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HomeMy WebLinkAbout13-4684 Supreme Cou t of-Pennsylvania Cou rt'of -Com m ori> Pleas For Prothonotail Use Onitr: C;11 r Sheet s, 1f�1 1', • - - _ ',�, `/ Docket No: NIBERI QNIS CU ` / Coun .. /•` ty The in1;,rn7u1iou collected on this fin-i is used soleh• fin cunr t u<lnrini,etrutiun prrrpo,�� +,�. 77iis jorrn doers not .upplcwmenl ur replewe the filing and service nj'plwdrn, c or other papers or required hr lun° (w ruIcs of court. Commencement of Action: S ED Complaint D Writ of Summons ( Petition Transfer from Another Jurisdiction L ! Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: Deutsche Bank National Trust Company, as Trustee for Donald J. McCauslin, Jr. and Midori McCauslin T Dollar Amount Requested: Flwithin arbitration limits I Are money damages requested? 0 Yes El No (check one) []outside arbitration limits O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? Yes D No A Name of Plaintiff /Appellant's Attorney: Kimberly A. Bonner, Esq. [] Checic here if you have no attorney (are a Solt - Represented I Pro Sep Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. .I 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 El intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution Q Debt Collection: Credit Card [] Board of Assessment Motor Vehicle Q Debt Collection: Other (] Board of Elections Nuisance Q Dept. of Transportation Premises Liability Statutory Appeal: Other S [] Product Liability (does not include mass tort) []Employment Dispute: E Discrimination (] Slander /Libel/ Defamation ©, Employment Dispute: Other Zoning Board C❑3 Other: El , I [] Other: O MASS TORT Q Asbestos N 0 Tobacco E] Toxic Tort - DES E3 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste [] Other: x' Ejectment Q Common Law /Statutory Arbitration 0 Eminent Domain /Condemnation [] Declaratory Judgment 0 Ground Rent (] Mandamus El Landlord/Tenant Dispute Non - Domestic Relations [] Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLiTY n Mortgage Foreclosure: Commercial ❑ Quo Warranto [] Dental E7 Partition 01 Replevin n Legal E] Quiet Title El Other: E] Medical E3 Other: E] Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C L M BE f i L r~ N D COU P Efl«5YUi DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF VENDEE MORTGAGE TRUST 2002 -2 CIVIL D/IVVISION/ �{ Plaintiff, NO.: V. ISSUE NO.: TYPE OF PLEADING: DONALD J. MCCAUSLIN, JR. and MIDORI MCCAUSLIN CIVIL ACTION - COMPLAINT IN Defendants. EJECTMENT CODE- FILED ON BEHALF OF: BANK OF AMERICA, NA PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA I. D. # 55650 Kimberly A. Bonner, Esquire Property: PA I.D. # 89705 7329 Wertzville Road Carlisle, PA 17013 ZUCKER, GOLDBERG & ACKERMAN P.O. Box 650 Hershey, PA 17033 (717) 533 -3280 To: Defendant(s): You are hereby notified to plead to the enclosed Complaint within twenty (20) days from service hereof or a default judgment may be entered against you. Scott A. Dietterick, Esquire Attorney for Plaintiff o �T ♦' j P' 1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF VENDEE MORTGAGE TRUST 2002 -2 CIVIL DIVISION Plaintiff, NO.: V. DONALD J. MCCAUSLIN, JR. and MIDORI MCCAUSLIN Defendants. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249 -3166 (800) 990 -9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF VENDEE MORTGAGE TRUST 2002 -2 CIVIL DIVISION Plaintiff, NO.: V. DONALD J. MCCAUSLIN, JR. and MIDORI MCCAUSLIN Defendants. AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249 -3166 (800) 990 -9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF VENDEE MORTGAGE TRUST 2002 -2 CIVIL DIVISION Plaintiff, NO.: V. DONALD J. MCCAUSLIN, JR. and MIDORI MCCAUSLIN Defendants. CIVIL ACTION - COMPLAINT IN EJECTMENT AND NOW, comes DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF VENDEE MORTGAGE TRUST 2002 -2 ( "Plaintiff'), by and through its attorneys, Zucker, Goldberg & Ackerman, and files this Complaint in Ejectment as follows: 1. The Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF VENDEE MORTGAGE TRUST 2002 -2, which has its principal place of business in New York, New York. 2. The Defendants Donald J. McCauslin, Jr. and Midori McCauslin ( "Defendants ") are adult individuals residing within the Commonwealth of Pennsylvania with a last known address of 181 Pisgah State Road, Shermans Dale, PA 17090. 3. Plaintiff owns the Real Property commonly known as 7329 Wertzville Road, Carlisle, PA 17013 ( "Real Property"), by deed from Secretary of Veterans Affairs, an Officer of the United States of America, dated June 27, 2002, recorded December 5, 2002 in the Cumberland County Clerk's/Register's Office in Deed Book 254, Page 4263.. A true and correct copy of said Deed is marked Exhibit "A ", attached hereto and made a part hereof. 4. Defendants entered into a Land Installment Contract, dated December 28, 2001 ( "Agreement ") for purchase of the Real Property, a true and correct copy of said Agreement is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendants defaulted under the terms of the Agreement and on or about on or about November 28, 2012, Defendants were mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. True and correct copy of said Notices are marked Exhibit "C, attached hereto and made a part hereof. 6. Defendants were also sent a Notice of Termination of the Installment Contract dated February 22, 2013 ( "Termination Notice "). A true and correct copy of said Termination Notice is marked Exhibit "D ", attached hereto and made a part hereof. 7. To date, Defendants has failed or refused to cure the default as stated in the Termination Agreement and failed or refused to surrender the premises, and therefore, Defendants are occupying, using and enjoying the premises without right and Claim of Title. 8. Defendants have unjustly and unlawfully retained legal possession of the premises to the detriment of Plaintiff. 9. Pursuant to 68 P.S. Section 905, Plaintiff has a right to recovery of possession of the Real Property based on Defendants' default under the Agreement. WHEREFORE, Plaintiff demands judgment against Defendants for possession of the premises known as 7329 Wertzville Road, Carlisle, PA 17013, together with such other relief as this Honorable Court may deem necessary and appropriate. ZUCKER OLDBERG & ACKER AN, L I� 1 `� BY: Dated: Scott A. ietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCP- 171152/KAB 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoldberg.com VERIFICATION hereby states that he she of Bank of America, NA, servicing agent for iff in this matter, that hee authorized to make this Verification and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his er nowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. By: Bank ofAme ' a, NA Name: Title: File No: 171152 V. C Borrowers Name: DONALD J. MCCAUSLIN JR. AND MIDORI MCCAUSLIN VA Form 26 -"36a Seetfon 1820, Title 38 U.S.C. PENNSYLVANIA THIS INDENTURE :made this 27th day of June, A.D. 2002, between the Secretary of Veterans Affairs, an Officer of the United States of America, whose address is Departme i 20420, hereinafter called the Grantor and Deutsche Bank National nalTrust Compaa Y, As Trusts For Mortgage Trust 2002 -2, Without Recourse, Except As Provided In A pooling And Servicing Agreement Dated .tune 1, 2002, a trust which is established under the laws of the STATE OF CALIFORNIA, having its principal Place of business at c/a Countrywide Home Loans, 1800 Tapo Canyon Rd., MSN SV -103, Simi Valley, CA 93063 herein called Grantee: WITNESSETH that the said Grantor(s) for and in consideration of the Ninety seven thousand six hundred and seven dollars and 51/100 ---- ($97607.51) DOLLAR(S). the receipt whereof was acknowledge, hereby grants, bargains, sells, aliens, enfeoff releases the said Grantee and Grantee's heirs or successors and assigns, s' canfrirrs unto VM rn BEtMM G - LEGAL DESCRIPTION (SEE ATTACHED DOCUMENT) Q � TAX IDs 21-11-3029-015 0 BEING 7329 WERTZVILLE RD, CARLISLE, PA 17013 MD CO TOGETHER with all and singular the improvements, ways, streets, alle libertie s, Passages, waters, watercourses, rights, s Privileges, hereditaments, and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the reversion and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, property, Claims, and demand whatsoever of the said Grantor, in law, equity, or otherwise howsoever, of in, and to the same and every part thereof. TO HAVE AND TO HOLD the said lot or piece of ground above described with the hereditaments and appurtenances, unto the said Grantee and Grantee's heirs or successors and assigns, forever. Grantor covenants to warrant and defend all that herein above described against all persons lawfully claiming or to claim the same or any part thereof by, or under Grantor. IN W'MESS 'WHEREOF, Grantor on the day and year first above written has caused this instrument to be ac ti n signed and sealed on Grantor's behalf by the undersigned, being thereunto du! inte pursuant to Title 38, United States Code, Sections 212 and 1820, and Title 38, Code Of Federal Regulatio g Section 36.4342 and 36.4520, pursuant thereto, as amended, and who is authorized to execute this instrument. 660K 1 2`54 PArf4261a °9 I 5 f The Sec tart' of Veterans Atrairs SEALED AND DELIVERED XN THE PRESENCE OR-- *B 'X1t -�4 SCHREINER 1 � ---'—� METT Tide: i Q . F, OSORIO nmQ. ��r Countrywide Home Loans as Authorized JACOB HAS Officers for Veterans Affairs Regional Office or Regional Office & Insurance Center 2 it PA Telephone (805) $77 -166 {Pursuant to a delegation of authority in VA Regualtions, 38 C.F.R., 36.4342 and STATE OF CALIFORNIA, } 36.4520.) COUNTY OF VENTURA SS On this 5 day of November, 2002, before me, Dalia Vega, Notary Publi SCI- IREINE y pe c, Personally appeared TRACY R, personal! known to me to be the rson whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. Ww LrIMSS my hand and cial seal. Gd� ►' n ' Abtory 1 Notary Public - Cfl Ve mmi.