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HomeMy WebLinkAbout06-0819PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I,D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (?, 5ll ) 563-1000 Deutsche Bank National Trust Company, as trustee for Vendee Mortgage Trust 2003-1, without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 7 Corporate Drive Plano, TX 75024 Plaintiff vs. Richard L. Neenan, III Claramae B. Neenan And/Or Occupants 91 Cold Springs Road Carlisle, PA 17013 Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. nL. 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, PA 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo ai partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forme escrita sus defensas o sus objenciones a las demanandas on contra de so persona. Sea avisado que si usted no se dafiende, suya sin previo aviso o notification. Ademas, la corta puede decidir a favor del demandanto y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perdar dinero o sus propiedadas u o tros derachos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAY A EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 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. § 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 QI5 56t-7000 Deutsche Bank National Trust Company, as trustee for Vendee Mortgage Trust 2003-1, without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. Richard L. Neenan, III Claramae B. Neenan And/Or Occupants 91 Cold Springs Road Carlisle, PA 17013 Defendants Plaintiff is ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No.,, -??? L lurl?"`_ L Deutsche Bank National Trust Company, as trustee for Vendee Mortgage Trust 2003-I, without recourse, except as provided in a Pooling and Servicing Agreement dated February I, 2003 7105 Corporate Drive Plano, TX 75024 who is the Seller and Owner of the property at 91 Cold Springs Road, Carlisle, PA 17013. 2. The names and last known address of Defendants is Richard L. Neenan, III Claramae B. Neenan And/Or Occupants 91 Cold Springs Road Carlisle, PA 17013 who are the Buyers or Occupants of the property at 91 Cold Springs Road, Carlisle, PA 17013. 3. On or about October 23, 2002, the Administrator of Veterans Affairs, Plaintiffs Assignor, and Defendants entered into an Installment Contract for Sale of Real Estate for the property at 91 Cold Springs Road, 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 February 27, 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 1, 2005 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. 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. Date: *PHELAN HA LINAN & SCHMIEG, LLP Michele adford, Esquire Attorney for Plaintiff Exhibit "A" )yf?AiaORM 26-6336e (69)- 10-10-6-0540863 Revlied SEPT 1998 - 10.10-7-0018240 INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE - PENNSYLVANIA THIS LOAN MAY NOT BE ASSUMED WITHOUT THE PRIOR APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, SUCCESSORS OR ASSIGNS. 1. THIS AGREEMENT, made the 23rd day of October 2002 , by and between the Secretary of Veterans Affaits, an officer of the United States of America, whose address is Department of Veterans Affairs, Washington, D C 20420, (of the first part) hereinafter called 'Seller'. and his/her successors I. such office, as such, and - UCHARD L. NEENAN, IH and CLARAMAE B. NEENAN - (party of the second pan) hereinafter called 'Buyer". 2. WITNESSM, That it Is mutually agreed ss follows: The Seller hereby agrees to sell to the Buyer, ad the Buyer hereby agrees to purchase from the Seller, all that real property situated in Dickinson Township county of Cumberland _ and Commonwealth of Pennsylvania, herein referred to as "the property" and more fully described as follows: TAX PARCEL 8-32-2326-22 , 000036191 91 Cold Springs Road; 610 621827670 lC 001 001 Carlisle, PA 17013 3. This Agreement is made subject to: (1) Existing leases and to rights, if any, of persons ih.possession;if any: (2) The general taxes and special assessments which the Buyer hereinafter covenants to pay. (3) Building line and building and liquor restrictions of record. (4) Zoning and building laws or ordinances. (5) Party wall rights or agreements. (6) Roads and highways. (7) Covenants, conditions, exceptions, reservations, restrictions, or easements of record. (8) Rights of all parties claiming by, through, or under the Buyer. (9) Any state of facts which au accurate survey would show. (10) All unpaid water and sewage-disposal charges for services mmlcred after the date of delivery of. this Agreement. (11) All contracts or agreements, recorded or. unrecorded, for furnishing gas, electricity, water, or sewage-disposal service. (12) The constitution bylaws, rules, regulations, restrictions, charges, or assessments of any civic improvement or other.associafion, corpomtion,or district, which affect the property. (13) Coal Notice under the Bituminous Mine Subsidence and Land Conservation Act of 1966 attached. The Buyer shall indemnify and save harridan the Seller -from all Ions and liability that arise by, reason of any andall obligations and liabilities existing or arising out of any of the foregoing matters. 4. Buyer shall pay to Seller for the property the sum of ($ 96500.00 ) in lawful money of the United States of America at the (Regional Office) (Center), Department of Veterans Affairs, an agency of the United Stwes,or-at such other place within the United States as. the Seller or the Seller's Agent, may from time to time designate in writing, at the times, in the amounts, and in the manner following: ($ 800.00 ) in cash prior to or upon the execution and delivery of this Agreement; and the balance of ($ 95700.00 ) herein referred to as 'principal sum' or as 'principal' with interest thereon at the rate of six percent( 6.00 )%Perannum,fromthedateof:: rOctober 23 2002, which said principal and interest on the unpaid portion thereof shalt be payable in equal monthly installments as follows: ($ 573.77 ) im the first day, of December 2002 , and a like sum on the first day of each and every month thereafter for 359 consecutive, additional months; until said principal.and interest shall have been fully paid. Unless sooner paid, the unpaid balance of principal plus the accrued and unpaid interest shall be due and payable on the First day of November , 2032 .: Of the total purchase price paid for the said described property, the amount of $ ------------ - is a rehabilitation loan granted pursuant to Public Law 100-198, to be disbursed under a separate Escrow Agreement which rehabilitation loan bears the same cafe of imerest ss the balance of the amount rrmeining and lobe paid for the Except as hereinafter otherwise provided, each payment made hanander•shall be credited first on the Interest then due as herein provided and the remainder shall be credited upon unpaid principal. Additional payments of principal in my amount not less than the amount of the moodily installments shove provided or One Hundred Dollars ($llq), whichever is less, may be made at any time and ahall be credited on the unpaid principal sum I. such manner ss due Buyer may elect, of m the absence of such election, as Seller may elect. 5. All real estate taxes, water rants, sewer charges, assessments, and other charges payable in-years subsequent to the year 2002 or levied after. the date of execution of this Agreement, or for improvements which are not then completed upon the property, am and sball be the obligation oftheEtryer, mi Buyer covenants to pay the same in the manner provided in paragraph seven hereof. Waterfsewer and special assessments to he paid directly by buyer. 6. Buyer shall abrain and continuously maintain hazard insurance of such type or types and amounts as the Seller may from time to time notify Buyer o obtain on the improvemens now or hereafter made on said premises and will pay any premiums therefor promptly when due. All frtsurance -ball be carried in companies approved by Seller and policies and renewal thereof shall be held by Seller and have.attached thereto loss payable clauses in favor of Setter asSecretary_of Vetetana Affairs in acceptable form. In the ovmI of loss, Buyer will give immediate notice by nail to Seller end Sallm may, but is not under duty to make proof of loss, if such proof is not mad. promptly by Buyer. Ali tnsuratice carriata ere hereby aulnorized and directed to make payments for such leas directly to SeIla instead of to Buyer and Sellet joindy. The proceeds from the payment of such ]mss or any part thereof may be applied by Seller either ro reduction of the indebtedness tar o the resroratioa end ropair of the property damage. 7. Together with and in addition to th'e monthly payments of principal and interest payable under the terms hereof, Buyer will pay the Seller on the first day of each month until the terms of this contract have been fully complied with, the following sums: (a) Such amount or amounts as may be necessary to equal all or any of the premiums which next become due and payable on the policy or policies of fire and other hoard insurance covering the properly, plus taxes, next due on the property (all as estimated by Seller, and of which. Buyer is notified) less all sums already paid therefor divided by the number of months to elapse before one month prior to the date when such premiums, taxes will become delinquent, such sums to be held by Seller in Trust (revocable until all of Buyer's obligations under this Agreement are discharged) to pay said premiums, taxes. (b) The installment for principal and interest stated in paragraph 4 which sutra plus the amounts payable pursuant to subparagraph (a) of this paragraph shall be paid in a single payment each month. Except as otherwise provided in paragraph 14, such payment shall be applied to the items and in the order stated below:. 1. Taxes, fire and other hazard insurance premium; U. Interest on the unpaid portion of the principal; and 111. Unpaid principal. (c) Any deficiency in my such payment shall, unless made good prior to the due date of the next payment, constitute an event of default hereunder. The Seller may collect a "late charge" not to exceed an summer equal to four (4%) par centum of the installment which is not paid within fifteen (16) days from the due date thereof, to cover the extra expense involved in handling delinquent payments. (d) U the total of the payments made by Buyer under subparagraph (a) of this paragraph shall at my time in the opinion of Seller exceed the amount required for the payment of taxes or insurance premiums; u 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 sauna shall become due and payable, the Buyer shall pay the Seller my amount necessary to make up the defrcieacy. i (e) AB 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 my other information received by Seller, or be due, payable, past due, or delinquent on account thereof. If requested by Seiler, Buyer shall promptly obtain, approve and deliver to Seller all bills for said . items. 8.Buyer covenams 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 my premiums for hazard insurance which it may be necessary to pay prior to the accumulation of a fund sufficient therefor as provided herein 9. All payments of principal, interest and other Items required to be made by the terms of this contact, shall be made to the Agent Cashier at the office of the Department of Veterans Affairs designated in paragraph 4, to the order of the Department of Veterans Affairs, unless the Buyer shall be notified in writing to make such payments to another payee or 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 my, 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 Seller for my Purpose Pursuant to my provision of this Agreement. 11. Buyer covenants not to commit, permit, or offer any waste to the property, to keep the property fa a good state, order and ' repair. Buyer further covenmis not to abandon said property and not to use, pamrit, or suffer the use of any of the property for my illegal or immoral purpose, and agrees to comply with all laws and ordinances which may in my manner affect -the property. 12. The Buyer is mtborized and permitted to make such repairs, alterations, and nmovadons to said property as desired and determined to be necessary at Buyer's own expense and without my liability on the par of the Seller for same, as are approved in advance by the Seller. Failure of the Buyer to obtain advance approval for repairs, alterations, and rmovations, to said property, may at the option of the Seller, be considered a breach of the terms of this agreement and an act of default. Buyer'further covenants and agrees to make prompt payment for all labor and materials in such behalf expended and nut to offer any mechanics' or materialmen'a liens to attach to said property. All such repairs and alterations made by the Buyer shall inure to the benefit of the property and the Seller in the event of a default in the terms of this Agreement by the Buyer. Buyer also covenants and agrees to complete and pay for the following repairs of alterations within ( ) days after execution of this Agreement and that breach of this covenant will constitute an act of default. 13. No part of the property shall be used in the manufacture, sale, or distribution of intoxicating liquors. 14. In fhe event Buyu tails, neglects, or refuses o perform, in whole or ID pail,' soy of the covenanty agreements, or obligations herein provided upon the part of Buyer ten bra performed, Seller is hereby authorized and empowered without notice and at the cost of, Huyar, to perform or cause o be'performed, any or all of said covenans, agreemens and obligations, end o espend such. sums of tnorey es may btu reasonable ihefefor,. or far any other purpose which in the opinion bf Seller is reasonably necessary for the protection of Seller, Seller's lint, mve6mlenr or prmperty. All such sums of money ate expended by Seiler, together with lnterw[ thereon, ar the ono aforesaid, from the several dams of expenditure Wereof until paid, shall become am much additional indebtedness ender this Agreement and shall be repaid by Buyer o Seller, in lawful money of the United Santa of America, immediately and without demand, at the same place or places m odic sums are payable hereunder, odes- Heller shall agree that such sums be otherwise repaid, in which-event such repayment shall be made by' Buyer o Seller at aehtimas and In such manner as 5ellu shall requite. Any failure, negiemr or rafuset by Buyer o repay such sums as heroin provided shall comtimte default hereunder. Any paymms made under rite arms oP this Agreement may, at the eleUion of Seller, be applied lust to the `epaymeu of my soma Seller shall have expended in accmrdance with the orma hereof. VI l5. Buyer hereby assigns, trmsfea, and sets over to Seller, up-to the amoam of the total indebtedness of Buyer to Seller herennder, ail of Buyer's right, title, add interest in or to•all awards and claims in correction with oondeinnation of my of the propert y for public use, or for injury to any portion theieaf, an it theprocceds of ail such awardsor claims, after payment therefom of all reasonable expenses incurred, including fees for -hoorays representing or N any such proceeding, snail be paid to Seller and Buyer's obligation hereunder shall thereby he reduced an equal amount except to fha extort Seller elects to use the funds to unprove the properly in eccocdarrca with paa9 cap It 16. Seiler is'hereby authorized in the name of Buyer to execute and deliver valid acgdittances thereof and to appeal from or otherwise appropriately litigale_enyor all of sucin awards or claims. Seller shall be under ao obligation hereunder.to sell or cAnvey all or my part of the, property, or right or interest therein which is condemned. - - - 16. All moneys received by Seller under my policy or policies of insurance of any condemnation award or other awed after payment therefrom of all reasonable expenses incurred in connection therewith, including fees for moneys, representing Seller, may at the.option of Seder be used for the purpose of repairing, restoring, or improving the damaged structure upon the property, or may be credited on the indebtedness in accordance with the provisions of this Agreement. 17. Execution and acceptance of this Agreement by the Buyer comatindes delivery to and acceptance by Buyer of possession of. the properly 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 satisfiedwith its and their condition, and that the property and the buildings and improvements thereon erected in such condition are being bought and accepted without my representation whatsoever by the Seller, except as may be "provided in paragraph 1l of Agreement of Sale dated - . The Buyer assumes responsibility for injury or death on or arising out of the property and also assumes the risk of loss or damage to the buildings now situate, or hereafter constructed, in or upon said property by fire, casualty, or other happening and shall indemnify and save the Seller harmless from all loss arising from or by reason of these events or, incidents. . 18. Time is of the essence -of this Agreement and if default be made and continue for a period of thirty (30) days in the payymem of my of the installments of principal, interest, or my other items hereinbefore stipulated, when the same become severalhy due hereunder, or in the payment of my other sum herein agreed to he paid by Buyer, or if default be made in the performance by Buyer of my other agreement, caveman, or obligation of Buyer hereunder, then. in either, or my of said events, the whole unpaid balance due under the terms of this Agreement sball, at the option of Seller, immediately become due and payable and Seiler may, at his/her option, (a) terminate by simple declaration of an election so to do with or without notice, all of Buyer's rights under this Agreement and all of Buyer's right, title, and interest in the property; or (b) terminate all of Buyer's rights under this Agreement and all of BuyeYS right, tide, and interest in the property in my appropriate proceeding, legal or equitable; or (c) enforce Buyer's obligation hereunder m my appmpriae proceeding, leggalor equitable. Buyer agrees to pay.ali mats and expenses, including a reasonable sum for attorney's fees incurred by Seller is terminating Buyer's rights 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 my are initiated to establish or.maintain.Seller's right or title to, and possession of said. property, after breach by Buyer, free of my tide or claims of Buyer. - 19. Upon Seller exercising the right of termination as provided herein; all rights, estate and interest herebyy created and then existing in Buyer and in my and all persons claiming under Buyer, shall wholly cease and determine. Buyer anal thereupon quit and surrender to Seller without demand, peaceful possession of said promises in as good condition as they now are, reasonable wear and tear alone excepted. In the"ant Buyer neglects or refuses to surrender such possession when obligated so to do it shall be lawful for Seller to enter upon and take possession of such premises without notice and remove all persons and their property, . 20. The Provisions of paragraph 19 and 20 of this Agreement shall also apply, at the option of Seller, to (1) my violation or breach of any of the covenants,, conditions, or restrictions, indicated in this Agreement or which may be of record, and (2) to my violation of any laws or ordinmdes in any.manner affecting said property. - 21. Seller agrees upon receipt of peymenta 1n accordance with the provisions hereof, of the entire principal sum with interest, to execute amt deliver a spechal Warranty Dead on VA Form 26-6436a conveying the title to said properly to Buyer in such manner and rotor as Salter elect. Such deed may be delivered at such-earlier. time as Seller may elect, Said Deed will be on Seller's form and conveyance shall be made order and subject to any restrictions, reservations, and exception of record and also subject to all National and State laws, stetotea, and regulations, than affecting the transfer of real. estate or of my right therein. In the event my pelt of said principal anti shall not have been paid at the time of the execution and delivery of the deed to said property. Buyer shall slmultaneously execute and deliver to Seller a Mortgage Note in the just or principal' sum remaining unpaid, together wiW interest (hereon at the rate provided in paragraph 4 hereof, payable in installments of the acme amounts as stated in said pazagaph, and a purchase money mortgage of said premises to secure the sane, which mortgage. shall be a first lien on the property; the Mortgage Note and Mortgage shall bear the same date as said Deed; they shall be on the forms of such Instruments then in use by the Department of Veterans Affairi or its successor in interest,- modified and amended as to such terms, conditions an d detmed pmvnsiom as are in cest et with this Agreement. - 22. Buyer represents and covenants then Seller's title is. satisfactory to Buyer as of the date hereof. 