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HomeMy WebLinkAbout10-3280GOLDBECR McCAFFERTY & McREEVER SUITE 5OO - MELLON INDEPENDENCE CENTER 7O1 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF ~~i_....v ii ~ ~`.:v. Zo~a ~~~~~ ~ ~n-' ~, DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATE HOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW Plaintiff vs. MELVIN L. LINE DERRICK R. MILLER and OCCUPANT(S) 550 West Penn Street Carlisle, PA 17013 Defendant(s) NOTICE ACTION OF EJECTMENT Term nn No. 1 O -301$0 l.:tvi ~ 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. O $4a.oo Pa ~~ C(L~ 53a0 ~5 ~,* a~laaa9 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. PARR DEFENDERSE ES NECESSARIO QUE USTED, 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 LISTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE LISTED 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. CIVIL ACTION -EJECTMENT Plaintiff, DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATEHOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES is the owner of the real property and improvements located at 550 West Penn Street, Carlisle, PA 17013 which is more fully described in Exhibit A. ("Property"). 2. Plaintiff acquired the Property from the Secretary of Veterans Affairs by deed dated September 26, 1996 and recorded November 26, 1996 in Book 707 page 1996-033827. ("Deed") 3. The Secretary of Veterans Affairs entered into an Installment Contract for the Sale of Real Estate with MELVIN L. LINE and DERRICK R MILLER dated . ("Installment Contract") 4. Plaintiff is the current holder of the Installment Contract by an Assignment dated July 29, 1996 page . Defendants occupy the Property subject to the rights of the ownership of Plaintiff as more fully set forth in the Deed and Installment Contract. Defendants are required to make monthly payments as more fully set forth in Installment Contract to Plaintiff. Defendants have failed to make payments since and are otherwise in breach of their obligations under the Installment Contract. Total amount due is as follows: $75,626.57. Plaintiff is entitled to immediate possession of the Property. 9. Plaintiff has repeatedly demanded possession of the property from the Defendants and Occupants who have refused to deliver up possession of the property. 10. On, November 17, 2009, Plaintiff sent to Defendants and Occupants Notice of Intention to Terminate Installment Plan and Notice of Homeowners' Emergency Assistance as required by ACT 160 of 1998. To date, Defendants and Occupants have not made payments as more fully set forth in Exhibit "B". WHEREFORE, Plaintiff demands Judgment for Possession of e roperty known as 550 West Penn Street, Carlisle, PA 17013 and for Termination of the Installi~ontract. By: GOLI~B ' M CAFFERTY & MCKEEVER •~Vlichael c ver Pa. ID 56129 Gary McCa erty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff VERIFICATION I, ~ ~;~(, ~~ 1~ ~`~~`~ , 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: ~ `~~ ~ ~~ AV!®~ yil67e!!9y M~ 1r~6~T~Mri!7~ #873324830 - MELVIN L. LINE and DERRICK R. 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J~ N ~ QU m~ O caF-ZW aOQU 3.nw ~ INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE-PEN SYL AN A 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 AGREEME3~iT, made the 29t1i day of July .1996 by and between the Secretary of Veterans Affairs, an Offtccr of the United States of America, whose address is Department of Yeterans Affairs, Wash- ington, DC 20420, (of the first pan) hereinafter called the Seller and the successors in such office, as such, :tnd Melvin L. Line fi Derrick R.C. Miller (of tltc second part) hcrcinaftercalli:d the Buyer. ' 2. WITNBSSB'1'Ii, Tltat it is mutually agreed as follows: The Seiler hereby agrees [o sell to du: Buyer atW tltc Buyer hereby agrees to purchase from the Scllcr all that real property situated in The Borough of Carlisle ,County of Cumberland and Commonwealth of Pennsylvania, herein referred to as °thc pmpcny' and more fully described as follows: 550 W. Penn Street Carlisle, Pa. 17013 3. This Agreement is made subject to: (1) Existing leases and to rights, if arty, of pcrsotts in pocscssion, iC any. (2) The general [arts and special aSSessmenls 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 righLS or agreements, {6) Roads and highways. (7) Covenants, conditions, exceptions, reservations, restrictions, or easements of record. (8) Rights of all patties 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 Agrcc+ncnt. (11) A11 contracts or agreements, recorded or unttcorded, for furnishing gas, electricity, wafer, or sewage-disposal service. (l2) The constitution, bylaws, rules, regulations, restrictions, charges, or assessments of any civic improvementor olficr association,corpora- lion, or district, which affect [he property. (13) Coal Notice undec the Bituminous Mine Subsidence and land Conscrvatiun Acl of i 966 attached. The Buyer shall indemnify and save harmless the Scilu Cram 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 the Scllcr for the property the snot of Ninety Five Thousand One ..............Dollar: in lawful money of the United States of America at tttc (Regional Ofl'icc) (Center), Dcpanntcnt of Veterans Affairs, an Agency of the United States, or at such other place within the United States as the Scllcr or the Scllcr's Agent, may from time to time designate in writing, at the times, in dtc amounts, and in the manner following: One Thousand One ............................... 1 001.00 execution and delive of this A Dollars (S ~ ) in cash prior to or upon the ry greement, the receipt wherwf is hereby acknowledged: and the balance of Ninety Four Thousand . . ......................... . . Dollars (S 94 , 000.00 ) herein referred to as "principal sum" or as 'principal,' with interest thereon at the rate of Eight perccttt ( $ %) per annum from the date of July 29 19g(r, which said principal and +ntcrcsl on the unpaid portion thereof shall be payable in equal monthly installments as follows: Six Hundred Eighty Nine and 75J100 . . . . ........... •Dollars (S 689.75 ) on the first dap of September .1996 , and a like sum on [hc first day of each +nonth thereafter for Three Hundred Fifty Nine 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 August 2025 Of the total purchase price paid for the srid dcscribctl property, tltc amount of 3 ^----------- is a rchabili4ation loan granted pursuant to Public Law 10p-198, to be disbursed under a scpar~tc Escrow Agreement which rchabililation loan bcar5 the sans raft of interest as the balance of the amount remaining and to be paid for the property. VA FORM 26-6336e APR 1993 ExKtar~NA~. Except as hereinafter otherwise provided, each payment made hereunder shall be credited first on the interest then due as herein provided ar7d•t e remainder shall tee credited upon the unpaid principal. Additional payments of principal in any amount not less than the amount of Dire trtotxhly ~ . s ~ installment at above provided, or One Hundred (Sl00.00) Dollars, whichever is less, may he made at any titt-t: and shall be credited op [he unpaid principal sum in such mannerrs the Buyer may elect, or in the :lbscnce of such election, as Seller may elect. i 5. All real estate lazes, water rents, sewer drarges, assrssrrxnls, ultd otltcr charbc-s payable in years snbx gncnt to the year 1996 or levied after the date of execution of ehir• Agreement, or for improvements which are nut [hen contplcted upon the property, are and shall !re the obliga- tion of the Buyer, and Buyer covenants to pay flit: satrx: in flu amnttcs provided in paragraph .even ftrrrof. ! i Water/sewer and special assessments to be paid directly by buyer. 6. Buyer shall obtain and continuously maintain ltazanl 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 Sel lcr and policies and renewal thereof shat l he held by Seller and have attach d , , t t{I osst payable clauses in favor of Seller as Secretary of Veterans Affairs in acceptable form. [n the event of loss, Buyer will give im ~~ oliee 'iitayyYtp Seller and Seller may, but is not under any duty to make proof of loss, if such proof is not made promptly by Buyer. All i ce carriers are heFebyAuthorized anJ directed to make payments for such loss directly to Sellcr instead oC to Buyer nerd Seller jointly. The s from the paymenL6f spch loss or any part thereof may be applied by Seller either to reduction of the indebtedness or to tFtc restoration a dl~peir of the property.,damag .. -~`~:r `. • . ~. 7. Together with and in addition to the monthly payments of principal and interest payable under the mss;hereof, Buy''er will"pay t • - flee on [fie first day of each month until the terms of [his contract have been fully complied with. the followings :`, ; t~_._'~'-' .~, ., ~. . (a) Such amount or amounts as may he nccess:rry fo equal all or any of Ihr premiums which next lxromCdue and payable t{ft llylt policy or policies of fire nett other hazard insurance covering the property. plus taxes,~t~ " ' next due on the property (ail as estimated by Seller, and of whit)[ Buyer is notified) less all sums already paid therefor d'rvlded by the number of months to etapx before one month prior to dte Bute when such prcmiuuts, taxes,~lQRrxtitA itfldMx'eCa67[Kldt[I[ill become delinquent, such sums to be held by Seller in Trust (irrevocable unfit all oC Buyer's obligations under this Agreement arc discharged) to pay said premiums, taxes, vitlgt4C7C4tN~]cgf~%RQhAItl;~C7LiF[Ud76plXjtrkAS7lC6At70Q[ik9t- (b) The installment for principal •rnd interest state) in pantgrrph 4 which sum plus the amounts payable pursuant to subparagraph (a) of [his paragraph shall ix paid in a single paymem each month- Except as otherwise provided in paragraph 14, stick Iztyment shat) be applied to the items and in the order stated below: I. Taxes, w~tr~trx~gl),y(gpk,y,lyk~~fire anJ other hazard insurance premiums; II. lntercst on the unpaid portion of the principal; and III. Unpaid principal. (c) Any deficiency in any such payment shall, unless nv~de gocxl prior to the due date of the next payment, constitute aneventofdefauli fiereun- der. The Seller may collect a ''late charge" not ro exceul un unx>tutt equal m four (49F) per crnttlm of the installment which is not paid within f iltcen (I S) days from the duo date thereof, u, cover the exlm expense involved in harttlling 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 [axes X^H~fP1l11FfIS1li@RYf~~ltltSC7CCCrClICt. or insurance premiums, as the tax may bc, such excess shall tx crediteO on subsequent payrrients to be made by tree Buyer for such items. if, however, such monthly payments shall not be suffi- cient to pay such items when the some shall become due and payable, the Buyer shall pay the Seller any amount necessary to make up the deficiency. (e) All payments oC said items made by Sc{Ice may tx; in such amounts us arc shown by reclmis, or by bills obtained by Seller, or on the basis of any other information received by Seller, ur he due, payable, past due, or delinyuent on account thereof: If requested by Setter, Buyer shall promptly obtain, approve and deliver to Seller alt bills for said items. 8. Buyer covenants and agrees to deposit with Seller at rho execution and delivery of this Agrcement an amount to be determined by Seller to be required to meet the payments of taxes, ytgltytgM/FRRhatl~Gf[t61ta47at<:~aommto¢ttvctnd any premiums for hazard insurantt which it may be necessary to pay prior to the accumulation of a fund sufficient therefor us 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 a[ 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 noice 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 wish the Treasurer of the United States who is hereby authorized to commingle the same with the general !'ands of the United States. Pia interest shall be payable on the funds received by Seller for any purpose pursuant to any provision of this Agreement. 1 I. Buyer covenants not [o commit, permit, or suffer any waste to the property and to keep 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 to comply with all laws and ordinances which may in any manner affect the propcriy. !2. The buyer is authorized and permitted to =Hake such repairs, altcralians, and renovations to said property as desired and determined to be neces- sary at Buyer's awn expense and without arty liability on the part of the Seller fM same, ax arc approved in advance try the Setter. Faifi~rc of the Buyer to obtain advance approvri for repairs, alterations, and renovations, to wid property, mry a1 Ute option of the Sellcr, 6e considered a breach of the terms of this agreement and an net of default. Buyer further covenantx and agrees to make prompt payment for all labor and materials in such behalf expended and not to suffer any mechanics' or materialmen's liens to attach to said property. All such repairs and alterations made 6y the Buyer shall inure to the benefit of the properly and the Seller in eke event of a default in the terms of this Agrtxtrtent by the Buyer. Buyer also covenants acrd agrees to complete and pay for the following repairs of alterations within ( )days after execution of [his Agreement and that breach of [his covenant will constitute an net of default. 13. Plo part of the property shall be used in the manufacture, sale, or distribution of inroxicating liquors. 14. In the event Buyer fails, neglects or rcfuxs to perform, in whole or in part, any of the covenants, agreements or obligations herein provided upon the part of Buyer to !x performed, Seller is hereby authorized and empowered, without notice and at the cost of Buyer, to perform or caux !o lx 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, [ogeffier with interest thereon, at the rate aforesaid, from the xveral dates of expenditure thereof until paid, shall become so much additional indebtedness under this Agreement and shalt be repaid by Buyer to Sel ter, in lawful money of the United States of Ameri- ca, immediately and without demand, at rho 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 ntatk by buyer to Scllcr at such times and in such manner ac Belles shall seyuite. Any failure, ttegltxt, or refusal by Buyer to repay such stuns as herein provided shall constiWtc default hcrcundcr. Any payments mrdc under the terms of ibis Agreement may, al the election of Seller, be applied first to the repayment of any runts Setter shah have expended in accordance wi th the terms hereof. 15. Buyer hereby assigns, transfers and sets over to Scttcr, up to the amount of the total irtdcbicdncss of Buyer to Seller hercunJer, all of Buyer's right, title artd interest in or to all awrrcls and claims in connection with the condemnation oCany oCthe properly for lmbtic use, or for injury to any portion thereof, and the proceeds ofall such awards orclailnc afterpryrnem therefrom of all reasonable expenses incurred, including fees forauomeys representing Scllcr in any such pttxccding, shall be paid to Scllcr nltcl Buyer's obligation hcrcundcr shall thereby be rcdtrccd an equal amount ezccpt to the extern Scllcr steels w use the funds to improve the property in accordance with paragraph 1G. Scllcr is hereby authorized in the name of Buyer to exceutc and deliver valid acyuiuatttxs therax>f and to appeal from or otherwise appropriately litigate any or all of such awanls or claims. Scllcr shall be under no obligation hereunder To sell or convey all or any pan of the properly, or right or interest lhercin which is condemned. I G. AI[ moneys received by Seller under any policy or policies of insurance or any condemnation award or other award after payment Therefrom of all reasonable expenses incurred in connection therewith, including fees for attorneys represcming Seiler, Wray al the option of Scllcr be used for the purpose of repairing, restoring or improving the drnragul structure upon tlx: pnrttcny or Wray be credited un the indebtcdncss in accordance with the provisions of this Agrccmcnt. 17. Execution and acceptance of this Agrccmcnt by the Buyer cunxtitutes delivery w and acccpWncc by the 8uycr of pe>sscssion of the properly herein described, and the buildings and intproven>ents theroon erected, and acknowledgment by the Buyer that the property, and the buildings and improvunems [hereon cr'cctcd, Mavc been inspected and examined, thrt buyer is satisfied with its and their condition, and that the property and the buildings and improvements Thereon cn:cted in such condition arc being bought and accepted without any rcprescntation whatsoever by ehe Scllcr, except as may be provided in paragraph 11 of Agrccmcnt of Sale dated June 19 1996 .The Buyerassunees responsibility £or in}ury or death on or arising out of the pmpcrty and assumcc the risk otiose or damage to the buildings now situate, or hereafter consuvctcct, in or upon vtid property by lire, casualty, or other happening and shall indcnmify and save the Scllcr haanlcss fmm aR loss arising from os by reason uftbcsc events orincidcnts. I8. Timeisofthccsscnceofthiscontraclandifdcfautlbcntadcandunuinucdforapcriodofshirty(30)daysinthcpaymcntof4nyofthcinsWllntcnts of pcittcipal, interest, or any other item hereinbefore stipulated, when the same become severally due hcrcundcr, or in the payment of any other sum herein agreed To be paid by Buyer, or i f default be made i n the pcrformancc by Buyer of ar>y other Agtt:cmcnt, covenant or obligation of Buyer hcrcun- dcr, or in the payment of taxes, water rents, sewer charges, assessments, or oihcr charges which may be made or Icvicdrgainst said property subse- qucnt to the execution and delivery of this Agrcernent which the Buyer is ob[igatcd to pay promptly bcftm default, or if the Buyer should fail or refuse to produce pmpcr receipts for the payment of rants; or if the Buyer should permit the filing of any mechanic's or rna[crialman's lice against said property or commit any wuste tht:rcuf, then iu any of xrid evcnL~, the whole mrpaid balance and ttll inlcrCSl thereon due under the tcnns of this Agree- ment shall, a[ the option of the Scllcr, inmtedialcly become due arxl payable and may be enforced •rnd recovered at once, anything lhercin container! to the contrary notwitfistanding, and Scl{cr may (a) Icnninate, with or without notice and with ur without judicial procccxiings, all of Buyer's right, title, and interest in the properly; or (b) enforce 8uycr's obligation hereunder in any appropriate prot:ceding, Icga1 or cyuitablc. Buyer agrees to pay alt costs and expenses, including a reasonable cunt for attorney's fees incurred by Scllcr in temtinating Buyer's rights under this Agrccn>ent or claims in the properly or in enforcing any or all of the ternLa of this Agreement, and in appropriate judicial prcx:ccdings, if any arc initiated to establish or maintain Scllcr's right or' tills to, anJ possession of said prul>crty after breach by Duycr, t-rcc of any title c>r claims of Buyer. 19. Upon Scllcr cxcrcising the right of tcrlitinalion as provided hcwin, ell rights, estate and imcrest hcrcby crcattxc! and Ihcn existing in Buyer and in any and all persons claiming under Buyer, shall wlu>ily cersc and dclcrntinc. Buyer shall thereupon quit •rnd surrender to Selicr withotn demand, peaceful possession of said premises in as good condition as they now arc, reaeonablc wear and tearrlonc excepted. In the event Buyer neglects or refuses to surrender such possession when obligatcJ so to do it shall be lnwfu I for Scl Icr to enter upon and take possession oC such premises without notice and remove all persons and their property therefrom. 20. The provisions of paragrrphs 19 and 20 of this Agrecntcnt shall also apply at the option of the Scllcr to (I) any violation or breach of any o1 the covenants, conditions, or resirictiuns set forth in this Agrccmcnt or which mry be of record in prior deeds c>f conveyance affecting This property and (2) to any violation of any laws w ordinances in any nuumcr alTotiting said properly. 21. Scllcr agrees upon receipt of payments in accordance with the provisions hcrcof. of the [mire principal sum with interest, to execute and deliver a special Warrrnty Decd on VA Fomt 2G-643Gr conveying the tit)[ to said property to Buyer in such manner and form az Scllcr elects. Such decd may be dekvered at such earlier time as Seller may elect. Said Decd will be on Seller's form and conveyance shall be made under and subject to any restrictions, rescrvaliuns, and exceptions of record •rnd alw subject to aN National and State laws, statutes, and regulations, then affecting the transfer of real estate or of any right lhercin. In the event any pan of said principal swn shall not have been paid at the time of The execution and delivery of the decd to said properly, Buyer shall simultrncously ext.c:ule and tk.livcr to Scllcr a Mongagc Notc in dm just or principal sum remaining unpaid, together with interest thereon at the rrtc provided in paragraph 4 hcrcof, payable in inslallmcnts of the rants amounts as slated in said para- graph. and a ptrrchasc ntc>ncy mortgage of said premises to secure tfic same, which mortgage shall be a first lien on the properly; the Mortgage Nolc and Mcutgagc shall bazar the smrtc Date ati Bald Dcc:d; they shall be on Iltc li>rnn of such instruments lftcn in use by the 1Jclwruncwt of Vetcmns Affairs or its succctisor in inlcrest, Inalificd and amcna>ed as to such [cans, conditions and dctaifcrl provisions as arc in cun[Tic[ with this Agrccmcnt. 