HomeMy WebLinkAbout06-1913
GOLDBECK McCAFFERTY & McKEEVER
By: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D. #16132
SUITE 5000 MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(215) 627-1322
ATTORNEY FOR PLAINTIFF
DEUTSCHE BANK FIKA BANKERS TRUST
COMPANY OF CALIFORNIA
7105 Corporate Drive
PTX B 35
PIano, TX 75024
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
Plaintiff
CIVIL ACTION - LAW
vs.
ACTION OF EJECTMENT
JOY M. SHIELDS
and OCCUPANT(S)
308 E. Main Street
Mechanicsburg, PAl 7055
Tenn
No. a /9/3
CIVIL ACTION: EJECTMENT
euJ
Defendant( s)
NOTICE
Y QU 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) day>> after
the Complaint and notice are served, by entering a written appearance personally Of 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 claim in ilie Complaint of for any other claim or relief reques.ted by the Plaintiff You may lose money or property or other
rights imponant 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.
CUMBERLAND COUNTY BAR ASSOCtA nON
2 Liberty Avenue, Carlisle, PA 17013
800-990-9]08
LEGAL SERVICES INC
8 Irvine Row, Carlisle, PA 17013
717-243-9400
A VISO
LE HAN DEMANDADO A USTED EN LA CORTE SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTAOAS, ES
ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO
PARA DEFENDERSE ES NECESSARIOQUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRlTA, EL PUNTO DE VISTA DE
USTED Y CUALQUJER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA
RECUERDE: Sl USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION
ENTONCES, LA COUTE PUEDE, SIN NOTlFlCARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERJRA QUE USTED CUMPLA CON TODAS LAS
PROVISIONES DE ESTA DEMANDA PQR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD lJ OTROS
DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENC]A DE ABOGADOS), (215)
238-6300
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, PA 17013
800-990.9103
LEGAL SERVICES INC
3 Irvine Row, Car]isle, PA 170]3
717-243-9400
CIVIL ACTION - EJECTMENT
1. On, December 5, 2002, DEUTSCHE BANK FIKA BANKERS TRUST COMPANY
OF CALIFORNIA entered into an Installment Contract with Defendant(s) JOY M. SHIELDS for
the purchase of the premises known as (A true and correct copy of said Installment Contract is
attached as Exhibit A).
2. Plaintiff, DEUTSCHE BANK F/KA BANKERS TRUST COMPANY OF
CALIFORNIA, is the owner of premises known as 308 E. Main Street, Mechanicsburg, PA 17055,
having acquired said premises by deed from Secretary of Veterans Affairs dated June 27, 2002,
and as such acquired the rights under the Installment Sales Contract referred to in Paragraph 1.
3. Under the terms of the Installment Contract, at the successful completion of said
installment plan, and full payment by Defendant( s), title to the premises is to be transferred by
Plaintiff to Defendant(s).
4. Defendant(s) have failed to make the required installment payments since November
1, 2005, and are presently 5 months in default of said payments.
5. Plaintiff, by virtue of the annexed title, is the owner in fee of the said premises, and is
entitled to possession thereof. The Defendant(s), JOY M. SHIELDS and OCCUPANT(S), have
failed to make agreed payments under the Installment Contract for Sale of Real Estate, are
occupying the said premises without right, and so far as the Plaintiff is informed, without claim
of title.
6. Plaintiff has repeatedly demanded possession of the premises from the said
Defendant(s), who have refused to deliver up possession of the same.
7. On, January 31, 2006, Plaintiff sent to Defendant(s) Notice of Intention to Terminate
Installment Plan and Notice of Homeowners' Emergency Assistance as required by Act 160 of
1998. To date, Defendant(s) have not made payments as outlined in that Notice (Exhibit B).
WHEREFORE, Plaintiff demands Judgment for Possession of premises known as 308 E.
Main Street, Mechanicsburg, PA 17055.
'~~ck
A A. OLDBE , ., ESQUIRE
VERIFICATION
I, ' as the representative of the Plaintiff corporation within named
do hereby verifY that I am authorized to and do make this verification on behalf of the Plaintiff
corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my
knowledge, information and belief. I understand that false statements therein are made subject to the
penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities.
Date: 3 -~o -0"
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b.... .lNDEl'ttURIl mIde tbi. :z7tb day of JuDe, AD. 2002, betWCllD \be'Socn1aI1 of Velenm:I A1tiDs, In
0ftIctir of 1he U~ States of Am.erica, whole Ild4leIs ia DepatlDlCIIt or v__ A&In, W8IlIlDgfIm, D.c.
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Juno 1. 2002, . ~ wbleb l.s .-bliol."" IIlIlIer !be laws of tbe SlATE 01' CAIJIlOBNlA, bavlq its ~
pi.- ofbu.blea lit c/o Coualrywlde Home x.o.. 1800 Tapo Cau,yoa Rd.. M8N SV -103. SJmi VaLII>y. Co\. 93063
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'3.jQJNNINc. LEGAL DESA'''1'I0N (SD ATrACBBD DOCUMENT)
'.'. - TAXml17.D.e565-1J8
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~~G 308 BMAlN ST,MBCHANICSBUR.O. PA 17055
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.: IN WITNESS WRi"~'. 0Dml0r OD 1be day lIIId year lidt above wIitten Il8B caused tbiB iDstrumen~ to be
;'"slpd IDllIlOllcd on 0IlIaIm"$ beb8lfb11l1D 1IIldeI\IIgucJ. belDi 1bawldo duly lIppDin1lNI. CJIIIlified IIIl4 aatiIIg
" plJINIIlt tD Tide 38. UDiICd BIIlieI Code, SecIioJIS 212 aD4 1S20.lUlII ntle 38, Code of FcderBl RquJadoDS.