23. Buyer shall pay for ail recording, transaction, transfer, conveyance, and other taxes upon this Agreement and upon any deed, bond, mortgage, or other instrument executed under the terns and provisions of this Agreement, and for all revenue, documentary, or other stamps required to be affixed to my such instrument and shall also pay the fees for recording the deed and the mortgage, if my, when executed, as well m all costs and expenses for such title search as the Buyer may elect to have made. 24. The Buyer shall notify, the Seller of an assignment of the Buyer's, interest in this contract. Seller may at my time sell and convey the property subject to this Agreement and may assign this Agreement and my and all rights hereunder without the consent of the Buyer.. - 25. Any notices from one party hereto to the other party shall be in writing and delivered in person or forwarded by certified mail. Notices shall be addressed to the property heminabove described unless written of a different address shall have been previously delivered to Softer, in which, event notice shell be seat to such address. Notices to Seller shall be addressed to the Loan Guaranty Officer, Department of Veterans Affairs at the Office where this Agreement is executed until Buyer is notified in writing of a changed address. Thereafter my notice shall be soot to the last address of which Buyer shall have been notified. 26. Buyer hereby suthorizes and empowers my attorney of my court in the Commonwealth of Pennsylvania or elsewhere to appear for them and each of them in my and all actions to be brought for my breach or default of the terms of this Agreement and hereby confesses judgment in favor of the Seller for the whole amount of the principal sum and any interest remaining unpaid thereon, whether the same shall have been due or cot, together with m attorney's commission or fee of five (5%) percent, with or without prior decimation made, waiving stay of execution, inquisition, and all exemption laws. 27. And the said Buyer hereby, upon the breach of my of the conditions of this Agreement, authorizes any attorney of any court of Record to appear for them and each of them and enter an amicable action of ejectment and confess a judgment-of electrical therein for the premises herein described and do authorize the immediate issuing and execution of a writ of habere fairies possessionce with clauses of-fieri facial for costs and rive (5%) percent attorney's commission or fee, without asking leave of court. 28. All moneys paid by Buyer to Seller under the terms of this Agreement shall be retained by Sella as compensation for the use and occupancy of the property, consideration for the execution of this Agreement and net as liquidated damages to Seller for default or as a penalty. 29. Failure or delay of the Sella to enforce any right or to exercise any option hereunder available because of my default shall not operate so a waiver of the right of the Seller to thereafter enforce such right a to exercise such option or my other right or option, for the same or for any subsequent default. 30. Buyer expressly agrees that the rights and remedies herein granted Sena in the event of default, to enforce the terms and conditions of this Agreement, the recovery of damages for any breach, or possession of the above described property, may be exercisable as often as there is default on the part of Buyer and shall not be exhausted by one or more uses thereof, and that it shall not be necessaryto file the original of this contract as a warrant of attorney if a true copy hereof shall be filed in my action. 31. The covenants, obligations, liabilities, terms and provisions herein contained shall be binding upon, and the benefits and advantages hereunder shall-inure to the Buyer jointly and severally and to their and each of their respective heirs, executors, administrators, and assigns, and to the successors and assigns of the Seller. 32. This Agreement shall not be recorded in the office for the recording of deeds or my other office or place of public record. if Buyer causes it to be recorded he/she will be considered in default with the right of Seller to forthwith terminate this Agreement and to enforce and exercise Seller's rights hereunder became of such default. 33. Buyer understands and agrees that if this Installment Agreement is terminated by Buyer or Seller, my remaining amount of the rehabilitation loan in the hands of an escrow agent shall immediately be returned to Seller (Department of Veterans Affairs). 34. This loin may be declared immediately due and payable upon trmafer of the property securing such tom to arty transferee, unless the acceptability of the assumption of the loan is established either pursuant to. the provisions of section 3714 of chapter 37, title 38, United State Code, or by the low holder if the loan has base sold without recourse. 35. A fee eeqqual to mic-half of t percent of the balance of this loan as of the date of transfer shall be payable to the Department of Veterans Affairs at the time of transfer. If the assumer fails to pay this fee at the time of transfer, the fee shall constitute an additional debt to that already secured by this instrument and shall bear interest at the rate herein provided, and,. at the option of the payee of the indebtedness hereby secured or my brawface hereof, the full indebtedness hall be immediately due and payable. This tee is auu maticatly waived if the sawnser is exempt under the provisions of 38 U.S.C. 3729(b). The assume is not obligated to pay this fee if the Department of Veterans Affairs has sold this low without recourse. - 36. Upon application for approval to allow assuiption of this loan, a processing fee. may be charged by the Department of Veterans Affairs a its successors or assigns for determining the creditworthiness of the assuma and subsequently revising the ownership records when an approved transfer is completed. The summit of ibis charge shall not exceed $300. IN WITNESS WHEREOF, the Seller has caused this instrument to be signed and sealed in his/her Dame an din hisher 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, sort the Buyer has hereunto net his/her individual hand and seal on the day and year first above written. NOTICE - THIS. DOCUMENT MAY NOT/DOES NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT. UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OF OWNERS OR SUCH COAL MAY HAVE/HAVB 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 MIGHTS OR ES'T'ATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. - (This notice is set forth in the mama 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 my.) SEALED AND DELIVERED IN THE PRESENCE OF The /J ?, ,?foj? Veterans Affairs By...SEAL] j/ Armes P. DiBenedetto U Tittle:. 6St ng Loau_Guarauty VA 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.) Buyer) . RICHARD L. NEENNAA?NIII 4rftti!rlt.N' CLARAMAE B. NEENAN (Btryer) ._-_.__..._------- ...___.______._._.-__....__-.__.__? BEAU (Buyer') L - Exhibit "B" CHL PENNSYLVANIA etFanoi ?20Title38U.S.C. ; IIllllllllllllllllll?IIIIIU?IIIII?II{INIII IIINIIIBIIIIIIIIIIIIIIIIIBNIfN . , 610 021827070 WDT 001 001 000218270702005N THIS INDENTURE made this 27th day of February, A.D. 2003, between the Secretary of Veterans Affairs, an Officer of the United States of America, whose address is Depaitment of Veterans Affairs, Washington, D.C. 26420, hereinafter called the Grantor and- Deutsche Banc National Trust Company, As Trustee For Vendee Mortgage Trust 2003-1, Without Recourse, Except As Provided In A Pooling And Servicing Agreement Dated February 1, 2003, a trust which is established under the laws of the STATE OF CALIFORNIA, having its principal place of business at c% Countrywide Home Loans, 1800 Tapo Canyon Rd., MSN SV-103, Simi Valley, CA 93063. herein called Grantee: WITNESSETH that the said Grantor(s) for and in consideration of the NINETY-FIVE THOUSAND SIX HUNDRED AND FOUR DOLLARS WITH 73. CENTS. ($ 95604.73) DOLLAR(S). the receipt whereof was acknowledge, hereby grants, bargains, sells, aliens, enfeoffs, releases, and confirms unto the said Grantee and Grantee's heirs or successors and assigns, BEGINDTING - LEGAL DESCRIPTION (SEE ATTACHED EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.) TAX ID: 08-32-2326-0022 BEING: 91 COLD SPRINGS RD, CARLISLE. PA 17013 *** 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, e4uity, 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 hereditament 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. C.0 . r__ rs .nr v ? Rf.n CS *** Property situated in Dickinson Township county of Cumberland a,r, o j ?Ptn and Commonwealth of Pennsylvania, herein referred to as the cs • . property" and more fully described as abovd. °' en r `$ r -n r BOOK 257 PAGE= a '? 000218270702005N IN WITNESS WHEREOF, Grantor on the day and year first above written has caused this instrument to be signed 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, and Title 38, Code of Federal Regulations, Section 36.4342 and 36:4520, pursuant thereto, as amended, and who is authorized to execute this instrument. SEALED AND DELIVERED IN THE PRESENCE OF- Ivette Osorio Jacob Bass The Secretary of Veterans Affairs *B [Seal] RICHARD STRAYER Title: Authorized Officer Countrywide Home Loans as Authorized Officers for Veterans Affairs Regional Office or Regional Office & Insurance Center Phila., PA Telephone (805) 577-4800 (P.ursuant.to a delegation of authority in VA Regualtions, 38 C:F.R., 36.4342 and 36.4520.) STATE OF CALIFORNIA, ] ) SS COUNTY OF VENTURA ] On this 27th day of February; 2003, before me, Stanley W. Shaw, Notary Public, personally appeared, Richard Strayer, personally (mown to me to be the persons whose name is subscribed to the within instrument and aclwowledged to me that they executed" the same in their authorized capacities, and that by their signature on the instrument the persons, or entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. STANLEY W..SHAW D Commission # 1291690 Notcl(y tc - Califomla S§ Ventura County Stanley W. Shaw ti+yconm•6wiesxm2t.aios Notary-Public - Commission No. 1291690 Commission Expires: January 21, 2005 I hereby certify that the precise residence of the within-named Grantee is: *Print, typewrite, or stamp names of eaeh.party Send tax bills to: Countrywide Home Loans, Attn: Andrea Cannata 1757 TVo Canyon Road MSN SV-34 Simi Valky, CA. 93063 each signature. BOOK 257 PAGd933 Exhibit "C" ACT 91 NOTICE (INSTALLMENT CONTRACT) TAKE ACTION TO SAVE YOUR HOME FROM DATE: December 6, 2005 EVICTION TO: Richard L. Neenan, III Claramae B. Neenan 91 Cold Springs Road 91 Cold Springs Road Carlisle, PA 17013 Carlisle, PA 17013 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 your home is in default and the lender intends to start eviction proceedings Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE Take this Notice with you when you meet the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Richard L. Neenan, III and Claramae B. Neenan PROPERTY ADDRESS: 91 Cold Springs Road, Carlisle, PA 17013 LOAN ACCT. NO.: 21827070 CURRENT LENDER/SERVICER: Countrywide Home Loans, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE, • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR CONTRACT PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF TERMINATION OF YOUR CONTRACT-Under the Act, you are entitled to a temporary stay of eviction on your contract for thirty three (33) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR CONTRACT UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR CONTRACT DEFAULT" EXPLAINS HOW TO BRING YOUR CONTRACT UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR CONTRACT ASSISTANCE-Your contract is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (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. FUTURE INSTALLMENT PAYMENTS AGENCY ACTION Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no eviction proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have riled bankru tc you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR CONTRACT DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The CONTRACT debt held by the above lender on your property located at: 91 Cold Springs Road, 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: 7/01/05 through 12101/05 at 1 @ 75235; 5 @ 960.85 per month. Monthly Payments Plus Late Charges Accrued: NSF: Inspections: Other - Escrow: Other - Expenses: (Suspense): Total amount to cure default $5,663.55 $0.00 $50.00 $296.29 $325.00 $0.00 $6,334.84- See paragraph below headed "HOW TO CURE THE DEFAULT" B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A *HOW TO CURE THE DEFAULT-You may cute 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 $6,334.84, 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 by cash, cashier's check, certified check or money order made payable and sent to: PHELAN HALLINAN & SCHMIEG, L.L.P., One Penn Center at Suburban Station, 1617 JFK Blvd., Suite 1400, Philadelphia, PA 19103-1814. You can cure any other default by taking the following action within THIRTY THREE (33) DAYS from the date of this letter. (Do not use if not applicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY THREE(33) DAYS from the date of this Notice, the lender intends to exercise its rights to accelerate the contract debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the contract in monthly installments. If full payment of the total amount past due is not made within THIRTY THREE(33) DAYS, the lender also intends to instruct its attorney to start legal action to start eviction proceedings upon your contract property. IF THE CONTRACT IS TERMINATED- If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY THREE (33) DAY period, you will not be required to nay attorney's fees OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the contract. RIGHT TO CURE THE DEFAULT PRIOR TO EVICTION-If you have not cured the default within the THIRTY THREE (33) DAY period and eviction proceedings have begun, you still have the right to cure the default and prevent the eviction at any time up to one hour before the eviction You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the eviction and any other costs connected with the eviction as specified in writing by the lender and by performing any other requirements under the contract. Curing your default in the manner set forth in this notice will restore your contract to the same position as if you had never defaulted, EARLIEST POSSIBLE EVICTION DATE-It is estimated that the earliest date that such eviction from the property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the eviction will be sent to you. Of course, the amount needed to cure the default will increase the longer you wait. You may 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 DEFAULT IN ANY EVICTION PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE CONTRACT DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THELENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED If this is the first notice that you have received from this office, be advised that: you may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise the debt will be assumed to be valid, Likewise, if requested within thirty (30) days from receipt of this letter, the firm will send you the name and address of the original creditor if different from above. Very truly yours, PHELAN HALLINAN & SCHMIEG, L.L.P. FH/mas Cc: Countrywide Home Loans, Inc. Attn: Lacey Nogueira Account No.: 21827070 Mailed by 1" Class Mail and by Certified Mail Nos: 7005 1820 0000 1845 6346/6353 VERIFICATION Michele M. Bradford, Esquire hereby states that she is attorney for 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 make this verification pursuant to Pa. R. C. P. 1024 (c), and the statements made in the foregoing Civil Action are based upon information supplied by Plaintiff and are true and correct to the best of her knowledge, information, and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of Pa. C. S. Sec. 4904 relating to unworn falsification to authorities. Michele dford, Esquire Attorney for Plaintiff Date: 2 11104 '64. _ ? ? ? ? ?'t #, ?.. 'V ?N W c `??- `) V _ to ?, ; ?? ??; _ , _ ' 'i _n . r ' ? ri I ti i - ? (. j ? 1?? : 7 <,' ? ? : SHERIFF'S RETURN - REGULAR CASE NO: 2006-00819 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS NEENAN RICHARD L III ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon OCCUPANT the DEFENDANT , at 1900:00 HOURS, on the 13th day of February , 2006 at 91 COLD SPRINGS ROAD CARLISLE, PA 17013 by handing to JOHN OSBORN 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of ?T! A. D. Protho tar So Answers: R. Thomas Kline 02/14/2006 PHELAN HALLINAST SCHMIEG By: ty SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00819 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS NEENAN RICHARD L III ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT NEENAN RICHARD L III but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT NOT FOUND , as to the within named DEFENDANT NEENAN RICHARD L III 91 COLD SPRINGS ROAD CARLISLE, PA 17013 DEFENDANT LIVES IN MIDDLETOWN Sheriff's Costs: So answers: Docketing 18 .00 _ Service 6 .16 Not Found 5 .00 R. Thomas Kline Surcharge 10 .00 Sheriff of Cumberland County .00 39 .16 PHELAN HALLINAN SCHMIEG 02/14/2006 Sworn and subscribed to before me this??yy d3PGx day of P thonotar SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00819 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS NEENAN RICHARD L III ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT NEENAN CLARAMAE B unable to locate Her in his bailiwick COMPLAINT - EJECTMENT , but was He therefore returns the NOT FOUND . as to the within named DEFENDANT , NEENAN CLARAMAE B 91 COLD SPRINGS ROAD CARLI 013 DEFENDANT LIVES IN MI Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers ..I R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 02/14/2006 Sworn and subscribed to before me this ?3rdql day of A. D Peothonot 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 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 Plaintiff vs. Richard L. Neenan, III, Claramae B. Neenan Or occupants Defendants Attorney for Plaintiff Court of Common Pleas Civil Division NO. 06-819 Civil Term Cumberland County PRAECIPE TO REINSTATE CIVIL ACTION/EJECTMENT TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Ejectment with reference to the above captioned matter. / W4C'z- Michele M. Bradford, Esquire Attorney for Plaintiff Date: November 16, 2006 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00819 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS NEENAN RICHARD L III 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: NEENAN RICHARD L III but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT - EJECTMENT in his bailiwick. He therefore County, Pennsylvania, to On December 15th , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thom4's Kline Dauphin County 41.25 Sheriff of Cumberland County .00 78.25 12/15/2006 PHELAN HALLINAN AND SCHMIEG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00819 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS NEENAN RICHARD L III 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: NEENAN CLARAMAE B but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within NOTICE COMPLAINT IN EJECT County, Pennsylvania, to On December 15th , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers* Docketing 6.00 l Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumber and County .00 16.00 /"t/of/06 12/15/2006 PHELAN HALLINAN AND SCHMIEG Sworn and subscribe to before me this day of , A. D. • In The Court of Common ]Pleas of,Cumberland County, Pennsylvania' Deutsche Bank National Trust Company VS. Richard L. Neenan III et al SERVE: Claramae B. Neenan No 06-819 civil No. Now, November 22, 2006 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original Sworn and subscribed before me this day of , 20 So answers, the contents thereof. t . Sheriff of er-ounCPA COSTS SERVICE $ MILEAGE C: AFFIDAVIT 20 , at o'clock M. served the In The Court of Common Pleas of Cumberland County, Penaisylvaida Deutsche Bank National Trust CaTpany VS. Richard L. Neenan III et al SERVE: Richard L. Neenan III No. 06-819 civil Now, November 22, 2006 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M. served the within. upon at by handing to a and made known to _ So answers, Sheriff of . County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT copy of the original the contents thereof. Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania DEUTSCHE BANK NATIONAL TRUST CO ET AL vs County of Dauphin NEENAN CLARAMAE B Sheriff's Return No. 1879-T - - -2006 OTHER COUNTY NO. 06 819 AND NOW:December 7, 2006 at 10:58AM served the within REINSTATED COMPLAINT NEENAN RICHARD L III upon by personally handing to KATHERINE DONICKER, PERSON IN CHARGE 1 true attested copy(ies) of the original REINSTATED COMPLAINT and making known to him/her the contents thereof at 105 WYOMING AVENUE MIDDLETOWN, PA 17057-0000 Sworn and subscribed to Before me this 7TH day of DECEMBER, 2006 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 Office of t4e ?hrrfff So Answers, Sheriff of Dauphin County, Pa. By V `---40 Deputy Sheriff Sheriff's Costs:$0.00 PD 11/27/2006 RCPT NO 223911 SS Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania DEUTSCHE BANK NATIONAL TRUST CO ET AL vs County of Dauphin NEENAN CLARAMAE B Sheriff's Return No. 1879-T - - -2006 OTHER COUNTY NO. 06 819 AND NOW:December 7, 2006 REINSTATED COMPLAINT NEENAN CLARAMAE B upon by personally handing to KATHERINE DONICKER, PERSON IN CHARGE 1 true attested copy(ies) of the original REINSTATED COMPLAINT and making known to him/her the contents thereof at 105 WYOMING AVENUE MIDDLETOWN, PA 17057-0000 Sworn and subscribed to before me this 7TH day of DECEMBER, 2006 'Ile NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 qqj-re of t4e ob?4eriff at 10:58AM served the within So Answers, ? )( e;l*? Sheriff of Dauphin County, Pa. Deputy Sheriff Sheriff's Costs:$0.00 PD 11/27/2006 RCPT No 223911 SS Phelan, Hallinan & Schmieg, LLP. By: Francis S. Hallinan, Esquire Atty. I.D. No. 62695 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 2003-1 without recourse, except as provided in a Pooling and servicing Agreement dated February 1, 2003 Court of Common Pleas Civil Division Richard L. Neenan, III. and Claramae B. Neenan, John Osborn Cumberland County Or occupants No. 06-819 Civil PRAECIPE TO VACATE FOR POSSESSION TO THE PROTHONOTARY: Plaintiff hereby VACATES the Judgment for Possession filed in the above matter on January 17, 2007. January 22, 2007 Date Fr cis S. Hallinan, Esquire Attorney for Plaintiff Jt- L F 'A PHELAN HALLINAN & SCHMIEG By: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 vs Richard L. Neenan, III. Claramae B. Neenan, John Osborn and/or occupants 91 Cold Springs Road Carlisle, PA 17013 TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 06-819 Civil Term Cumberland County Kindly enter Judgment in Ejectment in favor of the Plaintiff, Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 and against the Defendant(s) Richard L. Neenan, M. and Claramae B. Neenan, John Osborn and/or occupants for possession of premises 91 Cold Springs Road, 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. Michele M. Bradford, Esquire Attorney for Plaintiff Default Judgment entered as indicated above. DATE a , PHELAN HALLINAN & SCHMIEG Michele M. Bradford, Esquire m# 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 Without recourse, except as provided in a Pooling And Servicing Agreement dated February 1, 2003 COURT OF COMMON PLEAS CIVIL DIVISION vs Richard L. Neenan, III., Claramae B. Neenan And/or occupants TO: Richard L. Neenan, III. 105 Wyoming Avenue Middletown, PA 17057 DATE OF NOTICE: December 29.2fH)6 No. 06-819-Civil Term Cumberland County "llis 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." IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY COURTHOUSE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG Michele M. Bradford, Esquire ID# 69849 One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 Without recourse, except as provided in a Pooling And Servicing Agreement dated February 1, 2003 vs Richard L. Neenan, III., Claramae B. Neenan And/or occupants TO: Claramae B. Neenan 105 Wyoming Avenue Middletown, PA 17057 DATE OF NOTICE: December 29, 2006 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 06-819-Civil Term Cumberland County **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.** IDZPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY COURTHOUSE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG Michele M. Bradford, Esquire ID# 69849 One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 Without recourse, except as provided in a Pooling And Servicing Agreement dated February 1, 2003 vs Richard L. Neenan, III., Claramae B. Neenan And/or occupants TO: John Osborn (Occupant) 91 Cold Springs Road Carlisle, PA 17013 DATE OF NOTICE: December 29, 2016 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 06-819-Civil Tetra Cumberland County "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." IMPORTANT NOTICE, You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY COURTHOUSE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 %w--rz?? E? Michele M. Bradford, 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 2003-1 without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 COURT OF COMMON PLEAS CIVIL DIVISION vs Richard L. Neenan, 111. Claramae B. Neenan, John Osborn and/or occupants 91 Cold Springs Road Carlisle, PA 17013 No. 06-819 Civil Term Cumberland County Michele M. Bradford, Esquire, hereby verifies that she is Attorney for Plaintiff in the above captioned matter, and that on information and belief, her 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 Richard L. Neenan, III. Or occupants, is over 18 years of age, and resides at 105 Wyoming Avenue, Middletown, PA 17057. (c) That defendant Claramae B. Neenan. Or occupants, is over 18 years of age, and resides at 105 Wyoming Avenue, Middletown, PA 17057. (d) That defendant John Osborn Or occupants, is over 18 years of age, and resides at 91 Cold Springs Road, Carlisle, PA 17013 . This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. Michele M. Bradford, Esquire Attorney for Plaintiff a -94 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) : J, (3 ? 1`?a?,?.P ?/? ? , ? `?`? °'r? ?O, ?1-?. ?Q-e t`?^{ yu ?- l?t?. •-P- ? m??-3 _ ? A. CL_ b. l vu ax ?^t °? (Aa'lnW l (Defendant) No. •- & t g 4,,ZQ Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): ? n • 2. Identify counsel who will argue cases: (a) for plaintiff: e11n Qn etf (-fn C (Name and Address) t6"3- (S't 4 (b) for defendant: C am( R c. 6 D (Name and Address) f `? 7 1 3. I will notify all parties in writing within two days that this case has been listed for argument. e - Y?? 4. Argument Court Date: -J Print your name Date: Attomeycr ?O v 4 L ` t Deutsche Bank National Trust Company, as trustee for Vendee Mortgage Trust 2003-1 without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 7105 Corporate Drive, Plano, TX 75024 Plaintiff VS. Richard L. Neenan III Claramae B. Neenan And/or Occupants 91 Cold Spring Road, Carlisle, PA 17013 Defendants : Court of Common Pleas Civil Division : Cumberland County : No. 06-819 Civil Term CERTIFICATE OF SERVICE I, Edgar R. Casper, Esq., hereby certify that a true and correct copy of defendants Argument Praecipe in the captioned action, dated 29 January 2007, has been served upon the following by prepaid first class US mail on 29 January 2007. PHELAN HALLINAN & SCHMIEG, LLP Attn: Michele M. Bradford, Esquire One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 f ' t -, c Datej-? Edgar t Casper, Esq- L I 1 ?? ??c? ` ,? _ ? `°` -n ?"? 1 c? it ?- y ?"` ? 1 , - ? ? `r? ? '?f--s ?-'' ? ' ?? C-t ?_?f ? ?? . # PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 - 563 - 7000 Deutsche Bank National Trust Company, as trustee for Vendee Mortgage Trust 2003-1 without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 7105 Corporate Drive, Plano, TX 75024 Plaintiff ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-819 Civil Term vs. Richard L. Neenan III Claramae B. Neenan And/or Occupants 91 Cold Spring Road, Carlisle, PA 17013 Defendants DEFENDANTS' PRELIMINARY OBJECTIONS UN THE NATURE OF A DEMURRER) FOR FAILURE TO STATE A CAUSE OF ACTION TO PLAINTIFFS" COMPLAIN'T' NOTICE TO PLEAD TO: Plaintiff You are hereby notified to file a written response to the Enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Edgar aspen, Esquire PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 - 563 - 7000 Deutsche Bank National Trust Company, as trustee for Vendee Mortgage Trust 2003-1 without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 7105 Corporate Drive, Plano, TX 75024 Plaintiff VS. Richard L. Neenan III Claramae B. Neenan And/or Occupants 91 Cold Spring Road, Carlisle, PA 17013 Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-819 Civil Term DEFENDANTS' PRELIMINARY OBJECTIONS (IN THE NATURE OF A DEMURRER) FOR FAILURE TO STATE A CAUSE OF ACTION TO PLAINTIFFS" COMPLAINT Richard L. Neenan III and Claramae B. Neenan, by their undersigned attorney, preliminarily object to Plaintiffs' complaint as follows: 1. Preliminary objection raising the issues of authority and registration of Plaintiffs. 1. Paragraph 1 refers to (1) " Deutsche Bank National Trust Company (`Bank") , as (2) trustee for (3) Vendee Mortgage Trust 2003-1 ("Trust") , without recourse, except as provided in a (4) Pooling and Servicing Agreement dated February 1, 2003" ("Pooling Agreement") without specific identification of what type of entity the Bank trustee is (i.e., is it a division or a wholly owned subsidiary of a corporation or other entity, is it a corporation, a limited liability company, a partnership - formed in what jurisdiction) - and is it authorized to do business in Pennsylvania, and without attaching a complete copy and page two all amendments thereto of the Pooling Agreement - including all agreements and records relating to the purchase of the Installment Sale Agreement and its alleged transfer and sale to the Trustee by the Deed shown in Plaintiffs Exhibit "B" - which is the subject of this litigation and which somehow apparently limits or increases the liability and/or rights of the Trustee in the trust agreement and/or its corpus in the Pooling Agreement referred to in said paragraph. A search of the Corporation Bureau of the Pennsylvania Department of State reveals that the Bank is not registered to do business in Pennsylvania. Trustee is assumed to be a foreign corporation, and pursuant to Adm Code §805 and 806 must register to do business in Pennsylvania and before doing business shall procure a certificate of authority to so do from the Department of State (15 Pa C. S.A. § 4121) and to have authority and capacity to bring a law suit must be registered as a foreign corporation. WHEREFORE, defendants respectfully requests that Plaintiffs complaint be dismissed. 2. Bank and/or Trust is not registered with the Pennsylvania Corporation Bureau under the Fictitious Name Act, 54 Pa. Cons. Stat Ann. § 331 (b) and is accordingly is barred from maintaining this action against Defendants under that Act. WHEREFORE, defendants respectfully request that Plaintiff's complaint be dismissed, or in the alternative stayed, pending Plaintiff's compliance with the Pennsylvania Fictitious Name Act. 3. Without attaching the Pooling Agreement to its complaint, Plaintiff has made it impossible for defendants to know of its significance in this litigation, e.g. does the acquisition of the Installment Sale Agreement ("ISA") by the Trust from the VA contain indemnification or page three other relevant provisions bearing on defendants' rights in this action.. WHEREFORE, defendants respectfully request that the Complaint be dismissed or in the alternative that Plaintiff file a more specific Complaint containing a complete copy of the Pooling Agreement and all amendments or additions thereto. H. All of the persons named in Plaintiffs' averment in paragraph two were never served with the Reinstated Complaint or subsequent notices. The Occupant (Mr. John Osborn , named in the Sherifrs return in the original complaint ) claims to "have never seen anything about the revised Complaint." WHEREFORE, defendants respectfully request that the Complaint be dismissed for failure to serve a named party. M. The deed did NOT convey the Installment Sale Agreement - which agreement has never been assigned by the VA to the Trustee and which is NOT senior but junior in lien. Therefore title is "clouded" and not vested in fee simple in the Trustee. There is no instrument of record or on file in Cumberland County. Therefore, Trustee is not in compliance with an essential prerequisite for maintaining this action. WHEREFORE, defendants respectfully requests that the Complaint be dismissed.. IV. The Plaintiffs are not in compliance with Act 91 in that Trustee's servicing agent Countrywide Home Load, Inc. ("Countrywide" / "Servicer") has continually refused to provide relevant information as requested - as provided by Act 91. WHEREFORE, defendants respectfully request that the Complaint be dismissed pursuant to Act 91. page four V. Plaintiffs have failed to comply with R.C.P. 1054 (b) by not providing an abstract of title upon which they can rely. WHEREFORE, defendants respectfully request that the complaint be dismissed. VIII. Verification. The verification of the reinstated complaint by Plaintiffs' counsel rather than by Plaintiffs is not in conformity with R.C.P. 1028 (a) (2) in that the verification of the original complaint by Plaintiffs' counsel stated that the counsel intended to substitute , when time allowed, verification by Plaintiffs - and ten months have elapsed between the filing of the original complaint and the reinstated complaint. WHEREFORE, defendants respectfully request that Plaintiffs' complaint be dismissed. WHEREFORE, defendants respectfully request the Court to grant these preliminary objections and to dismiss all counts of Plaintiffs' Complaint. Respectfully submitted, 29 January 2007 Edgar R-Casper, Esquire ` Atty. No 6895 105 Locust Street Harrisburg, PA 17101 Tel. 717-234-4931 Fax - 717-234-0060 Attorney for Defendants VERIFICATION Richard L. Neenan III and Claramae B. Neenan, hereby state that they are two of the defendants in this matter, that they are authorized to make this verification pursuant to Pa. R.C.P. 1024 and that statements made in the foregoing Preliminary Objections to the Plaintiff's complaint are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this statement is made subject to the penalties of Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Richard L. Neenan III Dated 29 January 2007 Claramae B. Neenan Deutsche Bank National Trust Company, as trustee for Vendee Mortgage Trust 2003-1 without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 7105 Corporate Drive, Plano, TX 75024 Plaintiff VS. Richard L. Neenan III Claramae B. Neenan And/or Occupants 91 Cold Spring Road, Carlisle, PA 17013 Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 06-819 Civil Term CERTIFICATE OF SERVICE I, Edgar R. Casper, Esq., hereby certify that a true and correct copy the Preliminary Objections in the captioned action, dated 29 January 2007, has been served upon the following by prepaid first class US mail on 29 January 2007: PHELAN HALLINAN & SCHMIEG, LLP Attn: Michele M. Bradford, Esquire One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Dale G% Edgar Casper, Esq. ?1 N -....r C"'y __ . _. ? _r7 ?' f r r ? _ ? ? ? ?' { i.'7 i "t"! ? ? ?- } R1 --'1 PHELAN HALLINAN & SCHMIEG By: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza., Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse Except as Provided in a Pooling and Servicing Agreement dated February 1, 2003 vs Richard L. Neenan, III. Claramae B. Neenan John Osborn and/or occupants 91 Cold Springs Road Carlisle, PA 17013 TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 06-819 Civil Term Cumberland County Kindly enter Judgment in Ejectment in favor of the Plaintiff, Deutsche Bank National Trti Trustee for Vendee Mortgage Trust 2003-1 without recourse Except as Provided in a Poolin Agreement dated February 1, 2003 and against the Defendant(s) Richard L. Neenan, III. ai Neenan, John Osborn and/or occupants for possession of premises 91 Cold Springs Roa' 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 int( praecipe for Entry of default Judgment was mailed to Defendant(s), a true and correct cc attached hereto. Company, as and Servicing Claramae B. Carlisle, PA to file a of which is i' 7Y? Michele M. Bradford Est Attorney for Plaintiff Default Judgment entered as indicated above. DATE ire PHELAN HALLINAN & SCHMIEG 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 2003-1 without recourse Except as provided in a Pooling and Servicing Agreement Dated February 1, 2003 COURT OF COMMON PLEAS CIVIL DIVISION vs Richard L. Neenan, III. Claramae B. Neenan And/or occupants No. 06-819 Civil Term Cumberland County TO: Richard L. Neenan, III. 105 Wyoming Avenue Middletown, PA 17057 DATE OF NOTICE: .ianuary 18, 2007 **This firm is a debt collector attempting to collect a debt and any information obtained will be used for that p rpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not d should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property.** IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attornt 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 without a hearing and you may lose your property or other important rights. You should take th. lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the folio% find out where you can get legal help: CUMBERLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 Michele M. Bradford, Esquire Attorney for Plaintiff and file in gatnst you notice to a a office to CC: Edward Casper, Esquire PHELAN HALLINAN & SCHMIEG Michele M. Bradford, Esquire lD# 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 2003-1 without recourse Except as provided in a Pooling and Servicing Agreement Dated February 1, 2003 vs Richard L. Neenan, III. Claramae B. Neenan And/or occupants TO: Claramae B. Neenan 105 Wyoming Avenue Middletown, PA 17057 DATE OF NOTICE: January 18, 2007 COURT OF COMMON PLEAS CIVIL DIVISION No. 06-819 Civil Term Cumberland County "This firm is a debt collector attempting to collect a debt and any information obtained will be used for that p rpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not d should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property.** IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorn? 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 without a hearing and you may lose your property or other important rights. You should take thi lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the follow find out where you can get legal help: CUMBERLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 c?c 7Y,7. 6-, Michele M. Bradford, Esquire Attorney for Plaintiff and file in gamst you notice to a tg office to CC: Edward Casper, Esquire PHELAN HALLINAN & SCHMIEG 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 2003-1 without recourse Except as provided in a Pooling and Servicing Agreement Dated February 1, 2003 vs Richard L. Neenan, III. Claramae B. Neenan And/or occupants TO: John Osborn (Occupant) 91 Cold Springs Road Carlisle, PA 17013 DATE OF NOTICE: January 18. 2007 COURT OF COMMON PLEAS CIVIL DIVISION No. 06-819 Civil Term Cumberland County "This firm is a debt collector attempting to collect a debt and any information obtained will be used for that p rpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not d should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property." IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorne 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 without a hearing and you may lose your property or other important rights. You should take tlhi lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the followi. find out where you can get legal help: CUMBERLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 29-24,t,c?2Z - - Michele M. Bradford, Esquire Attorney for Plaintiff and file in gamst you notice to a P- office to CC: Edward Casper, Esquire PHELAN HALLINAN & SCHMIEG By: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse Except as Provided in a Pooling and Servicing Agreement dated February 1, 2003 vs Richard L. Neenan, III. Claramae B. Neenan John Osborn and/or occupants 91 Cold Springs Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 06-819 Civil Term Cumberland County Michele M. Bradford, Esquire, hereby verifies that she is Attorney for Plaintiff in the abc 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 or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of C amended. captioned or its Allies, of 1940, as (b) That defendant Richard L. Neenan, III., is over 18 years of age, and resides at 105 Wyoming Avenue, Middletown, PA 17057. I (c) That defendant Claramae B. Neenan, is over 18 years of age, and resides at 105 W Middletown, PA 17057. (c) That defendant John Osborn. Or occupants, is over 18 years of age, and resides at 91 Road, Carlisle, PA 17013. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating falsification to authorities. Michele M. Bradford, Es4? Attorney for Plaintiff Avenue, Springs unsworn fiJ W M Cll? 41 P+.J i t O -n r 1 i l PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse Except as Provided in a Pooling and Servicing Agreement dated February 1, 2003 vs Richard L. Neenan, III. Claramae B. Neenan John Osborn and/or occupants 91 Cold Springs Road Carlisle, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION No. 06-819 Civil Term Cumberland County PR,4ECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 91 Cold Springs Road, Carlisle, PA 17013 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 91 Cold Springs Road Michele M. Bradford, ATTORNEY FOR PI a ( 11 O w n ? 1 The Address of: 91 COLD SPRINGS ROAD CARLISLE PA 17015 CUMBERLAND And is described as follows: ALL TXkT 0TAIN MMTY BITMTED IN TUB TONNS=P OF DID IN THE COMM Or CM02RI40D AND OOMHEALTH OF DEm8YLmiA, awn xe PR)1+LY -msmxm is A DEED DATED 02/37/2003 AND RRCORDED 06/04/7003, AN= THR %AND RECORDS OF THS COUNTY AND STATE SET FORTH ABOVE, IN DEED VOIA MR 351, AND PAW 1932. ADDRRSS, 91 COLD SPRISM RD.; MLIBUR, VA 17013 TAX KILZ 01 PUCEL 10 NO.: 081.32-2326-022 ?t IARATlA '0ANA7ZAR'9 110211 40 PA t"U I WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 r 165 etc.) DEUTSCHE BANK NATIONAL TRUST COMPANI IN THE COURT OF CO MON PLEAS OF ET AL. CUMBERLAND COUNT PENNSYLVANIA No. 06-819 CIVIL Term No. Term vs. Costs RICHARD L. NEENAN, III., Att'y. $ 273.91 CLARAMAE B. NEENAN PI' ff (s) $ JOHN OSBORN AND/OR OCCUPANTS Prothy. $ 1.00 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 deliv r possession of the following described property to: DEUTSCHE BANK NATIONAL TRUST COMPANYL AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2003-1 WITHOUT RECOURSE, EXCEPT AS PROVIDED IN Ai OOLING AND SERVICING AGREEMENT DATED FEBRUARY 1, 2003 being: (Premises as follows): 91 COLD SPRINGS ROAD CARLISLE, PA 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any dant (s) and sell his/her (or their) interest therein. Court of date February 1, 2007 By: (SEAL) Plaintiff (s) i of the defen- Pennsylvania Deputy a a? Y n r c? 0 H O 0 '? rrr} t7 ? ro ? aH b A' ? G1 A? K V Cn ' f3 O (D ?