HomeMy WebLinkAbout08-5652
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center,, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
ATTORNEY FOR PLAINTIFF
Deutsche Bank National Trust Company, as Trustee
for Vendee Mortgage Trust 2003-2, Without recourse,
Except as Provided in a Pooling and Servicing Agreement
dated October 1, 2003-2, without Recourse, Except as
Provided in a Pooling and Servicing Agreement Dated
October 1, 2003
1800 Tapo Canyon Road, MSN SV-103
Simi Valley, CA 93063
Plaintiff
vs.
Tod H. Muthig
And/Or Occupants
318 Stumpstown Road
Mechanicsburg, PA 17055
Defendants
Court of Common Pleas
Civil Division
Cumberland County
Term 6 l V I 1
No.O QSa
Please be advised that this firm is a debt collector attempting to collect a debt. Any information
received will be used for that purpose. If you have previously received a discharge in bankruptcy and
this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt
to collect a debt, but only enforcement of a lien against property.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must
take action within twenty (20) days after this complaint and notice are served, by entering a written appearance
personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth
against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR 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 INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
(888)-990-9108
AVISO
Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene veinte (20) dias de plazo ai partir de la fecha de la demanda y la
notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la
corte en forme escrita sus defensas o sus objenciones a las demanandas on contra de su persona. Sea
avisado que si usted no se dafiende, suya sin previo aviso o notificacion. Ademas, la corta puede
decidir a favor del demandanto y requiere que usted cumpla con todas las provisions de esta demanda.
Usted puede perdar dinero o sus propiedadas u o tros derachos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAY A
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
(888)-990-9108
,¦
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
Pursuant to the fair debt collection practices act, 15 U.S.C. § 1692 et seq. (1977), defendant(s) may
dispute the validity of the debt or any portion thereof. If defendant(s) do so in writing within thirty (30)
days of receipt of this pleading, counsel for plaintiff will obtain and provide defendant(s) with written
verification thereof; otherwise, the debt will be assumed to be valid, likewise, if requested within thirty
(30) days of receipt. of this pleading, counsel for plaintiff will send defendant(s) the name and address of
the original creditor, if different from above.
The law does not require us to wait until the end of the thirty (30) day period following first contact with
you before suing you to collect this debt. Even though the law provides that your answer to this
complaint is to be filed in this action within twenty (20) days, you may obtain an extension of that time.
Furthermore, no request will be made to the court for a judgment until the expiration of thirty (30) days
after you have received this complaint. However, if you request proof of the debt or the name and address
of the original creditor within the thirty (30) day period that begins upon your receipt of this complaint,
the law requires us to cease our efforts (through litigation or otherwise) to collect the debt until we mail
the requested information to you. You should consult an attorney for advice concerning your rights and
obligations in this suit.
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Deutsche Bank National Trust Company, as Trustee for
Vendee Mortgage Trust 2003-2, Without recourse,
Except as Provided in a Pooling and Servicing Agreement
dated October 1, 2003-2, without Recourse, Except as
Provided in a Pooling and Servicing Agreement dated
October 1, 2003
1800 Tapo Canyon Road, MSN SV-103
Simi Valley, CA 93063
Plaintiff
VS.
Tod H. Muthig
And/Or Occupants
318 Stumpstown Road
Mechanicsburg, PA 17055
Defendants
Plaintiff is
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
Cumberland County
Term Ot'(/i I
. No. 0i- Q/Set
Deutsche Bank National Trust Company, as Trustee for Vendee
Mortgage Trust 2003-2, Without recourse, Except as Provided in
a Pooling and Servicing Agreement dated October 1, 2003-2,
without Recourse, Except as Provided in a Pooling and
Servicing Agreement Dated October 1, 2003
1800 Tapo Canyon Road, MSN SV-103
Simi Valley, CA 93063
who is the Seller and Owner of the property at 318 Stumpstown Road, Mechanicsburg, PA 17055.
2. The name and last known address of Defendant is
TodH. Muthig
And/Or Occupants
318 Stumpstown Road
Mechanicsburg, PA 17055
who are the Buyers or Occupants of the property at 318 Stumpstown Road, Mechanicsburg, PA 17055.
r
3. On or about December 30, 2002, the Administrator of Veterans Affairs, Plaintiffs
Assignor, and Defendant entered into an Installment Contract for Sale of Real Estate for the property at 318
Stumpstown Road, Mechanicsburg, PA 17055. A true and correct copy of said contract is attached hereto,
incorporated herein by reference, and marked as Exhibit "A".