Section 36.4342 Ad 36.4520, JllIISIIIIIt lbmeIo, ..lII1ICIllIed, lUlIIlOtu> is "1ll1"";~ to execute this inBtrUmeat.
toOt! 2M PAr.'42?8
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.F"\ V 'FORM 1.6-63360 (<g)
~W'<~_ 'se,rSEPf 1998
10-10-6-0513485
10-10-7-0017855
",,' ~ / tJ r / tJ r 7 - () <3 / 7 t' ..r s
INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE - PENNSYL VANIA
TillS LOAN MAY NOT BE ASSUMED WITHOUT THE PRIOR
APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS
OR ITS AUTHORIZED AGENT, SUCCESSORS OR ASSIGNS.
1. THISAGREBMENT,madetbe 30th dayaf August .2001 .byandbetweentheSecretaryofVeteransAffairs,
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 hislher successors in S\lch office, as such. and
JOY M. SHIELDS
(party of the second pm)
hereinafter called "Buyer".
2. WITNESSETH. That it is mutually agreed as follows:
The SeUer hereby agrees to sell to the Buyer, and the Buyer hereby agrees to purchase from the Seller, all that real
property situated in The Borough of Mechanicsburg county of
Cumberland and Commonwealth of Pennsylvania, herein referred to as lithe property"
and more fully described as follows:
TAX PARCEL ~7-23-0565-238
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~~~~n~:;~u;::e;~ 17055 ' ~111\'lij\~\i1~m~~lN~11111~\\\\I\~\\\\\II\I\\\I~\m\~\1~\~t\
610 000059521 \ C 001 001
3, This Agreement is made subject to:
(1) Existing teases and to rights.. if any, Dfpenons in possession,if any.
(2) The general tllJlie6 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, wbich affect the property.
(13) Coal Notice under the Bituminous Mine Subsidence and Land Conservation Act or 1966 attached.
The Buyer shall indemnify and save bannless tbe 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.
4. Buyer shall pay to Seller for the property the sum of
($ 91000.00 ) in lawful money of the United States of America at the (Regional Office) (Center), Department of
Veterans. Affairs, an. agency of lhe United States,()! at such other place wi1hin the United States as the Seller or the Sener's
Agent, may from time to time designate in writing, at the times, in the amounts, and in the manner following:
($ 1000.00 ) in cash prior to or upon the ex.erotion and delivery of this Agreement; and the balance of
($ 90000.00 ) herein referred to as ftprincipal sumft or as ftprincipal" witb interest thereon at the rate of
SEVEN percent( 7.00 )%per:mnum, from.tbedateof August 30,2001,
which said principal and intere$t on the unpaid portion t.bereof sball be payable in equal monthly installments as follows:
($ 598.77 ) on the fust day of October ,2001, and a like sum on the first day of each and every
month thereafter for 359 consecutive, additiooal months, until said principal and interest shaU have been fully paid.
Unless sooner paid, the nnpaid balance of principal plus the accrued and unpaid interest sllall be due and payable on the First day
of September ,2031.
Of the total purchase price paid for the said described property, the amount of $ 1 J 000.00 is a rehabilitation loan
granted pursuant to Public Law 100-198, to be disbursed under a separate Escrow Agreement which rebabilitation loan bears the
san:te rate of interest as the balance of the llDlOunt remaining and to be paid for the Except BS hereinafter otherwise provided, each
payment made hereunder shall be credited fIrSt on the interest then due as nerein provided and the remainder shall be credited
upon unpaid principal. Additional payments of principal in lU1y 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 olller cbarges payable in years subsequent to the year
2001 or levied after the date of execution of this Agreement, or for improvements whicb 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
seven bereof. Water/sewer and special assessments to be paiddirect1y by buyer. - '"
Et.\-\\g\I''A1(
6. Buyer shall obtain and continuously maintain hazard insurance of such type C.f types 'alld amounts as the Sener may fr!;lm time
to time notify Buyer to obtain on the improvements now or hereafter made on said premises and will pay any premiwns therefor
promptly when due. All insurance shall be carried in companies approved by Seller and policies and renewal 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, 8uyer 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 l?romptly by Buyer. All insurance carriers are hereby authorized and directed to make
payments for such loss directly to Seller lDstead of to Buyer and Seller jointly. The proceeds from tbe payment of sucb loss or
any part thereof may be applied by Seller either to reduction of the indebtedness or to the restoration and repair of tbe property
damage.
7. Together with and in addition to the monthly payments of principal and interest payable under the tenns hereof, Buyer will
pay tile Seller on the first day of each month until the terms of this contract have been fully complied with, the foUowing sums:
(a) Such amount or amounts as may be necessary to equal allot 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 Sener, and of which Buyer is notified) less all sums already paid therefor divided by the number of
months (0 elapse before one month prior to the date when such premiuma. t~es will become delinquent, ~h SUIm to be
held by Seller in Trust (irrevocable until all of Buyer's obligations under this Agreement are discharged) to pay said
premiums, taxes.
(b) The installment for principal and. interest stated in paragraph 4 which sum plus the amounts payable pursuant to
subparagraph (8) of this paragraph sban 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;
II. Interest on the unpaid portion of the principal; and
m. Unpaid principal.
(c) Any deficiency in.any such payment sball, unless made good prior to the due date of the next payment, constitute an
event of default hereunder. The Seller roay collect a Mlate 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 rhe 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
aDlount necessary to make up the deficiency.
(e) All payments of said items made by Seller mllY be in such amounts as are shown by records, or by bills obtained by
Seller, or on the basis of any other informatiOtl received by Seller, or be due, payable. past due, or delinquent on
account thereof. If requested by Seller, Buyoer shall promptly obtain, approve and deliver to Seller all bills for said
items.
