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HomeMy WebLinkAbout06-0329 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. !.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (71 ") S("-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 c/o Countrywide Home Loans, 1800 Tapo Canyon Road, MSN SV-103 Simi Valley, CA 93063 Plaintiff ATTORNEYFORPLA~TWF Court of Common Pleas Civil Division vs. Cumberland County Jeffrey H. Conz Tonya L. Conz And/Or Occupants 905 Maplewood Lane Enola, PAl 7025 Term No.,}llX,- 3(Jj' Defendants nvn. ACTION/COMVT ATNT FOR F.TRCTMICNT RASICO ON AN TNSTAT.T.Mli":NT CONTRACT FOR SAT.IC OF RICAT. ICSTATIC Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 717-249-3166 tA:~i :(' (['I) 'Jl ,,'j .. A VlSO 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 ala 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 PAGAR TAL SERVICIO, V AY A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A D1RECClON SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 7013 717-249-3166 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: Pursuant to the fair debt collection practices act, 15 U.S.C. ~ 1692 et seq. (1977), defendant(s) may dispute the validity of the debt or any portion thereof. If defendant(s) do so in writing within thirty (30) days of receipt of this pleading, counsel for plaintiff will obtain and provide defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid, likewise, if requested within thirty (30) days of receipt of this pleading, counsel for plaintiff will send defendant(s) the name and address of the original creditor, if different from above. The law does not require us to wait until the end of the thirty (30) day period following first contact with you before suing you to collect this debt. Even though the law provides that your answer to this complaint is to be filed in this action within twenty (20) days, you may obtain an extension of that time. Furthermore, no request will be made to the court for a judgment until the expiration of thirty (30) days after you have received this complaint. However, if you request proof of the debt or the name and address of the original creditor within the thirty (30) day period that begins upon your receipt of this complaint, the law requires us to cease our efforts (through litigation or otherwise) to collect the debt until we mail the requested information to you. You should consult an attorney for advice concerning your rights and obligations in this suit. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (71 '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 c/o Countrywide Home Loans, 1800 Tapo Canyon Road, MSN SV-103 Simi Valley, CA 93063 Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. Cumberland County Jeffrey H. Conz Tonya L. Conz And/Or Occupants 905 Maplewood Lane Enola, P A 17025 Tenn No. 0 C. - :, .J- '\ Defendants CIVIl. ACTION/COMPI A INT FOR RffiCTMlCNT RASF,OON AN TNSTAI.TMFNT CONTRACT FOR SAJ.F. OF RFAJ. F,STATF, 1. 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 c/o Countrywide Home Loans, 1800 Tapo Canyon Road, MSN SY-l03 Simi Yalley, CA 93063 who is the Seller and Owner of the properly at 905 Maplewood Lane, Enola, P A 17025 . 2. The names and last known address of Defendants is Jeffrey H. Conz Tonya L. Conz And/Or Occupants 905 Maplewood Lane Enola, P A 17025 who are the Buyers or Occupants of the property at 905 Maplewood Lane, Enola, P A 17025 . 3. On or about December 31, 2002 , the Administrator of Veterans Affairs, Plaintiff's Assignor, and Defendants entered into an Installment Contract for Sale of Real Estate for the property at 905 Maplewood Lane, Enola, P A 17025. 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 July I, 2005 and each month thereafter are due and unpaid, and by the terms of said contract, upon failure of Defendant Buyers to make such payme'!ts 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 Plaintiff's 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: / ~3/00 , By: 7YlAdmt8~ Michele M. Bradford, Esquire Attorney for Plaintiff EXHIBIT" A" .~ ~.;; V~~RM26-6336e (eg) 1JIl.""i,T;i SEPT 1998 10-10-6-0524027 10-10-7-0018301 lNST ALLMENT 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. t. THISAGREEMENT,roadethe 31st day or DeceJtlbel' . 2002 .byandbetw~ntheS~retaryofVeteransAffajrn. an officer of the United States af America. whoae address is Department of Veterans AffalIs. Washmgton, D C 20420. (of the first part) bereinafter caned "Senet". and his/her succtSsors jn such office, as such, and JEFFREY H. CONZ and TONY A L. CONZ (party of the second part) hereinafter called "Buyer". 