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HomeMy WebLinkAbout09-3255% q 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 205526 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 Plaintiff V. MELVIN JUAREZ JULIE A. JUAREZ 5243 DEERFIELD AVENUE HAMPDEN TOWNSHIP, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (3 5 - 3 ,? rS pry,` ? `f cr^ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 205526 ? , 7 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 (717) 249-3166 File #: 205526 1 . 7 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 2. The name(s) and last known address(es) of the Defendant(s) are: MELVIN JUAREZ JULIE A. JUAREZ 5243 DEERFIELD AVENUE HAMPDEN TOWNSHIP, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/23/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST FRANKLIN A DIVISION OF NAT.CITY BANK OF IN which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1932, Page 1834. By Assignment of Mortgage recorded 01/30/2006 the mortgage was assigned to FIRST FRANKLIN FINANCIAL CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 724, Page 2282. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01 /01 /2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 205526 0, 0 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $174,667.12 Interest $6,574.54 12/01/2008 through 05/20/2009 Attorney's Fees $1,300.00 Cumulative Late Charges $439.04 11/23/2005 to 05/20/2009 Cost of Suit and Title Search 750.00 Subtotal $183,730.70 Escrow Credit $0.00 Deficit $16.23 Subtotal 16.23 TOTAL $183,746.93 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 205526 0, 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $183,746.93, together with interest from 05/20/2009 at the rate of $43.54 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Lawr nce T. Phelan, Es u re Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire ?Michele M. Bradford, Esquire 1,D . Wf, Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 205526 a? s LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Good Hope Farms, Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the intersection of the easterly line of Deerfield Avenue and the northerly line of Maypole Drive, as shown on the hereinafter mentioned Plan of Lots; thence by the northerly line of Maypole Drive, North eighty-eight (88) degrees ten (10) minutes East, one hundred and forty (140.00) feet to a point in the line of other land now or formerly of Freddie Sgrig & Son, Inc.; thence by the same, North one (01) degree fifty (50) minutes West, one hundred and twenty (120.00) feet to the dividing line between Lot Nos. 1 and 2 of Section 'F'; thence by said dividing line, South eighty-eight (88) degrees ten (10) minutes West, one hundred and forty (140.00) feet to the easterly line of Deerfield Avenue; thence by same, South one (01) degree fifty (50) MINUTES East, one hundred and twenty (120.00) feet to the place of BEGINNING. BEING Lot No. 1, Section'F', on Plan No. 5 of Good Hope Farms, which Plan was recorded 29 March 1968, in the Office of Recorder of Deeds in and for Cumberland County, in Plan Book 19, Page 72. BEING known and numbered as 5243 Deerfield Avenue, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Richard M. Truran and Joyce Truran, husband and wife, by Deed bearing date the 23rd day of November, 2005, and about to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Melvin Juarez and Julie A. Juarez, husband and wife. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. ADDRESS: 5243 DEERFIELD AVENUE. PARCEL #10-18-1319-098 File #: 205526 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: Attorn for Plaintiff File #: 205526 P-: r. b x 44 ;? 15- Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy etuurtb#t, 41, QFFCE OF THE SHERIFF Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/26/2009 06:45 =. -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 26, 2t 1845 hours, he served a true copy of the within Complaint In Mortgage Foreclosure, upon the within nom ed defendant, to wit: Melvin Juarez, by making known unto himself personally, defendant at 5243 rfreld Avenue Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same ti rr?e handing to him personally the said true and correct copy of the same. 05/26/2009 06:45 P - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, ,states that on May 26, 200 at 1845 hours, he served a true copy of the within Complaint In Mortgage Foreclosure, upon the within n med defendant, to wit: Julie A. Juarez, by making known unto Melvin Juaret, husband of the defenda t at 5243 Deerfield Avenue Mechanicsburg, Cumberland County, Pennsylvania 17050 its content and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: May 27, 2009 l90 Bank National Co. Melvin Juarez SO ANSWERS,] R THOMAS KLINE, SHERIFF By Deputy Sheriff - i s co Ir, CC1 0I Phelan Hallinan & Schmieg, LLP By: 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF3, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF3 CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION : No. 09-3255-CIVIL TERM VS. MELVIN JUAREZ JULIE A. JUAREZ PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MELVIN JUAREZ, and JULIE A. JUAREZ, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $183,746.93 Interest - 05/21/2009 to 06/29/2009 $1,741.60 TOTAL $185,488.53 I hereby certify that (1) the Defendants' last known address is 5243 DEERFIELD AVENUE, MECHANICSBURG, PA 17050-6839, and (2) that n I has been ?gi?ven jai accordance with Rule 237.1, copy attached. ???' ? 1?l LawreWce" TrPhelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 7 f ad ?C? PHS # 205526 PROTHONOTARY DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3 Plaintiff V. MELVIN JUAREZ JULIE A. JUAREZ Defendant(s) TO: MELVIN JUAREZ 5243 DEERFIELD AVENUE MECHANICSBURG, PA 17050-6839 DATE OF NOTICE: June 16, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-3255-CIVIL TERM CUMBERLAND COUNTY 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 AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO ]'HE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 205526 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, E . d. 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 etal 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 205526 'a DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3 Plaintiff V. MELVIN JUAREZ JULIE A. JUAREZ Defendant(s) TO: JULIE A. JUAREZ 5243 DEERFIELD AVENUE MECHANICSBURG, PA 17050-6839 DATE OF NOTICE: June 16, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-3255-CIVIL TERM CUMBERLAND COUNTY 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 AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH IN FORMATION ABOUT HIRING A LAWYER. PHS # 205526 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 'ku-? a C-\ By: Lawrence T. Phelan, Es ., Id No. 32227 Francis S. Hallinan, Esq., o. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ,,-S'lie-etal 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., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 205526 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff 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., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN COURT OF COMMON PLEAS TRUST 2006-FF3, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES CIVIL DIVISION 2006-FF3 : No. 09-3255-CIVIL TERM VS. MELVIN JUAREZ JULIE A. JUAREZ VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MELVIN JUAREZ is over 18 years of age and resides at 5243 DEERFIELD AVENUE, MECHANICSBURG, PA 17050-6839. (c) that defendant JULIE A. JUAREZ is over 18 years of age and resides at 5243 DEERFIELD AVENUE, MECHANICSBURG, PA 17050-6839. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. La ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff FILE'Ll 2084 JUL - l ( I 1?';v C/c ?t sa??v? tiIOt?C? lei ' (Rule of Civil Procedure No. 236) - Revised DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST COURT OF COMMON PLEAS 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3 VS. : CIVIL DIVISION : No. 09-3255-CIVIL TERM MELVIN JUAREZ JULIE A. JUAREZ 5243 DEERFIELD AVENUE MECHANICSBURG, PA 17050-6839 Notice is given that a Judgment in the above captioned matter has been entered against you on L By. / i4E?"p If you have any questions concerning this m c fa1t/ **-)\ Lawrenc't-I. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFALIEN AGAINST PROPERTY." 