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HomeMy WebLinkAbout05-4297 Richard M. Squire, Esquire LD. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886~8790 Fa" 215.886.8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IA 1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: OS - 4;),'11 C?;u~LY 8U'vl PLAINTIFF, CNIL ACTION v. Michael L. Garrett 1215 Indian Peg Road Mechanicsburg,PA.17055 MORTGAGE FORECLOSURE DEFENDANTS. 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 ajudgment 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 Jose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TOOR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\Ameriquest\Garrett\Comptaint.wpdMG A VISO LE RAN DEMANDADO A USTED EN LA CORTE. Si usted qui ere 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. Race falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objecciones alas 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 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus edades u otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO INMEDIATAMENTE. SINO TIENE ABOGADO o SINO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICIO V AY AENPERSONA o LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASIST ANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 and 800-990-9108 F:\Clients\Amenquest\Garrett\Complaint. wpdMG Richard M. Squire, Esquire !.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintowt1 Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone; 215~886~8790 Fax: 215-886-8791 Attome for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IAI under te Pooling and Servicing Agreement dated as of September I, 2004, Without Recourse, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA NO: or; - ~'0--91'{ O;(,)L ~ ~ PLAINTIFF, CIVIL ACTION v. Michael L. Garrett 1215 Indian Peg Road Mechanicsburg,P1\.17055 MORTGAGE FORECLOSURE DEFENDANTS. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, as Trustee of Arneriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IAl under te Pooling and Servicing Agreement dated as of September 1,2004, Without Recourse, by and through its attorney, Richard M. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: 1. Plaintiff, Deutsche Bank National Trust Company, as Trustee of Arneriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IAl under te Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse ("Plaintiff'), is a corporation with a principal place of business at 505 City Parkway West, Suite 100 Orange CA 92865. 2. Defendant(s), Michael L. Garrett, is/are the real owner(s) and mortgagor(s) and grantee(s) in the last deed of record to the hereinafter described real estate located at 1215 Indian Peg Road Mechanicsburg, P A 17055, hereinafter "Premises." Defendant( s) resides at 1215 Indian Peg Road Mechanicsburg, P A. 17055 . 3. On 07/09/2004 Defendant( s), Michael L. Garrett, made, executed and delivered a mortgage for the benefit of AMC Mortgage Services, Inc., as security for the payment by defendant( s) of certain sums due and owing by Defendant(s) under a promissory note executed by Defendant(s) on the same date in consideration for a loan made to Defendant( s) by Plaintiff. Said mortgage is recorded in the Office ofthe Recorder in and for Cumberland County, in Mortgage Book Vol. 1873, Page 2122, and is incorporated herein by reference by virtue of Pa. R.C.P. g1019(g). 4. Plaintiff is in the process of preparing a formal legal assignment. 5. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of the above-described assignments. 6. The premises subject to the aforesaid mortgage is described in Exhibit "A," which is attached hereto and incorporated herein by reference. The address of the mortgaged premises is 1215 Indian Peg Road, Mechanicsburg, PA 17055. 7. The aforesaid mortgage is in default because the required monthly payments due under the terms of the aforesaid note and mortgage have not been made from12/0l/2004 through the present date. By the terms of the said mortgage, upon breach and failure to cure said breach after notice, all sums secured by said mortgage shall be immediately due and owing. 8. The terms of the said mortgage further provide that in the event of default, Defendant shall be liable for Plaintiff's costs and attorney's fees. 2 9. The following amounts are due as of August 11,2005: Principal of Mortgage debt due and unpaid $ 115,889.26 Accrued interest through August 11, 2005 $ 5,841.36 Late Charges $ 394.58 Corporate Advance $ 132.50 Attorney's Fees $ 5,794.46 TOTAL ~ 128.052.16 plus costs, interest at the rate of23.18 per diem for each day after August 11,2005, until the entry of judgment, and interest from the date of judgment as provided by law. 10. Plaintiffhas demanded the total amount due from Defendant, but Defendant has failed to pay the same. 11. Notice of intention to Foreclose pursuant to 41 P.S. 9 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983,35 P.S. 9 1680.402c, et seq. was mailed to each individual Defendant via regular and certified mail, return receipt requested, on 03/02/2005. A true and correct copy of said notice is attached hereto and marked as Exhibit "B"and is incorporated herein by reference as though fully set forth at length. WHEREFORE, Plaintiff demands judgment in rem be entered in its favor and against Defendant( s) Michael L. Garrett, for foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph 09, namely $ 128,052.16 plus costs, interes er diem and interest from Date: I By: ' /Richard M. Squire, Esquir ./ liS West Avenue, Suite 1 Jenkintown, PA 19046 215-886-8790 Attorneys for Plaintiff ,LLC the date of judgment as provided by law, and for such just and proper. 