4. By Deed dated October 30, 2003, the Administrator of Veterans Affairs conveyed
its ownership rights and all interests to the subject premises to Plaintiff. A true and correct copy of said
deed is attached hereto, incorporated herein by reference, and marked as Exhibit "B".
5. Defendant is in default under the Installment Contract because monthly payments
under the contract due March 1, 2008 and each month thereafter are due and unpaid, and by the terms of
said contract, upon failure of Defendant Buyer to make such payments after a date specified by written
notice sent to the Buyer, the entire principal balance and all interest due thereon are collectible forthwith. A
true and correct copy of said notice is attached hereto, incorporated herein by reference, and marked as
Exhibit "C".
6. Notice of Intention to Terminate Installment Contract has been sent to the
Defendant by certified mail as required by Act 6 of 1974 of the Commonwealth of Pennsylvania on the date
set forth in the true and correct copy of such notice attached hereto as Exhibit "C".
7. The Temporary Stay as provided by the Homeowners Emergency Mortgage
Assistance Program, Act 91 of 1983, has terminated because Defendant has failed to meet with Plaintiff
or an authorized Credit Counseling Agency in accordance with Plaintiffs written notice to the
Defendants. A true and correct copy of said notice is attached hereto, incorporated herein by reference,
and marked as Exhibit "C".
WHEREFORE, Plaintiff seeks to recover possession of said premises.
PHELAN HALLINAN & SCHMIEG, LLP
Date: °?
By:
Michele M. Bradford, Esquire
Attorney for Plaintiff
. _
EXHIBIT "A"
*i
.6
V4FORM 26.6336e (cg)
Revised SEPT 1998
10-146-0453377
10-10-7-0018299
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, when address is Department of Veterans Affairs, Washington, D C 20420, (of the
first part) hereinafter called 'Seller', and his/her successors in such office, as such, and
TOD H. MUTHIG
(party of the second part)
hereinafter called "Buyer".
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
CH- 086696125 MllTHM
318 Stumpstown Road
THppp
Mechanicsburg, PA 17055
610 025091234 IC 081 001
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) Ronda and highways.
(7) Covenants, conditions, exceptions, reservations, restrictions, or casements 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 sewago4sposai charges for services rendered after the date of delivery of this Agreement.
(I1) 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 Mitre 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 arm 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 Ststes,or at such other place within the United States as the Seller or the Seller's
Agent, may from time to time designate in writing, at the times, in the amounts, and in the manner following:
($ 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
six percent ( 6,00 )% per amm nu, from the date of December 30 , 2002,
which said principal and interest on the unpaid portion thereof shall be payable in equal monthly installments as follows:
($ 875.34 ) on the first day of February , 2003 , and a like am on the first day of each and every
month thereafter for 359 consecutive, additional months, until said principal and interest shall have been filly 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 Ianuary , 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 13 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 coveneHs to pay the same in the manner provided in paragraph
seven hereof. Water/sewer and special assessments to be paid directly by buyer.
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 Setter and policies and renewal thereof shall be
held by Seiler and have attached thereto loss payable clauses in favor of Seiler as Secretary of Veterans Affairs in acceptable
form. In the event of loss, Buyer will give immediate notice by mail to Seller and Seiler may, but Is not under duty to make
proof of loss, if such proof is not made ly by Buyer. All insurance carriers ate hereby authorized and directed to make
payments for such lose directly to Seiler promptly 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.
1. Together with and in addition to the monthly payments of principal and interest payable under the tam 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 duo on the property
(all as estimated by Seller, and of which Buyer is ratified) 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) Tice installment for principal and interest stated in paragraph 4 which sum putts 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 trade good prior to the due date of the next payment, constitute an
event of default hereunder. The Seller may collect a 'late charge' not to exceed an amount equal to four (4%) per
eentum of the installment which is not paid within fifteen (15) days from the due data thereof, to cover the extra expense
involved in handling delinquent payments.
(d) If the total of the payments trade by Buyer under subparagraph (a) of this paragraph shall at any time in the opinion
of Seller exceed tho amount required for the payment or taxes or insurance premiums, as the case tray be, such excess
shall be credited on subsequent payments to be made by the Buyer for such items. If, however, suet monthly payments
shall not be sufficient to pay such items when the same shall become due and payable, the Buyer shall pay the Seller any
amount necessary to make up the deficiency.
(e) All payments of said items made by Seller may be in such amounts as are shown by records, or by bills obtained by
Seller, or on the basis of any other information received by Seiler, 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 piace,and only such
payments as shall be rexeipted for by the said Agent Cashier, or other payee after notice to the Buyer, shall be recognized by the
Seiler, and all other payments, if any, shall be made at the risk of the Buyer.
