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HomeMy WebLinkAbout08-4007v 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-R11, PLAINTIFF, V. Celice Ann Horn Ricky Lee Horn 209 Longs Gap Rd. Carlisle, PA 17013 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 0-- *61 cfi,ir( 4trA.- 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 RAN 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 demands 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 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 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-R11, PLAINTIFF, V. Celice Ann Horn Ricky Lee Horn 209 Longs Gap Rd. Carlisle, PA 17013 DEFENDANTS. 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-R11, by and through its undersigned attorney, Richard M. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: 1. 2. 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-R11 ('Plaintiff'), is a corporation with its principal place of business at 10801 6th Street, Suite 130 Rancho Cucamonga CA 91730. Defendants, Celice Ann Horn and Ricky Lee Horn, are the real owners, mortgagors, and grantees in the last Deed of record to the real property located at 209 Longs Gap Rd. Carlisle, PA 17013 (hereinafter referred to as 'Premises"). Defendants reside at 209 Longs Gap Rd. Carlisle, PA 17013. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 6 F, yd D 7 C h/r T e<At CIVIL ACTION 3. On 09/30/2005 Defendants, Celice Ann Horn and Ricky Lee Horn, 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, in Mortgage Book Vol. 1931, Page 5162, and is incorporated herein by reference by virtue of Pa. R.C.P. §1019(g). See Exhibit "A" 4. The plaintiff is in receipt of an executed assignment, which has been sent for recording. See Exhibit "B" 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 "C" attached hereto and incorporated herein by reference. The address of the Premises is 209 Longs Gap Rd., Carlisle, PA 17013. 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 03/01/2008 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 June 24, 2008: Principal $149,170.44 Accrued Interest through June 24, 2008 $3,216.55 Late Charges $200.00 Corporate Advance $53.75 Escrow Advance $329.75 Attorney's Fees $7,458.52 TOTAL 160 429.01 plus costs, per diem interest at the rate of $27.97 for each day after June 24, 2008, until the entry of judgment, and per diem interest subsequent to the entry of judgment. 10. Plaintiff has demanded the total amount due from Defendants, but Defendants have failed and/or refused to pay the same. 11. 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 Defendants via simultaneous regular mail postage prepaid and certified mail return receipt requested on 5/2/2008. A true and correct copy of the Act 91 Notice is attached hereto and marked as Exhibit "D" 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, Celice Ann Horn and Ricky Lee Horn, for foreclosure and sale of the Premises in the amounts due as set forth in Paragraph 9, namely $160,429.01, 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: June 24, 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 A 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. i J 011 e? Ri hard M. Squire, Esquire Attorney for Plaintiff Date: June 24, 2008 EXHIBIT "A" MORTGAGE 44?-?9t Prepared By:Amer l quest Mortgage Company Susan Miller 150 Corporate Center Drive, A102,Camp Hill, PA 17011 Return To: Ameriquest Hortgage Company P.O. Box 11507, Santa Ana, CA 92711 Parcel Number: 29-18-1371-008A SA-an.1l1U't DEFINITIONS U 23 F1? 2 ?3 Premises:209 Longs Gap Road CARLISLE ISimee Above This Line Fur Recording Daul MORTGAGE Words 3. 