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HomeMy WebLinkAbout06-2251 GOLDBECK McCAFFERTY & McKEEVER ,By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, P A 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC" ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-11 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Term ' No. {t, . ~ / Cud vs, GERALD BUSH SHARON BUSH Mortgagors and Real Owners 4 Hunter Lane Camp Hill, PA 17011 Defendants CIViL ACTIQN: MORTGAGE fEOm!CL~ 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON EST A DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARlO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRlTA, EL , PUN TO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUlR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARlO, DECIDIR A FAVOR DEL DEMAND ANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORT ANTES. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQuI ABAJO. EST A OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE P AGARLE A UN ABOGADO, EST A OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARlO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PAl 7013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available fDr Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able tD SAVE YOUR HOME FROM FORECLOSURE. I). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (YDur lender) at 800-211-6926 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-0955. Para informacion en espanol puede communicarse con Loretta aI215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-11 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER I, 2003, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The names and addresses of the Defendants are GERALD BUSH, 4 Hunter Lane, Camp Hill, PA 17011 and SHARON BUSH, 4 Hunter Lane, Camp Hill, P A 170 II, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On November 22,2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1847, Page 3973. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED P ASS-THROUGH CERTIFICATES, SERIES 2003-11 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER I, 2003, WITHOUT RECOURSE by assignment of Mortgage, which is lodged for recording. The Mortgage and assignment( s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for November 01, 2005 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 10/01/2005 through 04/30/2006 at 9.5500% Per Diem interest rate at $28.08 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 11/01/2005 to 04/30/2006 Monthly late charge amount at $58.07 Costs of suit and Title Search Escrow Advance Fees NSF Fees Recoverable Balance Suspense Balance Monthly Escrow amount $101.50 $105,851.96 $5,952.96 $5,292.60 $348.42 $900.00 $5,501.28 $106.00 $40.00 $5.00 -$54.27 $123,943.95 7" If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees 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 is entitled to collect Attorney's fees of up to 5% ofthe remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s 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 Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge oftheir personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice ofIntention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $123,943.95, together with interest at the rate of $28.08, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. BY:~l i\.b~{kl~oL. OL BEC'K McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICA nON I, NANCI JIMENEZ, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pac C.S. 4904 relating to unsworn falsification to authorities. Date: C.