- CD w b b y CD Cn r'n 7d ? n ? ?v O w o `o 00 GT ? ?-r a O f coq fs4 b9 f09 N J C) ?o O By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and C-I 0 W r? ?d Z H a ? v ° C xa? z x oH (-- y En CD HOHcn z y t7 Cn a w G? H M O r z? o?z Y? Ln C-4 M z v zz C7? ?za z cr?U> H M H n O 'd z H Cr] O 0 Mzr 0 C-1 G9? H 9 y7 C i ? O ? ? ry, t a y :iv i t C r1 H Cn C=7 b H Z z O Q z ro O H CHr-3b "C ido 4 C l ?- tjHO> z0 f z i En ?? z z O o O i 0. H C H r to Sworn and subscribed to before me this day of > Prothonotary So Answers, Sheriff By Deputy PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE IDENTIFICATION NO.: 91656 ONE PENN CENTER AT SUBURBAN STATION 1617 J.F.K. BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 7105 Corporate Drive Plano, TX 75024 VS. Richard L. Neenan, III Claramae Neenan 91 Cold Spring Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION No. 06-819 PLAINTIFF'S RESPONSE TO DEFENDANTS' PRELIMINARY OBJECTIONS And now comes Plaintiff, Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Response to Preliminary Objections of Defendants, Richard L. Neenan, III and Claramae Neenan, and in support thereof states as follows: 1. Plaintiff's Response to issues of authority and registration 1. Denied. It is specifically denied that Plaintiff's failure to provide specific identification of "what type of entity the Bank Trustee is" constitutes a valid basis for an objection to the Complaint for Ejectment pursuant to Pa. R.C.P. 1028. Further, it is specifically denied that failure to attach a copy of the Pooling Agreement constitutes a valid basis for an objection to the Complaint for Ejectment pursuant to Pa. R.C.P. 1028. Finally, it is specifically denied that Plaintiff is not authorized to do business in the Commonwealth of Pennsylvania. Pursuant to 15 P.S. §4122(a)(7) and (8), Plaintiff is not considered a foreign corporation doing business in the Commonwealth since its actions are as follows: "(7) Creating as borrower or lender, acquiring or incurring, obligations or mortgages or other security interests in real or personal property; and (8) Securing or collecting debts or enforcing any rights in property securing them." Plaintiff in the instant action is seeking to enforce its rights under a land installment contract. Additionally, Deutsche Bank National Trust Company is registered with the Commonwealth of Pennsylvania as a foreign corporation, as is reflected on the Department of State Corporations website. A copy of Plaintiff's information is attached hereto and marked as Exhibit "A". 2. Denied. It is specifically denied that Plaintiff is barred from maintaining its Complaint for Ejectment. Pursuant to 15 P.S. §4122(a)(7) and (8), Plaintiff is not considered a foreign corporation doing business in the Commonwealth since its actions are as follows: "(7) Creating as borrower or lender, acquiring or incurring, obligations or mortgages or other security interests in real or personal property; and (8) Securing or collecting debts or enforcing any rights in property securing them." 3. Denied. It is specifically denied that failure to attach a copy of the Pooling Agreement constitutes a valid basis for an objection to the Complaint for Ejectment pursuant to Pa. R.C.P. 1028. Plaintiff has standing to bring this ejectment action because it is the record owner of the property. See Exhibit "F". IT. Denied. Plaintiff filed its Complaint for Ejectment on February 9, 2006. A copy of the time stamped Complaint is attached hereto and marked as Exhibit "B". The Complaint was served upon John Osborn, Occupant, on February 13, 2006. A copy of the Sheriff's Return is attached hereto and marked as Exhibit "C". Plaintiff filed a Praecipe to Reinstate its Civil Action in Ejectment on November 20, 2006 pursuant to Pa. R.C.P. 401(b). A copy of the time stamped Praecipe is attached hereto as Exhibit "D". Plaintiff is not required by law to re-serve the Complaint upon the parties upon reinstatement of the Complaint. However, Plaintiff had the reinstated Complaint served upon Defendants at their residence located 105 Wyoming Avenue, Middletown, PA 17057. Service was accepted on behalf of the Defendants by Katherine Donicker, a person who indicated she was a person in charge of the residence. Copies of the Sheriff's Returns are attached hereto and marked as Exhibit "B". Finally, it is specifically denied that Plaintiff revised or amended its original Complaint for Ejectment. Strict proof to the contrary is demanded. III. Denied. The Deed dated February 27, 2003 transferred ownership of the property located at 91 Cold Springs Road, Carlisle, PA 17013 from the Secretary of Veteran Affairs to Plaintiff. A copy of the Deed is attached hereto and marked as Exhibit "F". Pursuant to Paragraph 24 of the Installment Contract, "Seller may at any time sell and convey the property subject to this Agreement and may assign this Agreement any and all rights hereunder without consent of the Buyer." A copy of the Installment Contract is attached hereto and marked as Exhibit "G". The Plaintiff also acquired all rights under the Installment Contract pursuant to the language in the Deed, "Together with ... and all the estate, right, title, interest, property, claims ... whatsoever of the Grantor ... to the same and every part thereof." Plaintiff, as owner and successor-in-interest to the Seller, may proceed with all state court rights afforded the legal owner of property, including, but not limited to, a Complaint for Ejectment. Further, since the installment contract is not recorded with the Recorder of Deeds, a formal assignment would not be filed with the Recorder of Deeds upon transfer of the property from the Secretary of Veterans Administration to Plaintiff. IV. Denied. Plaintiff has complied with the provision of Act 91 by sending an Act 91 letter to the Defendants. A copy of the Act 91 letter is attached hereto and marked as Exhibit "H". Strict proof to the contrary is demanded. V. Denied. It is specifically denied that Plaintiff has failed to comply with Pa. R.C.P. 1054 (b). Plaintiff attached a copy of the Land Installment Contract and Deed transferring ownership of the property located at 91 Cold Springs Road, Carlisle, PA from the Secretary of Veteran Affairs to Plaintiff to its Complaint in Ejectment. Plaintiff is the legal owner of the property pursuant to the Deed dated February 27, 2003. A copy of the Deed is attached hereto as Exhibit "F" VI. Admitted. Plaintiff's servicing agent has executed a verification in support of the Ejectment Complaint, which is attached hereto and marked as Exhibit "I". By way of further answer, a Praecipe to Substitute Verification is being filed simultaneously with the instant Response to Defendants' Preliminary Objections. WHEREFORE, Plaintiff respectfully requests that the Court overrule the Defendants' Preliminary Objections and direct the Defendants to file an Answer to Plaintiffs Complaint. Respectfully submitte d, - Jno Date: February 19, 2007 BY: ??? Jos ph . Schalk, Esquire Att ev for Plaintiff PH LAN HALLINAN & SCHMIEG, LLP 7 J.F.K. Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 EXHIBIT "A" Business Entity z# ? i Page 1 of 2 Corporations Corporations I Forms I Contact Corporations I Business Services Search Business Entity By Business Name Filing History By Business Entity ID Date: 2/16/2007 (Select the link above to Verify view the Business Entity's Verify Certification Filing History) Business Name History Name Name Type DEUTSCHE BANK TRUST Current Name COMPANY NEW YORK BANKERS TRUST COMPANY OF Prior Name NEW YORK DEUTSCHE BANK TRUST Prior Name COMPANY NEW YORK Business Corporation - Foreign - Information Entity Number: 2982832 Status: Active Entity Creation Date: 1/12/2001 8:32:45 AM State of Business.: NY Principal Office Address: % CT CORPORATION SYSTEMS 1515 MARKET ST STE 1210 PHILA PA 19102-0 Mailing Address: No Address Officers Name: PAUL W HIGGINS Title: President Address: [Address Not Available] PA Name: CATHERINE M LYNG Title: Secretary Address: [Address Not Available] PA Name: MICHAEL LOWNEGRUB Title: Treasurer http://www.corporations.state.pa.us/corp/soskb/Corp.asp? 1886597 2/16/2007 Business Entity Address: [Address Not Available] PA Home I Site Map I Site Feedback I View as Text Only I Employment l O U PA Igor-? Copyright © 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement Page 2 of 2 http://www.corporations.state.pa.us/corp/soskb/Corp.asp? 1886597 2/16/2007 EXHIBIT "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 561 7000 215 - ) ( Deutsc"he Bank National Trust Company, as trustee for Court of Common Pleas Vendee Mortgage Trust 2003-1, without recourse, except as provided in a Pooling and Servicing Agreement Civil Division dated February 1, 2003 7105 Corporate Drive Plano TX 75024 Plaintiff Cumberland County No. Q( VS. Richard L. Neenan, III ' AUE COPY FROM RECORD' Claramae B. Neenan fest1ftwy WhefeOJ hive unto set my hi. And/Or Occupants "a l of sale C at CA* Pa. 91 Cold Springs Road I _9 ` y f, Carlisle, PA 17013 Defendants rTutipi C rn ? C WH, A(MONIC:OMPLAiN I ? 13ASED ON AN 1NSTALL T FOR F-YEC'TMF,NT - MF.NT CONTRACT mFr: G -J?- -n M CD nib AV s; 1 . ? FOR SALE OF RE AL ESTATE t ; , Please be advised that this firm is a debt collector attempting to collect a debt. Any inw"ati w j received will be used for that purpose. If you have previously received a discharge in ba tc nd m this debt was not reaffirmed, this correspondence is not and should not be construed to be agar attempt to collect a debt, but only enforcement of a lien against property. J 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 COPY 32 South Bedford Street ?? AT Kim I ??t# Carlisle, PA 17013 aRIVF11 L, , (800) 990-9108 PLE4SF PY ly PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 561-7000 Deutsche Bank National Trust Company, as trustee for Vendee Mortgage Trust 2003-1, without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 7105 Corporate Drive Plano, TX 75024 Plaintiff VS. Richard L. Neenan, III Claramae B. Neenan And/Or Occupants 9°1 Cold Springs Road Carlisle, PA 17013 Defendants Court of Common Pleas Civil Division Cumberland County No. . 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, PA 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo ai partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forme escrita sus defensas o sus objenciones a las demanandas on contra de su persona. Sea avisado que si usted no se dafiende, suya sin previo aviso o notificacion. Ademas, la corta puede decidir a favor del demandanto y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perdar dinero o sus propiedadas u o tros derachos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAY A EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 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, IS U.S.C. § 1692 et seq. (1977), defendant(s) may dispute the validity of the debt or any portion thereof. If defendant(s) do so in writing within thirty (30) days of receipt of this pleading, counsel for plaintiff will obtain and provide defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid, likewise, if requested within thirty (30) days of receipt of this pleading, counsel for plaintiff will send defendant(s) the name and address of the original creditor, if different from above. The law does not require us to wait until the end of the thirty (30) day period following first contact with you before suing you to collect this debt. Even though the law provides that your answer to this complaint is to be filed in this action within twenty (20) days, you may obtain an extension of that time. Furthermore, no request will be made to the court for a judgment until the expiration of thirty (30) days after you have received this complaint. However, if you request proof of the debt or the name and address of the original creditor within the thirty (30) day period that begins upon your receipt of this complaint, the law requires us to cease our efforts (through litigation or otherwise) to collect the debt until we mail the requested information to you. You should consult an attorney for advice concerning your rights and obligations in this suit. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as trustee for Vendee Mortgage Trust 2003-1, without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 7105 Corporate Drive Plano, TX 75024 Plaintiff VS. Richard L. Neenan, III Claramae B. Neenan And/Or Occupants 91 Cold Springs Road Carlisle, PA 17013 Defendants Plaintiff is ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. Deutsche Bank National Trust Company, as trustee for Vendee Mortgage Trust 2003-1, without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 7105 Corporate Drive Plano, TX 75024 who is the Seller and Owner of the property at 91 Cold Springs Road, Carlisle, PA 17013. 2. The names and last known address of Defendants is Richard L. Neenan, III Claramae B. Neenan And/Or Occupants 91 Cold Springs Road Carlisle, PA 17013 who are the Buyers or Occupants of the property at 91 Cold Springs Road, Carlisle, PA 17013. 3. On or about October 23, 2002, the Administrator of Veterans Affairs, Plaintiffs Assignor, and Defendants entered into an Installment Contract for Sale of Real Estate for the property at 91 Cold Springs Road, 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 February 27, 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 1, 2005 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. 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: By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" 1 ??ffl ,VA:?RM 26-6336e (cg) 10-10-6-0540863 Revised SF.P 1 1998 10-10-7-0019240' INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE - PENNSYLVANIA. THIS LOAN MAY NOT BE ASSUMED WITHOUT THE PRIOR APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, SUCCESSORS. OR ASSIGNS. 1. THIS AGREEMENT, made the 23rd day of October, , WM . by =4 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. (of the first ppaarrtt) hereinafter called 'Sella'. and hislher successors in such office. is such, and RI Aol h L. NBENA'N fl[and CLARAMAE B. NBHNAN ' (pally 'of. the scconci part) hereinafter called 'Buyee. 2. W1TNE88ETH, mw it is mutually agreed as follows: The Seller hereby agrees to sell to the Buyer, and the Buyer hereby agrees to purchase from -the Sd W. all that real property situated in Dickinson Township County of Cumberland and Commonwealth of Pennsylvvuia, herein refemcd to as 'the property' and more dilly described as follows: TAR PARCEL 8-32-2326-21 CIIL 066036101 NEENAN _ RL - d-- rim s Road. ?IWUN10???IIIIF? I'?? 91 col Sp g 610 021827070 IC 001 001 Carlisle, PA 17013 _.._ -_---_-. --- ----.__-- _ •. 3. This Agreement is made subject to: (1) Existing leases and to rights, V any, of persons ih.possesdon;if any.- (2) The general taxes and special eta which the Buyer hereinafter covenants to pry. (3) Building line and building and liquor restrictions of record. (4) Zoning and building laws or ordinances. (5) Party wall don or agreements.. (6) Roads and high (7) Cdvenasta. pond tions, exceptions, reservations, restrictions. or easements of record. (8) Rights of all parties claiming by, through, or under theAuyer.. (9) Any state of facts which an accurate survey would show. (10) All unpaid water and aewage-dlsposal drugei for services rendered rfter the date-of ddh1ery of this Agreement. (11) All contracts or agreements, reeordid or.untedorded, for f»m dkq gas, electricity. water, or sewage-disposal service. (12) Tho coostitudon bylaws, rules, regulations, restrictions. charges; or assessments of any civic improvement or other.assodatiom, eorpotation,or district, which iffct t the property. (13) Coal Notice under the Bituminous Mine Sdbsidenee and Land Conservation Act of 1966 allacbdd. The Buyer shall ' and save harmless the Se!!er-from all loss mid liability that arise by.reasbn of say and •dl obligations and liabilities existing or arising out of any of the foregoing matters. 4. Buyer shall pay to Seller for the property the sun of , (S 96500.00 ) in lawful money of'the United States of America at the (Regional Offnee) (Crenter7. Department of Veterans Affairs, an agency of the United Statea,or-at such other place within the United States is die Se1W or the Seller's Agent. may from time to there designate in writing, at the times, is the amounts, and in the manna following: (S 800.00 ) in cash prior to or upon the execution and delivery.of this Agreement aced Me balance of ($ 95700.00 ) berein ve m-ed to as -principal sum' or as 'principal' with interest thereon at the rate of six P=Wt ( 6.00 )'X pa annum, from the date "of :::.•Ootober 23 2002, which said priacipal and interrst on the unpaid portion theroof stern be pryable in equal monthly installments as follows: ($ 573.77 ) on the"first day of December , 2002 , and a Him jum en:tbe first day of each and every month thereafter for 359 caosec dtb e. additiomd months: until aid principstand interest shall have been fpHy paid. Unless sooner paid, the unpaid balance of principal pha'the aoaired iind unpaid interest dial( be" and payable an ft First day of November , 2032 Of the total purchase price paid for the stud described ptopetty,'dw amount of S Is a ntabilitition loan granted pursuant to Pudic Law 100-198, to bd disbursed uhde:a separate Escrow Agreement which rebabilitation Ion bears the aame ate ofinterat as the balance of the amount remaining and to be paid 4ot' me Epept as haielr after otherwise provided, cat h payment me& hereoada•ahsil be credited first an the interest than due-as herdir provided andthe remaindaldudl be aedhal upon unPaid Addldoasll =100100). of F' WC pal in amy saaunt sot less than the a?oaot of the Monday iinrtaUmeab =9=102 whkMver is less, may be made at suy time and shall be created on the unpaid MsWkei as do Bays May elect, or in the abaance of auch election, as Sella may elect. 5. All real estate taxes. aster rests, sews duirges, assessments, an4 other charges payable in4ears subsequent to the year 2002 a:levied atta'.the date of execudoa•of thisAgc?t or-for " whichwe not than completed upon the property. Are and shall be the obligation of the•Buyer, and Buyer covenants toaitme in the manna provided In paragraph seven hereof. Wert dww& and special assessmeata to be paid directly by buyer. i J 6. Bayer shall obtain and continuously maintain boot insurance of such type or types and amounts as the Seller may from time to dune notify Boyer to obtain em die improvements now or he roafta made on said premises and will pay any premiums therefor pia when due. Ali- insurance *Abe carried in companies approved by Seller and policies and renewal thereof shall be UeAd?by Seiler and have:Wtadied thereto less payable clauses is Error of, Sella as-Secretary -of Vctcraa? Affairs in atxeptable fora. In the event of loss; Buyer will give immediate notice by main to Seller and Seller may, but is not under duty to maim proof of last, if Much proof is trot made promptly by Bayer. Ali Insurance carriers are hereby authorized and directed to make payments for such loss directly to Seller instead of to Buyer and Se1kt Jointly. The proceeds from the payment of such loss or sigh part thereof may be applied by Seiler dither to rehucton of the indebtedness or to the restoration and repair of the property damaga- 7. Together with and in addition to the monthly payments of and interest payable under the terms hereof, Buyer will pay the Sella on the first day of each month until do terms of this contract have been fully complied with, the following sums: (a) Such amount or amounts as may be necessary to equal all of any of the premiums which next become dire and payable on the policy or policies of fire and other hazard insurance covering the property, plus taxes, next due on the property (ali as estimated by Seller. and of which, Buyer is nWfAx) lets all arms already paid therefor divided by the number of months to elapse before one moadf prior to the date when anch premiums, taxes will beoohme delinquent. such sums to be bold by Seiler in Trust (irrevocable until aft of Buyer'sAblig8doas under this Agreement me, discharged) to pay said premiums, taxes. (b) The installment for principal ahd interest stated in h 4 which sum plus the amounts payable pursuant to Subparagraph (a) of fhia paragraph shall be paid in a 410 payment each month. Except as otherwise provided to paragraph 14, such payment shall be applied to the items and In the order stated below. 