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Home My WebLink About05-2784 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (?] 'i) 'i1i,-7000 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-2 without recourse Except as Provided in a Pooling and Servicing Agreement Dated October 1, 2003-2 without recourse Except as Provided in a Pooling and Servicing Agreement dated October 1, 2003 Court of Common Pleas 1800 Tapo Canyon Road, MSN SV-103 Simi Valley, CA 93063 Civil Division Plaintiff vs. Cumberland County Derrick Rivera Andreanna Shoenberger And/Or Occupants 414 North Pitt Street Carlisle, P A 17013 Term No. OS -;(1rf''j C!U;{_'--rf.JL~ Defendants ClVTI, ACnONICOMPI A INT FOR IUFCTMFNT RASFn ON AN INSTAl J,MFNT CONTRACT FOR SAI F OF RFAJ, FSTATF Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING ALA WYER. IF YOU CANNOT AFFORD TO HIRE ALA WYER, 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 A VISO Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo ai partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forme escrita sus defensas 0 sus objenciones alas demanandas on contra de su persona. Sea avisado que si usted no se dafiende, suya sin previo aviso 0 notificacion. Ademas, la corta puede decidir a favor del demandanto y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perdar dinero 0 sus propiedadas u 0 tros derachos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 800-990-9108 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: Pursuant to the fair debt collection practices act, 15 U.S.C. S 1692 et seq. (1977), defendant(s) may dispute the validity of the debt or any portion thereof. If defendant(s) do so in writing within thirty (30) days of receipt of this pleading, counsel for plaintiff will obtain and provide defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid, likewise, if requested within thirty (30) days of receipt of this pleading, counsel for plaintiffwill send defendant(s) the name and address of the original creditor, if different from above. The law does not require us to wait until the end of the thirty (30) day period following first contact with you before suing you to collect this debt. Even though the law provides that your answer to this complaint is to be filed in this action within twenty (20) days, you may obtain an extension of that time. Furthermore, no request will be made to the court for a judgment until the expiration of thirty (30) days after you have received this complaint. However, if you request proof of the debt or the name and address of the original creditor within the thirty (30) day period that begins upon your receipt of this complaint, the law requires us to cease our efforts (through litigation or otherwise) to collect the debt until we mail the requested information to you. You should consult an attorney for advice concerning your rights and obligations in this suit. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (71 'i) 'iIi,-7000 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-2 without recourse Except as Provided in a Pooling and Servicing Agreement Dated October 1, 2003-2 without recourse Except as Provided in a Pooling and Servicing Agreement dated October 1, 2003 1800 Tapo Canyon Road, MSN SV-103 Simi Valley, CA 93063 Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. Cumberland County Derrick Rivera Andreanna Shoenberger And/Or Occupants 414 North Pitt Street Carlisle, P A 17013 Term No. OS'- J..-'7Pl./ r.?tu{'(-T0Ll Defendants nYn AC'TTONICOMPT .ATNT FOR F.TFC'TMFNT RASICOON ANTNSTATTMFNTCONTRACT FOR SA T.F OF RICA T. FST A TF I. Plaintiff is Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-2 without recourse Except as Provided in a Pooling and Servicing Agreement Dated October 1, 2003-2 without recourse Except as Provided in a Pooling and Servicing Agreement dated October 1, 2003 1800 Tapo Canyon Road, MSN SV-103 Simi Valley, CA 93063 who is the Seller and Owner of the property at 414 North Pitt Street, Carlisle, P A 17013 . 2. The names and last known address of Defendants is Derrick Rivera Andreanna Shoenberger And/Or Occupants 414 North Pitt Street Carlisle,PA 17013 who are the Buyers or Occupants of the property at 414 North Pitt Street, Carlisle, PA 17013 . 3. On or about February 24, 2003, the Administrator of Veterans Affairs, Plaintiffs Assignor, and Defendants entered into an Installment Contract for Sale of Real Estate for the property at 414 North Pitt Street, Carlisle, PA 17013. A true and correct copy of said contract is attached hereto, incorporated herein by reference, and marked as Exhibit "A". 4. By Deed dated October 30, 2003, the Administrator of Veterans Affairs conveyed its ownership rights and all interests to the subject premises to Plaintiff. A true and correct copy of said deed is attached hereto, incorporated herein by reference, and marked as Exhibit "B". 5. Defendants are in default under the Installment Contract because monthly payments under the contract due April I, 2004 and each month thereafter are due and unpaid, and by the terms of said contract, upon failure of Defendant Buyers to make such payments after a date specified by written notice sent to the Buyers, the entire principal balance and all interest due thereon are collectible forthwith. A true and correct copy of said notice is attached hereto, incorporated herein by reference, and marked as Exhibit "C". 6. Notice of Intention to Terminate Installment Contract has been sent to the Defendants by certified mail as required by Act 6 of 1974 of the Commonwealth of Pennsylvania on the date set forth in the true and correct copy of such notice attached hereto as Exhibit "C". 7. The Temporary Stay as provided by the Homeowners Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet with Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written notice to the Defendants. A true and correct copy of said notice is attached hereto, incorporated herein by reference, and marked as Exhibit "C". WHEREFORE, Plaintiff seeks to recover possession of said premises. PHELAN HALLINAN & SCHMIEG, LLP Date: s /cJc,- /rX)' / / By: 777..A.d 7?f' ~~ Michele M. Bradford, Esquire Attorney for Plaintiff EXHIBIT" A" a'leratedby POFIGt.NI?fEllafuation . -."V.A;,<lRM 26-63360 (eg) 'r :"".Jlscd ~EPT 1998 . i . . 10-1~11292 10-U),7.oo18317 INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE - PENNSYLVANIA TIllS LOAN MAY NOT BE ASSUMED WITHOUT THE PRIOR APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, SUCCESSORS OR ASSIGNS, I THIS AGIUlllMBNT......... 24lb day of Pcb""", . 2003 , by lOCI "'- tho Sc-..y 01 Vet._ AIf.h., ..; .Ilicer oflbe U_ SllIl<s of Ameda, ...... _. ~ of v_ A/roin, WoskID&t.n. J) C 20420, (oflbc fiat part) hx'ehLaft:ef ClUed .SoUor.. aDd. hisJbcr ~ in audl off'lCe, 11 aucb. IIUI DI!RIUCI:: RIVERA .... ANDRENHA SHOBNBIlROllR b=ilW\ct <a11ed 'B1lyor'. (porty .t Ibo ~d pad) 2. WlTNBSSBnI. 1bat it 1I mutually Igl'l:lCd I$lollow$: The Seller beooby ...... to ..n t. tho _. aocIlbc _ beooby q_ .. puo:hae from tbe SdJcr, oIll11at teol propert1lhuatcd bl Carlule 'Borougb count)' of CnmberlarW. wf CommoDwcaltb 01 PtnJu)1ma. t1erd. ~ 10 as -(bo property- and more filIIy described as fol1OW1: TAX PAaCKL 06-~O-1198-2" 414 N. Pitt Street Olrlisl.e. PA 17013 .. . ----. ---~_.-.~ ............---..-.-- ; CHI... .."38482 RIVeRA D . ~1.llmIIW~UII~I"lllmll~IDIII : , 819 B32431840 Ie 891 891 3. Thb ............1I...d..ullf... "': (I) 1lxJsliDg'-o1Od.........1f"'1,of_In.......,;....1f..,.. (2) l1Ic..-0I.....8DlI1pO:IaI...- ..wblcb....__flcr_to"',. (3) BuUd1q1lnc.... building 8lld 1Iqoor _ of__ (4) z.a... "'" baUd1q .... '" .tdInou<a. (S) Pon,_o11~",_. (61 _... bigbwoy.. (1) CaveDlDta, eandLd.onI, ~. ~, I'elllridiDns. or easementS or letOId. (8) R1p".hll portlosc1oim1ngby.llImup. o<w><Ior1llc Boyer. (9) Any IIlllll of '-ct, wblch IU1 JCeIIratlt mrvey WOUld 1ho1r. (10) All upold -..., "'d..wop-d1JpoaI choip t.r ocMoeo _ _ "'" d"".r doli_ olll1b Agnocmcm. (11) AU CODlmcts or ~ .RlCOrdcd or UDRCOtded. for 1unW.hiog &as.. electricity. water. or IeWl&c.cfispasal .crvice. (12) 1bc CODItitudon bylaWJ. rules. regu]..Uom, ~. cbar&e:l. or ---(J of ant civic improvement or other usoc:iatio-.. c:orporatioa.oc dlatrlct. wtdd:l afkt Iho property. (13) Cool Not"" UDdeo-1IIc Bll1llllfnotd MIne ..- II1d Load Coloocrv.uo. Act.t 1966 ...Idled. The IhIF Iboll indcl!InIty.....~ _lb. Seller _ all.... IIld liobi1iay that orioo by,..,.., 01..., oocI 011 oblisaliocs <lid Iio1lUJlles mdlotl or 8lioiJla oat of..,.t Ibc /b,.gof"i ......... . of. Buyer ahaIl PlY 10 SeD. ~r the property Ibo sum of ($ WOOO.OO ) In I&wAIJ .....,. of !be U'Illcd _ .r _ "Ibo ~ ~) (CeoI<r), DcpG1mc:oI.t Vet..... AfloJn;, on .,-y .t.... UnIOld _.... .. """ Olbcr place wilbln 111< U..lcd S10Jes II lIIe Sell<< .r !be Sell..... Aacat. ..., ftma lime...... doolgnalo In wrilln&, Mlbo llmcs. In lbe .........1I1d to Ibe..- tollowlna: ($ 500.00 ) In CUb ptIor.."'''''''''.........I....nddolively.rthk .......em..': 8Ildlllebo1oncc.r ($ $9500.00 ) heu:ia rdemd CO II "prlccJpal IUIQ~ or Q "priDcIpaI- wlth lQIcrClt tbeteon . the rate of SIX _ ( ~.OO )S pet........ from 1IIc dol..t F_bruary 24.2003, wblcb Hid principoJ ....lntcresr..!be unpatd ponintItbenoot 111111 be _blo ill oquollDOlllbl, 1nstoJ1_ II fiJUows: ($ 3~.73 ) OIl l1u: ftnt day .t ApriJ .2003 . ood .n...... .. .... flrst do, .t _.el"nd cmy - _tor 3$9 --.. _ DUlb/lu, urailuldprlllC!p:olond""-tobo11 bIl~baco tully paUl. Unless -- pald, lbc IlOpold - .tpricclp.1pJus lbe _... 