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., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3 Plaintiff VS. MELVIN JUAREZ JULIE A. JUAREZ Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-3255-CIVIL TERM : CUMBERLAND COUNTY PHS #: 205526 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire fvZ-6% Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Date: 7-8-09 PHS #: 205526 .46- VERIFICATION "-I "'_ t.a hereby states that he/she is f HOME LOAN SERVICES, INC., servicing agent for Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ? 21- Nat: y ?CK-c? I.'S Title: et, S?- Company: HOME LOAN SERVICES, INC. File #: 205526 Juarez 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., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3 Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-3255-CIVIL TERM : CUMBERLAND COUNTY VS. MELVIN JUAREZ JULIE A. JUAREZ Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: MELVIN JUAREZ 5243 DEERFIELD AVENUE MECHANICSBURG, PA 17050-6839 JULIE A. JUAREZ 5243 DEERFIELD AVENUE MECHANICSBURG, PA 17050-6839 Phelan Hallinan & Schmieg, LLP Attornev for Plaintiff By: Z lam- Lawrence T. Phelan, Esquire / G FYancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Date: 7-8-09 J FLEE) 1PI n r r 20 9 JJ 10 ', ,; D DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3 vs. MELVIN JUAREZ JULIE A. JUAREZ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3255-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE The undersigned attorney hereby verify as follows: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". DATE: ~ ~ ~Z Francis S. Hallman, 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 Je ne R. Davey, Esq., Id. No. 87077 auren 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., Id No. 206779 Andrew C. 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'« O 'N ~ 5 w 'v' o A ~~~~ ~ E_ ~ mom' % I..i ~ U .G ~ ~ o c U ~ ~ X C E ~ w .° ~ GOi O O w ..U. .LCi 5 C G O tO ~ E E ~ ~ C ~ L ~ G d 5 y r, $ ' ~ 60 ~W'~ " v °' E'° o ~ °' °o 'o y ~ °. m ,~ ~ A N V N L C O ~ L .~ COi 'O ~ N w .O U ~ O Q, N ~ ~ C ~ e~.o a~ d'D O CCyy 7~S~E N N~ M W G v~~ G W O w h ~--~ O O O ~ O~ Aor E`n .d E-~ $ ~ A E v ~ o d~ - o0 ~ ~ C u o 0 d~poo ~~ H~a ~~ .s N a N a ~~ W ~w ~~ ¢~ 'a O 0 a° v ~~ ,~ z ; ~a b G T y ~ A N z ~' o ~ ~ ;, F fS~. ~L _ 7 •~' ., ., ~, , ~_, ... DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006- FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3 Plaintiff, v. MELVIN JUAREZ JULIE A. JUAREZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3255-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 5243 DEERFIELD AVENUE, MECHANICSBURG, PA 17050-6839. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) MELVIN JUAREZ 5243 DEERFIELD AVENUE MECHANICSBURG, PA 17050-6839 JULIE A. JUAREZ 5243 DEERFIELD AVENUE MECHANICSBURG, PA 17050-6839 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) FIRST FRANKLIN 2150 NORTH FIRST STREET, SUITE 100 FINANCIAL CORPORATION SAN JOSE, CA 95131 5. Name and address of every other person who has any record lien on the property: Name None Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None . 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 5243 DEERFIELD AVENUE MECHANICSBURG, PA 17050-6839 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`~ Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 I verify that the statements made in this affidavit a rue and correct to the best of my personal knowledge or information and belief. I understand that al e statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswc~rn f~ll~cation to authorities. DATE ~l ~,'Z~,~ ~^ Lawrence T. Phelan; Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 f7 Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 L; Judith T. Romano, Esq., Id. No. 58745 ^ Sl~etal R. Shah-Jani, Esq., Id. No. 81760 17 enure R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 C~ Vivek Srivastava, Esq., Id. No. 202331 I~ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 C Andrew L. Spivack, Esq., Id. No. 84439 C Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Ca Joshua I. Goldman, Esq., Id. No. 205047 CI Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 ~ -__ -: ",S ry r! ,. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ,.,,~:~ qt ~:air,;r~~~~~~ ~ _~ .