11,13used , 8,r20 multiple ections of and 21. Certain rules i reg ding the are defined beloiv and other usage of words used in this do omen[ are aallso lprovided in Section 16. (A) "Security Instrument" monk this document, which is dated September 30, 2005 together with all Riders to this document. ' (B) "Borrower" is RICKY LEE HORN AND CELICE ANN HOPN, HIJSRAW Ate UTIFE Borrower is the mortgagor under this Security Instrument. (C)"Lender"is Ameriquest Mortgage Company PENNSYLVANIA - Single Family - Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3039 1101 09/30/2005 8:52:59 0133579003-5697 AMWA 1os a1 0` 1 Pats 1 of 1E Ir-:ab JZLJ??t' VMP Mcrtpape SWworr, Iro. WAA21.72§1 0000013357l00C-0p301801701 S K I 931 PGS 162 BY SIGNING BELOW, Borrower accepts and agrees to the tams and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: /?? Qom- 6' 1C? (Ser) Colic* Ants Ho= -Borroweal OL - (Seal) Ricky Lace Horn -Borrower AMSPA tis?2} 09/30/2005 8:52:59 - (SCd1) -Borrower - (Seal) -Bonvww Pnr it of 10 Fom 3039 1101 0133579003-5697 000011 01335790030301501715 - (Scat) -Bomwer - (Seal) -Dorrower - (Seal) -Borrower (Seal) -Borrower BK1931PGSi76 EXHIBIT "B" ASSIGNMENT OF MORTGAGE G k-i t -- 2:?L-i ?= O?D P-( RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYS AT LAW Richard M. Squire* Montgomery Coun Office M. Troy Freedman Sergio R. Pastor**A One Jenkintown Station • Also Admitted In MD 115 West Avenue Suite 104 **Of Counsel ^Admitted in NJ Jenkintown, PA 19046 Tel.: (215) 886-8790 Fax: (215) 886-8791 www.squirelaw.com Chester County Office 33 South Brick Lane Elverson, PA 19620 Tel.: (610) 913-8442 Fax: (610) 913-6381 Please reply to: Montgomery County Office June 24, 2008 Mr. Robert P. Ziegler, Cumberland County Recorder of Deeds Cumberland County Courthouse TRUE AND One Court Square CORRECT COFy Carlisle, PA 17013-3387 Re: Deutsche Bank National Trust Company, et al v. Celise Ann Horn and Ricky Lee Horn Property Address: 209 Longs Gap Road, Carlisle, PA 17013 Parcel No.: 29-18-1371-008A Dear Mr. Ziegler: This letter is to request that you record the enclosed Assignment of Mortgage on the above referenced property and return the recorded document in the enclosed self-addressed stamped envelope. Please find the enclosed check in the amount of $27.00 as payment for your service. Thank you for your attention to this matter. Please feel free to contact me if you have any questions or concerns regarding this request. Sincerely, Art Salazar, Extension 19 Legal Assistant asalazar@squirelaw.com After Recording Return to: Richard M. Squire & Assoc., LLC 115 West Avenue, Suite 104 Jenkintown, PA 19046 Parcel 29-18-1371-008A ASSIGNMENT OF MORTGAGE COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA Prepared by: Richard M. Squire, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 Phone: (215) 886-8790 Fax: (215) 886-8791 Loan # 0133579003 I do certify that the precise residence of the within named Assignee is: c/o Citi Residential Lending Inc. 10801- 6th Street, Suite 130 Rancho Cucamonga, ?A 91730 Si FOR VALUE RECEIVED, the undersigned, Ameriquest Mortgage Company by Citi Residential Lending Inc., As Attorney In Fact, does hereby grant, bargain, sell, convey, assign and deliver unto 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-R1 l that certain Mortgage/Deed of Trust dated 09/30/2005 executed by Celice Ann Horn and Ricky Lee Horn to Ameriquest Mortgage Company in the original amount of ($153,000.00) One Hundred Fifty Three Thousand Dollars, to the undersigned, which Mortgage is recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Book 1931, Page 5162, on 11/23/2005, together with the debt thereby secured and the note in the original amount therein described and all right, title and interest of the undersigned in and to the land and property conveyed by said Mortgage/Deed of Trust, said premises being situated in the County of Cumberland, Commonwealth of Pennsylvania, and known as: See Exhibit "A" attached hereto for a complete legal description Commonly known as: 209 Longs Gap Road, Carlisle PA 17013 IN WITNESS WHEREOF, the under ' ed has caused this instrument to be executed in its name by its duly authorized officers, on Z 370'7 ATTEST: Ameriquest Mortgage Company, by Citi Ameriquest Mortgage Company, by Citi Residential Lending Inc., As Attorney In Residential Lending Inc., As Attorney In Fact Fact N (e- M jas Tit uthorized Agent Name: Tamara Price Title: Vice President State of California County of San Bernardino 0I' )V?