0lllp00l1ot...., sho11 be duo "'" poyoblA <Nt tho Pint day 01 Marth ,2033. Of the Iotal pan:bue prico pIid b' Ihe Wet deIeribed propcny. Ibe amoant of $ ----------is I rcbabllifllica 10lD II'I*d putIWlat to Public UTI 100..198, tel be dfdautucl uDder IIClparIIo Ba::nJw Alrecmc:nt whkb rebablrualoo JOIA bears me 1i&IhD IIItc of iDteroIc as (be baboce of thlr IIbOWlt cemainlq ..10 be paid rex tho E%cept as ~ oIherwlse ptOYided. e;IICb pa)'Jlal made hcmuIdcr IhaJ1 be credited lint oa the lateftllt !bCD due at hen:iD. prqyldod. and the Rmaindcr shaft be cmiilecll upon - princlpoI. _ po~ of princIpoJ In my....... ""'1aII "'onlbo ..,.",. ol!be _. ...uu...... 01>~ provlded.r 0.. H""""'" Doll... (Sloo), ...........11 '-'. ..., be -. at.., _ oM obo11 be _ au IM_ pnncipal sum in IPdl. manner .. die Bu:ytr IlJaf elect. or in tbo ~ of IIIr.b eJoctioa. u Sctlcr may dcct. eScan Copy 02/2;1.^<aIlJP;t.A;taftlJu.8ft Walet leQls. ICWeI'dlaqtt, 1SIeSSmemI. JQd otb<< chJrp "'Jable in years IUbscqoent 10 Ihe year 1tjbj'Q; Hrfril6d_r Ibe date ot esecudoa of ltriI ~ or fQr ~ Ttblcl1 ~ not tflea complotcd upon mo propaty..,.ond lboJl be Ibc oblJ&8Iion oflbeB1lyor..... Bu",,,,,,,,,,,_ ..po,.... _in ",,_,provided In_b sevCD hereof. Water/sewer aod spc:clti ~ 10 be paid diIO:Cly by bu)'tll". GeiHlrated"by PDFKit.NET Evaluation ,.....-# -~ 6. Buyer IhalI obIl1n lIl<I-Y__lllsurooceof_lYJlO or In><'............ IS'" Selle< may fR>m time '" dme1lOlity Buyer 10 _on dlo ~ IlOW or_ made on aid p..mbes Illd wW pay "'Y p__ pt'Ompt!y- due. AD '- 8hIIl... _ In 00l1lpIIIies ~ by SoIIor and poIlcla .... ........J _f IloaIt bo held by Sdler.... bavo aIIIdIed _ 10" payable dA\g.. In ra_ of lrdIer as SeadaJy of V_ A/Iain In ....,1Ib1e ronn. In IIIc .-. of Iou. Buyer will sI" Inmi<dialo OOlite by mall .. ScIIec IIId ScUor...,. but is ... 1llId<r dnty I<> mHo pt'OOf oflau. If..... proof is "'" modo pl'Oalplly by Bnycr. All is_ _... """'by _ .... dil'lldal 1<>..... paym- for IllCll loss Wrectlyl<> _l_orl<> Buyer... Sella- jolndy. Theproccc<ls rro..1bopaj'JllClllofmchlou or ..y put Ibe<<of...,. boo applied by Seller dlIler I<> ..dUdfon of lbe in4d>,_ or ID Ihe ""_ ond ....... or... pmperiy ......,., 7. TOlctber _ ad In addidon I<> .... m _y _ or pdoclp<IlIld""'" poyablo IIIIdcr'" """" h....f. Buyer 1lIlU pay the SeDer OD. tho fiI3t day of each IMGtIl UDtD 1hc- IamlI at dU coatracl ha\'o been fully coq:tlicd with. the: !onQW{1I! sums: (I) __or_ as may be..,....,.,. 10 equdlll Otlll)'otlhe__ ___<Iul:lll<Ipoyobl. no Ihc polt"1' or _ of lite .... _ _"""'- cnYOllllJ rho property. pi.. ...... _ due on the_ (alias ~ by ScUer.1IId or _Buyer fa lIllCItIecI) ""' 111",,", ob.l4y pold lhcrefordiYlclccl hy..._or m""" I<>~ befo......_ prior'" tIIe.,o _ _............ ... will bccnmo doI~ sudI.".,.ID'" hdd by Scllet In Tnat (trlWOCablo ""'i11l1 or &yer'. obllpd... _ lbfa Aarocment "" dischcrs<dI '" pay aid premiums. fues. . . , (b) The 1_ for priDclpol"" i_ ....001 In _..(Ill 4 wbldt .wn pi... tho _ poyl1>le poalWll .. "bpara&"'f.h (a) or thlo J'<<8Inoph _ be paid In a....'. p_ _ _. I!la:cpl as odIcrwUe provldod In pangrapb 4. JUcb payment IbaJ1 be IppUed 10 tk ltenu and In !be onlor staled below: L ........ lite and other _ huonnao (llOlDIum; D. ,_ on'" uopa;d pordoo of the prllltlpll; lad 10. I1l1llaidpriocipol. (0) ""-ydel'lCicncy In IllY."", payIllCIllohl1l. ""'... made loodpri.rlD rho ....""".flbo_p.,.,..., c:onsl_an OYOD/ or _ _. n. Solla- may coIIcct . ..... dwp' ... .. .- aD ....... <qual I<> _ (4~) per <<alUm 01 the ..._ whldt;. "'" paid WlI!Jio _ (15) "'-" ftootlbccluo_ _f. 10 """"'tho exlta exp.... ilIYoI.e<l1n handl;"g deIlnqocm pqmeolI. (<I) If thc - of lhe pI"._"'" by Boyer 1Illder1uhpuagroplt (I) or lbla _"'Ph _ at IIllIllme m Ille .pilllco or W. cxcccd Ulo amount recp1tec1 roc tho paymcut oIlUo1 Or ~ premNmi, _ au, eISCl may be. aucb. sc:oa IIooU becredllcd em ..~~ ID"""" by thc Buyu for..... _ If. _or, aucIl_1hlYl."t:;- IbaIl ool be autr_ 10 pay ___lhe IIIlDC ohI1l"-..,o "'" payabl., rllc Buyer IbaIl p<y tho IDy -1lOCCaa<y OJ....... op lbo doIlcicooy. (e) All ~ or_...", made by Soller ..y... In _......... a arelbown by _. <<by bUb obtaiood by Seller. or em ... basi, of aDY ather lot.....1on _.... by Soller, or .. clne, pll}'8ldo. pDt due, or dellnqum em '"""'"Dl the_f. If l'CQUCIh<I by Soller. Buyer ohalIpnllDpll)' obWo. _YO .... dcII..... '" .!cI1", III bill, for .aid items. , 8. Buye< ~ and _ .. depooU _ ScIler at tho ..~n lIlI<l.rotlvery of this """"""" an amouot 10 be -..,I..d by Soller.. be _ioed I<>_the _ .f............, ~lIlI.for _"""'- _ U m.y b. """"""J' 10 pay ptiof to tho acculnUtadon of a 1\tnd IIlfttcicnt Ibc!tet'or .. pnnided bcreln. 9. AU paymeoll.fprlocipal.lotaat and otherllernstoqUiredl<> "_by thc...... ofthlocn_._ b._olo the Ag... Cublcr a( 111. o!lke or tho Ilcpanment of V......, AlliIlII deo!goated in JIIlqnph 4. 10 tho older of tho D.p"'-I of V,,",,,,, AfWlI. uo1cso ,''' Buyer "'ell'" DOUfoed In wri.... ID mu:. oztb __.. _.. _ or place.aDd ooIy lOeb pa}'l1lCDla .. 111I11'" lCCClptod fot by the..., Apol CuIlIcr. or oIber p","" after noti.. 10 1he Buyer. _ be m:op!zod by the Seller. and aUothor PlI)'OlCDla, .flllll. ohI1l......."lhoriol:o(lbc "yer. 10. All_ paid Ie ScIler bereaoder_ bedopooitod _ thc T........,.oflhe 11_ SIMa _ II bercby_1o COIDn1in&to Ibc IamO- with tho lcaonl fUad3 of Ibe United SIuca:. No iattmt mill bo pay&tllo oa the. ftmds -received by Se1Jer for any pwpose pursu.anr: co any provJsioa of Ibis Aa;~. ll. Buyw coveaants DOt 10 commit, permit. or sutrcr my ...,.. 10 Ibo proparty. to keep &be pRlpCrtf In .. IOod .-ate. order aad reptIt. 8nyer tIJrtber CO'YtDlAtJ DOt to Ibaadoa aid plIOpOrty II1d POt 10 UIC. peI'IDit. or ru<<er tha use o{lQ! of Ihe pnJpeR)' fat any IUcrIl or......'" porp.... aod...... 1<>......1)' _all Ia... uul ord_ _ _In any_llfcctlhc property. 12. ne Boyu II - IIlI<l petIlIIlI<<l .. '""'" ""'" .". lltentlou, aod <ccmYaIlons .. .01<1 property .. ....ioed and decennlocd to be IICmIlary at Bf,ayr::r-I own expenso IDd Witbout any liability on 1110 part of &be SelJcr tor IIIOUl, IS tnI approved in advance by Cbo ,SeDer. PIimnl of tho Bu)'lSt to obtaiq 1d.IDC:Cl-wrovat lor repaln, altendooa, ad RDOYatfom. 10 laid Pr'opcrty, ..., .. lbo _ of the Scllet. be _ a _ .f the ..... of 1hI. ......... 8Jld Ia ..I of dcfanlL Boyer filrthcr - IlId .,.... .. ...... p_ p.".... for III labor aod ..- ia .... bcIWI__ <lid ... 0> """..y P>OC:Ilmics' or ......w_..llona to alladl to ai<l_. All..", '"POi.. 004111........ _ by'" a..,... ohI11.... 10 !be - or the property and tho Sdlcr In the..... 0( a default In the !ami of lhlo AJx<cmcoI by thc Buyer. Boyer _ _ 8lld '8""" 0> complcro .... P"Y AIr lb. ro1knrin.! ... or I1tcratIons wllhln ( ) days after executIOn ottfds ~ Ihli Ibt btcaCb ot tbil toYII1Int wW coAStitu1c 10. act of cWault. 13. No panofthep_ _ be..... In... IIWIlJfaoOue, IIle, or_oflolozlcatl-.lfq_. 14. !II Ibe oycat Iloyor fAlla. 0CIIam. or "'..... Co pod'orm. In _ or In pan, IllY or... 00"""" _". or ob_ 'herem provided \lPOil1he pad of Buyer to be padonud., Seller is &er.by autborited. Jnd 1jI .eNd wItliOat DOtico and . tLe COlt of Buyer. to perform or CMlIoII to be ~, Ill' or aU of old ClO'Imal1tI, ~ and obIi&:alioos, IUd to expend ~ ......f.....,. .. may be IO<IODIblo tltooofor. or for 1IllI'1hcr i"'1JlOS' _ 10 the oplnloo of Soller fa .....mabIy IlCC03Utl' for !he -'"'" or Soller. So\ler"lion. ....._ or p_. All _ """' of ....., .. ...,...red by _. "'S"het wllh ' Interest da:ct'ecm. at the me afol'CMld. from Ihe MVCr.r cIata of CJ:pendJcuxo thereof IUIIiI plid. IbaU. bccomo 10 IIUIeh MdifioDal eScan COpy 02/25~~~~Jl1iaApomem aod -.. rq>ai<l by 8l1yor.. ScUer.la lawftd .....,.orthc UollodSWc. of America, i~-\rri5ut demadd. at dJe IaDIO pllCO or p1icel 1M ClCbec' IUIDIIR pqIbIe hcrcunder. unIcu Seller IbaII qrflll: that l..:h IUmt be cdluwiJo repaid, in nld1 0'VCnt IUCh ~ IhIU be IDIdc by Bu)er to Scllec Mauch lime, 8Dd in IUd:J. mannct as Selle< ohI1l "qolre. Arq fI1Iuro. ..pct. .r ro1Il.1I ~ BlIJ'l'lo ....., aueb. ..... .. "-In ptOvided IhI1l ccmsd"'ollcf..~ bcrOWldcr. ^,,-y Pl}'lllClllI ......1lOder...........r "'"' ~ '"'Y. a( 1&0 oI,.rlem of .!cI1er. .. tppll<<! _ '" the .. baycpene of u.,. IUP1t Seller IbaIJ. have npendcd in ~ with the terms bcreot. ,"'. J ' ..... . G':;'lcratcdby POFKlt.N1oT Evah..i;ticiri. '. . i~ r'.r.\ . i~. Buyer he=, osol.... .....",.. Illd .... __ tu SdJet. ap .. .... ..- or the lot<! ~clebt_ ~ Buyo[ to Seller hemmdu. III of Iluyoc'. diht. lIt1o.1lld _ In or m 111_ """ _ h< cooneclIOll will> ..udcllUWiOll of uy of the property ru, pubIlo ..... or ,... bUwY m any _ _. oa4 11Io proceeds of . _ ._ or cIlIIms. '!\Of payIDCllt -- of aD _.._ -,lncIudlq '"'..,.......,. ~ s.u" In any ouch".,.,.,..u.,...... 1>< pol4to Seller lad 1Iuyer'. obu,.doo _ -lhO<dIrbe _ IU _ _-.pIm the......, Senerdoob to 0.. .... twwb co _ the p_ In _ _ paqnph 16. s.uer b....by _In l!le..... or nu,.,-to....... oadddl_ YlIIId AC<jUlU_ _.... ..appeal ""'" 0' ciIh...... opproprialdy 11dplo.., Of aU of_..._ "'_ SeIler .hall be.- DO abliJaljoa _to tcIl ""_lIIJ "".., port of'" JNOPUlY. or diht '" btlelatlh_ wIlidl Is _. 16. All money. m:eiYed: by Seller undar aay policy or poUcIes of lnIurmce or tQy e--i--ioa: &.wW or ather awfll'd after pay__ofllll_Io__In_fiMlrnritll.-.""ror_~SoI"". _ at .... option 01 Seller b. .- 10, the puqlOIO or RplIItIq. .........,. or imp...... Ibo dmloacd otrucl1m> ~ the _..... or may be_......-... 10_ _theproytslollooI1llia~. 17. &.anloofOl!!""""