8. 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 tM:e8 and any premiums for hazard insurance which it may he necessary to pay
prior to the accuntu1ation 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 Vete1:a.tlS Affairs designated in paragraph 4, to the order of the Department Df
Veterans Affairs, unless the Buyer shall be notified in writing to make such payments to another payee or pJace.and only such
payments as shall be receipted for by the 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 made at the risk of the Buyer.
10. All moneys paid to Seller hereunder shall be deposited with the Treasuter of the United States who is hereby authorized to
commingle the same with the general funds 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.
1 J. 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 property for
any illegal or innnoral purpose, and ag~ 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 fot 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 expendoo and "not to suffer any
mechanies' or materialmen's liens to attach to said property. All such repairs and alterations made by the Buyer shall inure to the
benefrt of the property and the Seller in the event of a default in the terms of this Agxeement 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 conslitute an act of default.
13. No part of tile 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 lhIyer, to perform or cause to be perfotmed, eny or all of 50aid c.ovenant50, agreements and obligations, and to expend such
sums of money as may be reasonable therefor, or for any other purpose which in the opinion of Seller is reasonably necessary for
the protection of Seller, Seller's lien, investmenl or property. All such sums of money so expended by Seller, together wjth
interest thereon, at the rate aforesaid, from the several dates of expenditure thereof until paid, shall hecome so much additional
indebtedness under this Agreement and shall be repaid by Buyer to Seller, in lawful money of the United States of America,
immediately and without delIllUld, at the same place or places as other swns are payable hereunder, unless Sener shall agree that
such sums be otherwise repaid. in which event such repayment shall be made by Buyer to Seller at such time.s and in such manner
<fs"eU~r shan 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 tb.i& Agreement may, at the election of Seller. be applied fust to the
re~eni or any sums Seller shall have expended in accordance with the tenns hereof.
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15. Buyer llcreby assigns, transfers. and sets over to Setler, up to the amount of the rota! indebtedness of Buyer to SeUer
9.ereunder. all of Buyer's right, title, and interest in or to all awards and claims in cOImection with condemnation of any of the
property for public use, or fOf injuI}' to any portion thereof. and the proceeds of all such awards of claims, after payment
therefrom of all reasonable expenses mcutred, including fees for attorneys representing Sener in any such proceeding, shall be
paid to Seller arid Buyer's obligation hereunder shall thereby be reduced an equal amount except to the extent Seller elects to use
the tbnds to improve the property in accordance with paragraph 16. Seller is -hereby authorized in the name of Buyer to execute
and deliver valid acquittances thereof and to appeal from or otherwise appropriately litigate any or all of such awards or claims.
Seller shall be under no obligation hereunder to sell or convey all or any part of the property, or right or interest therein which is
condemned.
16. All moneys received by Seller under any policy or policies of insurance of any condemnation award or other award after
payn1enl therefrom of all reasonable oxpense8 incurred in connection tberewith, including fees for attorneys representing Seller,
may at the option of Seller be used for the purpose of repairing, restoring, or improving the damaged structure upon the
property, ~r 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 repx;.esentation ~hatl'oCe:v~r by the Seller, except aa 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 Seller barmless from all loss arising from or by
reason of these events or incidents.
18. Time is of the essence of this Agreement and ifdetilldt be made and continue fora period oflhirty (30) da.ys in the payment
of any of the installments of principal, interest, or any other items hereinbefore stipulated, when the sarne become severally due
hereunder. or in the payment of any other sum hetem agreed. to be paid by, Buyer, or if default be maoo in the performance by
Buyer of any other agreement, covenant, or obligation of Buyer hereunder, then in either, or any of said events, the whole
unpaid balance due under the tenns of this Agreement shall, at the option of Seller, inunediately become due and payable and
Seller may, at h\sJher option, (a) terminate by simple deClaration of an election so to do with or without notice, all of Buyer's
rights under this Agreement and all of Buyer's right, title, and interest in the property; or (b) terminate all of Buyer's rights
under this Agreement and all of Buyer's right, litle, and interest in the property in any appropriate proceeding, legal or
equitable; or (c) enforce Buyer's obligations hereunder in any appropriate proceeding, legal or equitable. Buyer agrees to pay all
costs and expenses, including a reasonable sum for attorney's fees incurred by Seller in tenninating 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 judieial
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 tennination as provided herein, all rights, estate and interest hereby created and then
existing in Buyer and in any and all pers01l8 claiming under Buyer, shall wholly cease and determine. Buyer shall thereupon quit
and surrender to Seller without dem~d, 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 80 to do it
sball be lawful for Seller to enter upon and take possession of such premises without notice and remove all perrons and their
property. . - . .. . .
20. The Provisi<)Os of paragraph 19 and 20 of this Agreement shall also apply, at the option of Seller, to (1) 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 intereat, to
execute and deliver a special Warranty Deed on VA Fonn 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 SeIler may elect. Said Deed will be on Sener's
form and conveyance !ball 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 01' of any right theIein. In the
event any part of said principal SUIll shall not have been paid at the time of the execution and delivery of the deed to said
property. Buyer shall simultaneously execute and deliver to Seller a Mortgage Note in the just or principal sum remaining
unpaid, together with interest thereon at the rate provided in paragraph 4 hereof, payable in installments of the same amounts as
stated in said paragraph, and a purchase money mortgage of said premises to secure the same, which mortgage 8hall be a first
lien on the property; the Mortgage Note and Mortgage shaH 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 inlerest, modified and amended as to such
tenns, 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. Buye! shall pay for all lcco:rding, 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 Ibis Agreement, and for all revenue,
documentary, or other stamps required to be affixed'to any such imtnlment and shall also 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 contrac.t. Se\ler 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 shaU 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 slJall be sent to such address. Notices to Seller shall be addressed to the
Loan Guaranty Officer, Department of Veterans Mfairs 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 elsewbere to
appear for them and each of them in any and all actions to be brought fur 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 shall have been due or not, together with an attorney's commission or fee of five (5%)
percent, with or withollt prior declaration made, waiving stay of execution, inquisition, and all exemption laws.