22. Buyer represents and covenants that Seller's title is satisfactory to Buyer as of the date hcrcof. 23. Buyer shall pay for all recording, lr:tnsaclion, transfer, conveyance and oihcr taxes upon airy decd, bond, mortgage, or oihcr instrvntent exxuled under the terms and provisions of this Agreement and for all revenue, documentary, or other stamps rcquirrA to be afCtxcd to any such instrument and shall also pay the fees for recording rite decd and the mortgage, if any, when executed, as well as a{I costs and expertces for such title search as the Buyer may elect to have made. 24. The Suyec shall notify the Seller of an assignment of the Buyer's interest in this contra[(- Sclier 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 o(the Buyer. 25. Any noises from one party hereto to the other parry shalt be in writing and dclivcrcJ in person or forwarded by ccrtifictl mail. Notices shall be addressed to the Buyer •rt the property hereinabc>ve deu:ribed unless written notice of a differcm address shall have been previously delivered to Seller, in which evens notice shall be sent to such address. Notices to Scllcr shall be addressed to the Loan Guaranty Oflicc, Department of Veterans Affairs at the Office where this Agrccmcnt is executed until Buyer is rtcrtiticd in writing of a changed address. Thereafter any rtc>licc shall be sent to the last address of which Buyer shall have been noliGexc). 26. Buyer hereby authorizes and empowers any attorney of any coup in the Cumnwnwcalth of Pennsylvania or clsewficre to appear for them and each of them in any and all actions to be bmught for any breach or default of the tcnns of this Agrccmcnt and hcrcby confesses judgment in favor of the Scllcr for the whole amount oC the principal xum and aoy interest remaining unpaid thereon, whctha:r Ute rants shall have been due or not, together with an attorney's commission or fee of five (571,) perc:enl, with ur wilhoW prior Jectaration made, waiving stay of execution, inquisition. and all excntptimt laws. . 27. And the said Buyer hereby, upon the breach of any of the conditions of this Agrecrnent, authorizes any attorney of any court of Record to appear for them and each of there and enter an amicable action of ejectment and confess a judgment of ejectment lhercin for the premises herein described and do authorize the immediate issuing and execution of a writ of habere Cacias possessionem with clauses of fieri factor for costs and five (590) l>crccnt attorney's commission or fcc, without asking leave of court. 28.. All anuncys paid by Buyer to Seller under the terms of this Agreemrnt shatl be retained by Sellet as compensation for the use aya.oceu of the property, consideration for the execution of this Agrectnent ;Ind not as liquidascd damages to Seller for default or as a pytAf~y. ': ~r 29. Failure or delay nl'the Seller to enforce any right ur to exercise any option hereunder availab{c becuuaeof any default shall not operate asa waiver of the right of the Seller to thereafter enforce sorb right or to exercise such option or any other right or option, tier the s~rne or for any subsequent default. i 30. Buyer expresslyagtteslhaitherightsandremetl'teshereingrantedSellerinthecventofdefautt,toenforcethetermsuridconditioresofthisAgree- mrnt, the r'ccovery of dattwges fur any breach, or ptxsession of the above.[lescribed property, ntay be exercisable as often as theft is default on the part of Buyer and shah not be exhausted by one or more uses tfiereof, and that it shalt not be necessary to F[le 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 con ~ +nding upon, and the IxneFits and advantages hereunder shall inure to the Buyer jointly and severally and to their and each of their s~ rs, administrators, and assigns, and to the successors •and assigns of the Seller. t° ;, *,fJ 32. This Agreernen[ shat! not be recorded in the office for the re n~oT•deeBs,PPiiny o r or platxe of public record. If Buyer causes it to be recorded he/she will Ix considcrtd in default with the right o er tb`~`ortht3i[h,tEr~pitfate i greement and to enforce and exercise Seder's rights hereunder because of such default. tp F'\:" ~f-.\' ,~. 33. Buyer understands and agrees that if this Installment Agreemt ~hi~inaled"by.BSyeF' )ter, any remaining amount of the rehabilitation loan in the hands of an escrow agent shall immediately tx returned t t+12cpdifrn'ent,oJV erarts Affairs). .. , Y -~fr~~ 3d. This loan may be declared i mmediatety due and payable upon transfer of the prolerty securing such town to any transferee, unless the acceptabil- ity 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 rite loan holder if the loan has been sold without recourse. 35. A fee equal to one-half of (percent of [fie fialance of this loan as of the dale of transfer of the property shall be payable to the Department of Veterans All'stirs at the tints of trmnsl'er. l!'the ussuntcr fails to pay thix Ib~: m dte [into of transfer, the fee shall constitute an additional debt to that already secured by this insUVment 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 indebtednesszhall be immediately due and payobfe.~ This fee is autontaticatly waived if the assumer is exempt under the provisions of 38 U.S.C. 3729(6). The •rssunusr is not obligated to pay this fee if the Department of Veterans Affairs has sold this {Dart without recourse. 36. Upon application for approval to aNow assumption of this loan, a processing fee tray be charged by rite Department of Veterans Affairs or its successor araxsigns for determining thecrcditworthiness oftce assttmer and suhsequcndy revising the ownership records when an approved transfer is completed. The amount of this charge shall not exceed 5300. 1N WITNESS WHEREOF-, the Seller bas caused this instrument to bc: signed anct ualcc! in blather name and in his/her behalf by [hc undersigned employee, being thereunto duly appointed, qualified and acting pursuant to title 3R, United Stages 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 [his instrttment, and the Buycr has hereunto set his/her individual hand and seal on the day and year first above written. NOTICE-THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL DOES NOT AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRER TO HEREIN, AND THE OWN- ER OF OWNERS OR SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, HAVE iN THAT CONNECTION, DAMAGE MAY RESULT TO 7H E 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 INSTRU- MENT. (This notice is set forth In the manner provided in Section 1 of the Act of July 17, 1957, P.L. 964, as amended, and is not intended as notice of unrecorded instruments, if arty.) The Secrett-ry of Veterans Affairs BY ~ ~ ~ -----± (SEAL) ------------- ... C. GA~LIOLA Title: ----,Loau_Gua= X_OfS~ieex--------------- VA Regional Office or Regional Office & Phila., Insurtncc Center, -------------------------------- PA. Telephone: -~~S)_.Qr21-55~7_9_r_~519_____________ (Area Code end number) (Pursuant to a delegation of authority in 38 CFR 3G.4342 and 36.4520.) ~ L _ ~ - - - [SEAL} ----- ------------- MELVIN L. LINE (gayer) >tiyrs.:cG___-7?_C•_`~y1-a-ae~-=------------ [SEAL} DERRICK R.C. MT~t .~Elf ~nrryrr) SEALED AND DELIVERED IN THE PRESENCE OF /cP 3 ~~ FOR VALUE RECEIVED, JESSE BROWN, SECRETARY OF VETERANS AFFAIRS, An Officer of the IInited States of America, acting herein by G. C. CAGLIOLA, Loan Guaranty Officer of the Veterans Administration Regioaal Office and Insurance Center, Philadelphia, Pennsylvania, hereby endorses, sells, assigns, and transfers pursuant to Veterans Administration Regulation 4600 to BANKERS TRUST COMPANY OF CALIFORNIA, N.A, AS TRUSTEE FOR VENDEE MORTGAGE TRDST 1996-3, TifITHOUT RECOURSE, EBCEPT AS PROVIDED IN A LOAN SALE AGREEMENT DATED SEPTEMBER 1, 1996, a trust which is established under the laws of the STATE OF NEW~YORR, having its principal place of business at c~o Bankers Trust Company of California, N.A., 3 Park Plaza, Sixteenth Floor, Irvine California 92714, its successors and assigns, all and each of the ONE INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE - PENNSYLVANIA listed in Annex "A" attached, which is made a part of and herein incorporated by reference, the sums payable thereunder, and all right, title and interest in and to the same, together with all rights, remedies and powers pertaining thereto. The Assignor warrants and represents that each of the Contracts assigned was executed and delivered to the Assignor as Secretary of Veterans Affairs, an Officer of the United States of America, or to his predecessor or predecessors in such office as Secretary of Veterans Affairs, an Officer of the United States of America, as such, in connection with the sale of. real property as therein described, for the consideration and on the terms mentioned, to secure the unpaid balance of the purchase price of said property; that the Assignor has good title to said Contracts and the legal right to sell and transfer the same to the Assignee; that no agreement, oral or written or other paper except each of the within Contracts, was executed or given by the buyer in connection with each transaction, to the seller; that possession of the property described in each Contract has been delivered to and accepted by the buyer therein named; that said Contract is valid and subsisting; that there is still unpaid and owing thereon the unpaid balance shown on schedule heretofore furnished the Assignee and herein incorporated by reference. THIS transfer by Assignment is WITHOUT RECOURSE except as provided in a Loan Sale Agreement dated SEPT6!lBER 1, 1996. NOW THEREFORE, IN CONSIDERATION OF THE PREMISES, JESSE BROWN, Secretary of Veterans Affairs, an Officer of the United States of America, and his successors in such office, as such, acknowledges and covenants that title to each of the premises described in the INSTAT.rxnrrr CONTRACT .FOR SALE OF REAL ESTATE - PENNSYLVANIA hereby assigned, is held for the use and benefit of the Assignee, as well as security for said Contracts and~that as of the date hereof he stands seized of said premises in trust for the Assignee, its successors and assigns. That, on the assignee's w~citten.demand, the Secretary of Veterans Affairs, and his successors in such office, will convey the said premises, in accordance with the terms of said INSTALLMENT CONTRACT FOR THE SALE OF REAL ESTATE - PENNSYLVANIA to the purchaser or to the nominee of the purchaser of said property. The Secretary of Veterans Affairs, anal his successors in such office shall have no,responsibility in relation to said premises, the care or management thereof, the taxes assessed and levied. That, in the event the Secretary of Veterans Affairs, and his successors in such office is required to make and execute a deed to convey ~:he property in accordance with the terms of any of the INSTArx,~t~r CONTRACTS FOR SALE OF REAL ESTATE - PENNSYLVANIA he xill do so. IN i~TITNSSS AHEREOF, I have caused this instrument to be signed and sealed in my name and on mp behalf by the undersigned Loan Guaranty Officer; being thereunto duly appointed, qualif ied and acting pursuant to Section 212 and 1$20 of Title 38 II.S. Code, and VA Regulation 38 C.F:R. 36.4600, this 26th day of SEPTEI~IBSR, 1996. SEALED AND DELIVERED IN THE PRESENCE OF: (S~) SSE BROAN, Secretary of Veterans' Affairs By ~Lj Loan Guaranty Officer, Veterans Administration Regional Office and Ins. Center, Phila., PA, Telephone No. (2I5j 436-8850 pursuant to a delegation. of authority contained in VA Regulation 38 C.F.R. 3fi.4fi00. l~ 3~ PENNSYLVANIA t rug ttvui;ty 1 Uttlr made the ZGth day of September , 1996 between the Secretary of the Department of Veterans Affairs, an Officer of the United Stales of America, whose address is Department of Veterans Affairs, Washington D.C. 20420, hereinafter piled the Grantors and Bankers Trust Company of California, N.A., as Trustee for Vendee Mortgage Trust 1996-3, without recourse, except as provided in a Loan Sale Agreement dated September ?, i 996. hcrcinaficr called the Grantcc: WITNESSETH that the said Grantor for and in consideration of the suns NINETY FIVE Tf1OUSAND AND ONE (S95,001.00) DOLLARS the receipt of whereof is hereby acknowledged, hereby grants, bargains, sells, aliciis, enfeoffs, releases, and confirms unto the said Grantee and Grantee's heirs or successors and assigns, unto the Grantor herein, in fee. ALL THAT CERTAIN tract of land, Situate in the Fourth Ward of the Borough of Carlisle, County of Cumberland, and State of Pennsylvania, bounded and described as follows: BEGINNING at a potnt on the Soudt side of West Pcnn Street at the corner of Lot No. 4 on Plan of Lots of the Executors of Margaret R. Meek, deceased; THENCE Southwardly along said Lot No. 1, now or formerly of Albert L. Nicicey, et al, a distance of 120 feet, more or less, to a point on the Norih side of a f 2 foot alley; THENCE Westwardly along the said alley, a distance of 50 feet to the Southeast corner of Lot No. 6; THENCE along the said Lat No. G, *lorih~~~ardly this Lot No., G being the property now or. formerly oCAlbcri L. Nickey, ct a[, a distance of 120 feet to a point on the South side of the said \~Vest Penn Street; THENCE Eastwardly along West Perm Street, a distance of 50 Ccct to a point otBEG1NNING. BEING the same premises which Carl D. Haynes and Diana Haynes of Cumberland Cwnty by deed dated Apri14, 1996 and recorded April 19, 1996 in the OlFce for the Recording of Deeds in and for Cumberland County in Decd Book 137 page 959, granted and conveyed unto the Grantor herein, in fee. 3~ TOGETHER with all and singular the improvements, ways, streets, alleys, passages, waters, watercourses, rights, liberties, privileges, hereditatnents, acrd appurirttartces whatsoever thereunto belonging, on in any wise appertaining, and the reversions and remainders, rents. issues, sad pmftts thereof, and all the estate, right, title, interest, property, claims, and demand whatsoever of the said grantor, in law, equity, or otherwise howsoever, of, in, and to the same and every part thereof. TO AAYE AND TO HOLD the said lot or piece of ground above described with the hereditaments and appurtenances, unto the said Grantor and Grantee's heirs or successors and assigns, forever. Grantor covenants to warrant and defend ail the"t hereinabove described against all persons iaw~fully claiming or to claim the same or arty part thereof by, or under Grantor. IAi WITNESS WHEREOF, Grantor on the day and year t3rst above written has causal this irt,irv.•natt to tx: signed snd sealed on Grantor's behalf by the undersigned, lx:ing thereunto duly appointed, yunlificd and acting purstutnt to title 38, United Slates Code, sections 212 and 1820, and title 38, Code of Federal Regulations scxtion 36.4342 and 3G.4520, pursrant thereto, as amended, and who is authorized to execute this irlstrttrttutt. SEALED AND DELIVERED IN THE PRESENCE OF- STATE OF PENNSYLVANi<A } ? ss: County of PHII.ADELPHLt- } 7lte r of cr airs ' Y '~' SEAL] .C. 'GL Title: Loan Guaranty Officer Veterans Attain Regional Office or Regional Office & Insurance Center Phila.. PA Trlcphone f215 951-7847 (Area Code and Number) {Pursant to a delegation of authority contained • in VA Regulations, 38 C.F.R., 36.4342 and 3G.4520.} On this date, before rne, the undersigned, persorielly appeared G.C. CAGLiOLA an rmploycc of Veterans A1Fairs, an agency of the United States Government, signer and staler of the foregoing instnunent and acknowledged that he/she executed the same in the capacity therein stated for fire purposes therein contained, and as the deed of the Secretary of Veterans At~taijrs. /~ /; ~`~~ J D IIY WITNESS WHEREOF, I hereunto set my hand and official seek this the ~ Jlday of U~~~/v v ~V , 19 7 ~ . . ~tl~r~~~~i'n-~~t~-iJ My connmission expires: IVOTAPoAI. SEAL - ~ ~ Notary PltbBo C;ry of Philadclphi~, p}r~, Cp~ Notary Public in and for the M L'omrtHSSion Fx 'res Dec. T. 1AAti County and State aforesaid. I hereby certify that the precise residence of the within-named Grantee is: cJo Banlten Trust Comnanv of California. N.A 3 Park Plaza Si=teenth Floor Irvine, California 92714 'Print, trypewrite, or sta¢~p names of each party immediately below each signature. BankofAmerica '~ Home Loam PO Box 9048 Temecula, CA 92589-9048 2227591510 Send Payments To: PO Box 660694 Dallas, TX 75266-0694 Send Correspondence [o: PO Box 5170, MS SV3'146 Simi Valley, CA 93065 '~nl~lll"'nl^~'111111"I'~II"~'I"~~~hl~l'I'n~nlllllll~~l Derrick R Miller 550 W PENN ST CARLISLE, PA 17013-2236 PRESORT Frst-Class Mail U.S. Postage arxl Fees Paid WSO aei ~ na BLOPAI J22S3 •.. ti ~XN~BtT "6" BankofAmerica "~' Nome Loans P.O. Box 660694 Send Payments ro: Dallas, 7X 75266-0694 P.O. Box 660694 Dallas, TX 75266-0694 11/17/2009 Derrick R Miller Account No.: 873324830 550 W PENN ST Property Address: CARLISLE, PA 17013-2236 550 W Penn St Carlisle, PA 17013 Current Servicer: BAC Home Loans Servicing, LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an ofFiciat notice that the mortgage on your home is in default and the lender intends to foreclose. SaecrFc information about the nature of the defauR is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI 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 WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Aaencv. The names addresses and phone numbers of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice ff you have any auestions you may tali the Pennsylvania Housing Finance Aaencv toll free at 1-80042-2397. (Persons with impaired hearing can call 1-7'17-780-1869). This Notice corrtains important legal information. K you have any questions, representatives ad the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIdN EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VNIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIbN OBTENGA UNA TRADUCCIbN INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL Nl1MER0 MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARR 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 HIPOTEGA. HOMEOWNER'S NAME(S): Derrick R Miller PROPERTY ADDRESS: 550 W Penn St Carlisle. PA 17013 LOAN ACCT. NO.: 873324830 ORIGINAL LENDER: CURRENT LENDERJSERVICER: BAC Home Loans Servicing. LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM BAC Home Loans Servicing, LP is a subsidiary o4 Bank od Amerip, N.A. Please write your account number on all checks and correspondence. We may charge you a fee for any payment returned or rejected b1' your finandal ins4lution, subject to applicable law. BI-QPA1 8323!10792 Odf 1812008 ~y,,,r„t~„d~ un um er: Derrick R Miller Balance Due for charges listed above: 54,601.00 as of November 17, 2009. Make your check payable to ant 550 W Penn St Home LOans Senridng. LP Carlisle, PA 17013 Please update email information on the reverse side of this coupon. DonY send qsh • Please Include coupon with your AaYl~mn~/ paymern ~~~ BL~PAt Far all full month payment periods, interest Aab'rtbna~ 5 calculated on a mornliy basis. 11 111 Ir II II I 1 II 1 I 1 E`rJD"' Aocor6ngy, interest for all fill months, i'II ~~~ 1111 III"~ it"' 11' 111~'li~l it ~~ ~ ~1~ I~'~' including February, is calatlated as BAC Home Loans Servicing, LP 301380 of annual Interest irrespective of p0 BOX 660694 C/x9Ck the acWal number of days in the month. Torte For partial months, interest is calculated Dallas, TX 75266-0694 5~ daily on the basis of a 365 day year. 873324830900000460700000460100 ~: 58 6 9 900 58:8 7 3 3 2 t.8 301-' YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF '1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A 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 (30) 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 WITFItN THE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for Thirty {30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the arooertv 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 (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, 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 disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) 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: 550 W Penn St Carlisle, PA 17013 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 Charges: 07/01/2009 Other Late Charoes: Total Late Charges: Uncollected Costs: Partial Payment Balance: BAC Home Loans Servicing, LP is a subsidiary of Bank of Amerip, N.A. E-mail use: Providing your a-mail address bebw will albw us to send you information on your accarnt. Account Number:87332183p Derrick R Miller E-mail address: $4,493.15 $107.85 $0.00 ($0.00) How we poet pour payrrtenb: All accepted payments of principal and interest will be applied to the brgest outstanding installment due, unless otherwise expressly prohibited or limited by law. r you submit an amount in addition fo your scheduled manthty amount, we will apply your payments as fellows: (i) to outstanding monthly payments d princpal and interest, (ii) escrow defidenaes, (iii) late charges and other amounts you owe in connectbn with your Icon and (iv) b reduce the outstanding principal balance of your ban. Please specify if you want an additional amount appfied to future payments, rattrer than princpal reduction. Postdated Clreol~: Postdated cttedcs will be processed on the date received unless a loan oounsebr agrees to honor the date written on the check as a oorrditbn of a repayment plan. TOTAL DUE: 54,601.00 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not u_se if not applicable HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 64,601.