......of1llia "-'>lbyu.....,.,._ doIl_..ond~by """'05-01 ... prop.... hereiu cIoooribcd, IUd ... bulldiol' aod ............ diet... _. aod 1da1owl<da..... by .... lbat .... property. IUd lIle boi~ IlId Impro_ -. -. _ '*" inIp_lIlllcumlnod, th"boyer loatb od wilh I.. Il1d _ condlllo.. md "'" Ibl: Jm>POtIy IUd... balldh!a< IUd loop_ thoRoa _In _ coudlll..... be... b..... IUd _od wlthoullll)' ~ _ by Ibc 8011<<. _ u may be prooMod IA puappb 11 01 Agre=eot 01 Sale dalod . The Buyer ....... _tbDlIy .... h\l1R1 '" dcaIh .. or lIriI... "'" of 1Ilc pmptrty and also auumea tbe rilt of bu or damIp to Ibo 1PuUcUq:t &ow .huate., or hereafter ~ In or upon said. property by fino. ClIIually. or _lulppeuIog &lld sholl iodeomtty lid ....1he Soller _ _ alIl....mtas I.... or by redton 0( tbeso CIYtIUI or 1ooideDts.. 18. Tlme Is 01... ........ oftbb "- ""'lfdctault 1><_ aod_ ""'l*kxlofllllrl,y (30) d2y.lnthe_ or., of rM Wtallmeats or priacipal. lmIcmt. or.my athar item& ~ .lale4, wtLeo. tlIo IIIDC become scvcia111 due herwndcr. or fa tho paymal1 of Illy ok lUlU bcrdo qreed 10 be pIid. by Buyer. Of if default be bmkln.1I1e performaDoc by Buy... of any 0CIKIr ........et.. cooeoam.\ Of ....Iptloo of Do", ............ ..... 10 oillu:t. or "'" of Aid ....... the _10 - baIaIu:o clue oodct lhe ...... of au. As........ abII, " ... optioo 01 SdIot. lmmodl8<oIy _ 4uo lIl1d payable and Seller may. at hIaIbcr optio.. (a) -. by aimpIo dodatltioo of III ekdIoo 10 .. do wkb Of wldlout uolic:o. III of Boyer'. nsJu. lIIllIer IbIa Apemonl &ad all of 1Iuyw'. ,iaht, lido. IIld ......... In tho p_ "" (b) -. all of Boyer', ri&bta uodcr lIIl. ~ aocI all of Buyer. dahl. 1I11e. aocI ...... In Ibo I""P"'Y in ... ~ po>oeediOI, Iog<Illf oqulIahle; or (e) - Buyer'. obIip1l_ _In..y~. p-.. _llfocjUlta6le. BuJ'" _"ply 011 ..... ODd -. iuoIodliltI. _... for -..y'""", _ by Sell" iii ~ _. riab" oodct lhb ~ '" - 10 the plOpOdy Of In _ ..y 0' all of fiMl -. 01 lIIb Apemom, lUll 10 approprillo judicia! -. il any ....loldatOd.. _ Of Ill&Iutala Soller'. diht llftiUe".1Ild p..se.l... of IIid I""I'CfIy _ bRacll by Buyer, &eC oilllY dt10 orclaiau of BuYCt'. 19. Up" Sell".......... ... _ of............ u _Iuo'ebl, III rill*. ...... and -... _ ........ IUd thou ........ ill Buyer IUd 10 my and liT _ d&llIUn& under &o,er. _ wboIly""". md__ Bu,.r Ilwl_ quit md ........ter .. S&!1e[ _ -. .....11I1 ....."'Iou 0( Aid ptIOlbes in u pod <OOdilioo ..they IIOW .... _ ..... ad_110M -.pled. In Ibc _ Buyer &qkcts or _ 10 _ ..... _Iou """" oblipled III 10 do it IlWI be 1._ for SdIct ........ upon and tab ...- or ouch .,........ ..- uolic:o and ....... all _ IIld Ihelt pro...... 2(1. The lJroylsiODl of pm.grapb 19 and 20 ot d:ds ~,trccDU:at IbalI altO: ~Y. at I:be ~0Il of Seller. to (1) my violation CIl' m:ach or aqy of tho COYeaIlltl, CODdltIoaa. or ratrictloca. Iadk:ab:d ill tbfa- Apeemcat ar which ~ be at record. aad (2) to any -violltion at tIl)' law. or ordbwu;es in any manner attecdns" .aid proparty. 21. SoIIet os- upoo....... of _In ~ lrith Ibc provlalnns .....,. of the ........ prluclpti.... ..i.. i..-t. to ~ IDd dc1J\'Ct a special WatraOty Deed OD VA Poan 24-6436, coaveyiug die tlt10 In nkl property to Buyct in .such DllDD.er and foem as Seller elects. Suc:h deed may be ddiYmld .1Udl earHor limo u Seller may c1eQ. Said Deed. will be on SeUeI'1 10"" Illd COlI..,.... &ball be modo lIlldct aod aub,i<<t 10 .., "'_. ......._. mI m:optioo of 1tCOnI aod lito aubjea .. <II NlIIloo<l and S<olelawa. _. 1Illl............ 1hca .-.., .... "..."" of 10Il ...... or of.., ri... lboreln. 10 1Ilc C'Yeol any pitt of laid pdncipallUUl ,ball DOt "ava been paid III: !be time of 1Jx: GealdOP IDd ddlVOl')' of the deed to _IUd propeny. Bur<t IhaIl &iu1ul_usJ,y ._..., del,,", .. SoIl<< . M_ IIoCe ilIlbl: juol '" priucipti IWD remalnlJog uaplIId. loJotber wlJla....... _ ""'" _ prootdod In..- 4-.1. payable ill ius_ of1he..... .......... u _In ..w _h. 1Ud.....- _oy ..._ of'alcf piem.... to .......... __. wIlIch .....,oplhall be . finl li,n.. Ihe _; 1he Morlaap NoJ< ... M.......IhaIl_ ""'.... _.. Aid D<od; they _ be 001110 ...... of JOd1 instnmtmts IhcIl in use by thrl ~ oC VckWJJ AfNrI or itllUCCel.Of 111 bdm::at. modified. and am8lldcd. as to IUCh 1Orms, coodilicUls and detailed ptOVlliODS II co In c:ouftkt wilh Ihit ~. 22. Buye[ ""....... IUd COVeIWlU lbat Soli.... lill.. IIIlstoeloty 10 Boyor IS of tho _ he1eof. 23. Buyer Iblll pt)' for all ReOrdlaa. ~1CtIcuJ. lnftd'cr, c:anwyace., ad ocha' t:ana lIpOII ab Aqeemcat and. upon III)' doed, bood. _. or Other """"-......... _... IonIlIIlOd _Wooa of lIIb ~ IUd 1'0, &II -. documeotuy, "" o1her.~ RqUlted 10 bo _10 illY JOd1 '--at mI ahlIIl aIao pI1111lc roo. for.-;q Ihe deed &ucl the mortpae, if IDJ. wIu::n ~. ., -n Mill COD IDd apeDItS for neb tide foCUdlu lbo Buyer may elect to have made. 24. Tho Buyer ahalI oodty ... Soller 01 .. ~ or the 1Iuyer'. ......... '. 1hio _. SolI<< may II lIlY lime ..u eod -..y 1Ilc _ .ubj... 10 IIliI Apemom aod may usrp Ibts "-,,,,, IIld ooy IUd lIIJ stctua _ wlth"'" the ....001 or the Buyer. 25, AIrJ oolieoa ttom ... party 110.... .. 1he otbet pltly _ be ill writIu& IIUI <Iel_ lu p""'u ... IIIA'ltdcd by _itied auil. f1otlooo - be _ .. 1Ilc .......... __ de&ctlbed uot... _ of. dl......ut add= ohaIl heve b<en previously ddivem:f lu Seller, in wbida lMIlC. IIDtlce shall be lent to IUdllddreJl. Nat:ka to Seller &hall be adclrea&ed to the lmn Guatauty Oftia:r. ~ofV_ Atl'aIn" ....llfti.........1bts Ao=mouI 10 .,.,,:u1od uotil Buyer to uoIlfiod In wtitlng of. cb.ansed addteas. 'IJIereaftor any Dodc:e IhalI be IlmI &0 tho lut addrcn of wbicII Buyw fhaJI hive beea DOt1ftod.. 26. 8uyer heRby authorilJoIlEld tlmpOwm my actomey or q' coon in the CoIlllDOllWel1th of Pamsylvm1a or cbcwhm: to appear for Ibom IIOd cad1 or Ib.cm i.a my and III ac:tlotw to 110 b~ for ttry breacb or cIeln1t ot cbe CCIlmS of this Agreement and ~ confala judgment In favor of the Sellcf for 1ha wbOlo amoum or tho priadpU IUDlIJld aqy Intcust n!IIIWn.ins: eScan Copy 02/25J1U'P'H.IJQI~~ Ibe arb$1haf1 have beaI due or not. Iogclhcr willi Xl attomey'. .-nrra...l...,"'4\ or tee at five (5") , po","",; Witli .,..lih.", prio, dcc:I....1ou llWi'. wafvlq "'Il' or ._. Inqutoitlou. &lld all =mptIon IaWl. EXHIBIT "B" Gel"~rated hy PDFKit.N~T Evaluation " . . ~~..."u:: '\! '!IJ!!I!!'!!IlIIii, -;, .~ '-- - 001 Doc lUNo.OOO324318402005N V A#101070018317 TIDS INDENTURE made this 30th day of October. A.D. 2003, between the Secretary 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 Grantor and Deutsche Bank National Trost ComplUly, As Trustee For Vendee Mortgage Trust 2003-2, Without Recourse, Except As Provided In A Pooling And Servicing Agreement Dated Ocrober 1, 2003. a trust which is established under the laws of the STATE OF CALIFORNIA, having its principal place of business at clo Countrywide Home Loans, 1800 Tapo Canyon Rd., MSN SV-I03, Simi Valley, CA 93063. . PENNSYLVANIA herein called Grantee: WITNESSETH that the said Grantor(s) for and in consideration of the Fifty-nine Thousand seventy-nine dollars and twelve cents ($59079,12), . the receipt whereof was acknowledge, hereby grants, bargains, seIls, aliens, enfeoffs, releases, and confirms unto the said Grantee and Grantee's heil:s or successors and assigns, BEGINNING. LEGAL DESCRIPI'ION (SEE ATI'ACHED Jt:x H I KIT "A" ATI'ACIiED HERETO AND MADE A PART HEREOF.) TAX In: 06.20-1798-267 BEING: 414 N. PlTI' STREET. CARLISLE. PA, 17013 County of: Cumberland TOGETHER with all and singular the improvements. ways, streets. alleys, passages, waters, watercourses, rights. liberties, privileges, hereditaments, and appurtelUlllCCS whatsoever thereunto belonging, or in any wise appertaining, and the reversion and remainders, rents. issues. and profits 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 HA VB AND TO HOLD the said lot or piece of ground above described with the hereditaments and appDrtenanees, unto the said Grantee and Grantee's heirs or suc<:essors and assigns. forever. Grantor covenants to warrant lUId defend all that herein above described against all persons lawful!t;ClaLljtiilk ~ to claim the same or any part thereof by, or under Grantor. ,..,., IT) g 0:1 OJ .::c:;:"JIm ~ ~o;u N zf1l-l o:Q:-o :D CON ::3 0.....- ~ S~~ ~ ~ rTI r- Co.) -oCT: I' (f)::O -.J -, eScan Copy 02/25/05 06:01:13 PH ~oo~ 261 PAGE3300 Ge~t'raled.by PDFKIt.NIi:T Ent\lation , Doc ID No.OO032431840200SN VAttl0l070018317 IN )VITNESS WHEREOF, Grantor on the day and year first above written has caused this instrument to be ~i~ and sealed on Grantor's behalf by the undersigned, being thereunto duly appointed, qualified and acting pursuant to Title 38, United States Code, Sections 212 and 1820, IInd TItle 38, Code of Federal Regulations, Section 36.4342 IInd 36.4520. pursuant thereto, as lUIlended, and who is authorized to execute this instrument. SEALED AND DELIVERED IN nm PRESENCE OF- The Secretary of Veterans Affairs "B~ <;' ~ RICHARD S'IRAYER [Seal] *~ J nJ(/~hO Muriel Terry ~~ Jacob Bass TItle: Authorized Officer * Countrywide Home Loans as Authorized Officers for Veterans Affairs Regional Office or Regional Office & Insurance Center f!ll.I.!6 P A Telephone (805)577-4800 STATE OF CALIFORNIA, ) )SS COUNTY OF VENTURA ) On this -.1fI...th day Df November,2003, before me. Dalia Vega, Notary Public, personally appeared, Richard Strayer. Personally known to me (or proven to me 00 the basis of sat:isfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his duly authorized capacity. and that by his signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. (Pursuant to a delegation of authority in VA Regualtions, 38 C.F.R., 36.4342 and 36.4520.) ~ Notary Public - Commission No. 1290241 Commission &pires: January 12.2005 I hereby certify that the precise residcJll:e of the within-named Grantee is: do Countrywide Home Loans. 