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HomeMy WebLinkAbout06-5888 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY 1.0. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-Rl UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1,2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Ole. - SPP? C,o;tT~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Term No. CIVIL ACTION: MORTGAGE ~~L08UfqE vs. BRIAN A. ROTT BRENDA M. ROTT Mortgagors and Real Owners 102 Lincoln Street Enola, P A 17025 Defendants 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for 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 LAWYER 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 LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENT ADAS, ES ABSOLUT AMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES ~ECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQuI ABAJO. EST A OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE P AGARLE A UN ABOGADO, EST A OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S web site www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure 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 firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of AMQ-1330. Para informacion en espanol puede communi carse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INe., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2004, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The names and addresses of the Defendants are BRIAN A. ROTT, 102 Lincoln Street, Enola, P A 17025 and BRENDA M. ROTT, 102 Lincoln Street, Enola, P A 17025, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On September 02,2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1834, Page 2498. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1,2004, WITHOUT RECOURSE by assignment of Mortgage, which is 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 10 19(9); which Rule relieves 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 legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for June 01, 2006 and each month thereafter and by the tenns the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance....................................................................................$ 76,312.25 Interest from 05/01/2006 through 10/31/2006 at 7.7500%.......................$3,023.11 Per Diem interest rate at $16.43 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph...................$3,815.61 Late Charges from 06/0112006 to 10/31/2006.............................................$268.88 Monthly late charge amount at $33.61 Costs of suit and Title Search ......................................................................$900.00 Escrow Advance...................................................................................... .$2,3 72.24 Fees............................................................................................................. .$106.00 Recoverable Balance..................................................................................... .$15.00 Suspense..................................................................................................... -$637.43 Monthly Escrow amount $337.85 $86,175.66 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. 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 Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $86, 175.66, together with interest at the rate of$16.43, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: ~ A. '6~~ L BECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Nancy 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. [0. (!)f)-Oh Date: ~lii6it Jl 08/25/2003 14119 . ,... 