HomeMy WebLinkAbout06-6850
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
p .
ATTORNEY FOR PLAINTIFF CDC ?lC? t 1. ?',!
DEUTSCHE BANK F/K/A BANKERS TRUST
COMPANY OF CALIFORNIA ON BEHALF OF
VENDEE MORTGAGE TRUST 2003-2
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF EJECTMENT
TOD H. MUTHIG
and OCCUPANT(S)
318 Stumpstown Road
Mechanicsburg, PA 17055
Defendant(s)
NOTICE
Term
No.
CIVIL ACTION: EJECTMENT
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 the 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 claim in the Complaint of 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, PA 17013
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street, Carlisle, PA 17013
800-990-9108 1
LEGAL SERVICES INC
401 East Louther Street, Carlisle, PA 17013
717-243-9400
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE
CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE
USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA
DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE LISTED, O SU
ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA
DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE
PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE
PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA
QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR
RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO,
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE
SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue, Carlisle, PA 17013
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street, Carlisle, PA 17013
800-990-9108
LEGAL SERVICES INC
401 East Louther Street, Carlisle, PA 17013
717-243-9400
4
"M
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:
25091234-Muthig
Oct-31-ZnG 11:01am From-
E)MZBIT "A„
T-158 P.004/00.8: F-132
000250912342005N
Assessor's Parcel NUMber., 22-11-0278-OSS
Legal Des+erlption: DISTRICT; 022; CITY; MONROE TOWNSHIP; ASSESSOR'S MAP
REFERENCE: MAP 0278
Brief Description: MONROE MEADOWS RESIDENTIAL WITH BUILDINGS
Certify this, to be recu
fn Cumberland County porded
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-46
Vii. FORM 26-6336e (cg)
Ali v; d SEPT 1998
10-10-6-0453377
10-104-0018299
INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE - PENNSYLVANIA
THIS LOAN MAY NOT BE ASSUMED WITHOUT THE PRIOR
APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS
OR ITS AUTHORIZED AGENT, SUCCESSORS OR ASSIGNS.
1. THIS AGREEMENT, made the 30th day of December , 2002 , by and between the Secretary of Veterans Affairs,
an officer of the United States of America, whose address its 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
TOD H. MUTHIG
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 Monroe Township county. of '
Cumberland and Commonwealth of Pennsylvania, herein referred to as "the property"
and more fully described as follows:
TAX PARCEL 22-11-0278-058
318 Stumpstown Road CHL 008036125 ?ll?11??111111111?11111[llllNl?NII?IIII MUTHIG YH '
Mechanicsburg, PA 17055IIII!llltllllll?IIIIIIIIllrllllfll?!
610 025091234 IC 001 001
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 Bituminous 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.
4. Buyer shall pay to Seller for the property the sum of
($ 147259.00 ) 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 Slates 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:
($ 1259.00 ) in cash prior to or upon the execution and delivery of this Agreement; and the balance of
($ 146000.00 ) herein referred to as "principal sum" or as "principal" with interest thereon at the rate of
which said principal dsix terest on the unpaid popercent ( rtion thereof shall be per qof December 30 , 2002,
Paid P payable in equal monthly installments as follows:
($ 875.34 ) on the first day of February , 2003 , 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 fully 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 January 1 2033
Of the total purchase 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
2002 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
seven hereof. Water/sewer and special assessments to be paid directly by buyer.
vy
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 interesi in or to all awards and: claims in connection with condemnation of any of the
property for public use, or for injury to any portion thereof, and the proceeds 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 .
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
payment therefrom of all reasonable expenses incurred in connection therewith, including fees for attorneys representing Seller,
may at the option of Seller be used for the purpose of repairing, restoring, or improving the damaged structure upon the
property, or may be credited on 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 Seller harmless from all loss arising from or by
reason 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 principal, Interest, or any other items hereinbefore stipulated, when the same become severally dire
hereunder, or in the payment of any other sum herein agreed to be paid by Buyer, or if default be made 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 terms of this Agreement shall, at the option of Seller, immediately become due and payable and
Seller may, at his/her option, (a) terminate by 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, title, 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 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 enter 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 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 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 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 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 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 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 he addressed to the property hereinahove described unless written of a different address shall have Lcen
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 any 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 shall have been due or not, together with an attorney's commission or fee of five (5%)
percent, with or without prior declaration made, waiving stay of execution, inquisition, and all exemption laws.