( - 2 () -0-6 P,~hi6it Jl . . EXHIBIT "A" - Legal Description 4 Hunter Lane Camp HillPA 17011 All that certain tract of land located in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Beginning at a point on the eastern side of Hunter Lane and on the northern line of Lot No. 13 on the hereinafter mentioned Plan of Lots; being 117.24 feet northwest of Brentwood Road; thence along the eastern side of Hunter Lane north twenty-eight degrees forty-five minutes west seventy-five (N 28 degrees 45' W 75') to a point on the southern line of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence along the southern line of Lot No. 1 north sixty-one degrees fifteen minutes east one hundred twenty-four and twenty-nine one- hundredths feet (N 61 degrees IS' E 124.29') to a point on other land now or formerly of Charles A. Holmes; thence along said land south sixty-one degrees no minutes east thirty feet (S 61 degrees 00' E 30') to a point; thence continuing along the land now or formerly of Charles A. Holmes south five degrees twenty-five minutes west sixty feet (S 25' W 60') to a point on the northern line of Lot No. 13; thence along the northern line of Lot No. 13 south sixty-one degrees fifteen minutes west one hundred six and fifty-seven one-hundredths feet (S 61 degrees 15' W 106.57) to the place of beginning. Being Lot No. 14, Block G, on the Plan known as Long Meadow Plan No.1, recorded in Cumberland County Plan Book 6, page 23 Parcel #: 09-19-1590-024 FOR INFORMATIONAL PURPOSES ONLY. Cumberland County has property assessed as 4 Hunter Lane BK' 84 7PG3989 P,~hi6it (8 P.O. Dos: U_ Sant.A.., CA 92711-10~ ~AMC MORTGAGE SERVICES 7182 b389 30bO 0743 2331 January OS, 2006 SHARON BUSH GERALD BUSH 4 HUNTER LANE CAMP HILL, PA 17011 22IIN""" ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ST A TJ:MENTS OJi' POLICY Loan Number: Property AddJc..: 0rigiDa1 uDder: CDR'CDt LendcrlServiccr: 0063423545 4 HUNTER LANE, CAMP HILL PA, 17011 AMC Mortgage Services, Inc:. AMC Mortgage ScIVices, Ioc. THIS Ji'IIlM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTJ:MPT TO COLLECT TIlE INDEBTJ:DNJ:SS IlJ:Ji'J:IlIlJ:D TO HEIlJ:IN AND ANY INFORMATION OBTAINJ:D ROM YOU WILL BE USED Ji'OR THAT PUIlPOSE. Il1 YOU HA VI: PIlJ:VIOUSLY IlJ:CEIVJ:D A DISCHARGE IN BANKRUPTCY. THIS COIlIlJ:SPONDENCE IS NOT AND SHOULD NOT BE CONSTIlUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENJi'ORCEMENT OJi' A LIEN AGAINST PROPERTY, ~. i. .. ofIIdal.otiee that tile mom..e OD nor lI.ome Isla del..lt. aDd tile leader la_tis to foreelose. SDecifie i.fol'lllmoa abolIt at ..ture of ae default i. Drorided ill D.e attached DaReL n. HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (lIJ:MAP) maT b. able to belo 10 .... ,... "GIlle. nil Notice emlal.. how the Dl'ORram workL To He if IIJ:MAP eID ..... ,... moll MEET WITH A CONSUMER CIlJ:DIT COUNSELING AGENCY WITHIN 30 DAYS 0)1' TIll: DAn: OJ' THIS NOTICE. Take tbis Notiee wit. 1'_ wile. 1'011 meet with the Cou.IeU.. Asrean. Tile .ame. .44ft.. aa.d .bOll' Bamber of COIlllllller Credit CouaseIiaa A..des lema. vou.r C...tv are lilted at th ea. of thi. Notiee. If "011 have .." aaestiou. T08 may call the Pe_.vlvaala ROIlR.. J'iauce A.Rn toll free at 1-800-3...2-2397.CPeno.1 with _Daind "caria. en ull (717) 780-1869). Till, Nodce eoatai.. importaat lepl illformatloa. If y,,"ave o.y qaeltioDJ, reprele8.tativel at tile CoalAUDer Credit Cou.IeI.. Aaea~y may be able to llelp uplaia it. You may also wut to eoa.tact.. attoney ia yoar areL The local bar auoeiatioa may be able to help you. fiad a lawyer. LA NOTIl1ICACION EN ADJUNTO ES DE SUMA IMPORTANCIA. PUJ:S AJi'J:CTA SU DEIlJ:CHO A CONTINUAR VlVII:NDO EN SU CASA. SI NO COMPIlJ:NDE EL CONTENIDO DE ESTA NOTIl1ICACION OBTJ:NGA UNA TIlADUCCION INMEDrrAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING Ji'INANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO "'_vlM""'._"" Also doing busiDess as