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HomeMy WebLinkAbout09-4190i uJ UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 j/LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company as Indenture Trustee for American Home Mortgage Investment Trust 2006-3, Mortgage-Backed Notes, Series 2006-3 6501 Irvine Center Drive Irvine, CA 92618 Plaintiff V. Calvin W. Williams, III 149 South Locust Point Road Mechanicsburg, PA 17050 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. Q9 - `l??D C1 V? ?u COMPLAINT IN MORTGAGE FORECLOSURE 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 TARE 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 or PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 f AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 I NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: Deutsche Bank National Trust Company as Indenture Trustee for American Home Mortgage Investment Trust 2006- 3, Mortgage-Backed Notes, Series 2006-3 Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 7 North 29th Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Camp Hill COUNTY: Cumberland DATE EXECUTED: 11/29/05 DATE RECORDED: 12/1/05 BOOK: 1932 PAGE: 3864 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. I 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 6/12/09: Principal of debt due $85,652.80 Unpaid Interest at 6.75% from 1/1/09 to 6/12/09 (the per diem interest accruing on this debt is $15.84 and that sum should be added each day after 6/12/09) 2,599.08 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $235.82 and that sum should be added on the first of each month after 6/12/09) (992,09) Late Charges (monthly late charge of $29.03 should be added in accordance with the terms of the note each month after 6/12/09) 116.28 Recoverable Balance 100.00 Attorneys Fees (anticipated and actual to 5% of principal) 4,282.64 TOTAL $92,363.71 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of I Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowners Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $92,363.71 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN W , p. C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE SCHEDULE C Legal Description Commitment Number: GR05-1257REP ALL THOSE CERTAIN tracts or parcels of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and.described as follows, to wit: BEGINNING at an iron pin on the eastern side of Twenty-ninth Street and at other lands now, or formerly of Mrs. Hoffman; thence North forty-four degrees nine minutes East (N. 440 09' E.) fifty-eight and three-tenths (58.3) feet along Twenty-ninth Street to a point on the concrete approach to the building; thence in line with the center line of the partition between the two houses South fifty-five degrees thirty-six minutes. East (S. 550 36' E.), fifty-eight and forty-five hundredths (58.45) feet to an iron post; then ce along the fence to the garages South eighty-six degrees twenty-four minutes East (S. 86° 24' E.) thirty-seven (37) feet, more or less, to the center of the garage building; thence by the center of said building North eighty-eight degrees one minute East (N 880 01' E.) ten and five-tenths (10,5) feet, more or less, to the line of land now or formerly of Mrs. Mary Ott; thence by the line of land now or formerly of Mrs. Ott and O.B. Bischoff South no degrees twenty-nine minutes West (S. 0° 29' W.) forty-five and nineteen hundredths (45.19) feet to an iron pipe in line of the land of said Bischoff; thence by other lands now or formerly of Mrs. Hoffman, North sixty-seven degrees twenty minutes West (N. 670 20' W.) one hundred forty-four and forty-six hundredths (144.46) feet to an iron pin, the place of BEGINNING. CONTAINING 5500 square feet, more or less. HAVING thereon erected a two (2) story brick and frame one-half of a double dwelling house known as No. 7 North Twenty-Ninth Street and also a garage. BK 1932PG3885 STEWART TJTLE rn•o•vwv n•.vn•?rv z 0 m I? ID T N 5 ?p A >z? 2 r co V O i i N co O N F z vD cn 0TDD b 3 cn (D CD 0 x x CX n U. P CD % O x ? (n ? O 8 co c -4 CD 2 0 u' T 3 (b m w W I CD o 3 ?N-0 CD W y V O Q ? E; A Oo O O Cp d m CON N CO cc N CA D O t0 N co CD Z co CD . _ Z 7 fh 3 0 n C-i-u cn> D OM 0o s. ? O O C x 7 N 01 f0? 