27. And the said Buyer hereby. upon the breach afany of the conditions of this Agreement, authorizes any attorney of any court
of .Record to appear for them em and enter an amicable action of ejecbnent and confess a judgment of ejectment
therein for the premises h do authorize the immediate issuing and execution of a writ of habere facias
possessionem with clause :M' . and five (5%) percent attorney's commission or fee, without asking leave of
court. -1 i:f!J
~ "f2$
28. All moneys paid yer;tQ'~
and occupancy of the _ rtY.~{V... ~, ~.fi
default o~ 88 a penalty. '::",-')': i" ",..,.:_.
~ "} '.'~ ill
29. Failure or delay of~ ,~ler to enedic" 'ght or to exercise any option hereunder available because of any default shall
not operate as a waJ.ver of . ~:Jigl)!"nL,J\l.1 , to thereafter enforce such right or to exercise such option or any other right or
option. for the same or for ady<~ ault.
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 breacb. or possession of the above described property, may be
exercisable as often as there is default on the part of Buyer and shall Dot be exhausted by one or more uses thereof. and that it
shall not be necessary to file the original of this contract 88 a warrant of attorney if a true copy hereof shall be ftled in any action.
s of this Agreement shall be retained by Seller as compensation for the use
e execution of this Agreement and Dot as liquidated damages to Seller for
31. The covenants, obligations, liabilities, terms and provisions herein contained shall be binding upon, and the benefits and
advanlages hereunder shall inure to the Buyer jointly and severally and to ilieir and each of their respective he~s, executors,
administrators, and assigns, and to the succellsors and asBigns of lhe Seller.
32. This Agreement shall not he recorded in the office for the recotdlng 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 of
the rehabilitation loan in the hands of an escrow agent shall immediately be returned to Seller (Department of Veterans Affairs).
34. This loan may be declared immediately due and payable upon transfer of the property securing such loan to any transferee,
unless the acceptability of tbe assumption of the loan is establisbed either pursuant to the provisions of section 3714 of chapter
37, title 38. United ~1ate Code, or by the loan holder if the loan has been sold without recourse.
35. A fee equal to one-balf of I percent of the balance of this loan as of the date of transfer sbail 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 intere:lt at the rate herein provided. and, at the option of
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
obligated to pay this fee if the Department of Veterans Affairs has sold this Joan 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 detennining 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 hislher name an din hislher 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 36.4-342 and 36.4-520, pursuant thereto, as amended, and who
is authorized to execute this instrument, and the Buyer has hereunto set hislher individual hand and seal on the day and year first
above written.
NOTICE, THIS DDCUMENT MAY NOTIDOES NOT SELL, CONVEY. TRANSFER, INCLUDE OR INSURE
THE TITLE TO THE COAL AND RIGIIT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRffiED OR
REFERRED TO HEREIN. AND THE OWNER OF OWNERS OR SUCH COAL MAY HAVEIHAVE THE COMPLETE
LEGAL RIGHT TO REMOVE ALL OF 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 I of the Act of July 17, 1957, P.L. 984, as amended, and is not intended as notice of
unrecorded instruments, ifany.)
SEALED AND DELIVERED
IN THE PRESENCE OF
~w..u..,~,LtQ,J,"i.o.>dsv.<'
0AWfu.=
;:i~~~-;:;;" [SEAL]
Title: _.J;p.~..Q.~!Y...9..fg~.~~............._............._........
VA Regional Office or Regional Office &
Insurance Center, Philadelphia, PA.
Telephone: 215-842-2000
Purs t to a delesation of authority in 38 CPR
, 34 and 36-4520)
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(Buyer)
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H_ LOMlI
PO Box 904B
Temecula, CA925El9-904B
Send Payments To:
PO BOX 660694
DaHas, TX 75266-0694
Send Corresporrdence to:
PO Box 5170. MS SV314B
SimiValley, CA93065
111111111111111111,1,11.1"11",1,1,,,,11111111111,1
Joy M Shields
308 E MAIN ST
MECHANICSBURG, PA 17055-6517
e;.)(H , ~(T "~"
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PRESORTED
First.ClassMall
U,S, Postage
and Fees Paid
WSO
.CaunbW.Iide"
HOt1E LOANS
P. O. Box 660694
Dallas, TX 75266-0694
Send Payments to:
PO Box 660694
DaUas, 1)( 15266-0694
January 31 , 2006
Certified Mail:
7113 8257 1470 7346 6068
Return Reciept Requested
Regular Mail
Joy M Shields
308 E MAIN ST
MECHANICSBURG, PA 17055-65'17
Account No.: 59521
Property Address:
308 E Main St
Mechanicsburg, PA
Current Service...:
Countrywide Home Loans, Inc.
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortGaoe on your home is in default. and the lender intends to foreclose. Soecific
infol1Tlotion about the nature of the default is Drovided in the attached Daaes.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCe: PROGRAM (HEMAPl may be able to helD to save 'lour
home. This Notice eXDlains how the Droaram works.
Te see if HEMAP can helD. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF
THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the CounselinD ADencv.
The names. addresties and Dhone numbers of Consumer Credit Counselina Aoencies servino your County are listed at
the end of this Notice. If vou have anv Duestions. YOU may call the Pennsvlvania Housina Finance ADencv toll free at
1_800_342_2397 (Persons with imDsired hearinG can call1_717_780_1869l.
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help answer them. You may also want to contact an attomey in your area. The
local bar association may be able to help you find a lawyer.
LA NOTIFICACIDN EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR
VIVIENDO EN SU CASA. 51 NO COMPRENDE EL CQNTENlDO DE ESTA NOTIFICACI6N 08TENGA UNA.
TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN
CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDf SALVAR SU
CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S)'
PROPERTY ADDRESS:
Joy M Shields
308 E Main St
MechanicsburD. PA
~
LOAN ACCT. NO.:
ORIGINAL LENDER;
CURRENT LENDERlSERVICER:
Countrvwid8 HomA Loans Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
VOU MAY BE. ELIGIBLE FOR F'INANCIAl ASSISTANCF.. 'NHICH CAN SAVE YOUR HOME FROM FORECLOSlIRE AND
HELP YOU MAKE FlfTURE MORTGAGE PAYMENTS
Thi'ool't\mlJ\l::a\ian~!<<lm~\ietl\{)(l11Wrn
PIllasewrileyoLlllOOOuntnumberonallchetKsardoorrelpOndenoe
we maycl\a'ge you a let for any payment re!urneclorrejded byyoLr~nellC8l inStll.lion, lubjecllo appk:a:lle laW
. Make yoor ci'lec\C payable 10
CGuntryWlde Home Loans
. Write your acoount mrnber on
yourcheckOfmoooyorder
. Wrileinanyaddilionalamoonls
you arejncltJ:Iill!l (flolal m
mote t\'W'I $~an, please sm<!
certlfiedchedo;)
. Dontfilach your check 10100
paymenlooupon
_ Don'l: Inclllde correspondence
_Dontsendcssh
ACCDuntNumber:59521.5
JDyM Shields
3D8E Ma'lnSt
Balance DuB for charges listed Elbove:$1,873.18 asof1/3112006.
P'uaeupOO.te"malilformaliln onthere'<(!roosideolth~ooupoo
Mdit"oaI
Pood~al
BLQPAl
IAddililnal
~-
Counbywide
PO BOX 660694
Dallas, TX 75266-0694
1I",I,I,I",i,I,II",II"II""II"I,I",I"II,I,,,I,,I,,I,III,,,1
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000059521500000187318000187318
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 REASONABLE 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 AJ:,t, YOIJ are entitled to a temporary stay of foreclosure on your
mortgage for thirty-five (35) days from the date of this Notice. 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-FIVE. 135) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE
you MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE r.ALLED "HOW TO CURF.: YOUR
MORTGAGE nEFAUL r EXPLAINS HOW TO BRING YOUR MORTGAGE lIP TO DA.TE.
CONSUMER CREDIT COUNSELING AGENCIES ~ If you meet with one of the consumer credit counseling agencies fisted at
the end of this notice, the lender may NOT take action against you for thirty-five (35) days after 'ihe date of this meeting. Itw..
names addresses and teleohone numhers of desionated consumer r.redit counselina aaencies for the countv in which the
Drooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to~face meeting. Advise your
lender immediatelv of your intentions.
APPLICATION FOR MORTGAGF ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see
following pages for specifio information about the nature of your defautt.) If you have tried and are unable to resolve this
problem with the lender, you have the right to apply for financial assistanoe from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fiU 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 applioation to the
Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty~five (35) days of your
face-to-face meeting.
YOU ~FILEYOURAPPlICATION PROMPTLY, IF YOU FAIL TO 00 SO ORIF YOU DO NOT FOLLOW THE OTHER
TIME PERIODS SET FORTH IN THIS LETI'ER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY
AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available fU1ds 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 t=inance 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
A TrEMPT TO COLLECT THE DEBT.
(If you have flied bankruptcy you can stili apply for Emergency Mortgage Assistance.)
NOTICE OF INTENT TO FORECLOSE
YOUR HOME LOAN IS IN A STATE OF DEfAULT DUE TO THE REASONS MENTIONED IN THIS NOTICE.
YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
308 E Main StMechanics.burg, PA
IS SERIOUSLY IN DEFAULT because
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now
past due
Late Charaes: December, 2005
January, 2006
(2 mos. @ $35.54/month)
$1,777.10
$71.08
Monthl... Pavments: December, 2005
January, 2006
(2 mos. @ $888.55/month)
Other Late Charaes: Total Late Charges:
Uncollected Costs:
Partial Payment Balance:
$25.00
$0.00
($0.00)
$1,813.18
TOTAL DUE:
yOU HAVE t=AILED TO TAKE THE FOLLOWING ACTION IDo not use if not noolicable)
E-malltule:PrOYldingyoure-maila(klressbelowwillallowlllllo8eRdYOllintormatrononyouraccourt
ACCOlInt NlImber: 59521
JoyM Shiekls E~mailaddress
How we poll your payment!: All acteptM
pa~entsdpllncipajandintllfeslwillbeapplied1il
ttle longest OUllltandl1'9 insrnllment due, lInloss
otnerv.;se expreSllly pn;nlblted Of Umlmd by law. If
you submit an amount in addlllQriID your sdleduled
moothly amount, we will apply YOll" payments as
tollows: (lJ t~ oltttMdli"li) IOOl'thly payments DI
principal Mdll'llerest, Qi)esCfoWdeficienc1es, (iii) late
cM"ges al'ld cttKlr amoun$ you owe in cool'lElCllon
'Nittl. 1'00\ IcM aM (1'1) tc md\lte the outst<ming
principal balMce dyoll" loan. Pi8!lse specify ~you
want al'l additional amounl: applied ID tutLlre
paymlmts,l<f.hertnanpTi1"ltipaIredoction.
PostDaledd!ecka: Counl:rywide's polity is to not
aCce;lt poot<litM <::Moo" unless speclllcally agllled
to bya 10M oounselor or technicJan.
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY.FIVE (35) DAYS of the date of this notice BY
PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,873.18, PLUS ANY MORTGAGE PAYMENTS
AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-FIVE (35) DAY PERIOD.
Pavments must be made either bv cashier's check certified check or monev order made oavable and sent to:
Countrywide at P.O. Box 660694, Dallas, TX 75266-0694.
