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HomeMy WebLinkAbout07-2475Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Michael L Garrett 102 Hawk Ct. Mechanicsburg, PA 17050 DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE TO DEFEND 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 j udgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim of 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. FAClients\Ameriquest\Garrett, M\compWnt.fimPlylerRichard 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\Ameriquest\Garrett, Wcomplaint.frmPlylerRichard 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 asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, 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 edades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 FAClients\Ameriquest\Garrett, Wcomplaint.frmPlylerRichard Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Michael L Garrett 102 Hawk Ct. Mechanicsburg, PA 17050 DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07 - 2g7-S atuc?`T CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, by and through its undersigned attorney, Richard M. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: 1. Plaintiff, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse ("Plaintiff'), is a corporation with its principal place of business at 505 City Parkway West, Suite 100 Orange CA 92865. 2. Defendant, Michael L. Garrett, is the real owner, mortgagor, and grantee in the last Deed of record to the real property located at 1215 Indian Peg Road Mechanicsburg, PA 17055 (hereinafter referred to as "Premises"). Defendant resides at 102 Hawk Ct. Mechanicsburg, PA17050. 3. On 07/09/2004 Defendant, Michael L. Garrett, made, executed, and delivered a Mortgage for the benefit of Ameriquest Mortgage Company as security for Defendant's, payment and other obligations under a promissory note executed by Defendant on the same date in consideration of a loan made to Defendant by Plaintiff. Said Mortgage is recorded in the Office of the Recorder in and for Cumberland County, in Mortgage Book 1873, Page 2122, and is incorporated herein by reference by virtue of Pa. R.C.P. § 1019(g). 4. The Plaintiff is in the process of preparing a formal legal assignment. 5. Plaintiff is, therefore, either the original mortgagee named in the Mortgage, the legal successor-in-interest to the original mortgagee, or is the present holder of the Mortgage by virtue of the above-described assignment. 6. The Premises, which is subject to the aforesaid Mortgage is described in Exhibit "A," attached hereto and incorporated herein by reference. The address of the Premises is 1215 Indian Peg Road, Mechanicsburg, PA 17055. 7. The aforesaid Mortgage is in default because the required monthly payments due under the terms of the aforesaid promissory note and Mortgage have not been made from 01/01/2007 through the present date. By the terms of the aforesaid Mortgage, upon breach and failure to cure said breach after written notice, all sums secured by said Mortgage shall be immediately due and owing. 2 8 9. The terms of the aforesaid Mortgage further provide that, in the event of default, Defendant shall be liable for Plaintiffs costs and attorney's fees. The following amounts are due as of April 23, 2007: Principal $113,607.82 Accrued Interest through April 23, 2007 3,251.36 Late Charges $189.20 Corporate Advance $8.50 Escrow Advance ($5,678.64) Attorney's Fees $5,680.39 TOTAL $117,058.63 10. 11 plus costs, per diem interest at the rate of $29.03 for each day after April 23, 2007, until the entry of judgment, and per diem interest subsequent to the entry of judgment. Plaintiff has demanded the total amount due from Defendant, but Defendant has failed and/or refused to pay the same. Notice of Intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sea. (hereinafter collectively referred to as "Act 91 Notice") was mailed to Defendant via simultaneous regular mail postage prepaid and certified mail return receipt requested on 03/02/2007. A true and correct copy of the Act 91 Notice is attached hereto and marked as Exhibit "B" and is incorporated herein by reference as though fully set forth at length. 3 WHEREFORE, Plaintiff respectfully requests that judgment in rem be entered in its favor and against Defendant, Michael L. Garrett, for foreclosure and sale of the Premises in the amounts due as set forth in Paragraph 9, namely $117,058.63, plus costs, per diem interest, and such other relief as this Court deems just and proper. RICHARD M. SQUIRE & ASSOCIATES, LLC By: ? '4?? Richard M. Squire 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 Attorneys for Plaintiff Date: April 23, 2007 UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4 VERIFICATION Richard M. Squire, hereby states that he is the attorney for the Plaintiff, a corporation, unless designated otherwise; that he is authorized to make 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 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 knowledge, information and belief and the source of his information is public records and reports of Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. Richard M. Squire, Esq re Attorney for Plaintiff Date: April 23, 2007 t. ..a .. $ ,.. EXHIBIT "A" LEGAL DESCRIPTION Exhibit B .? A 1 1 1 1 MCj P.O. Box 11000 MORTGAGE SERVICES Santa Ana. CA 92711-1000 March 02, 2007 #B WNKZZS MICHAEL L GARRETT ,,, 1215 INDIAN PEG ROAD MECHANICSBURG, PA 17055-9798 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica como los propietarios de casas pueden evitar perder sus hogares debido a demoras de pagos. Para informacibn en espaflol flame a su prestamista. STATEMENTS OF POLICY Loan Number: 0085942746 Property Address: 1215 INDIAN PEG ROAD, MECHANICSBURG PA, 17055 Original Lender: AMC Mortgage Services, Inc. Current Lender/Servicer: AMC Mortgage Services, Inc. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pates. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM MEMO) may be able to help to save your home. This Notice explains how the program works. To see if HEM" can help, you most MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with You when on meet with the Counseling Agency. The name. address and phone number of Consumer Credit Coanseling Atendes serving roar County are listed at the end of this Notice- If von have say questions "a mar call the Pennsylvania Housing Finance Agency toll free at 1-goo-342-2397 (Persons with impaired hearing can call (717) 780 1869). This Notice contains important legal information. N you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA l1VIPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDTTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO E.ouw"°°"-°` Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Island, and New Hampshire. 'RM I 1 1 1 !AMCP.O. Box 11000 MORTGAGE SERVICES Santa Ana, CA 92711-1000 March 02, 2007 #B WNKZZS MICHAEL L GARRETT ,,,, NFM 102 HAWK CT MECHANICSBURG, PA 17050-2058 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica Como los propietarios de casas pueden evitar perder sus hogares debido a demoras de pagos. Para informacibn en espahol flame a su prestamista. STATEMENTS OF POLICY Loan Number: 0085942746 Property Address: 1215 INDIAN PEG ROAD, MECHANICSBURG PA, 17055 Original Lender: AMC Mortgage Services, Inc. Current Lender/Servicer: AMC Mortgage Services, Inc. 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 BANHRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortente on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pates. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you most MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counselint Agency. The name, address and phone number of Consumer Credit Counseint Mendel serving your County are listed at the end of this Notice. If you have any Questions. you may call the Peansyivania Hoadne Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJQNTO ES DE SUMA IMPORTANCIA, PUBS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO owiwNC?M-a Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Island, and New Hampshire. ARRIBA. PUEDES SIR ELIGIBLE 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 REDS IIR SU HIPOTECA. 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; Z IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, Z IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND z IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) 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 Wncv listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meet g. 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. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no 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. ffo,o,,,C.J_ March 02, 2007 Loan Number: 0085942746 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 Mortgape Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Briag it no to daft). NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at: 1215 INDIAN PEG ROAD, MECHANICSBURG, PA 17055 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: 01/01/07 thru 03/01/07 Minimum Payments plus late charge or other fees: $3905.31 Minimum Amount to Care Default: 53905.31 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not an if not applicable): NIA HOW TO CURE THE DEFAULT -You may core the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 53905.31 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PaMents mast be made either by es cashier's check- cemed check or money order made payable and sent to: AMC Mortgage Services P.O. Box 5926 Carol Stream, IL 60197-5926 You can care any other default by taping the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) N/A IF YOU DO NOT CURE THE DEFAULT--If you do not care the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its risMs 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 mortuaaed roe 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 core the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you care the default within the THIRTY (3M DAY period, you will not he rego:red to pay atta ey's_ fps. 