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HomeMy WebLinkAbout01-5090FEDERMAN AND PHELAN, LLP by: Francis S. Hallinan, Esquire Atty. I.D. No. 62695 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2000-2, WITHOUT RECOURSE, EXCEPT AS PROVIDED IN A POOLING AND SERVICING AGREEMENT DATED 3UNE 1, 2000 6400 LEGACY DRIVE PLANO, TX 72024-3632 VS. Plaintiff WENDELL E. MILLHOUSE, JR MEGAN M. MILLHOUSE 619 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY TERM NO. dl CIVIl, ACTION/COMPI,AINT Ih,OR E.IEf?TMENT RASED ON AN IN~TAI,13VIENT CONTRACT FOR ,qAl,lh', OF REA1, E~RTATE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or 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. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR AS SOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 EXHIBIT A 27. And die *aid Buyer hereby, upon th,~ b~*~h of m~ of , ~ ~ ~ lu~' ~)r de~ o~ ~e ~llcr m tafo~ ~ ri it or m ~x ' ' }~or 0~t~le as a wmver of ~e r ~t of ~ ~lter u ~ ~m~s~ ~y ppi!on heteander ava able ~c~se of a 30. ~.uy~ e~pr?s[y a~ees ~at ~e ri~ aM ~ies her~in co~tm~ of ~ls A~e~neat ~e re~.~,v~-, ~t a,~ ~ ~d ~ller ~ ~e even of default, to a~v~n[agen hereunder ~lndl inu~ o a¢ Bfiv {n~im~ ~vmom he~iu conmin~ shal ~ bi~ing u n, and 'h* 32. This Agree~l shall got ~ r~oM~ ia ~ office f~ ~e r~ording of dee& or any o~¢r office or place of publio r<ord, Il l;uyer causes it to ~ recor~ hetsh¢ will ~ eo~i~J~ in default wi~ O~e right 0f ~ller to for~wi~: die ~habiliMfion Ioa~ in die banda of an ~crow agem shMl i~Mtely ~ retard to ~ller (Deparlment of Ve~r~ Affairs). uMess file acc~bili~ of ~e assump Jori of ~e o~ Is ~b i~hed eider pursuant to ~e my s ~e payee of ~e ~debledne~ he.by secared or a~ ~mferee her~f, ~e ~l indebmdnes~ hall be immediately due end payable. obliga ed m pay this fee if ~e Depa~ent of Vete~m~ Af~lm has sold ~is loan wJ~out recname. 3729(b). The assumer is not I:au~orl~d t0 execute als astra riehl, aid die~uver b~ h;~l,/~'!~42-3~.3~:4~0' pursuant 0 ere o. ~ amenda, aud who NOTICE . THIS DOCUM~T MAY NOT/DOES NOT S~LL, CONVEY, T~NSFER, INCLUDE OR INSURE lEE TITLE TO THE COAL AND ~GHT OF SUP~RT UNDB~EATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE O~ER OF O~ERS OR SUCH COAL MAY ~VE/HAVE THE COMPLET~ LEGAL RIGHT TO REMOVE ALL OF SUCH CO~L AND, [N THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ~y HOUSE. gUll,DIN OR OTHER STRUCTU~ ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE ~ES NOT ENLARGE. ~T~CT OR MODIFY ANY LEGAL ~GHTS f ~ ESTATES OTHERWISE CREATED. T~NSFE~ED, EXCEPTED OR R~ERVED BY THIS INSTRk'MENT. (This notic~ is set fo~ SEALED AND DELIVERED IN THE PRESENCE OF Title:. ,. i~(~ ~7~E~. t~fficer Insurance Center, Philadelphia, PA, Telephone: 215 -842~20~ Pursuit to a delegation of aud:ofi~ in 38 CFR 364342 and 36.4520) /SEAl./ (BIty'er) lSEAJ (Buyer) EXHIBIT VA Form 26-643&a THIS INDENTURE mede the 29th day of Jun~ PENNSYLvANiA 2000 b=twe~ he~inaRer called the G~aatee: WgF~SETH that the aald Graalor for and in r, Onsidcration of thc sum o f SIXTY ONE THOUSAND ($61,O00.O0) o~cr val~ble · e r~ipt of wher~f ~ ~y ~l~g~ h~by g~, ~r~ sel~, alien~ enreoffs, G~t~e~G~nt~,shc~or ...... ~ ~ · --~,~ ~u ~s, ~c O~tor h~ ~ fee. ~d con~s un~ the ~{d ALL ~e ~o;low~g d~d ~ o~ t~l ~, yng ~d ~ing si~ate ~ ~e Village of ~b~, So~pt~ To~ip, ~ ..... walnut Bog~ KO~ of ~ feet ~d ~d~g ~ dcp~ 330 ~c~-' HAV~G e~d ther~n a ~o and on~lf~ ~e dw~Hn~ heusc ~mc ~lc ~d out-bui~d~ng. BB~G ~c ~e prem{~ which ~ ~ KEne. Shrift of ~mberl~d Co~ by d~d dated Dec,bet 23. 