You can cure anv other default bv takina the followina action within THIRTY-FIVE 135\ DAYS of the date of this letter. (Do not
use if not aoolicable)
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY-FIVE (35) DAYS of the 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-FIVE (35) DAYS, the lender also intends to
instruct its attorneys to start legal action to fOl"ecloH upon your mortgaged property
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff 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 reqtired to pay the reasonable attorney's fees that were actually inwrred, up to $50.00. However, if
legal proceedings are started against you, you will have to pay all reasonable attorney's fees actuaUy incurred by the lender e\len
if they exceed $50.00. Any attomey'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.FJVE 135) DAY period, you will not be required to pay
attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE
FORECLOSURE PROCEEDING THE NON.EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO
ACCELERATION AND FORECLOSURE.
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 -FIVE
~ DAY period and foreclosure proceedings have begun, you still have the right to CLJ'"e 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 Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing
yaur default in the manner set forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the
mortgage property could be held would be approximately six (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:
Countrywide Home Loans, Inc.
P. O. Box 660694 Dallas, TX 75266--0694
1-800-669-4578
1-805-577-3432
MS PTX-36
Attention; LCHln Counselor
Addrsss:
Phone Number;
Fax Number;
Contact Person:
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 Sheriffs 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 may 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.
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 ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORE.D TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED IF YOU CURE
THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGI-fT TO CURE YOUR DEFAULT MORE THAN THREE TIMES
7113 8257 1470 7346 6068
. .
IN ANY CALENDAR YEAR)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT
INSTITllTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BYTHE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAl BANKRUPTCY LAW.
Your loan is in default. Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspection of your
property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the
property is occupied and/or (iii) determine the identity ofthe ocwpant. If you do not cure the default prior to the inspection, other
actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and
valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be
charged to your account as pro"ided in )lour security instrument.
If you are unable to cure the default on or before March 2, 2006, Countrywide wants you to be aware of various options \hat
may be available to yOU through Countrywide to prevent a foreclosure sale of your property. For example:
. Repayment Plan: It is possible that you may be eligible for some form of payment assis1ance \hrough Countrywide.
Our basic plan requires that Countrywide receive, up front, at least }'2 of the amount necessary to bring the account
rurrent, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a
defined period of time. other repayment plans also are available.
. Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the
loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This
foredosure alternative, however, is limited to certain loan types.
. Sale of Your Property: Or, If you afe willing to sell your home in order to avoid foreclosure, it is possible that the sale
of your home can be approved through Countrywide even if your home is worth less than what is owed on it.
. Deed-in-Lieu: Or, if your property is free from other liens Of encumbrances, and if the default is due to a serious
financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder
and avoid the foreclosure sale.
If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately, If
you request assistance, Countrywide will need to evaluate whether that assistance will be extended to you. In the meantime,
Countrywide will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees
otherwise in writing. Failure to bring YOUf loan current or to enter into a written agreement by March 2, 2006 as ouUined above
will result in the acceleration of your debt.
Time is of 'the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at
1.800-6694578.
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GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6319
Attorney for Plaintiff
DEUTSCHE BANK FIKA BANKERS TRUST COMPANY
OF CALIFORNIA
7105 Corporate Drive
PTX B 35
Piano, TX 75024
IN THE COURT OF COMMON
PLEAS
of Cumberland County
Plaintiff
vs.
CIVIL ACTION - LAW
JOY M. SHIELDS
and OCCUPANTS
308 E. Main Street
Mechanicsburg, PAl 7055
ACTION OF EJECTMENT
Term
No. 06-1913
Defendants
PRAECIPE FOR JUDGMENT IN EJECTMENT
Kindly enter Judgment in Ejectment in favor of the Plaintiff, DEUTSCHE BANK F/KA BANKERS
TRUST COMPANY OF CALIFORNIA and against the Defendants JOY M. SHIELDS and OCCUPANTS
for failure to file an Answer in the above action within (20) days of service.
I HEREBY CERTIFY THAT ACCORDING TO rule 237.1, written 10 day notice of Plaintiffs
intention to file a Praecipe for Entry of Default Judgment was mailed to Defendants, a true and correct copy
of which is attached hereto.
I hereby certify that the above names are correct and that the precise residence address of the
judgment creditor is DEUTSCHE BANK F/KA BANKERS TRUST COMPANY OF CALIFORNIA, 7105
Corporate Drive, PTX B 35, PIano, TX 75024 and that the name(s) and last known address(es) of the
Defendants is/are JOY M. SHIELDS and OCCUPANTS 308 E. Main Street, Mechanicsburg, P A 17055.
r
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney 1.0.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6319
Attorne for Plaintiff
DEUTSCHE BANK FIKA BANKERS TRUST COMPANY
OF CALIFORNIA
7105 Corporate Drive
PTX B 35
Plana, TX 75024
IN THE COURT OF COMMON
PLEAS
of Cumberland County
Plaintiff
CIVIL ACTION - LAW
vs.
ACTION OF EJECTMENT
JOY M. SHIELDS
and OCCUPANTS
308 E. Main Street
Mechanicsburg, P A 17055
Tenn
No. 06-1913
Defendants
CERTIFICATION PURSUANT TO P A R.c.P. NO. 237
I, Joseph A. Goldbeck, Esquire, attorney for Plaintiff, certifY that a true and correct copy of the
Praecipe for Judgment was sent to the following parties, via first class mail, postage prepaid:
JOY M. SHIELDS
OCCUPANTS
308 E. Main Street
Mechanicsburg, P A 17055
GOLDBECK McCAFFERTY & McKEEVER
DATED: May 9, 2006
0r
GOLDBECK McCAFFERTY & McKEEVER
By: JOSEPH A. GOLDBECK, JR.
ATIORNEY J.D. #16132
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106-1532
(215) 627-1322
ATTORNEY FOR PLAINTIFF
DEUTSCHE BANK FIKA BANKERS TRUST
COMPANY OF CALIFORNIA
7105 Corporate Drive
PTX B 35
PIano, TX 75024
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
Plaintiff
ACTION OF EJECTMENT
vs.