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 cared the default within the THIRTY (30) DAY period and foreclosure proceedings have began, you still have the riobi t cure he defan t and prevent the sale at an time up to one hoar before the Shra ff s est. You may doeoby paying the minimum amount then post due, phis any ate or other charges then due, reasonable at+mcy's fees and costs connc=d Nth the foreclosure sale and nv other costs connected with the Sheriffs Sale as a!c:fied in writing by the lender and 1±y UNDFJNa)i-m performing w other requirements under the mortg_M Caring 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 Sheriffs Sale of the mortgaged property could be held would be approximately (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to care the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO Box 11000 Santa Ana, CA 92711-1000 Phone Number 500-430-5262 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs 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 Sheriffs 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 % 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: s 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. z TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. z TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) z TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, z TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER s TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED If you need additional assistance or counseling you may also find a Housing Counseling Agency in your area by calling Toll-free (800) 569-4287 or TDD (800) 877-8339. AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Department Loan Number: 0085942746 Mailed by 1st Class Mail and by Certified Mail EFMYINCP19-06 Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 A?AWI W)2-00 .File History Page 1 of 1 ® 0 Current Loan Number (F-7-CONV): 0085942746/LBS jayne essman (SQUIRE) Borrower: GARRETT, MICHAEL L Servicer: AMC Mortgage Services, Inc (LBB ) Related Referrals: Address: 1215 INDIAN PEG ROAD Attorney File AMQ-468/Garrett MECHANICSBURG,PA 17055 00859427461 LenStar L66117421D Investor #: 0085942746_(6) File History Detail... Back Word Wrap: On I Sent: 4/18/2007 11:23:49 AM From: carla guillen Read: 4/18/2007 12:19:45 PM Read By: jayne essman Topic: Borrower Deceased Message: (0.40625) (0) https://www.lenstarweb.comlloginllenstarlfilehistIShowHistory.asp?Select=CA&Sequence... 4/18/2007 Exhibit C ?Y V%oqS ?n Y H!,?0LE'R .. .:.. DE DEEDS -04 JUL 13 4M ? T`i Prepared By:Amer iquest Mortgage Company RebunTo: Susan Miller 150 Corporate Center Drive, suite 102,Camp Hill, PA 17011 Ameriquest Mortgage Company P.O. Box 11507, Santa Ana, CA 92711 Parcel Number: 22-12-0348 -13$ [Space Above Thb Line Ivor Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. -Certain rules regarding the usage of words used in this documen are also provided in Section 16. (A) "Security Instrument" means ibis document, which is dated July 9, 2004 , together with all Riders to this document. (B) "Borrower" is MICHAEL L. GAPJMTT Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Ameriquest Mortgage Company PENNSYLVANIA - Single Family - Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3039 1101 07/0912004 1:00:06 0085942746-5697 AM6PA (0311) Page 1 or 16 InMeb VMP Mortgage SolLftm (800)621-7291 000000859427460301501701 1111 BKI873PG2I22 - ? - e ti 1 . d BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it Mritnesses: (Seal) -Bormwer AMOPA Coati) 07/09/2004 12:29:55 P ?L ww; rl ?-- - -- - (Seal MICHAEL L GARRETT -Borrower (Seal) -Bosower - (Seal) -Borrower (Seal) -Bormwer (Seal) -Borrower pap is of ie Form 3039 1101 0085942746-5697 111Mwit-MMU1,11 000000al 94 1460301501715 - (Sep -Borrower - (Seal) Borrower BK I S 73 PG 213.6 ' J w`p t l V_ ri3 rY'r-- oc-l SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-02475 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS GARRETT MICHAEL L R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: GARRETT MICHAEL L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT 102 HAWK CT GARRETT MICHAEL L MECHANICSBURG, PA 17050 DEFENDANT IS DECEASED, PER DAUGHTER. Sheriff's Costs: So answers Docketing 18.00 Service 9.60 Affidavit .00 R. Thomas Kli Surcharge 10.00 Sheriff of Cumbe and County 0 6'3007 37,60 RICHARD M SQUIRE & ASSOCIATES 05/18/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-02475 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS GARRETT MICHAEL L R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: GARRETT MICHAEL L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , GARRETT MICHAEL L 1215 INDIAN PEG ROAD MECHANICSBURG, PA 17055 DEFENDANT IS DECEASED, PER DAUGHTER. Sheriff's Costs: So answe Docketing 6.00 Service 9.60 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 5}?ojbj r 25.60 RICHARD SQUIRE & ASSOCIATES 05/18/2007 Sworn and Subscribed to before me this day of , A. D. Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 (215) 886-8790 Fax: (215) 886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, PLAINTIFF, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2007-2475 Michael L Garrett DEFENDANT. CIVIL ACTION MORTGAGE FORECLOSURE SUGGESTION OF DEATH RE: DEFENDANT MICHAEL L. GARRETT TO THE PROTHONOTARY: Richard M. Squire, Esquire, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the Defendant, Michael L.Garrett, is deceased - date of death on or about December 22, 2006. Michael L. Garrett was the sole owner of the mortgaged premises on the date of his death. Richard M. Squire & Associates, LLC RICHARD M. SQUI ,, ESQUIRE Attorney for Plaintiff Dated: July 2, 2007 n o N N Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 (215) 886-8790 Fax: (215) 886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, PLAINTIFF, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2007-2475 Michael L. Garrett DEFENDANT. CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Suggestion of Death, Re: Michael L. Garrett, was sent via first class mail to the following on the date listed below: Estate of Michael L. Garrett 102 Hawk Court Mechanicsburg, PA 17050 Estate of Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, PA 17055 RICHARD M. SQU , ESQUIRE Attorney for Plaintiff Dated: July 2, 2007 4 mL. rn v r Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Estate of Michael L. Gallagher, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-2475 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE AMENDED COMPLAINT - CIVIL ACTION NOTICE TO DEFEND 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 amended 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 FAClients\Ameriquest\Garrett, M\Amended complaint.wpdPlylerRichard 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 of 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\Ameriquest\Garrett, M\Amended complaint.wpdPlylerRichard 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 ]a demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, 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 provisiones de esta demanda. Usted puede perder dinero o sus edades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 FAClients\Ameriquest\Garrett, M\Amended complaintmpdPlylerRichard Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Estate of Michael L. Gallagher, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-2475 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE AMENDED COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, by and through its undersigned attorney, Richard M. Squire, Esquire, brings this amended action in mortgage foreclosure upon the following cause of action: FAClients\Ameriquest\Garrett, M\Amended complaint. wpdPlylerRichard Plaintiff, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse ("Plaintiff'), is a corporation with its principal place of business at 108016 th Street, Suite 130, Rancho Cucamonga, CA 91730. 2. Defendant, Estate of Michael L. Garrett, is a decedent's estate which is presently the real owner of the real property located at 1215 Indian Peg Road Mechanicsburg, PA 17055 (hereinafter referred to as "Premises"). 3. Michael L. Garrett (hereinafter referred to as "Decedent") was the mortgagor and grantee in the last Deed of record to the Premises. 4. Decedent resided at and/or maintained an address at the Premises at the time of his death. 5. Defendant, Collette S. Garrett, is an adult individual who resides at and/or maintains an address at the Premises. 6. Defendant, Collette S. Garrett, is an Heir to and/or the Administratrix to, or Executrix, of the Estate of Michael L. Garrett, deceased; and is named defendant herein in accordance with Pa. R.C.P. I I44(a)(2). 7. On 07/09/2004, Decedent made, executed, and delivered a Mortgage for the benefit of Ameriquest Mortgage Company as security for his payment and other obligations under a promissory note executed by him on the same date in consideration of a loan made to Decedent by Plaintiff. Said Mortgage is recorded in the Office of the Recorder in and for Cumberland County, in Mortgage Book 1873, Page 2122, and is incorporated herein by reference by virtue of Pa. R.C.P. § 1019(g). 2 8. The Plaintiff has prepared a formal legal assignment, recorded 06/08/2007, in Book 0373, Page 2982-2985 as Instrument No. 2007-019815 in Cumberland County, PA.. 9. Plaintiff is the present holder of the Mortgage by virtue of the above assignment. 10. The Premises, which is subject to the aforesaid Mortgage is described in Exhibit "A," attached hereto and incorporated herein by reference. The address of the Premises is 1215 Indian Peg Road, Mechanicsburg, PA 17055. 11. The aforesaid Mortgage is in default because the required monthly payments due under the terms of the aforesaid promissory note and Mortgage have not been made from 01/01/2007 through the present date. By the terms of the aforesaid Mortgage, upon breach and failure to cure said breach after written notice, all sums secured by said Mortgage shall be immediately due and owing. 12. The terms of the aforesaid Mortgage further provide that, in the event of default, Decedent shall be liable for Plaintiffs costs and attorney's fees. 13. The following amounts are due as of July 10, 2007: Principal $113,607.82 Accrued Interest through July 10, 2007 5,515.70 Late Charges $331.10 Corporate Advance $8.50 Escrow Advance ($5,678.64) Attorney's Fees $5,680.39 TOTAL $119,464.87 plus costs, per diem interest at the rate of $29.03 for each day after July 10, 2007, until the entry of judgment, and per diem interest subsequent to the entry of judgment. 