1800 Taro Canvon Rd.. MSN SV-I03. Simi Vallev. CA 93063 .Prlnt, typewrite,.... ltouop names of ""01> party knmedIately beto.r eacla sIgnatun. /J k Send lax bDls to: ~:u ( f 'U<L. !..k..., '<.ll Countrywide Home Loans, M Anne Guerrero Attn: Andr.. Cannata 1757 Tapo Canyon Road MSN SV-34 . Simi Valley, CA 93063 J - - - - - -D~- ~A - - I ~~ Cllinmlsslon"129024\ ~ NoIay Public - CaIfcmIa _ Ven"'" Caunly 1_ _ _Mv_~.~~n,22;.~t eScan Copy 02/25/05 06:01:14 PH BOOK 261 PAGE3301 Ger<eraled,by PDFKil.NeT E-:plualion ., .'10. ., EXHIBIT "A" . LEGAL DESCRIPTION 000324318402005N DISTRICf: 006; CITY: CARLISLE BOROUGH; ASSESSOR'S MAP REFERENCE: MAP 1798 I Cert'fy III ~b this t() .1". r . erlan,-I . '. 'II, I..'d i: l . '. ' .-~~ .l?eco tUt./, vi' Deeds :i~&l~g~Sl~~~tfj~ "" 1;' M III .. ~ ~R-~ j'" __ J. .. ... ~"*' - .. I I I .. ~ ~...._ifi .....~~~.,,'" ~ ~.~:g~i~ ~i';:::la ~ n - a. t!:. ~ l... ~5.11~ ~ g "" l;'&> ~ - irJ' !!B r<l ;;;l ~ :<: one ....= ~ l!5 .. i.: ~. ... , '" r;:; ~~ ~ .... ...," ~ ~ ::.:51- ~.~ '" "!:l, eScan Copy 02/25/05 06;01;15 PM i: ... - it ~ ..... - ..... N~~ ..........Qil~;g ..... U\.... ... ~ aOOK. 261 ~AGE3302 ...... Q~N<:;>_l:.Ij'l:.l ,..... O~tuoogLtc...~:"'~~ co ...oc;.o O"'l:llO-.o .... \ ..... EXHIBIT "C" ACT 91 NOTICE (INSTALLMENT CONTRACT) TAKE ACTION DATE: April 21, 2005 TO SAVE YOUR HOME FROM EVICTION TO: Andrenna Shoenberger 414 North Pitt Street Carlisle, P A 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT TIlE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the Installment Contract on our home is in default and the lender intends to start eviction roceedin s. S ecific information about the nature of the default is rovided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helD to saYe your home. This Notice exolains how the Drogram works. To see ifHEMAP can helD. 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 hone number of Consumer Credit Counselin A encies servin OUf Count are listed at the end of this Notice. If ou have an uestions ou ma call the Penns lvania Housin Finance A ene toll free at 1-800-342-2397. Persons with im aired hearin can call 717 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTlFlCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCClON INMED/TAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A RED/MAR SU HIPOTECA. ST A TEM ENTS OF POLICY HOMEOWNER'S NAME(S): Andrenna Shoenberger PROPERTY ADDRESS: 414 North Pitt Street, Carlisle, PA 17013 LOAN ACCT. NO.: 32431840 ORIGINAL LENDER: Secretary of Veteran's Affairs CURRENT LENDER/SERVICER: Countrywide Home Loans, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE THAT WILL PREVENT TERMINATION OF YOUR CONTRACT FOR THE SALE OF REAL 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 MAYBE 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 tor thirty three (33) days from the date of this Notice. During that time you must arrange and attend a face-ta-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) DA YS. 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 DEF AUL T" EXPLAINS HOW TO BRING YOUR CONTRACT UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-Ifvou meet with one of the consumer credit counseling al!encies listed at the end of this notice the lender may NOT take action against YOU for thirty three 33 da s after the date of this meetin . The names addresses and tele hone numbers of desi nated consumer credit counseling ae:encies for the county in which the nrooertv is located are set forth at the end 9f this Notice. It is only necessary to schedule one face-ta-face meeting. Advise your lender immediatelv of your intentions. APPLICA nON 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 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 bc 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. r~~OTE: 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. (!fyou have filed bankruptcy you can still ap Iy for Emergency Mort a e Assistance.) HOW TO CURE YOUR CONTRACT DEFAULT (Bring it up to date). NAIJ)RE OF THE DEFAULT-The CONTRACT debt held by the above lender on your property located at: 414 North Pill Street, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY CONTRACT PAYMENTS for the following months and the following amounts are now past due: Start/End: 4/01/04 through 4/01/05 at 4 @ 474.44; 9 @ 481.69 per month. Monthly Payments Plus Late Charges Accrued NSF: Inspections: Other - Foreclosure Expenses: (Suspense): Total amount to cure default $6,477.91 $0.00 $155.50 $325.00 $0.00 $6,958.41 * See paragraph below headed "HOW TO CURE THE DEFAULT" B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot 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 $6,958.41, 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 infonn you before depositing the check for collection. For further infonnation, write the undersigned or call and ask for the Reinstatement Department. PaYments must be made either by cash. cashier's check certified check or monev order made vavable and sent to: PHELAN HALLINAN & SCHMIEG, L.L.P., One Penn Center at Suburb au Station, 1617 JFK Blvd., 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 letter. (Do not use if not apvlicable.) 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 ril2:hts 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 orooerty. IF THE CONTRACT IS TERMINATED- If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you wiJl have to pay all reasonable attorney's fees actually incurred by the lender even ifthcy 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 rCQuired to pay attorney's fees. OTHER LENDER REMEDlES- 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 may do so bv a in the total amount then ast due Ius an late or other char es then due reasonable attome 's fees and costs connected with the eviction and any other costs connected with the eviction as specified in writing by the lender and bv perfonninQ anv other requirements under the contract. Curing your delilUlt 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 find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Attorney Representing Lender: PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attention: Reinstatement Department EfFECT OF EVICTION-You should realize that an eviction will end your interest in the property and your right to occupy it. YOU MAY ALSO HAVE THE RIGHT: . TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE CONTRACT RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEF AUL T 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 iu writing within thirty (30) days from receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise the debt will be assnmed to be valid, Likewise, if requested within thirty (30) days from receipt of this letter, the firm will send you the name and address of the original creditor if different from above. V cry truly yours, PHELAN HALLINAN & SCHMIEG, L.L.P. fH/mas Cc: Countrywide Home Loans, Inc. Attn: Amelia Rios Account No.: 32431840 Mailed by 1" Class Mail and by Certified Mail No: 7005 0390 0003 2417 7369 ACT 91 NOTICE (INSTALLMENT CONTRACT) TAKE ACTION DATE: March 4, 2005 TO SAVE YOUR HOME FROM EVICTION TO: Derrick Rivera 4]4 North Pitt Street Carlisle, P A ] 70 13 Derrick Rivera 3000 Water Works Way Annville, P A ] 7003 THIS FlRM]S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTlCE]S SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HERE]N AND ANY ]NFORMATlON OBTAINED FROM YOU W]LL BE USED FOR THAT PURPOSE. ]F YOU HAVE PREV]OUSL Y RECEIVED A DlSCHARGE]N BANKRUPTCY, THIS CORRESPONDENCE]S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGA]NST PROPERTY. This is an official notice that the Installment Contract on your home is in default and the lender intends to start eviction proceedings. Snecific information about the nature of the default is orovided in the attached ~ The HOMEOWNER'S MORTGAGE ASS]ST ANCE PROGRAM (HEMAP) mav be able to help to save Your home. This Notice explains how the OfOQ:ram works. To see ifHEMAP can help. vou must MEET W]TH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counselin2: Agency. The name. address and phone number of Consumer Credit Counselinl2: Aeencies serving your County are listed at the end of this Notice. Ifvou have any questions. YOU may call the Pennsylvania Housing Finance Agencv toll free at ]-800-342-2397. (Persons with impaired hearing can call (7] 7) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTlF]CAC]ON EN ADJUNTO ES DE SUMA ]MPORTANC]A, PUES AFECTA SU DERECHO A CONTlNUAR V]V]ENDO EN SU CASA. Sl NO COMPRENDE EL CONTENIDO DE EST A NOT]F]CACION OBTENGA UNA TRADUCC]ON INMEDlT AMENTE LLAMANDO EST A AGENC]A (PENNSYL V AN]A HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENC]ONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAM A LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASS]ST ANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CAS A DE LA FERDIDA DEL DERECHO A REDlMAR SU H1POTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Derrick Rivera PROPERTY ADDRESS: 414 North Pitt Street, Carlisle, PA 17013 LOAN ACCT. NO.: 32431840 ORIGINAL LENDER: Secretary of Veterans Affairs CURRENT LENDERlSERVICER: Countrywide Home Loans, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE THAT WILL PREVENT TERMINATION OF YOUR CONTRACT FOR THE SALE OF REAL EST ATE PENNSYLVANIA (HEREINAFTER CALLED "CONTRACT") FROM EVICTION AND HELP YOU MAKE FUTURE INSTALLMENT PAYMENTS IF YOU COMPLY WlTH 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-la-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 DAn. 