JOY M. SHIELDS
and OCCUPANTS
308 E. Main Street
Mechanicsburg, PA 17055
Term
No. 06-1913
Defendants
DATE OF TIDS NOTICE: Apri128,2006
TO: OCCUPANTS
308 E. Main Street
Mechanicsburg, P A 17055
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENfER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING wrrn THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SEf FORTIl AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU wrrnOUT A HEARlNG AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTIl BELOW.
TIllS OFFICE CAN PROVIDE YOU wrrn INFORMATION ABOUT HIRING A LAWYER. IF YOU
CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES me
8 Irvine Row
Carlisle,PA 17013
ffJ't~
GOLDBECK McCAFFERTY & McKEEVER
BY; loseph A. Goldbeck, Ir., Esq.
Attorney for Plaintiff
GOLDBECK McCAFFERTY & McKEEVER
By: JOSEPH A. GOLDBECK, JR.
AlTORNEY I.D. #16132
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PH1LADELPHIA, PA 19106-1532
(215) 627-1322
A lTORNEY FOR PLAINTIFF
DEUTSCHE BANK F/KA BANKERS TRUST
COMPANY OF CALIFORNIA
7105 Corporate Drive
PTX B 35
PIano, TX 75024
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
Plaintiff
ACTION OF EJECTMENT
vs.
Term
No. 06-1913
JOY M. SHIELDS
and OCCUPANTS
308 E. Main Street
Mechanicsburg, P A 17055
Defendants
DATE OF THIS NOTICE: April 28, 2006
TO: JOY M. SHIELDS
308 E. Main Street
Mechanicsburg, P A 17055
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH TIffi COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTIffiR IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU
CANNOT AFFORD TO HIRE A LAWYER, TillS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNlY BAR ASSOCIA nON
2 Liberty Avenue
Carlisle,P~17013
LEGAL SERVICES me
8 Irvine Row
Culisk:. ?A 17013
flIt~-
GOLDBECK McCAFFERTY & M.KEEVER
BY: JosephA. OoId""'k,Jr.. Esq.
Attorney for Plaintiff
VERIFICATION OF NON-MILITARY SERVICE
The undersigned, as the representative for the Plaintiff corporation within named do hereby
verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that
the facts set forth in the foregoing verification of Non-Military Service are true and correct to the
best of my knowledge, information and belief. I understand that false statements therein are made
subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities.
1. That the above named Defendant, JOY M. SHIELDS, is about unknown years of
age, that Defendant's last known residence is, 308 E. Main Street Mechanicsburg, PA 17055, and is
engaged in the unknown business located at unknown address.
2. That Defendant is not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of
Congress of 1940 and its Amendments.
Date: ()S \-ooJ 00
~~ (l B~Wc~
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01913 P
"
~
~
1:.
COMMONWEALTH OF PENNSYLVANIA:
COUNTY. .OF CUMBERLAND
..
!-
DEUTSCHE BANK
VS
SHIELDS JOY M
WILLIAM CLINE
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
SHIELDS JOY M
the
DEFENDANT
, at 2015:00 HOURS, on the 7th day of April
, 2006
at 308 E MAIN STREET
MECHANICSBURG, PA 17055
by handing to
JOY M SHIELDS
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
"Docketing
Service
Affidavit
Surcharge
18.00
10.56
.00
10.00
.00
38.56
So Answers:
~/7/ ~~
r~??z.:d.(~
R. Thomas Kline
me this
day of
04/10/2006
GOLDBECK MCCAFFERTY MCKEEVER
By: ~ -r~
- Deputy Sheriff
Sworn and Subscribed to before
A.D.
Prothonotary
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-01913 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
r
~
~
DEUTSCHE BANK
VS
SHIELDS JOY M
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
OCCUPANT
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - EJECTMENT
, NOT FOUND , as to
the within named DEFENDANT
, OCCUPANT
308 E MAIN STREET
MECHANICSBURG, PA 17055
THERE WERE NO OTHER OCCUPANTS.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6.00
.00
5.00
10.00
.00
21.00
so~~~~
R. Thomas K1J.ne
Sheriff of Cumberland County
GOLDBECK MCCAFFERTY MCKEEVER
04/10/2006
Sworn and subscribed to before me
this
day of
A.D.
Prothonotary
C>.
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Praecipe for Writ of Possession
(ACTION OF EJECTMENT)
THE COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
DEUTSCHE BANK FIKA BANKERS TRUST
COMPANY OF CALIFORNIA
7105 Corporate Drive
PTX B 35
PIano. TX 75024
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
Plaintiff
06-1913
vs.
JOY M. SHIELDS
and OCCUPANTS
308 E. Main Street Mechanicsburg,PA 17055
Defendants
PRJ\ECIPE FOR WRIT POSSESSION
TO THE PROTHONOTARY,
Issue the Writ of Possession in the above matter, for possession of (describe property)
SEE ATTACHED LEGAL DESCRIPTION
Ejectment
Quiet Tille
A.
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AfIiI
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160-3165)
DEUTSCHE BANK PIKA BANKERS TRUST
COMPANY OF CALIFORNIA
7105 Corporate Drive
PTX B 35
Piano, TX 75024
COURT OF COMMON PLEAS
Plaintiff
Term
vs.
No. 06-1913
JOY M. SHIELDS
and OCCUPANTS
308 E. Main Street
Mechanicsburg, PA 17055
WRIT OF POSSESSION
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
To the Sheriff of Cumberland County, Pennsylvania.