1D~1a1 8/25/03 I I .It - '0_" ~~: OOOOl~1l3 0: . IRe: adlll A. aott I i1=-tmda N. ftOt:t. I 102 LIN tN STREET ~NOL1\, i' 17025 CUH~m 0 Copnty ~:taJ:'t 'A' All THAT CERTAIN piece o~ pa~oel of land situate ~n lilast P~flnflboX'D !o~bhip,. Cumba~l~d County, ecnnay~vQniQ( ~o~o ~a~t!eUl~~~~ bounqed and deaoribed in acco~aMe With B survey made j:ly P. P. RIl sllllparger A88ocia~.s, ~nginae~8 and au;ve~o~Q, da~oq ~OV9~9~ 21, t9 i D~aw1ng No. 355-126, as follows, to wi~1 ' B14rNMtNQ ~t .~ t~on pin on ~h~ A~At~~ ~iQ~ of Linco~n 9t wide~ unopenedl, 70 feet North of the northeast cotM3: of Perry streets I thence along the eastern slqe of Lincoln st 09 degrees 15 minutaa West, a distanoe of 60.00 feet to a a~on~ the soUthe~ 11ne of Lot No. 19, !loo~ E, on ~~e her mentioned plan ot lots, North 80 de~aes 46 minu~es tast, 140.00 feet to an iron pin, thence alona the we9te~n line · wlde alley, SOUth 09 deq~ees 15 ~lnu~es mast, a dlstance 0 to an 1~on. plns ~enoe alonq ~he ~o;thern ~lds ot Lot ~a, Z on the hereinafter mentioned plan o! lot~, South 80 deqreca W~=t, a Q~atancB of 140.00 teet to an ~.on ptn, the p~ac~ BBING Lat. No~, ~O ~nq 21, 81aok ~, in tn~ co~.cl~dQte~ ~l Add1t1on to Ino1_, aD ~oPQ~de~ tn the Office ot the aeoo~ in and for CpmbarlQnd Co"n~YI ~.~ flqn BQo~ 1, fq~Q 97. HAVING ~HaR;oN Sa~O~Bp a one-~tony f~~me ~u~g41o~( ~~own a 102 Ltncoln S~reat, 'no~a, ~Bnnaylvan~a. TOGETHaR W.,H a cexta1n ;ight of way ~O~ ~ wat9~ ltne t~om and Karle Len, hii wtfe, q~teq ~qqst ~O, 19~a, and reaQ Hi8c~11an.oua Bock 79, Page 20~. UTilPElt }liNP guaJJlC'l', neve+thlll+u" to 'UUliNllentll, rast;Jd.ct:ioOJil, . rese~'O'aUOh8, oonclitiona and dg'hes o~ way of: record. li!1:, (50' nooln and et, North pep thence nat1:E1r c1~.8tance o! a. 15 feet 60 ..00 reet , Block 1!i, 4!l minute.!! ElmGImUNG I of flacpy'5 'il' 0: Deeds Len h~; CI afG NO. 90S ~4 "ma: 2:09:~ PM orljer Number 000014713 ~lii6it (B P.O, Dox 11"' S....A...CA '2711-lt. UIIIIIIII mY' AMC MORTGAGE SERVICES 7182 6389 3060 0861 9106 August 02. 2006 BRIAN A ROTT BRENDA M ROTT 102 LINCOLN ST ENOLA. PA 17025 ., "Ie ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OJ' POLICY Loan Number: 0051660702 Property Address: 102 LINCOLN STREET. ENOLA PA. 17025 0rigiDal LeDder: AMC Mortgage Services. IDe. CUDCDt Lcndcr/Scrviccr: AMC Mortgage Services. IDe. Tms J'IIlM IS A DUT COLLECTOR ATTJ:MPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TTJ:MPT TO COLLECT TBJ: INDEBTEDNESS llJ:J'J:llIlJ:D TO HEIlJ:IN AND ANY INJ'OIlMATION OBTAINJ:D nOM YOU WIU. BE USED J'OR THAT PUIlPOSE. 0' YOU HA VI: PIlJ:VIOUSLY IlJ:CEIVJ:D A DISCHAllGE IN BANKRUPTCY, THIS COllllJ:SPONDENCJ: IS NOT AND SHOULD NOT BE CONSTRUJ:D TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENJ'ORCEMENT OJ' A Ln:N AGAINST PRonRTV. TIlis is u oRid.. .otice tIlat tile ..ort... 011 YOIlr lI_e is ia deluh. ud tile leader iatea" to foreclose. SIIft. i.f_dOll ....t tile ..tare or tile delult is Drorided ia tile attaelled DaHL TIle HOMEOWNJ:R'S MORTGAGE ASSISTANCE PROGRAM (llJ:MAP) ..n be able to II. to laYe YOIlr II_eo TIIis Notiee ftDlai.. 11_ tile DI'OUUIl works. To see if HJ:MAP eullelD. YOIl ..... MEET WITH A CONSUMJ:R CUDIT COUNSELING AGENCY WITHIN 30 DAYS OJ' TBJ: DATE OJ' THIS NOTICE. Take Ws Notice witIt 'fOIl wllea 'fOIl ..eet witIt tile C_tdi.. AHlIn. TIle ....e. addreu ud DIIOIle ....ber of COIl_er Credit COIl.lelia. A..deslerri.. YOIlr COIl.ty are listed at tile ead or tIlit Notiee. If 'fOIl lIaft U'f nestiou. Y08 ..n eatl tile PeunlYui. H_... J'iauee AHlIn toll free at l-100-U2-2397.