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. P~ments must be made either by cashier's check certified check or money order made payable and sent to: BAC Home Loans Servicing, LP at P.O. Box 660694, Dallas, TX 75266-0694. You can cure anv other default by taking the followinsa action within THIRTY (30) DAYS or 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 (30) 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 (30) 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 attomeys, 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. ff you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the 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 defau Ited. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's 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: BAC Home Loans Servicing, LP Address: P. O. Box 660694 Dallas, TX 75266-0694 Phone Number: 1-800-669-6654 Fax Number: 1-805-577-3432 Contact Person: MS TX2-981-03-03 Attention: Loan Course/or EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You 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 attomey'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. BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A. 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 tN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents, BAC Home Loans Servicing, LP may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or {iii) determine the identity 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 instrurYtent. If you are unable to cure the default on or before December 17, 2009, BAC Home Loans Servicing, LP wants you to be aware of various options that may be available to you through BAC Home Loans Servicing, LP to prevent a foreclosure sale of your property. For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through BAC Home Loans Servicing, LP. Our basic plan requires that BAC Home Loans Servicing, LP 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 BAC Home Loans Servicing, LP 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 BAC Home Loans Servicing, LP, you must contact us immediately. tf you request assistance, BAC Home Loans Servicing, LP will need to evaluate whether that assistance will be extended to you. In the meantime, BAC Home Loans Servicing, LP 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 17, 2009 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 1-800-669-6654. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Adams County Intertaith Housing Authority 40 E High Street Gettysburg , PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. Marana[ha PH FA 2320 North 5th Street 43 Philadelphia Avenue 211 Nortli Frorrr Street Harrisburg, PA 17110 Waynesboro, PA 17268 Harrisburg, PA 17110 717.2322207 717.762.3285 717.780.3940 800.342.2397 BAC Home Loens Servicing, LP is a subsidiary of Bank of America, N.A. BankofAmellica PRESORT Home Loans First-Class Mail PO Box 9048 U.S. Postage and Temecula, CA 92589-9048 Fees Paid W SO 222759158 Send Payments To: PO Box 660694 Dallas, TX 75266-0694 Send Correspondence bo: PO Box 5170, MS SV314B Simi Valley, CA 93065 aet t v-~ BLOPAt i~lll„il.i,III.I.LIll~rlll,l,l,~n.in~i.nll~lllliliiil„lin Melvin L Line 550 W PENN ST CARLISLE, PA ~ 70'13-2236 12253 BankofAmeritca '~` Flame Loans Send Payments to: P.O. Box 660694 Dallas, TX 75266-0694 P.O. Box 660694 Dallas, TX 75 266-06 94 11 / 17/2009 Melvin L Line Account No.: 873324830 550 W PENN ST Property Address: CARLISLE, PA 17013-2236 550 W Penn St Carlisle, PA 17013 Current Servicer: BAC Home Loans Servicing, LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaste on your home is in default, and the lender intends to foreclose Specific information about the nature of the defauK is provided in the attached paces. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to help to save your home. This Notice explains how the oroaram works. To see if HEMAP can halo. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Aaencv. The names. addresses and phone numbers of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Aaencv toll free at 1-800-342-2397. (Persons with impaired hearing can call 1-717-780-1869). This Notice contains important legal information. ff you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIbN EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VNIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACItSN OBTENGA UNA TRADUCCIbN INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NGMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARR 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}: Melvin L Line PROPERTY ADDRESS: 550 W Penn St Carlisle. PA 17013 LOAN ACCT. NO.: 873324830 ORIGINAL LENDER: CURRENT LENDERJSERVICER: BAC Home Loans Servicing. LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM BAC Home Loans Servicing, LP is a subsidiary of Bank o1 America, N.A. Please wdte your acmunt number on HI checks and correspondence. We may charge you a tee for any paymem nelumed or rejected by your tfnandal institufion, subject to applicable law. BL~PA1 8323!10792 04/182008 Payrr.rtt rta„aarrc un um er. Melvin L Line Balance Due Sor charges listed above: $4,601.00 as of November 17, 2009. • Make your check payable to 94C 550 W Penn St Home Loans Servicing, LP Please update Email information on the reverse side Mthis coupon. . cony send crib Carlisle, PA 17013 Please include coupon with your A~MV~ payment R»ajoa' Far all full morrih payment periods, inferesl is calculated on a moniHy basis. Arcordngly, imerest for all fJl montts, including February, is calculated as 30!,780 of annual interest, irtespective of the actual number of days in the month. For partial months, interest is calculated '.~ daily on the basis of a 385 day year. BL~PAt AWdv~ Ir1.1.I.11111111'II'111111111'II'I'II'III...illllll.llllllll.llll esoow BAC Home Loans Servicing, LP PO BOX 660694 Check Dallas, TX 75266-0694 rora 873324830900000460100000460100 r: 5869900 58x:8 7 3 3 2~.8 3011' YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE °ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A 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 (30) 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 c~r_r~ttr: wrrurw rum CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for Thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the prooertv 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 (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, 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 disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) 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: 550 W Penn St Carlisle, PA 17013 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 Charges: 07/01/2009 Other Late Charges: Total Late Charges: Uncollected Costs: Partial Payment Balance: BAC Home Loans Servicing, LP is a subsidiary of Bank of Amerip, N.A. E-mail use: Providbg your a-mail address bekm will albw us b send you information on your account. Account Number: 67332830 Melvin L Line E-mail address: $4,493.15 $107.85 $0.00 ($0.00) How we pool your prryrrrertls: All accepted payments of principal and interest will be applied tp the bngest outstanding installment due, unless otherwise e~ressly prohibited or limited by law. y you sutxnR an amount in addition b your scheduled rnanthty amount, we will apply your payments as fdbws: (i) to outstanding marrthly payments of prinapal and interest, (ii) esaow defidencies, (iii) late charges and otfrer amounts you owe in connection with your loan and (iv) b reduce the outstanding prinapel balance of your ban. Please specify ff you want an add'Rional amount applied to future payments, rather than prindpal reduction. Postdated checks: Postdated checks wYl txx processed on the date received unless a ben counsabr agrees to honor the date written on the check as a condition of a repayment plan. TOTAL DUE: ;4,601.00 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS;4,601.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money orcler made savable and sent to: BAC Home Loans Servicing, LP at P.O. Box 660694, Dallas, TX 75266-0694. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter {Do not use if not auolrcable) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) 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 (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged properly 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 attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attomey'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 defauk within the THIRTY f30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (301 DAY period and foreclosure proceedings have begun, you still have the right to cure the defauR and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing 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 Sheriff's 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: BAC Nome Loans Servicing, LP Address: P. O. Box 660694 Da//as, TX 75266-0694 Phone Number: 1-800-669-6654 Fax Number. 1-805-577-3432 Contact Person: MS TX2-981-03-03 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 Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You 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 attomey'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. BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A. ~~ +;< TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents, BAC Home Loans Servicing, LP may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity 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 17, 2009, BAC Home Loans Servicing, LP wants you to be aware of various options that may be available to you through BAC Home Loans Servicing, LP to prevent a foreclosure sale of your property. For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through BAC Home Loans Servicing, LP. Our basic plan requires that BAC Home Loans Servicing, LP 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 BAC Home Loans Servicing, LP 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 BAC Home Loans Servicing, LP, you must contact us immediately. If you request assistance, BAC Home Loans Servicing, LP will need to evaluate whether that assistance will be extended to you. In the meantime, BAC Home Loans Servicing, LP 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 17, 2009 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 oontact Loan Counseling Center immediately at 1-800-669-6654. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Adams County Interfaith CCCS of Western PA Community Action Commission Housing Authority 2000 Linglestown Road of Capital Region 40 E High Street Harrisburg, PA 17102 1514 Derry Street Gettysburg , PA 17325 888.511.2227 Harrisburg, PA 17104 717.334.1518 717.232.9757 Loveship, Inc. Maranatha PH FA 2320 North 5th Street 43 Philadelphia Avenue 211 Not1ri Front Street Harrisburg, PA 17110 Waynesboro, PA 17268 Harrisburg, PA 17110 717.232.2207 717.762.3285 717.780.3940 800.342.2397 BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A. DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATE HOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT IN THE COURT OF COMMON PLEAS OF VETERANS AFFAIRS GUARANTEED REMIC OF CUMBERLAND COUNTY PASS-THROUGH CERTIFICATES, Plaintiff CIVIL ACTION -LAW vs. ACTION OF EJECTMENT MELVIN L. LINE Civil Term DERRICK R. MILLER No. 10-3280 AND OCCUPANT(S) n ,~,, 550 WEST PENN STREET ~ ° `~, ~: 0 CARLISLE, PA 17013, ,x, -,-, ~, c.- ~_: ' -~ ~ ~~i Defendant(s) --~ ~ -~ ~ ~~ `- .:~, ANSWER ~. t~ ~ ~~ -';~, =' ~-~, C_' ~ ~'~ a`r`t 1. ADMITTED. ~ ~- . ^- K 2. ADMITTED. 3. ADMITTED IN PART AND DENIED IN PART. Admitted that the Secretary of Veterans Affairs entered into an installment contract for the sale of real estate with MELVIN L. LINE and DERRICK R. MILLER but Denied that it is not dated. The Date of the installment contract is July 29, 1996. 4. DENIED. The averment includes a conclusion of law to which no answer is required. 5. ADMITTED IN PART AND DENIED IN PART. Admitted that the defendant, Derrick R. Miller occupies the property subject to the rights of the ownership of Plaintiff. Denied that the defendant, Melvin L. Line occupies the property. Defendant, Melvin L. Line, has never occupied the property since the date of the agreement, July 29,1996. 6. DENIED. The averment includes a conclusion of law to which no answer is required. 7. DENIED. The averment includes a conclusion of law to which no answer is required. 8. DENIED. The averment includes a conclusion of law to which no answer is required. 9. ADMITTED IN PART AND DENIED IN PART. Admitted that Defendant, Derrick R. Miller, did receive a letter dated May 12, 2010 from Attorney Michael Fein, requesting occupants to vacate immediately. Denied that Defendant, Melvin L. Line, has received any demand for the possession of said property. 10. ADMITTED IN PART AND DENIED IN PART. Admitted that Defendant, Derrick R. Miller, did receive the Notice of Intention to Terminate Installment Plan and Notice of Homeowners' Emergency Assistance as required by ACT 160 of 1998. Denied that Defendant, Melvin L. Line, received the Notice of Intention to Terminate Installment Plan and Notice of Homeowners' Emergency Assistance as required by ACT 160 of 1998. Denied further that Defendants have not tried to make payments as fully described in Exhibit B of PlaintifYs Complaint. Defendant, Derrick R. Miller has been corresponding with The Bank of America to get relief and assistance due to hardship and possibly refinance the property (See Exhibit A). Additionally, Defendant, Derrick R. Miller, has tried to make monthly payments as required under the purchase agreement, to Bank of America. Bank of America has refused to accept the monthly payments unless all past due amounts are paid irrfull. WHEREFORE, Defendants request that Derrick R. Miller continues in possession of the premises while he works with The Bank of America and provides the needed additional information requested by The Bank of America and that the Installment Contract is not terminated. Respectfully Submitted, ~~, ~ ®~~ Fiona K. Line, Esq. PAID #65283 Attorney for Defendants P.O. Box 16 Carlisle, PA 17013 (717) 991-1382 DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATE HOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES, Plaintiff vs. MELVIN L. LINE DERRICK R. MILLER . AND OCCUPANT(S) 550 WEST PENN STREET CARLISLE, PA 17013, . Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW ACTION OF EJECTMENT Civil Term No. 10-3280 VERIFICATION 1, Derrick R. Miller, do hereby verify that the facts set forth in the foregoing answer 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: 6 - ~ - rG f~ y2'~l errick R. Miller i - DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATE HOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT IN THE COURT OF COMMON PLEAS OF VETERANS AFFAIRS GUARANTEED REMIC OF CUMBERLAND COUNTY PASS-THROUGH CERTIFICATES, Plaintiff CIVIL ACTION -LAW vs. ACTION OF EJECTMENT MELVIN L. LINE Civil Term DERRICK R. MILLER No. 10-3280 AND OCCUPANT(S) 550 WEST PENN STREET CARLISLE, PA 17013, Defendant(s) I, Derrick R. Miller, do hereby verify that the facts set forth in the foregoing answer 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: ~ Q Melvin L. Line GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Kristina G. Murtha, Esquire Attorney I.D. # 61858 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 kmurtha@goldbecklaw.com Attorney for Plaintiff DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATEHOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES VS. MELVIN L. LINE and DERRICK R. MILLER and Occupants 550 West Penn Street Carlisle, PA 17013 ", i?U? (q P M 1?; ?F? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 10-3280 Civil Term PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pa. R.C.P. 1035.1 et sec . for the following reasons: 1. Plaintiff is Deutsche Bank, Na As Trustee For The Certificateholders Of Vendee Mortgage Trust 1996-3, Us Department Of Veterans Affairs Guaranteed Remic Pass-Through Certificates (hereinafter "Plaintiff') 2. Defendants are MELVIN L. LINE and DERRICK R. MILLER and Occupants (hereinafter "Defendants"). 3. Plaintiff filed its Complaint in Ejectment on May 17, 2010. A true and correct copy of the Complaint is attached hereto as Exhibit A. 4. Defendants filed an Answer on or about June 28, 2010, which does not raise any issue of material fact. A true and correct copy of the Answer is attached hereto as Exhibit B. I 5. By deed from the Secretary of Veterans Affairs recorded in the Office of the Recorder of Deeds of Cumberland County November 26, 1996 in Book 149 at page 707, Instrument #1996-033827, et seq., Deutsche Bank, National Trust Company, as Trustee ("Plaintiff') became the sole, fee simple owner of the property which forms the subject of this action. A true and correct copy of this recorded deed is attached here to as Exhibit C. 6. Deutsche Bank, National Trust Company, as Trustee ("Plaintiff') is the sole, fee simple owner of the property which forms the subject of this action by virtue of the deed referenced above. 7. On or about July 29, 1996, at a time when title to the property was vested in the Secretary of Veterans Affairs, the Secretary of Veterans Affairs ("VA") entered into an Installment Contract for Sale of Real Estate. A true and correct copy of this Installment Contract for Sale of Real Estate is attached hereto as Exhibit D. 8. The gravamen of the Installment Contract was that Defendants Melvin L. Line and Derrick R. Miller ("Defendants") would pay to the VA the sum of $95,001.00 in monthly installments and, once Defendants had made all the payments, the VA would transfer title to the property from Secretary of Veterans Affairs to Defendants and Defendants would become the fee simple owners of the property. 9. Unlike a traditional mortgage arrangement, where the borrowers own the property and encumber their interest with a mortgage given to the lender, in this case, the VA retained title to the property and the transfer of title was contingent upon payment in full by Defendants to the VA of the agreed-upon purchase price of $95,001.00. 10. As stated in the Affidavit in Support of Plaintiff s Motion for Summary Judgment accompanying this motion, Defendants failed to make payments as required by the terms of the Installment Contact and the contract was terminated. Affidavit ¶4. 11. Termination of the Installment Contract in the event of default is provided for in the Installment Contract, Exhibit D, at ¶18 and ¶19, which provides: tr. al rea rMigrr.b,rW'i3nl?Y*'*`',=irar anfs+nX wY?-t,r,csuawem. _. _,. ?,?« h St±kaiarekiti?PdshlrxrUSn?rrd+f3rAur litt. 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Ihc'rcl' m. 12. As set forth in Plaintiff's verified complaint, Defendants have failed to make payments since June 01, 2009. 13. Notice of default was provided to Defendants on June 14, 2010. A true and correct copy of the notice is attached hereto as Exhibit E. 14. As noted above, Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in ejectment and that corroborates the facts as plead in Plaintiff's Complaint. See Plaintiffs attached Affidavit and Memorandum of Law. 15. Plaintiff now files this motion for summary judgment, as there are no material facts in dispute and Plaintiff is entitled to judgment as a matter of law. WHEREFORE, Plaintiff respectfully suggests summary judgment granting possession of the premises should be granted in Plaintiff's favor. Respectfully Kristina G. f Attorney for GOLDBECK McCAFFERTY & McKEEVER BY: Kristina G. Murtha, Esquire Attorney I.D.#61858 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATEHOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 10-3280 CIVIL VS. MELVIN L. LINE and DERRICK R. MILLER and Occupants 550 West Penn Street Carlisle, PA 17013 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT SaArj4U(jbeing duly sworn according to law, deposes and says: 1. I am the ?Of¢&& f r and representative of Plaintiff. I am authorized to qrct 6 make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. 2. I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Motion for Summary Judgment. 3. Defendant in the ejectment action, made, executed and delivered an Installment Contract for purchase of the premises, 550 West Penn Street, Carlisle, PA 17013 ("Property"). 4. By reasons of Defendants' non-payment under the terms of said Installment Contract, the installment contract was terminated and Plaintiff now seeks possession of the premises. 5. Plaintiff was and remains the sole owner of the premises, and Defendants have never held title to said premises. 