�ion No. 12902 Commission Expires: January 12, 20o5 I hereby cwtify that the precise residence of the wider named Grantee is: c CnHnfrVUAAP ome Loans I $ T o Can on R . MAW Q11? I 0 imi Vail C 9 063 "Prlut, typewrite, or stamp names of each party immediately below each signature. Send tax bills to: Countrywide Home Loans Attn: Andrea Cannata 1737 Tepo Canyon !toad MSN SV 34 Simi Valley, CA 93U63 80b1( ti 54 PAGF4264 m 4'�Lf',bO 1i+ tl aCb vSIC 4A . sa. a us - t°i el CV q[ �1 LlJ r w ti w` ®'. a 8p clJc: VC1 X1 t� i, ; poE ��jti:fl�� 11t ;i���.t ��� �� ' uo � 6 gi3a?J � .#��e ao yip a�,oZ! �d :�f#aat+ uo eut� rro� � uo � aq�tc�} �# CTOII va g olo mo ' POOR WM""lWA MI � sa 0•11L oe -tr19 'YJlolitd Zu drv"03 XOG*T rpm aF A 6lclbnd t 1*ZWoa W e, 26 -6336e (cg) countryuide Home Loana ad SEPT 1998 ll! II!lIINIIIIf Illllllllllll llllNllllllillllllllllllllllilf liillllllllillllll l(Ilf 1 ` 1-10-6-0535516 610 003942349 1C 001 001 INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE - PENNSYLVANIA - f THIS LOAN MAY NOT BE ASSUMED WITHOUT THE pRIOR E APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT,- SUCCESSORS OR ASSIGNS. 1. THIS AGREEMENT, made the 28th day of December , 2001 by and between the Secretary of Veterans Affairs, an officer of the United States of America, whose address is Department of Veterans Affairs Washington, D C 20420, (of the first part) hereinafter called "Seller ", and his/her successors in such office, as such, and DONALD J. MC CAUSLIN, JR and MIDORI MC CAUSLIN hereinafter called "Buyer ". (Party of the second part) '2. WITNESSETH, That it is mutually agreed as follows*.' The Seller hereby agrees to sell to the Buyer, and the Buyer hereby agrees to purchase from the Seller, all that real property situated in Middlesex Township county of Cumberland and Commonwealth of Pennsylvania, herein referred to as the property" and more fully described as follows: TAX PARCEL 21 -11- 3029 -015 i 7329 Wertzville Road i Carlisle, PA 17013 l; 3. , This Agreement is made subject to: (1) Existing leases and to rights, if any, of persons in possession,if any, (2) The general taxes and special assessments which the Buyer hereinafter covenants to pay. (3) Building line and building and liquor restrictions of record. (4) Zoning and building laws or ordinances. (5) Party wall rights or agreements. (6) Roads and highways. (7) Covenants, conditions, exceptions, reservations, restrictions, or easements of record. (8) Rights of all parties claiming by, through, or under the Buyer. (9) Any state of facts which an accurate survey would show. (10) All unpaid water and sewage - disposal charges for services rendered after the date of delivery of this Agreement. (11) All contracts or agreements, recorded or unrecorded, for furnishing gas, electricity, water, or sewage - disposal service. (12) The constitution bylaws, rules, regulations, restrictions, charges, or assessments of any civic improvement or other association, corporation,or district, which affect the property. (13) Coal Notice under the Bitumindus Mine Subsidence and Land Conservation Act of 1966 attached. The Buyer shall indemnify and save harmless the Seller from all loss and liability that arise by reason of any and all obligations and liabilities existing or arising out of any of the foregoing matters, I 4. Buyer shall pay to Seller for the property the sum of C$ 99000.00 ) in lawful money of the United States of America at the (Regional Office) (Center), Department of Veterans Affairs, an agency of the United States,or at such other place within the United States as the Seller or the Seller's Agent, may from time to time designate in writing, at the times, in the amounts, and in the manner following: i ($ 800.00 ) in cash prior to or upon the execution and delivery of this Agreement; and the balance of ($ 98200.00 ) herein referred to as "principal sum" ' or as "principal" with interest thereon at the rate of SIX AND ONE QUARTER percent ( 6.25 )% per annum, from the date of December 28 , 2001, which said principal and interest on the unpaid portion thereof shall be payable in equal monthly installments as follows: ($ 604.63 ) on the first day of February , 2002 , and a like sum on -the first day of each and every month thereafter for 359 consecutive, additional months, until said principal and interest shall have been.fuily paid. Unless sooner paid, the unpaid balance of principal plus the accrued and unpaid interest shall be due and payable on the First day Of the January tal urchase price paid for the said described property,' the amount of $ -------- - - - - -- is a rehabilitation loan granted pursuant to Public Law 100 -198, to be disbursed under a separate Escrow Agreement which rehabilitation loan bears the same rate of interest as the balance of the amount remaining and to be paid for the Except as hereinafter otherwise provided, each payment made hereunder shall be credited first on the interest then due as herein provided and the remainder shall be credited upon unpaid principal. Additional payments of principal in any amount not less than the amount of the monthly installments above provided or One Hundred Dollars ($100), whichever is less, may be made at any time and shall be credited on the unpaid principal sum in such manner as the Buyer may elect, or in the absence of such election, as Seller may elect. 5. All real estate taxes, water rents, sewer charges, assessments, and other charges payable in years subsequent to the year 2001 or levied after the date of execution of this Agreement, or for improvements which are not then completed upon the property, are and shall be the obligation of the Buyer, and Buyer covenants to pay the same in the manner provided in paragraph j seven hereof. Waterfsewer and special assessments to be paid directly by buyer. Cl 6. Buyer shall obtain and continuously maintain hazard insurance of such a or to time notify Buyer to obtain on the improvements now or hereafter made on saidpremises and will pa any Sell premiums o theerefor , Promptly t ly when due. All insurance shall be carried in companies approved by Seller and policies and reneal thereof shall be held by Seller and have attached thereto loss payable clauses in favor of Seller as Secretary of Veterans Affairs in acceptable' form. In the event of loss, Buyer will give immediate notice by mail to Seller and Seller may, but is not under duty to make Proof of loss, if such proof is not made promptly by Buyer. All insurance carriers are hereby authorized and directed to make Payments for such loss directly to Seller instead of to Buyer and Seller jointly. The proceeds from the paymenf of such loss or any part thereof may be applied by Seller either to reduction of the indebtedness damage. or to the restoration and repair of the property 7 Together with and in addition to the monthly payments of principal and interest payable under the terms hereof, Buyer will Pay the Seller on the first day of each month until the terms of this contract have been 'fully complied with, the following sums: (a) Such amount or amounts as may be necessary to equal all or any of the premiums which next become due and payable on the policy or policies of fire and other hazard insurance covering the property, plus taxes, next due on the property (all as estimated by Seller, and of which Buyer is notified) less all sums already paid therefor divided by the number of months to elapse before one month priorto the date when such premiums, taxes will become delinquent, such sums to be I held by Seller in Trust - (irrevocable -until all of Buyer's obligations- under f premiums, taxes. his Agreement are discharged) to pay said (b) The installment for principal and interest stated in paragraph 4 which sum plus the amounts payable pursuant to subparagraph (a) of this paragraph shall be paid in a single payment each month. Except as otherwise provided in Paragraph 14, such payment shall be applied to the items and in the order stated below: I. Taxes, fire and other hazard insurance premium; H. Interest on the unpaid portion of the principal; and M. Unpaid principal. (c) Any deficiency in any such payment shall, unless made good prior to the due date of the next payment, constitute an event of default hereunder. The Seller may collect a "late charge" not to exceed an amount equal to four (4 %) per centum of the installment which is not paid within fifteen (15) days from the due date thereof, to cover the extra expense involved in handling delinquent payments. (d) If the total of the payments made by Buyer under subparagraph (a) of this paragraph shall at any time in the opinion of Seller exceed the amount required for the payment of taxes or insurance premiums, as the case may be, such excess shall be credited on subsequent payments to be made by the Buyer for such items. If, however, such monthly payments shall not be sufficient to pay such items when the same shall become due and payable, the Buyer shall pay the Seller any amount necessary to make up the deficiency. (e) All payments of said items made by Seller may be in such amounts as are shown by records, or by bills obtained by Seller, or on the basis of any other information received by Seller, or_ be. due, - payable, past due, or delinquent on items. , account thereof. If requested by Seller Buyer shall promptly obtain, approve and deliver to Seller all bills for said I S. Buyer covenants and agrees to deposit with Seller at the execution and delivery of this Agreement an amount to be determined by Seller to be required to meet the payments of taxes and any premiums for hazard insurance which it may be necessary to pay i prior to the accumulation of a fund sufficient therefor as provided herein. 