6. Buyer shall obtain and continuously maintain hazard-insurance of such type or types and amounts as the Seller may from time
to time-notify Buyer to obtain on the improvements-now or hereafter made on said premises and will pay any premiums therefor
promptly when due. All insurance shall be carried in companies approved by Seller and policies and renewal thereof shall b.e
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 payment of such loss or
any part thereof may be applied by Seller either to reduction of the indebtedness or to the restoration and repair of the property .
damage.
7. Together with and in addition to the 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 prior to the date when such premiums, taxes will become delinquent, such sums 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 (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:
1. Taxes, fire and other hazard insurance premium;
11. Interest on the unpaid portion of the principal; and
III. 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 (495) 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
shalt 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
account thereof. If requested by Seller, Buyer 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 taxes and any premiums for hazard insurance which it may be necessary to pay
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
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 Treasurer 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.
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 property 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 tabor 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 dbligations
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 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, investment or property. All such sums of money so expended by Seller, together with
interest thereon, at the rate aforesaid, from the several dates of expenditure thereof until paid, shall become 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 demand, at the same place or places as other sums are payable hereunder, unless Seller shall agree that
such sums be otherwise repaid, in which event such repayment shall be made by Buyer to Seller at such times and in such manner
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
repayment of any sums Seller shall have expended in accordance with the terms hereof,
r
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.aotion of ejectment and confess a judgment of ejectment
therein' for the premises herein described and do authorize the immediate issuing and execution of a writ of habere facias
possessionem with clauses of red facias for costs and five (5%) percent attorney's commission or fee, without asking leave of
court.
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 Seiler 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
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 contract as a warrant of attorney if a true copy hereof shall be filed in any action.
31. The covenants, obligations, liabilities, terms 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.coasidered 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 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 1 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
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 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.
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
REFERRED TO HEREIN, AND THE OWNER OF OWNERS OR SUCH COAL MAY HAVE/HAVE 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, if any.)
I
SEALED AND DELIVERED
IN THE PRESENCE OF a Secretary of Veterans its
BY ............._.........................................................._ (SEAL]
???, Janice P. DiBenedetto
Title: ,Acting Loan Guaranty Officer......_..._.........
VA Regional Office or Regional Office &
................. ........................................ ............. ........... ................ Insurance Center, Philadelphia, PA.
Telephone: 215-842-2000
Pursuant to a delegation of authority in 38 CFR
kz?'?- ...... .......... _... ................ 36.43 ? d 36.4520.)
........ 11t ....... ............... ......................... ? .?............. EAL]
TOD H. MUD IG (Buyer)
................_.................................................... ........................................ [SEAL]
(Buyer)
....._......... _......... _ ......... ............. ........................ ....... _..... (B..............................!SEAL]
uyer)
Q idW
qIIIN. LOAN{
PO Box 9048
Temecula, CA 92589-9048
Send Payments To:
PO BOX 660694
Dallas, TX 75266-0694
'Send Correspondence to:
PO Box 5170, MS SV314B
Simi Valley, CA 93065
s
11??9AlII?AIIEIII
Tod H Muthig
318 STUMPSTOWN RD
MECHANICSBURG, PA 17055-9602
051102-6LGPA1
Fmorsir'13
PRESORTED
First-Class Mail
U.S. Postage
and Fees Paid
WSO
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 Act, you 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
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-five (35) clays after the (late of this meeting. The
names. addresses and telephone numbers of designated consumer credit counselinu agencies for the county in which the
property 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 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. Your application MUST be filed or postmarked'within thirty-five (35) days of your
face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER
TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY
AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be clisbursed 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.)