6 The answering Occupants-Defendants have wrongfully refused to deliver up possession of the premises to Plaintiff despite demand that they do so. 7. I hereby verify that all papers or parts thereof attached to this affidavit are true and correct copies of the original documents. I declare the foregoing to be true and correct. SWORN TO AND SUBSCRIBED: before me this 0?v day: o J 42? , 2010: Notary Public SHANIQUA CLARK Notary Public, State of Texas c? My Commission Expires <<;. February 01, 2014 GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Kristina G. Murtha, Esquire Attorney I.D. # 61858 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 kmurtha@goldbecklaw.com Attorney for Plaintiff DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATEHOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES VS. MELVIN L. LINE and DERRICK R. MILLER and Occupants 550 West Penn Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND TERM NO. 10-3280 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT L BACKGROUND This is an ejectment action brought against the answering Defendants Melvin L. Line and Derrick R. Miller ("Defendants") who are occupants of the property located at 550 West Penn Street Carlisle, PA 17013. ("Property"). The complete fact pattern is set forth in the motion accompanying this memorandum of law, but briefly, the Secretary of Veterans Affairs took title to the property in 1996 from the Sheriff of Cumberland County, following an action in mortgage foreclosure. On or about July 29, 1996, the Secretary of Veterans Affairs entered into an Installment Contract for Sale of Real Estate with Defendants. The gravamen of the Installment Contract was that Defendants would pay to the VA the sum of $95,001.00 in monthly installments and, once Defendants had made all the payments, the VA would transfer title to the property from the Secretary of Veterans affairs to Defendants and Defendants would become the fee simple owners of the property. In 1996, the Secretary of Veterans Affairs deeded the Property to Deutsche Bank National Trust Company, as Trustee ("Plaintiff'). Plaintiff thereby became the sole, fee simple owner of the property. As set forth in Plaintiff's verified complaint, Defendants have failed to make payments since June 01, 2009. Notice of default was provided to Defendants on June 14, 2010 and Defendants received Notice of Intention to Terminate Installment Plan and Notice of Homeowners' Emergency Assistance. Conversely, Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in ejectment and that corroborates the facts as plead in Plaintiff's Complaint. As there are no material facts in dispute, Plaintiff is entitled to judgment as a matter of law. II. LEGAL ARGUMENT Pa.R.C.P 1035.2, provides that "After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment...." Summary judgment is appropriate to be entered: "(1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense..." Pa.R.C.P. 1035,2(1), revised effective July 1, 1996. Pa.R.C.P.1035.2 (2) requires the party who opposes the motion to provide the Court, in response to the motion, with "...evidence of facts essential to the ... defense which, in a jury trial, would require the issues to be submitted to a jury." Plaintiff has included an affidavit in support of its Motion for Summary Judgment, pursuant to Pa. R. C. P. 1035.4, which states in relevant part: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. Rule 1051 notes that the foregoing affidavit rule shall apply to actions in ejectment. The only issue before the Court is whether Defendants' Answer raises any legal or factual issue, which provides a basis for denying Plaintiff its request for summary judgment. This action concerns an Installment Contract for the sale of land. As such, it differs from a mortgage foreclosure action in that Plaintiff held title to the property while Defendants were making payments. Therefore, Plaintiff did not strip Defendants of title by Sheriff's sale, which title can be collaterally attacked. Instead, Plaintiff was and remains the owner of the property and Defendants have never owned the premises. The deed into the VA, which entered into the Installment Contract with Defendants, and the subsequent deed from the VA to Plaintiff are attached to Plaintiff's motion as Exhibit C, respectively. Plaintiff incorporates by reference these deeds, pursuant to Pa.R.C.P. 1019(g), which specifically permits such reference and evidence of Plaintiffs ownership. Further, the deed to the property and the recording information are matters of public record and may not be denied for lack of knowledge. See, Goodrich vs. Amram 2d Section 1029(c): I at p.p. 279-80. As stated in the Affidavit in Support of Plaintiff's Motion for Summary Judgment accompanying this motion, Defendants failed to make payment as required by the terms of the Installment Contract since June 01, 2009 and the contract was terminated. Affidavit, ¶ 4. Termination of the Installment Contract in the event of default is provided for in the Installment Contract, Exhibit H, at ¶ 18 and ¶ 19, which provide: he. ! 4zae of the a of dhia sad if dahtmit beins& and em &a x period of ibitTy (3o) d>!ya uet of any of the inatdtraetrs od 1*rira? ae aaq aelwr isms hash*wAbM aNpthlatad, > ttre rauhe became hatemtdor, or m no paymart of OW other ,rum horsier agr ed to tro =?9Q, or if. default be made is the palbxmao.. 1lyr &WW of say other vZ oeraem, oo t or ob t gd- of Huyar , am in after. or amp of said *view. V30 tea unpaid balance &M andtr the teams of thin Agrooma U ahdh. it the 00WO of SNiar tmmmdistety baoorna doe -d payable sad ^,rellar mast, at hix Aar enrich, W uwo*ta* by sij*c da.israden of an aw dno so to do with or without noaoe, all of Bufsr'a tights tinder this Agmentmtt and on of Boyar's right, tkle, and inion'At in" PmPa"y: or (h) loma6aate nU of %yees rights nar3er Wb A,gtm>mew mud ell of Hayees fight, ddn;'and. hdcmK to the WW In any procaeding, legal or egaitabla; at (e) cwbtw -y-* *-law- in nay pn> .1V or l Baer t?s- to lags an cons and expenses, fmdudiug a stwoaa649 a® Aar a mwW'a sass Inetunsd by Sdher to termAGNing ra'a 144s nudes thin Agrmemaeat ar cWms to do props" or is tooop+ ar di of tiro tet:ar of shin Agreement, and is aippaapdata ,hnaicW gs, if ao7 uo ingfatod w dtabliah ot?tla,}'a zigTai of tide to. and paeawaon. of aid pcvpaaty after btmmh by M,u rhos: of any tige our dniwa of PARYW. 29. upon Seller an whin dhe A&W of ftmy*' ?d?o,?n, es horde. all d&tx. estaQa sod interest homby ammW and than cmWinj in t "ar and in may mod aU peraom .: AkAlft , &WU w1oUy cease and dotwraino. BtW= AM dwoupoo t and sun+sadw to Sir whboui dement. pal pommulun of said premiaea in as good nood'ction net they now are, reasonane wcAr and roar ahorre evtosprtsd the evert Buyat or-o"psaa ro anrraader such posmudioc wham obligated so to do it tact be hwhrt *W !imllet rn nines Upon and Uft P"t"a -Am of rich P"snimm without notice and remove alt ptasons sad mar Mpar Notice of default was provided to Defendants on June 14, 2010 and Plaintiff sent to Defendants and Occupants Notice of Intention to Terminate Installment Plan and Notice of Homeowners' Emergency Assistance Plaintiff incorporates by reference the Deed recorded on November 26, 1996 and attached to its Affidavit in support of its Motion as Exhibit "A". Pennsylvania Rule 1019(g) specifically permits such reference and evidence of Plaintiffs ownership. Pa.R.C.P. 1019(g) provides: A party may incorporate by reference any matter of record in any State or Federal court of record whose records are within the county in which the action is pending, or any matter which is recorded or transcribed verbatim in the office of the prothonotary, clerk or any court of record, recorder of deeds or register of wills of such county. The Deed to the property and the recording information are matters of public record and may not be denied for lack of knowledge. See, Goodrich vs. Amram 2d, Section 1029(c):1 at p.p. 279-80. Defendants are therefore unable to counter the allegations of Plaintiff's Complaint, as Defendants do not now, nor did they ever hold title to the subject premises. As such, they have no defense and Plaintiff respectfully suggests summary judgment should be granted in its favor. Plaintiff was and is entitled to immediate possession of the Property as is and was the sole owner of the premises, with superior right of title, and thus possession, as against Defendants. With regard to Defendants' denial of Paragraphs 5 and 6, the Court should note that Defendants have not set forth any abstract of title superior to Plaintiffs. Pa.R.C.P. 1054(b). As to the response of answering Defendants regarding Plaintiff's demand for possession, it should be noted that on November 17, 2009, Plaintiff sent notice to Defendants of its intent to pursue its legal rights. A copy of the Notice is attached to Plaintiffs Complaint. III. CONCLUSIONS Defendants' Answer admits all material facts, there is no issue of material fact and the Court should grant Plaintiffs Motion for Summary Judgment. Respectfully ATTZE A Y POOR yj, ESQUIRE TIFF GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Kristina G. Murtha, Esquire Attorney I.D. # 61858 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 kmurtha@goldbecklaw.com Attorney for Plaintiff DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATEHOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 10-3280 VS. MELVIN L. LINE and DERRICK R. MILLER and Occupants 550 West Perm Street Carlisle, PA 17013 APPENDIX LIST A. Complaint B. Defendants' Answer to Complaint C. Deed D. Installment Contract E. Notice of Default EXHIBIT 66 A" ATTORNEY WIMBECR GMATY & MCKERVER SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHnaDSZnsia, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF I MPR V dififf1W THIS IS HE 01RIOINAL FILED DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATE HOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW Plaintiff vs. MELVIN L. LINE DERRICK R MILLER and OCCUPANT(S) 550 West Penn Street Carlisle, PA 17013 Defendant(s) NOTICE ACTION OF EJECTMENT Term No. Ib - 3oz8Q ??vi1 It tr'l 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. c? N l:) t..i C. 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 USTED, 0 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. CIVIL ACTION - EJECTMENT 1. Plaintiff, DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATEHOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES is the owner of the real property and improvements located at 550 West Penn Street, Carlisle, PA 17013 which is more frilly described in Exhibit A. ("Property"). 2. Plaintiff acquired the Property from the Secretary of Veterans Affairs by deed dated September 26, 1996 and recorded November 26, 1996 in Book 707 page 1996-033827. ("Deed") 3. The Secretary of Veterans Affairs entered into an Installment Contract for the Sale of Real Estate with MELVIN L. LINE and DERRICK R MILLER dated. ("Installment Contract") 4. Plaintiff is the current holder of the Installment Contract by an Assignment dated July 29, 1996 page 5. Defendants occupy the Property subject to the rights of the ownership of Plaintiff as more fully set forth in the Deed and Installment Contract. 6. Defendants are required to make monthly payments as more fully set forth in Installment Contract to Plaintiff. 7. Defendants have failed to make payments since and are otherwise in breach of their obligations under the Installment Contract. Total amount due is as follows: $75,626.57. 8. Plaintiff is entitled to immediate possession of the Property. 9. Plaintiff has repeatedly demanded possession of the property from the Defendants and Occupants who have refused to deliver up possession of the property. 10. On, November 17, 2009, Plaintiff sent to Defendants and Occupants Notice of Intention to Terminate Installment Plan and Notice of Homeowners' Emergency Assistance as required by ACT 160 of 1998. To date, Defendants and Occupants have not made payments as more fully set forth in Exhibit `B". WHEREFORE, Plaintiff demands Judgment for Possession of e operty known as 550 West Penn Street, Carlisle, PA 17013 and for Termination of the Ins ontract. %OL B CAFFERTy & MCKEEVER Michael c ver Pa ID 56129 Gary McC erty Pa ID 42386 Lisa Lee Pa. ID 78020 Kristin Murtha Pa. ID 61858 David Fein Pa_ ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff Kd (' t V "tVL as the representative of I, the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date. q_12V f© #873324834 - MELVIN L. LINE and DERRICK R. MILLER t c w t c? C W -'m om 0Z 0 0 0 oQ W m 9 ??a 0 o y a c a oN .-z?' T? N ca m ° ccaom$?mar moots m? m?- CY ` O O r p 3 m N N c? mQ,f G Uca CD C7 4 a m w 0 i7 G C d Nr d m m o?? m?o-U 00 ms v?? 03 Cl. 3? to U t6 N L(7 mp ?? ? j G G and G p p [3 r O p U O CO (D Co G co ? c o u) CD 0 C U' ca_ -e q m 3 C r L a - t r Cl- 0 'p 00 p TOU-N pG 0) 00- °? m c m to OG N c cc m CD r m a• m m a. co m 3 a ?o n -a m R m .a to 0 mG m 03 c"a ?O cD N O G 03 m N p N x-v O g 'm d a m p- -0 CO -o m 3i m G ¢ 'c f11 °? o Z D m m y o w 03w ocm-oNo - 0 G ° y? C Z @ KS ac v m O m ?? C 0? K K} d 4)] a m m CG6 m m r m u' f9 'm 0 O G o to C a to (a += m C3 m co d N ?y O pO L 3 -0 a CP LA = m G to co co 0) :4.1 w a mZ m ?rn?a? 3 a? c ?'`° N G o G m N? T p m 0 CS z tv 3 d s7 u`r C m m •6 to Cn ?y to ,r-• G N "C3 'p to w N CG4 C m T5 " .r- o) m m G S 3 m r ca T m o C? to ; O p to 03 L), o o m a, o co ?CD m CD ti CIO ZP Co ,. m m? o c• c- `°> SID m ors 3y Cmu0 Z? a?m•'° mm ?°c? a to 3 = a aso m C ? c p ZU pm ?, 0 ?-r t-OU m N Z to w ID C) ? ? _ Z z.Qp 3s, .. m U m U U m l" Z m 1- 0 J ?? o ?rZ,y to 4 U m INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE--P N SYLVANIA 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 29th day of July . 1996 by and between the-Secarary of Veterans Affairs, an Off+cer of the United States of America. whose address is Departmentof Veterans Affairs, Wash- ingloo, DC 20420, (of the first pair) he4vinafier called the SOW and the successors in such office, as such. and melvin L. Liue & Derrick R.C. Miller (of thesworldpan) hereinafter called theHuycr 2_ WITNFSSETH. That it is mutually agreed as folhrww The Seller hereby agrac? to sell to rho Buyer and the Buyer hereby agrocs to purcha+c from the Seller all that teal property situated in The Borough of Carlisle . County of Cumberland and Commonwealth of Pennsylvania, hereit, referred to as "the property and more fully described as fellows: 550 W. Fenn Street Carlisle, Pa. 17013 3. This Agreement is made subject to: (1) Existing lases and to tights, if any, of persons in possession, if any. (2) 'The general taxes and special assessments which the Buyer hereinafter eoveaams to pay. (3) Building line and bufh?ing and liquor restrictions of record. (4) Zoning, and building laws OF ordfrhanccs. (5) Party wall rights or agrcerrtcaM (6) Roads and highways. (I) Covenants, conditions. exceptions, reservations, restrictions, or easements of record- (8) Rights of all parties claiming by, throttarh. or under the Buyer. (9) Any state of fats which an accurate tuuvey would show. . (10) All unpaid water and sewage disposal charges for services rendered after the dare of delivery of this Agreement. (1l) All contracts or agreements. recorded or unrecorded. for furnishing get, electricity, water, or a sage-dimmsat servitx (12) The constitution. bylaws, rules, regulations, resu iedons, charges, fix assessments of any civic impmvementor otherassociation. corpora- tion, or district. which affect the property. (13) Coal Notice under the Biltuntinous Mine Subxidcrrcc and Land Conservation Act of 1966 attached. The Buyer shall indemnify and save harmless the Seater from all leas 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 the Setter for the property the sum of Ninety Five Thousand One .............. Dollars in lawful money of the United Starts of Aincriea at the (Regional Ofrtcc) (Center), Department of Veteran A1Tairs, an Agency of the United States, or at such other place within the United Stat" as the Seller or the Seller's Agent, tray from time to tithe de.elgnate in writing. at the times. in the amounts, and in the manner following: One Thousand One ............................... Dollars (S 1 , 001 .00 ) in cash prior to or upon the exewtion and delivery of this A®teerntent. the reocrpt whereof is hereby acknowledged. and the balance of Ninety Four Thousand ........................ .. Dollars(S 94,000.00 )herciprefestzdtons"principal sum" Of as "principal," with interest thereon at the rate of a=. percent ( 8 %) pc9 annum from the dale of July 29 1996, which sold principal on the unpaid portion thereof shall be payable in equal monthly instal imems as follows: 689.75 Six Hundred Ezghty Nitre and 751100 ................collars (s ) on the fast day of Septembp'}r.? . 1996 , Arid a tike am our the first day of each rnonth thereafter 1•or Three Hundred Fifty Nine eonsecudve? additional months, until said principal and interest shall have been fully paid, Unless sooner paid, the unpaid belarwe of principal plus the accrued and unpaid interest shall be due and payable on the First day of August 2026 Of the total purchase price paid for the said described property. the anxxutt off --^--^-- is a rehabilitation loan granted pursuant to Public "w 100-199. to be disbutsod undera separate Escrow Agreement which rehabilitation hraa beaca the same rat of interest as the balance of the amount remaining and to be paid For the property. APR 19M 26-6.336e M-00 ISO rev A"/ Eft as hereinafter otherwise provided, each payment made hereunder shall be credited rust on the interest then due as herein provided remainder shall be credited upon the unpaid principal. Additional payments of principal in any amount not less than the atruountpf nine motrhiyr iy installment at above provided. or One Hundred MOO-00) Dollars, whichever is less, may be made at any time and shall be coedited tut the unod 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 rants, sewer charges, asscxsments, and other charges payable in years subscqucot to the year 1496 or levied after the doe of execution of this Agreement, or for improvements which are uca dren completed upon the property, are and shall he the obliga- ticm of the Buyer, and Buyer covenants to pay the same in the meaner provided in ltarabrnph :raven 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 Dow a hueaher made on said promises and will pay any premiums therefor promptly when dire. All insurance shallbe embed in companies, approved by Sellerand policies and renewal thereof shatl be held by Sellerand have ¦ h ' 1 payable clauses in favor of Seiler as Seee ctary of Vescram Affairs in acceptatdc forrt>_ In the t:vera of loss.. Buyer will give i r Seller and Seller may, but is not under any duty to make proof of loss, irsuch proof is not made promptly by Buyer. All i carriers ate luthorized and directed to snake payrocnu for such loss directly to Seller instead of to Bayer and Salter jointly. The from the GP -lb It loss propertytdnrt?a or any part thereof may tee applied by Seller either to reduction of the indebtedness or to the restoration Vault. 7. Together with and in addition to the monthly payments of principal and interest Payable undo [her Shereof, Buyefwuf pay _ [ter on the firsl day of each month until the terms of this contract have been fully complied with, the following _• /,; (a) Such amount or amounts as may he necessary to equal all or any of the premiums which next aL;?. tad paypbly?p?the'.diet or policies of fire and other hazard insurance covering the property, plus taxes tint next due on the property (all as estimated by Seller, And of which Buyer is notified) less all mum already paid therefor nvudcd by the number of months to daps= before one month prior to the date when such prentinim. truces. ill become delinquent. such sums to be held by Seller is Trust (irrevocable until all of Buyer's utelillations under this Agreement are discharged) to pay said ptemiam ss taxes, (b) The installment for principal and interest muted in paragraph 4 which sum plus the amounts payable pursuant to subparagraph (a) of rhds paragraph shall be paid in a single payment eoch month. Except as otherwise provided in paragraph 14, such payment shall be applied to the items and in the ostler seated betow: I_ Taxes. w fire and other hazard insurance premiums: II. Interest on the unpaid portion of the principal: and 117. Unpaid principal- constituCCanevewtofdefautihereutr- (c) Any deficiency in any such payment shall, unless madegoodpriortothcduedatcofthenext payment, dar The Seller may collect a "late charge" not 10 exceed an lomant equal in four (4%) per centum of the installment which is not paid within fifteen (15) dstys from the due elate tFxrour, to cover %he extra expense involved in handling detktqutot 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 furthe payment of taxes tM14 MnagwxnM or insurancepremiums, as the east may hi-_ such bcees shall be credited on subsequent payments to be made by the Buyer for such items. 'if, however. such monthly payments shall not be x11M- cicnt to pay such items when the surne shall become due and payable, the Buyer shall pay the Seller nny amount necessary to make up the deficiency. (c) All payments of said hearts 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 -calved 6y Seller, or be due, payable, past due, or delinquent on account thereof- if roquestrd by Seller. Sayer 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 desenDin ed by Sella to be required to meet the payments of taxes. 4tg14f7[ts xtma ettmund any pmmiurm 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 context, shall be made to rho Agent Cashier at the ofriiee of the Department of Vamans Atfain'designsted in ptuagraph 4, to the order of the Department of Veterans Affairs, unless the Buyer shall be notifted in writing to make such payments to another payee or place, and only such payarwts as shall be receiptrd for by the said Agent Cashier, or otter payee after notice to the Buyer• shall be recognized by the Sellm and alt 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 Tleasurer of the United States who is hereby authorized to commingle the sataie with the general funds of the United States- No intet?st shall be payable on the funds received by Seiler for any purpose pursuant to any provision of this Agreement. 