3 14. Plaintiff has demanded the total amount due from Decedent, but Decedent has failed and/or refused to pay the same. 15. Notice of Intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sea. (hereinafter collectively referred to as "Act 91 Notice") was mailed to Decedent via simultaneous regular mail postage prepaid and certified mail return receipt requested on 03/02/2007. A true and correct copy of the Act 91 Notice is attached hereto and marked as Exhibit "B" and is incorporated herein by reference as though fully set forth at length. WHEREFORE, Plaintiff respectfully requests that judgment in rem be entered in its favor and against Defendants for foreclosure and sale of the Premises in the amounts due as set forth in Paragraph 13, namely $119,464.87, plus costs, per diem interest, and such other relief as this Court deems just and proper. RICHARD M. SQUIRE & ASSOCIATES, LLC By: Ri and M. Squire 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 Attorneys for Plaintiff Date: July 10, 2007 UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4 VERIFICATION Richard M. Squire, hereby states that he is the attorney for the Plaintiff, a corporation, unless designated otherwise; that he is authorized to make 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 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 knowledge, information and belief and the source of his information is public records and reports of Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. X - / ), '/'.. ... e / Ri ar . Squire, Es i Attorney for Plaintiff Date: July 10, 2007 IL I w J LEGAL DESCRIPTION 1215 INDIAN PEG ROAD MECHANICSBURG, PA-17055 CUMBERLAND County EMIBIT 'A' ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pin at the corner of land now or formerly of David Paulus and other lands now or formerly of Robert Moffitt; Thence along said lands now or formerly of Robert Moffit, South 81 degrees 30 minutes West for a distance of one hundred forty-two and nine tenths (142.9) feet to an iron pin; thence along lands now or formerly of C. R. Minnich, South 65 degrees 58 minutes West, for a distance of thirty-eight (38) feet to an iron pin; thence along lands formerly of Edward L. Miller, and now of Walter L. Berkheimer and Martha E. Berkheimer, his wife North,8 degrees 53 minutes 50 seconds West, for a distance of two hundred sixty-nine and one tenth (269.1) feet to a stake; thence along lands now or formerly of Walter L. Berkheimer and Martha E. Berkheimer, and continuing along land of William Goodyear, North 75 degrees 25 minutes East, for a distance of one hundred eighty and no hundredths (180.00) feet to a stake; thence along lands now or formerly of Davis Paulus, South 8 degrees 48 minutes 30 seconds East, two hundred seventy-eight and no hundredths (278.00) feet to an iron pin at the place of BEGINNING. BEING known and municipally numbered as 1215 Indian Peg Road, Mechanicsburg, Pennsylvania 17055. • 'ic R PK I.873PG2 130 f 8 1 1 AMC P.O. Box 11000 MORTGAGE SERVICES Santa Ana, CA 92711-1000 March 02, 2007 #BWNKZZS MICHAEL L GARRETT ,,, , WR 1215 INDIAN PEG ROAD MECHANICSBURG, PA 17055-9798 111111llllllllllll1111ItlllllllllllllllllllIIIIIIIIIIIIM111l ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica como los propietarios de casas pueden evitar perder sus hogares debido a demoras de pagos. Para informacion en espailol flame a su prestamista. STATEMENTS OF POLICY Loan Number: 0085942746 Property Address: 1215 INDIAN PEG ROAD, MECHANICSBURG PA, 17055 Original Lender: AMC Mortgage Services, Inc. Current Lender/Servicer: AMC Mortgage Services, Inc. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pates. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To we if HEMAP can help, you most MEET WITH A CONSUMMR CREDIT COUNSELING AGENCY WITHIN 30 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 yon have any Questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with unpaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA H"ORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO O0'jyjW'"'06 Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Island, and New Hampshire. 1 0 1 1 .AMC P.O. Box 11000 MORTGAGE SERVICES Santa Ana, CA 92711-1000 March 02, 2007 #B WNKZZS MICHAEL L GARRETT ,,, , "M 102 HAWK CT MECHANICSBURG, PA 17050-2058 ACT 91 NOTICE TAKE ACTION, TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica Como los propietarios de casas pueden evitar perder sus hogares debido a demoras de pagos. Para informaci6n en espaftol flame a su prestamista. STATEMENTS OF POLICY Loan Number: 0085942746 Property Address: 1215 INDIAN PEG ROAD, MECHANICSBURG PA, 17055 Original Lender: AMC Mortgage Services, Inc. Current Lender/Servicer: AMC Mortgage Services, Inc. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your 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 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 mast MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 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. U you have any questions. You may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INIMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO eF09Mu"`•)q-" Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Island, and New Hampshire. ARRIBA. PUEDES SIR ELIGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PIRDIDA DEL DIRECHO A REDEVUR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MANE 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: x IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, x IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND x IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGB 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 of this meeting The names addresses and telephone numbers of designated consumer credit counsel ins agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill oat, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WELL BE DENIED, AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no 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. March 02, 2007 Loan Number: 0085942746 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 an to date) NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at: 1215 INDIAN PEG ROAD, MECHANICSBURG, PA 17055 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: 01/01/07 thra 03/01/07 Minimum Payments plus late charge or other fees: $3905.31 Minimum Amount to Care Default: 53905.31 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not an if not applicable): NIA HOW TO CURE THE DEFAULT -You may core the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 53905.31 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash , cambier's check, certified check or money order made tatyeble and sem to AMC Mortgage Services P.O. Box 5926 Carol Stream, IL 60197-5926 You can care any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) N/A IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the leader 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 fall 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 modanged pMegty 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 care the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you care the default within the THIRTY (30) DAY period. you will not he 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 CUBE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cared the default within the THIRTY (30) DAY period and foreclosure proceedings have began, yon still have the right to cure the dcfeWt and prevent the sale at any time to one hour before the Sheriffs Salmi Yon may so paving the minimum amount then past due, plus W late or other chmges then due, reasonable atttomey's fees an costs connected with the foreclosure sale and any other costs connected with the Sheriff a Sale as specked in writing by the lender and EFMFJNCI$1-Oil pedforming_my other requirements under the mortg Caring 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 sock a Sheriffs Sale of the mortgaged property could be held would be approximately (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of coarse, the amount needed to care the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: AMC Mortgage Services PO Box 11000 Santa Ana, CA 92711-1000 Phone Number 800-430-5262 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs 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 Sheriffs Sale, a lawsuit to remove yon and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - Yon mayor 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: z 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. z TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. z TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) z TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, z TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER s TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED If you need additional assistance or counseling you may also find a Housing Counseling Agency in your area by calling Toll free (800) 5694287 or TDD (800) 877-8339. AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Department Loan Number: 0085942746 Mailed by 1st Class Mail and by Certified Mail EFMYINW19-05 Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 AFAMIINCP12-00 l 4 7 •!' • • • ,OLER JE DEEDS FA • .•.• • .1?.1/I 7UNTY -04 JUL 13A 9 t"I'l TT Prepared By. Amer iquest Mortgage Company Return To: Susan Miller Ameriquest Mortgage Company 150 Corporate Center Drive, Suite P.O. Box 11507, 102,Camp Hill, PA 17011 Santa Ana, CA 92711 Parcel Numbw. 