2. WITNESSETH, That it is mutUally agreed as follows: The Seller hereby agrees to seU to the Buyer. and the Buyer ltereby agrees to purchase from the Seller. all that real property situated in East pennsboro Township countY of Cumberland llI1d Commonwealth of Pennsylvania. herein referred fO as "the property" and more fully described as follows: TAX PARCEL 13~0999-94 905 Maplewood Lane Enola, PA 17025 IlIi\~ll~1\1\~~m~~I~~\~~1~11\l\illli\\I\\11\1\\I\\lf,\~ 610 025091354 Ie 001 001 3. This Agreement is made subject to: (1) Existing leases and to rights, jf MY, of persons in possession,if any. (2) The general taxes l\nd special 8SSes1m~ which the Buyer hereinafter covenants to pay. (3) BuUdIng line and tlUilding and liquor restrictions of record. (4) Zoning and builditl.g laws or ordinances. (5) Party wall rights or agreements. (6) Roads and bigbwa,s. (7) Covenants, conditions. exceptions. reservations, restrictions, or easements of record. (S) Rigbls of all parties claioniog by, through, or under the Buyer. (9) Any state 01 facts which an accurate survey would &bow.' (to) All unpaid \Vater and sewage-dispooal charges for l!IeNlt'\:l1 rendered after the date of delivery of this Agreement. (Il) All contractS or agreements, recorded or unrecorded, forfumisbing gas. electricity, water, or sewage-disposal service. (12) The constit\ltion bylaws. rules, regu\ations, resmcti(1os. cha.rges, or assessments of any civic improvement or other association, corporation.or district, wbich affect the property. (13) Coal Notice under the Bituminous Mine Subsidence IU1d Land Conservation Act of 1966 attached. The Buyer shall indemnify and save harmless tbe Seller frolll all Joss and liability that arise by reason of any and all obligations and liabilities eJl:isting or arising out of any of the foregoing matters. 4. Buyer shall pay to Seller for tbe property the sum of ($ 1.56000.00 ) in lawful money of the United States of America at the (Regional Office) (Center), Department of Veterans Affairs, an agency of the United States.or at such other place within the Uoiled States as the Seller or the Seller's Agent. may from time to time designate in writing. at the times, in the amounts. and in the manner following: ($ 1500.00 ) in cas!\ prior to or upon the execution and delivery of this Agreement; and the balance of ($ 154500.00 ) herein referred to as "principIIl sum. or as .principal" witb interest thereon at the rate of SIX percent ( 6.00 )% pet annum. from the date of I)e.Cember 31.2002, which said principal and interest on the unpaid portion thereof shall be payable in equal monthly installments as foHows: ($ 926.31 ) on the fint day of February . 2003 . and a like sum on the (ust day of each and eveI)' month thereafter for 359 consecutive. additional months, untit said principal and interest sbalI have been fully paid. Unless sooner paid, the unpaid balance of principal phIS the accrued and unpaid interest shall M due and payable on the First day of January . 2033 . Of the fotal purchase price paid for the said described property, the amount of $ -------~------ is a rehabilitation loan granted PU(sUlUlt to Public Law 1{1(}..198, to be disbursed under a separate Escrow Agree.tnent which rehabilitation loan bears the same rate of interest as the balance of lhe amount remaining and to be paid for the Except as hereinafter otherwise provided, eaclt payment made hereunder wall be credited first 00 the interest then due as herein provided and the remainder shall be credited upon unpai~ principal. Additional payments of principal in any Ml\Ount not le&S than the an1ouot of the monthly installmentS ab~v~ provld~ or One HlUldred Dollars ($100). whichever is less. may be made at any time aJld shall be credited on the unpaid pnnClpal sum m suell manner as the Buyer may elect. or in the absence of such election, as Seller may elect. 5. An real estate taxes. water rents. sewer charges, asseS.snle1lU, and other charges payable in years subsequent to the year 2002 or levied after the date of execution of this Agreement, or for improvements whicb are not then completed upon the property, are and shllll be tlle obligation of the Buyer. and BlIyer covenants to pay the same in the manner provided in paragrapb seVen hereof. Water/sewer and special assessments to be paid directly by buyer. t 'i ;. IS. Buyer hereby assigns, transfers. and sets over to Seller, up to the amount of the total indebtedness of Buyer to Seller hereunder. all of Buyer's rigbt. title, and interest in or to all awanh and claims in connection with condemnation of any of the property for public U5C, or for injury to any portion thereof, and tbe proceeds of all such awards or claims. after payment therefrom of all reasonable expenses incurred, including fees for attorneys representing Seller in any such proceeding, shall be paid to Seller and Buyer's obligation hereunder shall thereby be reduced an equal amount except to the eAtent Seller elects to use the funds to improve the property In accordance with paragraph 16. SeUer is hereby authorized in the name of Buyer to execute and deliver vaUd acquittances thereof and to appeal from or otherwise appropriately litigate any Of all of such awards or claims. Seller shall be under no obliga[ion hereunder to seU or convey all or any part of tbe property, or right or interest therein wbich. is condemned. 16, All moneys received by Seller under any policy or policies of insurance of any condemnation award or other award after payment therefrom of aU reasonable expenses iDcurred in connection therewith, including fees for attorneys representing Seller, may at the option of Sener be used for Ole pUJPose of repairing, restoring, or improving the damaged structure upon the property, or may be crediled on the indebtedness in accordance witb the provisions of this Agreement. 