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HomeMy WebLinkAbout08-4845Richard 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 Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3, v. Brian M. Morrow Donna L. Morrow 350 W. Penn St. Carlisle, PA 17013 PLAINTIFF, DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 08- y8qs 0ivi l F em 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 judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim of relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. FAClients\Ameriquest\Monow - 276F\Comp1aint.frmJCI IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\Ameriquest\Morrow - 276F\Comp1aint.frmJCI 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 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 FACHents\AmeriquestWorrow - 276F\Comp1aint.frmJC1 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 Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3, PLAINTIFF, V. Brian M. Morrow Donna L. Morrow 350 W. Penn St. Carlisle, PA 17013 DEFENDANTS. 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 Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3, by and through its undersigned attorney, Richard M. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: 1. Plaintiff, Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 ("Plaintiff'), is a corporation with its principal place of business at 10801 6th Street, Suite 130 Rancho Cucamonga CA 91730. 2. Defendants, Brian M. Morrow and Donna L. Morrow, are the real owners, mortgagers, and grantees in the last Deed of record to the real property located at 350 W. Penn St. Carlisle, PA 17013 (hereinafter referred to as "Premises"). Defendants reside at 350 W. Penn St. Carlisle, PA 17013. 3. On 08/10/2005 Defendants, Brian M. Morrow and Donna L. Morrow, made, executed, and delivered a Mortgage for the benefit of Argent Mortgage Company, LLC 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. 1918, Page 3921, 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 a recorded assignment. 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 350 W. Penn St., 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 04/01/2008 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. 2 8 9. 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. The following amounts are due as of August 4, 2008: Principal $77,419.68 Accrued Interest through August 4, 2008 $2,072.70 Late Charges $239.51 Corporate Advance $11.00 Escrow Advance $406.08 Attorney's Fees $3,870.98 TOTAL $ 84,019.95 10 ll. plus costs, per diem interest at the rate of $16.45 for each day after August 4, 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 have failed and/or refused to pay the same. Notice of Intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sea. (hereinafter collectively referred to as "Act 91 Notice") was mailed to Defendants via simultaneous regular mail postage prepaid and certified mail return receipt requested on 6/3/2008. 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, Brian M. Morrow and Donna L. Morrow, for foreclosure and sale of the Premises in the amounts due as set forth in Paragraph 9, namely $84,019.95, plus costs, per diem interest, and such other relief as this Court deems just and proper. RICHARD M. SQUIRE & ASSOCIATES, LLC By: ZRich-;rd M. Squire 115 est Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 Attorneys for Plaintiff Date: August 4, 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 unsworn falsification to authorities. G Richard M. Squire, Esquire Attorney for Plaintiff Date: August 4, 2008 EXHIBIT "A" LEGAL DESCRIPTION Exhibit A j1H 2005 RUG 15 PM 2 49 Prepared By: Argent Mortgage Company, LLC ReturnTo: Donna Mordica Ar ent Mortgage Company, LLC 2550 Golf Road, East Tower, 10th P.8. Box 5047 F1oor,Rolling Meadows, IL 60008 Rolling Meadows, IL 60008 Parcel Number: 05201798212 DEFINITIONS Above This Line For Recording Data] MORTGAGE Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated August 10, 2005 , together with all Riders to this document. (8)'Borrower"is BRIAN M. MORROW and DONNA L. MORROW, Husband and Wife, as tenants by the entireties Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Argent Mortgage Company, LLC Lenderisa Limited Liability Company 0085729556-9705 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 1101 447 61PAitooosl 08/10/2005 9:09:22 Page 1 of 15 Inrtrels."+"?'?'IV??1 VMP MORTGAGE FORMS-(8001521-7291 d06.01pa M5/2005)Rev.01 BK 1918PG392 I BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with It. Witnesses: (Seal) BRIAN M. MORROW -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) (Seal) -Borrower -Borrower _ (Seal) -Borrower 0085729556-9705 _ (Seal) -Borrower A.t1A-6(PA)(oom Pope 15 of le 08/10/2005 9:09:22 Fonn3039 1/01 (Seal) A L. MORROW -Borrower d06-15pa(05/2005)Rev.01 SK 1918PG3935 Exhibit B After Recording Return to: Richard M. Squire & Assoc., LLC 115 West Avenue, Suite 104 Jenkintown, PA 19046 111111 Jill Jill 1111111111111111111111111111111111 91511224 This Document Recorded Doc Id: 51511224 08/17!2006 Receipt #: 526201 D4 1OPM Rec Fee: 124.50 Doc Code: R Commissioner of Records; City cf Philadelphia ASSIGNMENT OF MORTGAGE COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA 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 #0080592702 I do certify that the precise residence of the within named Assignee is: c/o Ameriquest Mortgage 505 City Parkway West Orange, CW92868 Signed: V FOR VALUE RECEIVED, the undersigned, Ameriquest Mortgage Company by AMC ?Mortgage Services, ulc., as authorized agent, does hereby grant, bargain, sell, convey, assign and deliver