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HomeMy WebLinkAbout08-0411Richard 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, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, PLAINTIFF, V. Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 08 - A4II 0'm ( lean 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. 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 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 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 DEFENDANTS. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, PLAINTIFF, V. Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, by and through its undersigned attorney, Richard M. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: Plaintiff, Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 ("Plaintiff'), is a corporation with its principal place of business at 10801 6th Street, Suite 130 Rancho Cucamonga CA 91730. 2. Defendants, Daniel K. and Violet L. Angeloff, are the real owners, mortgagers, and grantees in the last Deed of record to the real property located at 306 College Hill Road Enola, PA 17025 (hereinafter referred to as "Premises"). Defendants reside at 306 College Hill Road Enola, PA 17025. 3. On 04/07/2005 Defendants, Daniel K. and Violet L. Angeloff, made, executed, and delivered a Mortgage for the benefit of Ameriquest Mortgage Company as security for Defendants', payment and other obligations under a promissory note executed by Defendants on the same date in consideration of a loan made to Defendants by Plaintiff. Said Mortgage is recorded in the Office of the Recorder in and for Cumberland County, 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 306 College Hill Road, Enola, PA 17025. 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 09/01/2007 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. 8. The terms of the aforesaid Mortgage further provide that, in the event of default, Defendants shall be liable for Plaintiffs costs and attorney's fees. 2 9 The following amounts are due as of January 14, 2008: Principal $58,880.69 Accrued Interest through January 14, 2008 $1,865.70 Late Charges $114.80 Corporate Advance $40.25 Escrow Advance ($5,464.51) Attorney's Fees $2,944.03 TOTAL 58 80.96 10 11. plus costs, per diem interest at the rate of $13.82 for each day after January 14, 2008, until the entry of judgment, and per diem interest subsequent to the entry of judgment. Plaintiff has demanded the total amount due from Defendants, but Defendants havethe 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, etet sea. (hereinafter collectively referred to as "Act 91 Notice") was mailed to Defendants via simultaneous regular mail postage prepaid and certified mail return receipt requested on 11/05/2007. 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 Defendants, Daniel K. and Violet L. Angeloff, for foreclosure and sale of the Premises in the amounts due as set forth in Paragraph 9, namely $58,380.96, 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: January 14, 2008 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 unworn falsification to authorities. Richard M. Squire, Esqu' Attorney for Plaintiff Date: January 14, 2008 EXHIBIT "A" LEGAL DESCRIPTION 04/06/2005 11:23 0, 0 NO-474 D006 Conestoga Tide Insurance Company Commitment Number; 2005030298" SCHEDULE C PROPERTY DESCRIPTION The land Mferred to in this Commitment is described as follows: ALL THAT CERTAIN tract or parcel of land located in East Pennsboro Township, Cumberland County Pennsylvania, more particularly bounded and described according to a survey , dated December 5, 1977, as follows; of D. P. RafPeneperger, R.A. BEGINNING at a point at the intersection of the Southeasterly line of College Hill Road (formerly known as Louis Lane, North) and the Southwesterly one of Arnold Road; thence South 46 degrees 00 minutes East along the SOuthwes" fine of Arnold Road 88.27 feet to a point at the dividing line between Lots No. 80 and 81 on hereinafter mentioned Plan of Lots; Owes South 44 degrees 00 minutes West along some 77.59 feet to a point at the dividing line between Lots Nos. 79 and 80 on said Plan; thence North 46 degrees 00 minutes West along same 94.96 feet to a point on the Southeasterly Ina of College Hill Road; thence Northeashvwdly along Same being an arc of curve to the right having a radius of 463.60 feet 77.98 feet to a point, the place of BEGINNING. BEING Lot No. 80 on Plan of tots known as Section 1, Louis Park, recorded In Plan Book 5, Page 60, Cumberland Records. UNDER AND SUBJECT TO THE RESTRICTION that the premises shalt remain owner occupied for a period of 26 years from the date of this, conveyance. Patcel#09-12-2992-061 ALTAC=mThMnt acwweC 12005030298PFDt2pp5p30298/4) Exhibit B Citi Residential Lending P.O. Box 11000 Santa Ana, CA 92711-1000 #BW NKZZS DANIEL K ANGELOFF 306 COLLEGE HILL RD ENOLA, PA 17025-2115 SIG i POW ACT 91 NOTICE c100.W*k l l November 05, 2007 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica Como los propietarios de cases pueden evitar perder sus hogares debido a demoras de pagos. Para information en espafiol (lame a su prestamista. STATEMENTSOF POLICY Loan Number: 0115353021 Property Address: 306 COLLEGE HILL ROAD, ENOLA PA, 17025 Original Lender: Citi Residential Lending Current Lender/Servicer: Citi Residential Lending THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPTTO 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. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM fHE NAP) may be 8616to 212 to save Your This Notice explains how the program works. home. You IV on Penrms Ivan o- Agency toll free at 1.800-342-2397 (persons with mpalred h earlnst can Dell (717) 780-18 min Finance This Notice contains important legal Information. If you have an questions, Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney In Consmer your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN Citi Residential Lending P.O. Box 11000 Santa Ana, CA 92711-1000 #BWNKZZS VIOLET LANGELOFF 306 COLLEGE HILL RD ENOLA, PA 17025-2115 ti November 05, 2007 lie I111n1111n1,E1111n11111111111 u11n1111 1 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica cones los propietarios de casas pueden evitar perder sus hogares debido a demoras de pagos. Para informacion en espattol Ilame a su prestamista. Loan Number: 0115353021 715 RM STATEMENTS OF POLICY Property Address: 306 COLLEGE HILL ROAD, ENOLA PA, 17025 Original Lender: Citi Residential Lending Current Lender/Servicer: Citi Residential Lending THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPTNO 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. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP may able to help to save Your-home. This Notice explains how the program works. 1iEC0 at Lr1G ena or this Notice. If you have an uestions ou nrieV call the Penns I ania Housing Finance Agency toll free at 1-1300-342-2397 (persons with Impaired hearing can call (717) 780-1e89). 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, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN EP GMNCP19-07 PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 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: s IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, s IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND : IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --Under the Act, you are entitled to 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-faoe meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 oAVC meet!pg The na'TM'?? and telephone n ?mhers ofd-c -+ the county in which the property to ted re ep+ -y-'g?Q" consumer cr?aaH counseling aaa ? c rnr one face- to-face meeting. Advise your lender immediately of your intentions. It is only necessary to schedule APPLICATION FOR '?RTCAG ASSISTA Cg -.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 Penns ylvan i a Ho using Fi na n ce A ncy ge has sixty (80) 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. November 05, 2007 Loan Number: 0115353021 NF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THLOWING P ART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If You .I filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring It up to date). NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on our 308 COLLEGE HILL ROAD, ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because: dy located at: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 09/01/07thru 11/01107 Minimum Payments plus late charge or other fees: $2183.97 Minimum Amount to Cure Default: $2163.97 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): WA lvu , ?.urre I nr iFF- "' ---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 $2163.97 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either b cash cashier's check certified check or money order made payable and sent to: Ciii Residential Lending P.O. Box 5928 Carol Stream, IL 80197-5928 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.) WA Nof YOU DO NOT r?I IQC ruG r,G?? I ?1 --If you do not cure the default within THIRTY (30) DAYS of the date of this ,lb!p lender intends to exercise i rights to a.,oale?•?