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Home My WebLink About06-6772GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF C_7? DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff VS. PATRICIA A. HENNEGHAN Mortgagor and Real Owner 134 W. Penn Street Carlisle, PA 17013 Defendant Term CIVIL AQQ3f?t?RTC?,?'?? POR CLCRUflE 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, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL -PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. 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 LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 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 website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-211-6926 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 our toll free number at 1-866-413-2311 or via email at homeretention(a),goldbecklaw.com. Call Judy 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-1464. Para informacion en espanol puede communicarse 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, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The names and addresses of the Defendant is PATRICIA A. HENNEGHAN, 134 W. Penn Street, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On December 23, 2002 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 1808, Page 1294. The mortgage has been assigned to: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, 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 1019(g); 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 terms 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 ....................................................................................$60,214.44 Interest from 05/01/2006 through 11/30/2006 at 10.7500% .....................$3,847.72 Per Diem interest rate at $17.98 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$3,010.72 Late Charges from 06/01/2006 to 11/30/2006 .............................................$217.97 Monthly late charge amount at $36.33 Costs of suit and Title Search ......................................................................$900.00 Escrow Advance ..........................................................................................$828.58 Fees ..............................................................................................................$106.00 Recoverable Balance ....................................................................................$125.00 Monthly Escrow amount $248.94 $69,250.43 7. If the Mortgage is reinstated prior to a Sheriff s 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 Rersonam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has 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 Defendant 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 Defendant 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 Defendant 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 $69,250.43, together with interest at the rate of $17.98, 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 Sheriff's Sale of the Property. By; 7 A4-)k i)h A, L-ak,2?' WVV L BEC McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Nanci Jimenez, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: U 1-2,eL [0 Cc Nanci Jimene , Forec)bsure Supervisor AMFIZTOT TF,S O GAGE CORPORA E?hibit A 4, File Number: 524959 Description: Exhibit "A" The land teferted to herein is situated in the State of Pennsykat ia, County of Cumberland, City of Carlisle described as follows: ALL THAT CERTAIN LOT OF GROUND IN THE,BOROIJGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 4 OF THE. FINAL SUBDIVISION PLAN FOR CARLISLE OPPORTUNITY HOMES, INC., AS RECORDED IN THE-OFFICB OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 68, PAGE 91, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE DIVIDING LINE BETWEEN LOTS 3 AND 4 OF THEAFORESAID SUBDIVISION PLAN; THENCE NORTH 04 DEGREES 49 INIIfJUTES 48 SECONDS EAST A DISTANCE OF 59.78 FEET TO A POINT, THENCE CONTIlWING SOUTH 06 DEGREES 17 MINUTES 37 SECONDS PAST A DISTANCE OF 50.62 FEET TO AN IRON PIN; THENCE ALONG WEST PENN STREET SOUTH 83 DEGREES 53 MINUTES 54 SECONDS WEST A DISTANCE OF 32.38 FEET TO THE POINT OF BEGINNING. SOURCE OF TITLE: BOOK 230 PAGE 320 (RECORDED 10/04/2000) APN: 05-20-1798-143 T Ccrtify this to be recorded In Cumberland County PA law s ? yti? _ Recorder of Deeds BK I 8 0V ) Ol;LJ 19:0:47 AIR P= - R. srid9ea Xm,X 7pnM mdammdae Page JefS Exhibit (B "AMC MORTGAGE SERVICES August 02, 2006 134 W PENN ST CARLISLE, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OF POLICY Loan Number: 0041856964 Property Address: 134 W PENN ST, CARLISLE PA, 17013 Original Lender: AMC Mortgage Services, Inc. Current Len"Servicer: AMC Mortgage Services, Inc. THIS FIRM IS A DEBT COLLECTOR ATTZMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDZBTZDNZSS RZFZRRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DZBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is as ~&I scone that the sortann on your rose is Is detank and the leader intends to foreclose. Soeeitie iafersades about the nature of