22-12-0348 • l3$ [Space Above This Line For Recording Data] MORTGAGE D171N IONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21.,Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated July 9, 2004 together with all Riders to Ws document. (B) "Borrower" is MICHAEL L. GARRETT Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Ameriquest Mortgage Company PENNSYLVANIA - Single Family - Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3039 1181 07/09/2004 1:00:06 0085942746-5697 AM6PA (os11) Page 1 or 16 Inlgeb: VMP Mortgage SoMm (800)521-7221 000000658427460301501701 BK l 873PG2 122 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Bonower and recorded with it. Witnesses: - (Seal) -Borrower (Sean Bomwer (seal) -Borrower AMSPA (0311) 07/09/2004 12:29:55 4 (Seat) MICHAEL L GARRETT Borrower (Seal) -Borrower - (Seal) -Bomwer - (SW) -Borrower (Seal) -Borrower Page 15 of le Form 3038 1101 0085942746-5697 000000659427460301501715 OK I 873PG2 13.6 -s 0 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-2475 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE CORRECTED AMENDED COMPLAINT - CIVIL ACTION NOTICE TO DEFEND 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 amended 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 FAClients\Ameriquest\Garrett WAmended complaint.wpdPlylerRichard 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 of 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 FAClients\Ameriquest\Garrett, M\Amended complaint.wpdPlylerRichard 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) dial de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, 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 edades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 FAClients\Ameriquest\Garrett, M\Amended complaint.wpdPlylerRichard Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-2475 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE CORRECTED AMENDED COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, by and through its undersigned attorney, Richard M. Squire, Esquire, brings this amended action in mortgage foreclosure upon the following cause of action: FAClients\Ameriquest\Garrett, WAmended complaint.wpdPlylerRichard 1. Plaintiff, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse ("Plaintiff'), is a corporation with its principal place of business at 108016 1h Street, Suite 130, Rancho Cucamonga, CA 91730. 2. Defendant, Estate of Michael L. Garrett, is a decedent's estate which is presently the real owner of the real property located at 1215 Indian Peg Road Mechanicsburg, PA 17055 (hereinafter referred to as "Premises") 3. Michael L. Garrett (hereinafter referred to as "Decedent") was the mortgagor and grantee in the last Deed of record to the Premises. 4. Decedent resided at and/or maintained an address at the Premises at the time of his death. 5. Defendant, Collette S. Garrett, is an adult individual who resides at and/or maintains an address at the Premises. 6. Defendant, Collette S. Garrett, is an Heir to and/or the Administratrix to, or Executrix, of the Estate of Michael L. Garrett, deceased; and is named defendant herein in accordance with Pa. R.C.P. 1144(a)(2). 7. On 07/09/2004, Decedent made, executed, and delivered a Mortgage for the benefit of Ameriquest Mortgage Company as security for his payment and other obligations under a promissory note executed by him on the same date in consideration of a loan made to Decedent by Plaintiff. Said Mortgage is recorded in the Office of the Recorder in and for Cumberland County, in Mortgage Book 1873, Page 2122, and is incorporated herein by reference by virtue of Pa. R.C.P. §1019(g). 2 . -1 8. The Plaintiff has prepared a formal legal assignment, recorded 06/08/2007, in Book 0373, Page 2982-2985 as Instrument No. 2007-019815 in Cumberland County, PA.. 9. Plaintiff is the present holder of the Mortgage by virtue of the above assignment. 10. The Premises, which is subject to the aforesaid Mortgage is described in Exhibit "A," attached hereto and incorporated herein by reference. The address of the Premises is 1215 Indian Peg Road, Mechanicsburg, PA 17055. 11. The aforesaid Mortgage is in default because the required monthly payments due under the terms of the aforesaid promissory note and Mortgage have not been made from 01/01/2007 through the present date. By the terms of the aforesaid Mortgage, upon breach and failure to cure said breach after written notice, all sums secured by said Mortgage shall be immediately due and owing. 12. The terms of the aforesaid Mortgage further provide that, in the event of default, Decedent shall be liable for Plaintiffs costs and attorney's fees. 13. The following amounts are due as of July 10, 2007: Principal $113,607.82 Accrued Interest through July 10, 2007 5,515.70 Late Charges $331.10 Corporate Advance $8.50 Escrow Advance ($5,678.64) Attorney's Fees $5,680.39 TOTAL $119,464.87 plus costs, per diem interest at the rate of $29.03 for each day after July 10, 2007, until the entry of judgment, and per diem interest subsequent to the entry of judgment. 3 14. Plaintiff has demanded the total amount due from Decedent, but Decedent has failed and/or refused to pay the same. 15. Notice of Intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sea. (hereinafter collectively referred to as "Act 91 Notice") was mailed to Decedent via simultaneous regular mail postage prepaid and certified mail return receipt requested on 03/02/2007. A true and correct copy of the Act 91 Notice is attached hereto and marked as Exhibit "B" and is incorporated herein by reference as though fully set forth at length. WHEREFORE, Plaintiff respectfully requests that judgment in rem be entered in its favor and against Defendants for foreclosure and sale of the Premises in the amounts due as set forth in Paragraph 13, namely $119,464.87, plus costs, per diem interest, and such other relief as this Court deems just and proper. RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard M. Squire 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 Attorneys for Plaintiff Date: July 10, 2007 UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4 VERIFICATION Richard M. Squire, hereby states that he is the attorney for the Plaintiff, a corporation, unless designated otherwise; that he is authorized to make 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 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 knowledge, information and belief and the source of his information is public records and reports of Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. Z , "//" / )- / J" '. " Ri ar M. Squire, Es i Attorney for Plaintiff Date: July 10, 2007 EXHIBIT "A" LEGAL DESCRIPTION IL J ' LEGAL DESCRIPTION 1215 INDIAN PEG ROAD MECHANICSBURG, PA-17055 CUMBERLAND County EXHIBIT 'A' ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron.pin at the corner of land now or formerly of David Paulus and other lands now or formerly of Robert Moffitti Thence along said lands now or formerly of Robert Moffit, South 81 degrees 30 minutes Rest for a distance of one hundred forty-two and nine tenths (142.9) feet to an iron pin; thence along lands now or formerly of C. R. Minnich, South 65 degrees 58 minutes West, for a distance of thirty-eight (38) feet to an iron pin; thence along lands formerly of Edward L. Miller, and now of Walter L. Berkheimer and Martha E. • Berkheimer, his wife North•8 degrees 53 minutes 50 seconds West, for a distance of two hundred sixty-nine and one tenth (269.1) feet to a stake; thence along lands now or formerly of Walter L. Berkheimer and Martha E. Berkheimer, and continuing along land of William Goodyear, North 75 degrees 25 minutes East, for a distance of one hundred eighty and no hundredths (180.00) feet to a stake; thence along lands now or formerly of Davis Paulus, South 8 degrees 48 minutes 30 seconds East, two hundred seventy-eight and no hundredths (278.00) feet to an iron pin at the place of BEGINNING. BEING known and municipally numbered as 1215 Indian Peg Road, Mechanicsburg, Pennsylvania 17055. R PK.1.873PG2I30 Exhibit B 1 1 1 1 A `V P.O. Box 11000 MORTGAGE SERVICES Santa Ana, CA 92711-1000 March 02, 2007 fBWNKZZS MICHAEL L GARRETT ,,, , on 1215 INDIAN PEG ROAD MECHANICSBURG, PA 17055-9798 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica como los propietarios de casas pueden evitar perder sus hogares debido a demoras de pagos. Para informaci6n en espaflol flame a su prestamista. STATEMENTS OF POLICY Loan Number: 0085942746 Property Address: 1215 INDIAN PEG ROAD, MECHANICSBURG PA, 17055 Original Lender: AMC Mortgage Services, Inc. Current Lender/Servicer: AMC Mortgage Services, Inc. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your 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 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 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with von 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, von may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDTTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ,",.w"°F'19-% Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Island, and New Hampshire. f li 1 1 A MC P.O. Box 11000 MORTGAGE SERVICES Santa Ana, CA 92711-1000 March 02, 2007 #B WNKZZS MICHAEL L GARRETT 102 HAWK CT MECHANICSBURG, PA 17050-2058 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica Como los propietarios de casas pueden evitar perder sus hogares debido a demoras de pagos. Para informaci6n en espaflol llame a su prestamista. STATEMENTS OF POLICY Loan Number: 0085942746 Property Address: 1215 INDIAN PEG ROAD, MECHANICSBURG PA, 17055 Original Lender: AMC Mortgage Services, Inc. Current Lender/Servicer: AMC Mortgage Services, Inc. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paces. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you mast MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 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 anv Questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IIVIPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SII CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION D VIEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO E0°"j"°" -% Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Island, and New Hampshire. ARRIBA. PUEDES SIR ELIGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PIRDIDA DEL DERECHO A REDI IIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAEE 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: z IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, z IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND z IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a fax-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) 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 yon meet with one of the consumer credit counseling agency 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. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fax-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no 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. 