17. Execution and acceptance of this Agreement by the Buyer constitutes delivery to and acceptance by Buyer of possession of the property herein described, and the buildings and improvements thereon erected, and acknowledgment by the Buyer that the property, and the buildings and improvements thereon erected, have been inspected and examined, that buyer is satisfied with its and their condition, and that the property and the buildings and improvements thereon erected in such condition are being: bought and accepted without any representation whatsOever by the Seller, eltCept as may be provided in paragraph 11 of Agreement of Sale dated . The Buyer assumes responsibility for injut}' or death on or arising out of the property and also assumes the risk of loss or damage to the buildings now situate, or hereafter constructed, in or upon said property by fire, casualty, or otber happening and shall indemnify and save the Seller harmless from all loss arising from or by reason of these events or incidents. 18. Time is of the essence of this Agreement and (tdefault be roade and continue for a period of thirty (30) days in the payment of any of the installments of principal, interest, or any other items hereinbefore stipulated, when the same become severally due hereunder, or in the payment of any other sum herein agreed to be paid by Buyer, or if default be made in tbe pedormance by Buyer of any other agreement. covenant, or obligation of Buyer hereunder, then in either, or any of said events. the whole unpaid balance due under the terms of this Agreement shall, at the option of Seller, inunediately become due and payable and SeHer may, at hislher option, (a) tenninate by simple declaration of an eJection so to do with Of without notice, all af Buyer's rights under this Agreement and aU of Buyer's right, title, and interest in the property; or (b) terminate all of Buyer's rights under Ibis Agreement and all of Bu.yer's right, title, and interest in the property in any appropriate proceeding, legal or equitable; or (c) enforce Buyer's obligations hereunder in any appropriate proceeding, le~al Or equitable. Buyer agrees to pay all costs and expenses, including a reasonable sum for attorney's fees inCurred by Seller m terminating Buyer's rigbts under this Agreement or claims to the property or in enforcing any or all of the terms of this Agreement, and in appropriate judicial proceedings, if any are initialed to establish or maintain Seller's right or tiUe to, and possession of said property after breach by Buyer, free of any title or claims of Buyer. 19. Upon Seller exercising the right of tenninadon as provided herein., all rights, estate and interest hereby created and then existing in Buyer and in any and all persons claiming under Buyer, shall wholly cease and determine. Buyer sball thereupon quit and surrender to Seller without demand, peaceful possession of said premises in as good condition as they now are, reasonable wear and tear alone excepted. In the event Buyer neglects or refuses to surrender such poSlle.!lsion when obligated so to do it shall be lawful for Seller to enter UpOll and ttlke possession of such premises without notice and remove all persons and their property. 20. The Provisions of paragraph 19 and 20 of tbis Agreement shall also apply, at the option of Seller. to (1) any violation or breach of any of the covenants, conditions, or restrictions, indicated in this Agreement or which may be of record, and (2) to any violation of any Jaws or ordinances in any manner affecting said property. 21. Seller agrees upon receipt of payments in accordance with the provisions hereof, of the entire principal sum wUh interest, to execute and deUver a special Warranty Deed on V A Form 26-64300 conveying the title to said property to Buyer in such manner and form as Seller elects. Such deed may be delivered at such earlier time as Seller may elect. Said Deed will be on SeUer's form and conveyance shall be made under and subject to any restrictions, reservations, and exception of record and also SUbject to all National and Slate laws, statutes, and regulations, then affecting the transfer of real estate or of any right therein. In the event any part of said principal sum shalt not have been paid al the time of the execution and delivery of the deed to said property. Buyer shall simultaneOUsly execute and deliver to Seller a Mortgage Note in the just or principal sum remaining unpaid, together with interest thereon at the rate provided in paragraph 4 hereof, payable In installments of the same amounts as stated in said paragraph, and a purchase money mortgage of said premises to secure the same, which mortgage shall be a (IrSt lien on the property; the Mortgage Note and Mortgage shall bear the same date as said Deed; they shalt be on the tonns of such instruments then in use by the ~ment of Veterans Affairs or its successor in interest, modified and amended as to such terms, conditions and detailed proVIsions as are in conflict with this Agreement. 22. Buyer represents and covenants that Seller's title is satisfactory to Buyer as of the date hereof. 