10. All moneys•pald 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
coven" and agrees to make prompt payment for all tabor and materials in such behalf expended and riot to suffer any
mechmrics' or materialmen's flans to attach to said property. All such repairs and alterations made by the Buyer shall inars to the
benefit of the prep" and the Seller in the event of a default in the terms of this Agreement by the Buyer. Buyer also coveaamts
and agrees to complete and pay for the following repairs of alterations within ( )
days after execution of this Agreement and that breach of this covenant will constitute an act of default.
13. No part of the property shall be used in the manufacture, sale, or distribution of intoxicating liquors.
14. In the event Buyer fails, neglects, or refuses to perform, in whole or in part, any of the covenants, agreements, or obligations
herein provided upon the part of Buyer to be perforated, 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 covenams, agreements and obligations, and to expand such
sums of money as may be reasonable therefor, or for any other purpose which in the ophdon of Seller is reasonably necessary for
the protection of Seller, Seller's lien, investment or property. All such sums of money so expended by Sethi, together with
interest thereon,, at the rate aforesaid, from the several dates of expenditure thereof until paid, shall become so mulch 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 agr$e that
such sums be otherwise repaid, in which event such repayment shall be made by Buyer to Seiler 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
hereander. Any payments made under the teams of this Agreement may, at the election of Seiler, be applied first to the
repayment of any a= Seiler shall have expended in accordance with the terms hereof.
i
?y
15. Buyer hereby assigns, transfers, and sets over to Seller, up to the amount of the total indebtedness of Buyer to Seller
hereunder, all of Buyer's right, title, and interest in or to all awards and claims in connection with condemnation 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 smy 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 now of Buyer to execute
and deliver valid acquittsoces 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 represeudng Seller,
may at the option of Seiler 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 Agmerent.
17. Bxecudon add 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 ut 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 ins payment
of any of the installments of principal, interest, or any other items herciabefore stipulated, when the same become severally due
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 duo under fire terms of this Agreement sha11, at the option of Seller, immediately become due and payable and
Seller may, at hislher option, (a) terminate by simple declaration of an eleaion so to do with or without notice, all of Buyer's
rights under this Agreemrnt and all of Buyer's right, title, and interest in the property; or (b) terminate all of Bayer's rights
under this Agreattent and all of Buyer's right, title, sad interest in the property in any appropriate proceeding, legal or
equitable; or c() enforce Buyer's obligations hereunder iu any appropriate proceeding, legal or egmltable. Buyer agrees to pay all
costs and expenses, imchrding a reasonable sum for attorney's fees incurred by Seller to terminating Buyer's rights under this
Agreement or claims to the property or is enforcing any or ail 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 d0wiludue. Buyer shall thereupon quit
and surrender to Seller without demand, peaceful possession of said promises in as good condition as they now are, reasonable
wear and tear atone 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
party.
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 ail National and State laws, statutes, and regulations, then affecting the transfer of rest estate or of eery 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 parry hereto to the other party shall be in writing and delivered in person or forwarded by certified
mail. Notices shall be addressed to the property haxinabove described unless written of a different address shall have been
previously delivered to Seller, in which event notice shall be sent to such address. Notices to Seller shall be addressed to the
Loan Guaranty Officer, Department of Veterans Affairs at the Office where this Agreement is executed until Buyer is notified in
writing of a changed address. Thereafter any notice shall be sent to the last address of which Buyer shall have been notified.
26. Buyer hereby authorizes and empowers any attorney of any court in the Commonwealth of Pennsylvania or elsewhere to
appear for them and each of them in 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 Seiler 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.
27. And the said Buyer hereby, upon the breach of any of the conditions of this Agreement, authorizes any attorney of any court
of Record to appear for them and each of them and enter an amicable action of ejectment and confess a judgment of ejectment
therein for the premises herein described and do authorize the immediate issuing and execution of a writ of habere facias
possessionem with clauses of fled facias for toots 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 say 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 sane 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 s true ropy 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 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 histaliment Agreement 13 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 owe-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 heroin 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 assomer to not
obligated to pay this fee it 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 subsegtrently revising the
ownership records when an approved transfer is completed. The amount of this charge shall not exceed $300.
IN WITNESS WHEREOF, the Seiler 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, actions
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 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 1 of the Act of July 17, 1957, P.L. 984, as amended, and is not intended as notice of
unrecorded instruments, if any.)