the ddauk is provided In the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HZMAP) may he able to help to save you hose. This Nedee explain how the proaram works. To we N HEMAP can help you must MZZT WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with Yom whem You meet with ?e Counseling Agency. This Notice coataias important legal inforsatiea. If yea have any questions, represeatadves at the Coammer Credit Counseling Agsaey may be We to help explais k. Yom may also want to metad as attorney is your area. The local bar association may be able to help you bad a lawyer. LA NOTIFICACION ZN ADJUNTO ES DZ SUMA IMPORTANCIA, PUSS AFECTA SII DZRZCHO A CONTINUAR VIVIENDO ZN SII CASA. SI NO COMPRZNDZ EL CONTZNIDO DE ZSTA NOTIFICACION OBTZNGA UNA TRADUCCION WMZDTTAMZNTZ LLAMANDO ZSTA AGZNCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SW CARGOS AL NUIVIZRO MENCIONADO Also doing business as Delaware AMC Mortgage Services, Inc., in the states of Texas, Rhode Island, and New Hampshire ARRIBA. PUZDES SIR ELZGIBLE PARA UN PRZSTAMO POR BL PROGRAMA LI"ADO "HOMEOWNER'S IMZRGZNCY MORTGAGE ASSISTANCE PROGRAM" ZL CUAL PUZDZ SALVAR SU CASA DZ LA PZRDIDA DEL DZRZCHO A RZDBM SU HIPOTECA. HOMEOWNER'S EMERGZNCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ZLIGIBLZ FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURI AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMZRGZNCY MORTGAGE ASSISTANCE ACT OF 19x3 (THE "ACT"), YOU MAY BE ZLIGIBLZ FOR ZMZRGZNCY MORTGAGE ASSISTANCE: z IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, : IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND : IF YOU MEET OTHER ZLIGIBILITY RZQUIBEMZNTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORZCLOSIIRE - Under the Act, you are emida to a temporary stay of f0recloaure on your mortgage for thirty (30) days from the dab of this Notice. Daring that time you mast arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the ed of this Notice. THIS NOTICE CALLED 'HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. ....ve?m no:nrr rnTrwarr_TNr_ AriNVMq - If vest med with one of the consumer credit coanlelini the county in which the Pm2ga is located an set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your leader immediabk of your intentions. APPLICATION FOR MORTGAGZ ASSISTANCE - Your mortgage is in a default for the reasons set forth Ida in this Notice (see following pages for specific information about the satme of your default.) Mrs have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application wish one of the designated consumer credit coundiong agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in sobmilting a oompleb application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmadced within thirty (30) days of your face-to-face meeting. YOU MUST FII.E YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER 1MK Z PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME Utt[111ODIATZLY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available fonds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to mate a decision after it receives your application Daring that time, no foreclosure proceedings will be pursued against you if yon have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application August 02, 2006 Loan Number: 0041856964 NOTE: IF YOU ABLE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed badrruptey you can so apply for Eneegeney Mortgap Ansistaske.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it on to date). NATURE OF THE DEFAULT -The MORTGAGE debt by the above lender OR your Properly located at 134 W PENN ST, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 06101106 tbru 08101/06 at $716.61 per mod? Montbly Payments phis late charge or other few: $2248.40 Total Anoutt to Can Default: $22411.40 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if sot applicable): N/A HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $224f.40 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments mast be made either by cask cashier's check certified check or mosey order made payable and sent to AMC Mortgage Services 505 Cily Parkway Weal, Sale #100 Orange, CA 92868 You can core any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if out applicable) N/A IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the leader intends to exorcise its dghb to aoedende the mortgage deft. Thu means that the entire outstanding balance of this debt will be considered due immediaWy and you may lose the chance to pay the mortgage in monthly installments. If full payment of the told amount past doe a not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to on legal action to foreclose no your nortgaaed Rmgft• IF THE MORTGAGE IS FORECLOSED UPON - The motgaged properly will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your cane to its sttomeys, but you care the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's few that were actually incurred, cep to $50.00. However, if legal proceedings are stated against you, you will have to pay all reasonable attorney's few actually incorrect by