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HomeMy WebLinkAbout02-34204 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 T~ephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 200 l-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November l, 2001 .Without Recourse, PLAINTIFF, Amy K. Baker Jeremy L. Baker 280 Smith Road Shippensburg, Pa 17257 DEFENDANTS. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: - 2qaO CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE TO DEFEND NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim of relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR 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 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demmada y la notifica¢ion. Hate falta asen~ar una comparen¢ia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus obje¢¢iones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la torte puede de¢idir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus edades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire I.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 Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2001-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1,2001 Without Recourse, PLAINTIFF, Amy K. Baker Jeremy L. Baker 280 Smith Road Shippensburg, Pa 17257 DEFENDANTS. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2001-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1, 2001 Without Recourse, through its attorney, Richard M. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: 1. Plaintiff, Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 200 l-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1, 2001 Without Recourse ("Plaimiff'), is a corporation with a principal place of business at 505 S. Main Street, Suite 6000 Orange, CA 92664. 2. The Name and mailing address of each Defendant is: Amy Baker, 280 Smith Road, Shippensburg, Pa 17257. Jeremy Baker, 280 Smith Road, Shippensburg, Pa 17257. On 10/05/2001 Jeremy L. Baker and Amy K. Baker made, executed and delivered a mortgage upon the premises hereinafter described to Ameriquest Mortgage Company, which mortgage is recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No. 1735, Page 2969. Plaintiff is in the process of preparing a legal Assignment. 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. Each Mortgagor named in paragraph 3 above executed a note as evidence of the debt secured by the Mortgage (the "Note"), and is incorporated herein by reference as though fully set forth at length. The real property which is subject to the Mortgage is generally known as 280 Smith Road, Shippensburg, PA 17257, (the "Mortgaged Premises"). The legal description of the Mortgaged Premises is attached hereto and marked as Exhibit "A" and is incorporated herein by reference as though fully set forth at length. The interest of each individual Defendant is as Mortgagor, Real Owner or both. If any Defendant above-named is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his/her estate, however, the estate of said Defendant is hereby released from liability for the debt secured by the Mortgage. The Mortgage is in default because the monthly payment of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of 01/01/2002 and have not been paid. Upon failure to make such payments when due, the whole of the principal, together with the charges specifically itemized below, are immediately due and payable. 2 10. 11. The following mounts are due as of July 10, 2002: Principal of Mortgage debt due and unpaid Interest due and owing from 12/01/2001 to 07/10/2002 at 11.15%, $35.30 per diem Plus Late Charges of $65.92 per month, assessed on the 16th day after payment is due Other Fees Attorney's Fees $113,960.66 7,801.30 461.44 32.00 5,698.O3 TOTAL $127,953.43 Interest accrues at a per diem rate of $35.30 and late charges accrue at a monthly rate of $65.92, assessed on the 16th day payment is past due for each date after the payment due date, and Plaintiffmay incur additional attorney's fees and costs as well as other expenses, costs and charges collectable under the Note and Mortgage. Notice of intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq. was mailed to each individual Defendant via regular and certified mail, return receipt requested, on 03/04/2002. A tree 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. 