SEALED AND DELIVERED
IN THE PRESENCE OF
e etary of Ve1am Afhairs
_ w_ [SEAL]
BY,
Janice P. DiBenedetto
Title:. Acting, Loam tluatent?r Officer
VA Regional Office or Regional Office &
Insurance Center, Philadelphia, PA.
Te1eph0ne:215-842-2000
Pursuant to a delegation of authority in 38 CPR
36.4 36.4520.)
(Buyer)
./SEAL]
EXHIBIT "B"
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EXHIBIT "C"
ACT 91 NOTICE
(INSTALLMENT CONTRACT)
TAKE ACTION TO SAVE
YOUR HOME FROM
DATE: August 13, 2008 EVICTION
TO: Tod H. Muthig
318 Stumpstown Road
Mechanicsburg, PA 17055
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
This is an official notice that the Installment Contract on our home is in default and the lender intends to
start eviction proceedings Specific information about the nature of the default is provided in the attached
pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM MAP ma be able to hel to save
your home. This Notice explains how the pEpZM works
To see if HEMAP can help you must MEET WITH ACONSUMER CREDIT COUNSELING AGENCY
WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with ou when ou meet
the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are
listed at the end of thisotice. If you have anuestions you ma call the Penns lvania Housin Finance
Atencv toll free at 1-800-147-9107 (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you fmd a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
V
STATEMENTS OF POLICY
HOMEOWNER'S NAME(S): Tod H. Muthig
PROPERTY ADDRESS: 318 Stumpstown Road, Mechanicsburg, PA 17055
LOAN ACCT. NO.: 25091234
ORIGINAL LENDER: Deutsche Bank F/K/A Bankers Trust Company
CURRENT LENDER/SERVICER: Deutsche Bank F/K/A Bankers Trust Company
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANC L SISTANCE THAT WILL PREVENT
TERMINATION OF YOUR CONTRACT FOR THE SALE OF REAL ESTATE PENNSYLVANIE
(HE REINAFTER CALLED "CONTRACT") FROM EVICTION AND HELP YOU MAKE
FUTURE INSTALLMENT PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (TIC "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 CONTRACT
PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF TERMINATION OF YOUR CONTRACT-Under the Act, you are entitled to a
temporary stay of eviction on your contract for thirty three (33) 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 (33)
DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST
BRING YOUR CONTRACT UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR CONTRACT DEFAULT' EXPLAINS HOW TO BRING YOUR CONTRACT UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-If ou meet withone of the consumer credit
counselin a envies listed at the end of this notice the lender in NOT take action a ainst ou for th'
(30) davs after the date of this rtv
meetine The names addresses and telephone numbers
consumer credit counselor encies for the county m which the r of des ated
of this Notice. It is only necessary to schedule one face-to-face meeting. lAdvise your lender immediately
of your intentions.
iately
APPLICATION FOR CONTRACT ASSISTANCE-Your contract is in a 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 sign and file a completed Homeowner's Emergency Assistance Pro ' To do so, you must fill out,
designated consumer credit counseling agencies listed at the end of this Notice. Only with
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 (30) 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, EVICTION
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
CONTRACT ASSISTANCE WILL BE DENIED.
AGENCY ACTION Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no eviction 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 Emeruenev Mnr.a9-o A.... ...
HOW TO CURE YOUR CONTRACT DEFAULT (Bring it u to date).
NATURE OF THE DEFAULT-The CONTRACT debt held by the above lender on your property located
at: 318 Stumpstown Road, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY CONTRACT PAYMENTS for the following months and the
following amounts are now past due: Start/End: 3/01/08 through 8/01/08 at 2 @ 1,180.07; 4 @ 1,196.80
per month.
Monthly Payments Plus Late Charges Accrued: $7,460.89
NSF: $0.00
Inspections: $90.00
Other - Foreclosure Fees: $1,189.57
(Suspense): $1,431.70
Total amount to cure default $7,308.76*
See paragraph below headed
"HOW TO CURE THE DEFAULT"
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A
*HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS from the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$7,308.76, PLUS ANY CONTRACT PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERIOD. Because of interest, late charges, and other charges that may
vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount
shown above, an adjustment may be necessary after we receive your check, in which event we will inform
you before depositing the check for collection. For further information, write the undersigned or call and
ask for the Reinstatement Department. Payments must be made either by cash cashier's check certified
check or money order made payable and sent to PHELAN HALLINAN & SCHMIEG, L.L.P., One
Penn Center at Suburban Station, 1617 JFK Blvd., Suite 1400, Philadelphia, PA 19103-1814. You
can cure any other default by taking the following action within THIRTY (30) DAYS from the date of this
letter. (Do not use if not applicable) N/A
IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) DAYS from
the date of this Notice, the lender intends to exercise its ri ghts to accelerate the contract debt The means
that the entire outstanding balance of this debt will be considered due immediately and you may lose the
chance to pay the contract in monthly installments. If full payment of the total amount past due is not made
within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to start
eviction proceedings upon your contract property
IF THE CONTRACT IS TERMINATED- 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 to the lender, which may also
include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not
be required to nav attorney's fees
OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance
and all other sums due under the contract.