11. Buyer covenants not to commit, permit. or suffer any waste to the property and to keep property in a Food stste, order And repair. Buyer funhor covenants not to abandon said property and not to use, permit or suffer the use of any afthe property for any illegal or immoral purpose and to comply with all lawc and ordinances which may in any manner affect the prolerty. 1 12- The Boyer is authorized and permitted to make such repairs, alterations, and renovations to said property as desired and delermined to be neces- sary at Buyer's own expense and without any li ability on the pan of the Seller for sane, as are approved in advance by the Seller. Pailwe of the Buyer to obtain advance approval for nepnirs, alterations. and renovations, to said propery, may at the option of the Seller, be considered a breach of the, terms of this agreement and an act of defuult- Buyer further covenants and agrees to snake prompt payment for all labor and materials in tacb beltalf expended and not to suffer any mechanics' or materialmen's liars to attach to said property. All such repairs and akerotions made by the Buycrshtdl inure to the benefit of the property and the Seiler io the event of a default in [tae terras of this ktreenen t by the Buyer. Buyer also covenants and agrees to eomplae and pay far the following repairs of alterations within ( ) bays after execution of this Agreement and that !reach of this covenant will constitute an act of derault- t3. No part of the property shall be used in the manufaclum sale, or distribution or intoxicating liquors_ 4 14. In the event Buyer fails, neglects or refuses to perform. in whole or in part, any of the covenants, agreements or obligations herein provided upon the part of Buyer to be performed. Seller is hereby authorized and empowered. withouu notice and at the cost of Buyer, to perform or cause to be performed, any or all o€said covenants, agreemmis and obligations, and to expend such sums of oroney as may be reasonable therefor. or for any odder purpose which in the opinion of selleris reasonably necessary for the protection of Seller, Seller's lien. investment or property- Allsnob sums of money so expended by Seller, together with interest thereon. at the rate aforetsid. from the several dales of expenditure iboxeof until paid, shall become. sea much additional indebladness tender this Agreement and shall be repaid by Buyer to Sdkr, in Iswfal money of the United Sent" of Ameri- ca, immuftately and without demand, at the same place of places as other stuns ere payxblc hereunder, unless Seller shall agree dm such sums be otherwise repaid, in whichevanf such repaytrrnt shall be made by BuyerioSclkrat such times andin sudsmaumrUSetksstrA tegnipe. Any f214me, neglect. or refusal by Buyer to repay such sums as heroin provided shhall constitute dcfaoh hereunder. Any payments made under the terns of this Agreement rnay, at the eloctioa of seller. be applied first to the rcpaymentof any runts Seller shalt have expended in accordance with the terms hereof. 15. Buyer hereby >ssigirs• transfers and sets over to Seller, up to the amount of the total indebtcdnatc of Buyer to Seller hereunder, all of Buyer's right title and interest in or to all awards and claims in connection with the condemnation of any of the property for public um, or for injury to any portion thereof. and the proceeds oral{ web awards orclaims afterpmyment therefrom of all reasonable expenses incurred, Including fns for attorneys representing Sella in any such proceeding, shall be pahd to Seller and Buyer's obligation hereunder shall thereby tic reduced an squat amount except to thecxpeal Seller ckctx to use the funds to improve the property lit accordance with paragraph 16. Seiler is hereby authorized in the name of Buyer to execute and deliver valid aequittames thereof and to appeal front or otherwise appropriately titigale any or all or such awards or claims. Seller shall be under no obligation hereunder to sell or convey all or any part of the property, or tight or interest Herein which is coridemued- 16. All moneys received by Seller under any policy or policies of insurance or any condernation award or otter award after payment therefrom of all reasorrabic expenses incurred in connection therewith, including fees for attorneys representing Setter, may at the option or setter be used for the purpose cif repairing, restoring or improving to damaged structure upon the property or may be credited on the indebtedness in accordance with the provisions of this Agreemert. 17_ Execution and aaxplance of this Agreement by the Buyer constitutes delivery to and acceptance by the 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 %brcoo erected, have been inspected and examined, that buyer is satisfied with its and their condition, and that the property and the buildings and i ntprovatments thereon erected in such contrition arc being bought and accepted without any reprrscruation whatsoever by the SrJlcr, except as may be provided in paragraph l i of Agivemcnt of Sale dated June 19 1996 . The Buyer assumm responsibility for injury or death on or arising out of the property and assumes the risk of loss or damage to the buildings now situate, or hereafter constructed, in or upon said property by fair, casually, air other lappening and shall indcnvuify and save the Seiler hacrntem from all loss arising from or by teasou of these events or incidents. I8. Time is ordict essence ofthis contract and iftlefault be cruide and continued for a period ofthinty (30) days in the payment of-any ofthc insWiment% of principal, interest., or any otter item hereinbefore stipulated, when the same become severally doe hereunder, or in tie payment of any other sum herein agreed to be paid by Buyer, or if default be made in the performance by Buyerof any other Agrecroan, covenant or obtigatiora of Buyer hcreun- der. or in the payment of taxes, water tents, sewer chu ges, assessrrttrtM or other charges which may be made or levied against said propotty subm- aucal to the execution and delivery of dais Agreement which the Buyer isobligated to pay promptly before default, or if the Bayer should fall or refuse to produce pr'op'" receipts for the pnynteni of umhc; or if the Buys should permit die filing of any mcclmnic's or materialmans lien against said property or commit any waste thereof, then in any of said events, the whole unpaid balance and sill interest Ihcrcntt chic under the terms or this Agree- rent shalt, at the option of the Sella, immediately become dim and payable aryl may be enforced and rccovcrod at once, anything therein contained to tow contrary notwithstanding, and Seller may (a) lerarh)ruate, with or without notice and with or without judicial proceedings, ail of Buyer's right, title, and interest in the property: or (b) enforce Boycr s obligation hereunder in any appropriate proc^ceding, legal or equitable. Buyer agrocs to pay a)) costs and expenses, including a reasonable sum for attorneys fan inured by Seller in terminating Buyer's rights under this Agreement or claims to the property or in enforcing any or all of the tenets of this Agreement, and in appropriate judicial proceedings, if any arc initiated to establish or maintain Seder's right or title to, and possession or said property aRcr breach by Buyer, free of any tote or claims of Buyer. 19. Upon Seller exercising the right of tcrtitinatioA as provided herein, all rights, estate and interest hereby created and then existing in Buyer and in any and all persons claiming wider Buyer, shall wholly raise and determine. Buyer iiutil dreraipon quit and surrender to Seller without demand, peaceful possession of said premises in as good condition as they now am reasonable wear arad tear alone excepted. In the event Buyer neglects or refuses to surrender such possession wpm obligated to to do it shawl be )awful rorScikr to ancr upon and take possession of such p rent. without notice. and remove all persons and their property therefrom. 20. The provisions of paragraphs 19 and 20 of this Agreement shall also apply at the option of the Seller to (l) any violation or breach of any of the coverants, conditions. or restrietionx sea forth in this Agreement or which may be of record in prior deeds of conveyance affecting this property and (2) to nny vietatitio of any laws or ordinances in any manner affecting said property. 21. Setlcragrecs upon reecipto(paymcnis in asecotdance with the provisions hereof. of the entire principal sum with intcrcdt, io execute and deliver a special Warranty Decd on VA f=orm 26-6436a conveying the title to said property to Buyer in such marina and form as Sdkx elects. Such deed may be delivered at such earlier lime as Seller may elect. Said Decd will be on Seller's form and conveyance shall be made under and subject to any restsic4oat. reservations. and exceptiorts of record and also subject to all National and State taws. slawtes_ and regulations, then affecting the transfer of reap estate or of any right therein, In Else event any part of said principal sum xhall not have born pair{ at the time of the execution and delivery of the dead to said property. Buycrshall simultaneously execute and deliver to Scher a Mortgage Note in due just or principal sum remaining unpaid, ttrgcaher with interest theroon u the rate provided in paragraph 4 hereof, payable fn installments or the same amounts as sated in said para- grapk and a purchase nxincy mahrtgatc of said pterniscs to secure the same, which mortgage shall be a first licit oil the property. the Mortgage Note and Mortgage shall bear the same date as said Dotd: they shall be on the rants of such instruments then in use by the Departmerttof VrAcrans Affairs or fns successor in interest, mo)ifird 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 horror. 23. Buyer shall pay for all according. uansaclion.transfer,eonveyanccandottertaxmupon tiny deed, bond. mortgage. or other irnlruincnlexecuted under tlic terms and provisions of this Agreement and for all revenue, documentary. or other stamps required to be affixed to any such instrurracnt and shall also pay the fees for recording the dew and the mortgage, if any, when executed, as well as all amts and expenses for such title search as the Buyer may clod to have made 24. 'Rue Buyer "I notify the Sellerof an assignmcnt of the Buyers interest in this contract. Seller may at any time sell and convey the ptopcrty subject to this Agreement and may assign this Agreement and any and at rights hereunder without the consent of the Buyer. 25. Airy notices from octc party hereto to the other party shall be in writing and delivered in person or forwarded by certiracd mail. Notices shall be addre=ssed to the Buyer at the property hcrciaabovo demribod unless written notice of a different address shult have been previously dclive rc d to Sclk . in which evert notice shall be scat to such addrem. Notices to Seller shall be addressed to the Laan Guaranty Office, Department of Velctraas Affairs at the Offic= where this Agreement is executed until Buyer is notirm d in writing of a changed address. 'rocaraftcr any notice shall be sent to the last address of which Buyer shall have born notified- 26_ Buyer hereby authorizes sup empowers any attorney of any court in the Comcuonweatth of Pennsylvania or elsewhere to appear for there and each or them in any and all actions to be brperght for any breach or default of the terms or ibis Agreement and hereby con roasts judgmont in favor or The Seller for the whole amount of the principal sum and any interest remaining unpaid thereon, whether the same shalt have been due or nix. together with an attorshcy's cntnmtasion as- fcc of rrvc (5%) ptaccnt. with or without prior dcclaratirm made, waiving stay of execution, inquisition, and all ca.cmption laws. 27. And the said Buyer hereby, upon the breach of any of the conditions of this Agreement. authorizes any, attorney of any count of Record to appear for there and each or them and enter an amicable action of ejectin at and confess it judgment of ejectment therein for the promises herein described and do Authorize the Imnardh ue issuing and tnteeudon of a writ of habtre faeias possessionem with clauses of tied facias for costs and five [396) percent attorney's commission or fix, without aslctag leave of co uri 28. All nwacys paid by Buyer to Sella utdct the terms of this Agteeanmt shall be reubted by Scher as compensation for the use and.aceuicafty of the property, consideration for the execution of this Agreettunt and not as liquidated damages to Seller for default or as //a pea ' ' 24. Failure or delay or the Seller to enforce any right ar to exercise any option hereunder available because of any default shin not operate as a waiver of the right or btu Seller to thereafter enfarec such right or to exercise such option or any other right or option, for the s toe or for any subsequent default. l[( 30. Buyer expressly agtel:s that the tights and remedies herein granted Seller in the: event of default. to enforce the terau grid aond'uioaeof this Agree- ment, the i cvvcry of damages for any breach, or possession of the above.described property, may be exercisable as often as there is default oo the part of Buyer and shall not be exhausted by one or mom uses Nrcrtof, and that it shall not be necessary to file the original of this contact as a warrant of attorney if a true copy hereof shall be filed in any action, 31. The covenants, obfigatitrtis, Iiabilltits, temps and provisions herein shall inuretotheBuyerjolnelyanda veuallyandtotheirandeachortbeir and assigns of the Shcor X 32- This Agreement shall not be recorded in the office for the to be scouted hrlshe wit[ be considered in default with the right rights hereunder because of such default- atc a 33. Buyer i deistands and rig, that if ibis Installment Agree loan io the hands of an escrow agent shall immediately be returned : 5 34_ This loan may be declared immedituely due and puyabte upon «msferorthe ity of the assumption of the Joan is established either pursuant to the provisions loan holder if the loan has been sold without recourse. upon, and the benefits and advantages hereunder adminisunicirs. and assigns, and tothe successors '? or piece of public record. If Buyer causes IT t coma r and to enforce and exercise Sellet's any remaining amount of the rehabilitation AMC-). securing such torn to any transferee, unless the acceptabil- r 3714 of chapter 37, title 38, United State Code, or by the 35. A fee equal to one-half of 1 percent of the balance of this loan as of the date of transfer of the property shall be payable to the Department of Veterans Affairs at the tine of transfer. Of the te-sumer fail- to pay this Tee at the tint- of transfer; the fee shall constitute an additional alert to that already Tinctured by this instrument and "I bear interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or tiny transferee hereof. the full indebredness.shall be immediately due and payable.-"is fee is autonvtieatly waived ittbe assuater is exempt under the provisions of 3g US-C_ 372Wb). The assumer is not obligated to pay this fee if the Department of Veterans Affairs has sold this lout; without recourse- 36. Upon application for approval to allow assumption of this Idan, a processing fee may be charged by the Department of Veterans Affairs or its successors orassigns for determining titecreditwotthiness of the assurner and subsequently revising the ownership records when an approved transfer is completed. The amount of this charge shall not exceed $300. IN WfrNFSS W14FREOP the Setter bas caused this instrument to be sigtierf and s=led in hiatber name and in his4w behalf by the tmdersigne,t enVIOyex, being then-,) duty appointed, qualirxd and acting pursuant to title 3g, United States Code, sections 212 and I M. and title 31, Code a Federal Regulations, sections 36.4342 and 36.4520. pursuant thereto, as amended. and wlio is authorized to execcia- this inetruime nT, and the Buyer has beretinto set hi~ individual frond and seat on the day and year first above written. . NOTICE-T[i1S DDCULIIENTMAY 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 OWN- ER 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 OFTHE LAND AND ANY HOUSE, I3UJLDING OR OTHER STRUCTURE ON OR IN SUCH LAND- THE INCLUSION OF THIS NOTICE DOES NO'Y ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPIE'D OR RESERVED BY THIS INSTRII- mrM. (This nonce in set forth in the martner provitiad in Section 1 of the Act of A dy 17,1957, P.L. 984, as amended, and is not intended as notice of unrecorded Instruments, It any.) SEALED AND DELIVERED IN THE PRESENCE OF The SecMmy of Veterans AfFairs -c°- By - --------------- --- --- ------- ------------------- (SEAL) C_ C-AGLT01 Ttt[et -----beau-lister g_Off?ce=-------------- --- -- ` --- - ------------------ ? VA Regiottai Office or Regional mrice & Insurmice Center, )? IIIPL_" -------------------- PA_ Telephone. f-?-15)_A51=SA17_ or _$519 ----------- (Area Code and number) (Pursuant to a delegation of authority in 39 CFR 36_4342 and 36.4520.) [SEAL) /// YlELVIN L. LINE (Brayer) ERRICK R.C. tt.L$ - (SEAL] uyer) FOR VALUE RECEIVED, JESSE BROWN, SECRETARY OF VETERANS AFFAIRS, An Officer of the United States of America, acting herein by G. C. CAGLIOLA, Loan Guaranty Officer of the Veterans Administration Regional Office and Insurance Center, Philadelphia, Pennsylvania, hereby endorses, sells, assigns, and transfers pursuant to Veterans Administration Regulation 4600 to BANKERS TRUST COMPANY OF CALIFORNIA, 31.B, AS TRUSTEE FOR VENDER MORTGAGE TRUST 1996-3, WITHOUT RECOURSE, EXCEPT AS PROVIDED IN A IRAN SALE AGREEMENT DATED SEPTEMBER 1, 1996, a trust which is established under the laws of the STATE OF NEW-FORK, having its principal place of business at c/o Bankers Trust Company of California, N.A., 3 Park Plaza, Sixteenth Floor, Irvine California 92714, its successors and assigns, all and each of the ONE INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE - PENNSYLVANIA listed in Annex "A" attached, which is made a part of and herein incorporated by reference, the sums payable thereunder, and all right, title and interest in and to the same, together with all rights, remedies, and powers pertaining thereto. The Assignor warrants and represents that each of the Contracts assigned was executed and delivered to the Assignor as Secretary of I i veterans Affairs, an officer of the United States of America, or to his predecessor or predecessors in such office as Secretary of i veterans Affairs, an Officer of the 'United States of America, as such, in connection with the sale of. real property as therein described, for the consideration and on the terms mentioned, to secure the unpaid balance of the purchase price of said property; that the Assignor has good title to said Contracts and the legal right to sell and transfer the same to the Assignee; that no agreement, oral or written or other paper except each of the within contracts, was executed or given by the buyer in connection with each transaction, to the seller; that possession of the property described in each Contract has been delivered to and accepted by the buyer therein named; that said Contract is valid and subsisting; that there is still unpaid and owing thereon the unpaid balance shown on schedule heretofore furnished the Assignee and herein incorporated by reference. THIS transfer by assignment is ][ITHOUT RECOUME except as provided in a Loan Sale Agreement dated SEPTEMBER 1, 1996. NOW THREFORE, IN CONSIDERATION OF THE PREMISES, JESSE BROWN, -Secretary of veterans Affairs, an Officer of the United States of America, and his successors in such office, as such, acknowledges and covenants that title to each of the premises described in the INSTAX"KENT CONTRACT-FOR SALE OF REAL ESTATE - PENNSYLVANIA hereby assigned, is held for the use and benefit of the Assignee, as well as security for said Contracts and that as of the date hereof he stands seized of said premises in trust for the Assignee, its successors and assigns. That, on the Assignees written.demand, the Secretary of Veterans Affairs, and his successors in such office, will convey the said premises, in accordance with the terms of said INSTALLMENT CONTRACT FOR THE SALE OF REAL ESTATE -- PENNSTLVANIA to the purchaser or to the nominee of the purchaser of said property. The Secretary of veterans Affairs, and his successors in such office shall have no. responsibility in relation to said premises, the care or management thereof, the taxes assessed and levied. That, in the event the Secretary of Veterans Affairs, and his successors in such office is required to stake and exa.