(I) To satisfy the judgment for possession in the above matter you are directed to deliver
possession of the following described property to DEUTSCHE BANK FlKA BANKERS
TRUST COMPANY OF CALIFORNIA, Plaintiff, being: (Premises as follows): 308 E. Main
Street Mechanicsburg, P A 17055
(2) To satisfy the costs against the defendants you are directed to levy upon any property
of the defendants and sell his, her or their interest therein.
Prothonotary, Court of Common Pleas
Cumberland County
By:
Deputy
Dated:
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WRIT OF POSSESSION (Ejectment Proceedings PRCP3160- 3165 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCH BANK FIKI A BANKERS TR
CO OF CALIFORNIA
VS.
No. 06-1913 Civil Term_
JOY M. SHIELDS AND OCCUPANTS
308 E. MAIN ST.
MECHANICSBURG PA 17055
Costs
Attorney's
Plaintiff s
Prothonotary
$ 130.06
$
$ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland County, Pennsylvania
(I) To satisfY the judgment for possession in the above matter you are directed to deliver
possession of the following described property to: (plaintiff (s))
DEUTSCH BANK FIKIA BANDKERES TR CO OF CALIFORNIA
being: (Premises as follows):
308 E. MAIN ST., MECHANICSBURG PA 17055
(2) To satisfY the costs against the defendant (s) you are directed to levy upon any
property of the defendant (s) and sell hislher (or their) interest therein.
Curtis R. Long
Prothonotary, Cornmon Pleas Court of Cumberland County, P A
Date MAY 10. 2006
(Seal)
-
~...
20f2
No 06-1913 Civil Term
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
DEUTSCH BANK FIK/A BANKERS TR CO OF CALIFORNIA
VS.
JOY M. SHIELDS AND OCCUPANTS
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Att'y
Plff (s}
Prothy
Sheriff
$ 130.06
$-
$ 1.00
$-
Plaintiff (8) attorney name and address:
JOSEPH A GOLDBECK JR ESQ
STE 5000 MELLON INDEPENDENCE CENTER
701 MARKET ST
PHILADELPHIA PA 19106
(215) 825-6419
Attorney for Plaintiff (s)
308 E. Main St.
Mechanicsburg PA 17055
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
Sworn and subscribed to before me this
Day of
So Answers,
Sheriff
By
Deputy
Prothonotary
SHERIFF'S RETURN - NOT FOUND
,
CASE NO: 2006-01913 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DEUTSCHE BANK
VS
SHIELDS JOY M
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
OCCUPANT
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - EJECTMENT
, NOT FOUND , as to
the within named DEFENDANT
, OCCUPANT
308 E MAIN STREET
MECHANICSBURG, PA 17055
THERE WERE NO OTHER OCCUPANTS.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6.00
.00
5.00
10.00
.00
21.00
so~~~
R. Thomas Kline
Sheriff of Cumberland County
Sworn and
5/1~//)l- C)-
subscribed to before me
GOLDBECK MCCAFFERTY MCKEEVER
04/10/2006
this
day of
A.D.
Prothonotary
,
"
CASE NO: 2006-01913 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK
VS
SHIELDS JOY M
WILLIAM CLINE
, Sheriff or Deputy Sheriff of
Cumberland County,pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
SHIELDS JOY M
the
DEFENDANT
, at 2015:00 HOURS, on the 7th day of April
, 2006
at 308 E MAIN STREET
MECHANICSBURG, PA 17055
by handing to
JOY M SHIELDS
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
-Docketing
Service
Affidavit
Surcharge
18.00
10.56
.00
10.00
.00
38.56
!i)/"T/61- .~
Subscribed to befOre
So Answers:
/lj
~ /'? ./ ./-' //.
r~?>'Z:;""'~-I~
R. Thomas Kline
day of
04/10/2006
GOLDBECK MCCAFFERTY MCKEEVER
By: ~-y-~
- Deputy Sheriff
Sworn and
me this
A.D.
Prothonotary
..
f"""" )
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
WRIT OF POSSESSIO RETURNED STAYED PER ATTY
SoAns~?,-"" ~
B~~~ . .
SWOl')1 and subscribed to before me this
Day of
Sheriff's Return
Dock~ting
Pro thy
Poundage
Milage
Surcharge
oJf"'>,.~
33DJ:JO
18.00
1.00
.98
9.68
20.00
49.66
Advance Costs 150.00
Sheriff's Costs 49.66
100.34
Refunded to Atty on 6/13/06
7C}- ?Jb,l~JOt.
b tI :2: d L I ^ ~N qnnZ
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2of2
No 06-1913 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCH BANK F/KJA BANKERS TR CO OF CALIFORNIA
VS.
JOY M. SHIELDS AND OCCUPANTS
WRIT OF POSSESSION
P.R.c.P. 3160-3165 ETC.
Costs
Att'y
Plff (S1
Prothy
Sheriff
$ 130.06
$
$ 1.00
$-
Plaintiff (s) attorney name and address:
JOSEPH A GOLDBECK JR ESQ
STE 5000 MELLON INDEPENDENCE CENTER
701 MARKET ST
PHILADELPHIA PA 19106
(215) 825-6419
Attorney for Plaintiff (s)
308 E. Main St.
Mechanicsburg PA 17055
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
Iof2
WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCH BANK F/KJA BANKERS TR
CO OF CALIFORNIA
VS.
No. 06-1913 Civil Term_
JOY M. SHIELDS AND OCCUPANTS
308 E. MAIN ST.
MECHANICSBURG P A l7055
Costs
Attorney's
Plaintiff s
Prothonotary
$ 130.06
$
$ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver
possession of the following described property to: (Plaintiff (s))
DEUTSCH BANK F/KJA BANDKERES TR CO OF CALIFORNIA
being: (Premises as follows):
308 E. MAIN ST., MECHANICSBURG PA 17055
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any
property of the defendant (s) and sell his/her (or their) interest therein.
? .
ts . Long
Prothonotary, Common Pleas Court of Cumberland County, P A
Date MAY 10, 2006
(Seal)