RIGHT TO CURE THE DEFAULT PRIOR TO EVICTION-If you have not cured the default within the
THIRTY (30) DAY period and eviction proceedings have begun,
h?a
an d revent the eviction at an time u to one hour before the evicuon.sYou may do so b to auin ththe totals
amount then ast due lus an late or other char es then due reasonable attorne 's fees and co is
conic d with the eviction and an other costs connected with the eviction ass cified in writing b the
lender and b rfonnin ----other re uirements under the contract. Curing your default in the manner set
forth in this notice will restore your contract to the same position as if you had never defaulted.
EARLIEST POSSIBLE EVICTION DATE-It is estimated that the earliest date that such eviction from the
property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice
of the actual date of the eviction will be sent to you. Of course, the amount needed to cure the default will
increase the longer you wait. You may fmd out at any time exactly what the required payment or action
will be by contacting the lender.
HOW TO CONTACT THE LENDER: Attorney Representing Lender:
PHELAN HALLINAN & SCHMIEG, L.L.P.
One Penn Center at Suburban Station
1617 John F. Kennedy Blvd., Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000 Attention: Reinstatement Department
EFFECT OF EVICTION You should realize that an eviction will end your interest in the property and your
right to occupy it.
YOU MAY ALSO HAVE THE RIGHT
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 CONTRACT RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY EVICTION PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE CONTRACT DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THE LENDER
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED
I 1 .1 i
If this is the first notice that you have received from this office, be advised that: you may dispute the
validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from receipt
of this letter, this firm will obtain and provide you with written verification thereof; otherwise the
debt will be assumed to be valid, Likewise, if requested within thirty (30) days from receipt of this
letter, the firm will send you the name and address of the original creditor if different from above.
Very truly yours,
PHELAN HALLINAN & SCHMIEG, L.L.P.
FH/mas
Cc: Countrywide Home Loans, Inc.
Attn: Lucia Ojeda Account No.: 25091234
Mailed by 1" Class Mail and by Certified Mail
t
HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
LI Report last updated: 10/1512007 10:03:08 AM
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Unglestown Road
Harrisburg, PA 17102
488.511.2227
,community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
I_oveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
F'HFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
. . ,«
VERIFICATION
Michele M. Bradford, Esquire hereby states that she is the Attorney for the Plaintiff in
this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification
could not be obtained within the time allowed for the filing of the pleading, that she is
authorized to take this Verification, pursuant to Pa. R.C.P. 1024 (c) and that the
statements made in the foregoing Civil Action in Ejectment are true and correct to the
best of her knowledge, information and belief. Furthermore, it is counsel's intention to
substitute a verification from Plaintiff as soon as it is received by counsel.
The undersigned understands that this statement is made subject to the penalties of 18 Pa,
C.S. Sec. 4904 relating to unsworn falsification to authorities.
Date: 9 k3 d,?
Michele M. Bradford, Esquire
Attorney for Plaintiff
711 :,-i
j 47
y."
IV
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t
CASE NO: 2008-05652 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
MUTHIG TOD H ET AL
NOAH CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
MUTHIG TOD H
was served upon
the
DEFENDANT , at 1725:00 HOURS, on the 29th day of September, 2008
at 318 STUMPSTOWN ROAD
MECHANICSBURG, PA 17055
TOD H MUTHIG
by handing to
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
iol D lb f .
18.00
10.00
.00
10.00
.00
38.00
Sworn and Subscibed to
before me this
day
So Answers:
R. Thomas Kline
10/01/2008
PHELAN HALLINAN SCHMIEG
By:
Deputy Sheriff
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-05652 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
MUTHIG TOD H ET AL
NOAH CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
n(1r1T7DAN71rQ the
DEFENDANT , at 1725:00 HOURS, on the 29th day of September, 2008
at 318 STUMPSTOWN ROAD
MECHANICSBURG, PA 17055
HEATHER MUTHIG
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:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
ta/oF%P- 16.00
Sworn and Subscibed to
before me this day
So Answers:
A
R. Thomas Kline
10/01/2008
PHELAN HALLINAN SCHMIEG
By: Deputy Sheriff
of A. D.