Delaware AMC Mortgage Services, IDe., in the states of TexlllI, Rhode hland. and New Hampshire AIlIlIJIA. PUJ:DES SER ELEGmLE PAllA UN PIlJ:STAMO POR EL PROGIlAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGIlAM" EL CUAL PUJ:DE SALV AR SU CASA DE LA PERDIDA DEL DEIlJ:CHO A IlJ:DIMDl SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELlGmLE roR J'lNANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME J'JlOM FOIlJ:CLOSlllIJ: AND HJ:LP YOU MAKE FlTTlJIlE MORTGAGE PAYMENTS IF YOU COMPLY WITH THJ: PROVISIONS OF TIIJ: HOMEOWNER'S I:MJ:RGENCY MORTGAGE ASSISTANCE ACT OF .983 (THJ: "ACT"). YOU MAY BE ELlGmLJ: FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCIJMSTANCES BEYOND YOUR CONTROL. z IF YOU HAVE A IlJ:ASONABLJ: PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND z IF YOU MEET OTIIJ:R ELlGmILITY IlJ:Qmu:MENTS EST ABLISIIJ:D BY THJ: PENNSYLVANIA HOUSING J'lNANCI: AGENCY. TEMl'OIlARY STAY OF rollJ:CLOSlllIJ: - UndeI the Act, you are entitled to a temporlllY stay offo"",loo"", on yOO1 morlgage for thirty (30) clays from the date ofthi. Notice. Doring that time yon mnst ammge and attend a face-to-face meeting with oat of the COBSUmeI credit COUDSCtiq agencies listed. 8l the end of this Nonce. THIS MEETING MUST OCCUR wrrHIN TIIJ: NEXT (JO) DAYS. IF YOU 00 NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PAR1 OF THIS NOTICE CALLED 'HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAiNS HOW TO BRING YOUR MORTGAGE UP 10 DATE. CONSIJMJ:R CIlJ:DIT COUNSELING AGENCIES -- If yon meet with ODC of the consnmer aedit connaeling a.."", listed at the end of thi. notice the IendeI may NOT tate action ""aiDat von for !I!i!!Y (30) claVI afler the date of this mcctin2. The umes addreSBCS and telcnhone numbc~.of dcsi2D8tcd consumer credit coonseJine uencics for the coontv in which the otODCItv illotBted. ate set forth at 'the c::nd of this Notice:. It is only ncccsS8I)' to schedule one face-to-face meeting. Advise your lender immcdiatclv of YOUl intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgnge is in a defnnItfor the......,....t forth later in thi. Notice (Bee following Jlllge. for specific information about the D8lure of your defnnh.) If yon bove tried and arc unable to resolve this problem with the lender, you have the right to apply for fiDanciallllsiBl8nce from the HOJIlCOWDCts Emetgency Mortgage Assista:ace Progmm. To do SO, yoo must fill oot, sign and file a completed Homeowner'1 EDlCfgency AsaiBtancc Program Application with one of the designated consumer credit counseling agencies lilled. at the CDd. oftbis Notice. 00Jy COD&um.cr credit counseling agencies have applications for the program and they will assist. you in Illbmitting a complete application to the Pennsylvania Housing FUIIlJlCe Agency. Yonr appIication MUST be filed or postmalkcd within thirty (30) clay. ofyoor face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHJ:R TIMJ: PERIODS SET roRTH IN THIS LETTER, rollJ:CLOSUIlJ: MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION roR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available fnn4. for emergency mortgage aaustance arc very limited. They win be di.bnlBed by the Agency onder the eligibility criteria established by the Act. The Pcnnsylvania Housing Flnnncc Agency haa sixty (60) days to mate a decision after it receives your application. Doring that time, no forcclosnre proceedings will be pursned against you if you have met the time rcqniremcnlS lOt forth above. You win be notified dilecdy by the Pennsylvania. Housiag Finance Agency of its decision on your application. .....,..."""'.-.. 