1. Tara, fire and other hazard insurance promiom; X interest oar due unpaid portion of due principal; and a Ill. Unpaid principal (c) Any deficiency In any such payment shall. unless nude good prior to the due date of the next payment, constitute an event of de&* hereunder. The Seller may collect a Tate charge" not to exceed an amount equal to four (4%) pa cantum of the installmemt which is not paid within fifteen (15) days from the due date thereof. to Dover the extra expense involved is handling delinquent payments. (d) If the total of the payments made by Buyer under subparagraph (a) of this paragraph shall at any time in tho opinion of Seller exceed the amount required for the payment of taxes or insurance premiums; as the case may be, such excess "be credited on subsequent payments to-be made by the Bayer for such items. If, however, suchnainChlypsymonts shall not be sutft a t to pay web items when the tame shall become due and payable, the Buyer shall pay the S any amount necessary to make up the defeleaay. i (e) All payments of said items made by Seiler may be in such amounts as are shown by records, or by bills obtained by Seller, or on the basis of any other information received by Seller, or be due, payable, past doe, or : delinquent an account thereof. If requested by Seller, Bayer shall prompdy obtain, approve and deliver to Sella all bills ON said I items. S. -Buyer covenants and agrees to deposit with Seller at the execution and delivery of this Agreement an amonxd to be determined by Seller to be requited to mat the Payments of taxes and any premiums for hazard insurance which it may be necessary to pay prior to the accumulation of a fund suft out -therefor as provided herds: 9. ALL p of painci(ul, interest and other items' required to be made by the taut of this contract, shall be made to the Agent at the office of the Department of Veterans Affairs designated in paragraph 4, to the order of dw Department of Veterans Affairs. unless die Bayer shall be notified is writing to make Snell payments to anodes payee or plaa,ahd only such payments as Mhdl be rrxxipted for by the said Aged Cashier or other payee after notice to the Buyer. than be recognized by the Soifer, and all other payments, it any, shall be made at die [ink of dw Buyer. 10. Ali moneys paid to Seller hereunder shall be deposited with the Trreasurer of the United States who is hereby authorized to commingle the same with tae geueral Ainds of the United States. No interest dell be payable on die funds received by Seller for say pub pursuant to any pin of this Agreement. 11. Buyer cotraants not to commit. permit, or suffer agr waste to the propettty. to keep the property in a good state, order and _ TOP& Boyer fattier ouveas b not to abandon said property and not to uMe, permit. of after the use of say-of the property for any illegal or Immoral purpose, and agrees to comply with all lava and ordinances which may in my manner affeet.40 property. 12. The Buyer is authorized and permitted to make such repairs, alterations. and renovations to said property as dedred and determined to be neoas ay at s own e:peaso and wltheut any liability an the part of the Seller Air some, as are approved in advance by the Sosller. Failure of the Betyei to obtain advaaoe approval for ran: Atrrstlom, and renovations. to said property, may at the option of the Sella, be coasWered a 6recadh of the teems of this agreement and as act of dAWL Buyar'farther cmrvenants and ahgiees to maloe prompt payment tax ail labor ind materials in such behalf expanded and ant to suffer any mechanics' or mateuialomen's liens to attach to sold property. All sock ra>poirs and alteraticaos made by the Bayer sW inure to the bedoe5t of the property sward the Sella in the event of a default in the term: o[ ids Agreement by the "a. Bayer also covenants dW otter t? Og emirs of dtaxs<ioas within ( ) clad that bsauch ? this ooveaamt will constitute as act of default. 13. No part Of the property *hall be used in the mamuhctat e, rile. or disk6stion of Intoxicating & PM. i 14. In the event Buyer Wk. neglects. or refum to perform, in while oa< m- ppuutt;any of the covwarfa, agaeemearq. car obligations harem providod upon tle part of Buyer to bo pafosmed. Seller u hereby =Jndwimed card empovsored wd%od notice sod at tins cost of, BUM fo pafettq Of cause to Puftamd, sqy or aB of add o NW% agroemouls.and off, and to.etpetiid such. away Of noun y aM may be rrasonov d or, or Wany other pmpoae which In the opinion of Seller, le reasonably y for fro protection of. Seller. Seller's her. investment- or property. All such sums of money so expended by Seller, togedfor with )aternet dictoon. at Ibe rate aforould, fl<om the sevoxal dude: of eocpeadit{ue thereof nail psid. shall become so much additional I IPI tedness under this Agreement and diall be repaid by Buyer to Sager. in IswN money of ire United Stator of America. i and elywithout ? denied. at !fie share place or piaco as other arms are payable haxeeondw, unless Seller ,mall agree die mick sums as Seller shall otherwise repaid, In which -event: sndh repaymmmt shall be made by Bayer to Seller at soch*" sod in such manner raphire• Any failure, negled, or refiuad by Buys to repay such mans as badn provided shad oeastit ate de4aait heramder. Any payments made urea the terms of tun Agreement may. at the dection of Salter, be applied not to the. ,repsyma t of any sums Seller shalt have expanded In accordance with the terms hereof. )41 1 ..3 15. Buys hereby assigns, transfers, and seta oinx to Seller, up' to the aunount of the total ludebOdneas of Buyer to Seller heranmder. all of Buyer's right, tide, add Interest in or.toail swards-and claims in connection with condemnation of any of the property for public nee, or for injury tD thereof, and rise proceeds of all such awasds•or.claLns, after payment therefrom of all reasonable espy incurred, iadud g fan for attorneys representing Seller in any.suchprooxding, shalt be pant.ro Selkr and Buyer's obligation hereunder shag thereby 6e reduced an equal amount except to the extent Seller elects to use the funds to ''move the property in aoaordanoe with paragraph 16. Seller is--hereby authorized in the name of Buyer to execute and deliver valptid a dhereof and to appeal from or otherwise appropdi.1dy liti W.any•or all of such awards or claims. Seller shall be under no obligation bersunder.to sell or gonvey all or any pot of the property, or right.or Interest therein which is voodauaed. ' 16.. All moneys received by Seller under any policy or policies of•inaaragoe of any.ooddemoation award or other award after payment therefrom of all reasonable expenses incurred in connection therewith. including- fees fdr attorneys representing senor, may at tbe.option of Seller be used for the purpose of repairing, restoring, or improving the damaged structure upon the property, or may be credited on-die indebtedneaa in accoidaw the provisions of this Agreement. 17. Execution and aooeptanoe 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 adowwlt•by the Buyer that the property, will the buildmp and Improvements thereon erected, have been Inspected and exammeel, that bay is satisfied-vtith its and dicir condition, and that the property and the buildings and improvements Mercon erected in such -= are being bought and accepted without any representation whatsoever by die Seller. except as may be provided in paragraph 11 of Agreement of Sale dated The .B0 asgmtm tospomstbility for igjury 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 fur, casoaily. or outer happening and shall indempify and save the Seller harmless from all loss arising from or by reason of these events or incidents. 18. Time Is of the essence-of this Agreement and if defwlt be made and condmde for a period of thirty (30) days in the payment of any of the installments of principal, interest, or any other items beraneetore stipulated, when the some become severtitly due baeunder, or in the payment of any other sum herein agreed to be paid by Boyce, or if default be made in the performance by Buyer of. any other agreement. coyensut. or obligation of Buyer haamda, then in eLhee. or sty of said events. the whole unpaid balance due under the terms of this Agreement shall, at the option of Seller, imraediatefybecome one trod payabe and Seller may, at hia lm option. (a) terminate by simple der laraUon of an election so tD do wins or.wrthoat notice, ail of Buyer': rights tinder this Agreement and an of Buyer's right, tdde, and interest Ice the property, or (b). terminate an of Buyer's rights under this wat and all of Buyer's right. MK and Interest in the is ally prmcexdlag. legal l equitable; or c) enforce Buyer's obligations hamoder In any appropriate prop irtgYleBal or ?Buyesc agrees to lrap•al costa and expenses. including a reasonable sum far dtotmeq's fxa inaacted by Seder ins Ming Boxer's dgbla olds us Agreement or claims to the property or'? antorcing -any or all of the trims of this Agreement; and in appopiate Jodidd proceedings, if any are Initialed to establish or.mahttaiat-Seller's right or title to, and possession of said.property dta breach by Buyer, free of any title or claims of Buyer. 19. Upon Seller exercising the right of termination as pprovided herein; all rights,'ea lute and Interest hereby created and then existing in Buyer and in any and all persons claiming hander Buyer, :hail wholly cease and determine. Buyer stall thereupon quit and surrender to Sella without demand, .pusoelid possession of said premises in as good condition as they now are, reasonable wear and tear alone excepted. In the-event H w neglects or refuses to stunndrw sucn.possessien when obligated so to do it shall be lawful for Seller to enter upon and tafm possessiou 'lof such premises :without notice and remove all persons and their property. 20. The Provisions of paraosph 19 and 20 of this AAggreement share also silply, -at the option of Seller, to (Q any violation or breach of any of the covenants,. conditions, or reatri ens, itndleated In this Agreement or which may be of record, and (2) to . any violation of any laws or ordimmd a in any.manner affecting said property. 21. Seiler agrees upon receipt of piyments id aoeordaaoe with the provisions benof. of the entire pdadppl sum with interest, to execute and deliver :'special Warranty Deed on VA Form W-6436a owrveymg the ddb to said poverty to ailyer in such manner and form as Seller elects. Such deed may be delivered at such-eadie r.duls as Speer may *ctDead will be on Se[ter's Huffimeed;* nveysna ahadl be made omder•ahnd au6jed to any nstr as. nservadas, andexception.of record and 'also subject nal and State laws. statutes, and regiilations, then aftectirhg the transfer of real estate br of any right therein. In the art of acid principal sum :dun sot have bexrn pa?ld at the time of the execution and delivery of the deed to said uyer shall alahultanenusy a earte and del ves to Sella w Mortg Note in the just or pdnci P mni remaining ther w)th interest therena rt ore rate provided is 4 heron payable in installments of the same smolown d paragraph, and a lwarhaae ' mortgage o premises to sere the same,-Which mortgoge•shall be a first popeity; the Mortgage Note nand Mcxtgage shall bar ?e same efete as aald Deed; they sball be on the forms of inch Instruments then In use by the Department of'Veterans Affdri or its successor in imteratt,-toudifiad and amended sus to such terms, conditions and detarled provisions as are in conflict with this Agreement. - 22. Buyer represents and covenants that Sdiees aft is. satisfactory to Buyer is of the date hereof. 23, Buyer shall pay for all recording, transaction, transfer, conveyance, and odd taxes upon this Agreement and upon any deed, band, mortgage, or other instrument executed tmdcr the terns-and provisions of this Agreement. and for all ravemhe, documentary. or other stamps requirbd to be affixed to any such instrument ad shall also pay the foes Tor recording the dad and do mortgage. N any. when executed, as yell a all costs and expenses the suet title search as the Buyer may dart to have made. 24. The Buyer shall notify the Seller of an ssatgtsment of the Buyer's intend in thWcontract. Seller any at any time sell and, convey Ihie property .object to this Agreement- and may assign this, Agreement and my and all rights bexeooder `without the exJnsent of she Bayer.. _ - . 25. Any notices ham one-party hereto .to the other party shall be in writing and delivered inper:ctn or forwarded by certified man. Notioea ealun be addressed to the property bexeiaabove described ]sides written of a different addrma shall have been y delivered to Seller. In which. event notice shall be-we to amyl address. Notices aD Seller :Lail. be ?gaed to the Guaranty Officer, Department of Veteran Afhlni at the Office whom this Agreement ii executed until BuyetW ngtMCd in writing of a changed. address. Thmeafta any notice dun be sea to the last address of which Buyer shall have been notified. ' 26. Buyer hereby authorizes and ennpowers-any sabre] of any coact in the Commonwealth of Peomsylvmh or elsewhere to appear ?o them and each of them In any and all "actions to be brDt & for airy breach or detautt of the.teemll of this Agreement and hereby en judgment in favor of the Seller for the whole amount of the pdwipd stum-aod any tatctest femaw" uupaiid thereon, whether the same shalt have been clue ot.not. top odd with an smotney's commobaion or fee of five (S%) percent. with or withoutprior declaration made, waiving stay of execodon, kKpdddan, and an exertion laws. 27. And the said Bayer hereby, upon the bench of any of the ounditions of this Agreement, authorizes any attorney of any court of Record to aQpear for them and each of them and enter an amicable action of ejectment and confess a judgmenrof ejectment Uwefu for the prrmises hican described and do authorize the immediate -issuing end execution of a writ of habeas Was possessions with. danua of-fieri faciss for costa and five (5%) percent attorney's commission or fee., without *ding leave of court. 28. All nwdeys paid by Buyer to Seller under the terms of this Agreement snap be retained by Seller as compensation for the use and oopcpancy of the property, coasideration for the execution of this Agreement and sot as liquidated damages to Seller for default or as a penalty. 29. Failmre or of this Seiler to enforce any right or to exercise say option hereunder available because of any default shall not operate as a waiver of the right of-the Seiler to thereafter enforce such right or to exercise such option or any other right or optiom, for the as= or for any aabsegmemt default. 30. Buyer expressly agrees that this rights and remedies herein granted Seller in the event of default, to enforce the terms and conditions of this Agreement, die recovery of damages for any breach, or possession of the above described property, may be exarlsabie as often as there is default on the pert of Bayer and shall not be exhausted by one or more uses thereof, and that it shall not be neoessaty to file the original of this contract as a warrant of s xney If a true copy hereof shall be filed in any action. -31. The amvenants, obligations, liabilities, tarns and provisions herein cdatalned shall be binding upon, and the beae<ta and advantages hereunder shall•imhrs to the Buyer jointly and severally and to their and each of their reapw&c heirs, exeeaftfs, administrators, and assigns. and to the access= and asalgos of the Seller: 32. This Agreement shall not be recorded in the otom for the recording of deeds or any other office or place of public record. + If Buyer causes it to bd recorded behhe will be considered in default with. the right of Sella to forthwith terminate this Agreemient and to enforce and exercise Seller's rights hemader because of such default. r 33. Bayer under t xis and agrees that if this Iestailtnett Agreement is terminated by Buyer or Sella. sty nemajning amottat of On rebabilitstum loan in the hands of an escrow agent shall hnmed'iatay be returned to Seller (Department of Vetaans Affairs). 34. This loan may be declared immediately due sod payable transfer of the property securing Each loan to any tramsfetee, unless the actability of the wattiption of mho Imw is other purwant to. ft, provisions of wtion 3714 of chapter 37, title 38, United State Code, or by the ban holder If the loan has beea'sold without re omse. 35. A fee?to one-half of 1 pwoeat of gw balance of this ism as of the date of tra dershall be payable t6 the of ' Veterans ' at the time of tra afar. If the aEsumer Nils to pay this foe at She time of transfer, the fee shall an additional debt to that already seatred by this Instrument and shall bar hmOrest at the rate herein provided, and. at the option'of the payee of the indebtedness hereby secured or myy tooferoe heaoof, the hill Indebtedness ball be immediately due and payable. This fen is au0onisticali?r waived If the sssur? is exempt ardor the provisions of 38 U.S.C. 3729(b). The mumier is not 1 obligated to pay this fee rf the Department of Veterans Affairs has gold this bas without recourse. 36. Upon THcafta for approval to allow assumption of this loan. a prooeeaing fee. maybe Charged by the D-tmaat of VgetIns A;on or the succemn or assigns for determining the of the assumer and subsequently tev1 ' the i ownership mCOI(I,a when an approved transfer is completed. The amour of dua cbwp ahdl not oxaed 5300. + IN wnwass WHEREOF. the Seller has caused this Wstrumdtt to be signed and sealed in his/her name an din hisiber behalf by the undersigned employee, being thecetmto duly appointed, qualified and ac tog pummt to title 38, United States Code, sections 212 and 1820. and title 38, Code of Federal Regulations, secdama 36.4342 and 36.4520, pursuant thereto, as amended, and who Is autborized to ececute this imatrumemt. and the Buyer has hereunto set his/her individual hand and seal on the day and year first I above written. NOTICE - THIS • DOCUMENT MAY NOT/DOES NOT SELL CONVEY. TRANSFER. INCLUDE OR INSURE THE 7T1'IB TO THE COAL. AND RIGHT OF SUPPORT, UNDERREATH' THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OF OWNERS OR SUCH COAL, MAY HAVEIHAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT i ANMiCnON, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTMRt STRUCTURE ON OR IN SUCH LAND. - THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE. RW RiCT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHHRWLSE CREATED, TRANSFERRED, EXC EPTED OR RESERVED BY THIS INS WUMENT. • (This notice Is act forth In Ste marrow provided in Section 1 of the Act df July 17, .1957, P.L. 984, sa amended, and is not intended as notloi ut unrecorded instruments, if any.) l SEALED AND DBIJVERED IN THE PRESENCE OF I Time o Veteranu Affairs Br BALI. anise P. DlEenedetto U15?;. Ardent LoaQOuatmts! O_ffiar _-- VA,Regiund Office or Regional Off= do Juxuamce tom, Philadelphia, PA. Ptmaxaut to a. delegation of authority in 38 CFR 36.4342 and 36.4520.) iC.l 7l?J?K *L," [ZEALI RICHARD L. NWN*XN 111 ( !'et1 CLARAMAR 1). NEENAN (BtryQ1 EXIibit "B" CHL V?YA Form 26-6436a f II ll Me M U.S.C. _ ? ????? PENNSYLVAI?IIA III 610 02 S"44 1827070 WDT 001 001 000218270702005N THIS INDENTURE made this 27th day of February, A.D. 2003, between the Secretary of Veterans Affairs, an Officer of the United States of America, whose address is Depa tment of Veterans Affairs, Washington, D.C. 20420, hereinafter called the Grantor and, Deutsche Bank National Trust Company, As Trustee For Vendee Mortgage Trust 2003-1, Without Recourse, Except As Provided In A Pooling And Servicing Agreement Dated February 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. herein called Grantee: WITNESSETH that the said Grantor(s) for and in bonsideration of the NINETY-FIVE THOUSAND SIX HUNDRED AND FOUR DOLLARS WITH 73. CENTS. ($ 95604.731) DOLLAR(S). the receipt whereof was aclmowledge, hereby grants, bargains, sells, aliens, enfeoffs, releases, and confnms unto the said Grantee and Grantee's heirs or successors and assigns, BEMM,G - LEGAL DESCRIPTION (SEE ATTACHED EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.) TAX ID: 08-32-2326-0022 BEING: 91 COLD SPRINGS RD, CARLISLE. PA 17013 ***, TOGETHER with all and singular the improvements, ways, streets, alleys,-passages, waters, watercourses, rights, liberties, }privileges, hereditaments, and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversion and remainoess, 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, oi; 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 lawfAlyy claiming or to claim the same or any part thereof by,. or under Grantor. CZ jE C_ P hs ? C__ m.?.?' z ?? 64 *** Property situated in Dickinson Township county of Cumberland and Commdnwealth -of Penndylvania, herein referred to as "the property" and more fuUy described as above. 3 m ? 'Co r. GOOK 257 Pncd= 000218270MO05N IN WITNESS WHEREOF, Grantor on the day and year first above written has caused this instrument to be signed and sealed on Grantor's bbb ilf by the undersigned, being thereunto duly appointed, qualified and acting pursuant to-Title 38, United States Code, Sections 212 and 1820, and Title 38, Code of Federal Regulationk Section 36.4342and 36:4520, pursuant thereto, as amended, and who is authorized to execute this instrurnent. The Secretary of Veterans Affairs SEALED AND DELIVERED IN THE PRESENCE OF-- *B Seal] RICHARD STRA Ivette Osorio Jacob Bass STATE OF CALIFORNIA, } ) SS COUNTY OF VENTURA ) Title: Authorized Offi cer Countrywide Home Loans as Authorized Officers for Veterans Affairs Regional Office or Regioral Office & Insurance Center Phila. PA Telephone X805 577-4800 OWsaant to a delegation of authority in VA Regualtions, 38 CX.R., 36.4342 and 36.4520.) On this 27th day of February; 2003, before in% Stanley W. Shaw, Notary Public, personally appeared, Richard Strayer, personally known to me tp be the persons whose name is subscribed to the within instrument and aclmowledged to me that they executed' the same in their authorized capacities, and that by their signature on the instrument the persons, or entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Stanley W. Shaw Notary•PubHo - Commission No. 1.291690 Commission Expires: January 21, 2005 r'o srZ w.