T
/- f%
LEON P. HALLER, ESQUIRE
PURCELL, KRUG & HALLER
1719 NORTH FRONT STREET
HARRISBURG, PA 17102-2392
(717)234-4178
ATTORNEY FOR DEFENDANT
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR
VENDEE MORTGAGE TRUST 2003-2,
WITHOUT RECOURSE, EXCEPT AS
PROVIDED IN A POOLING AND
SERVICING AGREEEMNT DATED
OCTOBER 1, 2003-2, WITHOUT
RECOURSE, EXCEPT AS PROVIDED IN
A POOLING AND SERVICING
AGREEMENT DATED OCTOBER 1,
2003
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: CIVIL TERM
VS.
TOD H. MUTHIG AND/OR OCCUPANTS
Defendant
TO: Michael M. Bradford, Esquire
Phelan Hallinan & Schmieg, LLP
Suite 1400
One Penn Center
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
NO. 08-5652
: CIVIL ACTION LAW
NOTICE
You are hereby notified to file a written response to the within Defendant's Answer with
New Matter within twenty (20) days from service hereof or a judgment may be entered against you.
Respectfully %pbr9lted,
Le-6h P. Haller, Es ire
Attorney ID # 15700
PURCELL, KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Dated: October 24, 2008 Attorneys for Defendant, Tod H. Muthig
ri
LEON P. HALLER, ESQUIRE
PURCELL,KRUG & HALLER
1719 NORTH FRONT STREET
HARRISBURG, PA 17102-2392
(717)234-4178
ATTORNEY FOR DEFENDANT
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR
VENDEE MORTGAGE TRUST 2003-2,
WITHOUT RECOURSE, EXCEPT AS
PROVIDED IN A POOLING AND
SERVICING AGREEEMNT DATED
OCTOBER 1, 2003-2, WITHOUT
RECOURSE, EXCEPT AS PROVIDED IN
A POOLING AND SERVICING
AGREEMENT DATED OCTOBER 1,
2003
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs.
TOD H. MUTHIG AND/OR OCCUPANTS
Defendant
CIVIL TERM
NO. 08-5652
: CIVIL ACTION LAW
DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER
AND NOW comes Defendant, Tod H. Muthig, by his attorneys, Purcell,
Krug & Haller and answers the Complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted and part and denied in part. It is admitted that Defendant has
failed to make certain payments as required under the Installment
Agreement. It is denied that all sums are due and owing. It is specifically
denied that the amounts owed are those set forth in the Notice of Default.
It is further specifically denied that the foreclosure fees as claimed are
those due and owing.
6. Admitted.
7. Admitted in part and denied in part. It is admitted that Pennsylvania Act 6
of 1974 notice was received by mortgagors. It is denied that Defendant
purposely failed to meet with Plaintiff or an authorized credit counseling
agency for the reasons specified in New Matter.
NEW MATTER
8. Defendant incorporates herein by reference the averments of Paragraphs 1
through 7 of the Complaint.
9. Countrywide Home Loans, Inc. (hereinafter "Countrywide) is the servicer
of the within Installment Sales Agreement
10. Following receipt of the Act 91 Notice as specified in Plaintiff s Exhibit
"C", Defendant immediately contacted Countrywide to attempt resolution.
11. Countrywide forwarded paperwork to Defendant which was immediately
returned. Countrywide's representative indicated that the matter would be
reviewed immediately.
12. Plaintiff s representative, at the end of August, stated that Countrywide
did not receive the correct paperwork even though Defendant returned the
paperwork requested.
13. Defendant again sent requested paperwork on September 14, 2008 and
Countrywide's representative stated that the papers would be forwarded to
a "negotiator".
14. Defendant, as of October 15, 2008, was still being advised that the matter
was awaiting a "negotiator".
15. During the time which Defendant was attempting to reach an agreement
with Countrywide, Defendant was lead to believe that any default could be
resolved and there was no need to proceed and contact appropriate
counseling agency.
16. Defendant has been prejudiced by the conduct of Plaintiff in its failure to
immediately review workout and/or modification request and Plaintiff has
served the within action in bad faith.
17. Plaintiff, by its conduct, is estopped from proceeding with this legal
action.
WHEREFORE, Defendant requests that the Complaint be dismissed.
PURCELL, KRUG & HALLER
By:
Leon P. Haller
1719 North Front Street
Harrisburg, PA 17102-2392
(717)234-4178
Attorney ID # 15700
Attorney for Defendant, Tod H. Muthig
Dated: October 24, 2008
..