18ll1llUY OS, 2006 Loan Numbc..: 0063423545 NOTI:: IF YOU AllI!: CUIlUNTLY PROTJ:CTJ:D BY TIIJ: I'lLING OF A PJl:TmON!l BANKll1ll'TCY. THE FOLLOWING PART OF THIS NOTICJ: IS FOR INFORMATION . PURPOSI:S ONLY AND SHOULD NOT BI: CONSIDI:UD AS AN ATTJ:MPT TO COLUCT THE DI:BT. (If you "ave filed baa.kr.ptey YOIl cultil1 appl, for I:.DlerJU.CJ Mort... Allittaue..) HOW TO CUllE YOUR MORTGAGE DJ:J'AULT fBri.. it aD to date). NA TUBE OF THE DEF AUL 1: -The MORTGAGE cleht by the above lender on y.... property located at: 4 HUNTER LANE, CAMP HILL, PA 17011 IS SERIOUSLY IN DEF AUL T beca...: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the fnllowmg months and the following amounts are now put due: 11/01/05 thzn 01/01/06 at $1005.97 per month Monthly Payments plullate c1uuge 01 othel fecs.: $3109.73 T.... Am...t to eurellefaolt, $3109.73 --' B. YOU RAVJI: FAILI:D TO TAKE Tn FOLLOWING ACTION (Bo not... Ih.t IDnlleahlo), N/A HOW TO CUD THI: DI:FAULT-Yon may cure the default within TIllRTY (30) DAYS of the date oftbis notic:e BY PAYING TIIJ: TOTAL AMOUNT PAST BUJ: TO TIIJ: LI:NDI:R, WUICHrs 53209.73 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIllCH BECOME DUE DURING THE TIllRTY (30) DAY PERIOD. Pavmen.. mnst be made either by cash. coshier's check. certified check or monev 0.1 mad.e ntl.vable and sent to: AMC MOJ\Bagc SeniCC:B 505 City Pa_ay West. Suite *100 Orange, CA 92116& Yon can cure any other defiudt by takiDg the followmg action within TIllRTY (30) DAYS of the date oftbis letter: (Do not use unot aDDlicablc.) N/A IF YOU BO NOT cun THE DEFAUL T--If yon do not cure the defauh within TIllRTY (30) DAYS of the date of ibis Notice, t.e leader iIl_d, to exercise it. riRh.. to aeeelerate tb ..~deb" This means that the entire ontRfanding balance of this debt will be coa.si.dcrcd. due immedistcly aDd you may lose the chance to pay the mortgage in monthly iutallments. If foil payment of the total amount past due is not made within THIRTY (30) DAYS, the lcoder also iDtmds to instruct its attorneys to start legal action to 'oftCIOIe~ wur laomaud. ~- IF THE MORTGAGI: IS FOUCLOSI:D UPON -- The mortgagee! property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, bot you core the delinquency ben"e the lender begins legal procceding. agaiDat yvu, you will still be requited to pay the reasonable attomey's feea that were actually incurred, up to S50.00. However, if legaJ proceedings arc started against you, yoo will have to pay all reasonable attorney's fees actnally incurred by the iender even if they exceed $50.00. Any _'s feea will be added to the amount you owe the IcDdcr, which may also iDclude othc:t reasonable costs. If..108 &:lire tile default witlliD the THIRTY (30) DAY period. you. wlllaot be requited to on attoney', fee.. OTIIJ:R LENDER HMJ:DIES - The lender may also sue you personally for the unpaid principal balance and aD othCI sums due DDCler the mortgage. RIGHT TO CUD Tn BEVAUL T PRIOR TO SHERlFlI'S SALI: --If you have not cured the defanh within the TIIIRTY (30) DAY period and fOfCclosUl'C proceedings have begun. you still have the right to cure the di'!fAnlt and DtC'Vcnt the sale at 8DV time lID to one hour before the Sheriffs Sale. You mB.V do 10 by ~R the total amount then past due. plus any late or other charges then due, reasonable attomcr's fees and costs cODDOCted with the foreclosure sale and anv other cOlts connected with the Sheriff's Sale as mccified in. ~bx..mc lender and. bv "_."c~t>... ucrformjn" 8DV othCI rcaoiremcnts undCI the mort2a{!:e. Curial yoar defult ill. the maser llet forth ia ."0 sod" will restore your ..ol'tple to the lame pOlltioa. u if you had aever defaulted. EAllLn:ST POSSmLE SBJ:RIn"S SALE DATE -It is estimated that the earliest date that such a Sheriff's Sale ofth. mortgaged property could b. hold would ho approximately (6) MONTHS from tho date of this Notice. A notice of the actual date of the Shcriff'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 