23. Buyer shan pay for all reco~ding, transaction, transfer, conveyance, and other taxes upon this Agreement and upon any deed, bond, mortgage, or other mstrumeor executed under the terms and provisions of this Agreement and for all revenue documentary, ?r otber stamps required to be affixed to any such instrument and shall also pay the fees for :Ccording the deed and the mortgage, If any, when executed, as well as all costs and expenses for such title search it.! the Buyer may elect (0 have made. 24. The Buyer shall notify the Seper of an assignment of ~ Buyer's interest in this contract. Seller may at any time sell and convey the property subject to thiS Agreement and may asSign this Agreement and any and all rights hereunder without the consent of the Buyer. 25.. Any n?tices from one party hereto (0 the other party shan be in writing and delivered in person or forwarded by certified mall; NotIces. shalJ be address~ to.the property.hereinabove described unless written of a different address shall have been preViously delIvered 10 Seller, ID wb::h event notice shall be sent to such address. Notices to Seller shall be addressed to the lo~ Guaranty Officer, Department of Veterans Affairs at the Office where this Agreement is executed untU Buyer is notified in wntmg of a changed address. Thereafter any notice shall be sent to the last address of which Buyer shall bave been notified. 26. Buyer bereby authorizes and empowen any attorney of any court In the Commonwealth of Pennsylvania or elsewhere to appear for them and ~ of them .in any and aU actioos to be brought for any breach or default of the terms of this Agreement and ~ereby confesses Judgment 10 favor of the Seller for the whole amount of the principal sum and any interest remaining unpaId the:eon, ,,:betber ~ same sh.all have b~ due or not, together with an attorney's commiSlion or fee of five (5%) percent, With or wUhout pnor declarahon made, watving stay of execution, inquisition, and all exemption Jaws. , .1 6. Buyer shall obtain and continllOusly maintain hazard insurance of such type o~ types ~d amoun~ as the Seller ~ay from time to time notify Buyer to obtain on the improvements now or hereafter made on said preIIUSes and will pay any prenuums therefor promptly wben due. All insurance shall be carried in companies approved by Seller and policies and renewal. tbe.rear shall be held by Seller and have attached thereto loss payable clauses in favor of Seller as Secretary of Vetc:rans Affall'S JD acceptable fonn. In the event of loss, Buyer will give immediate notice by man to Sellcr and Seller may I but ~ not unde,r duty to make proof of loss, if such proof is not made promptly by Buyer. AU insurance carriers are bereby authorized and duected to make payments for such loss directly to Seller instead of to Buyer and Seller jointly. The pr0ceed5 ~ the payme~t of such loss or any part thereof may be applied by Seller either to reduction of the indebtedness or to the restoration and repatr of the property damage. 7. Together with and in addition to the monthly payments of principal and interest payable und.er th~ terDl8 beteof~ Buyer will pay the Seller on the first day of each month until the tenns of this contract have been fuHy compiled With, the followlDg sums: (a) Such amount or amounts as may be necessary to equal aU or any of the premiums which next become due and payable on the policy or policies of tire and other hazard insurance covering the property, plus taxes, next due on the property (aU -as estimated by Seller. and of which Buyer is notified) Jess all sums already paid therefor divided by the number of months to elapse before one month prior to the date when sueb premiums, taxes will become delinquent. such sums to .be held by Seller in Trust (irrevocable until all of Buyer's obligations under this Agreement are discharged) to pay saJd premiums, taxes. (b) The installment for principal and inteJeSt stated in paragraph 4 which sum plus the amounts paya~le pursuant !o subparagraph (a) of this paragraph shalt be paid in a single payment each month. Except as otherwise provided 1Il paragraph 14, such payment shall be applied to the items and in the order stated below: I. Taxes, fire and other hazard insurance p~um; II. Interest on the unpaid portion of the principal; and Ill. Unpaid principal. (c) Any deficiency in any such payment shall, unless made good prior to tbe due date of the next payn1ept, constitute an event of default hereunder. The Seller may collect a -late charge- not to exceed an amount equal to four (4%) per centum of the installnrent which is not paid within fifteen (15) daya from the due date thereof, to cover the extra expense involved in handling delinquent payments. (d) If the total of the payments made by Buyer under subparagraph (a) of this paragraph shall at any time in the opinion of Seller exceed the amount required for the payment of taxes or insurance premiums, as the case may be, such excess shall be credited on subsequent payments to be made by the Buyer for such items. If, however, such monthly payments shall not be sufficient to pay such items when the same shall become due and payable, the Buyer shall pay the Seller any amouot necessary to make up the deficiency. (e) All payments of said items made by Seller may be in such amounts as are shown by records, or by bills obtained by Seller, or on the basis of any other infonnation received by Seller, or be due, payable, past due, or delinquent on account thereof. If requested by ScUer. Buyer shall promptly obtain, approve and deliver to Seller aU bills for said items. 