1998 and rc~rdcd ~kr 28. {~g g thc O~ce for ~e ~rding oF De~s in and for Cumberland ~un~ in D~d a~ 228 P GE 882 EXHIBIT B TOGETHER with ~d! and singular ~e improwmcnts, ways, ~ts~ts, alle~% ~d to ~e s~e ~ ~ p~ thee TO HAV~ AND TO.i.IOLD tho ~add lot or piece of ~round above described with the he~edltan~nts ~d appurt~ccs, ohio Iht said Oramee and Grantor covemnts to voen~ and defend all tl~ hca-c,lnahov¢ dc~rlbcd aga~r~ a/I pc~or~ lawfully els~ming or to claim b%c same or any pan ~t~of IN WITNESS WHBREOF. Grantor on ~e day and },eat first above written has causod this ins~ment to be signed and sortied on Oramot's behalf by ~hc tmdc~igncd, beblg thert~ntu d~y aplx)lnted, q~nlified ~d a~tiR8 pursuant ~o t~tle 38, United ~ Codc. so~ol~ 212 tod 1820. and ~itle 33. Code of F~lcral P. cguletlom; section 36.4342 ~ld 36,4520, pursuant h'lefeto, ~ nmcndcd, Ired who is auglorized to ~ac~cute this insuumcnL SEALED AND D~L[VERED IN THE PPdgSENCE OF-- STATE OF PENNSYLVANIA ) Co~mty ofPHILA. DELPI41A ) {Put'~! to n delegation of authorky contair,:d ,.. In VA Re~ula~n.% 38 C.F.R_. 36.4342 and -, 36.4520.) Onthisd~e, befefeme, Ll~unde~ismxl, pe~onaHyappc~ted.:.~. JOHNG. KOST~C a nn~nployeeofVoteransAffalrJ, nt~egencyoflhoUniw, d 20~ M~ ~'-;"i'~L S~L ~ . l hc~y ' P~ ~le, of ~p n~ of ~ ~ i~cdi~ely ~ow ~ EXHIBIT ACT 91 NOTICE (INSTALLMENT CONTRACT) TAKE ACTION TO SAVE YOUR HOME FROM DAT.: Ju y2. 200 EVICTION TO: Wendell E. Millhouse 619 Walnut Bottom Road Shippensburg, PA 17257 Megan M. Millhouse 619 Walnut Bottom Road ShipPensburg, PA 17257 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 1N BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the Installment Contract on your home is in default and the lender intends to start evict on proceedings. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons w th impaired hearing can call (717) 780-1869). This Notic~ 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 la~vyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONT1NUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIEICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PAPA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOX3FNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERD1DA DEL DERECHO A REDIMAR SU HIPOTECA. EXHIBIT C STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Wendell E. Millhonse and Megan M. Millhouse PROPERTY ADDRESS: 619 Walnut Bottom Road, Shippensburg, PA 17257 LOAN ACCT. NO.: 5566737 ORIGINAL LENDER: Countrywide Home Loans CURRENT LENDERJSERVICER: Countrywide Home Loans HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE THAT WILL PREVENT TERMINATION OF YOUR CONTRACT FOR THE SALE OF HEAL ESTATE PENNSYLVANIA (HEREINAFTER CALLED "CONTRACT") FROM EVICTION AND HELP YOU MAKE FUTURE INSTALLMENT PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (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 CONTRACT PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF TERMINATION OF YOUR CONTRACT-Under the Act, you are entitled to a temporary stay of eviction on your contract for thirty three (33) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR CONTRACT UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR CONTRACT DEFAULT" EXPLAINS HOW TO BRING YOUR CONTRACT UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If 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 thirW three(33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counselina aeencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR CONTRACT ASSISTANCE-Your contract is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. 