HomeMy WebLinkAbout05-2359
COLDBECK McCAFFERTY & McKEEVER
B\: .JOSEP" A. GOLllBECK. .JR.
A ITOR'IEY I.n. #16132
Slllr5000 -MELLON INDEPE'IIlENCE CENTER
701 MARKET STRF:ET
PIIIL\DELP/IIA, PA 19106
(215) 627-1322
ATTORNEY fOR PLAINTIFF
IN TilE COURT OF COMMON PLEi\S
DEUTSCHE BANK NATIONAL TURST COMP/\NY, AS
TldJSTEE OF AMERIQUEST MORTGAGE SECURITIES.
INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH
CERTIFICATES. UNDER TIlE POOLING & SERVICING
AGREEMENT DATED AS OF DECEMBER 1, 2002,
WITHOUT RECOURSE
505 City Parkway West
Suite 100
Orange, CA 92868
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Plaintiff
Term
No. OS' -.;lJt"O C I
"/ I :'.>t(
'---
}8L~
vs.
DOUGLAS A. GONTZ
SUE Z. GONTZ
Mortgagors and Real Owners
199 Crain Drive
Cmlis1e, PA 17013
CIVIL ACTION: MORTG,I\GE
FORECIOr,lIAr-
Defendants
NOTICE
You have been sued in cOUli. If you wish to dci\.:nd against the claims set forth in thc following pages,
you must take action within twenty (20) days aftcr thc Complaint and notice are served, by entering a written
appearance personally or by attorncy and tIling in writing with the court your defenses or objections to the
claims sct forth against you. You are warned that if you fail to do so the case may procced without you and a
judgmcnt may be entered against you by the Court without further notice for any money claim in the Complaint
offor any other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
LEGAL SERVICES INC
8 Irvine Row
Carlisle. P A 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty A vcnue
Carlisle. PA 17013
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LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS
QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO
DE 20 DlAS DESPUES DE SER SER VlDO CON EST A DEMANDA Y A VISO. PARA DEFENDERSE ES
\'1:CLSSMlIO QLE usn;). 0 SU ABOGADO. REGISTRE CON L\ CORTE EN FOR\1A ESCRITA, EL
I'UNTO DE VIST!\ DE USTED Y CUALQUIER OB.lECCION CONTRA LAS QUE.lAS EN ESTA
DLMAND/\:
, RECUERDE: SI USTED NO REPONDE A ESTA OEMAl\OA, SE PUEDE PROSEGUIR CON El.
I'ROCESO SIN SU I'ARTlCJPACION. ENTONCES, LA COUTE PUEOE, SIN NOTIFICARIO, DEClDIR A
FA VOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS I'ROVlSJONES
OF. ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER
DINERO, PROPIWAD U OTROS DERECHOS lMPORTANTES.
USTED DEBE LLEV AR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
A130GADO, VA Y A 0 LLAME POR TELEFONO LA OFICINA Fl.lADA AQUI /\8AJO. EST A OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO.
Sl USTED NO PUEDE PAGARLE A UN ABOGADO. ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS.
LEGAL SERVICES INC
8 lrvine Row
Carlisle, P A ] 70 J 3
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty A venue
Carlisle, PA 17013
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT
A DEBT OWED TO OUR CLIENT, ?NY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE 0);' COLLECTING TilE DEBT,
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage Forcclosure against you, you
still may be able to SAVE YOUR HOME FROM FORECLOSURE.
I). Call an attorney. Forreferrals to a qualified attorney call either of the following numbers: 717-243-
9400 or .
2). Call Pennsylvania Housing Finance Agency at 800-342-2397 for a counseling agency in your
neighborhood.
3). Visit HUD'S website IVlVw.hud.gov/ot1ices/hsg/sth!econiecon.cti11 for Help for Homeowners Facing
the Loss of Their Homes.
4). Call your lender 800-211-6926 and ask to speak to someone about Loss Mitigation or Home
Retention options.