unto Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset Backed Pass-Through Certificates, Series 2004-R8 under the Pooling and Servicing Agreement dated as of August 1, 2004, Without Recourse that certain Mortgage/Deed of Trust dated 06/04/2004 executed by Thomas E. Morrow to Ameriquest Mortgage Company in the original amount of ($78,300.00) Seventy-Eight Thousand, Three Hundred dollars, to the undersigned, which Mortgage is recorded in the office of the Recorder of Deeds of Philadelphia County, Pennsylvania, in Book as Instrument No. 50954672 on 06/23/2004, 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 Philadelphia, Commonwealth of Pennsylvania, and known as: See Exhibit "A" attached hereto for a complete legal description Commonly known as: 713 Hoffman St. Philadelphia PA 19148 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed in its name by its duly authorized officers, on ; dle ATTEST: Ameriquest Mortgage Company, by AMC Mortgage Services, Inc., as authorized agent Ameriquest Mortgage Company, by AMC Mortgage Servic, Inc., as authorized agent Name: Tamara Price Title: Authorized Agent State of County of?/C`n Na-me--Jeff Title: Vice 1 Management Default Timeline On -A'17 e i D1t ?' beforeme, Ju???/'?ir?!?y the undersigned notary, personally appeared Tamara Price and Jeff Rivas who acknowledged themselves to be the Authorized Agent and Vice President, respectively, of AMC Mortgage Services, Inc., authorized agent of Ameriquest Mortgage Company, and that they, as such officers, being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation. In witness whereof I hereunto set my hand and official seal. JULIAN MORENO Commission # 1545825 z z ; as Notary Public - California orange County My Comm. Expires Jul 16, 2j Notary Public ASSIGNMENT OF MORTGAGE BETWEEN: AMERIQUEST MORTGAGE COMPANY AND DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-R8, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2004, WITHOUT RECOURSE MAIL TO: Richard M. Squire, Esquire Richard M. Squire & Associates, LLC 115 West Ave., Ste. 104 Jenkintown, PA 19046 . . I lb 4 Order Number: 000524171 (REVISED) Re:I Thomas Morrow 713 Hoffman Street PHILADELPHIA, PA 19148 PHILADELPHIA County EXHIBIT 'A' ALL THAT CERTAIN LOT OR PIECE OF GROUND WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED. SITUATE ON THE NORTH SIDE OF HOFFMAN STREET AT THE DISTANCE OF ONE HUNDRED AND FIFTY-TWO FEET FIVE INCHES WESTWARD FROM THE WEST SIDE OF 7TH STREET IN THE 39TH WARD OF THE CITY OF PHILADELPHIA. CONTAINING IN FRONT AND BREADTH ON THE SAID HOFFMAN STREET FOURTEEN FEET AND EXTENDING OF THAT WIDTH IN LENGTH OR DEPTH NORTHWARD BETWEEN PARALLEL LINES AT RIGHT ANGLES TO THE SAID HOFFMAN STREET FIFTY FEET. 39 3 6th 9 v 0 Exhibit C ALTA LOAN POLICY SCHEDULE A CONTINUED Order No.: 000027162 Policy No.: M-9994-8468907 Legal Description ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the fourth (4th) Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being a 1/4 inch drill hole 6 feet South of the Southern curb line of West Penn Street and 209.85 feet East of the Eastern line of Franklin Street; thence along lands now or formerly of William D. Shultz, South 15 degrees 58 minutes West 120.00 feet to a stake on the Northern side of a 12 foot wide public alley; thence along the Northern side of said public alley North 74 degrees 00 minutes West 44.83 feet to a stake; thence North 15 degrees 58 minutes East 120.00 feet through the partition wall of a concrete block garage and the partition wall of 350 West Penn Street and 352 West Penn Street to a 1/4 inch drill hole, said drill hole located 6 feet South of the Southern curb line of West Penn Street and 165.02 feet East of the Eastern side of Franklin Street; thence South 74 degrees 00 minutes East 44.83 feet to a 1/4 inch drill hole, the place of BEGINNING. HAVING thereon erected a two story frame dwelling house the Eastern portion of which is included herein and frame garage and Eastern half of a concrete block garage; being known and numbered as 350 West Penn Street, Carlisle, Pennsylvania. This policy is invalid unless the insuring provisions and Schedules A and B are attached Stewart Title Guaranty Company Exhibit D P.O. Box Santa Ana1000 CA 9271 1-1000 Citi Residential Lending a ti 7182 6389 3060 1251 5708 June 03, 2008 BRIAN M MORROW 2„ I NMC DONNA L MORROW 350 W PENN STREET CARLISLE, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE AVISO: Este documento explica Como los propietarios de casas pueden evitar perder sus hogares debido a demoras de pagos. Para informacion en espahol Ilame a su prestamista. STATEMENTS OF POLICY Loan Number: 0085729556 Property Address: 350 W PENN STREET, 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 mortaaae on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are 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 PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL 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 1963 (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. THIS CONSUMER CREDIT COUNSELING AGENCIES --If you meet with one of the consumer credit counseling agency listed at the end of this notice the lender may NOT take action ag°instyou for thirty (30) days after the date of this meeting The names addresses and telephone numbers of designated consumercredit counseling agencies for the county in which the property is located are set forth at the end of this Notice. 