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:
318 Stumpstown Rd Mechanicsburg, 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
Monthly Payments: September, 2005 - November, 2005 (3 mos. @ $1,139.69/month) $3,419.07
Late Charges: September, 2005 - October, 2005 (2 mos. @ $45.591month) $91.18
Other Late Charges: Total Late Charges:
Uncollected Costs:
Partial Payment Balance:
TOTAL DUE:
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable)
E-mall use: Providing %our e-mail address below will allow us tosend you Information on your R.oroun
Account Number: 2661234
Tod H MuthO E-mJI address
$45.28
$0.00
($0.00)
$3,555.53
How we post your payments: All accepted
payments of principal and interest will be applied to
the lonnect outctwdinn ingainlent ,tue, unless
otherwise expressly prohibited or limited by law. It
you submit an amount in addition to your sdle-Alled
monthly amount, we will apply your payments as
follows: () to outstanding monthly payments of
principal and interest, (ii) escrow deficiencies, (iii) late
charges and other amounts you owe in connection
with your loan and (iy) to reduce the outstanding
principal balance of you loan. Please specify if you
want an additional amount applied to future
payments, rather than principal reduction.
Postdated checks: Countrywide's policy is to not
accept postdated checks, unless specifically agreed
to by a loan counselor or techr ician.
HOW TO CURE THE DEFAULT -'You may cure the default within THIRTY-FIVE (251 QAY$ of the date of this notice BY
PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,555.53, PLUS ANY MORTGAGE PAYMENTS
AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-FIVE (35) DAY PERIOD.
Payments must be made either by cashier's check certified check or money order made payable and sent to:
Countrywide at P.O. Box 660694, Dallas, TX 75266-D694.
You can cure any other default by taking the following action within THIRTY-FIVE (35) DAYS of the date of this letter. (Do not
use if not applicable)
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 (351 DAYS, the lender also intends to
instruct its attorneys to start legal action to foreclose upon your mortgaged property
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 incurred, up to $50.00. However, if
legal proceedings are started against you, you will have to pay all reasonable attorney's 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-FIVE (35) 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
3j 5-) 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 clue, 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
your 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.
Address- A O. Box 660694 Dallas, TX 75266-0694
Phone Number: 1-800-669-4578
Fax Number 1-805-577-3432
Contact Person: MS PTX-36
Attention; Loan Counselor
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 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
0700563917
®GounWWWa-
HIOME LOANS .
P.O. Box 660694
Dallas, TX 75266-0694
Send Payments to:
PO Box-660694
Dallas, TX 75266-0694
November 1, 2005
Certified Mail:
0700563917
Return Reciept Requested
Regular Mail
Tod H Muthig
318 STUMPSTOWN RD
MECHANICSBURG. PA 17055-9602
Account No.: 25091234
Property Address:
318 Stumpstown Rd
Mechanicsburg, PA
Current Servicer:
Countrywide Home Loans, Inc.
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 to save your
home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WrrH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF
THE DATE OF THIS NOTICE. Take this Notice with Vou when you meet with the Counseling Agency.
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 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
TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN
CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PR&STAMO 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): Tod H Muthig
PROPERTY ADDRESS: 318 Stumpstown Rd
Mechanicsburg, PA
LOAN ACCT. NO.: 25091234
ORIGINAL LENDER:
CURRENT LENDERlSERVICER:
Countrywide Home Loans. Inc.
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
Please write yma account number on all checks and correspondence.
'A'e m ay charge you a fze for any payment returned or rzjectol by your f nanca l institution, subject to applicable haw.
. Make your check m able to Account Number: 25091234.2 Balance Due for charges listed above $3,555 SS as cf 111112Q0`
Countrvd1e Home Loans
Tod H Muthi?j
. Wrltey,-uur ecccuntnurnt,eran
yaurcheckormone,order 318S1umpstownRd PlvseuPdaterrail ron?tororierweme dedmsmuPar
• Write in any additional amounts
additunai
you are including (If total is Prircpal
more than $5000, please send aLCiPAt
certified died)
. Don't attadr your check to the ,ad,?aal
payment coupon Eeoirnv
• Dent include correspondence Countrywide
• Don'tsend cash PO BOX 660694 Oher
Dallas, TX 75266-0694
Ilrrrl?l?l??rlrlrllrrrllr?ll,r.,Il,rlrlrrrl,rll?lr?rlrrlrrlrlllrrr l
clr?k
Total
025091234200000355553000355553
IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER L'AWSUIT•
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..
