action in mortgage foreclosure through which Plaintiff herein ultimately acquired title to the property.Any remaining factual allegations are denied and strict proof is demanded. Moreover, it is specifically denied that the allegations of this paragraph constitute any cognizable defense to ejectment or are in any way relevant to an action in ejectment. Allegations concerning payment of the mortgage loan underlying the prior action in mortgage foreclosure raise issues that have already been litigated or could have been litigated in the prior action in mortgage foreclosure in which a final judgment has been entered.Accordingly,such a collateral attack on that judgment in this action in ejectment is improper. 11. Defendants' allegation that they are entitled to the property is denied as a conclusion of law to which no further response is required. The allegations in this paragraph referring to attached exhibits are denied as they refer to documents which speak for themselves and no further response is necessary. In response to the factual allegations of this paragraph concerning payment of the mortgage loan underlying the prior action in mortgage foreclosure, it is admitted only that Defendants defaulted on their obligation to repay that loan,and that default resulted in the action in mortgage foreclosure through which Plaintiff herein ultimately acquired title to the property. Any remaining factual allegations are denied and strict proof is demanded. Moreover, it is specifically denied that the allegations of this paragraph constitute any cognizable defense to ejectment or are in any way relevant to an action in ejectment. Allegations concerning payment of the mortgage loan underlying the prior action in mortgage foreclosure raise issues that have already been litigated or could have been litigated in the prior action in mortgage foreclosure in which a final judgment has been entered.Accordingly,such a collateral attack on that judgment in this action in ejectment is improper 12. Defendants'allegation that they arc entitled to the property is denied as a conclusion of law to which no further response is required. The allegations in this paragraph referring to attached exhibits are denied as they refer to documents which speak for themselves and no further response is necessary. In response to the factual allegations of this paragraph concerning the mortgage loan underlying the prior action in mortgage foreclosure, it is admitted only that Defendants defaulted on their obligation to repay that loan,and that default resulted in the action in mortgage foreclosure through which Plaintiff herein ultimately acquired title to the property. Any remaining factual allegations are denied and strict proof is demanded. Moreover, it is specifically denied that the allegations of this paragraph constitute any cognizable defense to ejectment or are in any way relevant to an action in ejectment. Allegations concerning payment of the mortgage loan underlying the prior action in mortgage foreclosure raise issues that have already been litigated or could have been litigated in the prior action in mortgage foreclosure in which a final judgment has been entered.Accordingly,such a collateral attack on that judgment in this action in ejectment is improper. 13. The allegations of this paragraph concerning Plaintiff's alleged"trickery and lies"are denied and strict proof is demanded.The allegations in this paragraph referring to attached exhibits are denied as they refer to documents which speak for themselves and no further response is necessary. Moreover, it is specifically denied that the allegations of this paragraph constitute any cognizable defense to ejectment or are in any way relevant to an action in ejectment. Allegations concerning payment of the mortgage loan underlying the prior action in mortgage foreclosure raise issues that have already been litigated or could have been litigated in the prior action in mortgage foreclosure in which a final judgment has been entered.Accordingly,such a collateral attack on that judgment in this action in ejectment is improper. 14. Defendants' allegation that they are entitled to the property is denied as a conclusion of law to which no further response is required. That notwithstanding, however, and by way of further response, it is denied that Defendants ever tendered an amount necessary to repay the mortgage loan underlying the prior action in mortgage foreclosure. Moreover, it is specifically denied that the allegations of this paragraph constitute any cognizable defense to ejectment or are in any way relevant to an action in ejectment. Allegations concerning payment of the mortgage loan underlying the prior action in mortgage foreclosure raise issues that have already been litigated or could have been litigated in the prior action in mortgage foreclosure in which a final judgment has been entered.Accordingly,such a collateral attack on that judgment in this action in ejectment is improper. WHEREFORE, Plaintiff respectfully requests the New Matter of Defendants to Plaintiff's Complaint be dismissed in their entirety and that judgement be entered in favor of Plaintiff and against Defendants, for such relief as is requested in Plaintiff's Complaint. Joseph I. Foley, Esq. Attorney for Plaintiff VERIFICATION I, the undersigned, hereby verify that I am the attorney for the Plaintiff in this action,that Plaintiff is outside the jurisdiction of this court and their verification cannot be obtained within the time allowed for filing the foregoing reply to new matter, and that the forgoing averments are true and correct to the best of my knowledge, information and belief, and further state that false statements herein are made subject to the penalties of 18 PA.C.S. § 4904 relating to unworn falsifications to authorities. McCABE, WEISBERG, AND CONWAY, P.C. A .ne ys for Plaintiff OSEPII I.FOLEY,ESQUIRE McCABE,WEISBERG & CONWAY,P.C. BY: Joseph I. Foley, Esq. Attorney ID #314675 Attorneys for Plaintiff 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass- Through Certificates No. 13-3280 CIVIL v. April Young,Dwayne G.Young a/k/a Duwayne G.Young and Occupants CERTIFICATE OF SERVICE I,Joseph I.Foley, Esquire,Attorney for Plaintiff,hereby certify that a true and correct copy of the foregoing Plaintiff's Reply to New Matter was served on the following persons on the 15th day of July, 2013 by depositing same in the United States mail, first-class, postage pre-paid, addressed as follows: April Young and Dwayne G. Young a/lc/a Duwayne G. Young 290 Liberty Drive Shippensburg, PA 17257 Occupants 290 Liberty Drive Shippensburg, PA 17257 DATE: July 15, 2013 ,ioseph I. Foley, Esq. Attorney for Plaintiff McCABE,WEISBERG & CONWAY, P.C. BY: JOSEPH I. FOLEY,ESQUIRE Attorney for Plaintiff Identification Number 314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass- CUMBERLAND COUNTY Through Certificates Plaintiff V. No. 13-3280 CIVIL April Young, Dwayne G. Young a/k/a �t Z_ Duwayne G. Young and Occupants =°C_- Defendant C') CERTIFICATION OF SERVICE 1,JOSEPH 1. FOLEY, Esquire, hereby certify that a true and correct copy of the within Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment in Ejectment was served on the 9'day of August, 2013, by first-class mail,postage prepaid, upon the following: April Young and Dwayne G. Occupants Cumberland County Young 290 Liberty Drive Court Administrator a/k/a Duwayne G. Young Shippensburg, PA 17257 1 Court House Square 290 Liberty Drive Suite 301 Shippensburg, PA 17257 Carlisle, PA 17013 DATE: 71;jl PH