3 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 Plaintiff's agents. The undersigned understands that this statement herein is made subject to the pou1ti~ ofl' P~C.s.I4904 ","'" " ,",worn fu'.'Z ~ ~ili,riti, . (~~s j Date: ,:tJ...!. \. ",I- ./ LEGAL DESCRIPTION 1215 INDIAN PEG ROAD MECHANICSBURG, PA.17055 CUMBERLAND County laltIBI'I' lAl ALL THAT CERTAIN tract of land situat~ in the Township of Monroe, County of Cumberland, and Commonwealth of pennsylvania, being more particularly bounded and described aa follows, to wit: BEGINNING at an iron pin at the corner of land now or formerly of David Paulus and other lands now or formerly of Robert Moffitt; Thence along said lands now or tormerly of Robert Moffit, South 81 degrees 30 minutes West for a distance of one hundred fo~ty-two and nine tenths (142.9} feet to an iron pin; thence along lands now or for.merly of C. R. Minnich, South 65 degrees 58 minutes West, far a distance of thirty-eight (38) feet to an iron pin; thence along lands formerly of Edward L. Miller, and now of Walter L. Berkheimer and Martha E. Berkheimer, his wife North,S degrees 53 minutes 50 seconds West, for a distance of two hundred sixty-nine and one tenth (269.1) feet to a stake; thence along lands now or formerly of Walter L. Berkheimer and Martha E. Berkheimer, and continuing along land of Wi~l~am Goodye~r, North 75 degrees 25 minutes East, for a distance of one hundred eighty and no hundredths (180.00) feet to a stake; thence along lands now or formerly of Davis Paulus, South 8 degrees 48 miuutes 30 seconds East, two hundred seventy-eight and no hundredths (276.00) feet to an i~on pin at the place of BEGINNING. BEING known and municipally numbered as 1215 Indian Fag Road, Mechanicsburg, Pennsylvania 17055. . .~ '" DK.1873PG2138 P.O. Bn 11000 SuI. Ana, CA '2711-1000 tl~~~~I. 7182 b389 30bO 0570 18bb March 02, 2005 MICHAEL L GARRETT 1215 IND]AN PEG ROAD MECHANICSBURG, PA 17055 >>f'N~ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTSOFPOLICX Loan Number: Property Address: Original Lender: Current Lender/Servicer: 0085942746 ]2]5 IND]AN PEG ROAD, MECHAN]CSBURG PA, 17055 AmeriqueS! Mortgage Company Ameriques! Mortgage Company THIS FIIlM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT nn: INDEBTEDNESS REPERUD TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOil TBA T PUllPOS:!. IF YOU HA VI: PREVIOUSLY RECEIVED A DISCHARGE IN BANKllUPTCY, THIS CORUSPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMI'T TO COLLECT A DEBT, BUT ONLY :!NJIORCEMENT OF A LIEN AGAINST PIlOPl.IlTY. Thi. h u oftIcialaotke that tbe m..nRaP oa "OGr bome i.1a delolt. ud the lender latend. to lonoelose. Sneer", lalorm.tlon .b...t tile Dature or the del.nlt Is Drevllled in the .ttaehed D'lIeL Tbe HOMEOWNER'S MORTGAGE ASSISTANCE PIlOGllAM (HEMAl') m.y be .ble to hlo to save your home. Thi. Notice exnlaia. how tile Drollram wom To .ee if HEMAP can helD. TOG Dlual MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN JO DAYS OF nn: DATE OF THIS NOTIC:!. Take tIri. Notice witll TOG whea TOG meet with the Coan.e1laa Aaencv. The DIlDe. .ddreo. and DItO" DUmber 0' COD.amer Credit C.D..lina A_cle. ..mall T.....r C.....Dtv .re lIoted .t tile ead or thi. Notice. II YOG Itave UJ' aaestioD.. YOU mllY call the Pe.....yl"ul. H.sla. Flnu.. A_cv toll free at HIOO-342-.%397.lPenon. with JmDalred hearlaa cucaIl (717) 786-1869). This Notlee eonWJl. important le..J inform.tioD. U you. hal'e aay qaestioDI. repreteatatives at tbe COJllWJler Credit Co......llag Ageney may be able to help esplalnlt. Yoa m.y also want to coatact u .ttorney in y...r anL The local bar .....ladoa m.y be able to help YOll find . I.wyer. LA NOTlFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA. PUES AJ'I:CTA SU DERECHO A CONTINUAR VJVIENDO EN SU CASA. SI NO COMPREND:! EL CONTJ:NlDO DE ESTA NOTlFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AG:!NCIA (pENNSYLVANIA HOUSING FINANC:! AGENCY) SIN CAB.GOS AL NUMERO MENCIONADO "Fl)llIIlllt""-1la AJUUlIA. P1JJ:DES SER ELEGIBLE PARA UN PUSTAMO POR EL PROGIlAMA LLAMADO "HOMEOWNJ:R'S 'EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL P1JJ:DE SALV AR SU CASA DE LA PERDmA DEL DEUCHO A UDIMIB. SU HIPOTECA. HOMEOWNJ:R'S EMERGENCY MORTGAGE ASSISTANCE PROGllAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WmCH CAN SAVE Y01lll HOME FROM FORECLOSUIlE AND HELP YOU MAKE JUTUU MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNJ:ll'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND Y01lll CONTROL, '. IF YOU HAVE A REASONABLE PllOSPECT OF BEING ABLE TO PAY Y01lll MORTGAGE PAYMENTS, AND . IF YOU MEET OTHEll ELIGIBILITY REQUIllEMENTS