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 vou meet with one of the consumer credit counseline agencies listed at the end of this notice the lender may NOT take action against vou for thirty three(3) davs after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counselinl! agencies for the county in which the orovertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-la-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR CONTRACT ASSIST ANCE- Y our contract is in a default for tlte reasons set forth later in this Notice (see following pages for specific information about tlte nature of your defaulL) 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 MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y 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 ou have filed bankeu te ou can still a I for Emer eney Mort a e Assistance.) HOW TO CURE YOUR CONTRACT DEFAULT (Bring it up to date). NATURE OF THE DEF AUL T-The CONTRACT debt held by the above lender on your property located at: 414 North Pitt Street, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY CONTRACT PAYMENTS for the following months and the following amounts are now past due: Start/End: 4/01/04 through 3/01/05 at 4 @ 474.44: 8 @ 481.69 per month. Monthly Payments Plus Late Charges Accrued NSF: Inspections: Other ~ Foreclosure Expenses: (Suspense): Total amount to cure default $5,996.22 $0.00 $144.00 $325.00 $0.00 $6,465.22* See paragraph below headed "HOW TO CURE THE DEFAULT" B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot 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 $6,465.22, 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. Payments must be made either bv cash. cashier's check. certified check or monev order made payable and sent to: PHELAN HALLINAN & SCHMIEG, L.L.P., One Penn Center at Suburban Station, 1617 JFK Blvd., Suite 1400, Philadelphia, PA 19103-1814. You can cure any other default by taking the following action within THIRTY THREE (33) DAYS from the date of this letter. (Do not use if not applicable.) N/ A. IF YOU DO NOT CURE THE DEF AULT-Ifyou do not cure the default within THIRTY THREE(33) DAYS from the date of this Notice, the lender intends to exercise its ril!hts 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 TERMINA TED- 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, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actuaHy 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. Ifvou cure the default within the THIRTY THREE (33) DAY period. vou will not be reQuired to Day 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 TIURTY THREE (33) DAY period and eviction proceedings have begun, vou still have the right to cure the default and revent the eviction at an time u to one hour before the eviction. You ma do so b a in the total amount then ast due Ius an late or other char es then due reasonable attome 's fees and costs connected with the eviction and any other costs connected with the eviction as soecified in writing bv the lender and b erfonnin an other re uirements under the contract. Curing your default in the manner set forth in this notice will restore your contract to the same position as if you had never defaulted, EARLIEST POSSIBLE EVICTION DATE-It is estimated that the earliest date that such eviction from the property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the eviction will be sent to you. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Attorney Representing Lender: PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attention: Reinstatement Department EFFECT OF EVICTION-You should realize that an eviction will end your interest in the property and your right to occupy it. YOU MAY ALSO HAVE THE RIGHT: . TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE CONTRACT RESTORED TO THE SAME POSITION AS IF NO DEF AUL T 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 DEF AUL T IN ANY EVICTION PROCEEDING OR ANY OTHER LA WSU]T INSTITUTED UNDER THE CONTRACT DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS A TT ACHED - If this is the first notice that yon have received from this office, be advised that: you may dispute the Va!idity of the debt or any portion thereof. If you do so in writing within thirty (30) days from receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise the debt will be assumed to be valid, Likewise, if requested within thirty (30) days from receipt of this letter, the firm will send you the name and address of the original creditor if different from above. Mailed by 1" Class Mail and by Certified Mail No: 70033110000468506314/6321 Account No,: 32431840 Very truly yours, FH/mas PHELAN HALLINAN & SCHMIEG, L.L.P. Cc: Countrywide Home Loans, Inc. Altn: Amelia Rios -. SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-02784 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RIVERA DERRICK ET AL R. Thomas Kline Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: RIVERA DERRICK but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT NOT SERVED , as to the within named DEFENDANT , RIVERA DERRICK 414 NORTH PITT STREET CARLISLE, PA 17013 DOGS TIED AT BOTH DOORS. WHEN HOT DOGS ARE INSIDE AND NO ONE WILL ANSWER DOOR. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.70 .00 10.00 .00 31.70 So an~:-->> /__~_c_>~// ~ /_~ '~'~~.'.-"'" ------:;." 7~rC ~_c--'-- /../ R. Thomas Kline /' Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 06/21/2005 Sworn and subscribed to before me day of ~ this ~l~ / .).(JaS '. A.D. . \~h~ 0. /t1Jofl~." ~. Prothonotary SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-02784 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RIVERA DERRICK ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: SHOENBERGER ANDREANNA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT NOT SERVED , as to the within named DEFENDANT , SHOENBERGER ANDREANNA 414 NORTH PITT STREET CARLISLE, PA 17013 DOGS ARE TIED AT BOTH DOORS. WHEN HOT, DOGS ARE INSIDE AND NO ONE WILL ANSWER DOOR. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So answers,-- // .:./".(.~/;-.-;;:::-/ . -~~":2.:.:.-:- - "'---;"';To ~~ -----z:.~'. / LR. Thomas Kline Sheriff of Cumberland County ,.." PHELAN HALLINAN SCHMIEG 06/21/2005 Sworn and subscribed to before me this ;n e day of l~ " ~dV ~ ().;~'Q. fJA~N,. >/AP; Prothonotary PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center at Suburban Station 1617 JFK Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-2 without recourse Except as Provided in a Pooling and Servicing Agreement dated October 1,2003-2 without recourse \xcept as Provided in a Loan Sale Agreement dated October I, 2003 Court of Common Pleas Plaintiff Civil Division vs. NO. 05-2784- Civil Derrick Rivera and Andreanna Shoenberger Or occupants Cumberland County Defendants PRAECIPE TO REINSTATE CIVIL ACTIONIEJECTMENT TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Ejectment with reference to the above captioned matter. 777~7YlCil~ Michele M. Bradford, Esquire Attorney for Plaintiff Date: TlIn~ 10 700'i ~ ~. ~ z;; <- ~ \ .,... ~ ~~ :]\\P. 66 =?"~ C).-:o- ').,:R, 9. ~ u:> :-<: u:> --0 -;;;; N .' Phelan, Hallinan & Schmieg BY: MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center @ Suburban Station - Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee for Vendee Mortgage Trust 2003-2 without recourse except as provided in a Pooling and Servicing Agreement dated October 1, 2003-2 without recourse except as provided in a loan sale agreement dated October Court of Common Pleas Civil Division Cumberland County vs. Derrick Rivera, Andreanna Shoenberger and/or occupant 414 North Pitt Street Carlisle, P A 17013 No. 05-2:784 Civil Action in Ejectment MOTION FOR SERVICE PURSUANT TO SPECIAl, ORDER OF COURT Plaintiff, by its counsel, Michele M. Bradford, Esquire moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant( s) by certified mail and regular mail, and in support thereof avers as fo1\ows: 1. Plaintiff commenced this action by filing a Complaint in Ejectment. 2. Attempts to serve Defendant(s) with the Complaint have been unsuccessful. Plaintiff attempted to serve the Defendant(s) on June 21, 2005, as indicated by the Affidavit of Service attached hereto as Exhibit A. 3. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results from there are attached hereto as Exhibit B. 4. Plaintiff submits that is has made a good faith effort to locate the Defendant(s}, but has been unable to do so. 5. Plaintiff verified through property inspection on August 17, 2005 that the property was occupied by an unknown person. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail and posting of the premises. DATE: August 22. 2005 7?7~ 7?/GAO<:XLP Michele M. Bradford, Esquire Attorney for Plaintiff SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-02784 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VB RIVERA DERRICK ET AL R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: RIVERA DERRICK but was unable to locate Him in his bailiwick. He the:~efore returns the COMPLAINT - EJECTMENT NOT SERVED , as to the within named DEFENDANT , RIVERA DERRICK 414 NORTH PITT STREET CARLISLE, PA 17023 DOGS TIED AT BOTH DOORS. WHEN HOT DOGS ARE INSIDE AND NO ONE WILL ANSWER DOOR. sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.70 .00 10.00 .00 31. 