• the modnge 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 toforeclose upon your mortgaga . IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender 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 cure the default within the THIRTY (30) DAY Period- You will not be required to pat attorney's fees. OTHER LENDER R MFQIEc -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHTTO CURE THE D FAULT PRIOR TO SHERir Sot - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and 12revent the sale at any time up to one hour before the Sheriffs Sale You may do so paying the minimum amount then cast due us an late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and an other costs connected with the Sheriffs Sale ass cified in writi the lender gnu by oeformina any other M sir a under . Curing your default in the manner set forth in this notice will restore your mortgage to the same position as If you had never defaulted. Emame"sm EARLIEST POSSIBLE SHERIFF'S SALE DATE-- h 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 course, the amount needed to cure the default will increase the longer you wait. You may find out at anytime exactly what the required payment or action will be by contacting the lender. HOW 1O CONTACTTHE LENDER: CHI Residential Lending PO Box 11000 Santa Ana, CA 92711-1000 Phone Number 800-430-5282 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE --You 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: s TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. 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) 589-4287 or TDD (800) 877-8339. Citi Residential Lending Cc: Citi Residential Lending Attn: Collections Department Loan Number: 0115353021 Mailed by 1st Class Mail and by Certified Mail ummNWIS-W 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 APA0410C"2-09 Exhibit C • • Prepared By:Ameriquest Mortgage Company Susan Miller 150 Corporate Center Drive, Suite 102,Camp Hill, PA 170.1 Return To: 6eray oft-fy dw t s is a We anvu=ent' oof theongm Ameriquest Mortgage Company P.O. Box 11507, Santa Ana, CA 92711 Parcel Number: %$ 09-12-2992-061 [Space Above Thy IJne For Recording Data] MORTGAGE •DEFINTTIONS Words used in mu]tiple sections of this document are defined below and other words are defined in Sections 11, 13, 18 20 ?d 21. Certain rules regarding the usage of words used in this docum Section 19. M ent are also provided (A) "Security Instrument" means this document, which is dated April 7, 2005 together with all Riders to this document. (B) "Borrower" is DANIEL $ ANGELOFF AND VIOLET L ANGELOFF, HUgBAND AND wIrE Borrower is the mortgagorunder ibis SecurityInstrument. (C) "Lender"is Ameriquest mortgage Company PENNSYLVANIA - Single Family - Fannie MaelFreddle Mee UNIFORM INSTRUMENT 04/07/2005 11:22:09 Fwmaoaa not 0115353021-5697 AM6PA (an I? , ' Pass 10(18 wwk, I11 VMP M0","9e -^kXb-. 1-- (e W2taseJ 00000175353021030150171)f J) A BY SIGMNG BEIAW Borrower accepts and agrees to the teams and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it Witnesses: {?? (Seal) Violet L Aungelof -Borrower t-1,C?. }L+Ll; /??• ?..'l ;, v: '_ (Seal -Borrower _ (Seal) -Borrowerr - (Seal) -Borrower - (Sean -Borrower - (Seal) -Borrower - (Seal) -Bormwor (Seal) -Bormwor AM6PA (ao>) 04/07/2005 11:22:09 p+m.lsoris Form 3039 1101 OI1535302I-5697 11291:?? 30 #I?AP?r l?l 1501715 00 Ra, O r L .C n SHERIFF'S RETURN - REGULAR CASE NO: 2008-00411 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ANGELOFF DANIEL K ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ANGELOFF DANIEL K the DEFENDANT , at 1554:00 HOURS, on the 18th day of January , 2008 at 306 COLLEGE HILL ROAD ENOLA. PA 17025 by handing to VIOLET ANGELOFF, WIFE 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 18.00 Service 14.40 Postage .58 Surcharge 10.00 .00 42.98 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/22/2008 RICHARD SQUIRE By: , Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00411 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ANGELOFF DANIEL K ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ANGELOFF VIOLET L the DEFENDANT , at 1554:00 HOURS, on the 18th day of January , 2008 at 306 COLLEGE HILL ROAD ENOLA, PA 17025 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 ?? slo P .00 16.00- Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline r 01/22/2008 RICHARD SQUIRE By Deputy Sheriff 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, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Series 2005-R5 PLAINTIFF, V. Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 NO 2008-00411 CIVIL ACTION DEFENDANTS. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Angeloff, Violet L. & Daniel K., 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 $58,380.96 Interest from 01/14/2008 to 02/22/2008 538.98 TOTAL $58,919.94 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 0 14, / ")J Ri and M. Squire, Esqu' Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: 02 02 Dg / /11". "1.; 4 4 s OTHONOTARY. ?K8 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, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 PLAINTIFF, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 2008-00411 CIVIL ACTION Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS. 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 Defendants 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 Defendants Angeloff, Violet L. & Daniel K. are over 18 years of age and reside at 306 College Hill Road, Enola, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Zo?? 16't Z", W4 JE Richard M. Squire, s re 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 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, PLAINTIFF, V. Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS. TO: Daniel K Angeloff 306 College Hill Road Enola PA 17025 DATE OF NOTICE: February 12.2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2008-00411 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 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 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, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, PLAINTIFF, V. Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS. TO: Violet L Angeloff 306 College Hill Road Enola PA 17025 DATE OF NOTICE: February 12.2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2008-00411 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 MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE T F 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 o :e t r-ZI c:. a C,..3 . ? ? t t Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PAA 17013-3387 717-240-6195 Date Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 PLAINTIFF, V. Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS. NOTICE TO: Daniel K Angeloff 306 College Hill Road Enola, PA 17025 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on /?5/pQ , a judgment(decree)(order) was entered against you in this office in the r proceeding as indicated above. 01 " t 1. -. I P S Prothonotary Deputy Prothonotary Date Mailed: 'a'Idala Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PAA 17013-3387 717-240-6195 Date Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 PLAINTIFF, V. Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS. NOTICE TO: Violet L Angeloff 306 College Hill Road Enola, PA 17025 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on ??, /os , a judgment(decree)(order) was entered against you in this office in the proceeding as indicated above. Lia C. Cvxa Prothonotary a 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 Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 PLAINTIFF, V. Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00411 CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: Issue Writ of Execution in the above matter. Amount Due $58,919.94 Interest From 02/23/2008 to 9/3/2008 $ 2,667.26 @ $13.82 per diem $61,587.20 * plus fees and costs Dated ?X A ey for Plaintiff(s) F: \Clients\Ameriquest\AngeloffU58F\Writ.4.28.2008.wpdPM .? O O 00 O 0 N 0 U O Q wO? a a O w 0 0u x H Z- F a? CA d a? 0 U U V] U bA cd to t O ti U a' ? U ° o ? O ? y N cl V) ?U Q cd ? a U E-y ° U CIS ?i 0 z N a? Q 73 O N p -- O d b ° a to o U > c W Q p M 00 0 0 Z U W ? OU w w cd w c a? rl W cv? b a a ? p o0 L °° 00 Ww c?o°,? 5 n Q .- N «i 5QA. ww w a? °O w a 00 0 0 N N R L 3 y ? ? ow0 j c O p too Q d = r.? l ! = g 7 U C ° w 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 IN THE COURT OF COMMON PLEAS Trustee, in trust for the registered holders of :CUMBERLAND COUNTY, Ameriquest Mortgage Securities Inc., :PENNSYLVANIA Asset-Backed Pass-Through Certificates, Series 2005-R5 PLAINTIFF, V. N02008-00411 CIVIL ACTION Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS. 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 unsworn falsification to authorities. Date: qLlail- t M. X y Freedman, Esquire A o ey for Plaintiff r.. u 4 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, IN THE COURT OF COMMON PLEAS as Trustee, in trust for the registered CUMBERLAND COUNTY, PENNSYLVANIA holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 PLAINTIFF, V. Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS. NO. 2008-00411 CIVIL ACTION MORTGAGE FORECLOSURE 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: 306 College Hill Road Enola, PA 17025 Date: April 28, 2008 Freedman, Esquire for Plaintiff N c; t, 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, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 PLAINTIFF, V. Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00411 CIVIL ACTION MORTGAGE FORECLOSURE 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 Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that Defendants are over 18 years of age and reside at 306 College Hill Road, Enola, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: April 28, 2008 . Troy Freedman, Esquire Attorney for Plaintiff " rO w P 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, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 PLAINTIFF, V. Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00411 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, 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 306 College Hill Road, Enola, PA 17025: Name and last known address of Owner(s) or Reputed Owner(s): Daniel K. Angeloff, 306 College Hill Road, Enola, PA 17025 Violet L. Angeloff, 306 College Hill Road, Enola, PA 17025 2. Name and last known address of Defendant(s) in the judgment: Daniel K. Angeloff, 306 College Hill Road, Enola, PA 17025 Violet L. Angeloff, 306 College Hill Road, Enola, PA 17025 F: \Clients\Ameriquest\Angelof058F\Writ.4.28.2008.wpd • .