(Pel'lOll' witIt .DIked lIearia. eu eatl (717) 7lt8-1869). TIli. Notiee _taiu i..portaat IepI iafonaatiOll. If y_ lIaye uy q.estiOIll, represeatatiYes at tile COIl_er Credit C_uelia. Aaaaey ...y be able to lIe1p uplaia it. YOIl ...y "10 wut to COIltaet u attoney la JC!8r areL TIle loe" bar auoeiatiOll ..ay be able to lIe1p y_ fi.d a lawyer. LA NOTO'lCACION EN ADJUNTO ES DE SUMA IMPORTANCIA. PUJ:S AJ'J:CTA SU DEIlJ:CHO A CONTINUAIl VIVIJ:NDO EN SU CASA. SI NO COMPIlJ:NDE EL CONTJ:NIDO DE ESTA NOTO'lCACION OBTENGA UNA TRADUCCION INMJ:DITAMJ:NTE LLAMANDO ESTA AGENCIA (pENNSYL VANIA HOUSING J'INANCE AGENCY) SIN CARGOS AL NUMJ:RO MENCIONADO [FtIIAV!NCP"-. Also doing business as DeI.WIIIe AMC Mortgage Services. Inc_. in the states of TeXllS. Rhode Island, and New Hampshire. ARRIBA. pmDES SER ELEGIBLE PARA UN PUSTAMO POR EL PROGRAMA LLAMADO "HOMJ.:OWNJ.:R'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL pmDE SALV AR SU CASA DE LA PERDIDA DEL DEUCHO A UDIMIR SU BIPOTECA. HOMEOWNJ.:R'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR J'INANCIAL ASSISTANCE WIDCB CAN SAVE YOUR HOME PROM FOUCLOSUIlJ: AND BJ:LP YOU MAD J'UTUIlJ: MORTGAGE PAYMENTS IJ' YOU COMPLY WITH TIIJ: PROVISIONS OF TIIJ: HOMJ.:OWNJ.:R'S EMERGENCY MORTGAGE ASSISTANCE ACT 01'1983 (TIIJ: "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: " IJ' YOUR DEFAULT BAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, " IJ' YOU HAVE A UASONABLJ: PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND " IJ' YOU MEET OTBJ:R ELIGIBILITY UQUIRJ:MJ.:NTS ESTABLISBJ:D BY TIIJ: PENNSYLVANIA HOUSING J'INANCE AGENCY. TEMPORARY STAY OF FOUCLOSUIlJ: - UDder the Act, you are entitled to a temporary stay offoreclosUlC on you mortgage for thirty (30) clays from the elate of this Notice. During that time you must lIlIlIDge ad attend a fac:c-to-face mc:ctiDg with one of the COIllll1llC1' crcclit counseq ageDcicslisted at the ead of tIlis Notice. THIS MEETING MUST ocm WITHIN TID: NEXT (30) DAYS. IF YOU 00 NOT APPLY 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. CONSUMJ:R CUDIT COUNSELING AGENCIJ:S - If you meet with ODe of the COIllll1llC1' crccIit counseling ageDCV listccl at the end of this nouce. the lender mav NOT take action llpinq vou for thirtv (30) clavs after the date of this mcctiDa. TIle DIIIIlCS. addresses aDd tcleohone numbers of dcsil!lllltcd COIII1IIIler creclit C01llllClin2 uencics for the county in which the DlOIICrtv is located arc set forth at the end of this Notice. It is only ncccssary to scheclule one fac:c-to-face meetiDg. Advise your IcDder immecliatcly of your intcntiODl. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a clcfauh for the re&IODI set forth later in this Notice (see following pages for specific iDformation about the nature of you dcfauh,) If you have UiecI aDd are 1IIIIIble to resolve this problem with the lender, you have the right to apply for fiDaDcial assi&t8DCe from the HolDCOWllCr's Emergency Mortgage Assistance Program. To do so, you must fi)] out, sip aDd file a completed HomCOWDCr's Emergency Assistance Program Application with ODe of the clcaipatcd collSlllller credit counseling agcacieslistccl at the cDd of this Notice, Only CODlumcr creclit co1llllCliDg agencies have applications for the program ad they will assist you in submitting a complete application to the PCDDSyIvania Housing Finance Agency. Your application MUST be filed or posbI1lIrkcd within thirty (30) clays of your fac:c-to-fac:c meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IJ' YOU FAIL TO DO SO OR IJ' YOU DO NOT FOLLOW THE OTBJ:R TIMJ: PERIODS SET FORTH IN THIS LETTER, FOUCLOSUIlJ: MAY PROCEED AGAINST YOUR HOME IMMJ.:DIATEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIJ:D. AGENCY ACTION - Available funds for emergency mortgage assistance arc VCiy limited. They will be cUsbursecI by the Agency under the eligibility criteria established by the Act TIle PcDnsyIvaDia Housing FiDaDce Agency has sixty (60) clays to male a decision after it receives your application. During that time, no foreclosure proceecliDgl will be pursued agaiDst you if you have met the time requirelllCldl set forth above. You will be notified directly by the PcllDlylvania Housing Finance Agency of its clccision on your application. EI'OIIO..