-.,te a deed to convey the property in accordance with the terms of any of the ?At tatst?r CONTRACTS FOR SALE OF REAL ESTATE - PENNMVANI.A he will do so. xx vITNESS WHEREOF, I have caused this instrument to be signed and sealed in my name and on ray behalf by the undersigned Loan Guaranty Officer; being thereunto duly appointed, qualified and acting pursuant to Section 212 and 1820 of Title 38 U.S. Code, and VA Regulation 38 C.F,R. 36.4600, this 26th day of SEPTEMBER, 1996. (SEAL) S BROAN, Secretary of Veterans' Affairs By * /0 (SEAL) G. C. AMIO+- Loan Guaranty Officer, Veterans Administrati.ca Regional Office and Ins. Center, Phila., PA, Telephone No. (215) 438-8850 pursuant to a delegation. of authority contained in VA Regulation 38 C.F.R. 36.4600. PENNSYLVANIA THIS INDENTURE made the 26th day of September , 1996 between the Secretary of ake Dcpartmera of Veterans Affairs, an Officer of the United States of America, whose address is Department of Veterans Affairs, Washington D.C. 20420, hereinafter called the Grantors and Bankers Trust Company of California, N.A., as Trustec for Vendcc Mortgage Trust 1996-3, without recourse, owept as provided in a Loan Sale Agreement dated September 1, 1996, hereinafter called the Grantee: VMNESSETH that the said Grantor for and in consideration of the sum NINETY FIVE THOUSAND AND ONE ($95,001.00) DOLLARS the receipt of whereof is hereby acknowledged, hereby grants, bargains, sciis, aliens, enfooffs, releases, and confirms unto the said Grantee and Grantee's heirs or successors and assigns, unto the Grantor herein, in fee. ALL THAT CERTAIN tract of land, Situatc in the Fourth Ward of the Borough of Carlisle, County of Cumberland, and State of Pennsyhnania, bounded and described as follows: BEGINNING at a point on the South side of West Penn Street at the comer of Lot No. 4 on Plan of Lots of the Executors of NfargavA R Mwk deceased; THENCE Southwardly along said Lot No: 4, Dow or formerly of Albert L. Nidxy, et al, a distance of 120 feet, more or less, to a point on the North side of a 12 foot alky; THENCE Westwardly along the said allay, a distance of 50 feet to the Southeast comer of Lot No. 6; THENCE along the said Lot No. 6, Northnardly this Lot No., 6 being the property now of formerly of Albert L. Nickcy, ct al, a distance of 120 feet to a point on the South side of the said West Penn Street; THENCE Eastwardly along West Penn Street, a distance of 50 feet to a point of BEGINNING. BEING the same premises which Carl D. Haynes and Diana Haynes of Cumberland County by decd dated April 4, 1996 and recorded April 19, 1996 in the Office for the Recording of Deeds in and for Cumberland County in Deed Book 137 page 959, granted and conveyed unto the Grantor herein, in fce. 4• TOG$THER with all and ss odor the impaova meat,, ways, screeds, alleys, passages, wares, watacoorses, eights, h'berties, privileges, handdamouts, and app utenanoes whatsoever thaamtn belonM on is any wise apupaWning, and The revasions mad ,aroma ct% rent,, ieaax?, and profits thaeaC acrd all the estaie, rigK title, interest, p vperty, claims. and demand whatsoever of the said proem , in law> equity, or otherwise howsoever, of; in, and to the same and gray part O=Wf. TO HAVE AND TO HOLD the said lot or piece of ground above described with the havditarneats and appurtenances, unto the said Crtmiec and Gramx's heirs or successors and assigns, forever. Gramm covenants to warrant and defend all the hereinabovc described against all persons lawfully claiming or to claim the same or any part thereof by, or tmder Grantm i N WITNESS WHEREOF, Granter on the day and yew, first above %whim has causod this instsu.'nait to be signed and sealed an Grantor's behalf by the mid=signed, being idtereanto duly appointed, qualified and acting purxrtaat to title It. United States Code, sections 212 and 1820, and title 38, Code of Federal Regulations section 36.4342 and 36.4520, pursuant thereto, as amended, and who is authorized to execute this instrument S&4LE,D AND DEI.i't KR" IN THE PRESENCE OF- The Of airs (SEAL) C. CL /7? Title: Loan Gnanrty Otticer Veterans Af]airs Regional Office or Regional Of cc & Innaance Centex BHI?_L PA Telephone X215 951-7847 (Area Code and Ntvnbex) STATE OF PENNSYLVANIA ) ) ss: County of PF n"ELPHIA ) (Prusant to a delegation of audwrity Contained • in VA Regulations, 38 C.F.R. 36.4342 and 36.4524.) On ibis date, before me, the undersigned. personally appeared G, Q CAGLlOLA . an a mployoc of Veterans Affairs, as agency of the United States Gmetvramt, signer and scaly of the foregoing instrument and acknowladged that helsbe executed the some in the capacity therein stated for the puucposes therein contained, and as the dead of the S=elaty of Veterans Affairs. IN WIITeiESS WHEREOF, I hereunto set any lend and official seal this the 1 day of W4?w , 19 6 . My commission expirtr NOTARML SEAL ;M10CE V. 1 1 U. Norm i`Laa Qty of PtrladdPha. Phila. Co" Note ry Public in and for the Pq-M3s;M &Dkes t i 199Ei County and State aforesaid. I hereby cml* that the p>rccise residence of the ivithw-named Granux is: OR Bankers Trost 99tnga3ry of CaliLorWa. N.A., 3 Paris Mary, Sistseatfi P3oor, Irvln% Cai?foraia 42714 'Print, trypewritq err st:ayr Ramer of each party lmmedlately below each signature. SmicallAmerica 'may Ilona Loans PO Box 9048 Temaculs, CA 92589-9048 Sent' Payments To: PO'Box 860694 Dallas, TX 75266-0694 Send Correspandsnae 6o: PO Boot 5170, MS SV314B Simi Valley, CA 93065 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO elpFMt I•nl•111°lul•^4bI1i1111'I111•III''^hl'tllln'nlllltlt•'I Derrick R Miller 550 W PENN ST CARLISLE, PA 17013-2236 122'5-3 Guth rr " ISO BankofAmerica Hoare Loess P_O. Boor 660694 Dalras, rx 75266-0694 Derrick R Miller 550 W PENN ST CARLISLE, PA 17013-2136 Send Payrnenis to: P.O_ Box 660694 Dallas, 7X 75266-0694 11/17/2009 Account No.: 873324830 Property Address: 550 W Penn St Carlisle. PA 17013 Current Serviicer: BAC Home Loans Servicing, LP 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 defauk is provided In the attached Races. The HOMEOWNER'S EMERGE CY MORTGAGE ASSISTANCE PROGRAM IHEMAPI 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 WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. This Notice contains important legal Information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOI IFICAC16M EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VNIENDO EN SU CASA. Sl NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16H INMEDI kTAMENTE LLAMANDO ESTA AGENCI , (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NOMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRI`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): Derrick R MUler PROPERTY ADDRESS: 550 W Penn St Ca isle. PA 17013 LOAN ACCT. l : 873324830 ORIGINAL LENDER: CURRENT LENDERiSERVICER: BAC Honie Loans Servicing. LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM SAC Horne Loans Servicing, LP is a srbsidrary of Bank of America, NA- Pleam write yak aoear4 mrrber on all checks and masapondaro We may d.arye ym a tae lw wry payer mUxnad or m*ciad by yo rrsrrdal kwon subject is appit?le taw. BLQPA I &WV107M QN &CM Derrick R Miller Balance Due for charges listed above: 54,601.00 as of November 17, 2009. Make ywr check prayade to SAC 550 W Perm St Hare Loans Smialnp, LF Ptease wdsre s. W Info tan w rho revers slur arVes ewpam Carlisle PA 17013 P*= sendast Y7 rainclude coupon vent Yak y , FG? At^oPp' p Fm all U month payment periods, inbred 9UpA1 Adyabnsl it cafalaW an a ? lIIII,i{ {I I'I' {?Op1' f1ItI111 n.lf 1I r.Illl I{ I' 1' {' 'f Aoxrdnpy, iribmtol for fifUlrrordts 1 I I l II I111 Ifl I ir HI f calmAmW Indudng Febmary. p s BAG Home Loans Servicing, LP o t vjW i t kmzped? PO BOX 660694 ft aced number of days in tm monr, Fa parw mamba irtaem is ealataw Dallas. TX 75266-0694 , ? dalY arthe basis ar n 385 day year. 873324830900000460100000460100 1: SEM99[]0 581:8 733 248 30"' YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE °Acr"), 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. TEMe2RARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for Thirty (30) days'from the date of this Notice. During that time you must arrange and attend a "faoe-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR_Y TTHIN THE CONSUMER CREDIT COUNSELING AGENCIES - If you rneet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for Thirty (30) days after the date of this meeting. The names addresses and telephone numbers of des gnated consumer aredit counseling aoendM for the coum in which the nropedy is located are set fbith at the end of this Notice. it is only necessary to schedule one face-tD-face meeting. Advise your lender immed Iv 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 infortnation 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 (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, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY AgMQN - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after It receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) 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 Tk1E DEFAULT - The MORTGAGE debt held by the above lender on your property located at 550 W Penn St Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amourrts are now }past due Monthly Charges: 07101/2009 $4,493.15 Other Late Chances: Total Late Charges. $107.x5 Uncollected Costs: $0.00 Partial Payment Balance: ($0,00) BAC Home Loans Servicing, LP is a subsidary of Bank of Americo. NA E-mell use: Provkft your a-na address below wX allow us b said you »/drnadon an yaw acmunt, NOW we pad yaw prgmWft All accepted Aemat Nm bw:8t3U"" psynrerds of pindpw and hitarest will be appled ei Derrick R FAfWer E-"W address: the 10p a&ArW inp Insta4nera due, unless ctherwisa e y ProhbW or Witted by iaw, k ym -ft an arnourt in addition to your sdreduied nnortily an-tat, we vA apply your peynbrts as lolavs: (i) to octta%M*Q M01" payments of PrincgWl and iterask n escrow da6aervies. 1A late changes and odrer amounts you ogre in comedion with your ben and rtv) b reduce the arasmrdvv pwrdlnr balance of your loan. Fleece spedly If YOU wart an addi MW anamt applied b hmae payments, rather drat principal n Kh ion. Poddabd dteolra; PoaWated dredca vA be Wombed on the data received utess a loan C-M38101' agaea b hoW the dde *Tkm an the check as a mndlnon of a repayment pter< TOTAL DUE: $4,601.00 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use If not aoplicabie)l HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS at the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,601.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY, (01 DAY PERIOD. Raceme tg must be made e' er by cashlers check, certified check or money order Made Payable and sent to: BAC Home Loans Servicing, LP at P.O. Sox 660694. Dallas, TX 75266-0694. You can cure any other default by tafdna the followina action within THIRTY (30) DAYS of the date of this letter. (Do not use if not aPPilcebte) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) 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 (30) 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 Shert f 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 fender 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 SHIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The tender 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 SHERIFE'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you stiff have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sate and any other costs connected with the Sheriff's Sale as specified In writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It Is estimated that the earliest date that such a Sheriff's 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 Sheriffs 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: BAC Nome Loans Servicing, LP Address: P. O. Box 660694 Dallas, TX 75266-0694 Phone Number: 1-800-669-6654 Fax Number. 1-805.577-3432 Contact Person: WS TX2-981-03-03 Attention: Loan Counselor EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy It If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your fumishings 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. 1 TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. SAC Home Loans Servicing, LP is a subsiaary of Bank of America, NA M%Xt TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default Pursuant to your loan documents, BAC Home Loans Servicing. LP may, enter upon and conduct an inspection of your property. The Purposes of such an inspection are to (1) observe the physical condition of your properly, (ii) verify that the property is occupied and/or (iii) determine 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 17, 2009, BAC Home Loans Servicing, LP warts you to be aware of various options that may be available to you through BAC Home Loans Servicing, LP to prevent a foreclosure sale of your property. For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through BAC Home Loans Servicing, LP. Our basic plan requires that BAG Home Loans Servicing, LP receive, up front, at least 1/t: 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- 0 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 BAC Home Loans Servicing. LP 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 Notaholder and avoid the foreclosure sale. If you are Interested in discussing any of these foreclosure alternatives with BAC Home Loans Servicing, LP, you must contact us immediately. If you request assistance, BAC Home Loans Servicing, LP will need to evaluate whether that assistance will be extended to you. In the meantime, BAC Home Loans Servicing. LP 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 17, 2009 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 1-800-669-6654. I CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Adorns County Interfaith CCCS or Westem PA Community Action Commission Housing Ar.Mority 2000 Ungiestovm Road of Capital Raglan 40 E High Street Harrisburg, PA 17102 1514 perry Street Gettysburg , PA 17325 888.511.2227 Harrisburg, PA 17104 717.334.151 B - 717232.9757 Loveship, Inc Moranothe PHFA 2320 North 5th Street 43 Phkedelphia Avenue 211 North Front Street Harrisburg, PA 17110 Waynesboro, PA 17268 Harrisburg. PA 17110 7172322207 717.762.3285 717.780.3940 600.342.2327 RAC Horne Loans Servicing, LP is a subsidary of Bank of America, N.A. BaokafAnwiica -qpl Ils??s Lomas PO BoX 8048 Terroo do, CA 82589-9048 Send Paynwtdu To. PO Box 660694 Danes. TX 76266-0094 Send Correspondence b: PO Box 5170, MS SV314B Siml Valley, CA 93065 PRESORT Fret-Class Mail U.S. Postage and 1111111111111111111111111111111111 - Fees Paid WSO 2227591508 001117-1 eLpPA1 11111•.11.1-111+I-111-rIh- 1.1.1 n.rtl11,111 l•II1 11111J.dIF1 Melvin L Line 550 W PENN ST CARLISLE, PA 97093-2236 1225-3 V µ BankofArnerica Nerre Loads P.O. box 660694 Dallas, 7X 75260-0594 Meivln L Line 550 W PENN ST CARLISLE, PA 17013-2236 Send Payments to: P .O. Box BOW94 Dallas, TX 75266-0694 1111712009 Account Na1111111111111INNIft Property Address: 550 W Penn St Carilsle, PA 17013 Current Senricer: BAC Home Loans Servicing, LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Is an official notice that the mortaagg on Vour home Is in default, and the sender Irelands to foreclose Specific inforrtlation gboujt the Wure of the deeaulire Provided in the attached Rages- TheOMEOWNEWS EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to help to save your home. This Notice explains how the grogram works. To see If HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselfna Agency. The names. addntsses and phone numbers of Consumer Credit: Counseling Aaeneies serving your County are listed at the and of this Notice If you have any nuestlons you may call the Per)nsyivania Housing Finance Agency toil free at 1-eo4342-2397. (Persons with im2alred hearing can call 1-717 TS0-18®9) . This Notice contains important legal Information, ff 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 attomey in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAC16 M EN ADJUNTO ES DE SOMA IMPORTAN CIA, PUES AFECTA SU DERECHO A CONTINUAR ViVIENDa EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL N(JMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRItSTAMO 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): McWfn L Line PROPERTY ADDRESS: SW W Penn St Carlisle. PA 17013 LOAN ACCT. NO._ 873324830 ORIGINAL LENDER: CURRENT LENDERISERVICER: 13AC Horne Loares Servicing. LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM SAC Flame Loans Servicing, LP is a subsidiary of Bank of Anierica, NA Pbaae write your nowwd n slow on A ahedra ard ownVonderce_ We may dw9e you a lac foranypaymenl rwL dorrefecled by yowGwwWhirbuilr(=4W to apokable law. BLGPAI 5323'107ffi 0411&W% Pa 0wd i*ttdkrx lin angam Melvin L Line Balance Due for charges ft W above; $4,601.00 as of November 17 2009. . Mbaks your d parade to BAC , 550 W Penn St Roma Loam Semdnp, LP . Don't wrd cash Cer{tsle, PA 17013 Fbasa apax.e mar tarwnweoe on Ina -m wm orm, rnpon. Fi a include eoMon with yow p®Yrrant FH<+Qd For W U morth paymem pwode, Intwes! 5LL1PM .aaUtlEVr d is coWl-Wed on . basi& Aaoordnyy, InWem b aft (fly rrto Ww. P6?'Ltl?lll?lrF?.?11111it?r?I,?.??.F'i..dl?l+{1, ?111I1I1.?F11 8vsw indudry Febn'ay, is cai.-49 d w 30rde0 of arnral Interest InuMecive of BAC Home Loans Servicing, LP th to ackM rnar8x of days in the monk. PO BOX 6110894 Far par!al nI tlm Merest is ralaAaw C r'i dory on the bate of a SIDS day year. Dallas, TX 75268 0694 873324830900000460100000460100 4 58 69900581:8 7 3 3 2 48 30,11 YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE °ACr% 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 (30) days from the data, of this Notice. During that time you must arrange and attend a "face-to4ace' meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THUS MEETING MUST OCCUR WITHIN THE CONSUMER CREDIT COUNSELING AOENCIES -If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for Thirty (30) days after the date of this meeting. The pronertV Is located are set forth at the end of this Notice. It is only necessary to schedule one face-fio-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 fallowing 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 Nodoe. 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 (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, 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 disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Fnance 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 an 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 550 W Penn St Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because YOU "AVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due Monthly Charges: 07/012009 OthgE Late Charles: Total Late Charges: Uncollected Costs: Partial Payment Balance: BAC Hone Loans Servicing, LP is a subsidiary of Banc of America, NIL E-nval use: Pfwidng your e-,nan address below will allow us b sand ym infamnalim an you acmurnt. Acaa+t Number. 87332+630 Me1Nn L Lie Small address: $4.493.15 $107.85 $0.00 ($om) How we poet your parrrniK Al accepted Payrnarms d p mdpel and ntersst Will be applied io lire to god aastannding lnsm4neM due, unless cli enrise apressly prohibited or tvdted by law. If you sibn A an anwurt in addition to yaw schedilad nuahry arrrourt, we VAR appry yea psymerts as blows: (1) to ouhtartdig niorely paytn rrts or principal and inlersst, M escrow defidrnr3as, (61) leh dirges annd oiw annonmts you owe in Connection wlh your loan rd Qv) b nedxx the abrandi g principal balance of your ban. Please ap" r you wart an addNaial arnourd applied to it*" payrrw ts, radrer am pvneipal redurbon_ Pwtdalad dn-11 Posiclated dlbtkb will be pronxaed an the darts recerved unless a ban cmiaebr agrees to honor the date wrtten at nine disk as a condition of a rapeyrnent plat. TOTAL DUE: $4,601.00 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not aoolicable)) HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS or the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. WHICH IS $4,601.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made elther by cashier's chec& certified check or money order made oayable and. sent to: BAC Home Loans Servicing, LP at P.O. Box 660694. Dallas. TX 75266-0694. You can cure any other default by takirra the followina action within THIRTY (30) DAYS of the date of this letter. (Do not use If not aoolicable) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) 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 (30) DAYS, the lender also Intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property L 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 attorneys 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 (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage- RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale_ You may do so by paying the total amount then past due, plus any late or. other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Shertlfs Sale as specified in writing by the lender and by performing any other n3qulrements 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 defautted. LMLI ST POSSIBLE SHERIFF'S SALE DATE - It Is estimated that the earliest date that such a Sheriff's 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 aeon will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: BAC Nome Loans Servldng, LP Address: P. O. Box 660694 Dallas, TX 75266-0694 Phone Number: 1-80"6"654 Fax Number. 