70 So ~ swers;,.,.. ..-0.=. cc=""~ . ---=~ ",--, ~ -- < =-- --=- - ~ /.-e:::----'-:---~ ' R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 06/21/2005 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-02784 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RIVERA DERRICK ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: SHOENBERGER ANDREANNA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT NOT SERVED , as to the within named DEFENDANT , SHOENBERGER ANDREANNA 414 NORTH PITT STREET CARLISLE, PA 17013 DOGS ARE TIED AT BOTH DOORS. WHEN HOT, DOGS A:lE INSIDE AND NO ONE WILL ANSWER DOOR. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So ~:~ . ~.'.-:;:;/ /'~ -,..~~ R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 06/21/2005 Sworn and subscribed to before me this day of A.D. Prothonotary REASONABLE INVESTIGATION AFFIDAVIT OF GOOD FAITH EFFORT INVESTIGATION LOAN NUMBER: 32431840 ATTORNEY FIRM FEDERMAN AND PHELAN CASE NUMBER: 05-2784 SUBJECT: Derrick Rivera or occupants or occupants LAST KNOWN ADDRESS: 414 North Pitt Street, Carlisle, PA 17013 LAST KNOWN NUMBER: nla I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER: 170-66-9579 B. EMPLOYMENT SEARCH C. INQUlREY OF CREDITORS: Unable to tocate good employer for subject II. INQUIRY OF TELEPHONE COMPANY A. The directory assistance has Directory Assistance lists the property address with a phone number afn/a. III. INQUIRY OF NEIGHBORS 1. Contacted Edwin M. Pabon at 412 N. Pitt Street, Carlisle, PA (717) 249-6283 , who confirmed that the property remains occupied at this time. 2. Contacted Loretta Morrow at at 421 N. Pitt Street, Carli"le, P A (717)-243-3866, who confirmed seeing recent activity at the premises. IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE: As of August 23, 2005, the National Change of Address (NCOA) has no change for subject from last known address. V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE AND DMV OFFICE No Motor Vehicle Registration is available for subject. VI. OTHER INQUIRIES A. DEATH RECORDS As of August 23, 2005, the Social Security Administration has no death record on fde for subject. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC) None Found C. COUNTY VOTER REGISTRATION N/a D. PROPERTY INSPECTION The subject premises was inspected onAugust 17, 2005, and c/lnfirmed the subject premises remains occupied. VII. ADDITIONAL INFORMATION ON SUBJECT ~~ Ii' h M. rdellis Seal: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL TORI.LYNN PHELAN, Notary Public CUy of Philadelphia, Phila. County My Commrssron Expires December 10, 2007 Phelan, Hallinan & Schmieg BY: MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center @ Suburban Station - Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee for Vendee Mortgage Trust 2003-2 without recourse except as provided in a Pooling and Servicing Agreement dated October 1, 2003-2 without recourse except as provided in a loan sale agreement dated October Court of Common Pleas Civil Division CumbeJr/and County vs. Derrick Rivera, Andreanna Shoenberger and/or occupant 414 North Pitt Street Carlisle, PA 17013 No. 05-2784 Civil Action in Ejectment MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Pennsylvania Rule of Civil Procedure 430(a) specifically provides: If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Although Plaintiff has attempted to serve Defendant(s) with the Complaint, Plaintiffs attempts have been unsuccessful. A true and correct copy ofthe Affidavit of No Service is attached hereto, made part hereof, and markt!d Exhibit A. Accordingly, Plaintiff ordered an investigation into the whereabouts of Defendant(s). A true and correct copy of the Affidavit of Reasonable Investigation is attached hereto, make part hereof, and marked Exhibit B. Thl~ Affidavit reflects that Plaintiffs investigator has make at least three types of inquiries listed under Rule 403.1 (B)(1). Copies of any written responses obtained are attached to the Affidavit. The Affidavit also specifies the inquiries made, responses made, and dates thereof, in accordance with Rule 430. I (B)(2). As Plaintiffs within motion and its affidavit are both in compliance with the applicable Pennsylvania and local rules, Plaintiff respectfully requests that its motion be granted. WHEREFORE, Plaintiff respectfully requests permission to serve the Complaint by certified mail and regular mail and posting of the premises. Respectfully submitted: DATE: August 22, 2005 '7}//~ 777.c:r:5~p Michele M. Bradford, Esquire Attomey for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. DATE: August 22. 2005 7'i7.-6CX 7;4 <:g ~-P Michele M. Bradford, Esquire Attorney for Pl.aintiff Phelan, Hallinan & Schmieg BY: MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center @ Suburban Station - Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Company as Trustee for Vendee Mortgage Trust 2003-2 without recourse except as provided in a Pooling and Servicing Agreement dated October 1, 2003-2 without recourse except as provided in a loan sale agreement dated October Court of Common Pleas Civil DIvision Cumberland County vs. Derrick Rivera, Andreanna Shoenberger and/or occupant 414 North Pitt Street Carlisle, PA 17013 No. 05-2784 Civil Action in Ejectment CERTIFICATION OF SERVICE I hereby certify that a true and correct copy ofthe Motion for Service Pursuant to Special Order was served by first class mail on the Defendant (s) on the date listed below: Occupant 414 North Pitt Street Carlisle, P A 17013 DATE: August 22. 2005 /77~~~~ Michele M. Bradford, Esquire Attorney for Plaintiff (') ;-; , , is -< ,..., ~ C-:;') It], > i":- C-) ", 0) ~ ~ fi1 :lJ r' -orn -.C r~) (-'~ . ~:~j () "\' ., ,-,",".tl -..if') (jrn :;~i ~-D ~< -0 ::.1: (;,'? (),) -\ Deutsche Bank National Trust Company as Trustee for Vendee Mortgage Trust 2003-2 without recourse except as provided in a Pooling and Servicing Agreement dated October 1, 2003-2 without recourse except as provided in a loan sale agreement dated October RECE:','E:) hUG 28 2005f" Court of Common Pleas Civil Division Cumberland County vs. Derrick Rivera, Andreanna Shoenberger and/or occupant 414 North Pitt Street Carlisle, P A 17013 No. 05-2784 Civil Action in Ejectment ORDER It is order this 2 'j" day of /ivy....,; ,2005, that Plaintiffs Motion for Service of Complaint Pursuant to Special Order of Court is GRANTED, permitting service by: .x First Class and Certified Mail to occupant at the property which is subject to this Ejectment Action*' Service by first class and certified mail is effective upon the date of mailing. -X- Posting of the property which is subject to this Ejectment Action* * the property at 414 North Pitt Street, Carlisle, P A 17013 . ~r;O~;;Jl / J. :-1 ~\ fX: r'. f0:).. p . UJ"~') f'f ~~~: ,~)r.::- '"r ( , \ ~~~ ;::: u.. .0 1. I tn -"" (i. o ,.') '" :s "'" .,n = = ."-' - Phelan Hallinan & Schmeig, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center at Suburban Station 1617 JFK Boulevard Philadelphia, PA 19103.1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National trust Company, As Trustee For Vandee Mortgage Trust 2003,2 Without Recourse Except As provided In a Pooling And Servicing Agreement Dated October 1, 2003,2 Without Recourse Except As Provided in a Pooling And Servicing Agreement Dated October 1, 2003 Plaintiff Court of Common Pleas Civil Division vs. NO. 05'2784-Civil Term Derrick Rivera Andreanna Shoenberger And/Or Occupants Cumberland County Defendants PRAECIPE TO REINSTATE CML ACTIONIEJECTMENT TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Ejectment with reference to the above captioned matter. 7/J--td7Jt~ Michele M. Bradford, Esquire Attorney for Plaintiff Date: September 7,2005 r<' c.~.:.} C:-:> 01 (~) ""1 I CD ~..:' (-"~ ...D PHELAN HALLINAN & SCHMIEG, LLP. BY: Michele M. Bradford, Esquire !.D. #69849 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 A TIORNEY FOR PLAINTIFF Deutsche Bank National Trust Company, as Trustee for Vandee Mortgage Trust 2003-2 without recourse except as provided in a pooling and serving agreement dated as of October 1, 2003-2 without recourse except as provided in a pooling and servicing agreement dated October 1, 2003 : Court of Common Pleas : Civil Division V. Derrick Rivera, Andreanna Shoenberger And/ or occupants : Cumberland County : No. 05-2784- Civil A FFIDA VIT OF <;FRVIrF VI A RFr.I JI A R 1& rFRTTFTFD MAn I hereby certify that a true and correct copy of the Complaint in Ejectment in the above captioned matter was sent by Regular and certified Mail, return receipt requested, to the Following person(s) n{'('l1r::lnf::lt 414 North P-itt ~tTpPf:. l:uITRlp. P A. 1701~ on :';pptpmhPT 14.. 2005...Jn accordance with the Order of Court dated AllgJl.t?'l, ?nne; . The undersigned understands that this is subject to the Penalties of 18 Pa. c.s. See. 4904 relating to unsworn Falsification to authorities. /}J--<d 7?fG?~ Michele M. Bradford, Esquire Attorney for Plaintiff Date: C;prtpmhPT 1 A.. ?nne; 0 ....., ~ = 0 = <J' -n "I en ::r " rn '""0 m:D 1..0 ~~ -<:l ''2f - --rl J:. C)- 2:0 Z ~ om -" U1 'j;! -< :;0 en -< SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02784 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RIVERA DERRICK ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RIVERA DERRICK but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LEBANON County, Pennsylvania, to serve the within COMPLAINT - EJECTMENT On July 27th , 2005 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing Out of County Surcharge Dep Lebanon County Postage 18.00 9.00 10.00 61. 