7 OC 2 DCn0 0 CO Cp N OD O d N Lrl N ?.I ru Ln r W ru 132 0' L-i RJ Ln 11 EXHIBIT A PC]. Box 631-1,30 Irving, TX 76063-1 M ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort age on our home is in default and the lender intends to foreclose. S ecific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home This Notice explains how the program works To see if HEMAP can hel ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and hone number of Consumer Credit Counseling Agencies servingyouur County are listed at the end of this Notice If you have an 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 NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. W NM PO, $ox 631; 30 Irving, TX 75061-1730 April 29, 2009 Calvin W Williams 7 N 29th St Camp Hill PA 17011 Homeowners Name: Calvin W Williams Property Address: 7 N 29th St, Camp Hill PA 17011 Loan Account No.: 0030840243 Current Lender/Servicer: American Home Mortgage Servicing, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE 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 MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to OP793 (Page 1 of 9) a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit 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 MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE 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 (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counselin a encies for the count in which the ro ert is located are set forth at the end of this Notice, or you may find them by visiting the website at http://www.phfa.org/ applications/counseling_agencies.aspx. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions to schedule one face-to-face meeting. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be postmarked within thirty (30) days of your face-to-face meeting. (Page 2 of 9) OP793 024 R58 r AHN.1 PC). Box 631; 30 Irving, TX 76063-1730 YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 foreclosure 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. (Page 3 of 9) OP794 015 R58 M C Re: Loan No. 0030840243 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 MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 7 N 29th St, Camp Hill PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments: 3 MONTHS @ $ 816.51 MONTHS @ $.00 (b) Previous late charges; (c) Other charges; Escrow, Inspection, NSF checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 2449.53 $ 87.25 $ .00 $ 0.00 $ 2536.78 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): OP795 (Page 4 of 9) e AHM aa. P0), Boa 631 " 30 ' :atir n? 1-ins, TX 75063-1730 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $2536.78, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to Overnight Mail Address Western Union Quick Collect American Home Mortgage Svc.Inc. Pay to: American Home Mortgage Svcg. 9600 Regent Blvd., Suite 200 Code City: Option, Ca Irving, TX 75063-1730 Code State: California You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not (applicable.) (Page 5 of 9) OP795 026 R58 Re: Loan No. 0030840243 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings 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 you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) 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 mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. 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 foreclosure sale and an other costs connected with the Sheriff's Sale as specified in writing b the lender and by performing any other requirements under the mortgage. OP796 (Page 6 of 9) R1fifJS:R7? H,, PC), Boy 63 1 '730 Irving, TX 75063••1730 Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. 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. (Page 7 of 9) OP796 015 R58 91 r Re: Loan No. 0030840243 HOW TO CONTACT THE LENDER: Name of Lender: American Home Mortgage Servicing, Inc. Address: 4600 Touchton Road East Bldg 200 Ste 102 Attn: Trivonda Porter, Sara Haliko and Selena Moore Address: Jacksonville, FL 32246 Phone Number: 877-304-3100 ext 41999 Fax Number: 1-866-497-1263 Contact Persons: Trivonda Porter, Sara Haliko and Selena Moore office hours: Monday through Friday 8:00 a.m. to 5:00 p.m. EST Email Address: PHFA@OOMC.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR 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 MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. 