8. Buyer covenants and agrees to deposit with Seller at the execution and delivery of this Agreement an amount to be determined by Seller to be required to meet the payments of taxes and any premiums for hazard insurance which it may be necessary to pay prior to the accumulation of a fund sutrK:ient therefor as provided herein. 9. All payments of principal, interest and other items required to be made by the terms of this contract, shall be made to the Ageot Cashier at the office of the Department of Veterans Affail'5 designated in paragraph 4, to the order of the Department of Veterans Affairs, unless the Buyer shall be notified in writing to make such payments to another payee or place,and only such payments as shall be receipted for by the said Agent Cashier, or other payee after notice to the Buyer, shall be recognized by the Seller, and all other payments, if any, shall be made at the risk of the Buyer. 10. All moneys paid to Seller hereunder shall be deposited with the Treasurer of the United States who is hereby authorized to commingle the same with the general funds of the United States. No interest shall be payable on the funds received by SeUer for any purpose pursuant to any provision of this Agreement. 11. Buyer Covenants nO{ to commir, permit, or suffer any waste to the property, to keep the property in a good state, order and repair. Buyer further covenants not to abandon said property and not to use, permit, or suffer the use of any of the property for any iUegal or immoral purpose, and agrees to comply with all laws and ordinances which may in any manner affect the property. 12. The Buyer is authorized and pennitted to make such repairs, alterations, and renovations to said properly as desired. and determined to be otCeJ3ary at Buyer's own expense and without any liability on the part of the Seiler for same, as are approved in advance by the SeUer. Failure of the Buyer to obtaJn advance approval for repairs, alterations, and renovations. to said property, may at the option of the Seller, be considered a breach of the terms of this agreement and aD act of default. Buyer further covenants and agrees to mne prompt payment for aU labor and materials in such behalf expended and not to suffer any mechanics' or matedalmeo's IiCl1l!l to attach to Wd property. AU such repairs and alterations made by the Buyershal1 inure to the benefit of the property and the Seller in the event of a default in the tenus of tbis Agreement by the Buyer. Buyer also covenants and agrees to complete and pay for the foUowing repairs of alterations within ( ) days after execution of this Agreement and that breach of this covenant will constitute an act of default. 13. No part of the property :sball be used in the manufacture, sale, or distribution of intoxicating liquors. J4. !n the eyent Buyer fails. neglects, or refuses to perfonu, in .whole or in part., any of the covenants, agreeme~rs, or obligations herem proVIded upon the pari of Buyer to be performed, Seller IS hereby authorized and empowered without noUce and at the cost of Buyer, to perfonn or cause to be performed, any or all of said covenants, agreement!! and obligations, and to expend such sums of money as may be reasonable merefor, or for any other purpose which in the opinion of Seller is reasonably necessary for !he protection of Seller, ScUer's lien, investment or property. AU such sums of money so expended by SeUer, together with mterest thereon, at the rate aforesaid. from the several dates of expenditure thereof until paid, shall become so much additional indebtedness under this Agreement and shall be repaid by Buyer to Seller. in lawful money of the United States of America, immediately and without demand, at the same place or places as other sums are payable hereunder, nol.ess Seller shall agree lhat such $Urns be otherwise repaid, in which event sucb repayment shall be made by Buyer to ScUer at such times and in web manner as Seller shall require. Any faUure, neglect, or refusal by Buyer to repay such sums as berein provided shall constitute default hereunder. Any payments made under the terms of lhis Agreemeot may, al the election of Seller, be applied fIrst to the repayment of any sums Seller shall have expended in accoroance with the terms hereof. 'it , -~ , ../ --~--'-~ I 27. And the said. Buyer hereby. upon the breach of any of the conditions of this Agreement, authorizes any anomey of any court of Record to appear for them and each of them and enter an amicable action of ejectment and confess a judgment of ejectment therein for the premises herein described and do authorize the immediate issuing and e1.ecution of a writ of habere facias possessionem wJlb clllU86S of fieri facias for costs and five (5%) percent attorney's commission or fee, without asking leave of court. 28. All moneys paid by Buyer to SeUer under the terms of this Agreement shall be retained by Seller as compensation for the use and occupancy of the property, coruideration for the execution of this Agreement and not all liquidated damages to Seller for default or as a penalty. 29. Pailure or deJay of the Seller to enforce any right or to exercise any op~ion hereunder ~vailabJe bee.ause of any def<UJ.!t shall not operate as a watver of the righl: of the Seller to thereafter enforce such ngbt or to exercISe such option or any otber nght or option, for the same or for any subsequent default. 