11 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. EFOW-C-7 June 03, 2008 Loan Number: 0085729556 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 (Brinnit up to date). NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender on your property located at: 350 W PENN STREET, 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: 04/01/08 thru 06/01/08 Minimum Payments plus late charge or other fees: $2966.64 Minimum Amount to Cure Default: $2966.64 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not appliceble):N/A HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2966.64 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 mortgaae 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 mortgaged grog . 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 pay attorney's fees. OTHER LENDER REMEDIES --The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the 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 Sheriffs Sale as specified in writing by the lender and by peforming any other requirements under the mortgage. 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. EMB NCPI 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 92711-1000 Phone Number 800-430.5262 Fax Number 714-347-5037 EFFECT OF SHERIFF'S SALE --You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE --You_ 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. Chi Residential Lending Cc: Ciii Residential Lending Attn: Collections Department Loan Number: 0085729556 Mailed by 1st Class Mail and by Certified Mail Homeowner's Emergency Assistance Program Cumberland County Adams County laterfaith Ho=lag Aithorky 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Weetera PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commteeioa of Captial Aegloa 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveehip, 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 717.780.3940 800.342.2397 MAO 11-12-ObREVISION -1-7 ?- ? -Cok h t o o r) PI.-N r 7), ?. m T v7 _ r C c T SHERIFF'S RETURN - REGULAR CASE NO: 2008-04845 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MORROW BRIAN M ET AL Cumberland County,Pennsylvania, who being duly sworn according to law, MICHELLE GUTSHALL Sheriff or Deputy Sheriff of was served upon says, the within COMPLAINT - MORT FORE MORROW BRIAN M the DEFENDANT , at 0008:46 HOURS, on the 16th day of August 2008 at 350 W PENN ST CARLISLE, PA 17013 by handing to DONNA MORROW SPOUSE 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: So Answers: Docketing Service / 18.00 5.00 Affidavit 00 .00 Surcharge 10.00 R. Thomas Kline .00 33.00 08/19/2008 RICHARD SQUIRE & ASSOCIATES Sworn and Subsci bed to By: ------ before me this day Deputy Sheriff of A.D. r' 10 CASE NO: 2008-04845 P MICHELLE GUTSHALL COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MORROW BRIAN M ET AL MORROW DONNA L Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the DEFENDANT , at 0008:46 HOURS, on the 16th day of August 2008 at 350 W PENN ST CARLISLE, PA 17013 DONNA MORROW SHERIFF'S RETURN - REGULAR Sheriff or Deputy Sheriff of DEFENDANT 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: So Answers: Docketing 6.00 Service ? .00 Affidavit 9/4100 00 Surcharge 10.00 R. 'jkomE-s-Rl'i-n-e-/ .00 16.00 08/19/2008 RICHARD SQUIRE & ASSOCIATES Sworn and Subscibed to By: M before me this day Deputy Sheriff of A. D. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 for Plaintiff Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 PLAINTIFF, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 08-4845 V. Brian M. Morrow Donna L. Morrow 350 W. Penn St. Carlisle, PA 17013 DEFENDANTS. CIVIL ACTION PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Brian M. Morrow and Donna L. Morrow, 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 $84,019.95 Interest from 08/04/2008 to 09/25/08 871.85 TOTAL $849891.80 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. .Michael Troy Freedman Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: P THO Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 for Plaintiff Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 PLAINTIFF, V. Brian M. Morrow Donna L. Morrow 350 W. Penn St. Carlisle, PA 17013 DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 08-4845 CIVIL ACTION VERIFICATION OF NON-MILITARY SERVICE Michael Troy Freedman, 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 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 Brian M. Morrow and Donna L. Morrow are over 18 years of age and reside at 350 W. Penn St., Carlisle, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ael Troy Freedman ttomey 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 Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-4845 PLAINTIFF, V. CIVIL ACTION MORTGAGE FORECLOSURE Brian M. Morrow Donna L. Morrow 350 W. Penn St. Carlisle, PA 17013 DEFENDANTS. TO: Brian M Morrow 350 W. Penn St. Carlisle PA 17013 DATE OF NOTICE: September 11, 2008 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 FAClients\Ameriquest\Morrow - 276F\10 Day Noticempd\JC1 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 FAChents\AmeriquestWorrow - 276F110 Day Notice.wpdUCI 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 Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3, PLAINTIFF, V. Brian M. Morrow Donna L. Morrow 350 W. Penn St. Carlisle, PA 17013 DEFENDANTS. TO: Donna L Morrow 350 W. Penn St. Carlisle PA 17013 DATE OF NOTICE: September 11, 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-4845 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 FAChentsUmeriquestWorrow - 276F\10 Day NoticempdUC1 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 FAClients\AmeriqucstWorrow - 276F110 Day Notice.wpdUC 1 /l\ ?" ?f. V ?? ? ? ? ? ? ?? w (` .. " + y ??? _. - .w ?? _}.. - f'1 ? ?. ?? Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PA 17013-3387 717-240-6195 Date Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 PLAINTIFF, V. Brian M. Morrow Donna L. Morrow 350 W. Penn St. Carlisle, PA 17013 DEFENDANTS. NOTICE TO: Brian M Morrow 350 W. Penn St. Carlisle, PA 17013 Pursuant to re uire ents of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on , a judgment(decree)(order) was entered against you in this office in the proceeding as indicated above. Pro?enot Deputy Prothonotary Date Mailed: Office of the PROTHONOTARY Cumberland County I Courthouse Square Carlisle, PA 17013-3387 717-240-6195 Date Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 PLAINTIFF, V. Brian M. Morrow Donna L. Morrow 350 W. Penn St. Carlisle, PA 17013 DEFENDANTS. NOTICE TO: Donna L Morrow 350 W. Penn St. Carlisle, PA 17013 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on 31 a judgment(decree)(order) was entered against you in this office in the proceeding as indicated above. /?/110 Proth Deputy Prothonotary Date Mailed: 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 IN THE COURT OF COMMON PLEAS TRUST COMPANY, as Trustee, in CUMBERLAND COUNTY, PENNSYLVANIA Trust for the Registered Holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 PLAINTIFF, V. BRIAN M. MORROW DONNA L. MORROW 350 W. Penn Street Carlisle, PA 17013 DEFENDANTS. NO. 08-4845 CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: Issue Writ of Execution in the above matter. Amount Due Interest From 09/25/2008 to 03/04/2009 @ $16.45 per them * plus fees and costs Dated: November 21, 2008 $84,891.80 $2,615.55 $87,507/.^,31 5 / , ,-M. Troy Freedman, Esquire Attorney for Plaintiff FAChents\Ameriquest\Morrow - 276F\Writ Package.wpdAS 00 0 0 U 0 A O? d? a 0 0 O x O y U U va ?o H H a?i cd N'? .?? aria ?o vQ 3?A ?AaU O H U _ W o O v H o ?w 00 U Cu w O 00 Q?Qaww ? w ? Ks orn 5=,?0 ? r a a .o c- N Q -iA- W 6' aC ? u ?? p G G a Py c v ca ? 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 Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 PLAINTIFF, V. BRIAN M. MORROW DONNA L. MORROW 350 W. Penn Street Carlisle, PA 17013 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4845 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset-Backed' Pass-Through Certificates, Series 2005-W3, 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 350 W. Penn Street, Carlisle, PA 17013, Tax Parcel No. 05-20-1798-212: 1. Name and last known address of Owner(s) or Reputed Owner(s): Brian M. Morrow 350 W. Penn Street, Carlisle, PA 17013 Donna L. Morrow 350 W. Penn Street, Carlisle, PA 17013 FAChents\Ameriquest\Monow - 276F\Writ Packagempd 2. Name and last known address of Defendant(s) in the judgment: Brian M. Morrow 350 W. Penn Street, Carlisle, PA 17013 Donna L. Morrow 350 W. Penn Street, Carlisle, PA 17013 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company By its Attorney-in-Fact: Citi Residential Lending Inc. 10801 East 6''' Street, Suite 130 Rancho Cucamonga, Ca 91730 4. Name and address of last recorded holder of every mortgage of record: Argent Mortgage Company, LLC By its Attorney-in-Fact: Citi Residential Lending Inc. 10801 East 6`'' Street, Suite 130 Rancho Cucamonga, Ca 91730 Deutsche Bank National Trust Company By its Attorney-in-Fact: Citi Residential Lending Inc. 10801 East 6' Street, Suite 130 Rancho Cucamonga, Ca 91730 5. Name and address of every other person who has any record lien on the property: None Other. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare Attn : Legal Department Health & Welfare Building P.O. Box 2675 Harrisburg, PA 17105-2675 FAChents\AmeriquestWorrow - 276F\Writ Packagempd Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 Tax Claim Bureau 1 Courthouse Square Cumberland County Carlisle, PA 17013 7. Name and address of very other person of whom the plaintiff has knowledge who has any interest in the prope which may be affected by the sale: Tenant/Occupant 350 W. Penn Street Carlisle, PA 17013 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: ., -'Troy Freedman, Esquire r 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff Date: November 21, 2008 FAChents\Ameriquest\Morrow - 276F\Writ Packagempd' C N CZ) -_ - ? -ter r o -a 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 DEUTSCHE BANK NATIONAL COMPANY, as Trustee, in Trust I Registered Holders of Argent Sect Asset-Backed Pass-Through Certii Series 2005-W3 PLAINTIFF, V. BRIAN M. MORROW DONNA L. MORROW 350 W. Penn Street Carlisle, PA 17013 DEFEND Attorneys for Plaintiff LUST IN THE COURT OF COMMON PLEAS the CUMBERLAND COUNTY, PENNSYLVANIA ies Inc., rtes, € NO. 08-4845 M. Troy Freedman, Esquire, hereby verifies that he is an attorney for the Plaintiff in the above captioned matter, and that the premiss are not subject to the provisions of Act 91 because it is: ( ) An Mortgage CIVIL ACTION MORTGAGE FORECLOSURE ( ) Non-owner occupied ?I ( ) Vacant (X ) Act 91 This certification is made falsification to authorities. Date: November 21, 2008 have been fulfilled to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn fir Troy Freedman, Esquire Attorney for Plaintiff ? ? _ _ ``'?? b .?- :maw,: z=,..?{ ! ?,? ,: t. , . _ tV ?rjf?t C -?1 __...) ? h w= `` `` W a - gyn... ? 