9. All payments of principal, interest and other items required to be made by the terms of this contract, shall be made to the Agent Cashier at the office of the Department of Veterans Affairs designated in paragraph 4, to the order of the Department of Veterans Affairs, unless the Buyer shall be notified in writing to make such payments to another payee or place,and only such j Payments as shall be receipted for by We said Agent Cashier, or other payee after notice to the Buyer, shall be recognized by the + Seller, and all other payments, if any, shall be mad at the risk of the Buyer. J i 10. All moneys paid to Seller hereunder shall be deposited with the Treasurer of the United States who is hereby authorized to i commingle the same with the general Rinds of the United States. No interest shall be payable on the funds received by Seller for any purpose Pursuant to any provision of this Agreement. 11. Buyer covenants not to commit, permit, or suffer any waste to the property, to keep the property in a good state, order and repair. Buyer further covenants not to abandon said property and not to use, permit, or suffer the use of any of the prgperty for any illegal or immoral purpose, and agrees to comply with all laws and ordinances which may in any manner affect the property. 12. The Buyer is authorized and permitted to make such repairs, alterations, and renovations to said property as desired and determined to be necessary at Buyer's own expense and without any liability on the part of the Seller for same, as are approved in advance by the Seller. Failure of the Buyer to obtain advance approval for repairs, alterations, and renovations, to said property, may at the option of the Seller, be considered a breach of the terms of this agreement and an act of default. Buyer further covenants and agrees to make prompt payment for all labor and materials in such behalf expended and not to suffer any Mechanics' or materialmen's liens to attach to said property. All such repairs and alterations made by the Buyer shall inure to the benefit of the property and the Seller in the event of a default in the terms of this Agreement by the Buyer. Buyer also covenants and agrees to complete and pay for the following repairs of alterations within ( ) days after execution of this Agreement and that breach of this covenant will constitute an act of default. 13. No part of the property shall be used in the manufacture, sale, or distribution of intoxicating liquors. 14. In the event Buyer fails, neglects, or refuses to perform, in whole or in part, any of the covenants, agreements, or obligations herein provided upon the part of Buyer to be performed, Seller is hereby authorized and empowered without notice and at the cost of Buyer, to perform or cause to be performed, any or all of said covenants, agreements and obligations, and to expend sums of money as may be reasonable therefor other u ssa such y purpose which in the opinion of Seller is reasonably necessary s lien, i6estment or or for any Y ary for f the protection of Seller, Seller's property. All such sums of money so expended by Seller, together with interest thereon, at the rate aforesaid, from the several dates shall become so much additional of expenditure thereof unfit paid, ' indebtedness under this Agreement and; shall be repaid by Buyer to Seller, in lawful money of United States eri the c er of Amca, immediately and without demand, at thej same place or. places as other su algre that such sums al otherwise repaid, in which ms are payable hereunder, unless Seller sh l a e event such repayment shall be made by Buyer to Seller at such times and in suh mann as Seller shall require. Any failure, neglect, or refusal by Buyer to repay such sums as herein provided shall constitute default hereunder. Any payments made under the terms of this Agreement may, at the election of Seller, be applied first to the ayment of any sums Seller shall have expended in accordance with the terms hereof. 15. Buyer hereby assigns, transfers, and sets over to Seller, up to the amount of the total indebtedness of Buyer to Seller hereunder, all of Buyer's right, title, and interest in or to all awards and claims in connection with condemnation o f any of the property for public use, or for injury+ to any portion thereof, and the 'procceds of all such awards or claims, after payment therefrom of all reasonable expenses incurred, including fees for attorneys representing Seller in any such proceeding, shall be . paid to Seller and Buyer's obligation hereunder shall thereby be reduced an equal amount except to the extent Seller elects to use the funds to improve the property in accordance with paragraph 16. Seller is hereby authorized in the name of Buyer to execute f and deliver valid acquittances thereof and to appeal from or otherwise appropriately litigate any or al] of such awards or claims. Seiler '"I be under no obligation hereunder to sell or convey ail or any part of the property, or right or interest therein which is condemned, _ 1 16. All moneys received by Seller under any policy or policies of insurance of any condemnation award or other award after Payment therefrom of all reasonable expenses. incurred in connection therewith, including fees for attorneys representing Seller, ma y at the option of Seller be used for the purpose of repairing, restoring, or improving the damaged structure upon the property, or may be credited on the indebtedness in accordance with the provisions of this Agreement. 17. Execution and acceptance of this Agreement by the Buyer constitutes delivery to and acceptance by Buyer of possession of the property herein described, and the buildings and improvements thereon erected, and acknowledgment by the Buyer that the property, and the buildings and improvements, thereon erected, have been inspected and examined, that buyer is satisfied with its and their condition, and that the property and the buildings and improvements thereon erected in such condition are being bought and accepted without any representation whatsoever by the Seller, except as may be provided in paragraph 11 of Agreement of Sale dated The Buyer assumes responsibility for injury or death on or arising out of the property and also assumes the risk of loss or damage to the buildings now situate, or hereafter constructed, in or upon said property by fire, casualty, or other happening and shall indemnify and save the Seiler harmless from all loss arising from or by mason of these events or incidents, 18. Time is of the essence of this Agreement and if default be made and continue for a period of thirty (30) days in the payment of any of the installments of principaI.driterest, or any other items hereinbefvre stipulated, when the same become severally due hereunder, or in the payment of any oilier sum herein agreed to be paid by Buyer, or if default be made in the performance by i Buyer of ally other agreement, covenant, or obligation of Buyer hereunder, then in either, or any of said events, the whole unpaid balance due under the terms ot` this Agreement shall, at the option of Seller, immediately become due and payable and i Seller may, at his /her option, (a) terminate by supple declaration of an election so to do with or without notice, all of Buyer's ! rights under this Agreement and a[I of Buyer's nght, title, and interest in the property; or (b) 'terminate alt of Buyer's rights under this Agreement and all of Buyer's right, title, and interest in the property in any appropriate proceeding, legal or equitable; or (c) enforce Buyers obligations hereunder in any appropriate proceeding, legal or equitable. Buyer agrees to pay all costs and expenses, including a reasonable sum for attomey's fees ,incurred by Seller in terminating Buyer's rights• under this Agreement or claims to the property or in enforcing any, or all of the terms of this Agreement, and in appropriate judicial proceedings, if any are initiated to establish or maintain Seller's right or title to, and possession of said property after breach by Buyer, free of any title or claims of Buyer. 19. Upon Seller exercising the right of termination as, provided herein, all rights, estate and interest hereby created and then existing in Buyer and in any and all persons claiming under Buyer, shall wholly cease and determine_ Buyer shall thereupon quit and surrender to Seller without demand, peaceful possession of said premises in as good condition as they now are, reasonable wear -and tear alone excepted. In the event Buyer neglects or refuses to surrender such possession when obligated so to do it shall be lawful for Seller to entdr• upon and take possession of such premises without notice and remove all persons and their property. 20. The Provisions of paragraph 19 and 20 of this Agreement shall also a,ppIy, at the option of Seller, to (i) any violation or breach of any of the covenants, conditions, or restrictions, indicated in this Agreement or which may be of record, and (2) to any violation of any laws or ordinances in any manner affecting said property. 21. Seller agrees upon receipt of payments in accordance with the provisions hereof, of the entire principal sum with interest, to execute and deliver a special Warranty Deed on VA Form 26 -6436a conveying the title to said property to Buyer in such manner and form as Seller elects. Such deed may be delivered at such earlier time as Seller may elect. Said Deed will be on Seller's form and conveyance shall be made under and subject to any restrictions, reservations, and exception of record and also subject ` to all National and State laws, statutes, and regulations, then affecting the transfer of real estate or of any right therein. In the event any part of said principal sum shall not have been paid at the time of the execution and delivery of the deed to said property. Buyer shall simultaneouslyi .execute and deliver to Seller a Mortgage Note in the just or principal sum remaining unpaid, together with interest thereon t the rate provided in paragraph 4 hereof, payable in installments of the same amounts• as stated in said paragraph, and a purch , e money mortgage of said premises to secure the same, which mortgage shall be a first Lien on the property; the Mortgage Note and Mortgage shall bear the same date as said Deed; they shall be on the forms of such instruments then in use by the Department of Veterans Affairs or its successor in interest, modified and amended as to such terms, conditions and detailed provisions as are in conflict with this Agreement. 