30. Buyer expressly agrees that the rights and remedies herein granted Seller in tl;e event of default, 10. enforce the terms and conditions of this Agreement, the recovery of damages for any breach, or possessIon of the above described property, may be exercisable as often as there is defauU on the part of Buyer and shall not be exhausted by one or more uses thereof, and tha.t it shall not be necessary to file the original of this contract as a warrant of attorney if a true copy hereof shall be filed in any action, 3l. The covenants, obligations, liabilities, tenns and provisions borem contained sholl be binding upon, and the benefits and advantagea hereunder shall inure to the Buyer jointly and severally and to their and each of their respective beirs, executol'3, adminislrators, and assigns, and to the successors and &Saigna of the SeUer. 32. This Agreement shall not be recorded in the office for the recording of deeds or any other office or place of pubJic record. I( Buyer causes it to be recorded he/she will be considered in default with the right of Seller to forthwith terminate this Agreement and to enforce and exercise Seller's rights hereunder because of such default. 33. Buyer understands and agrees that if this fustallment Agreement is tenninated by Buyer or Seller, any remaining amount of tho rehabiJitation loan in the hands of an escrow agent shall immediately be returned to Seller (Department of Veterans Affairs). 34. This loan may be declared immediately due and payable upon transfer of the property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established either pursuant to the proviaions of section 3714 of chapter 37, title 38, United State Code, or by the loan bolder it the Joan has been sold without recourse. 35. A fee equal to one-half of 1 percent of the balance of thia loan as of the date of transfer shall be payable to the Department of Veterans Aftain. at the time of transfer. If the wumet fails to pay this fee at the time of tranSfer, the fee shall conatitute an additional debt to that already secured by this instrument and shall bear interest at the rate berein provided, and. at the option of the payee of the indebtedness hereby secured or any transferee hereof, the full indcbtool1eS3 ball be inunediately due and payable. This fee is automatically waived if the assumer is exempt under the provisions of 38 U.S.C. 3729(b). The assumer is not obligated to pay this fee if the Department of Veterans Affairs has sold this loan without recourse. 36. Upon application for approval to allow assumption of this loan, a processinj: fee may be charged by the Department of Veterans Affairs or its successors or assigns for determining the CTeditworthlness of the assumer and subsequently revising the ownership records wben an approved transfer is completed. The amount of this charge shall not exceed $300. IN WITNESS WHEREOF, the Sener bas caused this instrument to be signed and sealed in his/ber name an din hislher behalf by the undersigned employee, being thereunto duly appointed, qualified and acting pursuant to title 38, United States Code, sections 212 and 1820, and title 38, Code of Federal Regulations, sections 36.4342 and 36.4520, pursuant thereto, as amended, and who is authorized to execute this instrument, and the Buyer has hereunto set bisn:.er individual hand and seal on the day and year first above written. NOTICE - THIS DOCUMENT MAY NOT/DOES NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OP OWNERS OR SUCH COAL MAY HA VElHA VE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. (This notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984, as amended, and is not intended as notice of unrecorded instruments, if.!lnY.) SEALED AND DELIVERED IN THE PRESENCE OF esecre~ary~~~A:ffa;;S .1 . __.__._..:...~. [SEAL] Janice P. DiBenedetto ____s::I.?.q;t,_d~-.-- --.-e.~4--.- le: __~~ln.&..!8_~~~~.Ql!!~~L._.._..........._ V A Regional Office or Regional Office & Insurance Center, Philadelphia, PA. Telephone: 215-842-2000 Pursuant to a delegation of authority in 38 CFR 36.4342 and 36.4520.) jEF~}~-~-"'---"7iiiiYerr.--.[SEALJ T~}.<.~"-'''-'ijjiiYei1-...._..[SEAL] ....-..-........--.-.__._....__...__._._.__...__u._..._.._.. ...._..._....._...__......_......_......__.._/SEAL] (Buyer) \ "_.J- J EXHIBIT "B" t S-3 4 ~~ti:n~~~i:38~~. '!WI'~~~II'lm'IIIIUI'II~I'III"""IIIIII~IIIII~I'~II'IIIII'"I'/~I DOC~<~~.000250913542005N 61e e251391354 wor eel 13131 .. VA#101070018301 TIllS INDENTURE made this 30th day of October, A.U. :lU03;"l1elW""" UII7"i:>.,cretary 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 Trust Company, As Trustee For Vendee Mortgage Tru8t 2003-2, Without Recourse, Except As Provided In A Pooling And Servicing Agreement Dated October 1,2003, a trust which is established under the laws of the STATE OF CALIFORNIA, having its principal place of business at c/o Countrywide Home Loans, 1800 Tapo Canyon Rd., MSN SV-103, Simi Valley, CA 93063. PENNSYLVANIA herein called Grantee: WITNESSETH that the said Grantor(s) for and in consideration of the One hundred fifty-three Thousand eighty- seven dollars and seventy-one cents ($153087.71). the receipt whereof was acknowledge, hereby grants, bargains, sells, aliens, enfeoffs, releases, and