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) determihe the identity of the occupant. 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 provided in your security instrument.
If you are unable to cure the default on or before December 1, 2005, Countrywide wants you to be aware of various options that
may be available to you through Countrywide to prevent a foreclosure sale of your property. For example-
0 Repayment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide.
Our basic plan requires that Countrywide receive, up front, at least'/: of the amount necessary to bring the account
current, 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
foreclosure alternative, however, is limited to certain loan types.
• Sale of Your Property: Or, if you are 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 or 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 your loan current or to enter into a written agreement by December 1, 2005 as outlined
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
1-800-669-4578.
Alm
•_ ?V ? ? - to _?' c:.J
J C)
:7j-
O F ?,
18
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 5000 Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-825-6319
Attorney for Plaintiff
DEUTSCHE BANK F/K/A BANKERS TRUST COMPANY
OF CALIFORNIA ON BEHALF OF VENDEE
MORTGAGE TRUST 2003-2
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
vs.
TOD H. MUTHIG
and OCCUPANTS
318 Stumpstown Road
Mechanicsburg, PA 17055
Defendants
IN THE COURT OF OM1V
PLEAS
of Cumberland, County
CIVIL ACTION LAW
ACTION OF EJE MEN
Term
No. 06-685
PRAECIPE FOR JUDGMENT IN EJECTMENT
Kindly enter Judgment in Ejectment in favor of the Plaintiff, DEUTSCHE BANK F/I
TRUST COMPANY OF CALIFORNIA ON BEHALF OF VENDEE MORTGAGE TRUST
against the Defendants TOD H. MUTHIG and OCCUPANTS for failure to file an Answer in
action within (20) days of service.
I HEREBY CERTIFY THAT ACCORDING TO rule 237.1, written 10 day notice of
intention to file a Praecipe for Entry of Default Judgment was mailed to Defendants, a true ar
of which is attached hereto.
I hereby certify that the above names are correct and that the precise residence addre:
judgment creditor is DEUTSCHE BANK FWA BANKERS TRUST COMPANY OF CALII
BEHALF OF VENDEE MORTGAGE TRUST 2003-2, 7105 Corporate Drive, PTX C-35, Pl.
and that the names and last known address of the Defendants are TOD H. MUTHIG and OC(
Stumpstown Road, Mechanicsburg, PA 17055318 Stumpstown Road, Mechanicsburg, PA 17
A BANKERS
)03-2 and
ie above
aintiff's
correct copy
of the
)RNI.A ON
o, TX 75024
JPANTS 318
>5.
GOf DB,ECK McCAFFERTY &
B Joseph A. Goldbeck, Jr.
Attorney for Plaintiff
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) 627-1322
ATTORNFY FOR PLAINTIFF
DEUTSCHE BANK F!K(A BANKERS TRUST COMPANY OF
CALIFORNIA ON BEHALF OF VENDEE MORTGAGE TRUST IN THE COURT OF COMI
2003-2 OF Cumberland CC
7105 Corporate Drive
PTX C-35 CIVIL ACTION - I
Plano, TX 75024
Plaintiff ACTION OF EJECT
vs. Term
No. 06-6850
TOD H. MUTHIG
and OCCUPANTS
318 Stumpstown Road
Mechanicsburg, PA 17055
Defendants
DATE OF THIS NOTICE: December 27, 2006
TO: OCCUPANTS
318 Stumpstown Road
Mechanicsburg, PA 17055
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PER;
ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAI
AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDI
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPC
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO
THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRIN(
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFOR
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
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
LEGAL SERVICES INC
401 East Louther Street
Carlisle, PA 17013
PLEAS
CINALLY OR BY
AS SET FORTH
MENT MAY BE
ZTANT RIGHTS.