CERTIFICATE OF SERVICE
I, Leon P. Haller, Attorney for Defendant, Tod H. Muthig., hereby certify
that a true and correct copy of the foregoing Defendant's Answer to Complaint was
forwarded to the following individuals by regular U.S. Mail, first class service, postage
prepaid, on October 24, 2008, addressed as follows:
Michael M. Bradford, Esquire
Phelan Hallinan & Schmieg, LLP
Suite 1400
One Penn Center
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
Dated: October 24, 2008 Leon . Haller
VERIFICATION
I, Tod H. Muthig, verify that the statements made in the foregoing
Defendant's Answer to Complaint With New Matter are true and correct.
I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
7- 4
H. Muthig
Dated: )0)231,
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PHELAN HALLINAN & SCHMIEG, LLP
BY: Joseph P. Schalk, Esquire
Identification No.: 91656
107 N. Front Street
Suite 115
Harrisburg, PA 17101 Attorney for Plaintiff
(215) 563-7000
Court Of Common Pleas
Deutsche Bank National Trust Company,
As Trustee for Vendee Mortgage Trust Civil Division
2003-2, Without Recourse, Except as
Provided in a Pooling and Servicing Cumberland County
Agreement Dated October 1, 2003-2
No. 08-5652
Plaintiff
vs.
Tod H. Muthig and/or Occupants
Defendant
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
Plaintiff, Deutsche Bank National Trust Company, As Trustee for Vendee Mortgage Trust 2003-
2, Without Recourse, Except as Provided in a Pooling and Servicing Agreement Dated October 1, 2003-
2, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of
Defendant's Tod H. Muthig and/or Occupants and in support thereof states as follows:
Plaintiff incorporates herein by reference the averments of paragraphs one (1) through
seven (7) of its Complaint as if set forth herein at length.
9. Admitted.
10. Denied. Plaintiff s counsel is without information or knowledge sufficient to form a
belief as to the truth of the within averment. Strict proof is demanded.
11. Denied. Plaintiff's counsel is without information or knowledge sufficient to form a
belief as to the truth of the within averment. Strict proof is demanded.
12. Denied. Plaintiff's counsel is without information or knowledge sufficient to form a
belief as to the truth of the within averment. Strict proof is demanded.
13. Denied. Plaintiff's counsel is without information or knowledge sufficient to form a
belief as to the truth of the within averment. Strict proof is demanded.
14. Denied. Plaintiffs counsel is without information or knowledge sufficient to form a
belief as to the truth of the within averment. Strict proof is demanded.
15. Denied. Plaintiff s counsel is without information or knowledge sufficient to form a
belief as to the truth of the within averment. Strict proof is demanded.
16. Denied. The averment of paragraph sixteen (16) contains a conclusion of law to
which no response is necessary. To the extent that a response is required, it is specifically denied
that Plaintiff s served its Complaint in bad faith as there in no bar against Plaintiff proceeding with
its Complaint while continuing to negotiate a possible resolution to the default under the terms of
the installment contract. Strict proof to the contrary is demanded.
17. Denied. The averment of paragraph seventeen (17) contains a conclusion of law to
which no response is necessary. To the extent that a response is required, it is specifically denied
that Plaintiff should be estopped from proceeding with this legal action. By way of further response,
Defendant's application for PHFA assistance has been denied and at this time does not stand ready,
willing, and able to cure the default under the terms of the installment contract. Strict proof to the
contrary is demanded.
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and
against Defendant as requested in Plaintiffs Complaint.
Respectfully submitted,
PHELAN HALLINAN & SCHMIEG, LLP
Date: January 23, 2009 BY:
Jo ep P. balk, Esquire
t
Atto ey for Plaintiff
VERIFICATION
Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that
he is authorized to make this verification, and that the statements made in the foregoing Reply to New
Matter are true and correct to the best of his knowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsifications to authorities.
PHELAN HALLINAN & SCHMIEG, LLP
Date: January 23, 2009 BY:
JoCVv . balk , Esquire
Afor Plaintiff
107 N. Front Street, Suite 115
Harrisburg, PA 17101
(215) 563-7000
PHELAN HALLINAN & SCHMIEG, LLP
BY: Joseph P. Schalk, Esquire
Identification No.: 91656
107 N. Front Street
Suite 115
Harrisburg, PA 17101
(215) 563-7000
Deutsche Bank National Trust Company,
As Trustee for Vendee Mortgage Trust
2003-2, Without Recourse, Except as
Provided in a Pooling and Servicing
Agreement Dated October 1, 2003-2,
Without Recourse, Except as Provided
in a Pooling and Servicing Agreement
Dated October 1, 2003
Plaintiff
vs.