02797 (Page 8 of 9) e AHM01 x, PC), Box 631730 Irving, TX 75061-1730 * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. This communication is from a debt collector but does not imply that American Home Mortgage Servicing, Inc. is attempting to collect money from anyone whose debt has been discharged pursuant to (or who is under the protection of) the bankruptcy laws of the United States; in such instances, it is intended solely for informational purposes and does not constitute a demand for payment. (Page 9 of 9) OP797 038 R58 cyiraQ ffm F 2 TD o 0 Q OT>> ?o?CD to ED -i-0 cnD ?o?? CD OD -• --? o n CD m CD . o n 4 C) W 5. O x WW2 N m3' v t° C"?3 W 0 ?0?3 DLn 0o W O CD z CD V? CO W V p W } O t n 0O C) O CD 0 p OD 0 O co o O W O CO N O d O CC t0 cc O N C D co C D co C D CD z. CD z n 7 t0 n ?p 0 j n a: Ct) r co Cl) C -0 CO) G? 0 D ru -4 0 C) - - _ v o co - O r z 0 M D? n N [; g -r1 8 W A 121- A.HM01 PO, BBox 63 1730 ? S Irving, TX 75'00.1730 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on our home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY 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 OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with 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 NOTIFICACIbN 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 INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 0 e AL H P0. BOY. 631 -30 ::mac Irving, TX 75063-•1730 April 29, 2009 Calvin W Williams 149 S Locust Pt Rd Mechanicsburg, PA 17050- Homeowners Name: Calvin W Williams Property Address: 7 N 29th St, Camp Hill PA 17011 Loan Account No.: 0030840243 Current Lender/Servicer: American Home Mortgage Servicing, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE 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 MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to OP010 (Page 1 of 9) IN e a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit 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 MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE 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 (30) 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 property is located are set forth at the end of this Notice, or you may find them by visiting the website at http://www.phfa.org/ applications/counseling_agencies.aspx. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions to schedule one face-to-face meeting. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. (Page 2 of 9) OPO10 040 R36 aA rH M P.U. Box 631; 30 Irving, TX 7-1063-1730 YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 foreclosure 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. (Page 3 of 9) OPO11 020 R36 e Re: Loan No. 0030840243 ********************************************************************** 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 MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 7 N 29th St, Camp Hill PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments: 3 MONTHS @ $ 816.51 MONTHS @ $.00 (b) Previous late charges; (c) Other charges; Escrow, Inspection, NSF checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $ 2449.53 $ 87.25 $ .00 0.00 $ 2536.78 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): OP012 (Page 4 of 9) E ALH N?• PC). Box 63 1 i 3 S irvrng. TX Y5061-It 730 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $2536.78, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to Overnight Mail Address Western Union Quick Collect American Home Mortgage Servicing Pay to : American Home Mortgage Svg. 4600 Regent Blvd., Suite 200 Code City: Option, Ca Irving, TX 75063-1730 Code State: California You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not (applicable.) (Page 5 of 9) OP012 036 R36 RIM 4- Re: Loan No. 0030840243 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings 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 you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) 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 mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale 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 foreclosure sale and an other costs connected with the Sheriff's Sale as specified in writing b the lender and by performing any other reguirements under the mortgage. OP013 (Page 6 of 9) 5 OF PC). Boa 6317 30 a Irving, TX Y50'63-1730 Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. 