01 action will be by contacting the IcndCl. HOW TO CONTACT TIIJ: LJ:NDJ:R: AMC Mortaale Semen PO BO]l 11000 Santa AIla, CA 91711-1000 Pboae Na..ber 808-430-5162 Fu N...ber 71~47-5037 J:I'FECT Oil SJD:IlJ]!]1'S SALJ: - You should rcalizo that a Shorifl's Sal. wiD.... your ownonbip of tho mortgaged property and YOUI right to occupy it. If you continue to live in the property aftcr the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lendel at any time. ASSUMPTION OJ' MORTGAGE - You _ may 01 ~ may aot (CHECK ONE) seD 01 tran&fCI you home to a bU}'CI 01 transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and aUorney's fces aod costs lIe paid priOI to or at the sale and that the other requirements of the mortgage arc satisfied. YOU MAY ALSO BA VI: THJ: RIGHT: . 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 TInRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME PosrrION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT (HOWEVER. YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSillT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECfION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMJ:R CUDIT COUNSJ:LING AGJ:NC1J:S SJ:RVING YOUR COUNTY AIlJ: ATTACHJ:D Very Truly Yours, AMC Mortgage Services Cc: AMC Mortgage Services AUn: Collections Dcpartment LOlID Number: 00634Z3~4~ Mailed by lit Cia. Mail ad by Certified Mail <>ooo<}NI;P!>-<oo . Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg. PA ] 7325 (7]7) 334-]5]8 CCCS of Western PA 2000 Linglestown Road Harrisburg. PA ]7]02 ]-888-511-2227 Community Action Commission ofCaptial Region ] 5] 4 Derry Street Harrisburg. PA ]7]04 (7] 7) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg. P A 17110 (717) 232-2207 Marsnatha 43 Philadelphia Avenue Waynesboro, PA ]7268 (717) 762-3285 PHFA 211 North Front Street Harrisburg. PA ]7110 ] -800-342-2397 "'~"""II"""'.Of ~~ " '" ~ ~. \v '" ......... < _\ ~ ''-.) 11'. ~ lJ ".... l\ c ..s:::~ 'V 'A' I ~'1 y ~ <Jc\ ~ \I', '}., , \'0-\ ~ ~, < ~ ~~ ~ ,.~ ~ \~\ ~~ 'N~ ~ ~ ~ -~ , -'1 Ii: r'"j , (..I.:; -"- . ~ GOLDBECK McCAFFERTY &: MeKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTWICATES, SERIES 2003-11 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2003, WIlHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County No. 06-2251 Plaintiff vs. GERALD BUSH SHARON BUSH (Mortgagor(s) and Reeord owner(s)) 4 Hunter Lane Camp Hill, PA 17011 lRAECItE 1'9 QISCONJINVE AND END TO THE PROlHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. ~~- JOSEPH A. GOLDBECK, JR., ESQUIRE g ~ -onJ IIltC "7~, Z(, (J~;:; 2" </".__c 't.> ~ ;?:Z: :Pc: ~ , ~ ",. g "'" ~ -< ~ ~i ..,., 8 -:::I ' ::l:-H Qo .'-rn ~ ! c.n -0 :J: ~ (;.) SHERIFF'S RETURN - REGULAR Il'.,-~ ~ CASE NO: 2006-02251 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS BUSH GERALD ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BUSH GERALD the DEFENDANT , at 1922:00 HOURS, on the 25th day of April 2006 at 4 HUNTER LANE CAMP HILL, PA 17011 by handing to GERALD BUSH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 12.32 .00 10.00 .00 40.32 .~~~ R. Thomas Kline t;h. 5'/~:v/t; I, Sworn and Subscribed to before 04/26/2006 GOWB::~ MCCMFLM~KEt- Deputy She ff me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR .....- . ~.. CASE NO: 2006-02251 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS BUSH GERALD ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BUSH SHARON the DEFENDANT , at 1922:00 HOURS, on the 25th day of April , 2006 at 4 HUNTER LANE CAMP HILL, PA 17011 by handing to GERALD BUSH, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 ~ 5/Ja/o(, Subscribed to before So Answers: ?y~~:,,~~c</~ R. Thomas Kline day of 04/26/2006 GOLDB:~~ MCCAFFER~~~ Depu y Sheriff Sworn and me this A.D. Prothonotary