% 3 4. 5. 6 7 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 Trust Company 10801 6 h Street, Suite 130 Rancho Cucamonga, CA 91730 Name and address of last recorded holder of every mortgage of record: Housing Authority of Cumberland County 114 North Hanover Street, Suite 104 Carlisle, PA 17013 Ameriquest Mortgage Company 10801 6t' Street, Suite 130 Rancho Cucamonga, CA 91730 Name and address of every other person who has any record lien on the property: None other. 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 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 306 College Hill Road Enola, PA 17025 F:\Clients\Ameriquest\AngeloffD58F\Writ.4.28.2008.wpd 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. y Freedman, Esquire 11 est Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff Date: April 28, 2008 F:\Clients Wmeriquest\Ange]offD58F\Writ.4.28.2008.wpd ^? t=%?1 {,?.. " 1? ,?; ?^"• t+F? {;, ?Z ?_? ?? ".,k yl n ".-,:. {' `.f ? , 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, IN THE COURT OF COMMON PLEAS as Trustee, in trust for the registered CUMBERLAND COUNTY, PENNSYLVANIA holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series NO. 2008-00411 2005-R5 PLAINTIFF, € CIVIL ACTION V. MORTGAGE FORECLOSURE Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Daniel K Angeloff 306 College Hill Road Enola, PA 17025 Your house (real estate) at 306 College Hill Road, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on September 3, 2008 at 10:00 a.m., at the Cumberland County Courthouse, 1 Courthouse Square , Carlisle, PA 17013 to enforce the court judgment of $58,919.94 plus interest to the sale date obtained by Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE F: \Clients\Ameriquest\Angelof1U58F\Writ.4.28.2008.wpdPM 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, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, 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 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. 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 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. F:\Clients\Ameriquest\Angeloff058F\Writ.4,28.2008.wpdPM 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\AngelofT058F\W rit.4.28.2008.wpdpM 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, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 PLAINTIFF, V. Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00411 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Violet L Angeloff 306 College Hill Road Enola, PA 17025 Your house (real estate) at 306 College Hill Road, Enola, PA 17025 is scheduled to be sold at Sheriff s Sale on September 3, 2008 at 10:00 a.m., at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $58,919.94 plus interest to the sale date obtained by Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE F:\Clients\Ameriquest4Angeloff058F\Writ.4.28.2008.wpdPM 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, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, 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. 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. F:\Clients\Ameriquest\MgeloffU58F\Writ.4.28.2008.wpdPM 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\AngeloffD58F\Writ.4.28.2008.wpdPM 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, IN THE COURT OF COMMON PLEAS as Trustee, in trust for the registered CUMBERLAND COUNTY, PENNSYLVANIA holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series NO. 2008-00411 2005-R5 PLAINTIFF, CIVIL ACTION V. MORTGAGE FORECLOSURE Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS. Date: April 28, 2008 To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Angeloff, Violet L. & Daniel K. PROPERTY: 306 College Hill Road Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale, on September 3, 2008 at 10:00 a.m., at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-411 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, in trust for the registered holders of AMERIQUEST MORTGAGE SECURITIES INC., ASSE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R5, Plaintiff (s) From DANIEL K. ANGELOFF and VIOLET L. ANGELOFF (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 $58,919.94 L.L.$ 0.50 Interest from 2/23/08 to 9/03/08 @ $13.82 per diem *plus fees and costs - $2,667.26 Atty's Comm % Due Prothy $2.00 Atty Paid $177.98 Other Costs Plaintiff Paid Date: 4/29/08 _Az othonotary(Seal) By: REQUESTING PARTY: Name: M. TROY FREEDMAN, 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. 85165 Deputy 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, IN THE COURT OF COMMON PLEAS as Trustee, in trust for the registered CUMBERLAND COUNTY, PENNSYLVANIA holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series DOCKET NO. 2008-00411 2005-R5, PLAINTIFF, CIVIL ACTION V. MORTGAGE FORECLOSURE Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025, DEFENDANTS. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, 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 306 College Hill Road, Enola, PA 17025: 1. Name and last known address of Owner(s) or Reputed Owner(s): Daniel K. Angeloff, 306 College Hill Road, Enola, PA 17025 Violet L. Angeloff, 306 College Hill Road, Enola, PA 17025 2. Name and last known address of Defendant(s) in the judgment: Daniel K. Angeloff, 306 College Hill Road, Enola, PA 17025 Violet L. Angeloff, 306 College Hill Road, Enola, PA 17025 F;\Clients\A eriquest\AngelofFO58nWrit.4.28.2008.wpd 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 6`h Street, Suite 130 Trust Company Rancho Cucamonga, CA 91730 East Pennsboro Township 98 South Enola Drive Enola, PA 17025 4. Name and address of last recorded holder of every mortgage of record: Housing Authority of 114 North Hanover Street, Suite 104 Cumberland County Carlisle, PA 17013 Housing Authority of 114 North Hanover Street Cumberland County Carlisle, PA 17013 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 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 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 306 College Hill Road F:\Clients\Ameriquest\AngeloffD58F\Writ.4.28.2008. wpd T Enola, PA 17025 North Star Capital Acquisition LLC c/o David J. Apothaker, Esquire Apothaker & Associates, PC 520 Fellowship Road, C306 Mt. Laurel, NJ 08054 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: May 8, 2008 F:\ClientsWmeriquest\Angeloff058F\Writ.4.28.2008. wpd n -St -r? r _ P * Deutsche Bank National Trust Company, as In the Court of Common Pleas of Trustee, in Trust for the Registered Holders of Cumberland County, Pennsylvania Ameriquest Mortgage Securities Inc., Asset- Writ No. 2008-411 Civil Term Backed Pass-Through Certificates Series 2005-R5 VS Daniel K. Angeloff and Violet L. Angeloff William Cline, Deputy Sheriff, who being duly sworn according to law, states that on. May 29, 2008 at 1919 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: Daniel K. Angeloff and Violet L. Angeloff, by making known unto Violet Angeloff personally and for Daniel K. Angeloff, at 306 College Hill Road, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 16, 2008 at 1740 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 Daniel K. Angeloff and Violet L. Angeloff located at 306 College Hill Road, Enola, 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: Daniel K. Angeloff and Violet L. Angeloff by regular mail to their last known address of 306 College Hill Road, Enola, PA 17025. These letters were mailed under the date of July 14, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Richard M. Squire. Sheriff's Costs: Docketing 30.00 Poundage 18.41 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 30.00 Levy 15.00 Surcharge 30.00 Law Journal 383.00 Patriot News 382.22 Share of Bills 17.64 77 ? ??b 3/6 C $ 938 p . . So Answ rs:.. R. Thomas Kline, Sheriff BY Oj t ?y` (. 5 G o'7 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, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 PLAINTIFF, V. Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00411 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, 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 306 College Hill Road, Enola, PA 17025: 1. Name and last known address of Owner(s) or Reputed Owner(s): Daniel K. Angeloff, 306 College Hill Road, Enola, PA 17025 Violet L. Angeloff, 306 College Hill Road, Enola, PA 17025 2. Name and last known address of Defendant(s) in the judgment: Daniel K. Angeloff, 306 College Hill Road, Enola, PA 17025 Violet L. Angeioff, 306 College Hill Road, Enola, PA 17025 F:\Clients\Ameriquest\AngeloftD58F\Writ.4.28.2008.wpd r 3 4. 5 6. 7 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 Trust Company 10801 6' Street, Suite 130 Rancho Cucamonga, CA 91730 Name and address of last recorded holder of every mortgage of record: Housing Authority of Cumberland County 114 North Hanover Street, Suite 104 Carlisle, PA 17013 Ameriquest Mortgage Company 108016" Street, Suite 130 Rancho Cucamonga, CA 91730 Name and address of every other person who has any record lien on the property: None other. 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 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 306 College Hill Road Enola, PA 17025 F:\Clients\Ameriquest\Angelof D58F\Writ.4.28.2008.wpd 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. y Freedman, Esquire 11 est Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff Date: April 28, 2008 F:\Clients\Ameriquest\AngeloffD58F\Writ.4.28.2008.wpd HELP 1S JUST A PHONE CALL AWAY! Dear Do you want to save your house? Did you know that your mortgage company has a number of programs in place to help you do that? One of the programs is a monthly repayment plan that allows you to catch-up on your-missed payments. Are you in the process of selling your house? Your mortgage company has programs in place to help you do so even if the purchase