6F"0^0 12-06 March 02, 2007 Loan Number: 0085942746 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 an to date). NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at: 1215 INDIAN PEG ROAD, MECHANICSBURG, PA 17055 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: 01101/07 thra 03/01/07 Minimum Payments plus late charge or other fees: $3905.31 Minimum Amount to Care Default: 53905.31 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A 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 53905.31 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by an h, cashier's check, certified check or mo= order made pflynble and sent to: AMC Mortgage Services P.O. Box 5926 Carol Stream, IL 60197-5926 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.) NIA 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 ro e 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 care the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you care the default within the THIRTY (30) DAY period, you will not he 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 cared the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, = still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale Yoa may do so avine the minimum amount then past due, plus any late or other ch&=s then due, reaso le attomev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by UMFJMPII-07 ytdmiing any other requirements under the mortaase Caring 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 Sheriffs Sale of the mortgaged property could be held would be approximately (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 coarse, the amount needed to care the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER, AMC Mortgage Services PO Box 11000 Santa Ana, CA 92711-1000 Phone Number 800-430-5262 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs 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 Sheriffs 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 same 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: z 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. z TO HAVE 719S DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. z TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) z TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, z TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER z TO SEE{ PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED If you need additional assistance or counseling you may also find a Housing Counseling Agency in your area by calling Toll free (800) 5694287 or TDD (800) 877-8339. AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Department Loan Number: 0085942746 Mailed by 1st Class Mail and by Certified Mail vaJYPCPIO-06 Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 MA001MCr12-05 Exhibit C 1 y '^ ptoq? -0LLR ..', . OF DEEDS 01)UHTY- PA '9 JUL 13A Prepared By. Amer iquest Mortgage Company Return To: Susan Miller 150 Corporate Center Drive, Suite 102,Camp Hill, PA 17011 Ameriquest Mortgage Company P.O. Box 11507, Banta Ana, CA 92711 Parcel Number. 22-12-0349-IBS' [Space Above TMs Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. mtain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated July 9, 2004 together with all Riders to this document. (B) "Borrower" is MICHAEL L. GARRETT Borrower is the mortgagor under this Security lostruramt (C) "Lender" is Ameriquest Mortgage Company PENNSYLVANIA - Single Family - Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3039 1101 07/09/2004 1:00:06 0085942746-5697 AM6PA (o311) Page i of Is Intuab: VMP Mortgage Solutl4m (800)521-7281 11MOONAME1 WW% 000000859427460301501701 P $KI873PG2122 BY SIGNING BBLOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: - (Seal) -Borrower _ (Seal) (Seal) -Borrower -Borrower - (SeaD (See) Borrower -Borrower (Seal) (Seal) -Borrower -Borrower AMSPA rosfl) 0710912004 12:29:55 (Seas) MIMUM L GARRETT -Borrower Page f6of f8 Form 3039 1101 0085942746-5697 liffift M A 000000859427460301501716 OKI87"3PG2136 f? N .. c.a J 'rl -.- y-.J _..._ .,,,... - -(l (;1 . .?? .. ?, } SHERIFF'S RETURN - REGULAR CASE NO:.2007-02475 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS GARRETT MICHAEL L MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon r-APPFTT MT,T.PTTP KMnW THPTR nF MTC.HAF.L L GARRETT the DEFENDANT , at 1445:00 HOURS, on the 3rd day of August , 2007 at 102 HAWK COURT MECHNICSBURG, PA 17050 by handing to SARAH GARRETT, ADULT DAUGHTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 7 164)oj C?,,, ? Sworn and Subscibed to before me this of So Answers: 6.00 10.56 .00 10.00 R. Thomas Kline .00 26.56 08/06/2007 RICHARD SQUIRE & SSOCIATES By. day '' eputy She iff , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO:. 2007-02475 P COMMQNTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS GARRETT MICHAEL L R. Thomas Kline duly sworn according to law, inquiry for the within named GARRETT MICHAEL ESTATE OF & unable to locate Him in his COMPLAINT - MORT FORE , -,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT HEIRS, ADMINISTRATORS, EXEC but was bailiwick. He therefore returns the NOT FOUND , as to the within named DEFENDANT GARRETT MICHAEL ESTATE OF & HEIRS, ADMINISTRATORS, EXEC , 1215 INDIAN PEG ROAD MECHANICSBURG, PA 17055 PER NEIGHBORS, PROPERTY HAS BEEN VACANT FOR QUITE SOME TIME. Sheriff's Costs: Docketing 18.00 Service 10.56 Not Found 5.00 Surcharge 10.00 .00 SID1161 , ? 43.56 _ __ So answers: - R. Thomas Kline Sheriff of Cumberland County RICHARD SQUIRE & ASSOCIATES 08/06/2007 Sworn and Subscribed to before me this day of A. D. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Attorneys for Plaintiff Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 07-2475 V. Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANT. CIVIL ACTION PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Collette Garrett, Defendant for her 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 the Complaint $119,464.87 Interest from 07/10/2007 to 09/10/2007 $1,799.86 TOTAL $121,264.73 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 9 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PROTHONOTARY PlylerRichard 11 ?' r 1 S r f. 4 M1z;, Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, V. Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 07-2475 CIVIL ACTION VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that Defendant Collette Garrett is over 18 years of age and resides at and/or maintains an address at 1215 Indian Peg Road, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Richard M. Squire, ire Attorney for Plainti PlylerRichard .?. 'y?? _Y ? ? " '' ?? °. Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PAA 17013-3387 717-240-6195 Date Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, v. Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS. NOTICE TO: Collette Garrett 102 Hawk Ct. Mechanicsburg, PA 17050 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on , a judgment(decme)(order) was entered against you in this office in the proceeding as indicated above. Prothonotary Deputy Prothonotary Date Mailed: PlylerRichard 4 1 1 } ?i ?. l Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Attorneys for Plaintiff Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-2475 PLAINTIFF, V. Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANT. TO: Collette Garrett 102 Hawk Ct. Mechanicsburg PA 17050 DATE OF NOTICE: August 28,200 CIVIL ACTION MORTGAGE FORECLOSURE THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU TlylerRichard MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 TlylaRichard #_h ? ? ? s 4 ? 4 ? ?, tX, ? D ?;?-:? ?, c 8 ?? ?b N ` ?' ;- ? ? Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA I under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-2475 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE CORRECTED AMENDED COMPLAINT TO THE PROTHONOTARY: Kindly mark the Plaintiff's Corrected Amended Complaint in the above matter as reinstated pursuant to Rule 401 (b) and Rule 1141 Pa. R. C. P. 20 RICHARD M. SQUIRE & ASSOCIATES By: Richard M. Squ' , Esq. Attorneys for Plaintiff Date: November 13, 2007 t.U SHERIFF'S RETURN - REGULAR CASE NO: 2007-02475 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS GARRETT MICHAEL L DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GARRETT COLLETTE KNOW HEIR OF MICHAEL L GARRETT the DEFENDANT , at 2017:00 HOURS, on the 28th day of November-, 2007 at 102 HAWK COURT MECHNICSBURG, PA 17050 COLLEEN GARRETT by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 11 . 5 2'O .00 T 10.00 R. Thomas Kline .00 39.52 12/05/2007 RICHARD SQUIRE B f'r day Deputy Sheriff of , A. D. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue, Jenkintown, Pa 19046 Telephone: 215-886-8790, Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Estate of Michael L. Gallagher, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 07-2475 CIVIL ACTION PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Michael L. Garrett, Defendant for their 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 Plaintiffs damages as follows: As set forth in the Complaint $119,464.87 Interest from 07/10/2007 to 12/31/2007 $5,051.22 TOTAL $124,516.09 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. chard M. Squire, E e Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: Los ko 40THONOTARY OKe4 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue, Jenkintown, Pa 19046 Telephone: 215-886-8790, Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Estate of Michael L. Gallagher, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 07-2475 CIVIL ACTION VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the Defendant not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that Defendant Michael L. Garrett is over 18 years of age and reside at 1215 Indian Peg Road, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. chard M. Squire, s e Attorney for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Estate of Michael L. Gallagher, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-2475 CIVIL ACTION MORTGAGE FORECLOSURE TO: Estate of Michael L. Gallagher, Deceased 102 Hawk Ct. Mechanicsburg PA 17050 DATE OF NOTICE: December 19.2007 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE . YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Estate of Michael L. Gallagher, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-2475 CIVIL ACTION MORTGAGE FORECLOSURE TO: Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DATE OF NOTICE: December 19,200 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 n 3u Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PA 17013-3387 717-240-6195 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Estate of Michael L. Gallagher, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS. NOTICE TO: Estate of Michael L. Gallagher, Deceased c/o Collette Garrett 102 Hawk Ct. Mechanicsburg, PA 17050 Date / 03 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on a judgment(decree)(order) was entered against you in this office in the proceeding as indicated above. S "Prothoinpolry'Deputy Prothono Date Mailed: _0? Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PA 17013-3387 717-240-6195 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, v. Estate of Michael L. Gallagher, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS. NOTICE TO: Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Ct. Mechanicsburg, PA 17050 Date l 03 o8 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on O O a judgment(decree)(order) was entered against you in this office in the proceeding as indicated above. - Prothonotary I - ?_? 168 A. -L Deputy Prothono Date Mailed: Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue, Jenkintown, Pa 19046 Telephone: 215-886-8790, Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-2475 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE TO VACATE JUDGMENT, WITHOUT PREJUDICE TO THE PROTHONOTARY: Please mark the judgment entered January 3, 2008, in the above matter against Michael L. Garrett, Defendant, as vacated without prejudice upon payment of your costs only. RICHARD M. SQUIRE & ASSOCIATES Date: March 3, 2008 FREEDMAN, ESQUIRE ) M. SQUIRE & ASSOCIATES, LLC for Plaintiff d -J z c O CP .: 1 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue, Jenkintown, Pa 19046 Telephone: 215-886-8790, Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 07-2475 CIVIL ACTION PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder, Defendants for their 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 the Complaint $119,464.87 Interest from 07/10/2007 to 09/10/2007 $1,799.86 TOTAL $121,264.73 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. W, . Troy Freedman, Esquire, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE:--?/.r/O6 C- / / ?/ -.9 71- , '/?. `PROTHONOTARY Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue, Jenkintown, Pa 19046 Telephone: 215-886-8790, Fax: 215-886-8791 Attorneys for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 07-2475 CIVIL ACTION VERIFICATION OF NON-MILITARY SERVICE M. Troy Freedman, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that Michael Garrett, deceased, was not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended, at the time of his death. (b) that Michael Garrett, at the time of his death, resided at and/or maintained an address at 1215 Indian Peg Road, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Freedman, Esquire for Plaintiff Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PA 17013-3387 717-240-6195 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, PLAINTIFF, V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratoix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS. TO: Estate of Michael L. Garrett, Deceased c/o Collette Garrett 102 Hawk Ct. Mechanicsburg, PA 17050 NOTICE Date Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on a judgment(decree)(order) was entered against you in this office in the proceeding as indicated above. 4Prothono Deputy Prothonotary Date Mailed: Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Attorneys for Plaintiff Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-2475 PLAINTIFF, V. Estate of Michael L. Gallagher, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANTS. TO: Estate of Michael L. Gallagher, Deceased 102 Hawk Ct. Mechanicsburg PA 17050 DATE OF NOTICE: December 19.2007 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE • i . YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 IMTORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 2 Liberty Avenue Carlisle, PA 17013 717-249=3166 and 800-990-9108 `64 r.a Pn CJl -??^''e CSC Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2475 CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) F:\Clients\Ameriquest\Garrett M\Writ Garrett 3.3.2008.wpdPM To the Prothonotary: Issue Writ of Execution in the above matter. Amount Due $121,264.73 ? Interest From 09/11/2007 to 6/11/2008 L -1,9L83.25 @ $29.03 per diem $129,247.98 * plus fees and costs Dated .3 V ttorney for Plaintiff(s) FAChents\Ameriquest\Garrett, M\Writ Garrett 3.3.2008.wpdPM I I 0 a? s Y ?i 7 .n Y Q? S .w Y 1+1 L Cd Y Y o Q da ? oU N W E.., ? ? un r' a -c A ? A GA ? ? o N a¢ U O ? ? O W c?0 Y W 15 CL- -1 +y 4 g? act u. o O o C-i a A U ? W O O ? E"' o ?w oSo W a `5 b rU w U °'' a o O0 00 o ? cc ? d' .. •,, W W vOi ? ? ?+ N ' 6 o $ o °' o r. oo ? 00 C a' °O ?o 1?3 4 Q r r Y ? Y V V Y Y Y v .?. ? l Y L ? v ?? I l ? 1 1 ? 1 1 L4 13 5 a V y ? t I CJG r0°n M N 1 a 0 0 M rR V 3 N a w ,r' . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2475 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-IA1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2004, WITHOUT RECOURSE, Plaintiff (s) From ESTATE OF MICHAEL L. GARRETT, DECEASED, AND-ALL OTHER HEIRS KNOWN AND UNKNOWN, AND ALL OTHER ADMINISTRATORS, SUCCESSORS, ASSIGNS AND ALL OTHER PERSONS CLAIMING ANY RIGHT, TITLE AND/OR INTEREST THEREIN, THEREFROM, AND/OR THEREUNDER AND COLLETTE GARRETT, IN HER CAPACITY AS KNOWN HEIR AND/OR ADMINISTRATRIX OR EXECUTRIX OF MICHAEL L. GARRETT, DECEASED (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 $121,264.73 L.L. $.50 Interest FROM 9/11/07 TO 6/11/08 @ $29.03 PER DIEM* PLUS FEES AND COSTS --$7,983.25 Atty's Comm % Atty Paid $337.84 Plaintiff Paid Date: MARCH 5, 2008 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Curt' R. Long, Prot ary By: Deputy Name RICHARD M. SQUIRE, ESQUIRE Address: RICHARD M. SQUIRE & ASSOCIATES, LLC ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8790 Supreme Court ID No. 04267 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 Attorneys for Plaintiff 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 07-2475 CIVIL ACTION CERTIFICATION M. Troy Freedman, Esquire, hereby verifies that he is an attorney for the Plaintiff in the above captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA Mortgage ( ) Non-owner occupied ( ) Vacant (X ) Act 91 Procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. f? Date: . roy Freedman, Esquire f-Attorney for Plaintiff -` a s ut Vic' G ©m t.n CYN Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Attorneys for Plaintiff Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Deutsche Bank National Trust Company, as IN THE COURT OF COMMON PLEAS Trustee of Ameriquest Mortgage Securities Inc., CUMBERLAND COUNTY, Asset Backed Pass-Through Certificates, Series PENNSYLVANIA 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, V. NO 07-2475 CIVIL ACTION Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratoix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS AFFIDAVIT OF LAST KNOWN ADDRESSES I, M. Troy Freedman, Esquire, being duly sworn according to law, hereby depose and say that I am one of the attorneys for Plaintiff in the above matter and that the last known address for the Defendants herein is as follows: Defendants: Estate of Michael L. Garrett, deceased Collette Garrett c/o Collette Garrett 102 Hawk Court 102 Hawk Court Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 Date: March 3, 2008 roy Freedman, Esquire ttorney for Plaintiff c? 9 m rp a? :t f r. CJ7 CTS '? Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Deutsche Bank National Trust Company, as Trustee of 1 IN THE COURT OF COMMON PLEAS Ameriquest Mortgage Securities Inc., Asset Backed 1 CUMBERLAND COUNTY, PENNSYLVANIA Pass-Through Certificates, Series 2004-IA1 under the 1 Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse 1 NO 07-2475 PLAINTIFF, V. 1 CIVIL ACTION Estate of Michael L. Garrett, Deceased, and- All Other 1 Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS. VERIFICATION OF NON-MILITARY SERVICE M. Troy Freedman, Esquire, hereby verifies that he is one of the attorneys for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the Defendant, Collette Garrett, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that Defendant, Collette Garrett, is over 18 years of age and resides at 102 Hawk Court, Mechanicsburg, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Dated: March 3, 2008 roy Freedman, Esquire f or Plaintiff /Attorney o as ?- Cn -v r bm c n 0'% Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IAI under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2475 CIVIL ACTION MORTGAGE FORECLOSURE V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IAI under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1215 Indian Peg Road, Mechanicsburg, PA 17055: FAChents\Ameriquest\Garrett, WWit Garrett 3.3.2008.wpd 1. Name and last known address of Owner(s) or Reputed Owner(s): Estate of Michael L. Garrett, deceased, C/o Collette Garrett, 102 Hawk Court, Mechanicsburg, PA 17055 Collette Garrett, 102 Hawk Court, Mechanicsburg, PA 17055 2. Name and last known address of Defendant(s) in the judgment: Estate of Michael L. Garrett, deceased, 1215 Indian Peg Road, Mechanicsburg, PA 17055 Collette Garrett, 102 Hawk Court, Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National 108016' Street, Suite 130 Trust Company Rancho Cucamonga, CA 91730 4. Name and address of last recorded holder of every mortgage of record: Ameriquest Mortgage Company 108016' Street, Suite 130 Rancho Cucamonga, CA 91730 5. Name and address of every other person who has any record lien on the property: None other. 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: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare Attn : Legal Department Domestic Relations Cumberland County Tax Claim Bureau Cumberland County Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013 FAC1ients\Ameriquest\Garrett, WWrit Garrett 3.3.2008.wpd Office of Chief Counsel Department of Revenue Commonwealth of Pennsylvania Commonwealth of Pennsylvania Department of Revenue Dept. 281061 Harrisburg, PA 17128 Bureau of Individual Taxes P.O. Box 280601 Harrisburg, PA 17128-0601 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: Tenant/Occupant 1215 Indian Peg Road Mechanicsburg, PA 17055 VERIFICATION 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. §4904 relating to unsworn falsification to authorities. Richard M. Squire & Associates, LLC By: ,//M.