-.cm-ra August 02, 2006 Loan Number: 0051660702 NOTE: I]l' YOU AU ClJIlUNTLY PIlOTECTED BY TIlE I'ILING OJ' A PETmON IN BANKRUPTCY, THE J'OLLOWING PART OJ' THIS NOTICE IS J'OIlINJ'()IlMATION PURPOSES ONLY AND SHOULD NOT BE CONSmEUD AS AN A TTJ:MPT TO COLLECT THE DEBT. (If yu. line filed buknptey y.. eu still apply for E..erpacy Mortlaae A_RoeL) HOW TO C1JIlJ: YOn MOIlTGAGE DJ:J'AULT lBri.. it.D to datel. NATURE OF THE DEF AUL T -The MORTGAGE debt by tile: above lender on your property located at: 102 LINCOLN STREET, ENOLA, P A 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HA YE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following moDths aucI the foDowiDg amounts are DOW past clue: 06/01106 thru 08/01/06 at $898.09 per month Monthly Payments plus late charge or other fees: $2858,50 Total Am..at to Cue Befult: S1858,SO B, YOU HA VI: J'AILED TO TAKE TIIJ: FOLLOWING ACTION (Do aot ale if aot uDlieable): NIA HOW TO CUD THE DEJ'AULT-You may cure thedefauItwitbin THIRTY (30) DAYS oftheclate of this notice BY PAYING TIlE TOTAL AMOUNT PAST DUE TO TIlE LENDER, WHICH IS $2858.50 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIllCH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or mOllev order made payable and sent to: AMC Mortgage SeIvices 505 City Parkway West, Suite 1100 Orange, CA 92868 You can cure any other default by takiDg the following action within THIRTY (30) DAYS of the elate of this letter: (Do not use if not allDlicable,) NI A I]l' YOU DO NOT CUD THE DJ:J'AULT--Ifyouclo not cure the default witbinTHIRTY (30) DAYS of the date of this Notice, tile leader la_tit to nerdle its riD" to aeeelerate tile ..ortu. debt. This IIlClID8 that the entire outstancling balance of this debt will be considered clue immecliately and you may lose the chance to pay the mortgage in monthly in.....Oments, IffuII payment of tile: toIaI amount past clue is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose a,.. YOtlr ..ortaaHd ,roue""". I]l' THE MOIlTGAGE IS J'OUCLOSED UPON - The mortgaged property will be sold by the SheritTto pay off the mortgage debt. If the IencIer refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay tile: reasonable attorney's fees that were actuaDy incurred, up to $50.00. However, if legal prv-.ti1lp are started against you, you wiD have to pay aD reasoDable attorney's fees actually iDcurred by the lendCl eftn if they exceecl $50.00. Any attomey's fees will be added to the 8DlO1IIlt you owe tile: lender, which may also include other reasoDable COIIts. If,.. are tile defaah witltla tile THIIlTY (30) DAY IIcried. ,.. wiD aot be recamred to lIa, attonlcy's fees. OTIIEIl LENDEIl UMEDIES - The lender may also sue you persoual1y for the unpaid principal balance and aD OthCl sums clue under the mortgage. IlIGHT TO CUD TIlE DEJ'AUL T PIlIOIl TO SBEIlIJ'Ii"S SALE -If you have not curecl the default within the THIRTY (30) DAY period and foreclosure proceeclingJI have beguD, you stilI have the rigid to cure the d.,fAnlt and prevent the sale at any time 1IIl to one hour before the Sherifl's Sale. You may do so by paying the toIaI amount then past due, plus any late or othCl charges thell clue, reasonable attorney's fees and costs collllCcted with the foreclosure sale and anv other costs COllDected with the Sheriff's Sale as SDCCified in writin2 by tile: lender and by lFOoIOf:krl2-_ perform..., any other requirements UDder the mortgage. Carlaa YGar delalt ia tile .....er llet