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 three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, EVICTION EXHIBIT MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR CONTRACT ASSISTANCE WILL BE DENIED. AGENCY ACTiON-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no eviction proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE 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.) HOW TO CURE YOUR CONTRACT DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The CONTRACT debt held by the above lender on your property located at: 619 Walnut Bottom Road, Shippensburg, PA 17257 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY CONTRACT PAYMENTS for the following months and the following amounts are now past due: Star/End: 2/1/01 thru 7/1/01 at $503.00 per month. Monthly Payments Plus Late Charges Accrued $3,018.00 NSF: $0.00 Inspections: $24.00 Other: $0.00 (Suspense): $0.00~ Total amount to cure default $3,042.00 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY THREE (33) DAYS from the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,042.00, PLUS ANY CONTRACT PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call and ask for the Reinstatement Department. PLUS ANY CONTRACT PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. Payments must be made either by cash, cashier's check, ceinified check or money order made payable and sent to: FEDERMAN AND PHELAN, One Penn Center at Suburban Station, Suite 1400, Philadelphia, PA 19103-1814. You can cure any other default by taking the following action within THIRTY THREE (33) DAYS from the date of this lei~er. (Do not use if not applicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY THREE(33) DAYS from the date of this Notice, the lender intends to exercise its rights to accelerate the contract debt, The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the contract in monthly installments. If full payment of the total amount past due is not made within THIRTY THREE(33) DAYS, the lender also intends to instruct its attorney to start legal action to start eviction proceedings upon your contract property. IF THE CONTRACT IS TERMINATED- If the lender refers your case to its 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 EXHIBIT C started against you, you will have to pay all reasonable attorney's fees aclually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY THREE (33) 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 contract. RIGHT TO CURE THE DEFAULT PRIOR TO EVICTION-If you have not cured the default within the THIRTY THREE (33) DAY period and eviction proceedings have begun, you still have the right to cure the default and prevent the eviction at any time up to one hour before the eviction. You ma,/do so by paying the total amount then past due, plus an,/late or other charges then due, reasonable attorney's fees and costs connected with the eviction and any other costs connected with the eviction as specified in writing by the lender and by performing any other requirements under the contract. Curing your default in the manner set forth in this notice will restore your contract to the same position as if you had never defaulted. EARLIEST POSSIBLE EVICTION DATE-It is estimated that the earliest date that such eviction from the property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the eviction will be sent to you. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the requked payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Attorney Representing Lender: FEDERMAN AND PHELAN One Penn Center at Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attention: Janette Mahoney EFFECT OF EVICTION-You should realize that an eviction will end your interest in the property and your right to occupy it. YOU MAY ALSO HAVE THE RIGHT: TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE CONTRACT RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY EVICTION PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE CONTRACT DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED If this is the first notice that you have received from this office, be advised that: you may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty three (33) days from the date of this letter, this firm will obtain and provide you with written verification thereof; otherwise the debt will be assumed to be valid, Likewise, if requested within thirty three (33) days from the date of this letter, the firm will send you the name and address of the original creditor if different from above. Very truly yours, FEDERMAN AND PHELAN, LLP · _ XHIBII O Cc: Count~vide Home Loans Arm: Robert Nelson Account No.: 5566737 Mailed by Ia Class mail and by certified Mail No: 71D6 4575 1294 4771 681':1 - ~ 4575 ~ 4771 6905 EXHIBIT PENNSYLVANIA HOUSING FIN.4aNCE AGENCY HOMEOWNgR'S v. Mv. RG~NCY ASSISTA:~C~ PROGP.~ CONSUMER CREDIT COUNSELING AGENCIES ¢REv. s/oo) CLINTON COUNTY COLUMBIA COUNTY CRAWFORD COUNTY Lycoming~Clinton Counties Cortmaision ~or Community Action (STEP) 213g Lincoln Strict P.O. Box 1328 Williamapott, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Nor~eastem PA 201 Basin Street WiHiamspon, PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W Market Street POB 1127 Wilkes-Bane, PA 18702 {570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission an Economics Opportunity of Luzem¢ County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 322-0359 FAX (570) 829-1665--(Call Before Faxin8) (570) 455-4994 Hazeltown FAX (570) 455-5631---(Call Befo~ Faxing) (570) 836-4090 Tunkhamlock Booker T. Washington Cemer 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F Kennedy Center, Inc. 2021 East 20~ Strut Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg PA 17102 (7[7) 541-1757 UrbaB League of Mea'opolitan Hatriab~g N. 6m Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 F,~'~ (717) 234-2227 CL~IBERLAND COUNTY CCCS of Northeastern PA 1631 South Atherton St., Suite 100 Stat~ Coil=ge, PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive park Suit= [ Clatks SurnmiL PA 18411 (570) 58%9163 or (g00) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 9o' Street Erie, PA 16501 {814)459-4581 FAX (814) 456-0161 Shcnango Valley Urban League, Inc. 601 Indiana Ay=nut Fart=il, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 3t W~t 3'~ Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 ~G" Street Carlisle, PA 17013 (717) 243-3815 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVA~NIA BULLETIn, VOL. 29, NO. 23, JUNE 5, 1999 EXHIBITC VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiffin this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Ej ec tment: are tree and correct to the best of his knowledge, information and belief. The I elating t°answ°m fall' if catiC n t° autlc orifiesundersigned understands that thisstatement is.made subject to the penalties of 18 Pa./C'S?ec' 4904 SHERIFF'S RETURN - CAS~ NO: 2001-05090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CALIF VS MILLHOUSE WENDELL E JR ET AL REGULAR SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon MILLHOUSE WENDELL E JR the DEFENDANT , at 1850:00 HOURS, on the 7th day of September, 2001 at 619 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 MEGAN MILLHOUSE WIFE a true and attested copy of COMPLAINT by handing to - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.65 Affidavit .00 Surcharge 10.00 .00 41.65 Sworn and Subscribed to before me this ~ day of ~.