ESTABLISHED BY THE RNNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSUIlE - Uoderthe Act, YOllarc CDlided to atcmpo.ary stay offoreclosure on yont mortgage for thirty (30) days from the dale of this Notice. During that time you must mange and attend a face.lo-face meeting with one of the consumer credit counselillg agencies listed at the end of this Notice, THIS MEETING MUST ocm WITHIN THE NEXT (301 DAYS, IF YOU DO NOT AWL Y FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE PART OF TIllS NOTICE CALLED 'HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CUDIT COUNSELING AGENCIES -- Ify\>u meet with one of the consumer credil counseling aeencv listed at the end of this ootice. the 1cndu may NOT take action lIl!ainstvoo for thirtv (301 daYs after the date of this mcctina', The name.. Addresses BUd telephone numben of dcsialllltcd consumer credil counscIina aaencies for the county in which the p.oocrtv is located are set fot1h at the end of this Notice. It is ouly necessary to schedule one face-Io-face meeting, Advise YOUl IcndcI immediatclv of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reasons set fot1h later in this Notice (see following pages for specific information about the nature of your default,) If you have tried and arc unable to resolve this problem with the lender. you have the right 10 apply for finaocial assistance from the Homeowner's Eme.gency Mortgage Assistance Program. To do SO, YOll must fill out, sign BUd file a completed Homeowner's Emergency Assistance Program Application with one of the dcsigoatcd consumer c.odit counseling agencies listed at the end of this Notice, Only consumer crccIit counseling agencies have applications for the program llJld they will assist yoo in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed o. postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE Y01lll APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FOUCLOSURE MAY PROCEED AGAINST Y01lll HOME IMMEDIATELY AND Y01lll Al'l'LICATION roll MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for eme.gency mortgage assistance arc very limited. They will be disbursed by the Agency unde. the eligibility crileria _bUshed by the Act The Pcnnsylvania Housing Finance Agency has sixty (60) days 10 make a decision after it receives your application. During that time, no fo.eclosure p'OCcedi1l85 will be pursued against you if you havo met the limo requirements set forth above. You will be notified directly by the Peunsylvania Housing FinllJlce Agency of its decision on your application. f......\;T2\If;P!1^l;l. March 02. 2005 Loan Number: 0085942746 NOTE: IF YOU ARE CUIlIlJ:NTLY PROTECTJ:D BY TIlE lIn.mG 011 A PETITION IN BANKIlUPTCY, THE 1I0LWWING PART 011 THIS NOTICE IS lIOIl INlIORMATION PUIlPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A T'RMPT TO COLLECT THE DEBT. (If you have filed haakruptey you eaa otillllpply for Eme ey Mongllll" A..inaae..) HOW TO CURE YOUR MORTGAGE DEIIAUL T IBri"" it UD to date). NATURE OF THE DEF AUL T -The MORTGAGE debt by the ahovelender on YOof properly locted at: at 1215 INDIAN PEG ROAD. MECHANlCSBURG. PA \7055 IS SERIOUSLY IN DEFAULT because: A, YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following montha and the fonowing amounts ar. now past dn.: 01101105 thru 03/01105 at $789.\6 per month Monthly Payments plu. lat. charg. or other fee.: 52408,69 Total Amount to en.... Delaalt: 52408.69 B. YOU HA VI: llAILED TO TAKE THE IIOILOWlNG ACTION (Do .ot Ule if not ...Iie.hle): N/A HOW TO CURE THE DEIIAULT--You may core th.d.faultwithin THIRTY (30) DAYS ofth.dat. oflbis notic. BY PAYING TIlE TOTAL AMOUNT PAST DUE TO TIlE LENDER, WHICH IS 52408.69 PLUS ANY MORTGAGE PAYMENTS AND LA'I'E CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. P3'\'menl. must be made .ither by cash. cashier'. check. cenilied check or monel' order mAde oavable and sent to: Am.riqn.st Mollgllge Company P.O Box 51382 Los Angel... CA 90051-5682 You canCllI. any other d.faullby taki8g the following action within THIRTY (30) DAYS of the date of this Jetter: (Do not u.. iluo! aDDIicabl..) N/A IF YOU DO NOT CURE THE DEIIAULT--Ifyou do not cor.th. defauh within THIRTY (30) DAYS of the date ofthi. Notice, the leader Intend. to uerdleltJ right. to ._I....t. the morto.. d.ht. Thi. means that the entire outstanding balance of this debl will b. considered dn. immediat.1y and you may lose the chance to pay the mortgage In monthly instaDm.uts. If f1III payment of the total amount pa.1 due inot made within THIRTY (30) DAYS, the lender also intends to instroCl its 81torneys 10 start legalac1ion I<> foreel_ a.on TOnr mol'hlll1Oed .ro.em. IF TIlE MORTGAGE IS 1I0RECLOSED UPON >- The mortgaged propetty wlII be sold by the Sheriff to payoff the mortgage debt. If the lender refer. yoar case 10 it. 1IU0meys. bUI you CIIle the deIiDquency before the lender begin. legal proceeding. agaiJlst you. you will still be requited I<> prry the reasollll1>le attorney'. f... that were actually incurred, up to $50.00. How....r. illegal proceedingo are started apinstyou. you will have to pay all reasollll1>le attorney'. fees actually incurred by the lender even if they exceed $50.00, Ally attorney'. re.. will be add.d to the amount you owe the Ieuder, which may also include other reasonable costs. H you ...... tile def.u1t within the THIRTY (30) DAY period. yoe wID.ot be ....."'