I. FOLEY,ESQUIRE ��Attorney for Plaintiff McCABE, WEISBERG AND CONWAY,P.C. Attorney for Plaintiff BY: JOSEPH I. FOLEY,ESQUIRE Identification Number 314675 123 South Broad Street, Suite 1400 Philadelphia,PA 19109 (215) 790 - 1010 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass- Through Certificates V. No. 13-3280 CIVIL April Young,Dwayne G. Young a/k/a Duwayne G. Young and Occupants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IN EJECTMENT QUESTION AT ISSUE A sheriff's sale, and the recording of the sheriffs deed, conveyed title to the Property to Deutsche Bank National Trust Company, as Trustee for New Century Home Equity Loan Trust, Series 2003-4 Asset Backed Pass-Through Certificates("Deutsche Batik"). It then filed a Complaint in Ejectment, and April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants (hereinafter referred to as"Defendants")answered. Whenever pleadings and discovery are such that there are no genuine issues of any material facts that support a defense, summary judgment is appropriate. An examination of the pleadings and exhibits confirms that no material facts are in controversy. Should summary judgment be granted in favor of Deutsche Bank and against Defendants? Suggested Answer: YES ARGUMENT SUMMARY Following a mortgage foreclosure,title to the property was conveyed to Deutsche Bank by the Sheriff. The deed has been recorded. Because Defendants continue,without any color of right,title, or interest, to occupy the property now owned by Deutsche Bank, and refuse to vacate, Deutsche Bank instituted an action in Ejectment. A fair reading of the pleadings and the discovery will show that Defendants have not established any legal basis for opposing the ejectment, and so summary judgment should be granted in favor of Deutsche Bank and against Defendants, April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants. MEMORANDUM The purpose of the summary judgment procedure is to prevent vexation and delay,improve the machinery oflustice,promote the expeditious disposition of cases and avoid unnecessary trials when there does not exist a genuine issue of material fact. Rule 1035.2 of.the Pennsylvania Rules of Civil Procedure addresses those situations. Specifically, it provides, in pertinent part,that: ". . . . any party may move for summary judgment in whole or in part as a matter of law(1)whenever there is no genuine issue of any material fact as to a necessary element of the . . . defense which could be established by additional discovery or expert report . . . ." Pa.R.C.P. 1035.2(l)(emphasis added). See also Williams v. Pilgrim Life Insurance Co., 306 Pa. Super. 170, 452 A.2d 269(1983). The burden of demonstrating that there is no genuine issue of material fact rests on the moving party.Hower v.Whitmak Assoc.,371 Pa. Super.443,538 A.2d 524(1988);Carollo v.48 Insulation, Inc., 252 Pa. Super 422, 381 A.2d 990(1977). Once such a showing is made, summary judgment is appropriate where the adverse party is unable to produce probative evidence to the contrary. The adverse party may not claim that the averments of his/her pleadings, alone, are sufficient to raise a genuine issue of fact so as to defeat the motion. Indeed, the adverse party must set forth specific facts showing there is a genuine issue of fact for trial. See Phaff v.Gerner,541 Pa. 146,303 A.2d 826 (1973); Pape v. Smith, 277 Pa. 80, 323 A.2d 856 (1974); Amabile v. Auto Kleen Car Wash, 249 Pa. 240,�376 A.2d 247 (1977). Pennsylvania Rules of Civil Procedure,Rule 1029(b)states that, "[a]verments in a pleading to which a responsive pleading is required are admitted when not specifically denied or by necessary implication",Pa.R.C.P. 1029(b). Thus,unless the Defendant wishes an allegation to be regarded as admitted,the Defendant must specifically deny each allegation of fact contained in a Complaint to which a responsive pleading is required. Any form of general denial or general demand for proof is an admission. See First Wisconsin Trust Co.v. Strausser,et.al.,653 A.2d 688(Pa. Super. 1995). PLAINTIFFS AVERMENTS,IN THE COMPLAINT Deutsche Bank's averments in the complaint demonstrate, inter alia, all of the following: • Deutsche Bank is the owner of the property located at 290 Liberty Drive, Shippensburg, PA 17257. • Deutsche Bank is entitled to immediate possession of the Property. • Defendants are occupying the Property without right and so far as the Plaintiff is informed,without claim of title. • Defendants have no right of possession and are wrongfully and unlawfully in possession of the premises and keep Deutsche Bank out of possession and refuse to vacate and deliver up the premises. DEFENDANTS" ANSWERS TO THE COMPLAINT IN EJECTMENT AND FAILURE TO RESPOND TO THE REQUEST FOR ADMISSIONS Defendants' answer to the complaint consists almost solely of blanket denials or conclusory statements of law that are wholly unsupported by corresponding factual allegations or evidence of record. Defendants did not provide any proof that they have paramount title to the property or that their occupation of the premises is lawful.In fact,by their answer to the complaint,Defendants admit that title to the property was conveyed to Deutsche Bank by the Sheriff of Cumberland County following a mortgage foreclosure,and their sole allegation in defense of this ejectment action is the wholly unsupported conclusion that the prior action in mortgage foreclosure and the resulting sheriff s sale by which Plaintiff herein acquired title was somehow invalid. In their new matter to Plaintiff's complaint,Defendants raise similar claims regarding the prior action in mortgage foreclosure. Therein, Defendants make multiple allegations concerning payoff amounts and reinstatement amounts which were provided to them during the pendency of the foreclosure and repeat the unsupported conclusion that the foreclosure proceedings were somehow invalid. None of those allegations,however, are relevant to the instant matter in ejectment nor do they show that there is any genuine issue of material fact regarding Plaintiff's right to possession of the property located at 290 Liberty Drive, Shippensburg, PA 17257. The Defendants' attempt to raise those issues in this action,which were squarely within the purview of the foreclosure court, is nothing more than an impermissible attempt to re-litigate the foreclosure and, as such, it is clearly barred under the doctrines of res judicata and collateral estoppel. In Pennsylvania,the doctrine of res j udicata,or claim preclusion,prohibits parties involved in prior, concluded litigation from subsequently asserting claims in a later action that were raised,or could have been raised, in the previous adjudication. Wilkes ex,reLMason v. Phoenix Home Life Mut. Ins. Co., 587 Pa. 590, 607, 902 A.2d 366, 376 (2006). Res judicata applies where there is an identity of issues, identity of causes of action, identity of persons, and identity of the quality or capacity of the parties suing or being sued. In re Iulo, 564 Pa. 205, 210,766 A.2d 335, 337(2001). Similarly,the doctrine of collateral estoppel applies when the issue in the prior action was identical to the one presented in the later action, there was a final judgment on the merits,the party against whom the claim is asserted was a party or in privity with a party to the prior action and the party against whom it is asserted had a full and fair opportunity to litigate the issue in question in the prior action. In re Iulo, 564 Pa. 205, 210,766 A.2d 335, 337(2001). The Superior Court of Pennsylvania has addressed these issues as