price will not be enough to fully repay your mortgage. If you would like to discuss these plans, please give us a call immediately at 215-886-8790. Very truly yours, Richard M. Squire & Associates, LLC THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. © 2006 Richard M. Squire & Associates, LLC 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, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00411 PLAINTIFF, CIVIL ACTION V. € MORTGAGE FORECLOSURE Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Violet L Angeloff 306 College Hill Road Enola, PA 17025 Your house (real estate) at 306 College Hill Road, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on September 3, 2008 at 10:00 a.m., at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $58,919.94 plus interest to the sale date obtained by Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE F: \Clients\Ameriquest\AngeloffD58F\Writ.4.28.2008.wpdPM 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, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, 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 Sheriffs 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. 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 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. F: \Clients\Ameriquest\Angeloffb58F\Writ.4.28.2008.wpdPM 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\Angelof D58F\Writ.4.28.2008.wpdPM HELP /S JUST A PHONE CALLA WAY! Dear Do you want to save your house? Did you know that your mortgage company has a number of programs in place to help you do that? One of the programs is a monthly repayment plan that allows you to catch up on your-missed payments. Are you in the process of selling your house? Your mortgage company has programs in place to help you do so even if the purchase price will not be enough to fully repay your mortgage. If you would like to discuss these plans, please give us a call immediately at 215-886-8790. Very truly yours, Richard M. Squire & Associates, LLC THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 0 2006 Richard M. Squire & Associates, LLC f ' OMNI a 3 ?{ 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, IN THE COURT OF COMMON PLEAS as Trustee, in trust for the registered CUMBERLAND COUNTY, PENNSYLVANIA holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series NO. 2008-00411 2005-R5 PLAINTIFF, CIVIL ACTION V. MORTGAGE FORECLOSURE Daniel K. Angeloff Violet L. Angeloff 306 College Hill Road Enola, PA 17025 DEFENDANTS. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Daniel K Angeloff 306 College Hill Road Enola, PA 17025 Your house (real estate) at 306 College Hill Road, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on September 3, 2008 at 10:00 a.m., at the Cumberland County Courthouse, 1 Courthouse Square , Carlisle, PA 17013 to enforce the court judgment of $58,919.94 plus interest to the sale date obtained by Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE F: \Clients\Ameriquest\AngeloffD58F\Writ.4.28.2008.wpdPM 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, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, 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. 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. 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. F: \ClientslAmeriquest\Angeloff058F\Writ.4.28.2008.wpdPM 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: \ClientslAmeriquest\AngeloffO58F\Writ.4.28.2008. wpdPM LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land located in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of D. P. Raffensperger, R.S., dated December 5, 1977, as follows: BEGINNING at a point the intersection of the Southeasterly line of College Hill Road (formerly known as Louis Lane, North) and the Southwesterly line of Arnold Road; thence South 46 degrees 00 minutes East along the Southwesterly line of Arnold Road 88.27 feet to a point at the dividing line between. Lots No. 80 and 81 on hereinafter mentioned Plan of Lots; thence South 44 degrees 00 minutes West along same 77.59 feet to a point at the dividing line between Lots Nos. 79 and 80 on said Plan; thence North 46 degrees 00 minutes West along same 94.96 feet to a point on the Southeasterly line of College Hill Road; thence Northeastwardly along same being an arc of curve to the right having a radius of 453.60 feet 77.98 feet to a point, the place of BEGINNING. BEING Lot No. 80 on Plan of lots known as Section 1, Louis Park, recorded in Plan Book 5, Page 50, Cumberland Records. BEING known as 306 College Hill Road, Enola, PA 17025. BEING Parcel No. 09-12-2992-061. BEING the same premises which Housing Authority of the County of Cumberland granted and conveyed unto Daniel K. Angeloff and Violet L. Angeloff, husband and wife, by Deed dated April 15, 1996 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 137, page 1055. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08411 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, in trust for the registered holders of AMERIQUEST MORTGAGE SECURITIES INC., ASSE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R5, Plaintiff (s) From DANIEL K. ANGELOFF and VIOLET L. ANGELOFF (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 $58,919.94 L.L.$ 0.50 Interest from 2/23/08 to 9/03/08 @ $13.82 per diem *plus fees and costs - $2,667.26 Atty's Comm % Atty Paid $177.98 Due Prothy $2.00 Other Costs Plaintiff Paid Date: 4/29/08 A. A?p 1:5:z "ZA&SC Pr onotary (Seal) By: REQUESTING PARTY: Name: M. TROY FREEDMAN, 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. 85165 Deputy JUL'ORIaS a ls? 1?a2? 7TIA4 8002 `OZ l(twalua dAft •uta?au palI.zo(zoaui aaua.zajai sigl Xq puu li.inn sigl Minn palg # «V„ llq!gxg uo pagposap Xllnj wow uloug `pto-d 1111i a2alloD 90£ su pwagwnu puu unnou}I vd `)clunoD purpagwnD `digsunnoZ ojogsuuad lstg ut palvnlis.Kvado id luaa aql ui lsaaalui s , lutpuapp atp uodn painal Jjl lQgS aql 8002 `OZ .?VW uO bi7# altS alElsa JVMd " *" d 0? ddd 8001 V6 1, " the Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*otwXtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06108 Sworn to Notary 008 A. D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Pubic City OF Harrisburg; Dauphin County My Con nission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Rant Gatab Mob Ph% 44 Wiit*okSW0 rtl CtATl,rart DaulochAan` IrHMortalThhd Company, as ThMse, in bug for #W rsgf "Md hold" of Atnerkpost Mw %p" Socufftles Inc., Asset:436cl od Power Through CarWoofts seeders 2O05AS VS Daniel K. Ar4W&ff and Vioht L Angsloff MMrmy RMnrd Squire LEGAL t RlfMON ALLTHAT CERTAIN tract or parcel of land located m East Pennsbaso Township, Cumberland County, Potsasylvama, more particniacly bormdid and dasenhed according to a survey of D. P. RalkospeW, RS., dated December 5,1977, as follows: BEGIIINMIG at a point the intersection of the Southeasterly line of College fill Road (formerly known as Loins 12no, North) and the Savthwev line of Amid Road, thence South 46 degrees 00 minutes East *ag the Southwesterly line of Arnold Road 8827 fed to a point at die dividing lire between. Lots No. 80 and 81 on l mentioned Plan of Lots; thence South 44 degrees 00 mmutes West along same 77.54 feet to a pone at the dividing line between LOU Nos. 79 and 80 on said Plan; thence North 46 degrees 00 routes West along same 94:96 feettD a point on the Southeasterly line of College 1Lit1 Mil 00 18104 *A$ t+itir #cs: of jtwi feet 77.lttfW*4m6 qI&W , 14 10 at Phm of leer known as Section 1, Louis Park; recorded in Mn Book 5, pap x Cumberland Reourds. BEING known as 306 College M Road; Enola, PA17025. BEING Pared No. 09-12-29W,061. BEING the same premises which Housing Authority of the CouWyof Cun berlaudgranted and conveyed unto Daniel K Angemff and Atolet L. AWdof f husband and wife, by Deed dated April 15, M and recorded in the Office of the Recorder of Deeds of Cumberland "ounty, Pennsylvania, m Deed Book Volume 1:37, page 1055. 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: July 18, July 25, and August 1, 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. ,? / Marie Co , Editor SWORN TO AND SUBSCRIBED before me this 1 day of August, 2008 r-2z Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Pub c CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 I8L UTATTS 9AL3 NO. 44 Writ No. 2008-411 Civil Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates Series 2005-R5 vs. Daniel K. Angeloff and Violet L. Angeloff Atty.: Richard Squire LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land located in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of D. P. Raffensperger. R.S., dated December 5, 1977, as follows: BEGINNING at a point the inter- section of the Southeasterly line of Cole Hill Road (formerly known as Louis Lane, North) and the South- westerly line of Arnold Road; thence South 46 degrees 00 minutes East along the Southwesterly line of Ar- nold Road 88.27 feet to a point at the dividing line between. Lot No. 80 and 81 on hereinafter mentioned Plan of Lots; thence South 44 degrees 00 minutes West along same 77.59 feet to a point at the dividing line between Lots Nos. 79 and 80 on said Plan; thence North 46 degrees 00 minutes West along same 94.96 feet to a point on the Southeasterly line of College Hill Road; thence Northeastwardly along same being an are of curve to the right having a radius of 453.60 feet 77.98 feet to a point, the place of BEGINNING. BEING Lot No. 80 on Plan of lots known as Section 1, Louis Park, recorded in Plan Book 5, Page 50, Cumberland Records. BEING known as 306 College Hill Road, Enola, PA 17025. BEING Parcel No. 09-12-2992- 061. BEING the same premises which Housing Authority of the County of Cumberland granted and conveyed unto Daniel K. Angeloff and Violet L. Angeloff, husband and wife, by Deed dated April 15, 1996 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 137, page 1 nSrl