-3"k W_ Commission# 1271M Notary Pubttc - Catlfomta Ventura Couthty W Ca rh r n. 6 ¢:.1 cal 21'==M I hereby oetify that the precise residence of the within named Grantee is: *Prlnt, bVewrlte, or stamp names of eaclLparty Send fax bMs to., CamtfysvMe Homo Loans, Alfa: Andrea Cannata 1757 Tapo Canyon Road YMSV34 Simi Valley, CA 93063 each wvs4m BOOK 257 FAGEj.= E?hlblt ?? C?? ACT 91 NOTICE (INSTALLMENT CONTRACT) TAKE ACTION TO SAVE YOUR HOME FROM DATE: December 6, 2005 EVICTION TO: Richard L. Neenan, III Claramae B. Neenan 91 Cold Springs Road 91 Cold Springs Road Carlisle, PA 17013 Carlisle, PA 17013 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 your home is in default and the lender intends to start eviction proceedings. Specific information about the nature of the default is provided in the attached p es- The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servingyouur County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDI 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 SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Richard L. Neenan, III and Claramae B. Neenan PROPERTY ADDRESS: 91 Cold Springs Road, Carlisle, PA 17013 LOAN ACCT. NO.: 21827070 CURRENT LENDER/SERVICER: Countrywide Home Loans, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE THAT WILL PREVENT IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR CONTRACT PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF TERMINATION OF YOUR CONTRACT-Under the Act, you are entitled to a temporary stay of eviction on your contract for thirty three (33) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT L33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR CONTRACT UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR CONTRACT DEFAULT" EXPLAINS HOW TO BRING YOUR CONTRACT UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty three(33) days after the date of this meeting. The names addresses and I Rhone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR CONTRACT ASSISTANCE-Your contract is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within dirty (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. f you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR CONTRACT DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The CONTRACT debt held by the above lender on your property located at: 91 Cold Springs Road, 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: 7/01/05 through 12/01/05 at 1 @ 75235; 5 @ 960.85 per month. Monthly Payments Plus Late Charges Accrued: NSF: Inspections: Other - Escrow: Other - Expenses: (Suspense): Total amount to cure default $5,663.55 $0.00 $50.00 $296.29 $325.00 0.00 $6,334.84* See paragraph below headed "HOW TO CURE THE DEFAULT" B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A *HOW TO CURE THE DEFAULT-You may cure the default within THIRTY THREE (33) DAYS from the date of this. notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,334.84, 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 by cash, cashier's check, certified check or money order made payable and sent to: PHELAN HALLINAN & SCHMIEG, L.L.P., One Penn Center at Suburban Station, .1617 JFK Blvd., Suite 1400, Philadelphia, PA 19103-1814. You can cure any other default by taking the following action within THIRTY THREE (33) DAYS from the date of this letter. (Do not use if not applicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY 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 won your contract property. IF THE CONTRACT IS TERMINATED- If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY THREE (33 DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the contract. RIGHT TO CURE THE DEFAULT PRIOR TO EVICTION-If you have not cured the default within the THIRTY THREE (33) DAY period and eviction proceedings have begun, you still have the ri t to cure the default and prevent the eviction at any time up to one hour before the eviction. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the eviction and any other costs connected with the eviction as specified in writing by the lender and by performing any other requirements under the contract. Curing your default in the manner set forth in this notice will restore your contract to the same position as if you had never defaulted. EARLIEST POSSIBLE EVICTION DATE-It is estimated that the earliest date that such eviction from the property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the eviction will be sent to you. Of course, the amount needed to cure the default will increase the longer you wait. You may 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 & SCMWHG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attention: Reinstatement Department EFFECT OF EVICTION-You should realize that an eviction will end your interest in the property and your right to occupy it. YOU MAY ALSO HAVE THE RIGHT: • TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE CONTRACT RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY EVICTION PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE CONTRACT DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED If this is the first notice that you have received from this office, be advised that: you may. dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise the debt will be assumed to be valid, Likewise, if requested within thirty (30) days from receipt of this letter, the firm will send you the name and address of the original creditor if different from above. Very truly yours; PHELAN HALLINAN & SCH IIEG, L.L.P. FH/mas Cc: Countrywide Home Loans, Inc. Attn: Lacey Nogueira Account No.: 21827070 Mailed by 1" Class Mail and by Certified Mail Nos: 70051820 00001845 6346/6353 VERIFICATION Michele M. Bradford, Esquire hereby states that she is attorney for 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 make this verification pursuant to Pa. R. C. P. 1024 (c), and the statements made in the foregoing Civil Action are based upon information supplied by Plaintiff and are true and correct to the best of her knowledge, information, and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. Michele M. Bradford, Esquire Attorney for Plaintiff Date: EXHIBIT "C" SHERIFF'S RETURN - REGULAR CASE NO: 2006-00819 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS NEENAN RICHARD L III ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon OCCUPANT the DEFENDANT , at 1900:00 HOURS, on the 13th day of February-, 2006 at 91 COLD SPRINGS ROAD CARLISLE, PA 17013 JOHN OSBORN by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 irew +? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 02/14/2006 PHELAN HALLIN* SCHMIEG Sworn and Subscribed to before By: f me this day of Deputy A. D. Prothonotary EXHIBIT "D" 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 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 Plaintiff VS. Richard L. Neenan, III, Claramae B. Neenan Or occupants Defendants Attorney for Plaintiff Court of Common Pleas Civil Division NO. 06-819 Civil Term Cumberland County PRAECIPE TO REINSTATE CIVIL ACTIONIEJECTMENT TO THE PROTHONOTARY: c' C -? - o-. n ,-, . , -n C D ;DJ T 1. rv -< Kindly reinstate the Civil Action in Ejectment with reference to the above captioned matter. ?t Michele M. Bradford, Esquire Attorney for Plaintiff Date:_Novemher 16, 2006 EXHIBIT "E" Office of f4e ?54prfff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania : DEUTSCHE BANK NATIONAL TRUST CO ET AL vs County of Dauphin NEENAN CLARAMAE B Sheriff's Return No. 18.79-T - - -2006 OTHER COUNTY NO. 06 819 AND NOW:December 7, 2006 at 10:58AM served the within REINSTATED COMPLAINT NEENAN RICHARD L III upon by personally handing to KATHERINE DONICKER, PERSON IN CHARGE 1 true attested copy(ies) of the original REINSTATED COMPLAINT and making known to him/her the contents thereof at 105 WYOMING AVENUE MIDDLETOWN, PA 17057-0000 Sworn and subscribed to before me this 7TH day of DECEMBER, 2006 11 4&- NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, Sheriff of Dauphin County, Pa. By -` ' fr- Deputy Sheriff Sheriff's Costs:S0.00 PD 11/27/2006 RCPT NO 223911 SS cloff-tre of CEP *4rrfff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania DEUTSCHE BANK NATIONAL TRUST CO ET AL vs County of Dauphin NEENAN CLARAMAE B Sheriff's Return No. 1879-T - - -2006 OTHER COUNTY NO. 06 819 AND NOW:December 7, 2006 at 10:58AM served the within REINSTATED COMPLAINT NEENAN CLARAMAE B upon by personally handing to KATHERINE DONICKER, PERSON IN CHARGE 1 true attested copy(ies) of the original REINSTATED COMPLAINT and making known to him/her the contents thereof at 105 WYOMING AVENUE MIDDLETOWN, PA 17057-0000 Sworn and subscribed to before me this 7TH day of DECEMBER, 2006 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, ? lexr*l Sheriff of Dauphin County, Pa. Deputy Sheriff Sheriff's Costs:$0.00 PD 11/27/2006 RCPT NO 223911 SS EXHIBIT "F" CHL VA Form 2&."36a I ?II?(??ll?l?lll PENNSYLVANIA Seetln 0, Title 38 U.S.C. 610 021827070 VDT 001 001 000218270702005N THIS INDENTURE made this 27th day of February, A.D. 2003, between the Secretary of Veterans Affairs, an Officer of the United States of America, whose -address is Department of Veterans Affairs, Washington, D.C. 20420, hereinafter called the Grantor and Deutsche Bank National Trust Company, As Trustee For Vendee Mortgage Trust 2003-1, Without Recourse, Except As Provided In A Pooling And Servicing Agreement Dated February 1, 2003, a trust which is established under the laws of the STATE OF CALIFORNIA, having its principal place of business at c/o Counktrywide Home Loan's, 1800 Tapo Canyon Rd., MSN SV-103, Simi Valley, CA 93063. herein called Grantee: WITNESSETH that the said Grantor(s) for and in consideration of the NINETY-FIVE THOUSAND SIX HUNDRED AND FOUR DOLLARS WITH 73. CENTS. ($ 95604.73) DOLLAR(S). the receipt whereof was acimowledge, hereby grants, bargains, sells, aliens, enfeoffs, releases, and confirms 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.) TAX ID: 08-32-2326-0022 BEING: 91 COLD SPRINGS RD, CARLISLE, PA 17013 ***• 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 thareof. 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 lawfullyolaiming or to claim the same or any part thereof by,, or under Grantor. W ?9.m• c sh. ?'_ 6 *** Property situated in Dickinson Township county of Cumberland a •»7l and Commonwealth -of Penndylvania, herein referred to as "the tw :- 3 m property" and more fully described as above. 0-00-K 257 PAGED32 '•f 000218270702005N IN WITNESS WHEREOF, Grantor on the day and year first above written has caused this instrument to be signed and sealed on Grantor's behalf by the undersigned, being thereunto duly appointed, qualified and acting pursuant to-Tide 38, United States Code, Sections 212 and 1820, and Title 38, Code of Federal Regulotionb, Section 36.4342 and 36:4520, pursuant thereto, as amended, and who is authorized to execute this instrument. The Secretary of Veterans Affairs SEALED AND DELIVERED IN THE PRESENCE OF-- *B [Seal] RICHARD STRA Iveite Osorio Jacob Bass -STATE OF CALIFORNIA, ) ) SS COUNTY OF VENTURA ) Title: Authorized Officer Countrywide Home Loans as Authorized Officers for Veterans Affairs Regional Office or Regional Office & Insurance Center Phila.. PA Telephone 5805 5774800 (Pxirsuant to a delegation of authority in VA Regualtions, 38 C:F.R., 36.4342 and 36.4520.) On this 27th day of February; 2003, before me, Stanley W. Shaw, Notary Public, personally appeared, Richard Strayer, personally known to me tp be the persons whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. S-a tV S. , Stanley W. Shaw Notary-Public - Commission No. 1291690 Commission Expires: January 21, 2005 STANLEY W. SHAW Commission # 1291690 Notory PubIIC - Cof rfdO Ventura County qPMyCmtv.E?=Jon21,2M5 I hereby certify that the precise residence' of the within name4 Grantee is: *Print, typewrite, or stamp names of ea&.party immedf#t* below each sfgatgm Send tax bills to: Cotmtrywfde Home Loans, Attn: Andrea Cannata 1757 Tapo Canyon Road MSN SV-34 Simi Valley, CA 93063 _ 066 257 PAA933 EXHIBIT "G" } VfZJPRM 26-6336e (69) 10-10-6-0540863 Revised SEPT 1998 10-10-7-0018240' INSTALLMENT CONTRACT FOR SALE OF REAL ESTATE' - PENNSYLVANIA. THIS LOAN MAY NOT BE ASSUMED W. rMOUT THE PRIOR APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, SUCCESSORS. OR ASSIGNS. 1. THIS AGREEMENT. made the 230 day of October , 2002 , by and 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, (of the first part) hereinafter called "Wer", and his/her successors In such office, as such, and RICHARD L. NEENAN, IA and CLARAMAE B. NEENAN (party of.the second part) hereinafter called 'Buyer",. 2. WITNESSETH, That it is mutually agreed as foubws: The Seller hereby agrees to sell to the Buyer, and the Buyer hereby agrees to purchase from the Seller, all that real property situated in Dickinson- Township - county of Cumberland and Commonwealth of Pennsylvania, herein referred to as "tire property' and more filly described as follows: ,-`- - --... - - - TAX PARCEL 8-32-2326-22 CHL 0OB036101 NEENAN RL • • • • - • ? .• 1 IIIIIII?III?IIII?III?BWlllll?ll?ll?lallallol?il?l? 91 Cold-Springs Road; 610 021827070 IC 001 001 Carlisle, PA 17013 3. This Agreement is made subject to: (1) Existing lesses and to rights, if any, of persons ih.possesslon:if any: (2) The general taxes and Special assessments which the Buyer hereinafter covenants to pay. (3) Building line and building and liquor restrictions of record. (4) Zoning and building laws or ordinances. (5) Party wall rights o agreements. (6) Roads and highways. - Cn Covenants, conditions, exceptions, reservations, restrictions, or easements of record (8) Rights of all parties claiming by, through, or under the Buyer. (9) Arty state of facts which an a«arrate survey would show. (10) All unpaid water and sewage disposal charget for services rendered rafter the date-of deliJery of this Agreement. (11) All contracts or agreements, recerded or.unrecorded, for fbmishing gas, electricity, water, or sewsgo-disposal service, (12) The constitution bylaws, rules, regulations, restrictions, charges; or assessments of any civic improvement or other.assoclation, coporation,or district, which'd!cgt the property. (13) Coal Notice under the Bituminous Mine Subsidence and Land Conservation Act of 1966 attached. The Buyer shall indemnify'and save harmless the Seller-from all loss and liability that arise by. reason of any and-an obligations and liabilities existing or arising out of any of the foregoing matters. 4. Buyer shall pay to Seller for the property the sum of ($ 96500,00 ) in lawful money of'the United States of America at the (Regional Office) ((:enter), Department of Veterans Affairs, an agency of the United Statea,or-at such other place within the United States as the Seller or the Seller's Agent, may from time to time designate in writing, at the times, in the amounts, and in the manner following: (5 800.00 ) in cash prior to or upon the execution and delivery. of this Agreement; and the balance of (a 95700.00 ) herein referred to as 'principal sum" or as "principal" with interest thereon at the rate of six percent ( 6,00 )% per annum, from the date'of .•Ootober 23 2002 , which said principal and interest on the unpaid portion thereof shall be payable in equal monthly installments as follows: ($ 573.77 ) on the 'first day of December , 2002 , and a Glee sum on tithe first day of each and every month thereafter for 359 consecutive, additional months; until said prineipal.and interest'ahall have been fplly paid Unless sooner paid, the unpaid balance of principal plus the accrued and unpaid interest shall be due and payable on the First day of November , 2032 • ' Of the total purchase price paid for the said described property, the amount of $ -- .=-------= is a rehabilitation loan granted pursuant to Public Law 100-198, to bd disbursed under. a separate Escrow Agreement which rehabilitation loan bears* the same rate of interest as the balance of the amount remaining and to be paid for the Except as herelaatter otherwise provided, ea:h payment made hereunder-shall be credited tint on the interest then due as herein provided and-the remainder'shall be credited upon unpaid principal Additional payments of principal in any, amount not less than the amount of the monthly ibstallments above provided or one Hundred Dollars 0100). wwoltever is less, may be made at any time and shall be credited on the unpaid principal sum in such manner as the Buyer slay elect, or in the absence of 906 election, as Seller may elect. 5. All real estate taxes, water rents, sewer charges, assessments, and other charges payable in... ars subsequent to the year 2002 or levied after. the date of execution of this Agreement, or-for improvements which-are not then completed upon the property, are and shall be the obligation of'the•Buyer, and Buyer covenants to pay the same in the manner provided in paragraph seven hereof. Waterlsewer and special'assessments to be paid directly by buyer. 6. Buyer shall obtain and con rnaiatain hazard insurance of such type or types and amoutim as the Seller may from time to time notify Buyer to obtain on the . emunhta now or hereafter made on said premises and will pay any prentittma therefor .promptly when due. All- Luuuamx shat be carried bl companies approved by Seller and policies and renewrd thereof shall be held by Seller and have.h<tached thereto 16u payable clgtsea in favor of. Seller as-Secretary of Vetepw Affairs in acceptable form. In the event of loss; Buyer will give immediate notice by mark to Seller and Seiler may, but Is not under duty to mab proof of 10031 If sack proof L not made promptly by Bayer. An hhacrOM crtrriers are hereby authorized and directed to mate payments for such loss directly to Seiler instead of to Buyer and Seller jointly. Ttte promda from the payment of such loss or any part thereof may be applied by Seller dither to reduction of the indebtedness or to the restoration and repalrof the property damage 7: Together with and in addition to stele ma?thty payments of pdw Val and it payable umdaac the tenths hereof, Bayer will Pay the Seller on the first day of each month until the terms of this contract have been tally complied with, the following sums: (a) Such amount or smounts as may be necessary to equal all or any of the premiums which next become due and payable on the policy or idea of fire and other hazard inauceneo cgvering the property, tateea, next due on the (all as estimated ClSeller, and of Which. Buyer is notified) less all in= already paid ?therefor divided by the number months to elapse before one montl prior to the date when am& Premiums, taxes will become delinquent such sums to be held by Seller in Treat (irrevocable until all of Buyees.cbligatitms under this Agreement .are. discharged) to pay said previlnms, taxes. (b) The installment for principal alai interest stated in paragraph 4 which sum plus the amounts payable pursuant to subparagraph (a) of this paragraph shall be paid in a single payment each month. Faaept as otherwise provided In paragraph 14, such payment stall be applied to the items and in the order stated below: . . I. Taxes, fire and other hazard insurance premium; U. Interest on the unpaid portion of the principal; and M. Unpaid principal. (c) Any deficiency in any such payment shall, unless made good prior tothe One date of the next payment, constitute an event of default hereunder. The Seller may collect a 'late charge' not to exceed an smut equal to four (4%) per centum of the installment which is not paid within fifteen (15) days from the due date thereof, to cover the extra expense involved in handbag 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 luaorance premiums; as the ease may be, such excess shall be credited on subsequent payments to be made by the Buyer for such items. If. however, such monthly shall not be sufficient to pay such items when the same shall become due and payable, the Buyer shall pay the 11Se amount necessary to mare up the deficiency. (e) All payments of said items made by Seller may be In such amounts as am shown by records, or by bills obtained by Seller, or on the basis of any other information received by Seller, or be dun, payable, past due, or delinquent on account thereof If requested by Seller, Buyer shall pmmptly'obtain, approve and deliver to Seller all bills for sold item. a. 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 tend sufficient therefor as provided herein: 9. All payments of principal, Interest and other ltama required to be made by the terms of this contract, shall be made to the Agent Cinder at the office of the Department of Veterans Affairs designated in paragraph 4, to the order of the Department of Veterans Affairs, unless the Buyer shalt be notified in writing to make such payments to another payee or place,afid only such payments as shall be receipted for by the said Agent Cashier, or other payee after notice to the Buyer, shalt be recognized by the Seiler, and all other payments, it 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 sane with the general fihnds of the United States. No Interest shall be payable on the funds received by Seller for any purpose pursuant to any provision of this Agreement. 