22. Buyer represents and covenants that Seller's title is satisfactory to Buyer as of the date hereof. 23. Buyer shall pay for all recording, transaction, transfer, conveyance, and other taxes upon this Agreement and upon any deed, bond, mortgage, or other instrument executed under the terms and provisions of this Agreement, and for all revenue, documentary, or other stamps required to be affixed to any such instrument and shall #lso pay the fees for recording the deed and the mortgage, if any, when executed, as well as all costs and expenses for such title search as the Buyer may elect to have made. 24. The Buyer shall notify the Seller of an assignment of the Buyer's interest in this contract. Seller may at any time sell and convey the property subject to this Agreement and may assign this Agreement and any and all rights hereunder without the consent of the Buyer. 25. Any notices from one party hereto to the other party shall be in writing and delivered in person or forwarded by certified mail - ]Notices shall be addressed to the property hereinabove described unless written of a different address shall have been previously delivered to Seller, in which event notice shall be sent to such address. Notices to Seller shall be addressed to the Loan Guaranty Officer, Department of Veterans Affairs at the Office where this Agreement is executed until Buyer is notified in writing of a changed address. Thereafter any notice shall be sent to the last address of which Buyer shall have been notified. 26. Buyer hereby_ authorizes and empowers any attorney of any court in the Commonwealth of Pennsylvania or elsewhere to appear for them and each of them in : &y and all actions to be brought for any breach or default of the terms of this Agreement and hereby confesses judgment in favor of the Seller for the whole amount of the principal sum and any interest remaining unpaid thereon, whether the same sball have been due or not, together with an attorney's commission or fee of five (5%) 1 percent, with or without prior declaration made, waiving stay of execution, inquisition, and all exemption laws. i 27. And the said Buyer hereby, upon the breach of any of the conditions of this Agreement, authorizes any attorney of any court of Record to appear for them and each of them and enter an amicable action of ejectment and confess a judgment of ejectment therein for the premises herein described and do authorize the immediate is'sumg and execution of a writ of babere facias possessionem with clauses of fieri facias for costs and five (5%) percent attorneys commission or fee, without asking leave of court. I _ I 28. All moneys paid by Buyer to Seller under the terms of this Agreement shall be retained by Seller as compensation for the use and occupancy of the property, consideration for the execution of this Agreement and not as liquidated damages to Seller for default or as a penalty. 29. Failure or delay of the Seller to enforce any right or to exercise any option hereunder available because of any default shall ` not operate as a waiver of the right of the Seller to thereafter enforce such right or to exercise such option or any other right or i option, for the same or for any subsequent default. 30. Buyer expressly agrees that the rights and remedies herein granted Seller in the event of default, to enforce the terms and conditions of this Agreement, the recovery of damages for any breach, or possession of the above described property, may be exercisable as often as there is default on the part of Buyer and shall not be exhausted by one or more uses thereof, and that it shall not be necessary to file the original of this as a warrant of attorney if a true copy hereof shall be filed in any - action. 31. The cov enant s , obligations, liabilities, terns and provisions herein contained shall be binding upon, and the benefits and advantages hereunder shall inure to the Buyer jointly and severally and to their and each of their respective heirs, executors, administrators, and assigns, and to the successors and assigns of the Seller. 32. This Agreement shall not be recorded in the office for the recording of deeds or any other office or place of public record. . If Buyer causes it to be recorded he` /she will be considered in default with the right of Seller to forthwith terminate this Agreement and to enforce and exercise Seller's rights hereunder because of such default. 33. Buyer understands and agrees that if this Installment Agreement is terminated by Buyer or Seller, any remaining amount off , the rehabilitation loan in the hands of an escrow agent shall immediately be returned to Seller (Department of Veterans Affairs), l 34. This loan may be declared immediately due and payable upon transfer of the property securing such loan to any transferee, f unless the acceptability of the assumption of the loan is established either pursuant to the provisions of section 3714 of chapter 37, title 38, United State Code, or by the loan holder if the loan has been sold without recourse. 35. A fee equal to one -half of I percent of the balance of this loan as of the date of transfer shall be payable to the Department of Veterans Affairs at the time of transfer, If the assumer fails to pay this fee at the time of transfer, the fee shall constitute an additional debt to that already secured by this instrument and shall bear interest at the rate herein provided, and, at the option of i the payee of the indebtedness hereby secured or any transferee hereof, the full indebtedness hall be immediately due and payable. This fee is automatically waived if the assumer is exempt under the provisions of 38 U.S.C. 3729(b). The assumer is not i obligated to pay this fee if the Department of Veterans Affairs has sold this loan without recourse. 36. Upon application for approval to allow assumption of this loan, a processing fee may be charged by the Department of Veterans Affairs or its successors or assigns for determining the creditworthiness of the assumer and subsequently revising the ownership records when an approved transfer is completed_ The amount of this charge shall not exceed $300. IN WITNESS WHEREOF, the Seller has caused this instrument to be signed and sealed in his/her name an din his/her behalf by the undersigned employee, being thereunto duly appointed, qualified and acting pursuant to title 38, United States Code, sections 212 and 1820, and title 38, Code of Federal Regulations, sections 36.4342 and 36.4520, pursuant thereto, as amended, and who is authorized to execute this instrument, and the Buyer has hereunto set his/her individual hand and seal on the day and year first above written. r NOTICE - THIS DOCUMENT MAY NOT/DOES NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND'RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR r REFERRED TO HEREIN, AND TH9 OWNER OF OWNERS OR SUCH COAL MAY HAVE /HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL qqF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT' TO THE ; SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. (This notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984, as amended, and is not intended as notice of unrecorded instruments, if any.) SEALED AND DELIVERED IN THE PRESENCE OF trer s airs j 4.s.- >c_...._... Title: _. Loaa Guaranty Officer _ VA Regional Office or Regional Office 8c . ...... . ...... .. »......._... Insurance Center, Philadelphia, PA. » � P ursuant t del 42 -2000 Pursuant to a delegation of authority in 38 CFR -.. .._. ............... _._._ ».» 36.4342 and 36.45 O.) r �GfGI„l/!,�" ��..G.•• - " ' ». »._. . ......... ...... [SEAL] DONALD J. M CAUSLIN, JR (Buyer) _ [SF Ll MIDORI MC CAUSLIN 7 _ b _._.._.._.._.._. . . ............._.............. _.. ....._.._._._........