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 DEUTSCHE BANK NATIONAL RUST COMPANY, as Trustee, in Trust fo the Registered Holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 i PLAINTIFF, V. BRIAN M. MORROW DONNA L. MORROW 350 W. Penn Street Carlisle, PA 17013 D :E 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: 350 W. Penn Street Carlisle, PA 17013 Date: November 21, 2008 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4845 CIVIL ACTION I?:"Troy Freedman, Esquire ,,```Attorney for Plaintiff N Cy. ° r c r-, - r A ` C 3 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 Attorneys for Plaintiff 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 DEUTSCHE BANK NATIONAL UST COMPANY, as Trustee, in Trust fo the Registered Holders of Argent Sec ties Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 PLAINTIFF, V. BRIAN M. MORROW DONNA L. MORROW 350 W. Penn Street Carlisle, PA 17013 D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4845 CIVIL ACTION MORTGAGE FORECLOSURE M. Troy Freedman, E uire, hereby verifies that he is one of the attorneys for the Plaintiff in the above-captioned matter, and that n information and belief, he has knowledge of the following facts, to wit: (a) that the Defendant 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 350 W. Penn Street, Carlisle, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: November 21, 2008 Troy Freedman, Esquire ?, Attorney for Plaintiff ' a ' i~ ? 3 tv 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) 886-8 91 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee, i Trust for the Registered Holders o. Argent Securities Inc., Asset-Back Pass-Through Certificates, Series 2005-W3 PLAINTIFF W. Penn Street, Carlisle, PA 17013 is scheduled to be sold at Sheriff s MORTGAGE FORECLOSURE V. BRIAN M. MORROW DONNA L. MORROW 350 W. Penn Street Carlisle, PA 17013 TO: Brian M Morrow 350 W. Penn Street Carlisle, PA 17013 Your house (real estate) at 3 Sale on Square, Carlisle, PA 17013 to obtained by Deutsche Bank N Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4845 CIVIL ACTION the Cumberland County Courthouse, 1 Courthouse the court judgment of $84,891.80 plus interest to the sale date Trust Company, as Trustee, in Trust for the Registered Holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 against you. FAClients\Ameriquest\Morrow - 276F\Writ PackagempcAS NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be can9eled if you pay back to Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3, 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 shop 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 s p the sale through other legal proceedings. You may need an attorney toiassert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 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 ever 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. FAChents\AmeriquestWorrow - 276F\Writ PackagempdAS 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cuinberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 ' 17-249-3166 and 800-990-9108 FAClientsUmeriquestWorrow - 276F\Writ Packagemp? s i i LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the fourth (41) Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: i BEGINNING at a point, said point b ing a 1 /4 inch drill hole 6 feet South of the Southern curb line of West Penn Street and 209.85 feet East oft e Eastern line of Franklin Street; thence along lands now or formerly of William D. Shultz, South 15 degrees 58 minutes West 120.00 feet to a stake on the Northern side of a 12 foot wide public alley; thence along t e Northern side of said public alley North 74 degrees 00 minutes West 44.83 feet to a stake; thence North 1 degrees 58 minutes East 120.00 feet through the partition wall of a concrete block garage and the partition wall of 350 West Penn Street and 352 West Penn Street to a 1/4 inch drill hole, said drill hole located 6 fe' t South of the Southern curb line of West Penn Street and 165.02 feet East of the Eastern side of Franklin Street; thence South 74 degrees 00 minutes East 44.83 feet to a 1/4 inch drill hole, the place of BEGINNING HAVING thereon erected a two story frame dwelling house the Eastern portion of which is included herein and frame garage and Eastern half o a concrete block garage. BEING known and numbered as 350 West Penn Street, Carlisle, Pennsylvania 17013 TAX PARCEL # 05-20-1798-212 BEING the same premises granted a d conveyed unto Brian M. Morrow and Donna L. Morrow, husband and wife, as tenants by the entireties by Deed from Ronald L. Morrow and Loretta A. Morrow, his wife, dated May 31 ", 1996 and recorded June 10`h, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 140, Page 731. 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee, in Trust for the Registered Holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 PLAINTIFF V. BRIAN M. MORROW DONNA L. MORROW 350 W. Penn Street Carlisle, PA 17013 DEFEND TO: Donna L Morrow 350 W. Penn Street Carlisle, PA 17013 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4845 CIVIL ACTION MORTGAGE FORECLOSURE Your house (real estate) at 35Q W. Penn Street, Carlisle, PA 17013 is scheduled to be sold at Sheriff s Sale on Square, Carlisle, PA 17013 to obtained by Deutsche Bank N Argent Securities Inc., Asset-Backed the Cumberland County Courthouse, 1 Courthouse the court judgment of $84,891.80 plus interest to the sale date Trust Company, as Trustee, in Trust for the Registered Holders of Pass-Through Certificates, Series 2005-W3 against you. FAClients\Ameriquest\Morrow - 276F\Writ Packagemp, s OF OWNER'S RIGHTS To prevent this Sheriffs Sakyou must take immediate action: 1. The sale will be candled if you pay back to Deutsche Bank National Trust Company, as Trustee, in trust f0 the registered holders of Argent Securities Inc., Asset-Backed Pass-Through Certifitges, es, Series 2005-W3, the amount of the judgment plus costs or the back payments, late c costs and reasonable attorneys' fees due. To find out how much you must pay, you m?y 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 T SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff s Sale is of 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. 