11. Buyer covenants not to commit, permit, or suffer .any waste to the property, to keep the property in a good state, order and enrepai . Buyer fW*er covaunts not to abandon said property and not to use, permit. or suffer the use of any of the property for legal or immoral purpose, and agrees to comply with all laws and ordinances which may in any manner affect -tie property. 12. The Buyer Is authorized and permitted to make aoch repairs, alterations, and renovations to said property as desired and determined to be necessary at eeB own expense and without any liability on the part of the Seller for same, as are approved In advance by the Seller. Failuue of the Buyer W obtain advasoe appuoval for rs, alterations, and renovations, to said property, may at the option of the Bettor, be coasicered a broach of the Berms of thin igeeament and an act of default. Buyer'further covenants and agrees to make prompt payment for all labor and materials m such behalf expended and not to suffer any mechanics' or matetiahr?en'a linos to attach to said property. AiI snddl repair and alterations made by The Bayer shall inure to the bans of Oro property end the Seller is the event of a default in the terms of this Agreement by the Buyer. Buyer also covenants complete and pay for the following repairs of ateradons within ( ) and j rees to daYs er execution of this Agreement end that breach of this covenant wiU constitute an act of default. t 13. No part of the property shall be used in the manufacture, sale, or distribution of intoxicating liquors. 14. In the event Buyer tails, neglects, or refines to perform, in whole or m ppuutt, aqy of the covenants, agreements, or obligations herein provided upon the part of Buyer to be performed, Seller is hereby authorized and empowered without notice and at r, coat of Buyer, to pedorm or cause to bd performed, any or all of said covenants, sgroements.and obligations, and toexpend such, sums of money as may be reasonable there' for,. or foe'any other purpose which in the opinion of Seller is reasonably necessary for the protection of Seller. Sewer's lien, Investment or property. Alp such rams of money so expended by Seller, togetfer with interest dwreon, 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 m ether sums are payable hereunder, unless -Seller shall agree that such awns be otherwise repaid, in which-event such repayment shall be made by Buyer to Sadler at such-times and in =6 manner as Seller shall require. Any failure, neglect, or refusal by Buyer to repay such sums as herein provided sbatl constitute default hereunder. Any payments made under the terms of this Agreement may, at the election of Seller, be applied first to the. repayment of any sums Seller shall have expended in accordance with the tam hereof. 15. Buyer hereby assignc transfers, and sets over to Seller, up' to the smoont of the total h daiad Ness of Buyer to Seller hereunder. all of Bayer's right, title, add- interest in or. to-all awards- and claims in connection with' condemnation of any of the property for pulnnc use, or for injury to any portion thereof, and the proceeds of all such awarrb•or.claims, after payment therefkom of all reasonable expenses inhausW, including fees for attorneys representing Seller is any.suchproceeding, shall be paid .to Seller and Buyer's obligation hereunder shall thereby be redueed'an equal amount except to the extent Serer cloche to use the funds to improve the property in accordance with paragraph 16. Seller Is`hereby authorized in the name of Buyer to e;cecute and deliver veld a g6ttances thereof and to appeal from a otherwise aPProprisfely litigate any -or all of such awards or claims. Seller shall be under no obligation herounder-to sell or i=t•M 3' all or any part of tuproperty, Pr right or interest therein which is condemned. 16.. All moneys received by Seller under any policy or policies of •Insmmpce of any .varI& Onation award or other award after payment dibcetrom of all reasonable espoosea incurred in connection tberewith, includidg•fees for attorneys representing Seiler, may at the.option of Seiler be used for the purpose of ra restoring, or improving the damaged structure upon the property, or may be credited on-the indebtedness in accordance. the pmvisiom of this Agreement. 17. Execution and etso?tane0 of this Agteement by the Buyer constitutes delivery to and acceptance by Buyer of possession of. the property herein described, and the buildiaga and improvements thereon erected, and ackDOwledgment-by the Buyer that the property, and the buMWp and Impmeements thereon erected, have been iaspocted and ex-loud that buyer is satisfled-with its and their condition, and that the property and the buildings and impmveineati dierean erected in such edition are being bought and accepted without any representation whatsoever by the Seller, except as may be provided in mph I1 Agreement of Sate dated The •Buyet assumes responsibility for injury or death on-or arising out of the property and also assumes the risk of loss or damage to the buildings now situate, or hereafter constructed, in or upon said property by fie, casualty, or other happening and shall indemnify and save the Seller harmless f3rom all lose arising from or by reason of hirers events or. Incidents. 18. Time Is of the essence-of this Agreement and if default be made and continue for a period of thirty (30) days in the pa mend of any of the instanmeata of principal, interest, or any other items hereinbel0te stipulated, when the agues become severall?jr due heeunder, or in the payment of any other sum herein agreed In be paid b Buyer, or if default be made In the performance by Buyer of. any other agreement, covenant, or obligation of Buyer hereunder, then, in etther`, or any of said events, the whole uapacd balance due under the terms of this Agreement shall, st the optical of- Sella, immediately become due End payable and Seller may, at his/her option, (a) terminate by simple declaration of an election ao to do with or.wdhout notice, ell,of Buyer's rights hinder this Agreement and all of Buyer's right, tide, and interest in the property; or (b). terminate all of Bayer's rights =I. is A 'am and all of Buyer's right, title, and interest In the property in ady date proceeding, legal or ; or c) enforce Buyer's obligations hereunder In any appropriate ; I or egnita le. Buyer agrees to pay-all coats and expenses, including a reasonable sum for. attorney's tees hicmra1:dd r fn tetminatiog Buyer's rights under this Agreement or claims to the property or'in. enforcing thy or all of the Wm of this Agreement; and in appropriate Judicial proceedings, if any are initiated to establish or.maintaid.Sellees right or tide to, and posainka of said.property after breach by Buyer, free of any title or claims of Buyer. 19. Upon Seller exercising the right of termination as provided herein; all dghts,'estate and interest hereby created and then existing in Buyer and in any and all persons cleaning miler Buyer, shall wholly cease and deurmico. Buyer shall thereupon quit and surrender to Seller without demand, peaceful possession of add premises in as good condition as they now are, reasonable wear and tear alone excepted. In the.event Buyer neglects or refines to suaeider such-possession when obligated so to do it shall be lawful for Sena to enter upon and take possessionof such promises without notice and remove .an persons and their property, 20. The Provisions of paragraph 19 and 20 of this ASreement shall also apply, at the option of Seller, to (1) eery violation or breach of any of the covenants,, conditions, or restrictions, Indicated in this Agreement or which may be of record, and (2) to any violation of any laws or ordinendes in any.maoner affecting said property. 21. Seller agrees upon receipt of payments in accordance with the provisions hereof, of the entire principal sum with interest, to execute and deliver a special Warranty Deed on VA Form 26-6436a conveying the titld to said to Buyer in such manner and form as Seller elects. Such deed may be delivered at such- earlier. Nme as Spller'may etect?Deed will be on Seller's form and eDnveyencb shall be made under, and subject to any restrictions, reservations, and exeeption.of record and also subject to all National and State laws, statutes,- and regulations, then affecting the transfer of real estate or Of any right therein. In the event any part of said principal aim shall not have been paid at the time of the execution and delivery of the deed to said property. Buyer shall simultaneously execute and deliver td Seller a Mortgage Note in the just or principal' sum remaining unpaid, together with interest therein at the rate provided in 4 hereof, payable in installments of the same amounts* as stated in said paragraph, and a purchase ' mortgage of said p -remises to secure the 'same,• which mortgage. shall be a brat lien on the property; the Mortgage Note and Mortgage shall bear the same date as said Deed; they shall be on the forms of such instruments then In use by the Department of'Veterans Affafri or its successor in interes. modified and amended as to such terms, conditions and detailed prpvusions as are in conflict with this Agreement. 22. Buyer represents and covenants that Seller's title is. satisfactory to Buyer as of the data hereof. 23, Buyer *91 pay for an recording, transaction, transfer; conveyance, and other taxes upon this Agreement and upon any deed, bond, mortgage, or other Instrument executed-under the terms•and provisions of this Agreement, and for all revenue, documentary, or other stamps requirtd to be affixed to any such instrumept and shall also pay the fees for recording the deed and the mortgage, if any, when executed, as well as all costs and expenses for such title search as the Bayer-may elect to have made. 24. The Buyer shall notify the Seiler of an assignment of the Buyer's interest in this-contract. Seller may at any time sell and convey .the property subject to this Agreement and may assign this Agreement and any and all ilghts berenn* without the consent of the Buyer. . 25. Any notices from one party hereto to the other party shall be in writing and delivered ins or forwarded by certified mail. Notices shall be addressed to the property lheremabove described union written of a different address sball have been previously delivered to Seller, in whick event notice shall be •sedt to suM address. Notices to Seller shall, be addressed to the Loan Guaranty Officer, Department of Veterans Affairs at the Office where this Agreement ii executed until Buyer is notified in writing of a changed address. Thereafter any notice shall be seat to the last address of which Buyer shall have been notified. 26. Buyer hereby authorizes and empowers -any attorney. of any court in the' Commonwealth of Pennsylvania or elsewhere to appear for them and each of them in any and all actions to be brought for any breach or default of the terms of this Agreement and hereby confesses Judgment in favor of the Seller for the whole amount of" principal stun. and any interest remaining unpaid thereon, whether the same shall have bee ' a due or.not, together with an attorney's commission or fee of five (5%) percent, with or without prior declaration made, waiving stay of execution, inquisition, and all exemption laws. 27. And the said Buyer hereby, upon the breach of any of the conditions of this . authorhea any attorney of any court of Record to appear for them and each of than and enter as amicable actin of etttmeat and confess a judrment-Of ejectment therein for the promises b&tk described and do audeft the immediate issuing and executim of a writ of habeas Was possessionom with clauses of•fieri Was for costa and five (5%) percent Worney's commission or feet, without asking leave of court. 28. All moor paid by Buyer to Seller under the terms of this Agreement shall be retained by Seller as compensation for the use and occupancy of the property, consideration for the execution of this Agreement and not as liquidated damages to Seller fog default or as a penalty. 29. Failure or delay of the Boller to enforce any right or to exerdw any option hereunder available because of any default shall not operate as a walver of the right of the Seilec'to thereafter enforce such right or to exercise such option or any other right or option, for the same or for any subsequent default. 30. Buyer expressly agrees that the rights and remedies herein granted Seller in the event of default, to enforce the terms and conditions of this Agreement, the recovery of damages for eery breach, or possession of the above described property, may be exercisable as often as there is default on the part of Buyer and dwit not be exhwated by ass or mom uses thereof, end that it shall not be necessary to file the original of this contract we warrant of attorney 11'a true copy hereof shall be filed in any action. 31. The covenants, obligations, liabilities, term and provisions herein cdutained shall be binding upon, and the benefits and advantages hereunder sholl`inure to the Boyer jointly and severally and to their and each of their respective hells, executors, administrators, and assigns, and to the successors and assigns of the Seller. 32. This Agreement shall not be recorded in lire office for the recording of deeds or any other office or place of public record. If Buyer causes it to bd recorded ba/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 Imtallmaot Agreement is terminated by Buyer or Seller, any remening amount of the rebabilitation loan in the bands of an escrow agent shall immediately be returned to Seller (Department of Veterans Affairs). 34. This loin may be declared immediately due and payable u?ppoonn transfer of the property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established eitber pursuant W. ft provisions of section 3714 of chapter 37, title 38, United State Code, or by the loan holder if the loan has been-sold without recourse. . • 35. A fee equal to one half of 1 percent of the balance of this loan as of the date of transfer shalt be payable to the Department of Veterans Affairs at the time of transfer. If the assumer fails to pay this fee at the time of traasfar, the fee shall constitute an additional debt to that already secured by this instrument and shall bear interest at the rate herein provided, ank at the option'of ' the payee of the indebtedness hereby secured or anyy transferee hereof, the fWl indebtedness ]call be immediately duo and payable. This fee Is outomatically waived if the assomer is exempt nod, the provisions of 38 U.S.C. 3729(b). The assumer- Is not obligated to pay this fee if the Department of Veterans Affain has sold thus loan without recourse. 36. Upon application for approval to allow assumption of this loan, a processing fee may be charged by the Department of Veterans Af of ire or its successors or assigns for determining the creditworthiness of the assumer and subsequently revising the ownership records when an approved transfer Is completed. The-amount of this charge shall not exceed $300. IN WITNESS WHEREOF, the Seller bas caused this instrument to be signed and sealed in his/her name an din his/her behalf by the undersigned employee, being thereunto duly appointed, qualified And acting a to title 38, United States Code, sections 212 and 1810, and title 38, Code of Federal Regulations, sections 36.4342 and 36 .4520, , p&amo thereto, as amended, and who is authorized to execute this instr anent, and the Buyer has hereunto set his/her individual band and seal on the day and year first above written. NOTICE - THIS. DOCUMENT MAY NOT/DOES NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT. UNDERNEATH' THE SURFACE LAND DESCRIBED OR REFERRED TO HERM, AND THE OWNER OF OWtdERS OR SUCH COAL MAY HAVEIHAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURPACH OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. • THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LF.OAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. • (This notice is set forth in the manner provided in Section I of the Act df July 17,j937, P.L. 984, as amended, and Is not intended as notice of unrecorded instruments, if any.) SEALED AND DELIVERED IN THE PRESENCE OF The Veterans Affa- By_ ????!?sEAI,j J P. DiBenededo Title: _ Acting Loan Guaran Officer _ VA Regional Offibe or Regional Office & Imsnromca Center. PhiladelpWa, PA. Telephone: 215-942-20W Putaoant to a delegation of authority in 38 CFR 36.4342 and 36.4520.) NE$N~? (Br<Yer) [SEAL] I CLARAMAE $. NEENAN (Buys) _. _ _ _ _ ._ (uyer ISEAL] EXHIBIT "H" ACT 91 NOTICE (INSTALLMENT CONTRACT) TAKE ACTION TO SAVE YOUR HOME FROM DATE: December 6, 2005 EVICTION TO: Richard L. Neenan, III Claramae B. Neenan 91 Cold Springs Road 91 Cold Springs Road Carlisle, PA 17013 Carlisle, PA 17013 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 your home is in default and the lender intends to start eviction proceedings. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA RAPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VTVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDI 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 SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Richard L. Neenan, III and Claramae B. Neenan PROPERTY ADDRESS: 91 Cold Springs Road, Carlisle, PA 17013 LOAN ACCT. NO.: 21827070 CURRENT LENDER/SERVICER: 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 ESTATE PENNSYLVANIA (HEREINAFTER CALLED "CONTRACT") FROM EVICTION AND HELP YOU MAKE FUTURE INSTALLMENT PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR CONTRACT PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF TERMINATION OF YOUR CONTRACT-Under the Act, you are entitled to a temporary stay of eviction on your contract for thirty three (33) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR CONTRACT UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR CONTRACT DEFAULT" EXPLAINS HOW TO BRING YOUR CONTRACT UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for tlLrty three(33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the properly is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR CONTRACT ASSISTANCE-Your contract is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, EVICTION MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR CONTRACT ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no eviction proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR CONTRACT DEFAULT (Bring it up to date . NATURE OF THE DEFAULT-The CONTRACT debt held by the above lender on your property located at: 91 Cold Springs Road, 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: 7/01/05 through 12/01/05 at 1 @ 75235; 5 @ 960.85 per month. Monthly Payments Plus Late Charges Accrued: NSF: Inspections: Other - Escrow: Other - Expenses: (Suspense): Total amount to cure default $5,663.55 $0.00 $50.00 $296.29 $325.00 0.00 $6,334.84* See paragraph below headed "HOW TO CURE THE DEFAULT" B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A *HOW TO CURE THE DEFAULT-You may cure the default within THIRTY THREE (33) DAYS from the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,334.84, 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 by cash, cashier's check certified check or money order made payable and sent to: PHELAN HALLINAN & SCHMIEG, L.L.P., One Penn Center at Suburban Station, 1617 JFK Blvd., Suite 1400, Philadelphia, PA 19103-1814. You can cure any other default by taking the following action within THIRTY THREE (33) DAYS from the date of this letter. (Do not use if not applicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY THREE(33) DAYS from the date of this Notice, the lender intends to exercise its rights to accelerate the contract debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the contract in monthly installments. If full payment of the total amount past due is not made within THIRTY THREE(33) DAYS, the lender also intends to instruct its attorney to start legal action to start eviction proceedings upon your contract propert . IF THE CONTRACT IS TERMINATED- If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY THREE (33) DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the contract. RIGHT TO CURE THE DEFAULT PRIOR TO EVICTION-If you have not cured the default within the THIRTY THREE (33) DAY period and eviction proceedings have begun, you still have the right to cure the default and prevent the eviction at anv time up to one hour before the eviction You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the eviction and any other costs connected with the eviction as specified in writing by the lender and by performing any other requirements under the contract Curing your default in the manner set forth in this notice will restore your contract to the same position as if you had never defaulted. EARLIEST POSSIBLE EVICTION DATE-It is estimated that the earliest date that such eviction from the property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the eviction will be sent to you. Of course, the amount needed to cure the default will increase the longer you wait. You may 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 DEFAULT IN ANY EVICTION PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE CONTRACT DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED If this is the first notice that you have received from this office, be advised that: you may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from receipt of this letter, this firm will obtain and provide you with written verification thereof, otherwise the debt will be assumed to be valid, Likewise, if requested within thirty (30) days from receipt of this letter, the firm will send you the name and address of the original creditor if different from above. Very truly yours, PHELAN HALLINAN & SCHMIEG, L.L.P. FH(mas Cc: Countrywide Home Loans, Inc. Attn: Lacey Nogueira Account No.: 21827070 Mailed by 1" Class Mail and by Certified Mail Nos: 70051820 00001845 634616353 EXHIBIT "I" VERIFICATION Diane Deloney hereby states that he/she is a (M ool/ for the Foreclosure Department for Countrywide Home Loans, mortgage-servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action for Ejectment is correct to the best of her knowledge, information and belief. Furthermore, the Plaintiff herein, Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1, without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003, is the investor of the land installment contract, while, Countrywide Home Loans, Inc. is the servicer of the installment contract. Countrywide Home Loans, Inc., has records which are kept in the regular course of business regarding all sums received and disbursed on the Defendants' land installment contract. I have these records in my possession and am therefore the custodian of these records. The reason for Plaintiff not signing the instant verification is because it is the investor on the installment contract and not familiar with the day-to-day activity on the installment contract. It is Countrywide Home Loans, Inc., which keeps these account records, not the Plaintiff. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unworn falsification to authorities. iane elo ey Dat m Neenan, Richard L. - PHS # Loan No. 21827070 VERIFICATION Joseph P. Schalk, Esquire hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this Verification, and that the statements made in the foregoing Response to Preliminary Objections are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Date: February 19, 2007 BY: ?[,Jba.-u J JeP. Schalk, Esquire At ornev for Plaintiff ELAN HALLINAN & SCHMIEG, LLP 1617 J.F.K. Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE IDENTIFICATION NO.: 91656 ONE PENN CENTER AT SUBURBAN STATION 1617 J.F.K. BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 7105 Corporate Drive Plano, TX 75024 VS. Richard L. Neenan, III Claramae Neenan 91 Cold Spring Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION No. 06-819 CERTIFICATE OF SERVICE I hereby certify that a copy of the Plaintiff s Response to Defendants' Preliminary Objections, Brief and attached documents were served upon counsel for the Defendants by first class mail, postage prepaid, at the address and on the date listed below: Edgar R. Casper 105 Locust Street Harrisburg, PA 17101 DATE: 2 (1( 0"7 . Ak--E? Jose h . :Schalk, Esquire Atto ey for Plaintiff C`? ra ch O r1ri > ' : = CZ) 10 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1, without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Richard L. Neenan, 111, Claramae B. Neenan NO. 06-819 CIVIL TERM ORDER OF COURT AND NOW, March 1, 2007, by agreement of counsel, the above-captioned matter is continued from the February 28, 2007 Argument Court list. Counsel is directed to relist the case when ready. Achele M. Bradford, Esquire For the Plaintiff Aar R. Casper, Esquire ? For the Defendant Court Administrator kam I 0 0.1 WJ Z-- VW LGOZ :'Hi AO PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE IDENTIFICATION NO.: 91656 ONE PENN CENTER AT SUBURBAN STATION 1617 J.F.K. BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for Vendee Mortgage Trust 2003-1 without recourse, except as provided in a CUMBERLAND COUNTY Pooling and Servicing Agreement dated February 1, 2003 CIVIL DIVISION 7105 Corporate Drive Plano, TX 75024 No. 06-819 VS. Richard L. Neenan, III Claramae Neenan 91 Cold Spring Road Carlisle, PA 17013 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached, original Verification of Diane Deloney, Manager for the Verification attached to Plaintiff's Complaint filed in the Jc A on or abouLFebruary 9, 2006. Schalk, Esquire for Plaintiff Date: March 13, 2007 VERIFICATION Diane Deloney hereby states that he/she is a ?kkkgC/ for the Foreclosure Department for Countrywide Home Loans, mortgage-servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action for Ejectment is correct to the best of her knowledge, information and belief Furthermore, the Plaintiff herein, Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1, without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003, is the investor of the land installment contract, while, Countrywide Home Loans, Inc. is the servicer of the installment contract. Countrywide Home Loans, Inc., has records which are kept in the regular course of business regarding all sums received and disbursed on the Defendants' land installment contract. I have these records in my possession and am therefore the custodian of these records. The reason for Plaintiff not signing the instant verification is because it is the investor on the installment contract and not familiar with the day-to-day activity on the installment contract. It is Countrywide Home Loans, Inc., which keeps these account records, not the Plaintiff. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unworn falsification to authorities. iane elo ey Dat h6 / Neenan, Richard L. - PHS # Loan No. 21827070 PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE IDENTIFICATION NO.: 91656 ONE PENN CENTER AT SUBURBAN STATION 1617 J.F.K. BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse, except as provided in a Pooling and Servicing Agreement dated February 1, 2003 7105 Corporate Drive Plano, TX 75024 VS. Richard L. Neenan, III Claramae Neenan 91 Cold Spring Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION No. 06-819 CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Praecipe to Substitute Verification was served by regular mail on Defendants on the date listed below: Edgar R. Casper 105 Locust Street Harrisburg, PA 17101 DATE: _ lk, Esquire Scha Jo repeP; At v or Plaintiff N er+ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2003-1 without recourse, except as provided in A Pooling and Servicing Agreement dated February 1, 2003, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD L. NEENAN, III AND CLARAMAE B. NEENAN, DEFENDANTS 81q 06CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this day of April , 2007, the preliminary objections of defendants to plaintiffs complaint, ARE DISMISSED. By th o/(AA4? Edgar B. a 4ey, J. oseph P. Schalk, Esquire For Plaintiff Korg arR. Casper, Esquire Defendant J sal ? ?? °`? c_*; - s+--= ? ? c? ? .- 'r".7 ,;_ -? L"-S <'T-- ? L?.- - ;,,,,. 5 ,?,,,,r. N - ? ? t '?t n.V O_ .J a g (V I ?' C-) y r Y cr 1 O O tn r-4 C b M ro ro P H b r 0 pi Cr. v Cn O y w8 .^. cu . G By virtue of this writ, on the I caused the within named vI V =r -1 O Fr ^ n O Erg EA Erg Erg N o ny b w? w ? 01 ? ?z C-4 0 xO H Z ? x Cn bd r z 9zzzz ? Z V ?C:"-. H ro M bEH t:l OH7dt+, n ?-. Nt0''y'tCVOi , z oH0.3U, 0zC-1 tncl w47Httl:z tjCj t"n Pd z ?z M pd En ? m H H C 7 y0?oz Q Cn trial y0 4?9HGy')H ?? ?t? b0 2:W OCO zz H 11 0HHb r) E 61 g rn C7 O K > Uj C) L--) z0 P4 Z 1 En ~ 0-4 W a O O O 1 ao r ?O n C H r day of to have possession of the premises described with the appurtenances, and Writ o f - Po s s e s; l i o n returned STAYED, per instructions from Atty 3120107 Sheriff's Return Advance Costs: 150.00 Docketing 18.00 Sheriff's Costs: 58.96 oun age Prothy 1.00 91.04 Milage 8.80 Surcharge 58.96 So Answer Sworn and subscribed to before me this ??'??,r - e? day of S iff By Prothonotary. WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) DEUTSCHE BANK NATIONAL TRUST COMPANI IN THE COURT OF COMMON PLEAS OF ET AL. CUMBERLAND COUNTY, PENNSYLVANIA No. 06-819 CIVIL Term C No. Term vs. RICHARD L. NEENAN, III., Costs Att'y. $ 273.91 CLARAMAE B. NEENAN pj'ff JOHN OSBORN AND/OR OCCUPANTS (S) $ Prothy. $ 1.00 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: DEUTSCHE BANK NATIONAL TRUST COMPANYL AS TRUSTEE FOR VENDEE MORTGAGE TRUST 2003-1 WITHOUT RECOURSE, EXCEPT AS PROVIDED IN A POOLING AND SERVICING AGREEMENT DATED FEBRUARY 1, 2003 Plaintiff (s) being: (Premises as follows): 91 COLD SPRINGS ROAD CARLISLE, PA 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. h otho , Common of ?Piberl County, Pennsylvania Sate February 1, 2007 By: (SEAL) ? l PHELAN HALLINAN & SCHMIEG By: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse Except as Provided in a Loan Sale Agreement dated February 1, 2003 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs No. 06-819 Richard L. Neenan, Claramae B. Neenan Or occupants Cumberland County 91 Cold Springs Road Carlisle, PA 17013 TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse Except as Provided in a Loan Sale Agreement dated February 1, 2003 and against the Defendant(s) Richard L. Neenan, Claramae B. Neenan for possession of premises 91 Cold Springs Road, Carlisle, PA 17013 pursuant to the attached fully executed Stipulation for Judgment. Default Judgment entered as indicated above. Michele M. Bradford, Esquire Attorney for Plaintiff DATE PHELAN HALLINAN & SCHMIEG, LLP By: Jenine R. Davey, Esquire Identification No. 87077 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 Without recourse Except as Provided in a Pooling and Servicing Agreement dated February 1, 2003 vs. Richard L. Neenan, III. Claramae B. Neenan And/or occupants 91 Cold Springs Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 06-819 Civil Term Cumberland County AND NOW, This _aL of .? rn , 2007 it is hereby agreed by and between Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse Except as Provided in a Pooling and Servicing Agreement dated February 1, 2003 (hereinafter "Plaintiff'), by and through its counsel, Jenine R. Davey, Esquire, and Richard L. Neenan, III. and Claramae B. Neenan (hereinafter "Defendants/Occupants "), by and through their counsel, Edgar R. Casper, Esquire, as follows: WHEREAS, Plaintiff and Defendants, Richard L. Neenan, III., Claramae B. Neenan, entered into an Installment Contract for the property located at 91 Cold Springs Road, Carlisle, PA 17013 (hereinafter referred to as Premises"), on or about October 23, 2002; WHEREAS, Plaintiff is the real owner of the Premises, by Deed dated February 27, 2003; WHEREAS, Plaintiff filed a Complaint for Ejectment Based on an Installment Contract for Sale of Real Estate (hereinafter the "Complaint") against Defendants/Occupants on or about February 9, 2006 for possession of the premises; WHEREAS, Richard L. Neenan, III. and Claramae B. Neenan are Defendants/Occupants of the subject premises; WHEREAS, the Defendants/Occupants filed Preliminary Objections to Plaintiffs Complaint on January 29, 2007; WHEREAS, the Defendants/Occupants Preliminary Objections to Plaintiffs Complaint were overruled on April 4, 2007; WHEREAS, the parties to this Stipulation for Judgment are desirous of resolving the issues raised in the Complaint. AND NOW THEREFORE, each in consideration of the promises to the other, to be legally bound thereby, Plaintiff and Defendants/Occupants agree as follows: 1. That judgment is hereby entered for Plaintiff and against Defendants/Occupants for possession of the Premises. 2. Defendants/Occupants shall peacefully vacate the Premises. 3. In exchange for Defendants/Occupants agreement to entry of judgment and vacating the premises, Plaintiff may immediately move forward and obtain a Writ of Possession in favor of Plaintiff. 4. No further stays and defenses will be filed by the Defendants/Occupants. AIP 5. Any future Bankruptcy filings by Defendants/Occupants shall not apply to Plaintiffs ejectment action, and Defendants/Occupants will stipulate to grant Plaintiff relief from the Bankruptcy automatic stay upon Plaintiff s request. 6. In exchange for Defendants/Occupants agreement to the entry of judgment and vacating the premises, Plaintiff agrees not to pursue Defendants/Occupants for any deficiency after the entry of judgment and vacating the premises. 7. The foregoing represents the true and complete agreement between the parties any amended or extension thereof shall not be valid, unless in writing, signed by all signatories to this agreement. 8. This Stipulation may be executed on Counterpart. 9. The attorneys executing this Stipulation have done so only after having discussed the terns with their respective client and having obtained their consent to be bound by the terms of this Stipulation. Date: 0 A-141 L??A Jeni e R Davey, Esquire Atto for Plaintiff Date: G L 7 c 0&1 Edgar R. per, Esquire Attorney for Defendants, Richard L. Neenan, III. and Claramae B. Neenan PHELAN HALLINAN & SCHMIEG By: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee for Vendee Mortgage Trust 2003-1 without recourse Except as Provided in a Loan Sale Agreement dated February 1, 2003 vs Richard L. Neenan, Claramae B. Neenan Or occupants 91 Cold Springs Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 06-819 Cumberland County Michele M. Bradford, Esquire, hereby verifies that she is Attorney for Plaintiff in the above captioned matter, and that on information and belief, her 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 Richard L. Neenan, is over 18 years of age, and resides at 105 Wyoming Avenue, Middletown, PA 17057. (c) That defendant Claramae B. Neenan is over 18 years of age, and resides at 105 Wyoming Avenue, Middletown, PA 17057. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. Michele M. Bradford, Esquire Attorney for Plaintiff - ? C-5 :: , W V 4rJ PHELAN HALLINAN & SCHMIEG By: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank National Trust Company as Trustee for Vendee Mortgage Trust 2003-1 without recourse Except as Provided in a Pooling and Servicing Agreement dated February 1, 2003 vs Richard L. Neenan, III.; Claramae B. Neenan, John Osborn or occupants 91 Cold Springs Road Carlisle, PA 17013 TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 06-819 Civil Cumberland County Kindly enter Judgment in Ejectment in favor of the Plaintiff, Deutsche Bank National Trust Company as Trustee for Vendee Mortgage Trust 2003-1 without recourse Except as Provided in a Pooling and Servicing Agreement dated February 1, 2003 and against the Defendant(s) John Osborn and or occupants for possession of premises 91 Cold Springs Road, 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. Michele M. Bradford, Esquire Attorney for Plaintiff Default Judgment entered as indicated above. DATE i t w PHELAN HALLINAN & SCHMIEG Francis S. flallinan, Esquire ID# 62695 One Penn Center, Suite 1404 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust Company as Trustee for Vendee Mortgage Trust 2003-1 Without recourse Except as provided in a Pooling and Servicing Agreement dated February 1, 2003 vs Richard L. Neenan, III. Claramae B. Neenan And/or occupants TO: John Osborn (Occupant) 91 Cold Springs Road Carlisle, PA 17013 DATE OF NOTICE: Ma 1, znn7 Court of Common Pleas CIVIL DIVISION No. 06-819 Civil Cumberland County **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.** TWORTANT NOTICF. 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 Michele M. Bradford, Esquire Attorney for Plaintiff Cc: Edward Casper, Esquire Zits A&IFM oil 9l COL• D 8P'R NOS ROAD CAllLll U PA 17013 CUM SKLAND COUNTY And it domfUnd as follows: ALL 11 Am NO 1R pAxmlls'!i #XT=dw tx TUB Tommup aP stain= m 7 cm" v our Qmm?jn Aim 0136109"u"x (W p lELV!l Iai, 7 IEi .> V=T '>s l:9?t3lD A mm MkT= o / 7/2603 "/H/2003, AM= TM I#MD KNOMM OF m' *=W AM 5771V2 49T 1aR17C MOM, I1t DEAD VOLUM 3,57 PAP _PAW 1932 . MORfA c 91 COW fn=QS ID.; Cpl SLII, pal 17013 TAX H" OR PUM ID NO. 04-37-2376-022 } PHELAN HALLINAN & SCHMIEG By: Michele M> Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank National Trust Company as Trustee for Vendee Mortgage Trust 2003-1 without recourse Except as Provided in a Pooling and Servicing Agreement dated February 1, 2003 vs Richard L. Neenan, III., Claramae B. Neenan, John Osborn or occupants 91 Cold Springs Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 06-819 Civil Cumberland County Michele M. Bradford, hereby verifies that she is Attorney for Plaintiff in the above captioned matter, and that on information and belief, she 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 John Osborn Or occupants, is over 18 years of age, and resides at 91 Cold Springs Road, Carlisle, PA 17013. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. Michele M. Bradford, Esquire Attorney for Plaintiff G ., o wl ? v PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Deutsche Bank National Trust Company as Trustee for Vendee Mortgage Trust 2003-1 without recourse Except as Provided in a Pooling and Servicing Agreement dated February 1, 2003 vs Richard L. Neenan, III., Claramae B. Neenan, John Osborn or occupants 91 Cold Springs Road Carlisle, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION No. 06-819 Civil Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of 91 Cold Springs Road, Carlisle, PA 17013 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 91 Cold Springs Road Michele M. Bradford Esquire ATTORNEY FOR PLAINTIFF a ? g C. f? 0 0 1 m cr?a jam. +A WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) DEUTSCHE BANK NATIONAL TRUST COMP AS TRUSTEE VENDEE MORTGAGE TRUST 2003 T COURT OF COMMON PLEAS OF WTTHOUT RECOURSE EXCEPT AS FRUVIUZ CUMBERLAND COUNTY, PENNSYLVANIA IN A POOLING AND SERVICING DATED FEBRUARY 1, 2003 vs. RICHARD L. NEENAN, III. CLARAMAE B. NEENAN, JOHN OSBORN AND/OR OCCUPANTS No. 06-819 CIVIL Term No. Term Costs Att'y. $ 389.87 Pl'ff(s) $ Prothy. $ d . oa COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBER LAND: 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: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE VENDEE MORTGAGE TRUST 2003-1 WITHOUT RESCOURSE EXCEPT AS PROVIDED IN A POOLING AND 8E"tCtN6 *0"EMENT DATED FEBRUAM 1. 9003 being: (Premises as follows): 91 COLD SPRINGS ROAD, CARLISLE, PA 17013 Plaintiff (s) (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date 9119/fir] ` (SEAL) notary, Common Pleas of Cumberland County, Pennsylvania By: Deputy a ro a n .o o o i-? .., ? z sv `.G ? o b C cn ??, y W O Q X00b, IC09 69 -Gq PUN By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, an Qn H (3) C*M O O : O H N 0:3 H c i? W M 4 L=i ? A z C © C y Mz o ? c tid d7 n G H HH ?i a " tyzo> > oil a W i z z O O O 1 O to So Answers, Sworn and subscribed to before me ti is day of Sheriff By WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) DEUTSCHE BANK NATIONAL TRUST COMP AS TRUSTEE VENDEE MORTGAGE TRUST 2003 THE COURT OF COMMON PLEAS OF wT ,nCUMBERLAND COUNTY, PENNSYLVANIA IN A POOLING AND SERVICING AGREEMEI DATED FEBRUARY 1, 2003 vs. RICHARD L. NEENAN, III. CLARAMAE B. NEENAN, JOHN OSBORN AND/OR OCCUPANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: No. 05-819 CIVIL No. Att'y. Pl' ff (s). Prothy. To the Sheriff of CUMBERLAND County, Pennsylvania Term Term Costs $ .389.s? $ a.co (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE VENDEE MORTGAGE TRUST 2003-1 WITHOUT RESCOURSE EXCEPT AS PROVIDED IN A POOLING AND 8 BRVte1-z 6REEMENT- P"TEDFEBRUARY-4, 2903 Plaintiff (s) being: (Premises as follows): 91 COLD SPRINGS ROAD, CARLISLE, PA 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. )ate q 18ho (SEAL) n notary, C'.ommon Pleas Court of berland County, Pennsylvania By: Deauty tw" _ I-j Y r-L N Cl) %-0 ?- a "CD? H O O ty t=i to b ? 9 H O ? rr 47 't7 ov CA 0 W p CO t CIO)i -tt l7 r`] b W ? w a l 1 SOH W Car! C+Z. O c°? p O ty=1 to to • 0 O O P 7d g3 M P A dy Cl) L4 C? w A0 H tl? `Je? H y .. ro?C rn H :z :z y C n H 82 t,.y ? * 0-W b' r Z C.) > c?af- r? By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and Writ of Possession returned Stayed 11/8/07 per Atty. Sheriff's Return: Advance Costs: 150.00 Docketing 18.00 Sheriff's Costs: 45.70 Poundage .90 104.30 Proth 2.00 Milage 4.80 RPflnded to Atty L /8/n7 Surcharge 20.00 45 - 70 111 gp? ?,.?., Sworn and subscribed to before me this day of Prothonotary ? b ? O b a (7 O COD M O O N f?D 3 B So Answers, Sheriff By -- 12 Deputy ? `? to Phelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq. I.d. 206779 One Penn Center @ Suburban Station Attorney for Plaintiff Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank National Trust Company, As Trustee for Vendee Mortgage Trust 2003-1 Without recourse Except as provided in a Loan Sale Agreement dated February 1, 2003 Plaintiff Court of Common Pleas VS. Cumberland County No. 06-819 Richard L. Neenan, III. Claramae B. Neenan And/or occupants Defendant(s) PRAECIPE TO SATISFY JUDGMENT FOR POSSESSION TO THE PROTHONOTARY: Kindly mark the judgment filed on August 14, 2007 against r L. enan, III. and Claramae B. Neenan as SATISFIED as of record. ?tD Date Phelan, lin Schmieg, LLP Lawrence . Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq. I.d. 206779 Attorney for Plaintiff z PHS# 125018 r? FILED i: ;ARY 20 09 JA 22 431` l-"', - 3' 8 Ga #F 00 Aqy ea s issf Nrt a;1(v5» 4 , v