the leader even if they exceed $50.00. Any attorney's few will be added to the amount you owe the lender, which may also include other reasonable costs. If van care the delank within the THIRTY (30) DAY period, you will not be required to pay attoney's fees. OTHER LENDER REMEDIES - The lender may also we you persomlly for the unpaid principal balance and all other mms doe oiler the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cared the default within the THIRTY (30) DAY period and foreclosure proceedings have began, yin still have th`rigM to cure the default late err other cbartlos then due reasonable attomey's fees and cods connected with r.fe rmirr ana other *?' meats ender the mortrr a Caring year ddnlt is the suer set forth in this notice will restore your mortgage to the same positbs as K you had never ddnked. EARLIEST POSSIBLE SBZRIFF'S SALE DATE - It is estimated that the earliest date that such a Sherifs Sale of the mortgaged property could be held would be approximately (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of coarse, the amount Needed to care the default will inexease the longer you wait. You may find oat at any time exactly what the required payment or action will be by contacting the leader. NOW TO CONTACT THE LENDER: AMC Mortgage Services PO Box 11000 Santa Ana. CA 92711-1000 Phone Number 800430-5262 Fax Number 714-347-5037 EFFECT OF SHERIFF'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 is the property siter the Sheriffs Sale, a lawsait to remove you and your famishings and other beloagisgs could be started by the leader at aW time. ASSUMPTION OF MORTGAGE - You _ may or X nay not (CHECK ONE) sell or treader your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costa are paid prior to or at the sale and that the other requirements of the mcstgage are satisfied. YOTI MAY ALSO HAVE THE RIGHT: s 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. z TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. : TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THUM TIMES IN ANY CALENDAR YEAR.) : TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTPTUTED UNDER THE MORTGAGE DOCUMENTS, : TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER : TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUN'T'Y ARE ATTACHED Very Truly Yours, AMC Mortgage Services Cc: AMC Mortgage Services Attn: Collections Department Loan Number: 0041856964 Mailed by lot Class Mail and by Certified Mail Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1-800-342-2397 (J ? N W 'Q. 0 to 03 3444 VS. A?' To In the Court of Common Pleas of Cumberland County, Pennsylvania No. 046 - A Civil. wd 6406 Prothonotary 19 C ?f'7 Z?0 Attorn y for Pt3ittiifF' No. Term, 19 - vs. PRAECIPE Filed 19Atty. f"' C_7 i_l ','l i MIDPENN LEGAL SERVICES BY: GEOFFREY M. BIRINGER I.D. # 18040 401 E. Louther Street Carlisle, PA 17013 Tele.: (717) 243-9400 Attorney for Defendant DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, Trustee for Ameriquest CUMBERLAND COUNTY Mortgage Securities, Inc., etc.-Series 2003-1 CIVIL ACTION - LAW Plaintiff VS. PATRICIA A. HENNEGHAN Defendant 06-6772 CIVIL TERM : MORTGAGE FORECLOSURE To: Deutsche Bank National Trust Com an etc. You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. s/s Geoffrev M. Birinp-er Attorney for Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 MIDPENN LEGAL SERVICES BY: GEOFFREY M. BIRINGER Attorney for Defendant I.D. # 18040 401 E. Louther Street Carlisle, PA 17013 Tele.: (717) 243-9400 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, Trustee for Ameriquest CUMBERLAND COUNTY Mortgage Securities, Inc., etc.... Series 2003-1 CIVIL ACTION - LAW Plaintiff vs. 06-6772 CIVIL TERM PATRICIA A. HENNEGHAN Defendant MORTGAGE FORECLOSURE ANSWER AND NEW MATTER 1. Admitted. 2. Admitted. 3. Denied. Defendant is without sufficient information to form a belief as to the present ownership of the mortgage. Defendant believes and therefore avers that this action is not filed in the name of the real party in interest. Strict proof is demanded at trial. Defendant also denies that the mortgage remains valid and enforceable for the reasons set forth in New Matter. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Defendant has not paid certain monthly installments. It is denied as a conclusion of law and for the reasons set forth below in New Matter that Defendant has defaulted and/or that the entire principal balance and all interest and other charges thereon are collectible forthwith. 6. Denied. It is denied that the amounts set forth in paragraph 6 of the Complaint are due on the mortgage for the reasons set forth below in New Matter. Defendant denies that she owes late charges, that any of the alleged fees and costs are due or properly included in the demand, and disputes the alleged escrow deficit. In addition, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and demands strict proof thereof at trial. 