~ .r I_. ~ Edward L Schorpp Solicitor ~o~a~P~~~ ~M9:2~ - •; : , s ': Deutsche Bank National Trust Company Case Number vs. Melvin Juarez (et al.) 2009-3255 SHERIFF'S RETURN OF SERVICE 09/24/2009 07:27 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on 09-24-09 at 1927 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Melvin Juarez & Julie A. Juarez, located at 5423 Deerfield Avenue, Mechanicsburg, Cumberland County, Pennsylvania according to law. 09/30/2009 06:08 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 09-30-09 at 1808 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Julie A. Juarez, by making known unto, Julie A. Juarez, personally, at 5243 Deerfield Avenue, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/30/2009 06:08 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 09-30-09 at 1808 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Melvin Juarez, by making known unto, Melvin Juarez, personally, at 5243 Deerfield Avenue, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/07/2009 Property sale postponed to 2/3/2010. 02/01/2010 Property sale postponed to 4/7/2010. 04/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4/6/10 SHERIFF COST: $706.46 SO ANSWERS, ~-. ~---- April 07, 2010 RON R ANDERSON, SHERIFF ,~a ..s'D~c~ CK~ 7s~.2-~ ,~~-qua sus DEUTSCHE BANK NATIONAL TRUST COMPANY; AS TRUSTEE FOR FIRST FRANI~.IN 1V~ORTGAGE LOAN TRUST 2006- FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3 Plaintiff, v. MELVIN JUAREZ JULIE A. JUAREZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3255-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 5243 DEERFIE_LD AVENUE, MECHANICSBURG, PA 17050-6839 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) MELVIN JUAREZ 5243 DEERFIELD AVENUE MECHANICSBURG, PA 17050-6839 JULIE A. JUAREZ 5243 DEERFIELD AVENUE MECHANICSBURG, PA 17050-6839 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None w 4. Name and address, of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) FIRST FRANKLIN 2150 NORTH FIRST STREET, SUITE 10 FINANCIAL CORPORATION SAN JOSE, CA 95131 5. Name and address of every other person who has any record lien on the property: Name None Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate} None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in „ the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 5243 DEERFIELD AVENUE MECHANICSBURG, PA 17050-6839 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Aveuue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 I verify that the statements made in this affidavit are e and correct to the best of my personal knowledge or information and belief. I understand hat f se statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswo fal f ation to authoriti s August 24, 2009 DATE ~O Lawrence T. Phelan, Esq., Id. No. 32~~ ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith .Romano, Esq., Id. No. 58745 ^ She al R. Shah-Jani, Esq., Id. No. 81760 ^ J ine R. Davey, Esq., Id. No. 87077 auren 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., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FHtST FRANKLIN MORTGAGE LOAN TRUST 2006- FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3 Plaintiff, v. MELVIN JUAREZ JULIE A. JUAREZ Defendant(s). CUMBERLAND COUNTY No. 09-3255-CIVIL TERM August 24, 2009 TO: MELVIN JUAREZ JULIE A. JUAREZ 5243 DEERFIELD AVENUE 5243 DEERFIELD AVENUE MECHANICSBURG, PA 17050-6839 MECHANICSBURG, PA 17050-6839 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 52.43 DEERFIELD AVENUE, MECHANICSBURG, PA 17050- 6839, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $185,488.53 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-3255-CIVIL TERM DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3 vs. MELVIN JUAREZ and JULIE A. JUAREZ owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, (Municipality) Pennsylvania, being 5243 DEERFIELD AVENUE, MECHANICSBURG PA 17050-6839 (Acreage or street address) Parcel No. 10-18-1319-098 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: 185,488.53 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Good Hope Farms, Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the intersection of the easterly line of Deerfield Avenue