�8 �------- .. »./SEAL] r I i Donald J. McCauslin, Jr. 7329 Wertzville Road Carlisle, PA 17013 Donald J. McCauslin, Jr. 181 Pisgah State Road Shermans Dale, PA 17090 Midori McCauslin 7329 Wertzville Road Carlisle, PA 17013 Midori McCauslin 181 Pisgah State Road Shermans Dale, PA 17090 November 28, 2012 Via Certified Mail — Return Receipt Requested Regular U.S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help save your home. This notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call (717) 780- 1869). Zucker, Goldberg & Ackerman, LLC XCP- 171152 This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Donald J. McCauslin, Jr. and Midori McCauslin PROPERTY ADDRESS: 7329 Wertzville Road Carlisle, PA 17013 ORIGINAL LOAN AMOUNT: $98,200.00 ORIGINAL LENDER: Department of Veteren's Affairs CURRENT LENDER /SERVICER: Bank of America, NA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL • IF YOU HAVE A RESONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set Zucker, Goldberg & Ackerman, LLC XCP- 171152 forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE YOUR HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE ACTION AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANYTIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) Zucker, Goldberg & Ackerman, LLC XCP- 171152 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT —the MORTGAGE debt held by the above Lender on your property located at: 7329 Wertzville Road, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months, and the following amounts are now past due: Monthly payments 6 Payments 6/1/2011 to 11/1/2011 @ $767.40 $4,604.40 13 Payments 12/1/2011 to 12/1/2012 @ $773.67 $10,057.71 Escrow Deficiency $376.41 Property Inspection Fees $165.00 Property Preservation $524.71 Lawn Maintenance $1,350.00 TOTAL AMOUNT PAST DUE: $17,078.23 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) HOW TO CURE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $17,078.23, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to Bank of America, NA P.O. Box 650070 Dallas, TX 75265 -0070 Phone: 800 - 669 -0102 Fax Number: 972 - 526 -6235 Attention: General Collections E -Mail Address: DG Customer Support(a) ban kofa merica.com You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable) Mail check to client IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) DAYS of this date of this notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. Zucker, Goldberg & Ackerman, LLC XCP- 171152 IF THE MORTGAGE IS FORECLOSED UPON —The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually occurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES — The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE — If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by Paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Bank of America, NA Address: P.O. Box 650070 Dallas, TX 75265 -0070 Phone Number: Phone: 800 - 669 -0102 Fax Number: 972 - 526 -6235 Attention: General Collections E -Mail Address: DG Customer Supportgbankofamerica.com EFFECT OF SHERIFF'S SALE —You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE —You mayor X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Zucker, Goldberg & Ackerman, LLC XCP- 171152 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTION ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDER YEAR). • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Fill in a list of all Counseling Agencies listed in Appendix C FOR THE COUNTY in which the property is located, using additional pages if necessary In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. 31692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice. If you dispute the validity of this debt or any portion thereof within this thirty -day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and all information obtained will be used for that purpose. ZUCKER, GOLDBERG & ACKERMAN, LLC Bym SCOTT A. DIETTERICK, Esq. SAD Zucker, Goldberg & Ackerman, LLC XCP- 171152 HEMAP Consumer Credit Counseling Agencies For Cumberland County: Loveship, Inc. Adams County Interfaith Housing Authority 2320 North 5th Street Harrisburg, PA 17110 40 E High Street Gettysburg, PA 17325 717.232.2207 717.334.1518 Maranatha CCCS of Western PA 43 Philadelphia Avenue Waynesboro, PA 17268 2000 Linglestown Road Harrisburg, PA 17102 717.762.3285 888.511.2227 888.511.2227 PHFA Community Action Commission of Captial 211 North Front Street Harrisburg, PA 17110 Region 717.780.3940 800.342.2397 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Zucker, Goldberg & Ackerman, LLC XCP- 171152 ZUCKER., GOLDBERG & ACKERMAN M1C[ -LXEL S. . ACKERM AN LEONARD ATTORNEYS AT LAW FOUNDED IN 1, KERM JOEL ACKERMAN ' 200 SHEFFIELD STREET SUITE 301 AS ZLICKER & GOLDBERG RICHARD P. HABER" P.O. BOX 1 024 MAURICE J_ ZUCKER (1918 - 1979) FRANCES GAMBARDELLA MOUNTAINSIDE, NJ 07092 - 0024 LOUIS D. GOLDBERG (1923 -196 TANEISHA J. INGRAM LEONARD H. GOLDBERG (1929 -1979 MILICA AFATOVICH TELEPHONE: 908- 233 -8500 BENJAMIN WEISS (1949 -1981 BRIAN L. NICHOLAS'** FACSIMILE: 908- 233 -I390 'ALSO MEMBER OF NY AND CA BAR E cfticc0 cOm ' -AL.RO MEMBER OF PA BAR For ff reinstatement figu res Pa�m�dvemia OOicc ALSO MEMBER OFNY AND ME BAR please send y our . uCSt t0: zu C ke! Ol CO ! B P.O. Box 650 '"'MEMBER OF PA BAR ONLY Y I g �• � ashry, PA 17033 OF COUNSEL: REPLY TO NEWJWEYADDRESS 717 -533 -3560 Fox: 717 - 533 -3562 SCOTT A. DIETI'ERICK, ESQ.. KIMBERLY A BONNER, ESQ." RALPM M.SALVIA.ESQ.si »s CERTIFIED MAIL, RETURN RECEIPT REQUESTED and REGULAR US MAIL February 22, 2013 Donald J. McCaushn, Jr. 7329 Wertzville Road Carlisle, PA 17013 Donald J. McCauslin, Jr. 181 Pisgah State Road Sherman Dale, PA 17090 Midori McCauslin 7329 Wertzville Road Carlisle, PA 17013 Midori McCauslin 181 Pisgah State Road Sherman Dale, PA 17090 RE: NOTICE OF TERMINATION OF INSTALLMENT CONTRACT DATED 12/28/01 FOR THE SALE OF REAL ESTATE Property Address: 7329 Wertzville Road, Carlisle, PA 17013 Dear Mr. & Mrs. McCauslin: This is to advise you that our client, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF VENDEE MORTGAGE TRUST 2002 -2, is terminating the Installment Contract for the Sale of Real Estate ("Installment Contract"), dated December 28, 2001, executed by you for the purchase of the property located at 7329 Wertzville Road, Carlisle, PA 17013 ( "Property "). The basis for the termination is that you have failed to make the monthly payments due for the following months, and the following amounts are now past due under the Installment Contract: \� �il Monthly payments 6 Payments 6/1/2011 to 11 /1 /2011 @ $767.40 $4,604.40 15 Payments 12/1/2011 to 12/1/2012 @ $773.67 $11,605.05 Escrow Deficiency $376.41 Property Inspection Fees $165.00 Property Preservation $524.71 Lawn Maintenance $1,350.00 TOTAL AMOUNT PAST DUE: $18,625.57 Please make arrangements to pay the balance owed within thirty (30) days. Should you fail to pay within the time prescribed, our client may pursue an ejectment action to obtain possession of the Property or such other actions to obtain a judgment against you for the amount owed. Please do not ianore this notice. Should you or your attorney have. any questions regarding this letter, please feel free to contact me. Sincerely, ZUCKER GOLD G & ACKERMAN Kimberly A. Bonner kbonner@,zuckeraoldberg.com NOTE: The Debt Collector is attempting to collect a debt and any information obtained will be used for that purpose. These figures are subject to final verification with the client upon receipt of your check and may change for any additional expenses that have been incurred by the client. U,S, Postal Seruice . Ei.S. Pos�ai �e�r�rice� -, CFRTI�IEI� tt11A �r RE�EIR�" I= RTtFIEi� ., its] rti U MMIA , 1 < tff) nl y.�Vc�trrsurancecrvrg�Prnvitied fDom rSGc rAr1 pnfy; NO trturatlee GnvPra6 co • for drlivury Jnt �rrerntktc� vt.� i1 our kurb 3fP� of eww.usp�.Cwarr� Ln -a Far ff�liV4 lnfouf ui� ufs«t nur wapsttrs &t ?���w -• Postage C3 - I C 3 Oe r3 _ _ r Tom Postage Pass $ , , ri Z; orPOSwAAD6 rr 1 .r A . A U.S, Pos #ai Service- U.S. Pc�st�al Seruice,�a CERTIFIEIJ IillAlls RECEII�T CERTIFIE Ln D MAIL.., RECEIPT (1}am�str`C 11111 Ctrtly, tt trrcrrarrun� Covt*r7gc� Pr�rv�tle.7t rpomecCia 14f11 Onty: Nc 1rxs�rtance Coverage Arovidedj t Far dstJUtsaV ;n #tzrnka�an v, X14 our wr a Ito at w�yw.uaps.carr ■ I M M .11179up t www.usps.�ant ru $1 t ie ft � ♦- - 4 - . r .3 RO T ZZ Here PoutrnaA — Restdcled O: - RowtftW De lvery Foe Ln C 3 r q Total Postage Fees _ or poauft _ or B og ;,q!f! tEeY{er}e `7f 1',41l to E:3��.lIS — "w / SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson = .t � ,Cµ Sheriff 1rY Jody S Smith Chief Deputy 2013 SIP _6 AM 11: 11 . Richard W Stewart %' CUMBERLAND COUNTY Solicitor OFFICE OF THE SHERIFF PENNSYLVANIA Deutsche Bank Trust Company Case Number vs. Donald John McCauslin, Jr(et al.) 2013-4684 SHERIFF'S RETURN OF SERVICE 08/22/2013 07:36 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: Donald John McCauslin, Jr, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint in Ejectment as"Not Found"at 7329 Wertzville Road, Middlesex Township, Carlisle, PA 17013. Residence is vancant and per the Carlisle Postmaster the defendant is not known at the address provided. RYAN BURGETT, DEPUTY 08/22/2013 07:36 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: Midori McCauslin, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Ejectment as "Not Found" at 7329 Wertzville Road, Middlesex Township, Carlisle, PA 17013. Residence is vancant and per the Carlisle Postmaster the defendant is not known at the address provided. RYAN BURGETT, DEPUTY SHERIFF COST: $54.00 SO ANSWERS, August 30, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA he for)k Plaintiff, vs. CIVIL DIVISION Donal J. MCCAUSLIN, JR. AND MIDORI - MCCAUSLIN NO.: 13-4684-CIVIL Defendant(s). a cn c ' PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint in Ejectment filed at the above-captioned term and number reinstated. ZUCKER, GOLDBERG & ACKERMAN, LLC BY: Dated: �� ��� Scott A. ietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. 4315944 Attorneys for Plaintiff XCP-171152/gg 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@ zuckergoldberg.com *I I.75 Pb A`T-Y 6f 5r7►34 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f F Ij''t- `� i�- -0, �F}I }E Sheriff xt� Jody S Smith ' 2014 JAPE 27 Chief Deputy Richard W Stewart CUMBERLAND C0,1NTY Solicitor OFFICE OF THE��4ERI.F PENNSYLVANIA Deutsche Bank Trust Company Case Number vs. Donald John McCauslin, Jr(et al.) 2013-4684 SHERIFF'S RETURN OF SERVICE 12/20/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Donald John McCauslin, Jr, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Huntingdon, Pennsylvania to serve the within Complaint in Ejectment according to law. 12/20/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Midori McCauslin, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Complaint in Ejectment according to law. 12/31/2013 12:57 PM -The requested Complaint in Ejectment served by the Sheriff of Huntingdon County upon Donald John McCauslin, Jr, personally, at SCI Huntingdon, 100 Pike Street, Huntindon, PA 16654. William G. Walters, Sheriff, Return of Service attached to and made part of the within record. 