...d to p.y attorney'. r.... OTHER LJ:NDERIlEMEDIES - The lender may also sue you personally for the unpaid principal balance and all other soms due lUIder the mortgag.. .RIGHT TO CUItJ: THE DEIIAULT P.RIOR TO SHE.RIJ1I1'S SALE -. If yon have not cored the default within the THIRTY (30) DA Yperiod and roreclosure proceedinss have begun, yon lI1ill have tho ricJlt ID "'Ir" lb. dofaolt and prevent the sale III any time1lJl to one boor 1>c:fore the Sherifr. Sale. Yon mal' do so by paying the tota1 amounl then past d.... plus any late or other clwg.. then due. reasooable attomoy'. fee. and costs cooa"""'d with the forecloSUtC sale and an~ other costs connected with the Sheri1l'. Sale a. ..,ecified in wriIinlr by the lender and by U~+f;I'IH.. perfurmi"l! lII\V other lequiremenls under the mort/!nge. CuriRI YOIlr del..1t la the muaer .et fortb.la Wo ..&tit<> will Jestere YOIlr mo.....,e to the ....e position II if YOIl h.d ..ever defaulted. EAllLIEST POSSIBLE SHJ:RIIl'F'S SALE DATE -- It io ewmated that the oaIliest dale that s""h a Sherifl's Salo of tho mortgaged property could be held would be approximately (6) MONTHS from the date of this Notice. A notice of Ihe actual date of tho Sherifl's Sale will be senllo you befoIe the sale. Of OOI1rlle. the am01l111 needed 10 cure the default willlacrease tho 10ngeI yon wait. Yon may find out al any time exBCtIy what the required paymenl or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Ameriquest MongillO Compuy PO Box 11000 Suta Ana, CA 91711-1000 Phoae Number 800-430-5161 Fu Number 714-347-5037 EFFJ:CT 0 F SHJ:RIFF'S SALE - You sbould realize that a Sheriff's Sale will end your ownership of the mortgaged property and YOUl righllo OCCllpy it. If you continue to live in the property after the Sheri1l's Sale, a lawsuit to remove yon and YOUI furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MOll.TGAGE -- You _ m.y 01 ~ ".Y Dot (CHECK ONE) sell or transfeI yo'" home to a buyer 01 uansfcrec who will assmne the mortgage debt, provided thaI all the outstanding paymeuts, chatges and attorney's fees and costs are paid priOI 10 or at the .ale and thaI the other IelluiremeDla of the mortgage are satisfied. YOU MAY ALSO HA VI: 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 TIDSDEFAULTCUREDBY 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 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. CONSUMElI. CUDIT COUNSELING AGENCIES SERVING YOUR COllNTY AlI.J: ATTACIIJ:D Very TrnlyYours. Amcrilluest Mortgage Company Ce: Amcriquest Ml>I\gage Company AUu: Colle<:tions Departmcnl Loan Number: 0085941746 Malled hy lot CI... Mail and by Certified MalI EF04Il2lHtl'l1-l111 Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interl'aith Housing Authority 40 E High Street Gettysburg, PA 17325 (717)334-1518 CCCS ofWestemPA 2000 Linglestown Road Harrisburg, P A ] 7] 02 1-888-511-2227 Community Action Commission ofCaptial Region ] 5] 4 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA ]7110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA ]7]]0 ] -800-342-2397 "'PA(l41INCPl2-~ p \h - s -.(- ~ () t; ~V\ "'l V( CY, I:< -'cJ ~ r -\- t -~ "", c ~ V) r -- o ( 1"-' 0 c~ "Tl ,~ ,,;'1 .-\ -~ ':1:-n '2r: rn~ (~.~ :;y~) ~ rv "\<, ..- --, -0 ,16 tI) ~~ 1f' - '..~ C,) to>" .:; :. '~~ ,-(. W ,....-,-- \:-"~ -. - SHERIFF'S RETURN - REGULAR CASE NO: 2005-04297 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS GARRETT MICHAEL L SHANNON SUNDAY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GARRETT MICHAEL L the DEFENDANT , at 1714:00 HOURS, on the 8th day of September, 2005 at 1215 INDIAN PEG ROAD MECHANICSBURG, PA 17055 by handing to JOSEPH GARRETT, SON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.40 .37 10.00 .00 34.77 So Answers: ~gcf~'c.c&~_~ R. Thomas Kline me this day of 09/09/2005 m~:,CQL~ Deputy Sheriff Sworn and Subscribed to before A.D. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire lD No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax 215-886-879] Attome s for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest MortgageSecuruities, Inc., Asset-Backed Pass-Through Certiticates, Series 2004- IA I under te Pooling and Servicing Agreement dated as of September I, 2004, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 05-4297 CIVIL ACTION v. Michael L.. Garrett 1215 Indian Peg Road Mechanicsburg, P A 17055 DEFENDANT. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against, Defendants for their failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in the Complaint $128,052.16 Interest from 08/11/2005 to 03/6/2006 $ 4.798.26 TOTAL $132,850.42 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as ,hown above, and (2) that notice has been given in accordance with Rule 23'Z ,copy attached. ' -' Richard M. Squire, Esquire' Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED /l~c ~ .' DATE:(fl~ ~~ [:/____ promo R F:\Clients\Amcriqucst\Garretl\Default JudgmentwpdJC l , , Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire One Jenkintown Station, Suite \ 04 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorne s for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest MortgageSecuruities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IA 1 under te Pooling and Servicing Agreement dated as of September I, 2004, Without Recourse IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 05-4297 PLAINTIFF, CIVIL ACTION v. Michael L.. Garrett 1215 Indian Peg Road Mechanicsburg, P A 17055 DEFENDANT. VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendants is/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 1215 Indian Peg Road, Mechanicsburg, PA 17055. This statement is made subject to the penaltieSZOf 18 Pa. C.S. Section 490~ relating to unsworn falsification to authorities. ;' l , , / ichard M. Squire,. Esquift~, /, Attorney for PlaIntIff / y' F'.\Clicnts\Amcriquest\Garrett\Default JudgmcntwpdJC 1 , , Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PAA 17013-3387 717-240-6 I 95 Date Deutsche Bank National Trust Company, as Trustee of Ameriquest MortgageSecuruities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IA I under te Pooling and Servicing Agreement dated as of September I, 2004, Without Recourse PLAINTIFF, v. Michael L.. Garrett \ 215 Indian Peg Road Mechanicsburg, P A 17055 DEfENDANT. NOTICE TO: Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, PAl 7055 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on fYl'::J ()/ L ": ;)nC>(.. , ajudgment(decree)(order) was entered against you in this office in the proceeding as indicated above. ~ Protho~~t , Deputy Prothonotary Date Mailed: F:\Clicnts\Ameriquest\Garrett\Dcfaul\ Judgmcnt.wpdJC 1 .' Richard M. Squire, Esquire LD, No, 04267 Richard M. Squire & Associates, LLC. One Jcnkintown Station, Suite 104 ll5 West Avenue Jcnkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest MortgageSecuruities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IAl under te Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO: 05-4297 CIVIL ACTION PLAINTIFF, MORTGAGE FORECLOSURE v. Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, P A 17055 DEFENDANT. TO: Michael L. Garrett 1215 Indian Peg Road Mechanicsbnrg P A 17055 DATE OF NOnCE: February 24. 2006 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMA TION 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Lawyer Referral Service Cnmberland Connty Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 f:\ClicntslAmeriquest\Garrctt\IO Day Notice.wpdVCl J0- e 7d 0 ~ (). 1l 1- \) +- \) 0~~~,U~ r 0) lV r ~ ~ D ~ ~ ~ +-- ~ ~ ~' --.. ~ ..-....: \: - '-'," .. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267/85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, v. Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, PA 17055 DEFENDANT. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 05-4297 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 03/06/2006 to 09/06/2006 @ $23.18 per diem * plus fees and costs .chard M. Squire, Esqu' Attorney for Plaintiff( s) ...__",4' .. r--- 0'1 N -.:t I In ~ o Z ~;:$ ~ o ~ ~ tZl :> 0.. <~e ~><O ~tZlU ,:l..Z_ ZZr/l 0~2 ~,:l..=lt:: ":::< "-.. t';l.... ~,......,s::= Uo E-< .9 'CiS Z1;j_ ~::>Z,:l.. OO~ E-<Uta ~Clo:l ::>ZQ) 0<-5 uHr/l ~~= :I:~Q) E-<o:lCl ~~ U ;> In In --g~ ~o- ~~< r'" Q) ,:l.. '-',:l.. ~ . 0.0 ~ ~ ~ - .... ..0 ~"'8 r/l ..r:: _.~ .~ In ~ ~-..r:: N C,) - Q) ~ 5 ~ u ~-- ;>< ~ ~ ~ ~..9 o g E--; ~ ~~ ~ bb Ot:: ~ 0 ~::E ~'-' - u ~ ~ U ...:loo:t ...:l~ <I) .,; <I) '3 ~ .-=: ~ "'8 ~ Q) Cl -i::i ..2 ~ >- 1..0 C' ~ ("') ~ N ~{:i: )--- . u~~ - ~~ j~f..j u: ,~_.- -, ~, :$g, ~'--- ~ --~ QCi2 ... ... , .- . ... >- c.:::CJ:: C") t.n t.L.tQ .~~ t LL! tu >- --,.. -j iE a<e:: iJCG ~ ... ... ... .... ~ 'GeL ~ .... .... " '- fJ L,- '-0 ...::.-:: <=::> ::J 0 = 0 C'-.J , i , I B () ~ S 8 S ~ "\) () ~ ~ G ~ ~ ~ f) .....J ::--..: , lJ') '&i ~ ~ C'Q ~ ~ 1 ~ Jl + -J :3 1 Qtj ~ ~ PJ ~ ~ ~ ~! J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4297 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-IAl UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2004, WITHOUT RECOURSE, Plaintiff (s) From MICHAEL L. GARRETT (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) Ifproperty 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 $132,850.42 L.L. $.50 Interest FROM 3/6/06 TO 9/6/06 - $4,265.12 - @ $23.12 PER DIEM * PLUS FEES AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $116.77 Other Costs Plaintiff Paid Date: MAY 31, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name RICHARD M. SQUIRE, ESQUIRE Address: ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, P A 19046 Attorney for: PLAINTIFF Telephone: 215-886-8790 Supreme Court ID No. 04267 JI -- Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkmtown,Pa19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass- Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4297 CIVIL ACTION MORTGAGE FORECLOSURE v. Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, P A 17055 DEFENDANT. AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1215 Indian Peg Road, Mechanicsburg, PA 17055: 1. Name and last known address ofOwner(s) or Reputed Owner(s): Michael L. Garrett, 1215 Indian Peg Road, Mechanicsburg, PA 17055 2. Name and last known address of Defendant(s) in the judgment: Michael L. Garrett, 1215 Indian Peg Road, Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Other ., "' 4. Name and address oflast recorded holder of every mortgage of record: None Other 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: P A Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare Attn : Legal Department Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 Domestic Relations Section Court of Common Pleas 13 N. Hanover Street P.O. Box 320 Carlisle, PA 17013-3387 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 1215 Indian Peg Road Mechanicsburg, PA 17055 .,/ , , VERIFICATION I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsific on to authorities. By: Date: May 26, 2006 >- a- <? f"':: U_,s;:-;? ~~ W !..L --l .-lU w...rE tL o ...., . .J l.O ('") N ~ c: C"") >- ...'!:'""'!"* :i: ~'J c--_"") C;:.:} ~ :..1 ~.~.:: ~_:J o 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 J enkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IAl under the Pooling and Servicing Agreement dated as of September 1,2004, Without Recourse Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4297 PLAINTIFF, CIVIL ACTION v. Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, PA 17055 DEFENDANT. CERTIFICATION Richard M. Squire, Esquire, hereby verifies that he is attorney for the Plaintiff in the above captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () An FHA Mortgage () Non-owner occupied () Vacant (X) Act 91 Procedures have been fulfilled This certification is made subject to the penalties of unsworn falsification to authorities. o s::: (0 C;'\ I"'-.J = ,= <:'h == :z.:.."" -< c." o ., --f :t" fTJ;:=== -orn gj ::SIT) ~ :n --< ~ N Richard M. Squire, Esquire 1.D. No. 04267 One Jenkintown Station, Suite 104 1I5 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4297 CIVIL ACTION MORTGAGE FORECLOSURE v. Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, P A 17055 DEFENDANT. AFFIDAVIT OF LAST KNOWN ADDRESSES I, Richard M. Squire, being duly sworn according to law, hereby depose and say that I am counsel for plaintiff in the above matter and that the last known addresses for the parties herein are as follows: Defendant: 1215 Indian Peg Road Mechanicsburg, P A 17055 Date: May 26, 2006 .' -.'1. ''"'<;' ~ c..v 0> "..:.> = = 0'''\ :Jt ::Da o .., :Tl FY'i i-::! -o/"n i~~ [sn'i ;g .n -< --<: c..) ....... ~. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire One Jenkintown Station, Suite 104 1I5 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorne s for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IAI under the Pooling and Servicing Agreement dated as of September I, 2004, Without Recourse IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4297 PLAINTIFF, CIVIL ACTION v. Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, PA 17055 DEFENDANT. VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that Defendant Michael L. Garrett is over 18 years of age and resides at 1215 Indian Peg Road, Mechanicsburg, P A 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 49 4 relating to unsworn falsification to authorities. F:\Clients\Ameriquest\Garrett\Default Judgment.wpdJC 1 :c;~. .~ ry (,'-~ 0"' r-...., = e::> en :::!il: :c.. -.;: c.." o II --I ~:n r- 1:1 fil :tJC:J (:g~tl ." (J i:snl --I ;p> .:0 -< -:-. 1"J -.... --"':.'. ....- ~ .. Richard M. Squire, Esquire LD. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 liS West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass- Through Certificates, Series 2004-IAl under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4297 CIVIL ACTION MORTGAGE FORECLOSURE v. Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, PA 17055 DEFENDANT. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, P A 17055 Your house (real estate) at 1215 Indian Peg Road, Mechanicsburg, PAl 7055 is scheduled to be sold at Sheriff's Sale on Wednesday September 6, 2006 at 10:00am, Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of$132,850.42 plus interest to the sale date obtained by Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass- Through Certificates, Series 2004-IAl under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay back to Deutsche Bank National Trust Company, as F:\Clients\Ameriquest\Garrett\ WRIT.MA Y06.wpdBC .L. ... Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IAl under the Pooling and Servicing Agreement dated as of September 1,2004, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire 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 Sheriffs Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6195. 4. Ifthe amount due from the buyer is not paid to the Sheriff, you will, remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 and 800-990-9108 Be ., . .. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IAI under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, v. Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, PA 17055 DEFENDANT. Date: May 31, 2006 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4297 CIVIL ACTION MORTGAGE FORECLOSURE To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Michael L. Garrett PROPERTY: 1215 Indian Peg Road Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale, Wednesday September 6, 2006 at lO:OOam, Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. o C r~ --7- .:~ ......, r.:-:.:...-, C::::.r en ? .J-". -< (...) o .1 :r!1l nl- r- -Dm :-,~JO ;5~ <3m --t p ::0 -< ~~ -.i: N (,) (j) <... Deutsche Bank National Trust Company, As Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass- Through Certificates, Series 2004-IAl under the Pooling and Servicing Agreement dated as of September 1, 2004 Without Recourse VS Michael L. Garrett In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4297 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 Richard Squire. Sheriff's Costs: Docketing Surcharge Prothonotary Law Library Poundage Postpone Sale Advertising Levy Posting Handbills Mileage Share of Bills Patriot News Law Journal 30.00 20.00 1.00 .50 529.54 20.00 15.00 15.00 15.00 7.04 19.31 297.80 365.00 $1,335.19 ,/ iO/Dt../()(, ~ So ~wiJII. ;;. ~ ~~~~ ?..f~ R. Thomas Kline, Sheriff j \ st> , ~)5')4q ~/~39V? . Richard M. Squire, Esquire J.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jeruontown,Pal9046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass- Through Certificates, Series 2004-IAl under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4297 CIVIL ACTION v. j MORTGAGE FORECLOSURE Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, P A 17055 DEFENDANT. AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IAl under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1215 Indian Peg Road, Mechanicsburg, PA 17055: 1. Name and last known address ofOwner(s) or Reputed Owner(s): Michael L. Garrett, 1215 Indian Peg Road, Mechanicsburg, P A 17055 2. Name and last known address ofDefendant(s) in the judgment: Michael L. Garrett, 1215 Indian Peg Road, Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Other ." 4. Name and address oflast recorded holder of every mortgage of record: None Other 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: P A Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare Attn : Legal Department Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 Domestic Relations Section Court of Common Pleas 13 N. Hanover Street P.O. Box 320 Carlisle, PA 17013-3387 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 1215 Indian Peg Road Mechanicsburg, PA 17055 '. VERIFICATION I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsific on to authorities. By: Date: May 26, 2006 " Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire rD. Nos. 04267/85165 One J enkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4297 PLAINTIFF, CIVIL ACTION v. Michael 1. Garrett 1215 Indian Peg Road Mechanicsburg, PA 17055 DEFENDANT. CERTIFICATION Richard M. Squire, Esquire, hereby verifies that he is attorney for the Plaintiff in the above captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () An FHA Mortgage () Non-owner occupied () Vacant (X) Act 91 Procedures have been fulfilled This certification is made subject to the penalties of unsworn falsification to authorities. '. Richard M. Squire, Esquire LD. No. 04267 One Jenkintown Station, Suite 104 115 West Avenue J enkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass- Through Certificates, Series 2004-IAl under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA NO. 05-4297 CIVIL ACTION MORTGAGE FORECLOSURE v. Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, P A 17055 DEFENDANT. AFFIDAVIT OF LAST KNOWN ADDRESSES I, Richard M. Squire, being duly sworn according to law, hereby depose and say that I am counsel for plaintiff in the above matter and that the last known addresses for the parties herein are as follows: Defendant: 1215 Indian Peg Road Mechanicsburg,PA 17055 Date: May 26, 2006 '. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorne s for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IAl under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4297 PLAINTIFF, CNIL ACTION v. Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, PA 17055 DEFENDANT. VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that Defendant Michael L. Garrett is over 18 years of age and resides at 1215 Indian Peg Road, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 49 4 relating to unsworn falsification to authorities. F:\Clients\Ameriquest\Garrett\Default Judgment.wpdJC 1 .. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue J enkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IA1 under the Pooling and Servicing Agreement dated as of September 1, 2004, Without Recourse PLAINTIFF, v. Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, PA 17055 DEFENDANT. Date: May 31,2006 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4297 CIVIL ACTION MORTGAGE FORECLOSURE To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Michael L. Garrett PROPERTY: 1215 Indian Peg Road Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale, Wednesday September 6, 2006 at 10:00am, Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. .. Richard M. Squire, Esquire J.