5). Call or contact our ot1ice to request the amount to bring the account current, or payotfthe mOligage
or requcst a Loan Workout i Horne Retention Package. Call Carol at 215-825-6329 or Nancy at 2 I 5-825-6358
or tax 2 I 5-825-6429 or 215-825-6458. The tigurc and/or package you requested will be mailed to the address
that you request or faxed if you leave a message with that information. The attorney in charge of our tim1's
Homeowner Retention Depat1111cnt is Edward Sparkman who can bc reached at 215-825-6318 or Fax: 215-825-
64 I 8. Plcasc reference our Attorncy Filc Numbcr of AMQ-05 I 8.
Para intormacion en espanol puede communi carse con Loretta al 2 J 5-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
COMPLAINT IN MORTGAGE FORECLOSURE
I. Plaintiff is DEUTSCHE BANK NATIONAL TURST COMPANY, AS TRUSTEE OF AMERIQUEST
MORTGAGE SECURITIES, lNC. SERIES 2002-D, ASSET BACKf:[) PASS-THROUGH
c CERTIFICATES, UNDER THE POOLING & SERVlClNG AGREEMENT DATED AS OF
DECEMBER 1,2002, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868.
1 The names and addresses of the Defendants arc DOUGLAS A. GONTl, 108 North 34th Street
Apartment 7D, Richmond, [N 47374 and SUE Z. GONTZ, 108 NOIth 34th Street Apartment 7D,
Richmond, TN 47374, who are the mortgagors and real owners of the mOltgaged premises hereinafter
described.
3. On October 09, 2002 mortgagors made, executed and delivered a mortgage upon the prcmises
hereinafter described to AMERIQUEST MORTGAGE COMPANY, which m01tgage is recorded in the
Office of the Recorder of Deeds of Cumberland County as Book] 777 Page [466. The mortgage has
been assigned to: DEUTSCHE BANK NATIONAL TURST COMPANY, AS TRUSTEE OF
AMERIQUEST MORTGAGE SECURITIES, INC. SERIES 2002-D, ASSET BACKED PASS-
THROUGH CERTIFICATES, UNDER THE POOLING & SERVrCING AGREEMENT DATED AS
OF DECEMBER 1,2002, WITHOUT RECOURSE by Assignment of Mortgage, which is being lodged
for recording. The Mortgage and Assignment(s) are matters of public record and are incorporated by
this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g) which Rule relicves the
Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public
record.
4. The Property subject to the Mortgage is more fully described in the Icgal description set torth as Exhibit
"A".
5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due
January OJ, 2005, and each month thereafter are due and unpaid, and by the tenns of said mortgage,
upon default in such payments for a pcriod of one month, the entire principal balance and all interest due
thereon are collectible forthwith.
6. The following amounts are due on the mortgage:
Principal Balance
Interest from 12/0 I /2004
through 05/3 ]/2005 at 8.9990%
Per Diem interest rate at $25.21
Reasonable Attorney's Fee
Tfthe Mortgage is reinstated prior to a Sheriffs Sale the
Attorney's Fees may be less than this amount based on
work actually performed. The Attorney's Fees requested
are in conformity with the Mortgage and Pennsylvania
law. Plaintiff reserves its right to collect Attorney's fees
of up to 5% ofthe remaining principal balance ($5,043.40)
in the event the Property is sold to a third party purchaser
at Sheriffs Sale or ifthe complexity of the action requires
additional fees in excess of the amount demanded in the
Action.
Latc Charges ti.om 0] /0 I /2005 to 05!3 I1200S
Monthly late charge amount at $49.43
Costs of suit and Title Search
$100,867.97
$4,588.22
$1,250.00
$247.14
Fees
Recoverable Balance
$900.00
$107,853.33
+$56.00
+$]0.00
$[07,919.33
7. Plaintitfis not secking a judgment of personal liability (or in pcrson~1Jjudgmcnt) against thc
Defei1dants in this Action but rescrvcs it's right to bring a separate Action to establish that right, if such
right exists. If Defendants have received a discharge of their persona] liability in a Bankruptcy
proceeding, this Action of Mortgage Foreclosure is, in no way, an attcmpt to re-establish the personal
liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and scll the Property
pursuant to Pcnnsylvania law.
8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendants by Certified and regular mail, as required by Aet 160 of 1998 of the
Commonwcalth of Pennsylvania, on the date(s) set fOlih in the true and correct copy of sueh notiee(s)
attached hereto as Exhibit "B". The Defendants have not had the required faec-to-faee meeting within
the required time and Plaintiff has no knowledge of any sueh meeting being reqLlested by the Dcfendants
through the Plaintift~ the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit
Counseling Agency.
WHEREFORE, Plaintiff demands a de terris judgment in mOligage foreclosure in the sum of$1 07,919.33,
together with interest at the rate of $25.21, per day and other expenses incurred by the Plaintiffwhieh are
properly ehargeable in accordance with the tenus of the Mortgage and Pennsylvania law, and for the foreclosure
ofthe Mortgage and Sheriffs Sale of the operty.