they relate specifically to actions in ejectment arising from a sheriff s sale of foreclosed property, and has clearly held that a collateral attack on an action in mortgage foreclosure in'a subsequent action in ejectment is improper.In Federal National Mortgage Association v. Citiano,2003 Pa. Super 381,834 A.2d 645, (Pa.Super.2003),the Court wrote,"Appellant failed to exercise reasonable diligence when he failed to challenge the sheriff's sale directly and waited to raise the issue in the ejectment action. . ."As a result, the court held that "by neglecting to pursue the procedural remedies available to him, Appellant has waived such challenges. Appellant should have petitioned the court to set aside the sheriff's sale at or near the time of the sale." In this matter, Defendants have already had every opportunity to raise and litigate, in the preceding action in mortgage foreclosure, any of the issues found in their answer and new matter, which relate entirely to the non-payment and default of the mortgage loan which formed the basis of that action. And Defendants did, in fact, enter their appearance in that action and litigate those issues extensively. Judgment was ultimately entered in favor of the foreclosing mortgagee,however, and that judgment became final. As a result,the allegations of Defendants answer and new matter, which seek to challenge the validity of the foreclosure and subsequent sheriff s sale are barred under the foregoing case law. Because the Defendants'claims relating to the mortgage loan which formed the basis of the prior action in mortgage foreclosure are not properly raised in this action, and they have not made any other allegations or produced any evidence which would tend to show there is a genuine issue of material fact in this ejectment action or that their possession of Plaintiff's property is lawful, this case is ripe for summary judgment. CONCLUSION Defendants' answer and new matter to Deutsche Bank's complaint in ejectment failed to raise a single material fact,that would support opposition to Deutsche Bank's motion for summary judgment. The allegations in their answer and new matter are either improperly raised in this ejectment action,or they are general denials and conclusions of law that are wholly unsupported by corresponding factual allegations or evidence of record. Moreover, Defendants did not produce a single document to refute Deutsche Bank's allegation that it owns the premises,or to otherwise show that their own possession is lawful.Because Defendants'answer and new matter failed to show there exists a,genuine issue of fact, summary judgment should be granted in favor of Plaintiff. Additionally,Pennsylvania Rule of Civil Procedure 103 5.3(a)[Motion for Summary Judgment- i Response. Judgment for Failure to Respond] states, in relevant part, that: "• • the adverse y party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion, or (2) evidence in the record establishing the fact essential to the . . . defense which the motion cites as not having been produced." WHEREFORE, Plaintiff requests that this Honorable Court enter summary judgment for Possession in its favor, and against April Young, Dwayne G. Young a/k/a Duwayne G. Youn g and Occupants. Res y sub itted JO FOLEY, QUIRE orney for Plaintiff, Deutsche Bank S PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. -;- C Deutsche Bank National Trust Company, as Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS=--0 7") Trust, Series 2003-4 Asset Backed Pass- CUMBERLAND COUNTY �"< Through Certificates °c° 7:-i� t-7 C.. Plaintiff :=C:) V. No. 13-3280 CIVIL April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants Defendant 1. State Matter to be argued(i.e., Plaintiff's Motion for New Trial, Defendant's demurrer to complaint, etc.) Plaintiff s Motion for Summary Judgment 2. I will notify all parties in writing within two days that this case has been listed for argument. 2. Identify counsel who will argue case: (a) Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 (b) Defendants are Pro Se. 3. Argument Court Date: 9/27/2013 DATE: y (3 OSEPH I. FOLEY,ESQUIRE Attorney for Plaintiff �Wo C 19V4020 . McCABE,WEISBERG & CONWAY, P.C. BY: JOSEPH I. FOLEY, ESQUIRE Attorney for Plaintiff Identification Number 314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790-1010 Deutsche Bank National Trust Company, as Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass- CUMBERLAND COUNTY Through Certificates Plaintiff V. No. 13-3280 CIVIL April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants Defendant CERTIFICATION OF SERVICE 1, JOSEPH 1. FOLEY, Esquire, hereby certify that a true and correct copy of the within Praecipe for Listing Case for Argument was served on the 9'day of August, 2013, by first-class mail, postage prepaid, upon the following: April Young and Dwayne G. Occupants Cumberland County Young 290 Liberty Drive Court Administrator a/k/a Duwayne G. Young Shippensburg, PA 17257 1 Court House Square 290 Liberty Drive Suite 301 Shippensburg, PA 17257 Carlisle, PA 17013 DATE: " SEPH I. FOLEY,ESQUIRE Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST IN THE COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR NEW OF CUMBERLAND COUNTY, CENTURY HOME EQUITY LOAN PENNSYLVANIA TRUST, SERIES 2003-4 ASSET BACKED PASS THROUGH CERTIFICATES Plaintiff, CIVIL ACTION - LAW V. APRIL YOUNG, DWAYNE G. YOUNG No. 13-3280 Civil Term "' ` :733 : a/k/a DUWAYNE:G. YOUNG AND OCCUPANTS, ' ' Defendants. IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, P.J., EBERT, J., AND PECK, J. ORDER AND NOW,this ,13'4 day of October, 2013, upon consideration of Plaintiff's Motion for Summary Judgment, and after oral argument, heard September 27, 2013,the Motion for Summary Judgment is GRANTED and the Defendants, April Young, Dwayne G. Young a/k/a Duwayne G. Young, and Occupants are ordered to vacate the premises, 290 Liberty Drive, Shippensburg, PA-17253 within 30 days of this Order. It is further ordered and decreed that all personal property in or on the property after 30 days following the.date of this Order shall be deemed abandoned and Plaintiff may dispose of such property as it sees fit without any liability thereof. BY THE COURT, Kevin . Hess, P.J. Joseph I. Foley, Esquire 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 For the Plaintiff Duwayne &April'Young 290 Liberty Drive Shippensburg, PA 17257 Defendants t£S DEUTSCHE BANK NATIONAL TRUST IN THE COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR NEW OF CUMBERLAND COUNTY, CENTURY HOME EQUITY LOAN PENNSYLVANIA TRUST, SERIES 2003-4 ASSET BACKED PASS THROUGH.CERTIFICATES Plaintiff, CIVIL ACTION - LAW V. APRIL YOUNG, DWAYNE G. YOUNG No. 13-3280 Civil Term a/k/a DUWAYNE G. YOUNG AND OCCUPANTS, Defendants. IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, P.J., EBERT, J., AND PECK, J. OPINION and ORDER Before the court is Plaintiff s Motion for Summary Judgment, filed on behalf of Deutsche Bank National Trust Company, as Trustee for New Century Home Equity Loan Trust, Series 2003-4 Asset Backed Pass- Through Certificates (hereinafter"Deutsche Bank"), which seeks ejectment against the Defendants, April Young, Dwayne G. Young a/k/a Duwayne G .Young, and Occupants (hereinafter"the Youngs"). Deutsche Bank maintains that it has a right to immediate possession of the property and that the New Matter of the Defendants is an improper collateral attack on a valid sheriff s sale. This case began when Deutsche Bank filed a Complaint in Ejectment on June 7, 2013. (Compl. in Ejectment, filed Jun. 7, 2013). In