fortll in t1tiJ .odee will restore yo.r mortpp to tile .ame positioa .. if yo. bad .eyer clefalteel. EAIlLIEST POSSIBLE SlIJ:llIJ'J"S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortpged property could be held would be approximately (6) MONTHS from the elate of this Notice. A notice of the actual cIate of the Shcrift's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the leader. HOW TO CONTACT TBJ: LENDER: AMC Mo.....ae Senieet PO Box 11000 Sot. AIla, CA ':Z711-1000 PIloae N...ber 1I00...UO-S:Z6:Z FD N...ber 71....347-5037 EJ'JI'J:CT OF SIIJ:RIJ'J"S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any ame, ASSUMPTION OF MORTGAGE - You _ ".y or -L ".y .ot (CHECK ONE) seD or tIaIlIfcr your home to a buyer or tIlInsfercc who wiD lIBB1IIIle the mortgage debt. provided that all the out...........g payme..... charges md aUomcy's fccs and costs arc paid prior to or at the sale and that the other rcquircmenu of the mortgage arc satisfied. YOU MAY ALSO HAVE THE RIGHT: .. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TInS DEBT. .. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, .. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSmON 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 DEF AUL T 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. CONSUMJ:R CUDIT COUNSELING AGENCIES SERVING YOUR COUNTY AIlJ: ATTACllJ:D Very Truly Yours, AMC Mortgage Services Cc: AMC Mortgage Servicc. AUn: Collc<:tiou Department Loan Number: OOSl660702 Mailed by 1st a.. Mail ..d by Certif'1Cd Mail UMOlJJCI"t2.. 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 LingJestown Road Harrisburg, P A 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, P A 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 17110 1-800-342-2397 A'AOIlINa't2-1lI N (:J ~ t i. CI) !'1 ~ D ~ ~ ~~ ......... ~ () ...... ~ E~ ?3~ :J _ . _.' , -T1 <:..) .~ ... 2 ~.~.~. B :_'--' :T~ (/j .,;: :."'J ,. _< S.-) ,-,) - " n ~.~r~ \.:,) :31 GO~1)BECK McCAFFERTY & McKEEVER ijY: Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1,2004, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County No. 06-5888 Plaintiff vs. BRIAN A. ROTT BRENDA M. ROn (Mortgagor(s) and Record owner(s)) 102 Lincoln Street Enola, P A 17025 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. !JIt~- JOSEPH A. GOLDBECK, JR., ESQUIRE (') c. ~ "\) r:-' rnr" ;;;c ", :1: . -:'.:.- l~f. j;~; ~ - ~ = = Q.... c::::l f""1 C:-J I c..n :2 .....- ~ :1:n rn- r;::: """"lr, . .~;~19 .~S:~ :';-t~ S ~ N .. ()1 CP -'. SHERIFF'S RETURN - REGULAR ~ CASE NO: 2006-05888 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ROTT BRIAN A ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROTT BRIAN A the DEFENDANT , at 1734:00 HOURS, on the 19th day of October , 2006 at 102 LINCOLN STREET ENOLA, PA 17025 by handing to BRENDA M ROTT, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directin~ Her attention to the contents thereof. Sheriff1s Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13.20 .00 10.00 .00 41. 20Y' 10/20/2006 ~ I ( / b'1(O(, GOLDBECK MCCAFFERTY ?"~~ R. Thomas Kline MCKEEVER Sworn and Subscibed to By: !ld-" ~~- Deputy Sh~riff before me this day of A.D. " ,-# " SHERIFF'S RETURN - REGULAR CASE NO: 2006-05888 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ROTT BRIAN A ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROTT BRENDA M the DEFENDANT , at 1734:00 HOURS, on the 19th day of October , 2006 at 102 LINCOLN STREET ENOLA, PA 17025 by handing to BRENDA M ROTT 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 So Answers: ~ 6.00 .00 .00 10.00 .00 16.007 "I b'i 101, to i~~~'~~ R. Thomas Kline 10/20/2006 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscibed By: tf~. ~~ Deputy Sne ff before me this day of A.D.