1-805.577-3432 Contact Person: INS TX2-961-03-03 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 Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time- ASSUMPTION OF MORTGAGE -You 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 attorneys 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. SAC Horne Loans Sarvic»g, LP is a subsidary ot Bank of America, N A TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is In default Pursuant to your loan documents, BAC Home Loans Servicing, LP may, enter upon and conduct an Inspection of your property- The purposes of such an inspection are to (1) observe the physical condition of your property, (11) verfry that the property is occupied and/or (iii) determine 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 desaribed inspections aril 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 17, 2009, BAG Home Loans Servicing, LP wants you to be aware of various options that may be available to you through BAC Home Moans Servicing, LP to prevent a foreclosure sale of your property. For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through BAC Home Loans Servicing, LP. Our basic plan requires that BAC Home Loans Servicing, LP receive, up front, at least 'A 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 avallable. • 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 BAC Home Loans Servicing, LP even if your home is worth less than what is owed on ft. 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 Notsholder and avoid the foreclosure sale. if you are interested in discussing any of these foreclosure alternatives with BAC Home Loans Servicing, LP, you must contact us immediately. if you request assistance, BAC Home Loans Servicing, LP will need to evaluate whether that assistance will be extended to you. In the meantime, BAC Home Loans Servicing, LP 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 17, 2009 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 1-800-669-6854. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Adams Canty Interfaith CCCS of Westem PA Community Action Commission Housing Autlunity 2000 iJnglestown Road of Capital Region 40 E High Street Harrisburg, PA 17102 1514 Deny Street Gettysburg, PA 17325 688.511.2227 Harrisburg, PA 17104 717.334.1518 717232.8757 Loveshim Inc. Merenetha PHFA 2320 North 5th Street 43 Philadelphia Avenue 211 North Front Street Harrisburg, PA 17110 Waynesboro, PA 17268 Harrisburg, PA 17110 717.232.2207 717.762.3285 717.780.3940 800.342.2307 SAC Home Loans Servicing, LP is a subsidiary of Bank of America, NA EXHIBIT 6S" DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATE HOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT IN THE COURT OF COMMON PLEAS OF VETERANS AFFAIRS GUARANTEED REMIC OF CUMBERLAND COUNTY PASS-THROUGH CERTIFICATES, Plaintiff vs. MELVIN L. LINE DERRICK R. MILLER AND OCCUPANT(S) 550 WEST PENN STREET CARLISLE, PA 17013, Defendant(s) 1. ADMITTED. 2. ADMITTED. CIVIL ACTION -LAW ACTION OF EJECTMENT Civil Term No. 10-3280 ANSWER 3. ADMITTED IN PART AND DENIED IN PART. Admitted that the Secretary of Veterans Affairs entered into an installment contract for the sale of real estate with MELVIN L. LINE and DERRICK R. MILLER but Denied that it is not dated. The Date of the installment contract is July 29, 1996. 4. DENIED. The averment includes a conclusion of law to which no answer is required. S. ADMITTED IN PART AND DENIED IN PART, Admitted that the defendant, Derrick R. Miller occupies the property subject to the rights of the ownership of Plaintiff. Denied that the defendant, Melvin L. Line occupies the property. Defendant, Melvin L. Line, has never occupied the property since the date of the agreement, July 29, 1996. 6. DENIED. The averment includes a conclusion of law to which no answer is required. 7. DENIED. The averment includes a conclusion of law to which no answer is required. 8. DENIED. The averment includes a conclusion of law to which no answer is required. 9. ADMITTED IN PART AND DENIED IN PART. Admitted that Defendant, Derrick R. Miller, did receive a letter dated May 12, 2010 from Attorney Michael Fein, requesting occupants to vacate immediately. Denied that Defendant, Melvin L. Line, has received any demand for the possession of said property. 10. ADMITTED IN PART AND DENIED IN PART. Admitted that Defendant, Derrick R. Miller, did receive the Notice of Intention to Terminate Installment Plan and Notice of Homeowners' Emergency Assistance as required by ACT 160 of 1998. Denied that Defendant, Melvin L. Line, received the Notice of Intention to Terminate Installment Plan and Notice of Homeowners Emergency Assistance as required by ACT 160 of 1998. Denied further that Defendants have not tried to make payments as fully described in Exhibit B. Defendant, Derrick R. Miller has been corresponding with The Bank of America to get relief under and possibly refinance the property. Additionally, Defendant, Derrick R. Miller, has tried to make monthly payments as required under the purchase agreement, to Bank of America. Bank of America has refused to accept the monthly payments unless all past due amounts are paid in full. WHEREFORE, Defendants request that Derrick R. Miller continues in possession of the premises while he works with The Bank of America and provides the needed additional information requested by The Bank of America and that the Installment Contract is not terminated. Respectfully Submitted, Fiona K. Line, Esq. PA ID #65283 Attorney for Defendants P.O. Box 16 Carlisle, PA 17013 (717) 991-1382 DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATE HOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES, VS. MELVIN L LINE DERRICK R. MILLER AND OCCUPANT(S) 550 WEST PENN STREET CARLISLE, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW ACTION OF EJECTMENT Civil Term No. 10-3280 Defendant(s) VERIFICATION I, Derrick R. Miller, do hereby verify that the facts set forth in the foregoing answer 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: Derrick R. Miller 1 DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATE HOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW Plaintiff vs. ACTION OF EJECTMENT MELVIN L. LINE Civil Term DERRICK R. MILLER No. 10-3280 AND OCCUPANT(S) 550 WEST PENN STREET CARLISLE, PA 17013, Defendant(s) VERIFICATION I, Derrick R. Miller, do hereby verify that the facts set forth in the foregoing answer 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: Melvin L. Line E X H., ),S, i T . .. - a,& - 4WJ '339al L, a`tC°ER1 a ?IECLER ;L CORDeR or )Eos 43ERL4.10 COUNTY-Pa ,96 NOU 26 R'?20 u?.NNSYLVANIA THIS INDENTURE mede the With day of Sepbnaber 1996 betwoms ibc Somdary of tho Deporomi of Veteraas A<taim an OBkw of the Ul oiled States d America, whose address is Departowd of Veteran AEhirs, Washington D,C. 20420, hadnaller pilled the Greaten; and Bankers Taut Compecy or California, N.P , as Trustee for Vendee Mortgage Trust 19%-3, without rocaurx, except n provided in a Loan Sale Agrecrom dated Sepmanber 1, 1996. hereinafter camw the ors u ere: WLTNESSETH that the acid dancer for aatl in consideration or tlr sum NINETY FIVE THOUSAND AND ONE (593,001.00) DOLLARS I Me recdpt of whsteoria hereby acknowledpd, hereby grants, bargains, sells, aliens, mfooM. releasers, and conik7m unto the said oranim and Grantee's heirs or saccoerom and assign, taco the Grantor bacK in ke. ALL THAT CERTAIN una art land, Sitaate In the Fmnb Ward of the Borough of Carlisle, County of Cumberland, and State of Pmusylvm* bounded and described as falimm BEGINNING at a point an the Sarth afdo or west Ponn Meal at the comer of Lot No. 4 an Plan of Lots of ft Esocmora of Hangars R. It4c* dewse& THBNCB Soulkaardly along add tat No. 4, now or fammly or Albert L Nkkoy, ct at a distance or 120 feet, man or toss, to a point on the North aide ors 12 root agcy; THENCE Westwardly along die sold alley, a distaste of SO feet to the Sootkeaa corner of Lot No. 6; THENCE along the said Lot No. 6, Noribwardly this let No., 6 bring the property aotr or Imne ft of Albert L• . Niche, at al, a distance of t20 thet to a point an the Sarah side orthn said West Penn Stem; THENCE Eadwardly along West Peen Strut, a distance of 50 fea to a point of BEGINNING. BEING the soma promises which Carl D. Haynes and Diana Haynes or Cumberland County by decd dated April 4, 1996 and recorded April 19, 1996 in the Office for the Retarding of Deeds in and for Cumberland County in Decd Book 137 page 959, gimad and conveyed tam The Grantor bereiq In fce. 119g909_910E9 4'? r M W errenn??ern M P???.?1 IRy? n --1 ? 5 bl ? ZZ _ SL r? r? assig wc gb- it soar 1499 PACE 707 TOMTAIM vrNh Mt and dW dar to 6ahprov?gdy w q% doves, dley7, p mMM wmcm walaaomses, Beat, Waerlie, p wAgles, basOmmDe ft and appmselrsma abdnav s ItuSarhMo bolosO , on Is any out oppe sitft led the mveniow mud rmoiAAreap, huues, mad peddb OtrsehC said rA Ilse ears, Allot. W hmaret. Propmrly, dalAm. sad dmrid Whatsoever oMr Said Smnm, to law. equity, or tahetwiso hovaon r, of in, and N the some end away port dwomf. TO RAVA AND TO ROM the add lot or pat of pramd above dembed vrith the hae&-aft mod aplmalmamees, was the said Oradm sad Oamtm's hem or saeseeaa sod ankank Amem Grower covanms to owned and ddmd all Uat badsabose descrilted opaiod all pmsoss bwfalhr cWmims or to claim the sae or my pat d mwmfby, or maler Greater. V4 WIT OM MMkI OF, Orator m the day ad year first above wd m hn cmaed this iuemma to be sipnd Wed salad an OnYm'a blot[by 4e vrde Is IWM III I dab' SWOWI d. W" W ad aclie$ pstmed to tide It LWW Slates Cade, w*km 212 and 1626. Wad Ilte 311, Code dFmd9W Rc p dma see-i 36.4:42 and 3&4520. pmmmt 16aao, as *meMa, Std who is adtaimd loamade" iMram mL The d a 'n S`ALA'D AND DAIIVARCD IN 21St PR[SlIttLM OF- (Are Code and ahnaber) STATZ OF PSNNSYLVANU ) s: (Pound Box deleptm da olbo dty aaasiad Camay o(MD ADR PlHA ) in VA Repaldim%38 C.F.R.. 36.4342 ad 36.4520.) On uhia d.rc, bdero ma us tmdaaiphed, paa0e0y 7ppwred a•c cACUOLA . ,a aapioyea orvala7,ha7 n$w7, mm ymwy ar lh7 udroa Steles Gevermaneha, rpaer arW velar dths heaahe t and arJmerrlcdped whet bdshe executed the som in the tayadty dwein awed trthapvtI - dmeh conhdned,andas thedead oftheSecretarydvelarasAtl?i?ha V4 WITKM WHERAOF.I heremt0 act my hand am otfieid sd 01b to i"J "-day of I , 19 96 , hiJamxmiuiwa7phss: At ' .? tiOrMWL SEAL "• L tluheppd '}t Cey W PhMhdelPaw. MiM1 1 `=F AAr Comte owe.1 Notary Publk 10 Sad Far the ' . Carty Mad Sole akrmoN, ! hen:by tettly Thai life prmtre reidmCC dtm Witleh•MIMed Orm10G 77: 1 .. •P"4 Mppewrlts, or srrp maarem of each partylrmemlsNly below each aleoajme < 8001( 149 PACE 708 C a lip. D ? o I sy,venla S ? QUtnber,and the othce for the rocmdoW of panda ,-sd f land Courtf?iya? C(Raok Pegs ?([4?- {?, 0raa my hand and ?9rH g? ^,e. PA this __-.$If- 1 ! OR 149 Pat 709 INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE-PENNSYL ANIA THIS LOAN MAY NOT BE ASSUMED WITHOUT THE PRIOR APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, SUCCESSORS OR ASSIGNS. 1. TEAS AGREVMENT. made the 29th day of July . 1996 by and between ttKSecret=y of Veterans Affairs, an Officer of the United States of America, whose address is Departincru of Veterans Affairs, Wash. ington, DC 20420. (of the First pard heteina4u called the Seller and cite successors in such office, as suck and Kelvin L. Line & Derrick R.C. Miller (of the second part) hereinafter eaifcel the Buyer- 2- WITWIESSE'Tlt, Tleat it is mutually agreed as fothtw .* Tito Seller hereby agrees to sell to deo Buyer and the Buyer hereby agrees to purcham from titc Seller all that real property situated in The Borough o€ Carl isle . County of Cumberland and Commonwealth of Pennsylvania. herein fCferrCd to as "the property" and more ruUy described is reltetws- 550 W. Penn Street _ Carlisle, Pa. 17013 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 berolnafter covenants to pay. (3) Building line and building and liquor restrictions of record- (4) Zoning and building taws 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 panics claiming by, through, or under the Boyer. (9) Any state of facts which an accurate xuu ey would show. (10) All unpaid water and sewage disposal charges for services rendered after the date of delivery of this Agrexmcnt_ (11) All contracts or aVventernts, recorded or unrecorded. for furnishing gas, civchitity, water, or sewage-disposal service. (t 2) The constitution, bylaws, rules, regulations, resu ictJons, charges, or assessments of any civic improvement or othcrassociation, corpora- Sinn, or district. which affect the property. (13) Coat Notice under it= Hiuuoinour Mitre Subsidence and l..and Conservation Act of 1966 attached. The Buyer shall indemnify and save harmless the Seiler 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 trotters. 4. Buyer shall pay the Seller for the property ttic sum of Ninety Five Thousand Otte..... , ..... . - -Dollars in lawful money of the United Stases of Arnecica at the (Regional OW ce) (Ctmtcr . lkpartment of Veterans Affairs, an Agency of the United States, or at such other place widda the United States as the Seller or etc Sclfer's Agent, may from lime to lime deseignole in writing, at the times, in the amounts, and in the manner following: One Thousand One ............................... Dollars (S 1.001-00 ) in cash prior to or upon the execution and delivery of this Agrameat, the receipt whereof is horcby acknowledged. and the balance of Ninety Four Thousand.......... .. Doltars(s 94,000.00 )hereinreferredtoas"principal aura" or as "principal." with interest thereon at the rate of EiAftt percent ( a %) per annum from the date of July 29 , 1990, which said principal an a on tttc unpaid portion thcroof shall be payable in equal monthly installments as fottei - Sias Hundred Eighty Niue and 75/100 ................polian (S 689.75 ) on the Sint da of September . 1996. and alike sum an the first day of each month thcecafter for Three Hundred Fk7ty Nine constitutive, additional months, until said principal and interest shall have been fully paid Unless sooner paid, the unpaid balance of principal pleat the acertied and unpaid interest shall be due and payable on the First day of August 2026 Of the total purchase price paid for the said described property, tie anwtuat of S --^---- is a rchabilitation loan granted pursuant to Public Law 100-198. to be disbursed under a separate Pscrow Agreement which rehabilitation loan bears the same sate of interest as the balance of the amount resanining and to be paid for the property. YA FORM 26-6336e APR 1993 C&I l 1,90 or V A ct Except as hereinafter otherwise provided, each Payment made hereunder shall be credited rust on the interest then due as herein provided t remainder shall be credited upon the unpaid principal- Additional payments of principal in any amount not less than the amount aht' one rnoochlyf • ry installment at above provided, or One Hundred ($100.00) Dollars. whichever is less, maybe made at any lime and shall be cteditcd 411 the unpaid principal turn in such manner as the Buyer nhay elect. or in the absence of such election, as Seller may etect. 7 5. All real estate taxes. wnw rents, sewer charges, assessments. and uther charges payahte in years sattsequem to the year 1996 or levied after the date of execution of this Agreement, or for improvements which are run tla-n completed upon the properly, are" shall he the obliga- tion of the Buyer, and Iluyer covenonts to pay the sane in the manner provided in paragraph rhevett hercot. l e Water/sewer and special assessments to be paid directly, by buyer. 6. Buyer shall obtain and conftnuously 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 prern-tses and will pay any prey lams Therefor promptly when due. All insurance shall be carried in companies approved by Seller and policies and renewal thereof shall be held by Sellerand have a IT ' payable clauses in favor of Seller as Secretary of Veterans Affairs in acceptable, form. In the event of loss, Bayer wilt Viva i ??to Seller and seller may, but is not under any duty to make proof of toss. if such proof is not made promptly by Buyer. All i carriers are ?hrtlwrized and directed to make payments for such loss directly to Seller instead of to Buyer and Wier jointly. The from the... yo ttt#(hCh loss or any part thereof may be applied by seller either m reduction of the indebtedness or to the restoration "r of the prertyteiane 7. Together with and in addition to the monthly payments of principal and interest payable under the sl lteteol 8ujec'ivillrpay v6 on the first day of each month until the terms of this contract have been fully complied with. the following /6~ (a) Such amount or umounls as may he necessary to equal all or any of the premiums which next becoinedue and Myi policy or policies of fine and other hvavd insurance covering the property, plus raxM:TM next due on the property (ail as estimated by Seiler. and of which Buyer is notified) less all wens already paid therefor everted by the number of montbs to elapse before one month prior to the time when such premiums, taxes, iii become delinquent, such surns to be held by Seller in Trust (irrevocable until all of Buyer's obligations under this Agreement arc discharged) to pay said pcentiums, 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. Patc.•cpt as otherwise provided in pruagrapb 14, such Payment shall be applied to the items and in the order stated below: I- Taxes, w fire and other hazard insurance premiums; 11. Interest on the unpaid portion of the principal; and Ill. Unpaid principal- (c) Any deficiency inanysuchpayment stad),unless made good priortoiheduedateofthenext payment. constituteaneventofdefauttbereun- dcr- The Seller may collect a 'late charge" out to exceed an atnrxtnt equal to four (4%) per eentum of the installment which is not paid within fifteen (15) days from the due date Thereof, to cover the extra expeatse involved in handting 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 forthe payment of taxes wit awssgtimeirm, or insurance premiums, as the case may be. such excess shall be credited on subsequent payments to be mado by the Buyer for such iterns. If, bowcver, such monthly payments shall not be suffi- cient 10 pay Such items when the same shall become due and payable, the Buyer shall p:ty the Seller any amount necessary to make tip the deficiency, (c) All paym e-tus of said items made by Seller may ben, such amounts as are shown by records, or by bills obtained by Seller, or on the basis of any other information received 6y Seller; or be due, payable, past due, or delinquent on account thereof- if requested by Seller, Buyer "it 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 lobe determined by seller to be required to meet the payments of taxes, ytgt4fy[ftr1(yt msamoxOnh-nd any premiums for hazard insurathce which it may be necessary to pay prior to the accumulation of a fund sulIieicra therefor as provided herein. 4. All payments of principal, Interest and other items required to be matte by the terms of this contras, shall be made to the Agent Cashier at the office of the Department of Veterans AlfairsAcsignated in paragraph 4, to the order of the Department of Veterans Affairs, unless the Buyer shelf be notified in writing to make such pnyments to anotherpnyee or place, and only such payments as shall be received for by the said Agent Cashier, or other payee after notice to the Buyer. shrill be recognized by the Seller, and all other payments, if any. shall be made at the risk of cite Buyer. 10. All moneys paid to Seller hereunder shall be deposited with the Measurer of the United States who is hereby authorized to commingle the tame with the general funds of the United States. No interest shall he payable on the funds received by Seller for any purpose pursuant to any provision of this Agreement J I. Buyer covenants not to commit, permit, or suffer any waste to the property and to keep property in a good slate, order and repair. Buyer further covenants tat to abandon said property and not to use. permit or suffer the use of any ofthc property for any illegal with all laws and ordinances which may in any manner affect the property, or immoral purpose and ro rorpp}y 12 ?Inc Buyer is authorized and permitted to make such repairs, alterations. and renovations to said prmpc"y as desired and determined to be neces- sary at Buyer's own expense and without any liability on the part of the Seller for sane, as arc approved in ndvanm by the Setter- Failure orthc Buyer to obtain advance approval for repairs, altrratiOna, and renovations, to said property, may at the oryitm of the Seller, be considered a breach of the terms of this agreement and an act of default. Buyer further covenants and agrees to make prompt payment for all labor and mmerials in such behalf expended and not to suffer any mechanics' nor rnatcrialown's lima to attach to said Property. All such repairs and alterations wade by the Buyer slurp inure to the benefit of the property and the Seller in the event of at default in the tutus of this Atmetncttt by the Buyer. Buyer also covenants and agrees to comptete and pay fbr the following repairs of alterations within ( )bays tither execution of this Agreement and that brt:aelr of this covenant will exostitute as act of deftwh. M No part of the property shall be used in the manufacture, sale, or distrilxnion of intoxicating liquors. 