50 .37 98.87 07/27/2005 PHELAN HALLINAN So ans~ .../--: .' /--,.,- ). .' ..' ...<',' t~r?f~~~'and County SCHMIEG Sworn and subscribed to before me this !?TII day of lfuGLI..s:1' JDo~- A~ {fo ~o ary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02784 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RIVERA DERRICK ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHOENBERGER ANDREANNA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LEBANON County, Pennsylvania, to serve the within COMPLAINT - EJECTMENT On July 27th , 2005 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/27/2005 PHELAN HALLINAN So answer&-: -y<--~~~ / O'.. ../ {/...( ( R. Thomas Kline Sheriff of Cumberland County SCHMIEG Sworn and subscribed to before me this It711 day of At./.??tl5I ,20IJ 5 A.D.~ 1~ r:~O'h . ~ y1 SHERIFF'S RETURN ~ OUT OF COUNTY CASE NO: 2005-02784 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RIVERA DERRICK ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RIVERA DERRICK but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LEBANON County, pennsylvania, to serve the within COMPLAINT - EJECTMENT On July 27th , 2005 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/27/2005 PHELAN HALLINAN So answer~:.. "' ~,::.~<.~?'>,,/ R. Thomas ltn~e Sheriff of Cumberland County SCHMIEG Sworn and subscribed to before me this IFfll day of !J(yfJ{f.5i Rpv5 d~~ (' not y SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02784 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RIVERA DERRICK ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHOENBERGER ANDREANNA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LEBANON County, Pennsylvania, to serve the within COMPLAINT - EJECTMENT On July 27th , 2005 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/27/2005 PHELAN HALLINAN So answe:t:g,..=.,. .' ..' . ~?'-:....'_~~':/e-?':.. ~?""-_ __~:s~~"--,, ~'-~---- R'. Thomas Kline Sheriff of Cumberland County SCHMIEG Sworn and subscribed to before me this I?-r# day of /JVb(JST /JOD." A.D~... ~fl;~;p In The Court of Common Pleas of Cumberland County, Pennsylvania Deutsche Bank National Trust CQnpany VS. Derrick Rivera et al SERVE: Andreanna Shoenberger No. 05-2784 civil Now, July 6, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~~~ Sheriff of Cumberland County, PA Mfidavit of Service Now, ,20 ,at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, P A Swom and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ In The Court of Common Pleas of Cumberland County, Pennsylvania Deutsche Bank National Trust cnupany VS. Derrick Rivera et al SERVE: Derrick Rivera No. 05-2784 civil Now, July 6, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r'"~~~~ Sheriff of Curnberland County, PA Affidavit of Service ,20_, at 0' clock M. served the Now, within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, P A 20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this _ day of $ R. THOMAS KLINE Shariff EDWARD L SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy TO: Hon. Michael DeLeo Lebanon County Sheriff Deutsche 'Bank National Tnlst Canpany VS De=ick Rivera et al 05-2784 civil! RE: . ~ar Sheriff: Enclosed please find Notice and Canplaint for Ejectment, .reinstated to be served upon 1. De=ick Rivera 2. h""l.Eil::caFiRa CflocFlbcr~r 802 Cornwall Road 1st Floor Lebanon, PA, 17042 in your County. Kindly make service thereof and send us your return of service. Very truly yours, ~~~J' R. Thomas Kline, Sheriff Cumberland County, Pennsylvania -Enclosures: R. THOMAS KLINE Shariff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy TO: Hon. Michael DeLeo Lebanon County Sheriff Deutsche Bank National Trust Canpany VS Derrick Rivera et al 05-2784 civH RE: ~ar Sheriff: Enclosed please fmd Notice and Canpla:int for Ejectment. re:instated to be served upon 1. Derrick Rivera 2. ~~dfc~n~ Cflecflbcr~r 3000 Waterworks Way Annville. PA 17003 in your County. Kindly make service thereof and send us your return of service. Very truly yours, r~~' R. Thomas Kline, Sheriff Cumberland County, Pennsylvania -Enclosures: REINSTATED EJECTMENT COMPLAINT No.05-2784-Civil Lebanon PA, July 20, 2005 Cumberland County Sheriffs Office One Courthouse Square Carlisle, P A 17013 DEUTSCHE BANK NATIONAL TRUST COMP ANY, AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2003-2 Michele M. Bradford, Esquire PHELAN, HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 JFK Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Vs. Docket Page 22350 DERRICK RIVERA and ANDREANNA SHOENBERGER COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF LEBANON ) Deborah A. Miller, Chief Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within REINSTATED EJECTMENT COMPLAINT upon DERRICK RIVERA AND ANDREANNA SHOENBERGER (Now Known As ANDREANN RIVERA), the within named Defendants, by handing to each of them personally a true and attested copy on July 14,2005 at 10:10 o'clock A.M., at the Lebanon County Sheriffs Office, 400 South 8th Street, Room 3, Lebanon (City), Lebanon County, Pennsylvania, and by making known to each of them the contents of the same. Sworn to and subscribed before me '111 M.If1-nr; -1? MIMr Notary Public SO ANSWERS, ;'i:..1./!j/~ #- hu:<l.t.- (1jjl) DEPUTY SHERIFF 41(~bli.r-t@) SHERIFF this 20th day of July, A.D., 2005 NOTARIAL SEAL Maryann RuJrow, Notary !'uhlir Cit)' of Lebanon. Lebanon COlll!ty My CommlSSion ExpIres July 23. 2005 SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced costs, Pd. Check #437036, Receipt #55339 Costs incurred: Refund, Check #17432 Amount $ 200.00 Amount $ 61.50 Amount $ 138.50 All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. _Sec. 2, Act of June 20,1911, P.L. 1072 SHERIFF'S RETURN - REGULAR CASE NO: 2005-02784 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS RIVERA DERRICK ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon RIVERA DERRICK the DEFENDANT , at 2042:00 HOURS, on the 9th day of September, 2005 at 414 NORTH PITT STREET CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 414 NORTH PITT STREET CARLISLE a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 18.00 4.00 6.00 10.00 .00 38.00 ;:-','!,c'-' /~> .,,/:-0 / ,;~...A' ,-- <l ..- Kline 09/13/2005 PHELAN HALLINAN Sheriff Sworn and Subscribed to before By: me this of A.D. , PHELAN HALLINAN & SCHMIEG By: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust Company as trustee for Vendee Mortgage Trust 2003-2 without recourse except as provided in a Pooling and Servicing Agreement dated October 1,2003-2 without recourse except as provided in a Loan sale Agreement dated October I, COURT OF COMMON PLEAS CNIL DNISION vs Derrick Rivera Andreanna Shoenberger and/or occupant 414 North Pitt Street Carlisle, P A 17013 No. 05-2784 Cumberland County PRARCTPR FOR .rrmr.MRNT TN IUFCTMFNT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Deutsche Bank National Trust Company as trustee for Vendee Mortgage Trust 2003-2 without recourse except as provided in a Pooling and Servicing Agreement dated October I, 2003-2 without recourse except as provided in a Loan sale Agreement dated October I, and against the Defendant(s) Derrick Rivera and Andreanna Shoenberger and/or occupant for possession of premises 414 North Pitt Street, Carlisle, PA 17013 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 Plaintiffs 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. 7J/4/C-Ln1.~ Michele M. Bradford, Esquire Attorney for Plaiutiff Default Judgment entered as indicated above. DATE PHELAN HALLINAN & SCHMIEG, LLP. Michele M. Bradford, Esquire ID# 69849 One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust Company as Trustee for Vendee Mortgage Trust 2003-2 Without recourse except as provided in a Pooling And servicing agreement dated October I, 2003-2 Without recourse except as provided in a loan sale Agreement dated October I, 2003 COURT OF COMMON PLEAS CNIL DNISION vs Derrick Rivera Andreanna Shoenberger and/or occupant No. 05-2784 Civil Cumberland County TO: Derrick Rivera 802 Cornwall Road, 1'1 Floor Lebanon, PA 17042 DATE OF NOTICE: AlIgJl<t 10, 200<; **This firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. ** TMPORTANTNOTTCR 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 office to find out where you can get legal help: CUMBERLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 4TH FLOOR CARLISLE,PA 17013 (717) 240-6200 77J4d 7n~ Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP. Michele M. Bradford, Esquire ID# 69849 One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 ATTORNEYFORPLAThIT~F Deutsche Bank National Trust Company as Trustee for Vendee Mortgage Trust 2003-2 Without recourse except as provided in a Pooling And servicing agreement dated October 1,2003-2 Without recourse except as provided in a loan sale Agreement dated October 1,2003 COURT OF COMMON PLEAS CIVIL DIVISION vs Derrick Rivera Andreanna Shoenberger and/or occupant No. 05-2784 Civil Cumberland County TO: Andreanna Shoenberger 802 Cornwall Road, 1" Floor Lebanon, PAl 7042 DATE OF NOTICE: AllglJ<t 10, 2005 "''''This firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. ** IMPORT ANT NOTTeR 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 office to find out where you can get legal help: CUMBERLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 4TH FLOOR CARLISLE, P A 17013 (717) 240-6200 7rl~a0~ Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG Francis S. Hallinan, Esquire ID# 62695 