their Complaint, Deutsche Bank averred that they acquired title to the premises known as 209 Liberty Drive, Shippensburg, Pennsylvania 17527 (hereinafter"Property") from a Sheriff's Sale conducted by the Sheriff of Cumberland County on December 5, 2012. (Compl. in Ejectment, ¶ 1). The Sheriff's Deed was executed February 4, 2013. (Compl. in Ejectment, Ex. A). The Deed was then recorded with the Cumberland County Recorder of Deeds on March 5, 2013. (Compl. in Ejectment, A). Deutsche Bank further avers that the Youngs are in possession of the Property and that no landlord tenant relationship exists between Deutsche Bank and the Youngs. (Compl. in Ejectment, ¶¶3, 7). The Youngs filed an Answer to Complaint in Ejectment that contained a New Matter. (Answer Comp. Ejectment, filed Jun. 28, 2013). In their Answer,the Youngs deny almost all the averments in the Complaint. However, in doing so, and in their New Matter, the Youngs contest the proceedings and events that preceded the Sheriff's Sale. For example; 1. DENIED The Plaintiff may have received the premises...but they did not have right to the property....They would not have gotten judgment if not for Plaintiff Attorney putting a stop to any and all refinancing. 2. DENIED They may have acquired said property at sheriff sale but did not do so in a legal manner. 5. DENIED Defendants have every right to have possession to the premises because of the way the Plaintiffs go the Sheriff sale. 6. DENIED If the Plaintiffs would have cooperated with Lenders they would have gotten paid for property instead of getting it in Sheriff sale. 13. The Plaintiffs would not have gotten the property...if not for trickery and lies. Giving wrong pay-off amounts or not settling disputes with the Defendants.... 14. The said property should be returned to APRIL YOUNG AND DUWAYNE YOUNG on the bases that they tried to pay for the property and NEW CENTURY WOULD NOT EXCEPT PAYMENT IN FULL. (Answer Comp. Ejectment,¶¶ 1,2,5,6,13,14) (emphasis in original). After the Answer to Complaint in Ejectment, Deutsche Bank filed Plaintiff's Reply to Defendants' New Matter. (Pl.'s Reply to Defs.' New Matter, filed Jul. 17, 2013). The Youngs then filed Defendants' Reply to Plaintiff's Matter. (Defs.' Reply Pl.'s Matter, filed Jul. 29, 2013). On that same day, Deutsche Bank filed Plaintiff's Motion for Summary Judgment. (Pl.'s 2 Mot. Summ. J., filed Jul. 29, 2013). Deutsche Bank submitted a brief and argument was held on September 27, 2013. We offer a condensed description of the proceedings that lead up to the Sheriff's Sale. On September 29, 2004,New Century Home Equity Loan Trust Series 2003-4 Asset Backed Pass- Through Certificates (hereinafter"New Century") filed a Complaint in Mortgage Foreclosure against the Youngs docketed to 4893 Civil of 2004. (Compl. Foreclosure., filed Sept. 29, 2004). Then counsel, filed Defendant's Answer and New Matter on behalf of the Youngs. (Def.'s Answer New Matter, filed Nov. 3, 2004). During the litigation,this court denied two requests for summary judgment filed by New Century. (Order, filed Feb. 7, 2005; Order, filed Sept. 8, 2005). Eventually; an Order was entered recognizing a valid settlement agreement between the parties, providing that, if specific funds were paid by the Youngs to New Century within thirty days,New Century would enter a mortgage satisfaction; otherwise,judgment in mortgage foreclosure would be granted against the Youngs. (Order, filed Dec. 5, 2006). After a hearing on February 21, 2007,an Order was filed modifying the Court's previous December 5, 2006 Order so that the Youngs would have even more time, until March 21, 2007, to tender the required funds. (Order, filed Feb. 21, 2007). To address allegations raised by the Youngs, the February 21, 2007 Order further directed New Century to cooperate with a mortgage broker so that the Youngs could secure other financing. (Transcript of Proceedings, In Re: Proceedings before Judge Guido, Feb 21, 2007). Nevertheless, the Youngs filed a"Complaint" that the Court treated as a Motion to Stay the Sheriff's Sale, asserting that they were unable to procure the needed funds because of New Century's interference. (Complaint, filed Mar. 19, 2007). After the Court gave the Youngs a'hearing, their motion was denied. (Order, May 5, 2007). The Youngs were never able to obtain the needed financing and a Petition to Strike or Open Judgment was denied. 3 (Order, filed Nov.X30, 2012). Ultimately, a Sheriff's Sale was held where the Property was conveyed to Deutsche Bank which led to the current action. Pursuant to Rule 1035.2 of the Pennsylvania Rules of Civil Procedure, the court may grant summary judgment after the relevant pleadings are closed and whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense that could be established by any additional discovery or expert report, or, if after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense, which in a jury trial would require the issues to be submitted to a jury. Pa.R.C.P. 1035.2; Estate of Borst v. Edward Stover Sr. Testamentary Trust, 30 A.3d 1207, 1210 (Pa. Super. 2011). The purpose of summary judgment is to eliminate cases prior to trial where a party cannot make out a claim or defense after the relevant discovery has been completed. Miller v. Sacred Heart Hosp., 753 A.2d 829, 833 (Pa. Super. 2000). Summary judgment shall be granted whenever"the material facts are undisputed," or the facts are insufficient"to make out a prima facie cause of action or defense." McCarthy v. Dan Lepore &Sons Co., 724 A.2d 938, 940 (Pa. Super. 1998). Furthermore, summary judgment is proper when "the uncontroverted allegations in the pleadings, depositions, answers to interrogatories, admissions of record, and submitted affidavits demonstrate that no genuine issue of material fact exists, and that the moving party is entitled to judgment as a matter of law." Reliance Ins. Co. v. IRPC, Inc., 904 A.2d 912, 915 (Pa. Super. 2006). Rule 1035.3(a) goes on to state, "[e]xcept as provided in subdivision(e), the adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion...." Pa. R.C.P. 1035.3. Finally, a trial court's entry 4 of summary judgment will not be overturned absent an error of law or a clear abuse of discretion. McCain v. Pennbank, 549 A.2d 1311, 1313 (Pa. Super. 1988). "Ejectment is an action filed by a plaintiff who does not possess the land but has the right to possess it, against a defendant who has actual possession." Wells Fargo Bank, N.A. v. Long, 934 A.2d 76, 78 (Pa. Super. 2007) (citation omitted). "Ejectment, being a possessory action, can be maintained if the plaintiff has a right to immediate possession with the concomitant right to demand that the defendant vacate the land." Moore v. Duran, 687 A.2d 822, 827 (Pa. Super. 1996) (citation omitted). An ejectment action is a proceeding collateral to that under which the land was sold, and, normally, an attack on a sheriffs sale cannot be made in a collateral proceeding. Dime Say. Bank, FSB v. Greene, 813 A.2d 893, 895 (Pa. Super. 2002). (citations omitted). Here, the Youngs do not challenge the ejectment proceeding itself. In fact, they do not even allege that the underlying judgment is void. Instead, they take issue with the actions of New Century that lead up to the judgment. Concerns regarding those actions properly belonged in the mortgage foreclosure action. As the above recital demonstrates, the Court extensively heard the contentions of the Youngs and gave them not only every benefit of the doubt, but more than ample time to,save their home. Moreover, the Youngs did not file a response to Plaintiff's Motion for Summary Judgment, nor did they file a brief for argument. While we are considerate of the unfortunate circumstance which the Youngs now face, there is no relief to be granted at this stage. ORDER AND NOW, this Z?