-Troy Freedman, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff Date: March 3, 2008 FAClients\Ameriquest\Garrett, M\Writ Garrett 3.3.2008.wpd C2 R; o c°o 35 n t M ? Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2475 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Collette Garrett 102 Hawk Ct. Mechanicsburg, PA 17050 Your house (real estate) at 1215 Indian Peg Road, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff s Sale on June 11, 2008 at 10:00 a.m., at the Cumberland County Courthouse, I Courthouse Square, FAClients\Ameriquest\Garrett, M\Writ Garrett 3.3.2008.wpdPM Carlisle, PA 17013 to enforce the courtjudgment of $121,264.73 plus interest to the sale date obtained by Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse against you. 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: The sale will be canceled if you pay back to Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire or M. Troy Freedman, Esquire at (215) 886-8790. 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 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 below 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. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6195. 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. FAChents\Ameriquest\Garrett, M\Writ Garrett 3.3.2008.wpdPM You have a 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 no later than 30 days after the Sheriff s Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 FAClients\Ameriquest\Garrett, M\Writ Garrett 3.3.2008.wpdPM f'? ? ??? ?xa° d R7T?:. rIC ??,` ?? ?? , ?? ??? ? ? ?? ? ? i ? ? --? -? Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2475 CIVIL ACTION € MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Estate of Michael L. Garrett, deceased, c/o Collette Garrett 102 Hawk Ct. Mechanicsburg, PA 17050 Your house (real estate) at 1215 Indian Peg Road, Mechanicsburg, PA 17055 is scheduled to be sold FAChents\Ameriquest\Garrett M\Writ Garrett 3.3.2008.wpdPM at Sheriff s Sale on June 11, 2008 at 10:00 a.m., at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 to enforce the courtjudgment of $121,264.73 plus interest to the sale date obtained by Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse against you. 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 canceled if you pay back to Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IAl under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire or M. Troy Freedman, Esquire at (215) 886-8790. 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 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 below 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriff s Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6195. FAClients\Ameriquest\Garrett, M\Writ Garrett 3.3.2008.wpdPM 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 a 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 no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 FACtientMmeriquest\Garrett, M\Writ Garrett 3.3.2008.wpdPM CA cn COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which AMERIQUEST MTG SECURITIES INC is the grantee the same having been sold to said grantee on the 11 day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 5 day of MARCH, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2475, at the suit of AMERIQUEST MTG SECURITIES INC TR against COLLETTE GARRETT MICHAEL L GARRETT EXTRIX is duly recorded as Instrument Number 200820737. IN TESTIMONY WHEREOF, I have hereunto set my hand andXal of said office this 0?2 _day of A.D.240 F- R order of Deeds Reo/o??d ?Of M-:s", cun?.b?.ewftW COW4. C.{rM iy??,IPPA/? k,M CwhMion Ewm MN Fk* N Yw6M0 Deutsche Bank National Trust Company In the Court of Common Pleas of As Trustee of Ameriquest Mortgage Cumberland County, Pennsylvania Securities Inc., Asset Backed Pass-through Writ No. 2007-2475 Civil Term Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement Dated As of September 1, 2004, Without Recourse vs Estate of Michael L. Garrett, deceased and all other heirs known and unknown, and all other administrators, successors, assigns and all other persons claiming any right, title and/or interest therein, therefrom, and/or thereunder and Collette Garrett, in her capacity as known heir and/or administratix or executrix of Michael L. Garrett, deceased Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 03, 2008 at 1930 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Estate of Michael L. Garrett, deceased and all other heirs known and unknown, and all other administrators, successors, assigns and all other persons claiming any right, title and/or interest therein, therefrom, and/or thereunder and Collette Garrett, in her capacity as known heir and/or administratix or executrix of Michael L. Garrett, deceased by making known unto Collette Garrett personally, and adult in charge for the estate of Michael L. Garrett Garvin, at 102 Hawk Court, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 03, 2008 at 1930 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 Estate of Michael L. Garrett, deceased and all other heirs known and unknown, and all other administrators, successors, assigns and all other persons claiming any right, title and/or interest therein, therefrom, and/or thereunder and Collette Garrett, in her capacity as known heir and/or administratix or executrix of Michael L. Garrett, deceased located at 1215 Indian Peg Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Estate of Michael L. Garrett, deceased and all other heirs known and unknown, and all other administrators, successors, assigns and all other persons claiming any right, title and/or interest therein, therefrom, and/or thereunder and Collette Garrett, in her capacity as known heir and/or administratix or executrix of Michael L. Garrett, deceased by regular mail to the last known address of 102 Hawk Court, Mechanicsburg, PA 17055. This letter was mailed under the date of April 17, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Richard Squire, on behalf of Deutsche Bank National Trust Company, as Trustee in trust for the registered holders of AMeriquest Mortgage Securities, Inc., Asset Backed Pass-Through Certificates, Series 20044AL It being the highest bid and best price received for the same, Deutsche Bank National Trust Company, as Trustee in trust for the registered holders of AMeriquest Mortgage Securities, Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 of P.O. Box 11000, Santa Ana, CA 92711, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,270.30. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of bills Distribution of proceeds Sheriff's deed 30.00 24.91 15.00 15.00 48.00 10.00 .50 2.00 17.28 15.00 30.00 491.00 492.38 14.73 25.00 39.50 $1,270.30 V 4I-i/0 9- So Answers: i??'???saQ.a? R. Thomas Kline, Sheriff BY Real Estate rgeant Cie, G y su 4' A, J1001 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 C Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2475 CIVIL ACTION MORTGAGE FORECLOSURE V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS. AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA I under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1215 Indian Peg Road, Mechanicsburg, PA 17055: FAC1ients\Ameriquest\Garrett, M\Writ Garrett 3.3.2008.wpd 1. Name and last known address of Owner(s) or Reputed Owner(s): Estate of Michael L. Garrett, deceased, C/o Collette Garrett, 102 Hawk Court, Mechanicsburg, PA 17055 Collette Garrett, 102 Hawk Court, Mechanicsburg, PA 17055 2. Name and last known address of Defendant(s) in the judgment: Estate of Michael L. Garrett, deceased, 1215 Indian Peg Road, Mechanicsburg, PA 17055 Collette Garrett, 102 Hawk Court, Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National 10801 6th Street, Suite 130 Trust Company Rancho Cucamonga, CA 91730 4. Name and address of last recorded holder of every mortgage of record: Ameriquest Mortgage Company 108016 th Street, Suite 130 Rancho Cucamonga, CA 91730 5. Name and address of every other person who has any record lien on the property: None other. 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: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Department of Public Welfare Attn : Legal Department Domestic Relations Cumberland County Tax Claim Bureau Cumberland County Harrisburg, PA 17128-1230 Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013 FAClients\Ameriquest\Garrett, M\Writ Garrett 3.3.2008.wpd Office of Chief Counsel Department of Revenue Commonwealth of Pennsylvania Commonwealth of Pennsylvania Department of Revenue Dept. 281061 Harrisburg, PA 17128 Bureau of Individual Taxes P.O. Box 280601 Harrisburg, PA 17128-0601 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: Tenant/Occupant 1215 Indian Peg Road Mechanicsburg, PA 17055 VERIFICATION 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. §4904 relating to unsworn falsification to authorities. Richard M. Squire & Associates, LLC By: M. ?Freedman, Esquire 115 e, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff Date: March 3, 2008 FAClients\AmeriquesAGarrett, MNWrit Garrett 3.3.2008.wpd Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA I under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2475 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Estate of Michael L. Garrett, deceased, c/o Collette Garrett 102 Hawk Ct. Mechanicsburg, PA 17050 Your house (real estate) at 1215 Indian Peg Road, Mechanicsburg, PA 17055 is scheduled to be sold FAChents\Ameriquest\Garrett, M\Writ Garrett 3.3.2008.wpdPM at Sheriffs Sale on June 11, 2008 at 10:00 a.m., at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $121,264.73 plus interest to the sale date obtained by Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IAl under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse against you. 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 canceled if you pay back to Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IAl under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire or M. Troy Freedman, Esquire at (215) 886-8790. 