01/06/2014 05:40 PM -The requested Complaint in Ejectment served by the Sheriff of Perry County upon Tyler Trippett, Son of defendant, who accepted for Midori McCauslin, at 181 Pisgah State Road, Shermansdale, PA 17090. Carl E. Nace, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $62.00 SO ANSWERS, January 23, 2014 RON1`4'Y R ANDERSON, SHERIFF �c)CaurtSu��ihariff,';cieosof,ire. Deutsche Bank National Trust Co IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Midori McCauslin No. 2013-4584 Cumb Co. SHERIFF'S RETURN And now January 6 , 2014 : Served the within name Midori McCauslin the defendant(s) named herin, personally at her place of residence in Carroll Twp., 181 Pisgah State Rd., Shermans Dale, Perry County, PA, on January 6 , 2014 at 5:40 o'clock PM by handing to Tyler Trippett, Defendant's Son 1 true and attested copy(ies) of the within . Complaint in Ejectment and made known to him the contents thereof Sworn and subscribed to before me this I day of J Ct ►1cc a r'�_ , 0201 So answers _ Deputy Sheriff of Perry County COMMONWEALTH OF PENNSYLVANIA - NOTARIAL SEAL MARGARET F..FLICKINGER,Notary Public Bloomfield Boro,Perry County My Commission Expires February 16,2016 S'HERIFF' S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA W� 241 Mifflin Street Huntingdon, PA 16652 DEPT• Telephone: 814-643-0880 William G.Walters, Sheriff Deutsche Bank Trust Company No. 4684 Term:2013 Vs. Donald John McCauslin,Jr. SCI-Huntingdon 1100 Pike Street Huntingdon, PA 16654 Now, this 31st day of December 2013 at 1257 HOURS I served the within Civil Action - Complaint in Ejectment upon Donald John McCauslin,Jr. at SCI-Huntingdon, 1100 Pike Street, Huntingdon, PA 16654 by handing to Donald John McCauslin,Jr., personally one true and correct copy/copies of the within Civil Action - Complaint in Ejectment and made known to Donald John McCauslin,Jr. the contents thereof So �Answers, Sworn and subscribed to before e this j William . Walters Sheriff day of tC ►'� 20 D. Deputy Larry . Cressman,Jr. Chief Deputy/Deputy Costs: otary Publi Rec. & Doc. $9.00 co o sn.vaiv A OTARIAL,SEAL, Service Tammy S.Foor,Notary Public Mileage/Postage $4.00 Huntingon Boro,Huntingdon County Surcharge --- My commission expires October 26,201A Affidavit $5.00 Miscellaneous --- Total Costs $27.00 Paid IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as - Trustee for Vendee Mortgaeg Trust 2002-2 CIVIL DIVISION - without recourse, except as provided in a Pooling and Servicing Agreement dated June 1, No.: 13-4684 2002 r , ISSUE NUMBER: Plaintiff TYPE OF PLEADING: `:r` vs. PRAECIPE FOR DEFAULT JUDGMENT Donald J. Mecauslin, Jr. and Midori Mccauslin (Ejectment) Defendant(s). FILED ON BEHALF OF: Deutsche Bank National Trust Company, as I Hereby certify that the last known address Trustee for Vendee Mortgaeg Trust 2002-2 of Defendant(s) is/are: without recourse, except as provided in a Pooling 7329 Wertzv' le Road, Carlisle, PA 17013 and Servicing Agreement dated June 1, 2002 Plaintiff Attorney " slam in COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN. LLC Scott A. Dietterick, Esquire- Pa I.D.# 55650 Kimberly A. Bonner, Esquire- Pa I.D. #89705 .loel A. Ackerman, Esquire- Pa I.D. #202729 Ashleigh L. Marin, Esquire-Pa I.D. #306799 Ralph M. Salvia, Esquire- Pa I.D. #202946 Jaime R. Ackerman, Esquire- Pa I.D. #311032. - Jana Fridfinnsdottir, Esquire- Pa I.D. #315944 Brian Nicholas, Esquire- Pa I.D. #317240 Denise Carlon, Esquire- Pa I.D. #317226 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 (908) 233-8500 Atty File No.: XCP-171152 4 4IIP. s� a1/1 7voiSce fral-/e Zucker,Goldberg& Ackerman, LLC XCP-171152 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank. National Trust Company, as : Trustee for Vendee Mortgaeg Trust 2002-2 : Docket No.: 13-4684 without recourse, except as provided in a . Pooling and Servicing Agreement dated June : Execution No.: 1, 2002 : • Plaintiff ' • vs. • Donald J. Mccauslin, Jr. and Midori Mccausl in Defendant(s). PRAECIPE FOR DEFAULT JUDGMENT (EJECTMENT) TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant(s), Donald J. Mccauslin, Jr. and Midori Mccauslin, for possession of the premises known as 7329 Wertzville Road, Carlisle, PA 17013. ZUCKER, GOLDBER : ACKER AN, LLC BY: / /a; Dated: /� Scott A. Diette 'c , Esquire; PA I.D. #55650 I Kimberly A. Bonner, Esquire- Pa I.D. #89705 Joel A. Ackerman, Esquire- Pa I.D. #202729 Ashleigh I,. Marin, Esquire-Pa I.D. #306799 Ralph M. Salvia, Esquire- Pa I.D. #202946 Jaime R. Ackerman, Esquire- Pa I.D. #311032„ Jana Fridfinnsdottir, Esquire- Pa I.D. #315944 Brian Nicholas, Esquire- Pa I.D. #317240 Denise Carlon, Esquire- Pa I.D. #317226 Attorneys for Plaintiff XCP-171152/gg 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg& Ackerman, LLC XCP-171152 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • Deutsche Bank National Trust Company, as Trustee for Vendee Mortgaeg Trust 2002-2 : Docket No.: 13-4684 without recourse. except as provided in a Pooling and Servicing Agreement dated June : Execution No.: 1, 2002 • Plaintiff • vs. Donald J. Mccauslin, Jr. and Midori Mccauslin Defendant(s). AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT STATE OF NEW JERSEY SS: COUNTY OF UNION I, the undersigned attorney for the plaintiff' in the above action, being duly sworn according to law, do hereby depose and say that the statements made herein are true in and correct to the best of my knowledge, information, and that: 1) The Defendant is not in the military service of the United States of America to the best of my knowledge, information and belief as evidenced by the attached copies: Zucker,Goldberg&Ackerman, LLC XCP-171152 2) The Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1 and that the time limits provided for that notice have expired. ZUCKER, GOLDBERG . • CKERMA),N, LLC BY: Dated: , Scott A. Diet s' , Esquire; PA I.D. #55650 7 Kimberly A. Bonner, Esquire- Pa I.D. #89705 Joel A. Ackerman. Esquire- Pa I.D. #202729 Ashleigh L. Marin, Esquire-Pa I.D. #306799 Ralph M. Salvia, Esquire- Pa I.D. #202946 Jaime R. Ackerman, Esquire- Pa I.D. #311032 Jana Fridfinnsdottir, Esquire- Pa I.D. #315944 Brian Nicholas. Esquire- Pa I.D. #317240 Denise Carlon. Esquire- Pa I.D. #317226 Attorneys for Plaintiff XCP-171152/gg 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Sworn to and subscribed before me This /1/ day of A--farc6 20 /4/ Notary Public My Commission Expires: Cheryl Debeneadto Notary PublIc My Comm.Expires Oct. 16,2016 ID #2280276 State of New Jersey Zucker,Goldberg& Ackerman. LLC XCP-171 152 Department of Defense Manpower Data Center Results as of:Mar-12-201408:09:41 AM SCRA3.0 Y aY :7:40:!;44,660,1 Status Rt.pL.4.1 .1r® ffi J wsuant to Sex vi =: rnet bir's Civil Relief Act Last Name: MCCAUSLIN First Name: MIDORI Middle Name: Active Duty Status As Of: Mar-12-2014 On Active Duty On Active Duty Status Date _ Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date _ Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No 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 c the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy, Marine Corps,Air Force, NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 08L4C602106ENA0 Department of Defense Manpower Data Center Results as of Mar-12-201408:13 10 AM SCRA 3.0 $ 7kS r F: Status Report ° Y 111qtiltli to ('r i gtr t mbcts Civil li ;f" kct Last Name: MCCAUSLIN First Name: DONALD Middle Name: JR. Active Duty Status As Of: Mar-12-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No 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. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty'responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: Y8T81602V06ER20 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST : CIVIL DIVISION COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF VENDEE : NO.: 13-4684 MORTGAGE TRUST 2002-2, • • Plaintiff, • vs. • Donald Mccauslin: Midori Mccauslin: • • Defendant(s). IMPORTANT NOTICE TO: Donald Mccauslin 100 Pike Street Huntingdon, PA 16654 DATE OF NOTICE: January 29, 2014 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within Ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff By: _ Soak4. $r4 ch Scott A. Dietterick, Esquire PA I.D. #55650 200 Sheffield Street, Suite 101 P.O. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 Via: First Class U.S. Mail, Postage Prepaid Atty File: 171152 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST : CIVIL DIVISION COMPANY. AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF VENDEE : NO.: 13-4684 MORTGAGE TRUST 2002-2, Plaintiff, • • vs. Donald Mccauslin; Midori Mccauslin: • • Defendant(s). AVISO IMPORTANTE TO: Donald Mccauslin 100 Pike Street Huntingdon, PA 16654 FECHA DEL AVISO: January 29, 2014 Usted esta en rebeldia porque ha fallado de tomar la accion requerida en este caso. A menos que usted tome accion dentro de los proximos Diez (10) dias de la fecha de este aviso, se puede dictar un fallo en contra suya sin llevarse a cabo una vista Y usted puede perder su propiedad Y otros derechos importantes. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR UNO, LLAME 0 VAYA LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIRAYUI)A LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff Scott 4.. . f Scott A. Dietterick, Esquire PA I.D. #55650 200 Sheffield Street, Suite 101 P.O. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 Via: First Class U.S. Mail, Postage Prepaid Atty File: 171152 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST : CIVIL DIVISION COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF VENDEE : NO.: 13-4684 MORTGAGE"[RUST 2002-2, • Plaintiff, • • • vs. • • Donald Mccauslin: Midori Mccauslin; • Defendant(s). IMPORTANT NOTICE TO: Midori Mccauslin 181 Pisgah State Road Shermans Dale, PA 17090 DATE OF NOTICE: January 29,2014 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within Ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle,PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717)249-3166 (717)249-3166 ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff By: Scott A..114) 4 Scott A. Dietterick, Esquire PA I.D. #55650 200 Sheffield Street, Suite 101 P.O. Box 1024 Mountainside,NJ 07092-0024 (717) 533-3560 Via: First Class U.S. Mail, Postage Prepaid Atty File: 171152 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST : CIVIL DIVISION COMPANY. AS TRUSTEE FOR THE CERTIFICATEIIOLDERS OF VENDEE : NO.: 13-4684 MORTGAGE TRUST 2002-2. Plaintiff, • • vs. • Donald Mccauslin: Midori Mccauslin: • Defendant(s). AVISO IMPORTANTE TO: Midori Mccauslin 181 Pisgah State Road Shermans Dale. PA 1 7090 FECHA DEL AVISO: January 29, 2014 Usted esta en rebeldia porque ha fallado de tomar la accion requerida en este caso. A menos que usted tome accion dentro de los proximos Diez (1 0) dias de la fecha de este aviso, se puede dictar un fallo en contra suya sin llevarse a cabo una vista Y usted puede perder su propiedad Y otros derechos importantes. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR UNO, LLAME 0 VAYA LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIRAYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff By: Scat 4. .2o e'sav ic h Scott A. Dietterick, Esquire PA I.D. #55650 200 Sheffield Street, Suite 101 P.O. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 Via: First Class U.S. Mail, Postage Prepaid Atty File: 171152 . � SHERIFF'S O������ OF CUMBERLAND ����M�T�� - ' _ OFFICE _ - __ --' -_ COUNTY Ronny R Anderson Shonu Jody Smith Chief'Deyixy Richard VV3temart Sul/ride; ` Sul/ride; _ _ _ _ - _ _ _ __ _____ De�n�koBankTiu� Cowpany Case Number «« 2018~4684 DonnidJohn Mt[ausUn` �r(a�a() ���� , . „.„ SHERIFF'S RETURN OF SERVICE 12/2D/20 i3 SI /'oicle,:;o1), being duly sworn according to law, states he made diligent search and inquiry for'rho within namedDefendant to vat. Donald Join MuCausOri Jr but was unable to locate the Ds/endon|lei the Sheriff's bailiwick The Sheriff thc mdore deputizes the Shenff of Huntingdon. Pennsylvania |n serve the wIthn Complaint in Ejeotment according to law. 12C0O813 Sheriff Ro"nyRAnderson, aenq dri>t onn inonodinig to law, states he made diligent search and inqusy foi Uebndam m*Ji Mo,i kilcCau»|in. but was unable to locate the Defendant in the 'al critic lciliw 'a lIre Sheriff ft err-fain nieputc'cc the Stiririff of Perry, Pennsylvania to serve the within complaint in Ejectment according tnlaw 12/3•1/2013 12:57 PM -The requested Complaint in Ejectment served by the Sheriff of Huntingdon County upon Donald John h8cCaunUn. Jr, personally, at SCI Huntingdon, 100 Pike Street, Huntindon, PA 16654, Wi||ian` G Walters, Sheriff, Return of Service attached to and made part of the within record. 01105/2014 05,40 PM ThepequaotedComp|ain!mBedmentnewedbythe8hehffofPenyCnuntyuponTyler Thppatt. 5onofddcndani. whoaccaptedhxMidohMcCauo|in. nd181PingahGtateRoad. Shennansde|e. PA17090. Carl E. Nace, Sheriff, Return of Service attached to and made part of the wi�Wnrecord PUEWF C0sT. 762 00 SO ANSWERS, ------ January 23, 2014 RONNY 13 ANDERSON, SHERIFF \ L�~ . • . ... C E .L:.II,) NAI Mr / a OFFICE 1 I N I N( O N COUNTY,Y PENNSYI VAN 1 A. , y,0 k,,',,,:,::6;,-,..4,,,,,y',4, ,w, v,., ,.- ..*,.-4-4- , ,., A., ,TA,-;,77,-if.,,,,,of,,v, ...1,..*,v, 241 Mifflin Street ki.'„,7,7',::,,,, --1' '.:,,A0, Huntingdon, PA 16652 t, il::, 1.:.,A''' ''2:gEthilVr).' W:00A L.,:,;;',....,''''''•'i.„,...,.p,)ii,:pli.,..., .'--,4 Telephone: 814-643-0880 William C.Walters,Sheriff Deutsche Ball L Trust Con ipany ..„. . ,„ . „..„ „. Nrc„ 4684 l'ettn:201.3 . . Vs, t.lonaki johnNicCanstin,Jr. SCI-11rinthwejihn 1100 l'ike Si Feet Illmtingdor), PA 1,6654 this 31st dav of December 2013 _ , at 1257 I-IOURS I. served the within Civil Ad 1011 - Contplaint in Ejectment upon Donald John rklcCauslin at Jr. _....„,..„.„..„„._____„.....„_„„____.,........,...„,........ SCI-Itutitingtion, 1100 Pike Street, TIontingdon, PA 16654 hyl-i,,,hcline•f: to Donald ohn l\loCauslinjr., personally ccirrect cr,rn.,,,ic,Dnic;,, ot the. ,,vif.hin Civil A.ction - Complaint in Ejectment .., ...,..._ , ,., and made known to Donald fohn IVIcCauslin, Ir. the contents ihereof. So Answers, (.,-- - - to an: anbscritied to Willi:mt (.?-,...W2Iters Siletifi . .., 1,.(..leo-c- Irr u,.., ,,,:Lk. 1- t" LAI'. ( ' ... Deputy' 1,;:irry A, Crt....'is'srnan,Jr. ,,,,,....1.), „.....„,,....,..., -__.„..„.......„....,,............,_ tilief f)eputy/Deputy ,,,') Costs: Prial .tv,v,iic,.rvi.,11\10.-„tv,,, lHhlic...' Rec.. & Doc, $9.00 Set-vice ,„..,_.......„— ,,pF,r,ii.,; Mileage/Postag,e $4.00 .....„., 1 fity , Surcharge f.; .........*,,,,..m,... . Affidavit $5.00 Miscellaneous -- `Total Costs $27.00 Paid IN THE COURT OF COMMON PLEAS OF DoWisc,ho Bank khrion:yil'Trust Cr.-i THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Miciori Mr-Xush No, 2013-4584 Cumb Co. SHERIFF'S RETURN And now January 6 , 2014 : Served the within name Midori tVloCauslin the defendant(s) named herin, personally at her place of residence in Carroll Two., 181 Pisgah State Rd., Shermans Dale, Perry County, PA, on January 6 2014 at 5:40 o'clock PM by handing to Tyler Trippett, Defendant's on 1 true and attested copy( as) of the within Complaint in Ejectment and made known to him the contents thereof Sworn and subscribed to before me this So answers day of ,r ,t , / L • • . . „ . „. Prothonotary Deputy Sheriff of Perry County cOf Ir.I; m IF PE-NMYI 147/FAN AL SEAL AARGARET F.FLICKiNGER,Notary PtIbk:. pdoomilaft1 Fro,Perry County r, m11ion 5 oirfr,rot.')runly 16 201 , \ --, 1„ 6 ' VA Foim 26-f t36o Section 1820,Title 38 U.S.C. PENNSYLVANIA THIS INDENTURE made this 27th day of June, A.D. 2002, between the Secretary of Veterans Affairs, an Officer of the United States of America, whose address is Department of Veterans Affairs, Washington, D.C. 20420, hereinafter called the Grantor and Deutsche Bank National Trust Company, As Trustee For Vendee Mortgage Trust 2002-2, Without Recourse, Except As Provided In A Pooling And Servicing Agreement Dated June 1, 2002, a trust which is established under the laws of the STATE OF CALIFORNIA, having its principal place of business at c/o Countrywide Home Loans,1800 Tapo Canyon Rd.,MSN SV-103,Simi Valley,CA 93063 herein called Grantee: WITNESSETH that the said Grantor(s)for and in consideration of the Ninety seven thousand six hundred and seven dollars and 51/100----($97607.51)DOLLAR(S). the receipt whereof was acknowledge,hereby grants,bargains,sells,aliens,enfeoffs,releases,air d conforms unto the said Grantee and Grantee's heirs or successors and assigns, ^' 'I rn J7 - (J1 „mow 1"1 BEG,_,,IN,-Nj -LEGAL DESCRIPTION(SEE ATTACHED DOCUMENT) c� TAX IDs 21-11-3029-015 a '' r,-s" rn r . B 7329 WERTZVJLLE RD,CARLISLE,PA 17013 r co f IF, TOGETHER with all and singular the improvements,ways,streets,alleys,passages,waters,watercourses,rights, liberties,privileges,hereditaments,and appurtenances whatsoever thereunto belonging,or in any wise appertaining,and the reversion and remainders,rents,issues,and profits thereof,and all the estate,right,title, interest,property,claims,and demand whatsoever of the said Grantor,in law,equity,or otherwise howsoever,of, in,and to the same and every part thereof. TO HAVE AND TO HOLD the said lot or piece of ground above described with the hereditaments and appurtenances,unto the said Grantee and Grantee's heirs or successors and assigns,forever. Grantor covenants to warrant and defend all that herein above described against all persons lawfully claiming or to claim the same or any part thereof by,or under Grantor, IN WITNESS WHEREOF, Grantor on the day and year first above written has caused this instrument to he signed and sealed on Grantor's behalf by the undersigned,being thereunto duly appointed,qualified and acting pursuant to Title 38,United States Code,Sections 212 and 1820,and Title 38,Code of Federal Regulations, Section 36.4342 and 36.4520,pursuant thereto,as amended,and who is authorized to execute this instrument. box 254 i rr4261, • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • Deutsche Bank National Trust Company, as Trustee for Vendee Mortgaeg Trust 2002-2 : Docket No.: 13-4684 without recourse, except as provided in a Pooling and Servicing Agreement dated June : Execution No.: 1, 2002 • • Plaintiff • • vs. • Donald .1. Mccauslin, Jr. and Midori Mccauslin Defendant(s). NOTICE OF ORDER, DECREE OR JUDGMENT TO: Donald Mccauslin 181 Pisgah State Road Shermansdale, PA 17090 [ ] Plaintiff' [Ai] Defendant [ ] Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on V■IO,Vat D.4 t 301 [ ] A copy of the Order or Decree is enclosed, or ['] The judgment is as follows: for possession of the premises known as 7329 Wertzville Road, Carlisle, PA 17013. Prothonotary Zucker, Goldberg& Ackerman, LLC XCP-171152 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • Deutsche Bank National Trust Company. as Trustee for Vendee Mortgaeg Trust 2002-2 : Docket No.: 13-4684 without recourse, except as provided in a Pooling and Servicing Agreement dated June : Execution No.: 1, 2002 • Plaintiff • • vs. Donald J. Mccauslin, Jr. and Midori Mccauslin Delendant(s). NOTICE OF ORDER, DECREE OR JUDGMENT TO: Midori Mccauslin 7329 Wertzville Road Carlisle, PA 17013 [ ] Plaintiff [N] Defendant [ 1 Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on —_ MOV Li 31)l L [ ] A copy of the Order or Decree is enclosed, or ['] The judgment is as follows: for possession of the premises known as 7329 Wertzville Road, Carlisle, PA 17013. Proth15-` ary (}Oltfi7{:r ct A a r(71fi31_ IA ` CP i' i 152 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST • COMPANY. AS TRUSTEE FOR THE : Docket No.: 13-4684 t777, CERTII'ICATEHOLDERS OF VENDEE MORTGAGE TRUST 2002-2 : Execution No.: Plaintiff. : vs. • c