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IAl under the Pooling and Servicing Agreement dated as of September I, 2004, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V AN1A NO. 05-4297 CIVIL ACTION MORTGAGE FORECLOSURE v. Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, PA 17055 DEFENDANT. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, PA 17055 Your house (real estate) at 1215 Indian Peg Road, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriffs Sale on Wednesday September 6, 2006 at 10:00am, Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of$132,850.42 plus interest to the sale date obtained by Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IAl under the Pooling and Servicing Agreement dated as of September 1,2004, Without Recourse against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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 F:\Clients\Ameriquest\Garrett\ WRIT.MA Y06.wpdBC . . Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-IA1 under the Poolingal1d Servicing Agreement dated as of September 1,2004, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire 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 fmd out the price bid by calling the Cumberland County Sheriffs Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6195. 4. If the amount due from the buyer is not paid to the Sheriff, you will, remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the 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 Be WRIT OF EXECUTION and/or ATTACHMENT , COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-4297 Civil CNIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERlQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED P ASS- THROUGH CERTIFICATES, SERIES 2004-IAl UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2004, WITHOUT RECOURSE, Plaintiff (s) From MICHAEL L. GARRETT (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 gamishee(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) Ifproperty 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 $132,850.42 L.L. $.50 Interest FROM 3/6/06 TO 9/6/06 - $4,265.12 - @ $23.12 PER DIEM * PLUS FEES AND COSTS Arty's Corom % Due Prothy $1.00 Arty Paid $116.77 Other Costs Plaintiff Paid Date: MAY 31, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name RICHARD M. SQUIRE, ESQUIRE Address: ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8790 Supreme Court ID No. 04267 u o u....~ u.... ~>-: w~ ::x:~ tI)_.1 o We.....' ~c::, ll...~ o<,~ W&! (..) Lt.! -:-m ~x: o:;;:l (i) Real Estate Sale # 78 On June 06, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 1215 Indian Peg Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. co N 0- <( Date: June 06, 2006 By: N I :z: ::::> ~ .....<::> = = ...... .. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 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. SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 r NOT ARI L SEAL [ LOIS E SNYDER, Notary Public ( Carlisle Boro, Cumberland County r My Commission Expires March 5. 2009 t.L..........~.,___...~ I REAL ESTATE SALE NO. 78 Writ No. 2005-4297 Civil Deutsche Bank National Trust Company as Trustee of Ameriquest Mortgage Securities. Inc.. Asset-Backed Pass-Through Certificates Series 2004- IAl under the Pooling and Servicing Agreement dated as of September 1. 2004. Without Recourse vs. Michael L. Garrett Atty.: Richard M. Squire LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Monroe. County of Cumberland. and Com- monwealth of Pennsylvania. being more particularly bounded and de- scribed as follows. to wit: BEGINNING at an iron pin at the comer of land now or formerly of David Paulus and other lands now or formerly of Robert Moffitt; Thence along said lands now or for- merly of Robert Moffit. South 81 degrees 30 minutes West for a dis- tance of one hundred forty-two and nine tenths (142.9) feet to an iron pin; thence along lands now or for- merly of C. R. Minnich. South 65 degrees 58 minutes West. for a dis- tance of thirty-eight (38) feet to an iron pin; thence along lands formerly of Edward L. Miller. and now of Walter L. Berkheimer and Martha E. Berkheimer. his wife North 8 degrees 53 minutes 50 seconds West. for a distance of two hundred sixty-nine and one tenth (269.1) feet to a stake; thence along lands now or formerly of Walter L. Berkheimer and Martha E. Berkheimer. and con- tinuing along land of William Goodyear. North 75 degrees 25 min- utes East. for a distance of one hun- dred eighty and no hundredths (180.00) feet to a stake; thence along lands now or formerly of Davis Paulus. South 8 degrees 48 min- utes 30 seconds East. two hundred seventy-eight and no hundredths (278.00) feet to an iron pin at the place of BEGINNING. BEING known and municipally numbered as 1215 Indian Peg Road. Mechanicsburg. Pennsylvania 17055. Parcel No. 22-12-0348-138. .. 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 in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. 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 S ALE #78 NNSVLVANIA Notarial Seal Terry l. Russell, Notary. Public C' 01 Harrisburg, DauphIn County mis . res June 6,2010 ania Association of Notaries I CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 '9 ",.,! ~; , -I':