-' before me, personally appeared Tamara Price, Vice President and Maria Baraias, Authorized Agent who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by this/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public `- ROBERT BROADHEAD Commission # 1767410 2 $ .'? Notary Public - California (}Z San Bernardino County S p my comm. F Sep 13, 2011 ASSIGNMENT OF MORTGAGE BETWEEN: AMERIQUEST MORTGAGE COMPANY AND 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-R11 MAIL TO: Richard M. Squire, Esquire Richard M. Squire & Associates, LLC 115 West Ave., Ste. 104 Jenkintown, PA 19046 3 EXHIBIT "A" ALL TW CEILTAM lot d joapd whit *a eta drarsoa et owl Etta oM in w*r* Md&ft To"vi tp, Camtrerk" Styr, how"booh4 bass" sat do"," U tidkwa: SEG'II at a paint on Q414IN& b o of rfgbk d W#y dI.M&`j Gap Road Sid at tiro lnw avatar aaatlt ca Ike 1Wavlas bank e(Co Adop Ud Cra* them fma sdd bqOu6M ,palst In a WoMa b No apprao aalr 190 fem 064a by s am to ft t"W nd !'obwft dw won at Old Lams Inp Rood to a t wmmIlt dlmdn a dbums of M hall basso by not add lit" W" A. sat MOM 5L Owo M6 64 Gras 30 teieaott Fart a e 103 MO ka Mora W Um to dLe WW wacw ,nark v(W WeaMbank. d CooodWw Cre* mace by t& VVpppra but of said ere* loo a S ostbwasttAr Apo s tffiMnae ofR0 tf:s , on or W6 w the phm#13£GflKliT Or 1S IC 1wVvred v ft a we story oum and &me dwdBng beuae ud ibar"aildNW and b ft Prot Na f v &ppmMed tar la a tiaace tar parposes which Alice P. Stine, Widow by deed dated 5/3112002 and recorded 6/312002 in BEING the same premises Cumberland County in book 251 on page 4854 then granted and conveyed to Ricky Lee Horn and Celice Ann Hom, Husband and Wife, in fee. Parcel ID No.: 29-18-1371-0QSA 4 EXHIBIT "C" LEGAL DESCRIPTION SCREDULt C LEGAL DESCRIPTION Commitment Number. SA-06-11707 File Number. SA-05-11707 AM TW s ?! CMA N be of pwpd w$b tip ?)MMNOrili'la tb'n¦s etr?ed lba" In - - wmieip, Cesb"" 0mlr, bawled. Mat d n t"D wL. >Kp UG314N Mt a patst Units 1,1"* U" ar Of L110 of qMe Wea CeM?bMket Circe j GM p am mod d 1 ]ow 1t?6A?i MpprOOrJtoate? 1!t! at" am "AM hodl so a XU*W=V1y Wmdm a dkmkd It ad o oars' "M LOW`s 910 Redd ?. Drr4, Noitle d4 t3?twe ? t?ia'e41$att a ? 1itON ? IbIC old alCli? A, +ae1V ,n'rk vsrtke W baatt CfloodtM G atlM70 Eoet iirmr+e ar ipa tb' Iaw 804ow tar arm** r dbown arson fn o ? MOM by ja to ft ph" balk of:eid pvptc # OBEaDmWa st1C lop wrred whb s we story stow =d Lana 4W1&1 "IfNIMP Plot NO. F ib ??isw kr IahRaaaa to prepow~ !s'o!e Met 46$r ud btjMs BEING the same premises which Alice P. Stine, Widow by deed dated 5/31/2002 and recorded 6/3/2002 in Cumberland County in book 251 on page 4854 then granted and conveyed to Ricky Lee Ham and Celice Ann Hom, Husband and Wife, in fee. Parcel ID No.: 29-18-1371-008A STEWART T-ITLIE BK 193 1 PG5 181 GUARANTY COMPANY EXHIBIT "D" ACT 91 NOTICE(S) P.O. Box 11000 Santa Ana, CA 92711-1000 7182 6389 3060 1229 6577 CELICE ANN HORN NC , NPC RICKY LEE HORN 209 LONGS GAP ROAD CARLISLE, PA 17013 Citi Residential Lending May 02, 2008 ACT 91 NOTICE Cltl 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 espanol Ilame a su prestamista. STATEMENTS OF POLICY Loan Number: 0133579003 Property Address: 209 LONGS GAP ROAD, CARLISLE PA, 17013 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 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 t foreclose. Specific Information about the nature of the default is provided in the attached panes. 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 you when you meet with the Counseling Agency. 