14. In the event Buyer fails. neglects or refuses to Perform, in whole Orin pnr4 any of the covenants, agreements or obligations herein provided upon the part of Buyer to be performed, Setter is thereby attthorizpd and empowered. without notice and at the cost elf Buyer, to perform or curse to be performed, any or all of said covenants, agreements and obligations, and to expend such sums of money as may be teasanable therefor, or for any otter purpose which in the opution of.Wkv is reasonably noccasary for The protection of Seller, Sellers lien, investment or-property. All Such sums ofnaney co expended by Seller, together with interest thereon, at the nu aforesaid, tram the several dates of expenditure thereof until paid, shall become so much addlitional indebtedness; under this Agreement and shall be repaid by Buyer to Seller, in lawful money of the United States of Ameri- ca, immediately and without demand, at the same place or places as otter stuns are payable hereunder, unless Seller shall agree tires such sums be otherwiserepaid,inwhichevetttsuchapayinextshall bemadebyBuyerioSelksatsuchtithesandinsuch tteautterasSellershailsegltite Anyfaiwe, rheglect, or refusal by Buyer to repay such sums as herein provided %ball constitute default hereunder. Any payments inside under the terms of this Agrcement may, at the eloction of Sella. be applied first to the mpaymeatof any sums Setiershall have expended in accordance; with the terms hereof. 15. Buyer hereby assigns. transfers and sets over to Seller. up to the amount of the total indebtedness of Buyer to Seiler hereunder all of Buyer's right, title and interest in or to all awards and claims in eomteetion with the condemnation of any of the property for poblic tax-, or for injury to my portion thereof; and the proceeds of all such awards orelaims after payment therefrom of all rr-jsonabic expenses incurred, including fees for attorneys nprescutinE Seller in a" such praoxeding,shall be paid to Seller and Buyer's obligation hereunder shall thereby ht reduced an equal amount except to the extent Seller cle:cts to use the funds to improve the property in accordance with paragraph 16. Seller is hereby authorized in the carne oCBuyer 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 Seiler under any policy or policies of insurance or any condemnation award or other award after payment there-from of all reasonable expenses incurred in connection therewith, including fees for attorneys reptt?eating Seller, may at the option of Seller be used for the purpose of repairin& restoring or improving the damagod structure upon the property or may be credited on the indebtedness in accordance with Om provisions of this Agreement. 17_ E c uioa and ac eptancc of this Agreement by the Buyer constitutes delivery to and acceptance by the Buyer of posnerrvon of the property herein described, and the buildings and Improvements thereon erected. and acknowledgmertt by the Buyer that the property, and the buiWengs and improvements [beacon erected, have been inspected and examined. that buyer is satixfietd with its and their condition, and [bat the property and the buildings and i improvements thereon erected in such condition arc being bought and accepted without any representation whatsoever by the seller, except as may be provided in paragraph I I of Agreement of sale dated June 19 1996 . The Buyer assumes responsibility for injury or death an or arising out of the property and assumes the risk of loss or damage to the buildings now situate, or hereafter constructed, in or upon said property by fire, casually, or otherhappening and shall inilcntnify and save the Seiler harmle" from all lass arising from or by reason of these: events or incidents. 18. Time isofdw-essence ofthiscontract andifdefaultbeinside andcontinued foraperiod ofthirty (30)days inthepayment ofanyofthcinstallincmts of principal, interest, or any other item hareinbefore stipulated, when the same become severally due hercuri der, or in the payment of any other sum herein agreed to be paid by Buyer, or if default be made in the performance by Buyerof any other Agrumat, covenant or obligation of Buyer hereon- der, or in the payment of taxes, water rents. sewer charges, assessmertts, or other charges which may be made or levied against said property subse- qucnt to the execution and delivery of this Agreement which the Buyer isobligated to pay promptly before defau14 or if the Buyer should fall or refuse to produce proper to= pts for the payment of saute. or if the Buyer xhoutd permit the filing of any mechanic's or matcrialman's lien against said property or commit any waste dxxeof, then in any of said events, the whole unpaid balamc and sill interest thereon due wafer the terns of this Agree- meet shall, at the option of the Seller, immediately become due and payable reel may be enforced and recovered at once, anything therein contained to the contrary notwithstanding, and Seller may (a) temossustq with or without notice and with or without judicial proceedings, ail of Buyer's right, title. and interest in the property: or (b) enforce Buyer's obligation hereunder in any appropriate proceeding, legal or equitable. Buyer agrees to pay all costs and expenses, including a reasonable sunt for atterttey s Pecs incurred by Seller in terminating Buyer's rights under this Agreement or claims to the property or in enforcing any or ail of the toms of this Agmemhea4 and in appropriate judicial proceedings, if any am initiated to establish or maintain Seller's right or title to, and possession oCsakt property after breach by 0nycr, fore of any rick: or claims of Brayer. 19_ Upon Seller exercising the right of tcrLhination as provided herein, all rights, esiate and interest hereby created and then existina in Buyer and in any and all persons claiming under Buyer. Shall wholly cease and determine. Buyer edtalt thereupon quit and surrender to Seller without demand, peaceful possession of said premiseg is as good condition as they now am reasonable war and tear atone excepted. In the event Buyer neglects or refuses to surrender such possession when obligated so to der it shall be lawful for Seiler to enter upon and take possession of such premises without notice and remove all persons and their property drercfrome. 20. The provisions of paragraphs 19 and 20 of this Agreement shall also apply at the option of the Seller to (1) any violation of breach of any of the covenants, conditions. or rc-mricsicmx set forth in this Agreement or which may be of record in prior deeds of etmvcyanec affecting this property and (2) to any violation of any laws or ordinances in any meaner affecting xaid property. 21- Seller agrees upon receipt of payments in accordance with lie pmvisiorrc hereof. of the entire principal sum with interest, to execute and deliver it special Warranty Deed on VA Form 76-6436a conveying the title to said property to Buyer in such manner and form as Seiler elects. Such dad may be delivered at such earlier time as Seller may elect. Said Decd will be on Seller's form and conveyance shall be made under and subject to any restrictions, reservations. acrd exceptions of record and also subjecL to all National and Slate taws. statutm and regulations. then affecting the transfer of real csoate or of any right therein. In the event any part of said principal sum shall not have been paid at the tine of the execution and delivery of the dead to said property. Buyer shall simuhaacosuly execute and "vcr to Seller a Mortgages Note in ehc juu 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 para- graph. and a purchase phoney tnnrtgagc of said premises to secure the saner., which mnrtgage shall be a Firm liar on the prrpeny: the Mortgage Note and Mortgage shall bear the saute date as said Dood; they sball be on the forum; of such instrvmcnts then in use by the Deparlrmrntof Vewsans Affairs or its socccssor in interest. modified and amended as to such terms. eonditiores and detailed provisions as arc in conflict with this Agreement- 22. Buyer represents and covenants that Scilcr's title is satisfactory to Buyer as of the date hereof. 23. Buyer shall pay for all recording. transaction transfrs, conveyance and other tax,- upon arty deed, bond, rnurtgage, or other instrument exocuicd under the terms and provisions of this Agrectrhent and for all revenue, documentary, or o[hcr stamps required to be affixed to any Such instrument mid shall also pay the fees Car recording the deed and the mortgage. if any, when executed, as well as all cents and expenses for such title search as the Buyer may elect to have made. 24. The Buyer shall notify the Seiler of an assignment of the Buyar 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 he rte to the other pony shall be in writing and delivered in person or forwarded by certified mail. Na:ces shall be addressed to tore Buyer at the property hcrciswbovet described unless written notice of a different address shill have been previously delivered to Seller, in which event notice shall be sew to Such address. Notices to Seller shall be addressed to tlrc Loan Guaranty Off-ice. Department of Veterans Affairs at the Office where this Agreenternt is executd unlit Buyer is notified in writing of a changed addrem lbereafter any notice shall be sent to the last address of which Buyer shall have been notified. 26_ Buyer hereby nuthorizes and empowers any attorney of any court in the Comnonwca[th of Ircnrtsytvrnia or elsewhere to appear for them and each of them in any and all actions to be brought for any breach or dct'ruh or the terms of this Agreement and hereby confesses judgment in favor of the Seller for the what- amount of the principal sum and any interest remaining unpaid thereon, whether the same shall have been due or not. togeeher with an attorneys commission or fee of rave (5%) perccn4 with or without prior declaration made, waiving clay of execution, inquis7t6on. and It exemption laws. 27. And the said Buyer hereby, upon [fie breach army of It= conditions of this Agreement. authorizes any attorney of any court of Record to appear for then and each of the m mad utter an amicable act on yr ejectmuat mad confess a judgment of ejectment therein for the premises herein described and do authorize the Imniedlate issuing and execution of a writ of habere facias possession= with clauses of nevi facias for costs and five t5,k) percent attorney's contmissio n or fee. without alas lave of ccmrt 2g. All moneys paid by Buyer to Seller tttttter the tents of this Agrectnent shall be retained by Seller as compensation for the use panty of the property, consideration for the execution of this Agreement and not as liquidated damages to Setter for default or as a yr ' 74 - 29. Failure ordelay of the Seller to enforce any right or to exercise any option hereunder available because or any der'auit 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 #;n. or for any satrsegoem default. f 30. Buyer exprtsstyagrees duotherighisandremedies herein granted Selterintheevent ofdcfautt,toen(oreetfKtcmasatridcoaditionsofthicAgree- meni, the k=ovexy of damages for any breach, or possession of the above.tlescdbed property, may be exercisable as oftea "them is defaah on the part of Huyerand shall not be exhausted by one or mote 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 riled in any action. 31. The covenants, obligations, liabilities, terms and provisions herein con acing upon, and the bcuefits and advantages hanumder shall inure to the Buye rjointlyand severally and to theirand each oftheit administrators. and assigns, and to the successors and assigns of the Seller. 32- This Agreement shall not be recorded in the office for the re n?bT d kp? y w place of public record. If Buyer causes it to be recorded heJshe will be considered in default with the right o t?-ronh ulilb f ' re and to enfom and exercise Sd1a's rights benonaer because of such default 33. Guyer aside:stands and agrees that if this installment Agree tne w3led?yj8 ?,s per. any remaining amount of the rehabilitation loan In the hands of an escrow agent shall immediately be rtnrrned t drfine{tlo•? ^ er ans Affairs). 34. This loan may be declared immediately due and pay-Able upon trun.rer of the property securing such loan to any transferee, unless the aecepmbil- ity of the assomption 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 oft percent or the balance of this loon as of the date of transfer of the property shall he payable to the Department of Wicrens Affairs at the time of transfer. If the mtsuttter fails to pay IN% fcc at the tine of transfer; doe fee shall constitute an additional tlebt to that already secured by this instrument and shalt hear interest as the rate herein provided. and, as thouption of the payee of the indebtedness hereby secured or any transferee hereof, the full indctrtedness shall be immatiately due and payable.-"is foe is automatleally waived if the assumcr is exempt under the provisions of 38 U.S.C_ 372Wb). 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 Idan, a processing fee may be charged by the Department of Veterans Affairs er its successors arassigns for determining the creditworthiness of the assume and subsegocntly rcvisi erg the ownership records when an approved transfer is completed The nmount of this charge shall not exceed $3W. IN W fTNESS WHEREOF, the Seller has mused this instrument to be signed and scaled in hisfher name and in hisnw behalf by rate tmdo sign d empioyee, being thereunto duly appointed, qualified and acting pursuant to title 38, United States Cade, sections 212 and 1820, and tine 38. Code of Federal Regulationm sections 36.4342 and 36.4520. pursuant thereto. as amended, and who is authorized to c tecton this instrument, and the Btryer has hereunto act histher individual band and seal on the day and year first above written. NOTICE-THIS DOCUMENT MAY NOT DOES NOF SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRiBEb OR REFERRER TO HEREIN, ANO THE OWN- ER OF OWNERS OR SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, HAVE IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OFTHE LAND AND ANY HOUSE, 9UILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT Oft MODfr-Y ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BYTHIS INSTRU- MENT (This notlce is set forth in the manner provided in Section 1 of the Act of Jtdy 17, 1957, P.L. 804, as emended, and is not intended as notice of unrecorded Instruments, If any.) SEALED AND DELIVERED IN THE PRESENCE OF The Secretary of Veterans Affairs ---- - ----- --------- By ----- c. GAGLxol - --------- ------- ISFALf Tide -----Li-cuat _Of?ieer--------------- ---- ---- - --- - ------------------ VA Regional Office or Regional 0MCr & Phila_ -- -- - --- °----------------------------- iresatanec Centrr. -------------------------------- PA_ Tetcphone: ?z 5)_??1?5??7_or-X514------------- (Aire Cade and number) (Pursuant to a delegation of authority in 3S CFR 36A342 and 36.4520..) -/>_•_ d&t_--- -- [SEAL] MELVIN L. LINE (Buyer) ?-,-C k R.C tzt L `----------- [SEALS t etyrr) i r ?? ? t GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL MCKEEVER, ESQ. ATTORNEY I.D. #56129 SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATEHOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES Plaintiff vs. MELVIN L. LINE, DERRICK R. MILLER and OCCUPANTS 550 West Penn Street Carlisle, PA 17013 Defendants DATE OF THIS NOTICE: June 14, 2010 TO: OCCUPANTS 550 West Penn Street Carlisle, PA 17013 CIVIL ACTION - LAW ACTION OF EJECTMENT Term No. 10-3280 civil term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff I A a GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL MCKEEVER, ESQ. ATTORNEY I.D. #56129 SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATEHOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES Plaintiff vs. MELVIN L. LINE, DERRICK R. MILLER and OCCUPANTS 550 West Penn Street Carlisle, PA 17013 Defendants DATE OF THIS NOTICE: June 14, 2010 TO: MELVIN L. LINE and DERRICK R. MILLER CIVIL ACTION - LAW ACTION OF EJECTMENT Term No. 10-3280 civil term 550 West Penn Street Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL MCKEEVER, ESQ. ATTORNEY I.D. #56129 SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATEHOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES Plaintiff Vs. MELVIN L. LINE, DERRICK R. MILLER and OCCUPANTS 550 West Penn Street Carlisle, PA 17013 Defendants DATE OF THIS NOTICE: June 14, 2010 TO: Fiona Miller, Esq. 1817 Basin Hill Blvd. Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF EJECTMENT Term No. 10-3280 civil term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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. GOLDBECK McCAFFERTY & WKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff VERIFICATION KRISTINA G. MURTHA, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff's Motion for Summary Judgment are true and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. § 4904. Kristina C' Iurjia Attorney for Plaintiff r GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Kristina G. Murtha, Esquire Attorney I.D. # 61858 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 kmurtha@goldbecklaw.com Attorney for Plaintiff DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATEHOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 10-3280 VS. MELVIN L. LINE and DERRICK R. MILLER and Occupants 550 West Penn Street Carlisle, PA 17013 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Motion for Summary Judgment was sent by first class mail, postage pre-paid, upon the following on the date listed below: FIONA K. LINE, ESQUIRE 1817 Basin Hill Blvd. P.O. BOX 16 Carlisle, PA 17013 GOLDBECK, McCAFFERTY & McKEEVER 41ftanlo:?_ Litigation Paralegal Date: GOLDBECK McCAFFERTY & MCKEEVER BY: KRISTINA G. MURTHA, ESQUIRE Attorney I.D. #61858 Suite 5000 - Mellon independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATEHOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS-THROUGH CERTIFICATES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 10-3280 civil term a -fAL vs. MELVIN L. LINE and DERRICK R. MILLER Mortgagors and Record Owners 550 West Penn Street Carlisle, PA 17013 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): MOTION FOR SUMMARY JUDGMENT -a 3 W 2. Identify counsel who will argue cases: (a) for plaintiff: Lee Haller, Esquire (Name and Address) (b) for defendant: Fiona K. Line, Esquire (Name and Address) 2. I will notify all parties in writing within two days that this case has been listed for argument. Kristina G. Murtha, Esquire 4. Argument Court Date: ex G ,',-a/6 4,.i a'4y M"rt44,.,s OA1cL Y)l Signature Kristina G. Murtha, Esquire Print your name Date: t r-,. GOLDBECK McCAFFERTY & McI~EVER BY: KRISTINA G. MURTHA, ESQUIRE Attorney I.D. #61858 Suite 5000 -Mellon Independence Center 701 Mazket Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK, NA AS TRUSTEE FOR THE CERTIFICATEHOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3, US DEPARTMENT OF VETERANS AFFAIRS GUARANTEED REMIC PASS- THROUGH CERTIFICATES Plaintiff vs. ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland County 10-3280 civil term MELVIN L. LINE 550 West Penn Street Cazlisle, PA 17013 ~ o ~ rn ~ ~ ~ DERRICK R. MILLER ~ ~ - d ~r°- 550 West Penn Street ..`~'~ 3~.> w Cazlisle, PA 17013 De endant f ~~ - ~° = ~ x,, ca ~ AFFIDAVIT OF SERVICE ' -~ ~ ca -.a S> ~ I hereby certify that a true and correct copy of Notice of Oral Argument scheduled for te October 06, 2010 at Prothonotary of Cumberland County 1 Courthouse Squaze Carlisle, PA 17013 on Plaintiff's Motion for Summary Judgment, was sent by first class mail , postage pre- paid, upon the following on the date listed below: Fiona K. Line Esq. 1817 Basin Hill Blvd. P.O. Box 16 Cazlisle, PA 17013 The undersigned understands that statements herein aze made subject to the penalties of 18 P.S. § 4904. GOLDBECK McCAFFERTY & McKEEVER Date: September 22.2010 By: p Ja lyn 'e on rtigation Paz egal KML LAW GROUP,P.C. r" " ,� _ P FIB: y Suite 5000 -BNY Mellon Independence Center '' 1 HE PRO THONG TAF 701 Market Street Philadelphia,PA 19106-1532 2013 SEP 26 All to: 215-627-1322 C Attorney for Plaintiff PBERL ,40 COUIVTY 0-1 N1 A DEUTSCHE BANK,NA AS TRUSTEE FOR THE CERTIFICATEHOLD-ERS OF VENDEE IN THE COURT OF COMMON PLEAS MORTGAGE TRUST 1996-3,US DEPARTMENT OF VETERANS AFFAIRS OF CUMBERLAND COUNTY GUARANTEED REMIC PASS-THROUGH CERTIFICATES Plaintiff VS. No. 10-3280 civil term MELVIN L. LINE DERRICK R. MILLER and OCCUPANTS 550 West Penn Street Carlisle, PA 17013 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. By: KML LAW G4ID6�9 C. Jay E. Kivitz P Michael McKeever Pa. ID 56129 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa.ID 27615 Jill P.Jenkins Pa. ID 306588 Attorneys for Plaintiff 110 313$17 P�' `KML LAW GROUP,P.C. Suite 5000—BNY Mellon Independence Center 701 Market Street Philadelphia,PA 19106 (215)627-1322 Attorney for Plaintiff DEUTSCHE BANK,NA AS TRUSTEE FOR THE CERTIFICATEHOLD-ERS OF VENDEE MORTGAGE TRUST 1996-3,US DEPARTMENT IN THE COURT OF COMMON PLEAS OF VETERANS AFFAIRS GUARANTEED OF CUMBERLAND COUNTY REMIC PASS-THROUGH CERTIFICATES CIVIL ACTION-LAW Plaintiff VS. ACTION IN EJECTMENT MELVIN L. LINE Term DERRICK R.MILLER No. 10-3280 civil term And OCCUPANTS 550 West Penn Street Carlisle,PA 17013 Defendant(s) CERTIFICATE OF SERVICE Angela M. Smith, hereby certifies that he/she did serve true and correct copies of Praecipe to Discontinue and End and all supporting papers attached hereto upon Defendant,by first class mail, postage pre-paid,on —R j——a FIONA K.LINE,ESQUIRE Fiona K. Line Esq. 1817 Basin Hill Blvd. P.O.Box 1.6 Carlisle,PA 17013 MELVIN L.LINE 550 West Penn Street Carlisle,PA 17013 DERRICK R. MILLER 550 West Penn Street Carlisle,PA 17013 OCCUPANTS 550 West Penn Street Carlisle,PA 17013 By:4Lar-oupp, y KM P.C. Angela M. Smith,Legal Assistant asmith@kmllawgoup.com 215-825-6325 (Direct Phone)