7. Denied as a conclusion of law. 8. The averments cannot be admitted or denied, but to the extent that an Answer is required, they are denied as conclusions of law. 9. Admitted in part, denied in part. It is admitted that Plaintiff sent Defendant a notice of intention to foreclose. It is denied as a conclusion of law that the notice complied with the requirements of Act 6, 41 P.S. §§403, et. seq. or Act 91 of 1983. WHEREFORE, Defendant requests that this Court enter judgment in her favor and against Plaintiff. NEW MATTER DEFENSE - UNCONSCIONABILITY 10. Paragraphs 1-9 are incorporated herein by reference hereto. 11. Ms. Henneghan purchased her home in 2000. Although she has a high school education and some training in keyboarding and computers, she is unsophisticated in financial matters. 12. Her first mortgage was with Fremont Investment and Loan . The purchase price was $41,000 at a 10.7% adjustable rate. Her initial monthly payment was $381.19. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS HENNEGHAN PATRICIA A SHAWN HARRISON Sheriff or Deputy Sheriff Cumberland County,Pennsylvania, who being duly sworn acco 'ng to law, says, the within COMPLAINT - MORT FORE was served upon HENNEGHAN PATRICIA A the DEFENDANT , at 1625:00 HOURS, on the 7th day of Dec er , 2006 at 1?a W PENN STREET CARLISLE, PA 17013 by handing to PATRICIA HENNEGHAN a true and attested copy of COMPLAINT - MORT FORE tog her with and at the same time directing Her attention to the conteO s thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 4.40 .00 10.00 R. Thomas Kline .00 32.40 12/12/2006 GOLDBECK MCCAFF MCKEE' Y BY /7 J day A. D. eputy 13. In 2001, Defendant approached Ameriquest with a request for a new mortgage that would provide her with funds to make home repairs. 14. Defendant entered into a mortgage with Ameriquest for $54,000 at an adjustable rate of 9.999%, a total monthly payment of $531.97, and cash in the amount of $6,574.22, not enough to complete the repairs needed to her home. 15. Ameriquest received $3,471 at settlement (Defendant's Ex. "1"). 16. Defendant would not have agreed to these terms if she would have been told by Plaintiff that her interest rate would only decrease slightly, her monthly payment would increase, she would receive only $6,574.22, and that Plaintiff would receive $3,471 of her money at settlement. 17. In 2002, based on television advertisements for low cost loans, Defendant contacted Plaintiff's office in Camp Hill, Pennsylvania to inquire about reducing her monthly payments. 18. Defendant was told that her payments could be reduced and that there would be no costs at all to her. 19. Specifically, she was told that her "rate" would go down by an agent of Plaintiff's over the phone, and at settlement at her house on Christmas Eve, there would be no cost to her for this new loan. 20. Based on these assurances from Plaintiff, Defendant entered into another agreement with Plaintiff for a mortgage and note on her residence. 21. The loan now had risen to $62,250 at 8.25%, adjustable rate, with a monthly payment of $542.12, and with net cash to Defendant of $47.32. (Exhibit "2"). 22. This refinancing, by the Plaintiff, resulted in fees to the Plaintiff in the amount of $2,303.13, an exorbitant amount of money when compared to any benefit to the Defendant, which was a temporary reduction in interest rate and monthly payment, to be adjusted periodically upward. 23. Instead of lower payments and overall cost, Defendant was paying an additional loan amount of $8,250 and increased monthly payments of $10.13. 24. Plaintiff collected a prepayment penalty on its own loan to the Defendant. On an original loan amount of $54,000, Plaintiff paid itself $57,809.20 at closing for the second loan. 25. The prepayment penalty feature was particularly unfair as the Plaintiff was paying off its own loan, and was, in essence "double-dipping." 26. Ms. Henneghan could not have realistically read, reviewed, and understood the more than 40 pages of voluminous and complex loan documents, which were presented to her at closing, while being reassured by Plaintiff's agent that the loan was suitable and appropriate as described to her. Defendant relied on the Plaintiff because Plaintiff's agent held herself out to be a knowledgeable financial adviser and not merely a loan salesperson. 27. This loan was completely inappropriate and unsuitable for Ms. Henneghan and placed her at significant risk for foreclosure and loss of her home. 28. The interest rate was at least 2.5% above the market interest rate for mortgage loans at that time, and in addition, was variable and could only increase, and not decrease. This one-way variable rate was highly risky, one-sided and unfavorable to Ms. Henneghan. 29. The home equity loan was highly likely to result in default and foreclosure, a fact that the lender knew or should have known. 30. Ameriquest drafted all the documents for the 2002 loan, and offered the Defendant no meaningful choice regarding the terms of the loan. 31. The terms of the 2002 mortgage loan were grossly one-sided and unfavorable to Ms. Henneghan. WHEREFORE, Defendant requests that this Court enter judgment in her favor and against Plaintiff, and grant any other further relief that is just and proper. COUNTERCLAIM - DECEPTIVE PRACTICES 32. Paragraphs 1-31 are incorporated herein by reference hereto. 