)R TELEPHONE
A LAWYER. IF
AATVON ABOUT
GOLDBECK McCAFFERTY & Mc
BY: Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
4 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) 627-1322
ATTORNEY FOR PLAINTIFF
DEUTSCHE BANK F/K/A BANKERS TRUST COMPANY OF
CALIFORNIA ON BEHALF OF VENDEE MORTGAGE TRUST
2003-2
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
vs.
TOD H. MUTHIG
and OCCUPANTS
318 Stumpstown Road
Mechanicsburg, PA 17055
Defendants
DATE OF THIS NOTICE: December 27, 2006
TO: TOD H. MUTHIG
318 Stumpstown Road
Mechanicsburg, PA 17055
IMPORTANT NOTICE
IN THE COURT OF COMMgN PLEAS
OF Cumberland COU TY
CIVIL ACTION -
ACTION OF EJECTMffNT
Term
No. 06-6850
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PER NALLY OR BY
ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAI S 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 IMPO TANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO R TELEPHONE
THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFOR ATION 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
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
LEGAL SERVICES INC
401 East Louther Street
Carlisle, PA 17013
BY: Joseph A. Goldbeck, Jr., Esq,
Attorney for Plaintiff
VERIFICATION OF NON-MILITARY SERVICE
The undersigned, as the representative for the Plaintiff corporation within n,
verify that I am authorized to make this verification on behalf of the Plaintiff corp
the facts set forth in the foregoing verification of Non-Military Service are true ar
best of my knowledge, information and belief. I understand that false statements the
subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities
1. That the above named Defendant, TOD H. MUTHIG, is about unk
age, that Defendant's last known residence is, 318 Stumpstown Road Mechanicsbu
and is engaged in the unknown business located at unknown address.
2. That Defendant is not in the Military or Naval Service of the Uni
Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil F
Congress of 1940 and its Amendments.
Date: 3
ied do hereby
ation and that
correct to the
rein are made
own years of
g, PA 17055,
L States or its
ief Action of
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06850 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK ET AL
VS
MUTHIG TOD H ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn accord'i g to law,
says, the within COMPLAINT - EJECTMENT was served upon
MUTHIG TOD H the
DEFENDANT at 1839:00 HOURS, on the 6th day of Decemb r , 2006
at 318 STUMPSTOWN ROAD
MECHANICSBURG, PA 17055 by handing to
HEATHER MUTHIG, WIFE
a true and attested copy of COMPLAINT - EJECTMENT togeth er with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
.00 8.80
10.00 R. Thomas Kline
.00
36.80 12/07/2006
GOLDBECK MCCAFFERCKEEVER
Sworn and Subscibed to By: //
before me this day _
of A.D.
y Sheri
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06850 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK ET AL
VS
MUTHIG TOD H ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn accordi
says, the within COMPLAINT - EJECTMENT was served upon
OCCUPANT
DEFENDANT , at 1839:00 HOURS, on the 6th day of De
at 318 STUMPSTOWN ROAD
MECHANICSBURG, PA 17055 by handing to
HEATHER MUTHIG, WIFE OF TOD
a true and attested copy of COMPLAINT - EJECTMENT to
and at the same time directing Her attention to the contents
to law,
the
r , 2006
- with
thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00 12/07/2006
GOLDBECK MCCAFF TY MCKEEVER
Sworn and Subscibed to By:
before me this day Deputy heriff
of A.D. T
""
^ 1- ??
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Prothonotary of Cumberland County 1 Courthouse Square Carlisle,
17013
Curt Long -- Prothonotary
DEUTSCHE BANK FWA BANKERS TRUST
COMPANY OF CALIFORNIA ON BEHALF OF
VENDEE MORTGAGE TRUST 2003-2
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
vs.
TOD H. MUTWG
and OCCUPANTS
318 Stumpstown Road
Mechanicsburg, PA 17055
Defendants
N O T I C E
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby
been entered against you in the above proceeding as indicated below:
Term
No.