confinns unto the said Grantee and Grantee's heirs or successors and assigns, BEGINNING - LEGAL DESCRIPTION (SEE ATTACHED EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.) TAXID: 09-13-0999-0094 BEING: 905 MAPLEWOOD LANE. ENOLA. PA.17025 Countv of: Cumberland TOGETHER with all and singular the improvements, ways, streets, alleys, passages, waters, watercourses, rights, liberties, privileges, hereditaments, and appurtenances 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 HAVE AND TO HOLD the said lot or piece of ground above described with the hereditaments and appurtenances, unto the said Grantee and Grantee's heirs or successors and assigns, forever. Grantor covenants to warrant and defend all that herein above described against all persons lawfully claiming or to claim the same or any part thereof by, or under Grantor. 600K 261 PAG~3288 " , ~..~ - ... EXHIBIT "A" Assessor's Parcel Number: 09-13-0999-094 ROBERT p, ZIEGLER HEOORDER OF DEEDS , ,.",IJ::f\LAHD COUNiY-P', .~ fEB 12. fW\ 11 33 000259013542005N Legal Description: DISTRICT: 009; CITY: EAST PENNSBORO TOWNSHIP; ASSESSOR'S MAP REFERENCE: MAP 0999 Brief Description: PENN VALLEY RESIDENTIAL WITH BUILDINGS 1 Certify this to be recorded In Cumberland County P.A ..... ~1' :7';j'L '(~;I' (; ~iP~1 .:t~, ':~ Recorder of Deeds Cu~bsrland County P.econjer of ~e;ds Instrlli~g"t Filin9 R~:eiFta q92317 In5tr~ 2004-005377 2/12/200'1 11:33:52 R~oark5: C@JNTRY~rDE ~~rI LGf;;S I"C IIEED DEED - URn DEED - RTI STAlE EAST F811lSB0:1O EAST FENllSBOf\!J l~P DEED - Mil U.S. I A.T.J. CO Ir.FROVEIlENT pm fi'EC. II'.l'JllJHT FUi4D Check!! 99014 Che:kfl 6495 1ntal ReceiY2d....~.. BO'OK 261 p^GE3290 12.~O .5~ It~ij.88 7~5.44 7c,s.44 11.50 10.00 2.00 3.GO t:3,lr)(t.76 $.50 ~3, \:.:1.26 EXHIBIT "C" ACT 91 NOTICE (INSTALLMENT CONTRACT) TAKE ACTION YOUR HOME FROM EVICTION TO SAVE DATE: December 1, 2005 TO: Jeffrey H. Conz 905 Maplewood Lane Enola, P A 17025 Tonya L. Conz 905 Maplewood Lane Enola, P A 17025 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the Installment Contract on vour home is in default and the lender intends to start eviction proceedin2s. Specific information about the nature of the default is provided in the attached ~ The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to help to save YOUr home. This Notice exolains how the OIagram works. To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counselim! Allencv. The name. address and phone number of Consumer Credit COUnselinll Al!encies servine: vour County are listed at the end Detlis Notice. Ifvou have any auestions. vou mav call the Pennsylvania Housing Finance A2encv toll free at 1-800-342-2397 . (Persons with impaired hearin2 can call (7! 7) 780-! 869). 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 frod a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLlCY HOMEOWNER'S NAME(S): Jeffrey H. Conz and Tonya L. Conz PROPERTY ADDRESS: 905 Maplewood Lane, Enola, PA 17025 LOAN ACCT. NO.: 25091354 CURRENT LENDERJSERVICER: Conntrywide 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 ESTATE PENNSYLVANIA (HEREINAFTER CALLED "CONTRACT") FROM EVICTION AND HELP YOU MAKE FUTURE INSTALLMENT PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR CONTRACT PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF TERMINA nON OF YOUR CONTRACT -Under the Act, you are entitled to a temporary stay of eviction on your contract for thirty tbree (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) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR CONTRACT UP TO DATE. THE PART OF THIS NOnCE CALLED "HOW TO CURE YOUR CONTRACT DEF AUL Tn EXPLAINS HOW TO BRING YOUR CONTRACT UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender mav NOT take action against you for thirty three(33) davs after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counselini! al!encies for the CDuntv in which the DIODem is located are set forth at the end of this Notice. It is only necessary to schedule one face-ta-face meeting. Advise your lender immediately of your intentions. APPLICA nON FOR CONTRACT ASSIST ANCE- 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 (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, EVICTION MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR CONTRACT ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time. no eviction proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If ou have filed bankru tc ou can still a I for Emer enc Mort a e Assistance. HOW TO CURE YOUR CONTRACT DEF AUL T (Bring it uo to date). NATURE OF THE DEF AUL T- The CONTRACT debt held by the above lender on your property located at: 905 Maplewood Lane,Enola, PA 17025 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: StartlEnd: 7/01105 through 12/01105 at 3 @ 1,172.36; 3 @ 1,157.76 per month. Monthly Payments Plus Late Charges Accrued: NSF: Inspections: Other - Fees/Costs: Other - Foreclosure Expenses: (Suspense): Total amount to cure default $7,131.03 $0.00 $66.00 $150.00 $475.00 $10.75 $7,811.28' See paragraph below headed "HOW TO CURE THE DEFAULT" B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not aoolicable): NI A 'HOW TO CURE THE DEF AUL T -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 $7,811.28, 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 win inform 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 bv cash. cashier's check. certified check or money order made oavable 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 aoolicable.) N/ A. IF YOU DO NOT CURE THE DEF AUL T -If you do not cure the default within THIRTY THREE(33) DAYS from the date of this Notice, the lender intends to exercise its rights to accelerate the contract debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the contract in monthly installments. If full payment of the total amount past due is not made within THIRTY THREE(33) DAYS, the lender also intends to instruct its attorney to start legal action to start eviction proceedings upon vour contract urooertv. 