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. (Page 7 of 9) 02013 026 R36 NWR NBU Re: Loan No. 0030840243 HOW TO CONTACT THE LENDER: Name of Lender: American Home Mortgage Servicing, Inc. Address: 4600 Touchton Rd East Bldg 200 Ste 102 Attn: Trivonda Porter, Sara Haliko and Selena Moore Address: Jacksonville, FL 32246 Phone Number: 877-304-3100 ext 41999 Fax Number: 1-866-497-1263 Contact Persons: Trivonda Porter, Sara Haliko and Selena Moore Office hours: Monday through Friday 8:00 a.m. to 5:00 p.m. EST Email Address: PHFA@OOMC.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR 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 MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. OP014 (Page 8 of 9) E P0. Box 63 1 no xt::r.?rv:mo? Irving. TX Y5063-•17.10 * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. This communication is from a debt collector but does not imply that American Home Mortgage Servicing, Inc. is attempting to collect money from anyone whose debt has been discharged pursuant to (or who is under the protection of) the bankruptcy laws of the United States; in such instances, it is intended solely for informational purposes and does not constitute a demand for payment. (Page 9 of 9) OP014 047 R36 MWIV N e V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. U N L OFF4'?ES , P. C. BY: ? -%,f- " I Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ZOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE C9 OF TI?E pp"'; 0 JJ7f 22t`e c' 3= # A I,. ??-1? 13 3 S(as ?/?e,? ddU?iJF Sheriff s Office of Cumberland County R Thomas Kline ~~tir ~;' ~urrilihr~~~ Edward L Schorpp Sheri ~"~ `~ Solicitor '. r, Ronny R Anderson Jody S Smith Chief Deputy o~~' ` ~ ~ ~ "~ ~..~air~ Civil Process Sergeant Deutsche Bank National Trust Company C se Number vs. 009-4190 Calvin W Williams, III SHERIFF'S RETURN OF SERVICE 06/23/2009 08:35 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states hat on June 23, 2009 at 2035 hours, he served a true copy of the within Complaint in Mortgage Foreclo ure, upon the within named defendant, to wit: Calvin W. Williams III, by making known unto himself perso ally, defendant at 149 South Locust Point Road Mechanicsburg, Cumberland County, Pennsylv nia 17055 its contents and at the same time handing to her personally the said true and correct copy oft a same. Deputy has advised address requested for service at 17 N. 29th Street Camp Hill, PA 1701 is not vacant this is a rental property. SHERIFF COST: $50.50 June 24, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF y Sheriff ~-~ r-.~_ r-= ~~ '~i ~ ~ ` "~1 ~,j '~ G i i ~ .J .': ,; e ., r.. "t '-< ..± 7 V. .{ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson - Jody S Smith ~~~ ~ ~ _ ,., , Chief Deputy L I ~. ~ .' ~ .~ ~: ~' ~ , Edward L Schorpp -,, Solicitor t~-;.I, Deutsche Bank National Trust Company Case Number vs. Calvin W Williams, III 2009-4190 SHERIFF'S RETURN OF SERVICE 09/25/2009 01:09 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 09-25-09 at 1309 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 Calvin Williams, III, located at 7 North 29th Street, Camp Hill, Cumberland County, Pennsylvania according to law. 09/29/2009 08:52 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 09-29-09 at 2045 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: Calvin W. Williams, III, by making known unto, Calvin W. Williams, III, personally, at 149 S. Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 10/23/2009 Property sale cancelled on 10/23/2009 01/21/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per letter of instruction from Attorney Chandra Arkema. SHERIFF COST: $2,146.49 SO~~/~d~/, V ~~ January 21, 2010 NY R ANDERSON, SHERIFF ~~- UO'Co ~,50~~ ., ~'~ kG 3 3~ ~.z,5 A X UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsCudren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company as Indenture Trustee =_CIVIL DIVISION for American Home Mortgage :Cumberland County Investment Trust 2006-3, Mortgage-Backed Notes, Series :MORTGAGE FORECLOSURE 2006-3 Plaintiff v. Calvin W. Williams, III NO. 09-4190 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company as Indenture Trustee for American Home Mortgage Investment