Judgment by Default
Money Judgment
Judgment in Replevin
X Judgment for Possession
Judgment on Aware of Arbitration
Judgment on Verdict
Judgment on Court Findings
Confession of Judgment
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE
ATTORNEY Joseph A. Goldbeck, Jr. at the following telephone number:
(215) 825-6319
5-60 (2) (Rev. 4/78)55
has
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
Attornev for Plaintiff
DEUTSCHE BANK F/K/A BANKERS TRUST COMPANY
OF CALIFORNIA ON BEHALF OF VENDEE
MORTGAGE TRUST 2003-2
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
VS.
TOD H. MUTHIG
IN THE COURT OF
PLEAS
of Cumberland
CIVIL ACTION [ LAW
ACTION OF
and OCCUPANTS Term'
318 Stumpstown Road No. 06-6E
Mechanicsburg, PA 17055
Defendants
CERTIFICATION PURSUANT TO PA R.C.P. NO. 237
I, Joseph A. Goldbeck, Esquire, attorney for Plaintiff, certify that a true and
Praecipe for Judgment was sent to the following parties, via first class mail, postage
TOD H. MUTHIG
OCCUPANTS
318 Stumpstown Road
Mechanicsburg, PA 17055
GOLDBECK McCAFFERTY &
BY: I Jo
' . Goldbeck, J ., Esq.
o ey for Plaintiff
copy of the
DATED: January 23, 2007
s -?
C.P. 109 - P Praecipe for :V
(ACTION C
THE COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
DEUTSCHE BANK F/K/A BANKERS TRUST
COMPANY OF CALIFORNIA ON BEHALF OF
VENDEE MORTGAGE TRUST 2003-2
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
VS.
TOD H. MUTHIG
and OCCUPANTS
318 Stumpstown Road
Mechanicsburg, PA 17055
Defendants
IN THE COURT OF COMN
OF Cumberland COL
06-6850
PRAECIPE 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 Title
A.
5 - 116 (Rev. 10/76)
BY: Joseph A. Goldbeck, Jr.
Attomey for Plaintiff
'rit of Possession
F EJECTMENT)
PLEAS
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M)BIT "A"
Assn amor's Percol Numbers 22-11-0278-058
,,ga DQSC 1otlan: DISTRICT: 022; CITY; MONROE TOWNSHIP; ASSESSOR'S MAP
REFERENCE: MAP 0278
Brief Descrlption: MONROE MEADOWS RESIDENTIAL WITH BUILDINGS
i Certify this, to be recd
in Cumberland Coup • orded
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WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-31 5 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK F/K/A BANKERS
TRUST COMPANY OF CALIFORNIA
ON BEHALF OF VENDEE MORTGAGE
TRUST 2003-2
VS. No. 06-6850 Civil Term_
TOD H. MUTHIG AND OCCUPANTS
318 STUMPSTOWN ROAD
MECHANICSBURG, PA 17055
Costs
Attorney's $ 132.30
Plaintiff's $
Prothonotary $ 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 o deliver
possession of the following described property to: (Plaintiff (s))
DEUTSCHE BANK F/K/A BANKERS TRUST COMPANY OF CALIFORNIA ON EHALF
OF VENDEE MORTGAGE TRUST 2003-2
being: (Premises as follows):
318 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055
(2) To satisfy the costs against the defendant (s) you are directed to levy upon
property of the defendant (s) and sell his/her (or their) interest therein.
Curtis?R. Long,
Common Pleas,
of
PA
Date JANUARY 29, 2007
(Seal)
2uf2
No 06-6850 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK F(K/A BANKERS TRUST COMPANY OF
CALIFORNIA ON BEHALF OF VENDEE MORTGAGE TRUST 2003-2.
7105 CORPORATE DRIVE
PTX C-35
PLANO, TX 75024
VS.