~,, ~2~/ A.D. /P~othonotary So Answers: R. Thomas Kline 09/10/2001 FEDERMAN & PHELAN, By: ~//~Z~ep~~f SHERIFF'S RETURN - REGULAR CASE NO: 2001-05090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CALI? VS MILLHOUSE WENDELL E JR ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon MILLHOUSE MEGAN M the DEFENDANT , at 1850:00 HOURS, on the 7th day of September, 2001 at 619 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /3~ day of _~~ ~! A.D. ~othonotary So Answers: R. Thomas Kline 09/10/2001 FEDERMAN & PHELAN '~p~riff FEDERMAN AND PHELAN, LLP by: Francis S. Hallinan, Esquire Atty. I.D. No. 62695 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 56%7000 BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2000-2, WITHOUT RECOURSE, EXCEPT AS PROVIDED IN A POOLING AND SERVICING AGREEMENT DATED JUNE I, 2000 6400 LEGACY DRIVE PLANO, TX 72024-3632 Plaintiff VS. WENDELL E. MILLHOUSE, JR. MEGAN M. MILLHOUSE 619 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 Defendant(~'~ ATTORNEY FOR PLAiNTiFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY TERM NO.01-5090 PRAlgCIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, BANKERS TRUST COMPANY OF CALiFORNIA, N.A., AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2000-2, WITHOUT RECOURSE, EXCEPT AS PROVIDED IN A POOLING AND SERVICING AGREEMENT DATED JUNE 1, 2000 and against the Defendant (s) WENDELL E. MILLHOUSE, JR. and MEGAN M. MILLHOUSE for possession of premises 619 Walnut Bottom Road, Shippensburg, PA 17257 for failure to file an Answer within twenty (20) days of service. I hereby certify that according to Rule 237.1, written 10 day notice of Plaintiff's intention to file a praecipe for Entry of default Judgment was mailed to Defendant(s), a true and correct copy of which is attached hereto. SHEETAL SHAH-JANI~SQUIRE Attorney for Plaintiff Default Judgment entered as indicated above. FEDERMAzN AND PHELAN, LLP FRAzNK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2000-2, WITHOUT RECOURSE. EXCEPT AS PROVIDED 1N A POOLING AND SERVICING AGREEMENT DATED JUNE I. 2000 WENDELL E. MILLHOUSE, JR. MEGAN M. MILLHOUSE ATTORNEY FOR PLAI?4TIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 2001-05090 TO: WENDELL E. MILLHOUSE, JR. 619 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 DATE OF NOTICE: October 2~ 2001 TI-US IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 of 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 (215) $63-7000 BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2000-2, WITHOUT RECOURSE. EXCEPT AS PROVIDED IN A POOLING AND SERVICFNG AGREEMENT DATED JUNE I~ 2000 WENDELL E. MILLHOUSE, JR. MEGAN M. MILLHOUSE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 2001-05090 TO: MEGAN M. MILLHOUSE 619 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 DATE OF NOTICE: October 2~ 2001 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following ofrice to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman. Esqnire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP by: Francis S. Hallinan, Esquire Atty. I.D. No. 62695 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 BANKERS TRUST COMPANY OF CALIFORNL~, N.A., AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2000-2, WITHOUT RECOURSE, EXCEPT AS PROVIDED IN A POOLING AND SERVICING AGREEMENT DATED JUNE I, 2000 6400 LEGACY DRIVE PLANO, TX 72024-3632 Plaintiff VS. WENDELL E. MILLHOUSE, JR. MEGAN M. MILLHOUSE 619 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 F)efendant(%~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY TERM NO.01-5090 VERIFICATION OF NON-MILITARY SERVIC~ FRANK FEDEP~4~N, ESQUIRE, hereby verifies that he is Attorney for Plaintiff in the above captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers~ and Sailors~ Civil Relief Act of Congress of 1940, as amended. (b) that dafendent Wendell E. Millhouse, JR. is over 18 years of age, and resides at 619 Walnut Botto~ Road, Shippensburg, PA 17257. (c) that defendant Mehan M. Millhouse is over 18 years of age, and resides at 619 Walnut Bottom Road, Shippensburg, PA 17257. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. ~UIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2000-2, WITHOUT RECOURSE, EXCEPT AS PROVIDED 1N A POOLING AND SERVICING AGREEMENT DATED JUNE 1, 2000 6400 LEGACY DRIVE PLANO, TX 72024-3632 Plaintiff VS. WENDELL E. MILLHOUSE, JR. MEGAN M. MILLHOUSE 619 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 COURT OF COMMON PLEAS C1VILDIVISION CUMBERLAND COUNTY TERM NO.01-5090 PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of 619 Walnut Bottom Road, Shippensburg, PA 17257 Being Known as No. 619 Walnut Bottom Road SHEETAL SHA~-JANI,(.~SQUIRE ATTORNEY FOR PLAINTIFF ALL the t'ollowing (~esctJbcd bant of ~cal e~a~., lying =ad bein§ situate in the Villa§¢ of Lcesburg, Southampton Township, Cumberland Coupe/, Penraylvania, bounded ~md described as t'ollow~: ON the Soo~ by the P/aLeut Bouom Road; on the West by ~ eig~ttcn (18) ~oot w~de all¢~ o~ the North by an alley; and on the East by Io( now or formerly ofAlice Sramcy. Having a ~'ontage on said Weinut BoSom Roed orS0 feet and extending in depth 330 feel HAV~IG er=clod thercon a two and oae-ha/f stor~, ~ame dwelling, house framc st=bi= and out-building. BBI~G thc sara= premis~ which R. T~omas Kiln=, Sheriff ot' Cumberland Coun~ by riced dated D¢cembcr 23, !998 anc~ rccor~cd December 28, 1998 in the Omc= for the Rgco~dlng of Deeds in and tot Cumberland Counly in Dced Rook 19l page 923, granted ' ~-RYT OF POSSESSION ( Ejec-.ent Proceed~n~ PRC P 3160 - 3165 etc) BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2000-2, W~t~0JiX2~F2;gjZ%~_~_X_C_~I/_~_A~S___I~_Q_V_I_D_E_D_._I_N. A 12~' ~ COURT OF COMMON' PLF_~S OF POOLING AND SERVICING AGREEMENT DATED JUNE 1, 2000CT--N. [BEi~J--~-%qD COL.~: .~o. 93:.%0_9_9_ .... z .................. T-.--m t~. ...... WENDELL E. MILLHOUSE, JR. MEGAN M. MILLROUSE .N'o ................................. T~.--m :.9 ...... Co,ts '.v x;: ............................... s__L22:X5____ P','ff is', ............................. $ CO.%fMO~N%VEALTH OF PF_..N~'SYLV.MN'L{; CO U.~-r%' OF CUMBERLAND To '.he She. L':L':L':L':L':L':~f of ................................... Count-.. Penn~. (li~ To saxi~v -.he jud~m~n: fo~ .~osse~ion ia dee ~bove m2?.e: ';ou are disc:ed :o -~xe, ,:~sses. sion ~ ..-he BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2000,2, WITHOUT RECOURSE, EXCEPT AS PROVIDED IN A POOLING AND SERVICING AGREEMENT DATED JUNE 1, 2000 .......................................................................................... P!=Jn~ff ' i 619 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 (2~ To ~f,¢ '..5.e costs 2~g.xi,'~t r. he d~eadant is, you m dlr,~ted to 2e-;:.' '-'.?n zany .~ro.~r.--? o~ ~e d~-...- dan: .~ aa--'d semi ~'~.s · her 'er "-u~ir~ !nc,,-~,e~, :.herein. . November 5, 2001 ................. L ............... ; By ~'irr~ ~ :In.~ 'id:, on :.'.¢ ..................... <{'ay ,~ .................................... 19 ...... i catt~i ~e wir. h~a named .......................................................................... h=:-e po~-an a/ :h~ pr .emis~. de~-..rbed :~'irh :he appm~.e.~ances, and WRIT OF POSSESSION RETURNED STAYED AS PER ATTY. SHERIFF'S COSTS: ADVANCE COSTS: 150.00 ~_ _oE _k_e_t_ _i_n_ _g_ ......... _~__ __LS_: _0_©. .......................... .SHZaZ~F.'-S_ ~O~Zr~6Z. Z~ ............. Prothonotary 1.00 88.75 Milage 11.05 ~n-eeTrarg~- ............. ~o:oo .......................... -f~'0~-~-~b-'~U - i-Y~Y- b'~' Y7~'76-2: ...... Po u{~g e 1.20 .--.~g/ ................. ~-.a-~ ............................................ 7---:::::i ................