~ day of October, 2013, upon consideration of Plaintiff's Motion for Summary Judgment, and after oral argument, heard September 27, 2013, the Motion for 5 ' a k Summary Judgment is GRANTED and the Defendants, April Young, Dwayne G. Young a/k/a Duwayne G. Young, and Occupants are ordered to vacate the premises, 290 Liberty Drive, Shippensburg, PA17253 within 30 days of this Order. It is further ordered and decreed that all personal property in or on the property after 30 days following the date of this Order shall be deemed abandoned and Plaintiff may dispose of such property as it sees fit without any liability thereof. BY THE COURT, .14 Kevin . Hess, P.J. Joseph I. Foley, Esquire 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 For the Plaintiff Duwayne &April Young 290 Liberty Drive Shippensburg, PA 17257 Defendant 6 McCABE,WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE, ESQUIRE-ID# 16496 MARC S. WEISBERG, ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 CHRISTINE L. GRAHAM, ESQUIRE-ID#309480 JOSEPH I.FOLEY,ESQUIRE-ID#314675 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass-Through Certificates Number 13- 3280 Civil V. r April Young, Dwayne G. Young a1k/a .3;f - -_ Duwayne G. Young and Occupants -' P R A E C I P E TO THE PROTHONOTARY: Kindly enter Judgment for Possession by Order of Court dated October 23, 2013 against the Defendants, April Young, Dwayne G. Young afkla Duwayne G. Young and Occupants in the above captioned matter. Premises: 290 Liberty Drive, Shippensbur , Pennsylvania 17253 McCA , SBERG& CO , ,C. B [ ] T e J. McCabe,Esquire-`*' squire [ ]Marc S. Weisberg,Esquire [ ] E ward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ] Christine L. Graham,Esquire [ 4 Joseph I. Foley,Esquire ��fi C DEUTSCHE BANK NATIONAL TRUST IN THE COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR NEW OF CUMBERLAND COUNTY, CENTURY HOME EQUITY LOAN PENNSYLVANIA TRUST, SERIES 2003-4 ASSET BACKED PASS THROUGH CERTIFICATES Plaintiff, CIVIL ACTION - LAW yN �� Vet APRIL YOUNG, DWAYNE G. YOUNG No. 13-3280 Civil Term alk/a DUWAYNE G. YOUNG AND OCCUPANTS, y Defendants. IN RE: PLAINTIFF'S MO'T'ION FOR SUMMARY JUDGMENT BEFORE HESS P.J. EBERT J. AND PECK J ORDER AND NOW this ?1 day of October, 2013, upon consideration of Plaintiff's Motion for Summary Judgment, and after oral argument, heard September 27, 2013, the Motion for Summary Judgment is GRANTED and the Defendants,April Young, Dwayne G. Young a/k/a Duwayne G. Young, and Occupants are ordered to vacate the premises, 290 Liberty Drive, Shippensburg, PA 17253 within 30 days of this Order. It is further ordered and decreed that all personal property in or on the property after 30 days following the date of this Order shall be deemed abandoned and Plaintiff may dispose of such property as it sees fit without any liability thereof. BY THE COURT, Kevin Hess, P.J, OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Prothonotary To: April Young 290 Liberty Drive, Shippensburg, Pennsylvania 17253 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass-Through Certificates Number 13- 3280 Civil V. April Young, Dwayne G. Young alk/a Duwayne G. Young and Occupants NOTICE Pursuant to Rule 236, you are hereby notified that a J GMENT has been entered i e above proceeding as indicated below. Prothonotary Judgment by Default Money Judgment Judgment in Replevin X Judgment for Possession by Order of Court If you have any questions concerning this Judgment, please call McCabe Weisberg L& Conway, P.C. at(215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Goo Inattg, Prothonotary To: Dwayne G. Young a/k/a Duwayne G. Young 290 Liberty Drive, Shippensburg, Pennsylvania 17253 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass-Through Certificates Number 13- 3280 Civil V. April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants NOTICE Pursuant to Rule 236, you are hereby notified that a JU GM h berg b n entered i t e above proceeding as indicated below. - au l tL Prothonotary Judgment by Default Money Judgment Judgment in Replevin X Judgment for Possession by Order of Court If you have any questions concerning this Judgment, please call McCabe Weisberg & Conway P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Prothonotary To: Occupants 290 Liberty Drive, Shippensburg, Pennsylvania 17253 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass-Through Certificates Number 13- 3280 Civil V. April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants NOTICE Pursuant to Rule 236, you are hereby notified that a DG N een entere i the above proceeding as indicated below. Prothonotary Judgment by Default Money Judgment Judgment in Replevin X Judgment for Possession by Order of Court If you have any questions concerning this Judgment, please call McCabe Weisberg & ConwU, P.C. at (215) 790-1010. McCABE,WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG, ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID# 34687 MARGARET GAIRO, ESQUIRE-ID# 34419 CHRISTINE L. GRAHAM, ESQUIRE-ID# 309480 JOSEPH I. FOLEY, ESQUIRE-ID#314675 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass-Through Certificates Number 13- 3280 Civil V. April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants 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 Defendants 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 Defendants, April Young and Dwayne G. Young a/k/a Duwayne G. Young , are over eighteen(18)years of age, and reside at 290 Liberty Drive, Shippensburg, Pennsylvania 17253. SWORN TO AND SUBSCRIBED M7erffrenc�ej. SBER ` AY,P.C. BEFORE ME THIS 29TH DAY OF B OCTOBER, 2013 [ cC sq uire [ ]Marc S. Weisberg,Esquire [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ] Christine L. Graham,Esquire �]Joseph I.Foley,Esquire I NO ARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL- Public DREW KARLBERG,NAY ©lphlo hia,pttiita.Dainty r$s: 3,2017 Results as of:Oct-29-2013 06:54:37 Department of Defense Manpower Data Center SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Acct Last Name: YOUNG First Name: DWAYNE Middle Name: G. Active Duty Status As Of: Oct-29-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start bate Active Duty End Data Status Service Component NA 'NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. AiA t, P1. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: P5429935TOC7V50 Results as of:Oct-29-2013 06:56:21 Department of Defense Manpower Data Center SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: YOUNG First Name: APRIL Middle Name: Active Duty Status As Of: Oct-29-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 pays of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Data Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Oil, I ),. a.� Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DaD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mii"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. in the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 15W9X965LOC7DFO McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE- ID# 16496 MARC S. WEISBERG, ESQUIRE- ID# 17616 EDWARD D. CONWAY, ESQUIRE - ID# 34687 MARGARET GAIRO,ESQUIRE-ID# 34419 CHRISTINE L. GRAHAM, ESQUIRE-ID# 309480 JOSEPH I. FOLEY, ESQUIRE-ID#314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215)790-1010 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass-Through Certificates Number 13- 3280 Civil V. April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants AFFIDAVIT OF LAST-KNOWN ADDRESS OF DEFENDANTS The undersigned attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known addresses of the Defendants are as follows: April Young, Dwayne G. Young a/k/a Duwayne G. Young and Occupants 290 Liberty Drive, Shippensburg, Pennsylvania 17253 SWORN TO AND SUBSCRIBED McCABE EISBERG& CONWAY,P.C. BEFORE ME THIS 29TH DAY Y: OF OCTOBER, 2013 rrence J. McCabe; squire [ ] Marc S. Weisberg,Esquire [ ] Edward D. Conway,Esquire [ ] Margaret Gairo,Esquire [ ] Christine L. Graham,Esquire [ ekJoseph I.Foley,Esquire NO RY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DREW KARLBERG,Notary Public C ry of p iladelphia, �ril 3U2417 M Commission Expires VERIFICATION The undersigned attorney for Plaintiff,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 4904 relating to unsworn falsification to authorities. MICA , ISBERG& C AY C. BY: �`- [ ] Te nce J.McCabe,Esqu' [ ] Marc S.Weisberg,Esquire [ ] Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ] Christine L. Graham,Esquire [f Joseph L Foley,Esquire McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE-ID# 16496 MARC S. WEISBERG, ESQUIRE- ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID# 34687 MARGARET CAIRO,ESQUIRE-ID# 34419 CHRISTINE L. GRAHAM,ESQUIRE-ID# 309480 JOSEPH I. FOLEY,ESQUIRE-ID#314675 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-101.0 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed Pass-Through Certificates Number 13- 3280 Civil V. April Young, Dwayne G. Young alkla ' 4` Duwayne G. Young and Occupants < w } PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue Writ of Possession in the above-captioned matter. 290 Liberty Drive, Shippensburg, Pennsylvania 17253 McCABE,WEISBERG& CO .C. BY: we [ ]Terrence f McCabe,Esquire [ ]Marc S.Weisberg,Esquire [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Christine L.Graham,Esquire Joseph I.Foley,Esquire clea aer ala& "S-97 c .x DEUTSCHE BANK NATIONAL TRUST ; IN THE COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR NEW OF CUMBERLAND COUNTY, CENTURY HOME EQUITY LOAN ; PENNSYLVANIA TRUST, SERIES 2003-4 ASSET BACKED PASS THROUGH CERTIFICATES c Plaintiff, ; CIVIL ACTION - LAW V. C7 1 J APRIL YOUNG,DWAYNE G. YOUNG No, 13-3280 Civil Term ., a/k/a DUWAYNE G. YOUNG AND OCCUPANTS, Defendants. IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS P,J., EBERT J. AND PECK J ORDER AND NOW, this PO4 day of October, 2013, upon consideration of Plaintiff's Motion for Summary Judgment, and after oral argument,heard September 27, 2013, the Motion for Summary Judgment is GRANTED and the Defendants, April Young, Dwayne G. Young a/k/a Duwayne G. Young, and Occupants are ordered to vacate the premises, 290 Liberty Drive, Shippensburg, PA 17253 within 30 days of this Order. It is further ordered and decreed that all personal property in or on the property after 30 days following the date of this Order shall be deemed abandoned and Plaintiff may dispose of such property as it sees fit without any liability thereof. BY THE COURT, Kevin Hess,P.J, OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND County Courthouse Deutsche Bank National Trust Company, CUMBERLAND COUNTY as Trustee for New Century Home Equity Loan Trust,Series 2003-4 Asset Backed COURT OF COMMON PLEAS Pass-Through Certificates 1610 E. St. Andrew Place,Ste B 150 Number: 13-3280 Civil Santa Ana, California 92705 VS. April Young 290 Liberty Drive Shippensburg,Pennsylvania 17253 Dwayne G. Young a/k/a Duwayne G. Young 290 Liberty Drive Shippensburg,Pennsylvania 17253 Occupants 290 Liberty Drive Shippensburg,Pennsylvania 17253 WRIT OF POSSESSION Commonwealth of Pennsylvania County of Cumberland To the Sheriff of Cumberland County: (1) To satisfy the Judgment for Possession by Order of Court in the above matter you are directed to deliver possession of the following described property to Deutsche Bank National Trust Company, as Trustee for New Century Home EquLq Loan Trust, Series 2003-4 Asset Backed Pass-Through Certificates: 290 Liberty Drive,Shippensburg,Pennsylvania 17253 (more fully described in legal description attached) Cos4z_ "ter k4� -Aaol..$t. ?C-L Prothonotary t -0441AZ444_1 By-.� DATE: /0 e �o v v ►� O aj o o o H a C7 >, '� o a a > V ^ a as " o 00 Z �; ww �o'v� qo°� u U oAC7 � O W O � � � oFC� o cd ai C's � ►� WVwa � ' Cli ff N .C7 V Q o x o aQ a 3 A go � a Tax Parcel No.39-37-2092-122 002WGG Know all Men by these Presents That I,Ronny R.Anderson,Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sun of$ 1.00 (One Dollar) to nee in hand paid, do hereby grant and convey to Deutsche Bank National Trust Company, as Trustee for New Century Home Equity Loan.Trust,Series 2003-4 Asset Sacked Pass-Through Certificates Writ No.2004-4893 Cl+il Term a j New Century Horne Equity Loan Trust Series 2003-4 Asset-Backed Pass'Through Certificates Vs April Young Dwayne G.Young,A/K/A Duwayne G.Young 1 ALL the following described real estate, together with improvements thereon erected,lying and being situate in Southampton Township,Cumberland County,Pennsylvania,more particularly described as follows: BEGINNING at an iron pin on the easterly edge of Liberty Drive at corner of Lot C-4 on the hereinafter referred to plan of lots;thence by said Lot C-4 and Lot C-5 on said plan of lots,North 79 degrees 39 minutes 0 seconds East 20031 feet to an iron pin at corner of Lot C-1 on said plan of lots;thence by said Lot C-1, South 10 degrees 40 minutes 0 seconds East 180.91 feet to a parker kalon nail in the center line or Stale Route 3002 known as the Cleversburg Road; thence with the center line of the Cleversburg Road, South 79 degrees 11 minutes 0 seconds West 96.32 feet to a parker kalon nail at corner of Lot C-3;thence by said Lot C-3,North 10 degrees 21 minutes 0 seconds West 151.69 feet to an iron pin; thence by the same,South 79 degrees 39 minutes 0 seconds West 105 feet to an iron pin on the easterly edge of Liberty Drive;thence with the easterly edge of Liberty Drive,North 10 degrees 21 minutes 0 seconds Nest 30 feet to an iron pin,the place of beginning,containing 201,521 square feet. IMPROVEMENTS consist of a residential dwelling. MUNICIPALITY SOUTHAMPTON TOWNSHIP BEING PREMISES: 290 Liberty Drive Shippensburg,PA 17257 SOLD as the property of APRIL YOUNG and DWAYNE G.YOUNG AJK/A DUWAYNE G. YOUNG Deed Book 259 page 910 TAX PARCEL.#39-37-2092-122 i EAhiblt A SHERIFF'S OFFICE OF CUMBERLAND COUNTY • Ronny R Anderson HP pPOTHONO1 \R Sheriff 0,1,0,1,of Cumber!, Jody S Smith 20t3 NOV -4 PM 3: 5I Chief Deputy , CUMIIERLANO Richard W Stewart = PENNSYLVANIA.COUNTY Solicitor ocr:,,ck OF TFE akari;IFF Deutsche Bank National Association Case Number vs. 2013-3280 April Young (et al.) SHERIFF'S RETURN OF SERVICE 11/01/2013 08:27 PM -Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant of 290 Liberty Drive, Southampton Twp, Shippensburg, PA 17257, but was unable to locate the Defendant in his bailiwick.The only resident of 290 Liberty Drive, Southampton Twp, Shippensburg, PA 17257 are occupants April Young and Dwayne G. Young. The Sheriff therefore returns the within requested Writ of Possession as"Not Found"as to "OCCUPANT". 11/01/2013 08:27 PM- Deputy William Cline, being duly sworn according to law, served the requested Writ of Possession by"personally"handing a true and attested copy to a person representing themselves to be the Defendant,to wit:April Young at 290 Liberty Drive, Southampton Twp, Shippensburg, PA 17257, Cumberland County, informed Defendant of contents of same and posted Sheriffs Notice on premises. 