33. The misrepresentations, omissions, and conduct described above were unfair and deceptive practices within the meaning of the Pennsylvania Consumer Protection Law ("CPL"). 73 P.S. §201-1 to 9.2. 34. In misrepresenting to Defendant that her loan would be at no additional cost to her and would lower her payments, Plaintiff violated the CPL at 73 P.S.§201- 2(4)(ii)(v). 35. In advertising "no cost," "low rate" loans, Plaintiff misled the Defendant into agreeing to a mortgage which was other than advertised in violation of 73 P.S.§21- 2(4)(ix). 36. Ameriquest's conduct constituted "unfair and deceptive acts and practices" prohibited by Pennsylvania's CPL statute. Ms. Henneghan suffered damages including, but not limited to, excessive interest, loan closing costs, finance charges, and illegal points and fees as a result. WHEREFORE, Defendant prays for relief in an unliquidated sum for damages to be proved at trial. MIDPENN LEGAL SERVICES B Y• Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 ID#18040 Settlement Statement U.S. Department of Housing OMB Approval No. 2502-0491 Optional Form for ?d Urban Development Transactions. without Sellers WLI Name & Address of Borrower: PATRICIA A HENNEGHAN 134 W PENN ST CARLISLE,PA 17013 Name & Address of Lenu Ameriquest Mortgage Company 214 Senate Ave., # 206 Camp Hill, PA 17011 Property Location: (if different from above) Settlement Agent: 134 W PENN ST, CARLISLE, PA 17013 Place of Settlement: L. Settlement Charges 800. Items Payable in Connection with Loan Loan Number: Settlement Date: 801. Loan origination fee % to 0032055030 - 5697 802. Loan discount 4.000 % to Ameriquest Mortgage Company $2,160.00 M. Disbursement to Others 803. Appraisal fee to JON DEZAGOTTIS APPRAISAILS INC 275.0 1501. 804. Credit report to HOMECOMING (W) $41,865.70 805. Inspection fee to 1502. 806. DARLENE MOYER, T.C. A $553.45 807. 1503. 808. Yield Spread Premium to 809. 1504. 810. Tax Related Service Fee to Ameriquest Mortgage $70.00 811. Flood Search Fee to Ameriquest Mortgage Company 16.0 1505. 812. Lenders Processing Fee to Ameriquest Mortgage $626.00 813.Admin to Ameriquest Mortgage Company $239.00 1506. 814. Doc. Prep. Fee to 15. Credit Report Fee to 1507. 816. Origination Fee % to 817. Application Fee to Ameriquest Mortgage Company $360.00 1508. 818. Underwriting Fee to 819. Service Provider Fee to 1509 820. Processing Fee to . 821. Underwriting Fee to 1510 822. Appraisal Fee to . 900. Items Required b Lender to be Paid in Advance 1511. 901. Interest from 09/27/2001 to 1010112001 @ $14.79 per day 59.16 902. Mortgage insurance premium for months to 1512 903. Hazard insurance premium to , 904. Flood Insurance premium to 1513 1000. Reserves Deposited with Lender . 1001. Hazard insurance 6 months @ $ 12.00 per month 72.0 1514. 1002. Mortgage insurance months @ $ per month 1003. City property taxes months @ $ per month 1515 1004. County prop. taxes 6 months @ $ 46.12 per month $276.72 . 1005. Annual assess. months @ $ per month 1006. Flood months @ $ per month 1520. TOTAL DISBURSED (enter on line 1603) $42,419.15 1007. months @ $ per month 1008. 1100. Title Charges ex - -1/ / A, Settlement Statement Optional Form for U,S, D?trnant at Housing B Approval No. 2502-0491 and a Development 1.11 . Name 6 Address of 8otmwar PATRICIA A. HENNEGHAN 134 W. PENN ST. CARLISLE,PA 17013 Name S Address of Lender T Ameriquest Mortgage Company 1750 Howe Ave., # 620 Sacramento, CA 95825 Property Locatbn: fit different from above) 134 W PENN ST CARLISLE PA 1701 Settlement Agent:ridgespan TiiOe Company 66 . ., , 3 Place of Selllem ent:2591 Dallas Parkway Suite 600 L Settlement Charges Frisco TX 75034 600, items Payable In Connection with Loan Loan Number. Settlement Date:FstIMnt,d 801. Loan odginstion foe % to 0041856964.5876 1213112002 802. Loandiscoum 1.650 % to Amerlqueat Mortgage Company $1,027.13 M. Wsbursementto Others 803, Appraisal fee to APEX APPRAISALS 75.00 1501. 804. Credit report to AmerlquestMortgago(32055030) 805. inspection fee to 1502 806. . 807, 1503 ac8. yww Spread premium b . 1509. 1504 810. Tax Related Sorvlce Fes to Amariquest Mortgage . 811. Flood Search Fee to Ameriqusat Mortgage Company -Sfa.00 1505, 812. Lenders Processing Fee to Amedquest Mortgage 0 813.Admin to Amedquest Mortgage Company 1508 814. Doc, Prep, Fee to . 15. Credit ReportFee to 1507 816. Origination Fee 14 to . $17.Application Fee to Amerlquest Mortgage Company 360 1508 B1a.Undarwd8n Fee to . 819. Samlce Provider Fee to 1509 620. Processing Fee to . 821. Undanvrging Fee to 1510 822. Appraisal Fee to . 900, Item Required b ender to be Paid In Advance 1511 901. Interest from 12/3112002 to OUO12003 $14.07 p.rdAY S1407 . 902. Morige a insurance premium for moniha to 1512 903, Hazard Ins rem to . 904. Flood Ins prom to 15(3 1000, Reserves Deposited with Lender . 1001-Hazard Insurance 6 months ®1 28.00 per month .0 1514. 1002. Mortgage insurance months $ ear month 1003. City property taxes months @ 3 per month 1515 1004, County prop. texas 3 months @ $ 46,46 per month $139.35 . 