Trust 2006-3, Mortgage-Backed Notes, Series 2006-3, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 7 North 29th Street, Camp Hill, PA 17011 1. Name and address of Owner(s) or reputed Owner(s): Name Address Calvin W. Williams, III 149 South Locust Point Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Scott A. Marlow, 444 Bosler Avenue, Lemoyne, PA / A r 4. Name ,and address of record: Name of the last recorded holder of every mortgage Deutsche Bank National Trust Company as Indenture Trustee for American Home Mortgage Investment Trust 2006-3, Mortgage-Backed Notes, Series Address 6501 Irvine Center Drive Irvine, CA 92618 2006-3 MERS, Inc. P.O. Box 2026 Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Address None 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 Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Tenants/Occupants 7 North 29th Street Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: July 25, 2009 UDR LA~/W OFF/I'C~~ES .- ~P . C . B Y . ~A ~~//h( ~~O/~~ Attorney"s for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK'J'. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com Deutsche Bank National Trust €COURT OF COMMON PLEAS Company as Indenture Trustee ;CIVIL DIVISION for American Home Mortgage :Cumberland County Investment Trust 2006-3, Mortgage-Backed Notes, Series 'MORTGAGE FORECLOSURE 2006-3 Plaintiff v. Calvin W. Williams, III ': NO. 09-4190 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Calvin W. Williams, III 149 South Locust Point Road Mechanicsburg, PA 17050 Your house (real estate) at 7 North 29th Street, Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on December 9, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor,. Courthouse, Carlisle, PA, to enforce the court judgment of $93,338.71, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale., you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 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. 3. 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 R2GHTS EVEN IF THE SHERIFF'S SALE DOES TARE 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 856-669- 5400. 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 856-669-5400. 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 after 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 Schedule of 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT AN IRON PIN ON THE EASTERN SIDE OF TWENTY-NINTH STREET AND AT OTHER LANDS NOW OR FORMERLY OF MRS. HOFFMAN; THENCE NORTH FORTY-FOUR DEGREES NINE MINUTES EAST (N.44° 09' E.) FIFTY-EIGHT AND THREE-TENTHS (58.3) FEET ALONG TWENTY-NINTH STREET TO A POINT ON THE CONCRETE APPROACH TO THE BUILDDNG; THENCE IN LINE WITH THE CENTER LINE OF THE PARTITION BETWEEN THE TWO HOUSES SOUTH FIFTY- FIVE DEGREES THIRTY-SIX MINUTES EAST (S. 55° 36' E.) FIFTY-EIGHT AND FORTY-FIVE HUNDREDTHS (58.45) FEET TO AN IRON POST; THENCE ALONG THE FENCE TO THE GARAGES SOUTH EIGHTY-SIX DEGREES TWENTY-FOUR MINUTES EAST (S. 86° 24' E.) THIRTY-SEVEN (37) FEET, MORE OR LESS, TO THE CENTER OF THE GARAGE BUILDING; THENCE BY THE CENTER OF SAID BUILDING NORTH EIGHTY-EIGHT DEGREES ONE MINUTE EAST (N 88° O1' E.) TEN AND FIVE-TENTHS (10.5) FEET, MORE OR LESS, TO THE LINE OF LAND NOW OR FORMERLY OF MRS. MARY OTT; THENCE BY THE LINE OF LAND NOW OR FORMERLY OF MRS. OTT AND O.B. BISCHOFF SOUTH NO DEGREES TWENTY-NINE MINUTES WEST (S. 0°29' W.)FORTY-FIVE AND NINETEEN HUNDREDTHS (45.19) FEET TO AN IRON PIPE IN LINE OF THE LAND OF SAID BISCHOFF; THENCE BY OTHER LANDS NOW OR FORMERLY OF MRS. HOFFMAN, NORTH SIXTY- SEVEN DEGREES TWENTY MINUTES WEST (N. 67° 20' W.) ONE HUNDRED FORTY-FOUR AND FORTY-SIX HUNDREDTHS (144.46) FEET TO AN IRON PIN, THE PLACE OF BEGINNING. CONTAINING 5500 SQUARE FEET, MORE OR LESS. HAVING THEREON ERECTED A TWO (2) STORY BRICK AND FRAME ONE-HALF OF A DOUBLE DWELLING HOUSE KNOWN AS NO. 7 NORTH TWENTY-NINTH STREET AND ALSO A GARAGE. BEING KNOWN AS: 7 North 29th Street, Camp Hill, PA 17011 PROPERTY ID NO.: 01-21-0273-311A TITLE TO SAID PREMISES IS VESTED IN CALVIN W. WILLIAMS, III, A MARRIED MAN BY DEED FROM CONSTANTINE N. GEKAS AND IRENE A. GEKAS, HUSBAND AND WIFE DATED 11/29/2005 RECORDED 12/01/2005 IN DEED BOOK 272 PAGE 765. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N009-4190 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCH BANK NATIONAL TRUST COMPANY AS INDENTURE TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST 2006-3, MORTGAGE-BACKED NOTES, SERIES 2006-3 Plaintiff (s) From CALVIN W. WILLIAMS, III (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 $93,338.71 L.L. $.50 Interest FROM 7/26/09 TO DATE OF SALE DECEMBER 9, 2009 -ONGOING PER DIEM OF $15.84 TO ACUTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT LATER DATE. Atty's Comm % Due Prothy $2.00 Atty Paid $169.50 Other Costs TO BE ADDED Plaintiff Paid Date: 7/27/09 Curtis R. Lo r thono ry (Seal) By: Deputy REQUESTING PARTY: Name: CHANDRA M ARKEMA Address: WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 Real Estate Sale # On September 14, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Camp Hill, Cumberland County, PA Known and numbered as, 7 North 29`'' Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 14, 2009 By: ~~ ~~_ ~~ 7~ 1...~.~ L Real Estate Coordinator n j~~ !~ r r ~~ ~~ ~', e`~%a ~,/~ /'~~ ~ i1 ~/ V~ ~..-_,~ , _ v 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, 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 xo. 20 91490 o civil Deutsche Bank National Trust Company as Indenture Trustee for American Home Mortgage Investment Trust 2006-3, Mortgage-Backed Notes, Series 2006-3 vs. Calvin W. Williams, III Atty: Chandra AI'kema ALL THOSE CERTAIN tracts or parcels ofland situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: Beginning at an iron pin on the eastern side of Twenty-Ninth Street and at other lands now or formerly of Mrs. Hoffman; Thence North forty-four degrees nine minutes East (N.44E 09' E.) fifty-eight and three- tenths (58.3j feet along Twenty-Ninth Street to a point on the concrete ap- proach to the building; Thence in line s///~ Lis Marie Coyne, Ed or SWORN TO AND SUBSCRIBED before me this 23 day of October 2009 Notary NOTA.....~~ DE60RAH A COLUNS Notary Public ~SRLISLE 60R0, CUMBERLAND COUNN M~ ~.e~e~mlasion Expires Apr 28, 2010 - ~~he Patriot-News Co. 812 Market St. Harrisburg, P'A 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'~le~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: 10/23/09 worn to anda scribed before me this 1 ay N ember, 2009 A. D. r 1 I ~ ~ ,/ ~t ~ ~ ,( / t .._ ..,",. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public COY ~ Harrisburg; Dauphin County My Commission moires Nov. 26, 2011 Member, Pennsylvania Association of Notaries WrR No. Zpta-4190 Clvll ~srm p~tscM Beek Nrtbnsl Ttust Company as Indsnture'ifustee ter American Home Mortgage Investment Trust 2006-3, Mortgage-Balms oZas, $erles ~~ .~hendra Arksma ALL THOSE CERTAIN TRACTS OR PARCELS OF. LAND SITUATE IN THE BOROUGH OF CAMP HII1., COUNTY OF CUMBERLAND AND. STATE,. OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO Wff: BEGINNING AT AN. IRON PIN ON THE EASTERN SIDE OF TWENTY-NIIdTH STREET AND AT OTpIER LANDS NOw OR FORMERLY OF MRS. HOFFMAN; THENCE NORTH FORTY FOUR .DEGREES . NINE MINUTES ,EAST (N,44E 04'' E.) FIETY- EIGHT AND THREE-TENTHS (58.3) FEET ALONG TWENTY-NINTH STREET TO A POINT ON TEIE CONCRETE APPROACH TO THE BUILDING; THENCfi IN LINE WITH THE CENTER LINE OF THE PARTTI'ION BETWEEN TIC TWO HOUSES SOUTH FIFTY-FIVE DEGREES THIRTY-SD{ MINUTES .EAST (S; .55E 36' E.). FIFfY- EIGHT AND FORTY:FIYE HUNDREDTHS (58.45) FEET TO AN IRON POST; THENCE ALONG THE FENCE TO THE GARAGES SOUTH EIGHTY-SIX DEGREES TWENTY- FOUR MINUTES :EAST {S. 86E 24' E.) THIRTY-SEVEN (37) F$ET, MORE OR LESS, TO THE CENTER OF THE GARAGE BUII.DING; THENCE BY THE CENTER OF SAID ~BUII.DING NORTH EIGHTY EIGHT DEGREES ONE MINUTE BAST (N 88E 01' E.)TENAND FTVE-TENTHS (10.5) FEET, MORE OR LESS, TO THE LINE 01' LAND NOW OR FORMERLY OF MRS. MARY OTf; THENCE BY THE LINE OF LAND NOW OR FORMERLY OF MRS. OTT AND O.B: BISCHOFF SOUTH NO DEGREES TWENTYNBVE MINUTES-WEST (S. OE~9' WJFORTY-FIVE AND . .NINETEEN HUNDRET~I'HS (45.19) FEET TO AN IRON PIPE IN LINE OF THE LAND OF SAID BISCHOFF;. THENCE BY OTHER-LANDS NOW OR FORMERLY OF-MRS. HDFFMAN, NORTH SII{TY-SEVEN DEGREES TWENTY MBVUTPS WEST (N. 67E 20' WJ ONE HUNDRID FORTY-PAUR AND FORTY-SIX HUI+iDREDTHS~ (14, 4.46): PEEL TO AN Il20N PIN,'fHE PLACE OF BEGWNING. ' CONTAINING-5500 SQUARE FEET, MORE OR LES$. I; WING THEREON ERECTED A TWO (2) S'T'ORY BRICK AND FRAMEONE-.HALF OF A;,1~OUBLB DWELLING ROUSE KNOWN AS N0.7 NORTH TVVEN'fY NIlV'fH STREET ti7D ALSO A GARAGE.