Attorney for Plaintiff
Court Of Common Pleas
Civil Division
Cumberland County
No. 08-5652
Tod H. Muthig and/or Occupants
Defendant
CERTIFICATION OF SERVICE
I certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent via
first class mail to the person listed below on the date indicated:
Leon P. Haller, Esquire
1719 North Front Street
Harrisburg, PA 17102-2392
Date: January 23, 2009
?'?--
Jos P. chalk, Esquire
Atto ey for Plaintiff
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Phelan, Hallinan & Schmieg, LLP
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq. Id. No. 58745
Sheetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq., Id. No 202331
Jay B. Jones, Esq., Id. No. 86657
Peter J. Mulcahy, Esq. Id. No. 61791
Andrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id. No. 94620
Joshua I. Goldman, Esq., Id. No. 205047
Courtenay R. Dunn, Esq., Id. No. 206779
Andrew C. Bramblett, Esq., Id No. 208375
One Penn Center At Suburban Station
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
Deutsche Bank National Trust Co., As Trustee
For Vendee Mortgage Trust 2003-2, without
Recourse, Except as Provided in a Pooling and
Servicing Agreement Dated October 1, 2003-2,
Without Recourse, Except As Provided in a
Pooling and Servicing Agreement Dated
October 1, 2003
Plaintiff
VS.
Tod H. Muthig
318 Stumpstown Road
Mechanicsburg, PA 17055
Defendant
PHS: 183742
Attorney for Plaintiff
Court of Common Pleas
Civil Division
Cumberland County
No.: 08-5652
PRAECIPE
TO THE PROTHONOTARY:
X Please mark the above referenced case Discontinued and Ended without
prejudice.
Please mark the above referenced case Settled, Discontinued and Ended.
Please mark Judgments satisfied and the Action settled, discontinued and
ended.
Please Vacate the judgment entered and mark the action discontinued and
ended without prejudice.
Please withdraw the complaint and mark the action discontinued and
ended without prejudice.
Date: l <(T-
Phelan, Hallinan & ?, LLP
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq. Id. No. 58745
,,,-S'F&etal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq., Id. No 202331
Jay B. Jones, Esq., Id. No. 86657
Peter J. Mulcahy, Esq. Id. No. 61791
Andrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id.No.94620
Joshua I. Goldman, Esq., Id. No. 205047
Courtenay R. Dunn, Esq., Id. No. 206779
Andrew C. Bramblett, Esq., Id No. 208375
Attorney for Plaintiff
PHS: 183742
Phelan, Hallinan & Schmieg, LLP
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq. Id. No. 58745
Sheetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq., Id. No 202331
Jay B. Jones, Esq., Id. No. 86657
Peter J. Mulcahy, Esq. Id. No. 61791
Andrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id. No. 94620
Joshua I. Goldman, Esq., Id. No. 205047
Courtenay R. Dunn, Esq., Id. No. 206779
Andrew C. Bramblett, Esq., Id No. 208375
One Penn Center At Suburban Station
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
Deutsche Bank National Trust Co., As Trustee
For Vendee Mortgage Trust 2003-2, without
Recourse, Except as Provided in a Pooling and
Servicing Agreement Dated October 1, 2003-2,
Without Recourse, Except As Provided in a
Pooling and Servicing Agreement Dated
October 1, 2003
Plaintiff
vs.
Tod H. Muthig
318 Stumpstown Road
Mechanicsburg, PA 17055
Defendant
Attorney for Plaintiff
Court of Common Pleas
Civil Division
Cumberland County
No.: 08-5652
PHS: 183742
CERTIFICATION OF SERVICE
I hereby certify a true and correct copy of the foregoing Praecipe to mark the action
discontinued and ended, without prejudice, was served via regular mail on Defendants on
the date listed below:
Leon P. Haller, Esquire
Purcell, Krug and Haller
1719 North Front Street
Harrisburg, PA 7102-2392
Date:
Phelan, Hallinan & S Wig, LLP
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq. Id. No. 58745
Sheetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq., Id. No 202331
Jay B. Jones, Esq., Id. No. 86657
Peter J. Mulcahy, Esq. Id. No. 61791
Andrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id.No.94620
Joshua I. Goldman, Esq., Id. No. 205047
Courtenay R. Dunn, Esq., Id. No. 206779
Andrew C. Bramblett, Esq., Id No. 208375
Attorney for Plaintiff
PHS: 183742
RLS?JCE
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