K McCAFFERTY & McKEEVER
JOSEF A. GOLDl'lrCK, JR., ESQUIRE
'ORNEY FOR PEArNTIFF
VERIFICA nON
I, Nanci Jimenez, as the representative of the Plaintiff corporation within named do
hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff
corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my
knowledge, information and belief. I understand that false statements therein are made subject to the
penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities.
Date: C;- b -O~
Date: lO)08)2002
Tlme: L47:21 PM
Order NU~er: 000006260
Re: Douglas A. Gantz
Sue Z. Gantz
199 CRAIN DRIVE
C@LIST,E, PA 17013
c:m'lBERLAND county
EXHIBIT 'A'
ALL 'fMT CERTAIN tract of land situate in North Middleton TNIDShip,
Cumberland County, Pennsylvania, more partlcular.ly ~ounded and
described in accordance with a survey by ThoJuas A. Neff, R.S., datqd
May 29, 1974, as follows:
BEGINNING at a point on the South side of the Conodoguinet Creek which
point is 19~41 feet East from the Northeast corner of lands now or
fo~merly of the carliglfr Suburban Authority; thence along said creek
South. 67 degree.s 24 minute,oS.. 30 seconds East One Hllnc!red Seventy-'l'wo and
Seventy-Three Hundredths t172.73} feet to a poInt on said creek at
co~ner of lands now or formerly of Lawrence n. Massey; thencG along
lands now or formerly of Lawrence B. Massey South 31 degrees 09 minutes
20 seconds West Thlrty~five and Fifty-FivQ Hundredths (J5.S5} feet to a
spike in. the center of Crain Drive ('f-S04 r; thence along the center -
line of Crain Drive, having a curve rad.Lu.s of One Hundred Thi:cty-Seven
{131} feet, south One Hundred Seventy (170) feet to a spike in the
center of Crain Drive; thence North 1 degrees 45 minutes 10 second&
West One Hundred Ninety-Six and Forty-Five Hundredths (196.45) feet to
a point on th{~ Conodoguinet Creek-,. the point and place of BEGINNiNG.
BE1NG improved with a dwelling house known and numbered as 199 CLain
Drive, Carlisle, Pennsylvania, 17013.
f Certify lh '
II C IS to be
1 -Ul11berJan recorded
0''-" d COunty PA.
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Pllge: 7 of 7
Order Number 000006260
P. O. 80. 11 000 .
Santa An.. CA 92711-1000
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7182 6389 3060 0567 1176
March 02, 2005
SUE Z GONTZ
DOUGLAS A GONTZ
199 CRAIN DR
CARLISLE, PA 17013
9D,I"""
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
STATEMENTS OF POLICY
Loan Number:
Property Address:
Original Lender:
Current Lender/Servicer:
0039262761
199 CRAIN DRIVE, CARLISLE P A, 17013
Ameriqnest Mortgage ComJlllDY
Ameriquest Mortgage Company
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. mls 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. mIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMl'T TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
Thi. i. an official notice tbattbe morlllue on vour home i. in deranlt. and the leader intend. to Coredo.e.
Specific inCormation abouttbe nature oC tbe default i. provided in the attaebed pa2e..
Tbe HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAr) may be able to belp to save vour
home. This Notice explains how the program works..
To5Oe iCHEMAl' can belp. you mu.t MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF mIS NOTICE. Take thi. Notice witb you when you meet witb tbe
CouRselint! AReDfv.
The name. address and phone nomber of Consumer Credit CooD8eliuI! Aeeocies senine: your Connn are
listed at the end 'Of this Notice. If YOU have an, Questions. you may call the PeR.sylvania Housjne: Finance
Atenev toll Cree at 1-800-342-2397.(Person. witb impaired h.ariat can call (717) 780-1869).
This Notice toutains import.D.t teaa) information. If you have any questions, repl1:scn.tatives at the Consumer
Credit Coun.eling Agency may be .ble to help ..plain it. You may .1.., want to eontaet an attorney in your
area. Tbe local bar ...oeiation may b. abl. to belp you find a 'awy.r.