Donald J. Mccauslin, Jr. and Midori Mccauslin • Defendant(s). PRAECIPE FOR WRIT OF POSSESSION To the Prothonotary of Cumberland County: Please issue a Writ of Possession in the above-referenced matter for Plaintiffs possession of the real property known and numbered as 7329 Wertzville Road, Carlisle, PA 17013 and more particularly described on Exhibit"A" attached hereto. ZUCKER, GOLD' ' ' _ & ACKER AN, LLC BY: ! _ Dated: "3 f j J j Scott A. Li_etterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 i 4 p 5 a Jaime R. Ackerman, Esquire; PA I.D. #311032- �, b Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 �� Denise Carlon, Esquire; PA I.D. #317226 1 • Attorneys for Plaintiff b It XCP-171152/gg 1 -) 5 (t a 200 Sheffield Street, Suite 101 It Mountainside, NJ 07092 16 . S b it (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com zuckergoldberg.com a CL-ii J SQ Zucker,Goldberg&Ackerman, LLC g frk SC) 1 l XCP-171152 W 6s-' • VA 1 oim 264436o Section 1820,TWe 38 U,S.C. PENNSYLVANIA THIS INDENTURE made this 27th day of June, A.D. 2002, between the Secretary of Veterans Affairs, an Officer of the United States of America, whose address is Department of Veterans Affairs, Washington, D.C. 20420, hereinafter called the Grantor and Deutsche Bank National Trust Company, As Trustee For Vendee Mortgage Trust 2002-2, Without Recourse, Except As Provided In A Pooling And Servicing Agreement Dated June 1, 2002, a trust which is established under the laws of the STATE OF CALIFORNIA, having its principal place of business at do Countrywide Home Loans,1800 Tapo Canyon Rd,,MSN SV-103,Simi Valley,CA 93063 herein called Grantee: 'WITNF;SSETH that the said Grantor(s)for and in consideration of the Ninety seven thousand six hundred and seven dollars and 51/100—(597607.51)DOLLAR(S). the receipt whereof was acknowledge,hereby grants,bargains,sells,aliens,enfeoffs,releases,aid confirms unto the said Grantee and Grantee's heirs or successors and assigns, . 7' v ..{ BEgI']VNU''G-LEGAL DESCRIPTION(SEE ATTACHED DOCUMENT) -o Q 0 ,.► TAX IDs 21-11.3029-015 0 rn ry BEING 7329 WERTZVILLE RD,CARLISLE,PA 17013 �.. -< `• CO TOGETHER with all and singular the improvements,ways,streets,alleys,passages,waters,watercourses,rights, liberties,privileges,hereditaments,and appurtenances whatsoever thereunto belonging,or in any wise appertaining,and the reversion and remainders,rents,issues,and profits thereof,and all the estate,right,title, interest,property,claims,and demand whatsoever of the said Grantor,in law,equity,or otherwise howsoever,of, in,and to the same and every part thereof. TO HAVE AND TO HOLD the said lot or piece of ground above described with the hereditaments and appurtenances,unto the said Grantee and Grantee's heirs or successors and assigns,forever. Grantor covenants to warrant and defend all that herein above described against an persons lawfully claiming or to claim the same or any part thereof by,or under Grantor. Di WITNESS WHEREOF,Grantor on the day and year first above written has caused this instrument to be signed and sealed on Grantor's behalf by the undersigned,being thereunto duly appointed,qualified and acting pursuant to Title 38,United States Code,Sections 212 and 1820,and Title 38,Code of Federal Regulations, Section 36.4342 and 36.4520,pursuant thereto,as amended,and who is authorized to execute this instrument. WOK 254 Phrr426 N, lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF VENDEE MORTGAGE TRUST 2002-2 VS. No. 13-4684 Civil Term DONALD J. MCCAUSLIN, JR.,AND MIDORI MCCAUSLIN 7329 WERTZVILLE ROAD CARLISLE, PA 17013 Costs Attorney's $ 276.50 Plaintiff's $ Prothonotary $2.25 COMMONWEALTH OF PENNSYLVANIA: • COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1)To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff(s)) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF VENDEE MORTGAGE TRUST 2002-2 being: (Premises as follows): ***PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** (2)To satisfy the costs against the defendant(s)you are directed to levy upon any property of the defendant(s) and sell his/her(or their)interest therein. / / David D. Buell,Prothonotary, Common Pleas Court of Cumberland County, PA Date 3/24/14 (Seal) 2 of 2 No 13-4684 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF VENDEE MORTGAGE TRUST 2002-2 VS. DONALD J. MCCAUSLIN,JR.,AND MIDORI MCCAUSLIN WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 276.50 P1ff(s) $ Prothy $ 2.25 Sheriff $ Plaintiff(s) attorney name and address: JAIME R. ACKERMAN,ESQUIRE - ID# 311032 ZUCKER, GOLDBERG&ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 101 MOUNTAINSIDE,NJ 07092 908-233-8500 Attorney for Plaintiff(s) Where papers may be served By virtue of this writ,on the day of . I caused the within named ,to have possession of the premises described with the appurtenances,and So Answers, Sworn and subscribed to before me this Day of Sheriff By Prothonotary Deputy Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUi J E _OFF ICE .1 THE PROTHONOTARY 'Y �1 nt lil'lW1lCP'I... 20R4 APR 24 PM 3: 1'3 OFF tCEOF THE S ERIFF CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank Trust Company vs. Donald John McCauslin, Jr (et al.) Case Number 2013 -4684 SHERIFF'S RETURN OF SERVICE 03/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Donald John McCauslin, Jr, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Huntingdon County to serve the within Writ of Possession, in the above titled action, according to law. 03/28/2014 Ronny R Ahderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Midori McCauslin, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Perry County to serve the within Writ of Possession, in the above titled action, according to law. 04/04/2014 10:12 AM - The requested Writ of Possession, in the above titled action, served by the Sheriff of Perry County upon Brittany Trippett, defendant's daughter, who accepted for Midori McCauslin, at 181 Pisgah State Road, Shermansdale, PA 17090. So Answers: Carl E. Nace, Sheriff. 04/09/2014 09:11 AM - The requested Writ of Possession, in the above titled action, served by the Sheriff of Huntingdon County upon Donald John McCauslin, Jr, personally, at SCI Huntingdon, 100 Pike Street, Huntindon, PA 16654. So Answers: William G. Walters, Sheriff. April 24, 2014 tc) CountySuito Sheriff, Teleosoft Inc, SO ANSWERS, RN..Y R ANDERSON, SHERIFF SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA Deutsche Bank Trust Company Vs. Donald J. McCauslin, Jr. SCI - Huntingdon 1100 Pike Street Huntingdon, PA 16654 Now, this 9th day of April , 2014 Writ of Possession No. 4684 , at 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814- 643 -0880 William G. Walters, Sheriff Term: 2013 0911 HOURS I served the within Donald J. McCauslin, Jr. SCI - Huntingdon, 1100 Pike Street, Huntingdon, PA 16654 by handing to Donald J. McCauslin, Jr., personally one upon at true and correct copy /copies of the within Writ of Possession the contents thereof. Sworn and subscribed to before me J day of 20 i • • , Notary Public " (Notary OF PENNSYLVANIA COMMO NOTARIAL SEAL Tanury S. Foor, Notary Public Huntingon Boro, Huntingdon County My commission expires October 26, 2014 and made known to Donald J. McCauslin So Answers, William G. lters, She iff Deputy Daniel B. Chief Deputy /Deputy Costs: Rec. & Doc. $9.00 Service $9.00 Mileage /Postage $4.00 Surcharge Affidavit $5.00 Miscellaneous Total Costs $27.00 Paid Deutsche Bank Trust Company Versus Midori McCauslin IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH No. 2013 -4684 Cumberland Co. SHERIFF'S RETURN And now April 1 , 2014: Served the within name Midori McCauslin the defendant(s) named herin, personally at his place of residence in Carroll Twp., 181 Pisgah State Rd., Shermans Dale Perry County, PA, on April 1 , 2014 at 10:12 o'clock AM by handing to Brittney Trippett, Defendant's Daughter copy(ies) of the within Writ of Possession and made known to her the contents thereof Sworn and subscribed to before me this /of day of pr -, , of 1 true and attested So answers COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARGARET F. FLICKINGER, Notary Public Bloomfield Boro, Perry County My Commission Expires February 16, 2016 Deputy Sheriff of Perry County Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY O I O N 0 l .P>, 0.1'. OFFIC:E a a+Y 20111HAY 12 AM 3:t8 CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank Trust Company vs. Donald John McCauslin, Jr (et al.) Case Number 2013-4684 SHERIFF'S RETURN OF SERVICE 03/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Donald John McCauslin, Jr, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Huntingdon County to serve the within Writ of Possession, in the above titled action, according to law. 03/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Midori McCauslin, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Perry County to serve the within Writ of Possession, in the above titled action, according to law. 04/04/2014 10:12 AM - The requested Writ of Possession, in the above titled action, served by the Sheriff of Perry County upon Brittany Trippett, defendant's daughter, who accepted for Midori McCauslin, at 181 Pisgah State Road, Shermansdale, PA 17090. So Answers: Carl E. Nace, Sheriff. 04/09/2014 09:11 AM - The requested Writ of Possession, in the above titled action, served by the Sheriff of Huntingdon County upon Donald John McCauslin, Jr, personally, at SCI Huntingdon, 100 Pike Street, Huntindon, PA 16654. So Answers: William G. Walters, Sheriff. 05/07/2014 By virtue of this writ, Sheriff Ronny R. Anderson caused the within named Plaintiff to have possession of the premises described as 7329 Wertzville Road, Carlisle, PA 17013. SHERIFF COST: $97.93 SO ANSWERS, May 12, 2014 (c) CountySui to Sheriff, Teleosoft. Inc. R ANDERSON, SHERIFF , 3 6C73/