One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTJFF Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-2 Without recourse except as provided in a Pooling and serv1cing agreement dated as of October 1, 2003-2 without recourse except as Provided in a pooling and servicing agreement Dated October I, 2003. COURT OF COMMON PLEAS CIVIL DIVISION vs Derrick Rivera, Andreanna Shoenberger And/or occupant No. 05-2784 Civil Cumberland County TO: Occupant 414 North Pitt Street Carlisle, P A 17013 DATE OF NOTICE: Octoher 5, 2005 **This firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. ** TMPORTANTNOTICR 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 office to fmd out where you can get legal help: CUMBERLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 ~'s::,L/~ rancis S. Hallinan, Esquire Attorney for Plaintiff '. PHELAN HALLINAN & SCHMIEG By: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust Company as trustee for Vendee Mortgage Trust 2003-2 without recourse except as provided in a Pooling and Servicing Agreement dated October I, 2003-2 without recourse except as provided in a Loan sale Agreement dated October I, 2003 COURT OF COMMON PLEAS CIVIL DIVISION vs Derrick Rivera Andreanna Shoenberger and! or occupant 414 North Pitt Street Carlisle, PA \7013 No. 05-2784 Cumberland County VRRTFWA nON OF NON-MTT.IT A RV SFRVWR Francis S. Hallinan, 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 defendant occupants, is over 18 years of age, and resides at 414 North Pitt Street, Carlisle, PA \7013 . (c) That defendant Derrick Rivera, is over 18 years of age, and resides at 802 Conrwall Road, I" Floor, Lebanon, P A, 17042 (d) That defendant Andreanna Shoenberger, is over 18 years of age, and resides at 802, Co.rnwall Road, I" Floor, Lebanon, P A 17042 This statement is made subject to the penalties of 18 P A. C.S.S 4904 relating to unsworn falsification to authorities. /YJACL m S~ Michele M. Bradford, Esquire Attorney for Plaintiff ...Jc.,. P ...0 (::p 7'-~ 0 ~t- ~ -- _ -t p..:.- r ~ ~ 1: ) - w -+- ~ \) .--0 --L. ff' ~ ~..., ," C", .-< -", t.....' CJ ;: ~] .~ <..' 10;25;2005 12:35 FAX 2155634491 FEDERMA~ A~D PHELA~ I4J 002 PRAEClPij FOR WRIT OF POSSESS10N COMMONWEALTH OF PENNSYL VANIA COUNTY OF Cumberland Deutsche Bank National Trust Company as trustee for Vendee Mortgage Trust 2003-2 without recourse except as provided in a Pooling and Servicing Agreement dated October I, 2003-2 without recourse except as provided in a Loan sale Agreement dated October I, COURT OF COMMON PLEAS CIVIL DIVISION vs Derrick Rivera Andreanna Shoenberger and/or occupant 414 North Pitt Street Carlisle, P A 17013 No. 05-2784 Cumberland County PRAEGPE FOR WRIT OF POSSESSION TO THE PROrnONOTARY: Issue Writ of Possession in the above matter for possession of: 414 North Pitt Street, Carlisle, PA 17013 **PLEASE SEE TIlE ATTACHED LEGAL DESCRIPTION"'.. Being Known as No. 414 North Pitt Street 7n..<<JO?1r9~ Michele M. Bradford, Esquire ATTORNEYFORP~~ ',:""".. :~... ,~. t" i P, ' 'r"'.'F.::'~ \~~~~~~~ ~-'~/'.-~'. ~:~, """):.,,," ..,..... c ~ 7ft\~ :--- ~ ~ ~ ~ f\)~G' ~ - cr t.- kf t w <rtw----_"'O-C>J~ ;:,:-O~ ~?' ~ f' ~ f' -:- Y\ oOV\ cO ot? ~O-<l;) "-3cC' OC C' C? "'-JO c; \) , 1 \ I I I I I I G:l:tJ _ _ _, ,_ ::- I) f::L~ .. .... .... .. '::::. ~ -..... (/\ r-- - -- ~~~, "it.? :r.f ~ ~C) .~ U- ~.J ~ f0 1:: ,3 _I) +- t \4 ~ L ~ \1 B i\ r pr ~ -!1 ~ ~ j~ . , . 10r2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) DEUTSCHE BANK NATIONAL IN THE COURT OF COMMON PLEAS OF TRUST CO AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2003-2 WITHOUT RECOURSE CUMBERLAND COUNTY, PENNSYLVANIA EXCEPT AS PROVEDED IN A POOLING AND SERVICING AGREEMENT DATED OCTOBER I. 2003-2 WITHOUT RECOURSE EXCEPT AS PROVIDED IN A LOAN SALE AGREEMENT DATED OCTOBER 1. 2003 DERRICK RIVERA ANDRENNASHOENBERGER AND OR OCCUPANT 414 NORTH PITT STREET CARLISLE. PA 17013 Att'y Pl'ff(s Prothy _ No. 05-2784 Civil Term Costs $ 314.57 $ $ 1.00 VS. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2003-2 WITHOUT RECOURSE EXCEPT AS PROVIDED IN A POOLING AND SERVICING AGREEMENT DATED OCTOBER 1. 2003-2 WITHOUT RECOURSE EXCEPT AS PROVIDED IN A LOAN SALE AGREEMENT DATED OCTOBER 1. 2003 _being: (Premises as follows): 414 NORTH PITT STREET CARLISLE, PA 17013 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION** (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Date OCTOBER 20. 2005 (Seal) By: Deputy ~' ... 20f2 No05-2784 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2003-2 WITHOUT RECOURSE EXCEPT AS PROVIDED IN A POOLING AND SERVICING AGREEMENT DATED OCTOBER 1, 2003-2 WITHOUR RECOURSE EXCEPT AS PROVIDED IN A LOAN SALE AGREEMENT DATED OCTOBER 1, 2003 VS. DERRICK RIVERA ANDREANNA SHOENBERGER AND/OR OCCUPANT 414 NORTH PITT STREET CARLISLE, PA 17013 WRIT OF POSSESSION P.R.CP. 3160-3165 ETC. Costs Att'y Plff (s} Prothy Sheri ff $ 314.57 $ $ 1.00 $ Plaintiff (s) attorney name and address: MICHELE M. BRADFORD, ESQUIRE ONE PENN CENTER PLAZA - SUITE 1400 PHILADELPHIA, PA 19103 215-563-7000 LD.# 69849 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the _ day of , . I caused the within named , to have possession of the premises described with the appurtenances, and So Answers, Sworn and subscribed to before me this '. Day of Prothonotary By Sheriff Deputy . Ill!SCIW'Tl'ON ALL TBAT CEJrr^IN tnIct ..r IonId. fllFbcrwidl tllcJm,.,.v,",_,1h .1~crcc:tl:d,_I'I""fl1liI . W8J1I <of die ~ah of CirJi31e. CIImberllDld CoaD\Y. ,."..,"'ani... bclutIdc6 IInd dosa!bcd II fell""'" . ON",","onlIbjr~fi:lrmcrIy'" Tdo E. ~oad.....'" t.......ty af 000tJC Llok: "" \he 11"-" bjr ~ r~ wida N""" PilE '- "" the . SooUl bjr imII f<<fttedy or Gay 8ayd II1d ..... Vdvo S. Ltmuon ood_ ... (~ly of N........ C1"w;,"'. IlId OIIlhc West by ... .dIey. me M10VE iIeoa\boil ""'" ~f land _Ills 2. feel ;n ftolIt .....R . : dlc_ ....of~wido Nor1ll . Pll'l Strecl .... at..ds -.d1y Cl\a.6rtum __even ~..diltllK:c or 1150 f.... _......."'... ~ ~ IIId J.-1lItl'COII....:rtd. . 2 l/Z P<<'1 f1ImecIwdIinR Ilcluoe llIId j oce.~.wl~ds. Q.SlNa b1awrI . u 41~ NoIlIl Pier $....a, Cw1i!l<. . I'amoyl........ 1'101~ . BeINO mE SAME I'1lI!MlSSS ! WHICH 0cmIl. L. Illulor and 0...- . ",*ioa Husler by ~ dol.,! 10fZ11'T1 ood IOlXIIdo<l 1ft CIuuber. 10IId Cv<mty Oa:d boot 166 ""'" 931 ~ nd 008..,.... "'1<> S....M. H<>da& . TO B1! SOLD AS Tlflll'ROP- I!kTY OF SV~ M. HOETOER ON JUOOMIl1O' NO. 1001 5358. ~MOlL; DtiolJ2..1791l-;l.67. PlfI5LilN lfALLINAN & SCHMIEG, LLP By: Francis 5. Hallinan Esquire Atty. I.D. No.: 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2003-2 WITHOUT RESOURSE EXCEPT AS PROVIDED IN A POOLING AND SERVICING AGREEMENT DATED OCTOBER 1, 2003-2 WTHOUT RECOURSE EXCEPT AS PROVIDED IN A LOAN SALE AGREEMENT DATED OCTOBER 1, 2003 Plaintiff Court: of Common Pleas CUMBERLAND County No. 05-2784 vs. DERRICK RIVERA ANDREANNASHOENBERGER AND/OR OCCUPANTS Defendant( s) PRAECIPE TO WITHDRAW COMPLAINT, SATISFY JUDGMENT AND DISCONTINUE AND END ACTION, WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, satisfy the judgment and mark this case discontinued and ended, upon payment of your costs only. \ \\0\ ~~ Date \ ~~.t\\O~~ ~[allinan Attorney for Plaintiff PHS # 113355 " {::..: :","",') (:"::; <:.-;:::) () ~,"l -:;,;."""" C- ---! :~ .,;..:.... r;~) (..'1 c.;', Sheriff's Return: Docketing 18.00 Surcharge 30.00 Poundage 1. 78 Prothy 1.00 Possession 30.00 Milage 9.60 No05-2784 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2003-2 WITHOUT RECOURSE EXCEPT AS PROVIDED IN A POOLING AND SERVICING AGREEMENT DATED OCTOBER 1,2003-2 WITHOUR RECOURSE EXCEPT AS PROVIDED IN A LOAN SALE AGREEMENT DATED OCTOBER 1, 2003 VS. DERRICK RIVERA ANDREANNA SHOENBERGER AND/OR OCCUPANT 414 NORTH PITI' STREET CARLISLE, P A 17013 WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y Plff (s} Prothy Sheriff $ 314.57 $ $ 1.00 $ Plaintiff (s) attorney name and address: MICHELE M. BRADFORD, ESQUIRE ONE PENN CENTER PLAZA - SUITE 1400 PHILADELPHIA, PA 19103 215-563-7000 I.D.# 69849 Attorney for Plaintiff (s) Advance Costs: 150.00 Sheriff's Costs:90.38 59.62 Where papers may be served Refunded to Atty 12/8/05 TOT: 90.38 By virtue of this writ, on the _ day of , . I caused the within , to have possession of the premises described with the !.7rit of Posseccion rcturnccl STAYED t1,L:, JoLt peL aLty named appurtenances, and "" Sworn and subscribed to before me this .) 7 So Answers, Day of ~_ ,.;; tfO .( ~~ ~~e / C L Sheriff 13 - / BY. t<" r/~ L I -;LenJbalu ( Prothonotary Jt-D U<... ,,) ;.; ~ J~. /7:JJ:d loL2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) DEUTSCHE BANK NATIONAL IN THE COURT OF COMMON PLEAS OF TRUST CO AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2003-2 WITHOUT RECOURSE CUMBERLAND COUNTY, PENNSYLVANIA EXCEPT AS PROVEDED IN A POOLING AND SERVICING AGREEMENT DATED OCTOBER 1, 2003-2 WITHOUT RECOURSE EXCEPT AS PROVIDED IN A LOAN SALE AGREEMENT DATED OCTOBER 1, 2003 DERRICK RIVERA ANDRENNASHOENBERGER AND OR OCCUPANT 414 NORTH PITT STREET CARLISLE. PA 17013 All'y PI'ff(s Prothy _ No. 05-2784 Civil Tenn Costs $ 314.57 $ $ 1.00 VS. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2003-2 WITHOUT RECOURSE EXCEPT AS PROVIDED IN A POOLING AND SERVICING AGREEMENT DATED OCTOBER 1, 2003-2 WITHOUT RECOURSE EXCEPT AS PROVIDED IN A LOAN SALE AGREEMENT DATED OCTOBER 1,2003 _being: (Premises as follows): 414 NORTH PITT STREET CARLISLE, PA 17013 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION** (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. tofCumberJand County, PA Date OCTOBER 20, 2005 (Seal) By: Deputy