LA NOTlFICACroN EN ADJUNTO ES DE SUMA IMPORTANCTA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTmCACION OBTENGA UNA TRADUCCION INMEDTTAMENTE LLAMANDO ESTA AGENCIA
(pENNSVLV ANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
Ero,a"I"::~I~-Il~
ARRISA. PUEDES SER rLEGffiLE PARA UN PRESTAMO POR EL PROGRAMA I,LAMADO
"HOMEOWNrR'S rMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SALVAR SU CASA Dr I,A PERDJDA DEL DrRrCHO A RrDlMlR SU HIPOTECA.
HOMEOWNER'S rMERGrNCY MORTGAGE ASSISTANCr PROGRAM
YOU MAY BE ELIGffiLr FOR FINANCIAL ASSISTANcr
WHICH CAN SAVE YOUR HOME FROM FORrCWSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THr PROVISIONS OF THr HOMEOWNER'S rMERGENCY MORTGAGr
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR rMERGENCY MORTGAGE
ASSISTANcr:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BrYOND YOUR CONTROL,
. IF YOU HA vr A REASONABLE PROSPECT OF BrING ABLE TO PAY YOUR MORTGAGE
PAYMENTS,AND
. IF YOU MErT OTHrR rLIGffiILITY REQUJREMrNTS rSTABLISHrD BY THr
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORrCLOSURE -- Under the Act yon are entitled to a temporary stay offoreclosure
on your mortgage for \hiny (30) days from the date of this Notice. Doring that time yon must arrange and attend a
face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WIT dIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MQRTGAQE.Ai)SIi)TbN.CF:, Y:O!ll@J1TllJ!ll'LGYQURMOIl,TGA,GEUPTOD}'TE:. THE P!ffiT OF THiS
NOTI!:" CAIJ,liD -"H9W 't()J;U_RIl YPVR_MQR]'GA(JE PEFAUk T" EXPLAJN;> HOW TO BRING yOPR
MORTGAGE. UP T9 QA-TE:o
CONSUMrR CREDIT COUNSrLING AGENCIES -- If you meet witho~e of tile ~onSDDler.credi"conn""ling
ag"ncy Iistejl ",t tl1e~<toOl1!s !!Qtice,Jh~lend~ may'N91'J~e]!Cli.J>l!.aWl!lit YOJlf<!! tlUrty (LO)Jlays aftex th~ d'!le
of this lI!ee1ing. Ih<L_~, "'''ekesseLand te1el1hQ!1elll!.ml1!>rs of --9~lLnsie(tcQ!ls!!m~ "r~t @u!!selinlLa~cie~ for
lI!e ~Ol!!!ty iI! w.hi,,-h the ]!r<>pertyjs.located are set fo!!h _~t the j:nJ!olll!is }lotice It is only necessary to schedule one
face-to-face meeting. Advise your lender immediatelv of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mongage is in a default for the reasons set forth later
in this Notice (see following pages for specific information about the nature of your defanlt.) If yon have tried and
are nnahle 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, yon must fill out, sign and file a completed
HQmcowne,.s Emergency Assistance Program Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consnmer credit counseling agencies have applications for the
program and they will assist yon in suhmitting a complete application to the Pennsylvania Honsing 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 LrTTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATrLY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED,
AGENCY ACTION - Available funds for emergency mongage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act The Pennsylvania Honsing 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 setforth above. You will be notified directly by
the Pennsylvania Housing Finance Agency of its decision on your application.
"A",n,!Ncp!'-D'
March 02, 2005
l.oan NumbeJ: 0039262761
- -
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_ Yun "-av~ fi~d-"an_kruYt<:nou_ca-" stjllllPP.1Y !or _E~er~eacy ~ orig"ge_A'!i.tanee.)
HOW TO CURE YOUR MORTGAGE DEFAULT IBrine it uo to date).
JIlt>. 1'~ QF'[HE ~EF AUL I -The MORTGAGE debt by the above lender on your property la<ted at:
at 199 CRAIN DRlVE, CARLlSl.E, PA l70J31S SERIOUSLY IN DEFAULT because:
A YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts llJe now past due:
OJ/OII05 thru 03/01105 at $823.86 peJ month
Monthly Payments plus tate chllIge OJ other fees: $2570.44
Total AmOUllt to enre Default: $2570...
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not Ill"' if aot aoplieable): N/A
HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date ofthis
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2570...