TOD H. MUTHIG AND OCCUPANTS
318 STUMPSTOWN ROAD
MECHANICSBURG, PA 17055
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Att'y $ 132.30
PIK (sj $
Prothy $ 1.00
Sheriff $
Plaintiff (s) attorney name and address:
JOSEPH A. GOLDBECK, JR., ESQUIRE
GOLDBECK, MCCAFFERTY & MCKEEVER
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106-1532
215-825-6319
Attorney for Plaintiff (s)
Where papers may be served
By virtue of this writ, on the day of I caused
named to have possession of the premises described v
appurtenances, and
within
the
So Answers,
Sworn and subscribed to before me this
Day of
Prothonotary
By
Sheriff
Deputy
Ont-31-20Q8 11,ohi. From-
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T-158 P-004/008 : F- i 32
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ASS6860eS Parcel NUmbon 22-11-0278-058
ogo Doeeriptiont D167MCT: 022; CITY: MONROE TOWNSHIP; ASSESSOR'S MAP
REFERENCE; MAP 0276
Rrlef Description: MONROE MEADOWS RESIDENTIAL WITH BUILDINGS
I Certify this to be remr orded
In Cumberland County FA,., PA
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06850 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK ET AL
VS
MUTHIG TOD H ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
MTTTUTr Tnn W the
DEFENDANT , at 1839:00 HOURS, on the 6th day of December-, 2006
at 318 STUMPSTOWN ROAD
MECHANICSBURG, PA 17055 by handing to
HEATHER MUTHIG, WIFE
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: So Answers:
Docketing 18.00
Service 8.80
Affidavit .00 999
Surcharge 10.00 R. Thomas Kline
.00
36.80,/ 12/07/2006
GOLDBECK
x/1_13/6 7 L? ,
Sworn and Subscibed to By: 'ffej?uty Sheriff
before me this day
of A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06850 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK ET AL
VS
MUTHIG TOD H ET AL
RICHARD SMITH
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
OCCUPANT
the
DEFENDANT , at 1839:00 HOURS, on the 6th day of December-, 2006
at 318 STUMPSTOWN ROAD
MECHANICSBURG, PA 17055
HEATHER MUTHIG, WIFE OF TOD
by handing to
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: So Answers:
Docketing 6.00
Service .00 .?
Affidavit 00
Surcharge 10.00 R. Thomas Kline
.00
16.00 ? 12/07/2006
1/,13p, GOLDBECK MCCAFF TY MCKEEVER
Sworn and Subscibed to By:
444,t-
before me this day Deputy heriff
of A. D.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs: Advance Costs: 200.00
Sheriff's Costs 58.96
Docketing 18.00 141.04
Poundage 1.16
Advertising
Law Library
Prothonotary 1.00 Refunded to Atty on 04/02/08
Mileage 8.80
Misc.
Surcharge 30.00
Levy
Post Pone Sale
Certified Mail
Postage
Garnishee
TOTAL
58.96
? y?? y/o F
R. Thomas Kline, Sheriff
By°'
0
X3.599
?, ?t o F?y2
2 oft
No 06-6850 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK F/K/A BANKERS TRUST COMPANY OF
CALIFORNIA ON BEHALF OF VENDEE MORTGAGE TRUST 2003-2
7105 CORPORATE DRIVE
PTX C-35
PLANO, TX 75024
vs.
TOD H. MUTHIG AND OCCUPANTS
318 STUMPSTOWN ROAD
MECHANICSBURG, PA 17055
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Att'y $ 132.30
Plff (s) $
Prothy $ 1.00
Sheriff $
Plaintiff (s) attorney name and address:
JOSEPH A. GOLDBECK, JR., ESQUIRE
GOLDBECK, MCCAFFERTY & MCKEEVER
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106-1532
215-825-6319
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
ti
iof z
WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK F/K/A BANKERS
TRUST COMPANY OF CALIFORNIA
ON BEHALF OF VENDEE MORTGAGE
TRUST 2003-2
VS. No. 06-6850 Civil Term_
TOD H. MUTHIG AND OCCUPANTS
318 STUMPSTOWN ROAD
MECHANICSBURG, PA 17055
Costs
Attorney's $ 132.30
Plaintiff's $
Prothonotary $ 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))
DEUTSCHE BANK F/K/A BANKERS TRUST COMPANY OF CALIFORNIA ON BEHALF
OF VENDEE MORTGAGE TRUST 2003-2
being: (Premises as follows):
318 STUMPSTOWN ROAD, 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.
Curt' R. Long, Pro a ,
Common Pleas ourt of Cumber nd County, PA
Date JANUARY 29, 2007
(Seal)