5. 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 the Sheriff gives a evict you. iin in the property until the full amount due is paid to the Sheriff and to the buyer. At that time, the buyer may bring legal proceedings to FAClients\AmeriquestWorrow - 276F\Writ Package. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriff s Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 FACIients\Ameriquest\Morrow - 276F\Writ Package. S LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the fourth (411) Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being a 1 /4 inch drill hole 6 feet South of the Southern curb line of West Penn Street and 209.85 feet East oft the Eastern line of Franklin Street; thence along lands now or formerly of William D. Shultz, South 15 degrees 58 minutes West 120.00 feet to a stake on the Northern side of a 12 foot wide public alley; thence along the Northern side of said public alley North 74 degrees 00 minutes West 44.83 feet to a stake; thence North 15 degrees 58 minutes East 120.00 feet through the partition wall of a concrete block garage and the partiti n wall of 350 West Penn Street and 352 West Penn Street to a 1/4 inch drill hole, said drill hole located 6 fe t South of the Southern curb line of West Penn Street and 165.02 feet East of the Eastern side of Franklin S reet; thence South 74 degrees 00 minutes East 44.83 feet to a 1/4 inch drill hole, the place of BEGINNING HAVING thereon erected a two story frame dwelling house the Eastern portion of which is included herein and frame garage and Eastern half of a concrete block garage. BEING known and numbered as 350 West Penn Street, Carlisle, Pennsylvania 17013 TAX PARCEL # 05-20-1798-212 BEING the same premises granted and conveyed unto Brian M. Morrow and Donna L. Morrow, husband and wife, as tenants by the entireties, by Deed from Ronald L. Morrow and Loretta A. Morrow, his wife, dated May 31', 1996 and recorded 'June 10`h, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 140, Page 731. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-4845 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY Plaintiff (s) From BRIAN M. MORROW AND DONNA L. MORROW, Defendants (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$84,891.80 L.L.$.50 Interest $2615.55 - FROM 09/25/2008 TO 03/04/2009 @ $16.45 PER DIEM *PLUS FEES AND COSTS Atty's Comm % Atty Paid $168.00 Due Prothy $2.00 Other Costs Plaintiff Paid Date: NOVEMBER 24, 2008 (Seal) C s R. Long, ProVi-o-n"otary By: Deputy REQUESTING PARTY: Name M. TONY FREEDMAN, ESQUIRE Address: ONE JENKINTOWN STATION, SUITE 104,115 WEST AVENUE, JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8790 Supreme Court ID No. 85165 Deutsche Bank National Trust Company VS Brian M. Morrow and Donna L. Morrow In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-4845 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Troy Freedman. Sheriff s Costs: Docketing 30.00 Poundage 273.29 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 9.00 Levy 15.00 Cumberland Law Journal 355.00 Patriot News 275.72 Surcharge 30.00 Share of Bills 15.52 1036.03 ? „t So Answers: e a4w-4e100?1- R. Thomas Kline, Sheriff BY Real Estate Coordinator 60 C ??a :`1€.r.1 Z° TIC 69OZ . Te 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 Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 PLAINTIFF, V. BRIAN M. MORROW DONNA L. MORROW 350 W. Penn Street Carlisle, PA 17013 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4845 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset-Backed Pa-ss-Through Certificates, Series 2005-W3, 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 350 W. Penn Street, Carlisle, PA 17013, Tax Parcel No. 05-20-1798-212: 1. Name and last known address of Owner(s) or Reputed Owner(s): Brian M. Morrow 350 W. Penn Street, Carlisle, PA 17013 Donna L. Morrow 350 W. Penn Street, Carlisle, PA 17013 FAC1ients\Ameriquest\M0ffow - 276RWrit Package.wpd 2. Name and last known address of Defendant(s) in the judgment: Brian M. Morrow 350 W. Penn Street, Carlisle, PA 17013 Donna L. Morrow 350 W. Penn Street, Carlisle, PA 17013 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company By its Attorney-in-Fact: Citi Residential Lending Inc. 10801 East 6"' Street, Suite 130 Rancho Cucamonga, Ca 91730 4. Name and address of last recorded holder of every mortgage of record: Argent Mortgage Company, LLC By its Attorney-in-Fact: Citi Residential Lending Inc. 10801 East 6`h Street, Suite 130 Rancho Cucamonga, Ca 91730 Deutsche Bank National Trust Company By its Attorney-in-Fact: Citi Residential Lending Inc. 10801 East 6' Street, Suite 130 Rancho Cucamonga, Ca 91730 Name and address of every other person who has any record lien on the property: None Other. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare Attn : Legal Department Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 FAClientAAmeriquestWorrow - 276F\Writ Packagempd Domestic Relations Cumberland County Tax Claim Bureau Cumberland County 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 350 W. Penn Street Carlisle, PA 17013 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 unworn falsification to authorities. Richard M. Squire & Associates, LLC Date: November 21, 2008 FAChentsWmLdquestlMorrow - 276RWrit Package.wpd By: M. Troy Freedman, Esquire -' 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee, in Trust for the Registered Holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 PLAINTIFF, V. BRIAN M. MORROW DONNA L. MORROW 350 W. Penn Street Carlisle, PA 17013 DEFENDANTS. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4845 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Donna L Morrow 350 W. Penn Street Carlisle, PA 17013 Your house (real estate) at 350 W. Penn Street, Carlisle, PA 17013 is scheduled to be sold at Sheriff s Sale on Wednesday. March 4. 2009 at 10:00 AM at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $84,891.80 plus interest to the sale date obtained by Deutsche Bank National Trust Company, as Trustee, in Trust for the Registered Holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 against you. FAChentMmeriquest Morrow - 276F\Writ Package.wpdAS NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay back to Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3, 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 Sheriff s Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6195. 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. FAChents\AmeriquestMorrow - 276RWrit Package.wpdAS 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:UientMmeriquestWorrow - 276RWrit PackWmpdAS LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the fourth (411) Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being a 1 /4 inch drill hole 6 feet South of the Southern curb line of west Penn Street and 209.85 feet East of the Eastern line of Franklin Street; thence along lands now or formerly of William D. Shultz, South 15 degrees 58 minutes West 120.00 feet to a stake on the Northern side of a 12 foot wide public alley; thence along the Northern side of said public alley North 74 degrees 00 minutes West 44.83 feet to a stake; thence North 15 degrees 58 minutes East 120.00 feet through the partition wall of a concrete block garage and the partition wall of 350 West Penn Street and 352 West Perm Street to a 1/4 inch drill hole, said drill hole located 6 feet South of the Southern curb line of West Penn Street and 165.02 feet East of the Eastern side of Franklin Street; thence South 74 degrees 00 minutes East 44.83 feet to a 114 inch drill hole, the place of BEGINNING. HAVING thereon erected a two story frame dwelling house the Eastern portion of which is included herein and frame garage and Eastern half of a concrete block garage. BEING known and numbered as 350 West Penn Street, Carlisle, Pennsylvania 17013 TAX PARCEL # 05-20-1798-212 BEING the same premises granted and conveyed unto Brian M. Morrow and Donna L. Morrow, husband and wife, as tenants by the entireties, by Deed from Ronald L. Morrow and Loretta A. Morrow, his wife, dated May 318`, 1996 and recorded June 10", 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 140, Page 731. i Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee, in Trust for the Registered Holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 PLAINTIFF, V. BRIAN M. MORROW DONNA L. MORROW 350 W. Penn Street Carlisle, PA 17013 DEFENDANTS Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 084845 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Brian M Morrow 350 W. Penn Street Carlisle, PA 17013 Your house (real estate) at 350 W. Penn Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday. March 4. 2009 at 10:00 AM at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $84,891.80 plus interest to the sale date obtained by Deutsche Bank National Trust Company, as Trustee, in Trust for the Registered Holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3 against you. FAClientAAmeriquestlMorrow - 276F\Writ Packsp.wpdAS NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3, 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 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 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. FAChents\AmeriquestWorrow - 276RWrit PackapmpdAS 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 FACiientAAmeriquestlMorrow - 276RWrit PackapmpdAS LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the fourth (e) Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being a 1/4 inch drill hole 6 feet South of the Southern curb line of West Penn Street and 209.85 feet East of the Eastern line of Franklin Street; thence along lands now or formerly of William D. Shultz, South 15 degrees 58 minutes West 120.00 feet to a stake on the Northern side of a 12 foot wide public alley; thence along the Northern side of said public alley North 74 degrees 00 minutes West 44.83 feet to a stake; thence North 15 degrees 58 minutes East 120.00 feet through the partition wall of a concrete block garage and the partition wall of 350 West Penn Street and 352 West Penn Street to a 1/4 inch drill hole, said drill hole located 6 feet South of the Southern curb line of West Penn Street and 165.02 feet East of the Eastern side of Franklin Street; thence South 74 degrees 00 minutes East 44.83 feet to a 1 /4 inch drill hole, the place of BEGINNING. HAVING thereon erected a two story frame dwelling house the Eastern portion of which is included herein and frame garage and Eastern half of a concrete block garage. BEING known and numbered as 350 West Penn Street,. Carlisle, Pennsylvania 17013 TAX PARCEL # 05-20-1798-212 BEING the same premises granted and conveyed unto Brian M. Morrow and Donna L. Morrow, husband and wife, as tenants by the entireties, by Deed from Ronald L. Morrow and Loretta A. Morrow, his wife, dated May 31', 1996 and recorded June 10`h, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 140, Page 731. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-4845 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY Plaintiff (s) From BRIAN M. MORROW AND DONNA L. MORROW, Defendants (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$84,891.80 L.L.