Pl.US ANY MORTGAGE PAYMENTS AND l.ATE CHARGES WHICH BECOME DUE DURING THE
THlRTY (30) DAY PERIOD. P_aYl!leJ!js Illu,g "" fl!lId~ eith"! by c~shS~i~'Uh.j:k,_ceIrifi.d J'heck or money
order made IlIIvable and sent 10:
Ameriquest Mortgage Company
P.O Box 51382
l.os Angeles, CA 90051-5682
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this lelteJ:
(QojlotuS!: ifnQ\ l!PPJ!cable1 N/A
IF YOU DO NOT CURE THE DEFAUL T--Ifyou do not cure the default within THIRTY (30) DAYS ofthe date
of this NOlice. the leader iafelld. to exereille it. riahl. to accelerate the mortuae debt. Tbis means thai the entire
ontslanding balance of lhis debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. Iffull payment ofthe total amollDt past due is nol made within THIRTY (30)
DAYS, the lender also intends to instruct its attorneys to start legal actiou 10 fILr'e!l.lo!!, !!P<!!l I!!.... m'1rt,a,ed
proJ'erty.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff
the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender
begins legal proceedings against yon, you will still be required to pay the reasonable attorney's fees that were
act..a1ly incurred, up to $50.00 However, if legal pra<eedings are started against you, you will have to pay all
reasonable attorney's fees actually incuned by the lender even if they exceed $50.00. Any attorney's fees will be
added to the amount yon owe the lender, which may also include other reasonable costs. If YO" e\l~ the ~fa\llt
!!ithillthe mlRTV (30) DAY period, you will not be required to pay attorney's fees..
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and aU
OthCI sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If yo \I have not cuJed the default withiu
the THlRTY (30) DAY period and foreclosure proceedings have hegun, YQlI slill have the right to cure !be._default
and_pr.o:v""t th<csa!e atllJlY time 1ljl t.<>- o,!e 1l0U~ b.o:f~e !h~~eriif's Sale.]'"" nlay_do_ soJ>IJlaying th" toJa/lllllount
then past due, pl..s any tate or other chllJges then due, {easonable allomey's fees snd costs connected with the
fo{<closure sale and anv other costs connected with the Shetifi's Sale as soecified in writin2 bv the lender and bv
,'00"61""','1.06
performingany oUter requj;reQJent$. Ull..ilcr the mor:tgage. Curidg your default in th.e manner set forth in this
notice wiJI restore your mortgage to the same position as if you h.ad nevel" d.efaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DA TE -- It is estimated thai the eadiest date thai 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 yon before the sale. Of course, the amount needed to
cure the default will increase the longer you wait. You may find out at any time exactly what the required payment
or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Amerique.t Mortgage Company
PO BOI 1t 000
SaDta ADa, CA 92711-1000
PhoDe Number 800-430-5262
Fax NDmber 714-347-5037
J;FFJ;CT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership orthe
mortgaged property ami your righllo occupy it If you continue 10 live in the property after the Sherifl's Sale, a
lawsuit to remove you and your furnishings and other belongings could be statted by Ihe lender at any time.
ASSUMPTION OF MORTGAGE -- You _ mayor.-X- may Dot (CHECK ONE) seD or transfer your home
to a buyer or transferee who will assume the mortgage debt, provided thai all the ontstanding payments, charges and
aUomey's fees and costs are paid prior 10 or at the sale and that the other requiremenls of the mortgage are satisfied
YOU MAY ALSO HA VI: THE RIGHT:
~ TO SELL THE PROI'ERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
. TO HA VB THIS DEFAUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD
OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RJGHT TO CURE
YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
. TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER 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 SJ;RVING YOUR COUNTY ARE
ATTACHED
Very Truly Yours,
Ameriquest Mortgage Company
Cc: Ameriquest Mortgage Company
Attn: Collections Department
Loan Number: 0039262761
Mailed by lot CIa.. Mail Uld by Certified Mail
"F04~1INCPII.OS
Homeowners' Emergency Assistance Program
CUMBERLAND COUNTY
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, P A 17325
(717) 334-1518
CCCS of West em PA
2000 Linglestown Road
Harrisburg, PA 17102
1-888-511-2227
Community Action Commission of Captial Region
1 514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, P A 17110
(717) 232-2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
(717) 762-3285
PHFA
211 North Front Street
Harrisburg, P A 1711 0
1-800-342-2397
"PA041INCP,12-~S
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SHERIFF'S RETURN - NOT FOUND
, CASE NO: 2005-02359 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
GONTZ DOUGLAS A ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
GONTZ DOUGLAS A
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, GONTZ DOUGLAS A
199 CRAIN DRIVE
CARLISLE, PA 17013
DEFENDANT'S ADDRESS IS 108 N 34TH STREET APT 7D
RICHMOND, IN 47374.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
3.70
5.00
10.00
.00
36.70
So~.s.::::rs:. .~. ...~~
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, ,. ~---e> _ __--
, R. Thomas Kline
Sheriff of Cumberland County
GOLDBECK MCCAFFERTY MCKEEVER
05/11/2005
Sworn and subscribed to before me
this
-if-
/3-
day of ~
;21r1J) A.D.