11/01/2013 08:27 PM-William Cline, Deputy Sheriff,who being duly sworn according to law, states that on November 1, 2013 at 2037 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Dwayne G. Young, by making known unto April Young, co-defendant, at 290 Liberty Drive, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SO ANSWERS, November 04, 2013 RONF'Y R ANDERSON, SHERIFF ,0)County:uite Sheriff,Teleoscft Inc. 8 t � n APRIL YOUNG 1 3r f DUWAYNE YOUNG 290 LIBERTY DR CUMBERLAND COUNTY SHIPPENSBURG PA, 17257 PEN-NsYLVAmA 717 404 7047 Deutsche Bank National Trust Company,as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMAN PLEAS Pass-through Certificates 1610 East St.Andrews Place Number: 13-3280 Civil Santa Ana,California 92705 Vs. APRIL YOUNG,DWAYNE YOUNG a/k/a DUWAYNE YOUNG and Occupants 290 Liberty Drive Shippensburg,Pennsylvania 17257 NOTICE OF APPEAL TO A HIGHER COURT I am appealing this to the commonwealth court 1.Based on the fact that Attorney Nathan Wolf had no right being at the hearing because in the pass I had used is office in a different matter.I have never given permission for him to be at the hearing and he stood up in court and told 3 judges that Michael Connor gave him permission to be at the hearing was a lie. Attorney Connor has made it clear that he did not give permission for him to be their.I also have recording of my office visits to prove that I did not in no way give permission.A complain has gone into the Bar Associations for his willingness to lie in a court of law. 2. There was no oral argument when they should have been.I come to court with witnesses and a case to argue.My witness could have showed proof of attempts to pay.With my evidence and the fact that opposing Attorney Wolf could not argue should have been a win for the defendants. 3.If the Plaintiffs Attorney are willing to lie in court to 3 judges then all fact enter into evidence can also be considered to be a lie. 4. We also did not get the paperwork that was turned over to the courts before the hearing so it is possible that it was full of lie and false facts. WHEREFORE,THE DEFENDANTS ARE ENTITLED TO A APPEAL DATE NOVEMBER 23,2013 APRIL YOUNG AND DUWAYNE YOUNG 290 LIBERTY DR SHIPPENSBURG PA 17257 717 404 7047 Notice is given that April Young and Duwayne Young hereby appeals to a higher court on October 23,2013. DOPol.ar Of A a¢ .SO� 'r I hereby certify that (1)The compensation of Arbitrators has been paid. Respectfully Submitted April Young and Duwayne Yo 290 Liberty Dr. Shippensburg Pa 17257 717 404 7047 April young 290 Liberty Dr. Shippensburg pa 17257 I April Young have done business in Attorney Nathan Wolf Office in the past did not give him permission at any time to represent my mortgage company.I was asked about it at a appointment at Attorney Michael Connors office but in no way gave him the right to give permission to give to Woff. After the hearing I asked Michael Connor if he gave permission and he said no.That it was not his to give. I also have all of my Appointments with Michael Connor on tape with his permission. So I can prove Attorney Nathan Wolf did not have permission to be at our last hearing. I can also state the Duwayne Young did not go to any of the appointment that had this conversation. APRIL YOUNG 290 LIBERTY DR. SHIPPENSBURG PA 17257 717 404 7047 lepAuj Oavonwealth of P Nvan I County of berlend On this day of 20„4,befone me ublic,thrind ned officer,personaay appeared k wn o me( or satisf only pr en)to be the person whose name(s) Is/are ubscrlbe the within instrumer1111 and acknow dged that he/she/they executed tM iM1M for the oses FIn IN heraof.l otery PubaC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL TAMMY SUE HELMAN,Notary Public Guilford Twp.,Franklin County My Commission Expires February 10,2014 PYS511 Cumberland County Prothonotary' s Office Page 1 Civil Case Print . 2`013-03280 DEUTSCHE BANK NATIONAL TRUST (vs) YOUNG APRIL ET AL r Reference No. . . Filed. . . . . . . . . 6/07/2013 Case Type . . . . . : REAL PROPERTY - EJECTM Time . . . . . . . . . : 11:40 Judgmen . . .. . . 00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial . . . . Disposed Desc. : Disposed Date . 0/00/0000 -- --- ------- Case Comments --- ---------- Higher Crt 1 . : Higher Crt 2 . : ******************************************************************************** General Index Attorney Info DEUTSCHE BANK NATIONAL TRUST PLAINTIFF FOLEY JOSEPH I COMPANY YOUNG APRIL DEFENDANT 290 LIBERTY DRIVE SHIPPENSBURG PA 17257 YOUNG DWAYNE G DEFENDANT 290 LIBERTY DRIVE SHIPPENSBURG PA 17257 YOUNG DUWAYNE G DEFENDANT 290 LIBERTY DRIVE SHIPPENSBURG PA 17257 OCCUPANTS DEFENDANT 290 LIBERTY DRIVE SHIPPENSBURG PA 17257 ******************************************************************************** Judgment Index Amount Date Desc YOUNG APRIL 10/31/2013 JUDGMENT ON ORDER YOUNG DWAYNE G 10/31/2013 JUDGMENT ON ORDER YOUNG DUWAYNE G 10/31/2013 JUDGMENT ON ORDER OCCUPANTS 10/31/2013 JUDGMENT ON ORDER YOUNG APRIL 10/31/2013 WRIT OF POSSESSION YOUNG DWAYNE G 10/31/2013 WRIT OF POSSESSION YOUNG DUWAYNE G 10/31/2013 WRIT OF POSSESSION OCCUPANTS 10/31/2013 WRIT OF POSSESSION ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 6/07/2013 COMPLAINT - EJECTMENT - BY JOSEPH I FOLEY ATTY FOR PLFF --- - ----------- ---------------------------------------------------- 6/21/2013 SHERIFF' S RETURN - 06/10/13 - SERVED COMPLAINT IN EJECTMENT UPON DEFENDANTS AT 290 LIBERTY DRIVE SHIPPENSBURG PA 17257 SHERIFF ' S COSTS : $83 . 06 ------------------------------------------------------------------- 6/28/2013 ANSWER TO COMPLAINT IN EJECTMENT - BY DEFTS/PRO SE - -- - --------------- ------------ ---------------------------- -------- 7/12/2013 REJECT - RULE 237 . 5 - BY DEFT --- - --------- -- -------------------------------------------- -------- 7/17/2013 PLAINTIFF ' S REPLY TO DEFTS NEW MATTER - BY BY JOSEPH I FOLEY ATTY FOR PLFF -- - - ----------------------------------- ---------------------------- 7/29/2013 DEFENDANTS ' REPLY TO PLAINTIFF' S MATTER - BY APRIL YOUNG ------------------------------- ------------------------------------ 7/29/2013 PLAINTIFF' S MOTION FOR SUMMARY JUDGMENT - BY JOSEPH I FOLEY ESQ FOR PLFF ------------------------------------------------------------------- 8/12/2013 CERTIFICATION OF SERVICE - MEMORANDUM AND MOTION - BY JOSEPH I FOLEY ATTY FOR PLFF - ------------------------------------------------------------------ 8/12/2013 PRAECIPE FOR LISTING CASE FOR ARGUMENT - PLFF MOTION FOR SUMMARY JUDGMENT - BY JOSEPH I FOLEY ATTY FOR PLFF --- - - ---- --------------- ------- ---------------------------- -------- 10/23/2013 ORDER - 10/23/13 - IN RE: PLFF' S MOTION FOR SUMMARY JUDGMENT - *GRANTED* - BY THE COURT KEVIN A HESS PJ COPIES MAILED 10/23/13 PYS511 Cumberland County Prothonotary' s Office Page 2 Civil Case Print 2'013-03280 DEUTSCHE BANK NATIONAL TRUST (vs) YOUNG APRIL ET AL Reference No. . . Filed. . . . . . . . . 6/07/2013 Case Type . . . . . : REAL PROPERTY - EJECTM Time . . . . . . . . . : 11 :40 Judgmen . . .. . . 00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial . . . . Disposed Desc . : Disposed Date . 