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 SOMA IMPORTANCIA, PUES 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 EFM7MCiN-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 FOR f•i OSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --Under the Act, you are entitled to 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. IM MEETING MUSTfH`_cuo WITUINTUC MCYTMn1, nwvn --Ifyou meet with one of the consum r credit counseling a ncv meeting. The names addresses and telephone numbers of designated consumer credit counselingaggin„ies for the county ?n which the is located o set forth at t 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. EFOMMCPN-07 May 02, 2008 Loan Number: 0133579003 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 (Brinait up to date). NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at: 209 LONGS GAP ROAD, CARLISLE, PA 17013 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: 03/01/08 th ru 05/01/08 Minimum Payments plus late charge or other fees: $4809.84 Minimum Amount to Cure Default: $4809.84 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applioable): NIA 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 $4809.84 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Citi Residential Lending 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.) WA 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 mortaeae 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 mortaagg?property. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender 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 reauired to day attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving he minimum amount then past due, plus any late or other charges then due, reasonable attorney'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 Deformma any other regwrements under the -#- e. 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. EF0857MCPJO-07 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 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 TO CONTACTTHE LENDER: Citi Residential Lending PO Box 11000 Santa Ana, CA 9271 1-1 000 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 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: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OFA DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • 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. Citi Residential Lending Cc: Citi Residential Lending Attn: Collections Department Loan Number: 0133579003 Mailed by 1st Class Mail and by Certified Mail EFODWNmP w Homeowner's Emergency Assistance Program Cumberland County Adams Conty Intertiitk Hoaaiag Aatb,, ty 40 E High Street Gettysburg PA 17325 717.334.1518 CCC8 of Wedern PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Commn AeHon (bmmbdon of Captid Region 1514 Derry Street Harrisburg PA 17104 717.232.9757 LoVeaW Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Marnatba 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 APA041MCP/2.05MQ SI 1N15/20W Aoc? c? c w 1c c l r i SHERIFF'S RETURN - REGULAR CASE NO: 2008-04007 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS HORN CELICE ANN ET AL MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HORN CELICE ANN the DEFENDANT , at 0014:42 HOURS, on the 9th day of July 2008 at 209 LONGS GAP ROAD CARLISLE, PA 17013 by handing to CELICE HORN DEFENDANT 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 5.00 Affidavit .00 Surcharge 10.00 .00 33 . 00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/10/2008 RICHARD SQUIRE By: Deputy Sheriff A. D. 4. SHERIFF'S RETURN - REGULAR CASE NO: 2008-04007 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS HORN CELICE ANN ET AL MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HORN RICKY LEE the DEFENDANT , at 0014:42 HOURS, on the 9th day of July 2008 at 209 LONGS GAP ROAD CARLISLE, PA 17013 by handing to CELICE HORN WIFE OF DEFENDANT 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//& /6 Y Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. "Thomas Kline .00 16.00 07/10/2008 RICHARD SQUIRE By: day Deputy Sheriff A. D. 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 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-R11, PLAINTIFF, V. Celice Ann Horn Ricky Lee Horn, DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4007 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE TO THE PROTHONOTARY: Please mark this matter as settled, discontinued and ended without prejudice as to Celice Ann Horn and Ricky Lee Horn upon payment of your costs only. RICHARD M. SQUIRE & ASSOCIATES By: Richard M. Squire, Esq. Attorney for Plaintiff Date: March 6, 2009 7 3 F _: t4J ?