(/1 f") \-, ;-,
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Pr<2lt onotary
.~
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02359 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
GaNTZ DOUGLAS A ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
GONTZ SUE Z
the
DEFENDANT
2005
CARLISLE, PA 17013
by handing to
SUE GaNTZ
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
6.00
.00
.00
10.00
.00
16.00
So Answers:
'..... /:-,.", _~-,,//.~l"
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R. Thomas Kline
05/11/2005
GOLDBECK MCCA
Sworn and Subscribed to before By:
me this
~
/3~
day of
7~t."1 c2 otJ.! A. D.
/kQ~ ~
Prothonotary
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
DEUTSCHE BANK NATIONAL TURST
COMPANY, AS TRUSTEE OF
AMERIQUEST MORTGAGE
SECURITIES, INC. SERIES 2002-D,
ASSET BACKED P ASS-THROUGH
CERTIFICATES, UNDER THE POOLING
& SERVICING AGREEMENT DATED AS
OF DECEMBER 1, 2002, WITHOUT
RECOURSE
505 City Parkway West
Suite 100
Orange, CA 92868
IN THE COURT OF COMMON
PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
Term
No. 05-2359 CIVIL
Plaintiff
vs.
DOUGLAS A. GONTZ
SUE Z. GONTZ Mortgagor(s
199 Crain Drive
Carlisle, P A 17013
CERTIFICATE OF SERVICE
PURSUANT TO Pa.R.C.P. 404
Joseph A. Goldbeck, Jr., Esquire, hereby certifies that a true and correct copy of
the above-captioned Complaint in Mortgage Foreclosure was served upon Defendant
DOUGLAS A. GONTZ by certified mail on May 19,2005.
. ., ...
Complete ~ems 1, 2, and 3. Also complete
Item 4 W Restricted Delivery Is _Ired.
. Print your name and add!llSS on the reverse
so that we can return the card to you.
. Attach this card to the back of the mallplece,
or on the front W space permits.
1. Article Addressed to:
amq-0518 CaMP
GaNTZ, DOUGLAS A.
108 North 34th Street
Richmond, IN 47374
2., Article Number
(TIansferfrcm -label)
, PS Form 3811, February 2004
Mall [J Express Mall
IsteredD Return Receipt for MerChandise
Insured Mall [J C.O.D.
4. Restricted 0eI1veIy'1 (Extra Fee) [J Yes
I ~IIII ~IIII~IIIIIIIIIIIII~IIIIIIUIIII~ 11I1 mllllllll~1 ~I nil 011 ~HIIIIIIIIIIIIIIIIIII
* 7nnt,.;:>r::;1 nn,n'n~~/..R.?71 12.1..
DOmestic Return Receipt 10:2595-02.M-1540 '
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Ul
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
DEUTSCHE BANK NATIONAL TURST COMPANY,
AS TRUSTEE OF AMERIQUEST MORTGAGE
SECURITIES, INC. SERIES 2002-D, ASSET
BACKED PASS-THROUGH CERTIFICATES,
UNDER THE POOLING & SERVICING
AGREEMENT DATED AS OF DECEMBER 1, 2002,
WITHOUT RECOURSE
505 City Parkway West
Suite 100
Orange, CA 92868
Plaintiff
vs.
DOUGLAS A. GONTZ
SUE Z. GONTZ
(Mortgagor(s) and Record owner(s))
199 Crain Drive
Carlisle, PA 17013
IN THE COURT OF COMM N PLEAS
I
of Cumberland Cou~ty
i
i
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No. 05-2359 CIVI~
I
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,
PRAECIPE TO DISCONTINUE AND END
TO THE PROTHONOTARY:
I
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~ayment of
Kindly mark the above case Discontinued and Ended upon
your costs only.
!JIt~
,
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ESQo/IRE
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JOSEPH A. GOLDBECK, JR.,
-------
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