$.50 Interest $2615.55 - FROM 09/25/2008 TO 03/04/2009 @ $16.45 PER DIEM *PLUS FEES AND COSTS Atty's Comm % Atty Paid $168.00 Plaintiff Paid Date: NOVEMBER 24, 2008 (Seal) Due Prothy $2.00 Other Costs 2Z6?z C is R. Long, N-ronotary By: Deputy REQUESTING PARTY: Name M. TONY FREEDMAN, ESQUIRE Address: ONE JENKINTOWN STATION, SUITE 104,115 WEST AVENUE, JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8790 Supreme Court ID No. 85165 Real Estate Sale #71 On December 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 350 West Penn Street, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 15 20M By: CM Real Es Sergeant 1 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: January 30, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. i ,. 2- a '__' Marie Coyne, Edito SWORN TO AND SUBSCRIBtD before me this C;i 30 day of January 2009 Notary .r? NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 XUL aetmw,,1NYMN I m 71 Writ No. 2008-4845 Civil Deutsche Bank National Trust Company, as Trustee, in Trust for the Registered Holders of Argent Securities Inc., Asset- Backed Pass-Through Certificates, Series 2005-W3 VS. Brian M. Morrow and Donna L. Morrow Atty.: Troy Freedman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erect- ed situate in the fourth (4th) Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being a 1/4 inch drill hole 6 feet South of the Southern curb line of West Penn Street and 209.85 feet East of the Eastern line of Franklin' Street; thence along lands now or formerly of William D. Shultz, South 15 degrees 58 minutes West 120.00 feet to a stake on the Northern side of a 12 foot wide public alley; thence along the Northern side of said public alley North 74 degrees 00 minutes West 44.83 feet to a stake; thence North 15 degrees 58 minutes East' 120.00 feet through the partition wall of a concrete block garage and the partition wall of 350 West Penn Street and 352 West Penn Street to a 1/4 inch drill hole, said drill hole located 6 feet South of the Southern curb line of West Penn Street and 165.02 feet East of the Eastern side of Franklin Street; thence South 74 degrees 00 minutes East 44.83 feet to a 1/4 inch drill hole, the place of BEGINNING. HAVING thereon erected a two story frame dwelling house the Eastern portion of which-is i1111d hw*n ew+d>Y ow savae and CoOmm beef a oancraf 6odC swmp. DWXG known and number" ear 380 West Ptnes Sit, C404k, P r?*aR 17013. PARCEL 1108-20-1"798-212. BEING the same premises granted and conveyed unto Brian M. Morrow and Donna L. Morrow, husband and wife, as tenants by the entireties, by Deed from Ronald L. Morrow and Lo- retta A. Morrow, his wife, dated May 31 st, 1996 and recorded June 10th, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 140, Page 731. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patti* ot-yews 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 REAL ESTATE SALE NO. 71 Writ No. 2008-4845 Civil Term Deutsche Bank National Trust Company, as Trustee, in Trust for the Registered Holders of Argent Securities Inc., Asset Backed Pass-Through Certificates, Series 2005-W3 VS Brian M. Morrow and Donna L. Morrow Attorney Troy Freedman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the fourth (4th) Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being a 1/4 inch drill hole 6 feet-South of the Southern curb line of West Penn Street and 209.85•feet East of the Eastern line of Franklin Street; thence along lands now or formerly of William D. Shultz, South 15 degrees 58 minutes West 120.00 feet to a stake on the Northern side of a 12 foot wide public alley; thence along the Northern side of said public alley North 74 degrees 00 minutes West 44.83 feet to a stake; thence North 15 degrees 58 minutes East 120.00 feet through the partition wall of a concrete block garage and the partition wall of 350 West Penn Street and 352 West Penn Street to a 1/4 inch drill hole, said drill hole located 6 feet South of the Southern curb line of West Penn Street and 165.02 feet East of the Eastern side of Franklin Street; thence South 74 degrees 00 minutes East 44.53 feet to a 1/4 inch drill hole, the place of BEGINNING. HAVING thereon erected a two story frame dwelling house the Eastern portion of which is included herein and frame garage and Eastern half of a concrete block garage. BEING known and numbered as 350 West Penn Street, Carlisle, Pennsylvania 17013 TAX PARCEL # 05-20-1798-212 BEING the same premises granted and conveyed unto Brian M. Morrow and Donna L. Morrow, husband and wife, as tenants by the entireties, by Deed from Ronald L. Morrow and Loretta A. Morrow, his wife, dated May 31, 1996 and recorded June 1 Oth,1996 in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 140, Page 731. This ad ran on the date(s) shown below: 01/21/09 01/28109 -- - ?1 Sworn to and gubrscribed before me this 25 day of February, 2009 A.D. L 1 i( 7lC Notary Publi -- Sherrie yOfH a r?NG mpub t. , ?? ?a/? h Co?y s Id0v. 26, 2011 Member Penney! , ^ :.. latlon of No "r- 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: 215-886-879 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W3, PLAINTIFF, V. Brian M. Morrow Donna L. Morrow 350 W. Penn St. Carlisle, PA 17013 DEFENDANTS. PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ca NO: 08-4845 x+ -'v t.. CIVIL ACTION EZ T> c-, q - MORTGAGE FORECLOSURE 5: rZ ' Q r ' AND TO DISCONTINUE AND END Please vacate the judgment and mark this matter as discontinued and ended without prejudice upon payment of your costs only. RICHARD M. SQUIRE & ASSOCIATES By:,.C -4 - M. Troy Fre dman, Esq. Attorneys for Plaintiff Date: April 18, 2012 #q.-50 Pp a`r l ditayg8lo