1005. Annual asaess. months @ $ per month 1006. Flood months $ per month 1520. TOTAL DISBURSED (enter on line 1603) 1007, months ®$ per month 1008, 1100. Title Charges 1101. Settlement or closing fee to pacific Document 125.00 1102-Abstract or tfile search to 1103. Title examina8on to 1104.710s insurance binder to Total Wire: $1,416.25 ' I WS. Document preparation to 1106. Notary fsss to 1107. Attomey's fees to 11015-TlOelncumncelo Bddgeapan Tdle Company 666.75 1109. Lender's coverage $ 1110.Owners coverage $ 1111. SattlemenVDlabursomant fee to 1112. Escrow Fee to Bddgespan Tile Company 95.00 1200. Government Racordfng and Transfer charges 1201. Recording fees $6050 1202. Cityreounty twdstamps N. NETSETTLEMENT 1203. State tsxr stamps 1204. State spec fee 1205. State specific (ae 1600. Loan Amount 300. Additional Settlement Charges 1601 Pl C h/Ch k 1301. Demand to us ec . as from Borrower 1302. Pest fnspedion to u 1602 Mi t t l T l S 1303, Survey Fee 68 s o . n a e t ement Charges Olne 1400) S4,393.48 1304, 1603 Minus Total Disburse t t Oth 1305. Raconveyance Fee to Bddgespan Title Company . men s o ers (fine 1620) 5 9 1307. 1604 E uat Di b B 1307. q e s . ursements to orrower (after explratlon of any applicable rescission 1308, Courier Fee POW) aa?? 4 1400, Total Settlement Cha es enter on tine 1602 $4,393.48 . $ 7.32 vo x 4 ? r VERIFICATION I, Patricia A. Henneghan, make this verification that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: z-- Patricia A. Henneghan MIDPENN LEGAL SERVICES BY: GEOFFREY M. WRINGER Attorney for Defendant I.D. # 18040 401 E. Louther Street Carlisle, PA 17013 Tele.: (717) 243-9400 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, Trustee for Ameriquest CUMBERLAND COUNTY Mortgage Securities, Inc., etc.... Series 2003-1 CIVIL ACTION - LAW Plaintiff vs. 06-6772 CIVIL TERM PATRICIA A. HENNEGHAN Defendant MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, do hereby certify that on this 5`h day of February, 2007,1 served a true and correct copy of the foregoing Answer and New Matter by placing same in the first class U.S. mail, postage prepaid to the following person and at the following address: Joseph A. Goldbeck, Jr., Esq. Suite 5000 - 701 Market Street Philadelphia, PA 19106 Date: 2/5/07 Respectfully submitted: MIDPENN LEGAL SERVICES By: Geoffrey M. Biring r 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 ra ;-? - -n '_Y ; ?--) ?? - `° -iri t'-_, i GOLDBECK McCAFFERTY & MCKEEVER Professional Corporation By: David Fein, Esquire Attorney I.D. # 82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. PATRICIA A. HENNEGHAN Mortgagor and Record Owner 134 W. Penn Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-6772 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM Plaintiff, by and through its undersigned counsel, hereby responds to Defendant's New Matter and Counterclaims as follows: NEW MATTER 10. Plaintiff incorporates by reference the averments of paragraphs one (1) through nine (9) of its Complaint as if fully set forth herein. 11. Denied. Plaintiff is without sufficient knowledge, information or belief to form an opinion to the truth or falsity of the averments of paragraph eleven (11) and, as such, the same are denied. 12. Denied. Plaintiff is without sufficient knowledge, information or belief to form an opinion to the truth or falsity of the averments of paragraph twelve (12) and, as such, the same are denied. 13. Denied. Plaintiff is without sufficient knowledge, information or belief to form an opinion to the truth or falsity of the averments of paragraph thirteen (13) and, as such, the same are denied. 14. The mortgage is a writing which speaks for itself, and any characterization thereof is denied. 15. The settlement statement is a writing which speaks for itself, and any characterization thereof is denied. 16. Denied. Plaintiff is without sufficient knowledge, information or belief to form an opinion to the truth or falsity of the averments of paragraph sixteen (16) and, as such, the same are denied. 17. Denied. Plaintiff is without sufficient knowledge, information or belief to form an opinion to the truth or falsity of the averments of paragraph seventeen (17) and, as such, the same are denied. 18. Denied. Plaintiff is without sufficient knowledge, information or belief to form an opinion to the truth or falsity of the averments of paragraph eighteen (18) and, as such, the same are denied. 19. Denied. Plaintiff is without sufficient knowledge, information or belief to form an opinion to the truth or falsity of the averments of paragraph nineteen (19) and, as such, the same are denied. 20. Denied. Plaintiff is without sufficient knowledge, information or belief to form an opinion to the truth or falsity of the averments of paragraph twenty (20) and, as such, the same are denied. Moreover, the mortgage and note are writings which speak for themselves, and any characterization thereof is denied. 21. The settlement statement is a writing which speaks for itself, and any characterization thereof is denied. 