0/00/0000 -- - - - - -- ---- Case Comments --- ----- - ---- Higher Crt 1 . : Higher Crt 2 . : --- ---------------------------------------------------------------- 10/31/2013 PO/23/P3 FOR JUDGMENT IFOOLEPOSSESSION BYYLORDER OF COURT DATED --------- ---------------------------------------------------------- 10/31/2013 NOTICE MAILED TO DEFENDANTS --------------------------------- ---------------------------------- 10/31/2013 AFFIDAVIT OF NON MILITARY SERVICE - BY JOSEPH I FOLEY ESQ --------------------------------------------------- ---------------- 10/31/2013 AFFIDAVIT OF LAST-KNOWN ADDRESS OF DEFTS - BY JOSEPH I FOLEY ESQ --------------------------------------------------- ---------------- 10/31/2013 PRAECIPE FOR WRIT OF POSSESSION AND WRIT OF POSSESSION ISSUED - BY JOSEPH I FOLEY ATTY FOR PLFF $2 . 25 DUE CO ------------------- ----- ------------------------------------------- 11/04/2013 SHERIFF' S RETURN - DATED 11/1/13 - WRIT OF POSSESSION UPON DEFTS - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beg Bal Pymts/Ad� End Bal ******************************** ******** ****** ******************************* COMPLAINT 65 . 25 65 . 25 . 00 TAX ON CMPLT . 50 . 50 . 00 SETTLEMENT 9 . 50 9 . 50 . 00 AUTOMATION 5 . 00 5 . 00 . 00 JCP FEE 23 . 50 23 . 50 . 00 PREACIPE ARGUME 19 . 75 19 . 75 . 00 JDMT 16 . 50 16 . 50 . 00 WRIT OF POSSESS 28 . 50 28 . 50 . 00 ------------------------ ------------ 168 . 50 168 . 50 . 00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court"at Carlisle, Pa. This o7/ day of 20 1-3 Prothonotary SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED-OFFICE Ronny R Anderson OF THE PROTHOE O T ' Sheriff DI Catnotrt� Jody S Smith F 2013 DEC -6 PM 2: 143 Chief Deputy CUMBERLAND COUNTY Richard W Stewart e��y � Solicitor oFFIc.„OF THE SHERIFF • Deutsche Bank National Association Case Number vs. 2013-3280 April Young (et al.) SHERIFF'S RETURN OF SERVICE 11/01/2013 08:27 PM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant of 290 Liberty Drive, Southampton Twp, Shippensburg, PA 17257, but was unable to locate the Defendant in his bailiwick.The only resident of 290 Liberty Drive, Southampton Twp, Shippensburg, PA 17257 are occupants April Young and Dwayne G. Young.The Sheriff therefore returns the within requested Writ of Possession as"Not Found"as to "OCCUPANT". 11/01/2013 08:27 PM-Deputy William Cline, being duly sworn according to law, served the requested Writ of Possession by"personally"handing a true and attested copy to a person representing themselves to be the Defendant,to wit:April Young at 290 Liberty Drive, Southampton Twp, Shippensburg, PA 17257, Cumberland County, informed Defendant of contents of same and posted Sheriffs Notice on premises. 11/01/2013 08:27 PM-William Cline, Deputy Sheriff,who being duly sworn according to law, states that on November 1,2013 at 2037 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Dwayne G. Young, by making known unto April Young, co-defendant, at 290 Liberty Drive, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/05/2013 By virtue of this writ, Sheriff Ronny R.Anderson caused the within named Plaintiff to have possession of the premises described.as 290 Liberty Drive, Shippensburg, PA 17257. SHERIFF COST: $127.95 SO ANSWERS, 1-se.ember nr_ 2013 RONN R ANucrwN, SHERIFF L/Cl.CI11UC1 VV, LU IJ as- rot 0-4 yif/ a.99, / tc)County:uite Sheriff,Teleosoft,Inc. Deutsche Bank National Association Case Number vs. 2013-3280 April Young (et al.) PERSONAL PROPERTY REQUEST LEDGER • DATE CATEGORY MEMO CHK# DEBIT CREDIT 11/01/2013 Advance Fee Advance Fee 201427 $0.00 $150.00 11/01/2013 Docketing 94092 $18.00 $0.00 11/01/2013 Surcharge 94091 $30.00 $0.00 11/01/2013 Prothonotary 94151 $2,25 $0.00 11/04/2013 Service Mileage 94092 $22.60 $0.00 12/06/2013 Possession $30.00 $0.00 12/06/2013 Service Mileage $22.60 $0.00 12/06/2013 Poundage $2.50 $0.00 12/06/2013 Refund 94152 $22.05 $0.00 $150.00 $150.00 TOTAL BALANCE: $0.00 Printed: 12/6/2013 11:38:16AM «?CountySuite Sheriff,Teleosoft.Inc. Page 1 of 1 • OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS • CUMBERLAND County Courthouse Deutsche Bank.National Trust Company, CUMBERLAND COUNTY as Trustee for New Century Home Equity Loan Trust,Series 2003-4 Asset Backed COURT OF COMMON PLEAS Pass-Through Certificates 1610 E. St. Andrew Place, Ste B 1.50 . Number: 13-3280 Civil Santa Ana, California 92705 vs. • April Young 290 Liberty Drive Shippensburg, Pennsylvania 17253 •- Dwayne G.Young a/k/a4puwayne G. Young 290 Liberty Drive Shippensburg,Pennsylvania 17253 Occupants 290 Liberty Drive ,• Shippensburg,Pennsylvania 17253 WkIT OF POSSESSION I. Commonwealth of Pennsylvania, } County of Cumberland - } To the Sheriff of Cumberland County: • . ..„, • t (1) To satisfy the Judgment for Possession by Order of Court in the above matter you are directed tot.deliver possession of the property to Deutsche Bank National Trust Company, as Teugtee for New Century Home Equity Loan Trust Series 2003-4 Asset Backed PissIThrough.Certificates: . 290 Liberty Drive, Shippensbth-g,'Pennsylvania 17253.• (more fully described in legal description attached) • •— .• , COS4Z *21Ercv:- 7740 j4 ProthotiOtary I '4' • TRUE COPY FRO1V1 Re/CORD BY: I -_ In Testimony wherenf, I hel-e unto set my hand • , and the sel cif said Caurt 1 Carlisle, c .e•gby This.,WIF day of • Pro -•nota / j DATE: ic y 3 V McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff BY: '1'ERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 JOSEPH I.FOLEY,ESQUIRE-ID#314675 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as CUMBERLAND COUNTY Trustee for New Century Home Equity Loan COURT OF COMMON PLEAS Trust, Series 2003-4 Asset Backed ' Pass-Through Certificates Number 13- 3280 Civil _ V. (�r ri -'< April Young,Dwayne G. Young a/k/a Duwayne G. Young and Occupants = �D:' PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue Writ of Possession in the above-captioned matter. 290 Liberty Drive,Shippensburg,Pennsylvania 17253 McCABE WEISBERG & CO .C. BY: [ ]Terrence McCabe,Esquire [ ]Marc S.Weisberg,Esquire [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Christine L.Graham,Esquire [p]Joseph I.Foley,Esquire DEUTSCHE BANK NATIONAL TRUST : IN THE COURT OF COMMON PLEAS • COMPANY,AS TRUSTEE FOR NEW OF CUMBERLAND COUNTY, CENTURY HOME EQUITY LOAN PENNSYLVANIA TRUST, SERIES 2003-4 ASSET BACKED PASS THROUGH CERTIFICATES r1 ^; Plaintiff, : CIVIL ACTION-LAW -o mp j. .. --a -. V. in r r� • APRIL YOUNG, DWAYNE G. YOUNG • No. 13-3280 Civil Term alk/a DUWAYNE G. YOUNG AND OCCUPANTS, Defendants. - IN RE: PLAT TIFF'S MOTION FOR SUMMARY JUDGMENT • BEFORE HESS P.J.,EBERT,J, AND PECK, J. ORDER AND NOW, this 2;4 day of October,2013, upon consideration of Plaintiff's Motion for Summary Judgment,and after oral argument,heard September 27,2013, the Motion for • Summary Judgment is GRANTED and the Defendants,April Young, Dwayne G. Young a/k/a Duwayne G. Young, and Occupants are ordered to vacate the premises, 290 Liberty Drive, Shippensburg, PA 17253 within 30 days of this Order. It is f u—ther ordered and decreed that all personal property in or on the property after 30 days following the date of this Order shall be deemed abandoned and Plaintiff may dispose of such property as it sees fit without any liability thereof. BY THE COURT, Kevin• '. Hess, P.J. IN THE COMMONWEALTH COURT OF PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee for New Century Home Equity Loan Pass - through Certificates V. April Young, Dwayne Young a/k/a Duwayne Young and Occupants, Appellants : ORDER /3- 3 -o T'C7 No. 2114 C.D. 2013f.-2 . ' r= • Now, March 17, 2014, the above - captioned matter is dismissed for appellants' failure to comply with this court's defect correction notice dated February 19, 2014. Trial Court/Agency No. 13 -3280 Civil tL4 J. esley Oler,"Jr , Senior Judge Certified from the Record MAR 182014 And Order Exit