and the northerly line of Maypole Drive, as shown on the hereinafter mentioned Plan of Lots; thence by the northerly line of Maypole Drive, North 88 degrees 10 minutes East, 140.00 feet to a point in the line of other land now or formerly of Freddie Sgrig & Son, Inc.; thence by the same, North O 1 degree 50 minutes West, 120.00 feet to the dividing line between Lots Nos. 1 and 2 of Section 'F'; thence by said dividing line, South 88 degrees 10 minutes West, 140.00 feet to the easterly line of Deerfield Avenue; thence by the same, South O1 degree 50 minutes East, 120.00 feet to the place of BEGINNING. BEING Lot No. 1, Section 'F', on Plan No. 5 of Good Hope Farms, which Plan was recorded March 29, 1968, in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 19, Page 72. HAVING THEREON ERECTED a dwelling house known and numbered as 5243 Deerfield Avenue, Mechanicsburg, Pennsylvania. SUBJECT, HOWEVER, to the rights-of--way of utility lines and the setback lines shown on said Plan. TITLE TO SAID PREMISES IS VESTED IN Melvin Juarez and Julie A. Juarez, h/w, by Deed from Richard M. Truran and Joyce Truran, h/w, dated 11/08/2005, recorded 11/29/2005 in Book 272, page 527. PREMISES BEING: 5243 DEERFIELD AVENUE, MECHANICSBURG, PA 17050-6839 PARCEL NO. 10-18-1319-098 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N009-3255 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF3 Plaintiff (s) From MELVIN JUAREZ AND JULIE A. JUAREZ (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$185,488.53 L.L. $.50 Interest FROM 6/30/2009 - 12/09/2009 (PER DIEM - $30.91) - $5,038.33 Atty's Comm Atty Paid $172.90 Plaintiff Paid Date: AUGUST 26, 2009 (Seal) Due Prothy $2.00 Other Costs 1 1 ~ ~ .~ Cu 's R. Long, Pro ary ~_ - By: Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHNIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 93337 Real Estate Sale # On September 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as, 5243 Deerfield Avenue Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 9, 2009 B: Real Estate Coordinator ~'~~ll~~ The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ~latriot-News NoW you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Writ No. 2009-3255 CIvilT~rm . 10/23/09 Deutsche Bank National Trust Compan~t, asTrustes.for First 10/30/09 F[anklln Mortgage Loan Trust. 11/06109 2006-FF3, Mortgage Pass- Through CsrtHlcates, Series 2006-FF3 ~ ~.~ ~G~ ~- ~ 1 ~1 ~G~ va ~ . . -:.. - ..... . , .G ~~ ~ ~_ ~~,,; -r ' y November, 2009 A. D. worn to and~ubscribed before me thi 6 By of:w~a ~e. xo. a~-3~ss- , \ -~'- ,' IONAL TRUST NA / " ~/ _~ T DEUTSCHE BANK COMPANY, AS TRUSTEE. -FOR FIRST FRANKLIN MORTGAGE LOAN TRUST _-- - 'Notary Public - 2006-FF3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006•FF3 vs. MELVINNAREZandNLIEA:NAREZ owner(s) of property situate in the TOWNSHIP OF HAMPDEN; Cumberland County, ~,OfUIM,ONW~ ~T~ O~ p~NNSYLVJ~NI,'~ r`t0t3tld~ SraO Pennsylvania, being ;ih°rrfe L. IGsne;, ivatary public 5243 DEERFIELD AVENUE, ~ City ~f I•I~msi7utg, aauphBn County MECHANICSBURG, PA 1TD50-6839 , dVly CVn1rr!NSlQf? ~.+~reg Npy. 26, 2011 Parcel No. 10-18-1319-098 Improvements thereon: RESIDENTIAL ---~,~...._a~_ Member. Penn<yi~~ar.ia Asseciat on of Plokaries DWELLING PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-3255 Civil Deutsche Bank National Trust / Company, as Trustee for First ~--- Franklin Mortgage Loan Trust 2006-FF3, Mortgage Pass-Through Sa Marie COyrie, dltOr Certificates, Series 2006-FF3 °S' SW~I~ TO AND SUBSCRIBED before me this Melvin Juarez Julie A. Juazez 6 day of November 2009 Atty: Lauren Tabas j ! By virtue of a Writ of Execution No. ~ ~~ j/ ~~ 09 3255 CIVIL TERM, DEUTSCHE ~ `" '" L~G~ ~ ~ BANK NATIONAL TRUST COMPANY, NOtary ,/ AS TRUSTEE FOR FIRST FRANKLIN j MORTGAGE LOAN TRUST 2006- FF3, MORTGAGE PASS-THROUGH ®. ~_~ CERTIFICATES, SERIES 2006-FF3 NOTARIAL SEAL vs. MELVIN JUAREZ and JULIE A. DEBORAFI A COLLINS JUAREZ, owners of property situate No!ary Public in the TOWNSHIP OF HAMPDEN, CARLISLE BORO, CUMBERLAND COUNTY Cumberland County, Pennsylvania, being 5243 DEERFIELD AVENUE, My Commission Expires Apr 28, 2010 MECHANICSBURG, PA 17050- 6839. Pazcel No. 10-18-1319-098. Improvements thereon: RESIDEN- TIAL DWELLING.