22. Denied. The averments in paragraph twenty-two (22) are conclusions of law to which no response is necessary. By way of further response, the settlement statement and loan documents are writings which speak for themselves, and any characterization thereof is denied. 23. The settlement statement and loan documents are writings which speaks for themselves, and any characterization thereof is denied. 24. The settlement statement is a writing which speaks for itself, and any characterization thereof is denied. 25. Denied. The averments in paragraph twenty-five (25) are conclusions of law to which no response is necessary. 26. Denied. The averments in paragraph twenty-six (26) are conclusions of law to which no response is necessary. Moreover, Plaintiff is without sufficient knowledge, information or belief to form an opinion to the truth or falsity of the remaining averments of paragraph twenty-six (26) and, as such, the same are denied. 27. , Denied. The averments in paragraph twenty-seven (27) are conclusions of law to which no response is necessary. 28. Denied. The averments in paragraph twenty-eight (28) are conclusions of law to which no response is necessary. Moreover, Plaintiff is without sufficient knowledge, information or belief to form an opinion to the truth or falsity of the remaining averments of paragraph twenty-eight (28) and, as such, the same are denied. 29. Denied. The averments in paragraph twenty-nine (29) are conclusions of law to which no response is necessary. 30. The documents are writings which speak for themselves, and any characterization thereof is denied. 31. Denied. The averments in paragraph thirty-one (31) are conclusions of law to which no response is necessary. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant as prayed for in Plaintiff's Complaint. COUNTERCLAIM 32. Plaintiff incorporates by reference its answers to paragraphs one (1) through thirty-one (31) above as if fully set forth herein. 33. Denied. The averments in paragraph thirty-three (33) are conclusions of law to which no response is necessary. 34. Denied. The averments in paragraph thirty-four (34) are conclusions of law to which no response is necessary. 35. Denied. The averments in paragraph thirty-five (35) are conclusions of law to which no response is necessary. 36. Denied. The averments in paragraph thirty-six (36) are conclusions of law to which no response is necessary. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant as prayed for in Plaintiff s Complaint. Respectfully submitted, David Fein, Esquire Attorney for Plaintiff VERIFICATION Margarita Guerrero hereby states that she is an authorized representative of Plaintiff herein, and that all of the facts set forth in the attached Plaintiff's Reply to Defendant's New Matter and Counterclaim are true and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. r%n gan ue ero Title: P D S'1.?-?? a L Date: GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: David Fein, Esquire Attorney I.D. # 82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 vs. PATRICIA A. HENNEGHAN Mortgagor and Record Owner 134 W. Penn Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-6772 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter and Counterclaim was sent by first class mail, postage pre-paid, upon the following on the date listed below: MID PENNN LEGAL SERVICES Geoffrey M. Biringer Esquire 401 E. Louther Street Carlisle, PA 17013 GOLDBECK, McCAFFERTY & McKEEVER Date: a 3 --- David Fein, Esquire Attorney for Plaintiff , ?.?. .._ ?" ? w.; l . "?? . ?? ,, ? ? ? ? ---?- (v JK GOLDBECK McCAFFERTY & McKEEVER BY: David Fein, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. PATRICIA A. HENNEGHAN Mortgagor and Record Owner 134 W. Penn Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-6772 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff: David Fein. Esquire (Name and Address) 701 Market Street. Suite 5000, Philadelphia PA 19106 (b) for defendant: Geoffrey M. Biringer, (Name and Address) Mid Penn Legal Services. 401 E. Louther Street. Carlisle PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. f. 4. Argument Court Date: Signature David Fein. Esquire Print your name Date: f ot/ ? C3 ? r N "'[I i'Tl 1,.. GOLDBECK McCAFFERTY & McKEEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center ATTORNEY FOR PLAINTIFF 701 Market Street Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-6772 PATRICIA A. HENNEGHAN Mortgagor and Record Owner 134 W. Penn Street Carlisle, PA 17013 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE (hereinafter "Plaintiff'). 2. Defendant is PATRICIA A. HENNEGHAN (hereinafter "Defendant"). 3. Plaintiff filed its Complaint in mortgage foreclosure on November 27, 2006. A true and correct copy of the Complaint is attached hereto as Exhibit A. 4. Defendant filed an Answer with New Matter on or about February 5, 2007, which does not raise any issue of material fact. Plaintiff has replied to the New Matter. True and correct copies of the Answer with New Matter and Reply to New Matter are attached hereto as Exhibits B and C, respectively. 5. Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as plead in Plaintiffs Complaint. See Plaintiffs attached Affidavit and Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER DAVID FEIN, ESQUIRE ATTORNEY FOR PLAINTIFF W GOLDBECK McCAFFERTY & McKEEVER BY: David Fein, Esquire Attorney LD.#78020 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 VS. PATRICIA A. HENNEGHAN Mortgagor and Record Owner 134 W. Penn Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-6772 DAVIT IN SUPPORT OF PLAWWS MOTION FOR SUMMARY dUDGGMENT being b[h[ for and representative of Plaintiff. I am authorized to O duly sworn according to law, deposes and says: 1. I am the make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. 2. I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Motion for Summary Judgment, that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. 3. The Defendant, PATRICIA A. HENNEGHAN, made, executed and delivered a Mortgage upon the premises, 134 W. Penn Street, Carlisle, PA 17013, on December 23, 2002 to AMERIQUEST MORTGAGE COMPANY. 4. The mortgage is held by Plaintiff. 5. The Mortgage is in default because monthly payments of principal and interest due June 01, 2006 and each month thereafter are due and unpaid. At no time from June 01, 2006 to the present has the Defendant tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant 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" to Plaintiffs Complaint. The Defendant has 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 Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. V 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance Interest from 05/01/2006 through 11/30/2006 at 10.7500% Per Diem interest rate at $17.98 Reasonable Attorney's Fee Late Charges from 06/01/2006 to 11/30/2006 Monthly late charge amount at $36.33 Costs of suit and Title Search Escrow Advance Fees Recoverable Balance Monthly Escrow amount $248.94 $60,214.44 $3,847.72 $3,010.72 $217.97 $900.00 $828.58 $106.00 $125.00 $69,250.43 I hereby verify that any exhibits attached hereto are true and correct copies of the originals and I declare all of the foregoing to be true and correct. SWORN TO AND SUBSCRIBED: Am?-4"L,9-1 ?,) before me this day: of rqbruoq- to. , 2007: Notary ub is MARY R6-M-0 COMM. #153ST34 NOTARY PUBUC - c" 01M MY Cor cmm. Elom Dw. 226.2008 GOLDBECK McCAFFERTY & MCKEEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street ATTORNEY FOR PLAINTIFF Philadelphia, PA 19106 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-6772 VS. PATRICIA A. HENNEGHAN Mortgagor and Record Owner 134 W. Penn Street Carlisle, PA 17013 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Jaclyn L. Doyle, hereby certifies that she did serve true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: Geoffrey M. Biringer Esquire Mid Pennn Legal Services 401 E. Louther Street Carlisle, PA 17013 *lyn L. Moyle ' Legal Assistant Date: p ? m zoo _ n GOLDBECK McCAFFERTY & McKEEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET- BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE Plaintiff vs. PATRICIA A. HENNEGHAN (Mortgagors) and (Record Owners) 134 W. Penn Street Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF In the Court of Common Pleas of Cumberland County Civil Action - Law Action of Mortgage Foreclosure Term No. 06-6772 SUGGESTION OF BANKRUPTCY TO THE CLERK OF THE COURT: Please take note that Defendant PATRICIA A. HENNEGHAN filed a Chapter 13 Bankruptcy on September 27, 2007 in the United States Bankruptcy Court for the Middle District of Pennsylvania at Case Number 1:07-bk-03047-RNO. Accordingly, the above captioned matter should be deferred until the conclusion of the bankruptcy proceedings. GOLDBECK McCAFFERTY & McKEEVER BY: David Fein, Esquire Attorney for Plaintiff r' ? ? " ' ? , _? ' t ?? `J ? -- ( ; ,i - ?( `? 22 Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset- Backed Through Certificates, Series 2003-1, Under the Pooling and Servicing Agreement dated as of 02-01-03, without recourse IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Patricia A. Henneghan NO. 2006-6772 CIVIL TERM ORDER OF COURT AND NOW, October 4, 2007, by agreement of counsel, the above-captioned matter is continued from the October 3, 2007 Argument Court list. Counsel is directed to relist the case when ready. David Fein, Esquire For the Plaintiff By the Court, Edgar B. Bay e , "b l n X10 ? Geoffrey M. Biringer, Esquire For the Defendant 4- Court Administrator ` -kIa" A41-_ 1."t, kam _?_ ' _.?. ?,,,Y ? r ? i. _. ti•+?t v,.) ? ? c ?? .. ?_ ?? _ :t tv +._,1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2003-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2003, WITHOUT RECOURSE Plaintiff V. PATRICIA A. HENNEGHAN Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 6772 CIVIL ACTION - LAW ?• ?fr PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly Withdraw Defendant's Counter Claim(s), without prejudice. Respectfully submitted, Abraha?ln P o y, Esquire Attorney Defendant PA ID # 1787 MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 Tel: (717) 243-9400