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 actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY THREE (33) DAY period, vou will not be reauired to nav attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the contract. RIGHT TO CURE THE DEFAULT PRIOR TO EVICTION-If you have not cured the default within the THIRTY THREE (33) DAY period and eviction proceedings have begun, you still have the right to cure the default and prevent the eviction at anv time UP to one hour before the eviction. You mav do so by paving the total amount then past due. plus anv late or other charges then due. reasonable attorney's fees and costs connected with the eviction and any other costs connected with the eviction as soecified in writinl! bv the lender and bv oerforminl! any other reauirements 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 CONT ACf THE LENDER: Attorney Representing Lender: PHELAN HALLINAN & SCHMIEG, L.L,P. One Penn Center at Suburban Statiou 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attentiou: Reinstatement Departmeut EFFECf OF EVICfION- Y ou should realize that an evictiou 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 PAYOFF 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 DEFAULT IN ANY EVICTION PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE CONTRACT DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACfION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED . If tbis is tbe first notice tbat you bave received from tbis office, be advised tbat: you may dispute tbe validity of tbe debt or any portion tbereof. If you do so in writing witbin tbirty (30) days from receipt of tbis letter, tbis firm will obtain and provide you witb written verification tbereof; otberwise tbe debt will be assumed to be valid, Likewise, if requested within thirty (30) days from receipt of this letter, the firm will send you the name and address of the original creditor if different from above. Very truly yours, PHELAN HALLINAN & SCHMIEG, L.L.P. HI/mas Cc: Countrywide Home Loans, Inc. Attn: Lacey Nogueira Account No.: 25091354 Mailed by I" Class Mail and by Certified Mail Nos: 7005 1820 0000 1845590515912 VERIFICATION Michele M. Bradford, Esquire hereby states that she is the Attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that she is authorized to take this Verification, pursuant to Pa. R.C.P. 1024 (c) and that the statements made in the foregoing Civil Action in Ejectment are true and correct to the best of her knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 7 The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ~8./0~ 7//ACL7// Q.~. Michele M. Bradford, Esquire Attorney for Plaintiff AJ (~ \":01, *- ?';- \..~ ~ vi , I ....... ~ -..-J "\ ?u "-! ~ ,\) \.J\ .~ ~. \j ..Il..) '"^ );::;. ~ ~ ..., '. ~ p ;-:> ~ c., @ 1"..) ,...., ~~) ., -'1 .1 L SHERIFF'S RETURN - REGULAR CASE NO: 2006-00329 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL COMPANY VS CONZ JEFFREY H ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CONZ JEFFREY H the DEFENDANT at 1720:00 HOURS, on the 18th day of January 2006 at 905 MAPLEWOOD LANE ENOLA, PA 17025 by handing to JEFFREY H CONZ a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13.20 .00 10.00 .00 41.20 .r-~~-R R. Thomas Kline 01/19/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before .....,y ..c---' By . -' . - ,1. /1 . j . / /d"/ ___.'oV"'. j J-' ~' ~,' ../~ - Diputy Sheriff "" me this ,,(.~ ~ day of \ 't",",-,,'}gJ~6"t): ,)A.D. ~ IV!.. ' rotho ry SHERIFF'S RETURN - REGULAR \ CASE NO: 2006-00329 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL COMPANY VS CONZ JEFFREY H ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CONZ TONYA L the DEFENDANT , at 1720:00 HOURS, on the 18th day of January 2006 at 905 MAPLEWOOD LANE ENOLA, PA 17025 by handing to JEFFREY H CONZ, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ""-~ ..;..." -,,/ . ~ ~U/~ .,// ;:;'/. .r ..;:;;rut--;~!.';-.t:<':f _e~'",~ R. Thomas Kline 01/19/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: -,-- - ", ) )/' .~. -/~- / /. /t~/ ,--,t. .._ . DePuty Sheri f me this ~~~ day of I \ '- v........,.. .)(){){ A.D. I I . Prothonotary PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee Court of Common Pleas for Vendee Mortgage Trust 2003-2, without recourse, Except as Provided in a Pooling and Servicing Agreement Civil Division Dated October 1,2003 Plaintiff Cumberland County vs. No. 2006-329 Jeffrey H. Conz Tonya 1. Conz Defendants PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 3ft! 06 Mi~";" Attorney for Plaintiff . ~ ", ~'h ,~-I -..".,,_..^~<"