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 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 below 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. If the Sheriff s Sale is not stopped, your property will be sold.to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriff s Office at 717-240-6100. 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. 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 the Cumberland County Courthouse at 717-240-6195. FAC1ients\Ameriques1\Garrett, M\Writ Garrett 3.3.2008.wpdPM 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 a 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 no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\Ameriquest\Garrett, M\Writ Garrett 3.3.2008.wpdPM 1 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, V. Estate of Michael L. Garrett, Deceased, and- All Other Heirs, Known and Unknown, and All Other Administrators, Successors, Assigns and All Other Persons Claiming Any Right, Title and/or Interest therein, therefrom, and/or thereunder 1215 Indian Peg Road Mechanicsburg, PA 17055 Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, deceased 102 Hawk Court Mechanicsburg, PA 17050 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2475 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Collette Garrett 102 Hawk Ct. Mechanicsburg, PA 17050 Your house (real estate) at 1215 Indian Peg Road, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff s Sale on June 11, 2008 at 10:00 a.m., at the Cumberland County Courthouse,) Courthouse Square, FAClientsUrneriquesAGarrett, M\Writ Garrett 3.3.2008.wpdPM Carlisle, PA 17013 to enforce the court judgment of $121,264.73 plus interest to the sale date obtained by Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IAI under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse against you. 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 canceled if you pay back to Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire or M. Troy Freedman, Esquire at (215) 886-8790. 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 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 below 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. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriff s Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6195. 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. FAChentsUrneriquest\Garrett, M\Writ Garrett 3.3.2008.wpdPM 5. You have a 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 no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\Ameriquest\Garrett, M\Writ Garrett 3.3.2008.wpdPM LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pin at the corner of land now or formerly of David Paulus and other lands now or formerly of Robert Moffitt; Thence along said lands now or formerly of Robert Moffit, South 81 degrees 30 minutes West for a distance of one hundred forty-two and nine tenths (142.9) feet to an iron pin; thence along lands now or formerly of C. R. Minnich, South 65 degrees 58 minutes West, for a distance of thirty-eight (38) feet to an iron pin; thence along lands formerly of Edward L. Miller, and now of Walter L. Berkheimer and Martha E. Berkheimer, his wife, North 8 degrees 53 minutes 50 seconds West, for a distance of two hundred sixty-nine and one tenth (269.1) feet to a stake; thence along lands now or formerly of Walter L. Berkheimer and Martha E. Berkheimer, and continuing along land of William Goodyear, North 75 degrees 25 minutes East, for a distance of one hundred eighty and no hundredths (180.00) feet to a stake; thence along lands now or formerly of Davis Paulus, South 8 degrees 48 minutes 30 seconds East, two hundred seventy-eight and no hundredths (278.00) feet to an iron pin at the place of BEGINNING. BEING known and municipally numbered as 1215 Indian Peg Road, Mechanicsburg, Pennsylvania 17055. BEING Parcel No. 22-12-0348-138. BEING the same premises which Michael L. Garrett (erroneously shown as Michael A. Garrett on prior Deed) and Collette S. Garrett, his wife, granted and conveyed unto Michael L. Garrett by Deed dated July 9, 2004 and recorded on July 13, 2004 in Cumberland County Records in Deed Book 264, page 582. •a!*" 3i Ak? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2475 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-IA1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2004, WITHOUT RECOURSE, Plaintiff (s) From ESTATE OF MICHAEL L. GARRETT, DECEASED, AND-ALL OTHER HEIRS KNOWN AND UNKNOWN, AND ALL OTHER ADMINISTRATORS, SUCCESSORS, ASSIGNS AND ALL OTHER PERSONS CLAIMING ANY RIGHT, TITLE AND/OR INTEREST THEREIN, THEREFROM, AND/OR THEREUNDER AND COLLETTE GARRETT, IN HER CAPACITY AS KNOWN HEIR AND/OR ADMINISTRATRIX OR EXECUTRIX OF MICHAEL L. GARRETT, DECEASED (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 $121,264.73 L.L. $.50 Interest FROM 9/11/07 TO 6/11/08 @ $29.03 PER DIEM* PLUS FEES AND COSTS --$7,983.25 Atty's Comm % Atty Paid $337.84 Plaintiff Paid Date: MARCH 5, 2008 (Seal) REQUESTING PARTY: Name RICHARD M. SQUIRE, ESQUIRE Address: RICHARD M. SQUIRE & ASSOCIATES, LLC Due Prothy $2.00 Other Costs 61&4- CurKR. Long, Pro ary By: Deputy ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8790 Supreme Court ID No. 04267 Real Estate Sale # 75 On March 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 1215 Indian Peg Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 19, 2008 By: Z3 0? C ? Real Estat ergeant E S :8 b 9 - 8VW 8001 3 183HS 3KI a0 -31j jo 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: May 2, May 9, and May 16, 2008 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. 61- Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 16 day of May. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commisslon Expires Apr 28, 2010 IiEAL ESTATE SALE NO. 75 Writ No. 2007-2475 Civil Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IAI under the Pooling and Servicing Agreement dated as of September 1, 2004, without recourse vs. Estate of Michael L. Garrett, Deceased, and all Other Heirs, Known and Unknown, and all Administrators, Successors, Assigns and All Other Persons Claiming any Right, Title and/or Interest therein, therefrom, and/or thereunder and Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, Deceased Atty.: Richard M. Squire LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland, and Com- monwealth of Pennsylvania, being more particularly bounded and de- scribed as follows, to wit: BEGINNING at an iron pin at the corner of land now or formerly of David Paulus and other lands now or formerly of Robert Moffitt; Thence along said lands now or formerly of Robert Moffit, South 81 degrees 30 minutes West for a distance of one hundred forty-two and nine tenths (142.9) feet to an iron pin; thence along lands now or formerly of C. R. Minnich, South 65 degrees 58 minutes West, for a distance of thirty-eight (38) feet to an iron pin; thence along lands formerly of Edward L. Miller, and now of Wal- ter L. Berkheimer and Martha E. Berkheimer, his wife, North 8 degrees 53 minutes 50 seconds West, for a distance of two hundred sixty-nine and one tenth (269.1) feet to a stake; thence along lands now or formerly of Walter L. Berkheimer and Martha E. Berkheimer, and continuing along land of William Goodyear, North 75 degrees 25 minutes East, for a dis- tance of one hundred eighty and no hundredths (180.00) feet to a stake; thence along lands now or formerly of Davis Paulus, South 8 degrees 48 minutes 30 seconds East, two hundred seventy-eight and no hun- dredths (278.00) feet to an iron pin at the place of BEGINNING. BEING known and municipal- ly numbered as 1215 Indian Peg Road, Mechanicsburg, Pennsylvania 17055. BEING Parcel No. 22-12-0348- 138. BEING the same premises which Michael L. Garrett (erroneously shown as Michael A. Garrett on prior Deed) and Collette S. Garrett, his wife, granted and conveyed unto Mi- chael L. Garrett by Deed dated July 9, 2004 and recorded on Julv 13. 2004 Real Estate Sale #75 Writ No. 2007-2475 Civil Term Deutsche Bank National Trust Company, as Trustee of 'Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-IAi under the Pooling and Servicing Agreement dated as of September 1, 2004, without recourse VS Estate of Michael L. Garrett, Deceased, and all Other Heirs, Known and Unknown, and all Administrators, Successors, Assigns and All Other Persons Claiming any Right, Title and/or interest therein, therefrom, andf or thereunder and Collette Garrett, in her capacity as known heir and/or Administratrix, or Executrix of Michael L. Garrett, Deceased Attorney: Richard M. Squire DESCRIPTION ALL THAT CERTAIN tract of land situate in ;the Township of . Monloe, County of ;tumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pin at the comer of land now or formerly of David Paulus and other lands now or formerly of Robert Moffitt; Thence along said lands now or formerly of Robert Moffit, South 81 degrees 30 minutes West for a distance of one hundred forty-two and nine tenths (142.9) feet to an iron pin; thence along lands now or formerly of C. R. Minnich, South 5 degrees 58 minutes West, for a distance of thirty-eight (38) feet to an iron pin; thence along lands formerly of Edward L. Miller, and now of iyalter L. Berkheimer and Martha E. Berkheimer, his wife, North 8 degrees 53 minutes 50 seconds West, for a distance of two hundred sixty-nine and one tenth (269.1) feet to stake; thence along lands now or formerly of %alter L. Berkheimer and Martha E. Berkheimer, and continuing along land of ,Kiliam Goodyear, North 75 degrees 25 minutes East, for a distance of one hundred eighty and no hundredths (180.00) feet to a stake; thence along lands now or formerly of Davis Paulus, South 8 degrees 48 minutes 30 seconds East, two hundred seventy-eight and no hundredths (278.00) feet to an iron pin at the place of BEGINNING. BEING known and municipally numbered as 1215 Indian Peg Road, Mechanicsburg, Pennsylvania 17055. BEING Parcel No. 22-12-0348-138. BEING the same premises which Michael L. Garrett (erroneously shown as Michael A. Garrett on prior Deed) and Collette S. Garrett, his wife, granted and conveyed unto Michael L. Garrett by Deed dated July 9, 2004 and recorded on July 13, 2004 in Cumberland County Records in Deed Book 264, page 582.