3 WHEREFORE, Plaintiff demands judgment against Defendants Jeremy L. Baker and Amy K. Baker, for foreclosure and sale of the Mortgaged Promises in the amounts due as set forth in paragraph 09, namely $127,953.43 plus the following amounts accruing after 7/10/02, to the date of judgment: (i) interest at a per diem rate of $35.30; (ii) late charges of $65.92 per month assessed on the 16th day payment is past due; and (iii) additional attorney's fees hereafter incurred and costs of suit. Date: July 10, 2002 RICHARD/~.. ~QUIRF~ ~SOC~TE S, LLC By:~ One Jenkintown Stafio~, Suite 104 115 West Avenue Jenkintown, PA 19046 215-886-8790 Attorneys for Plaintiff 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 tree and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S.§4904 relating t° unsw°m falsi~;/~tA°JRichar~l-/~/z~'~ ~qt{r-e',auth°ritie ~'~~'E F/Attorney for Plaintiff Date: July 10, 2002 ALL that certain tract o~ land situate in Penn Township, Cumherlan~l County, ~ennsylva~lia, bounded an~ described as follows .- BEGXNN~G at an existing iron pin on the Southern side of a S0 foot w~de private right-of-way as shown on the hereinafter mentioned subcEtvision Plan, said point also being the Northwest corner of Lot No. 6 ss eh. own on a Sub~ivision Plan recorded in Cumberland County Plan Book $4, Page 221 thence by the clivlcllng line between Lots Nos. 12 ~a 13 o~ the hereinafter mentioned Subdivision Plan, said clividing line also being ~0art of the Southern slcle of said 50 foot ~cl~ ri~t-o~-wny, South A5 de,tees 34 ~inutes 30 seconds West 150 feet to an iron pinl thence continu/n~ by the divld/ng line between Lots Nos. 12 and 13, North 44 decjrees 25 minutes 30 seconds West 249.39 feet to a~ iron 10in; thence by the same, South 81 degrees 45 minutes 00 seconds West 146.46 feet to an iron pin; thence by land now or formerly, of Willla~ C. and Joy M. ~ooler, South 8 de~rees 15 minutes 00 seconds Bast 389.69 feet to an iron pin~ thence by the dividing llne between Lots Nos. 11 and 12 On said Plan, North 76 degrees 14 minutes 03 seconds Bast, 442.15 feet to an iron pln~ thence by land now or formerly cE Lee E. and Co~le L. Griffie and by land now or foEm~rly of D~S ~ustom HO~S North 14 degrees 25 ~tinutes 30 seconds West 235.?9 feet to an iron pin, the place of BEGINNINg. Being Lot No. ~2 on a Subdivision Plan for D&S Custo~ Homes, recorde~t in the office of the Recorder of Deeds for Cumberland County in Plan Book 62, Page 150. Am~qucst MoUsse Company P.O. Box II0(M Santa Aha, CA 92711-1~ J'l~,l~/' L B~ AMY K BAKI~. 28O SMITH RD SItlPPENSBURG. PA 17257-9626 I,,,lll,,,I,,I,I,hl,l,,,ll,l,,,ll,,,,hl,ll,,I,,I,Ih,,I,,,ll March 04. 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STAT]gM~NT~ Ol~' POLICY ~ Nmnber: 0032191199 ~ ~: ~0 S~ ~, ~~O P~ 17257 · '~ ~ ~ A D~T ~LL~OR A~G ~ ~L~ A D~T. ~ NO~CE ~ S~ TO YOU ~ ~ A'rt'~T TO COL~ 'l~ ~EB~S ~ A~ ~ ~ON OBT~D ~OM YOU ~ BE USED ~OR ~T ~. ~ YOU ~ P~O~LY CO~O~ ~ NOT ~ SHO~ NOT BE ~NS~D ~ BE ~ A~ TO COLLECT A D~T, B~ O~Y Sp~ iaffl~ a~ ~ HO~O~'S MO~AGE h~ ~ ~ ~ h~ ~e p~ wo~ I|s~ed sithe md d ~ Negce. Ir l, oe have ~m? ~ you mat ~l gte l~mm~v~mh At~¢v toll rre~ si 1-800-342-239'/.(l*ersous w~t inmfdml ketrrm! ca ~1 (71Ti ~d~ No~ce m~B,s Mt ~ i~a~. Ir y~ h~e ny ~ w~ta~ive, s at t~ CeaSUmer Ceedlt Cmi~eJi~ A~mey ~y ~ ~e ~ k~ ~1~ iL Y~ may ~m ~ to ~t ~ NO'i'~t~ON EN ~TO ~ DE SU~ ~ORT~ ~ ~A SU DE~O A CO~ ~ EN SU C~ SI NO CO~E ~L CO~ DE RSTA NO-~ACA~ON OB~NGA ~A ~ON ~D~ L~ ~TA A~N~ ~E~V~ HO~G ~CE AGEN~ S~ ~S ~ ~ ~N~ON~O AURIGA. PUEDES SER ELEGIBLE PARA U~ PRESTAMO POR EL PROGBAMA LLAMADO "ROMEOWNER*S EM]ERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PKRDIDA DEL DERECHO A RED[Mm SU IIwOTECA. HOMEOWNER*S EMZRGENCY MORTGAGE ASSISTANCE PROGRA~ YOU MAY BE ELIGIBLE FOR IrI~ANCIAL ASSISTANf~. WHICH CAN SAVE YOUR HOME IPROM FORECLOSURE A]~IJ HELP YOU IW. Azr~, FUTURE MORTGAGE PAYME~qT,~ IF YOU COM~LY WITH THE PROVISIONS OF THE HOMEOWNER,S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (3~ztz~ "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE.* IF YOUR DEFA~TLT HAS BEEN CAUSED BY CliCuZ~STANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, IF YOU M~FF OTHER ELIGIBILITY REQITml~.MENTS ESTABLISHED BY PE h~NSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF I~)RECLO~URE - Under the Ac~ ~u sr~ ~M ~ a ~r~ ~ ~ ~ on ~ mff~c ~ ~ ~0) ~~ ~s N~. ~S ~hc~ ~ ~mda ~E~G ~ST OC~u~ w[n~ '~ ~XT (3~ DAYS. ~ YOU ~ N~ ~Y ~R ~~ ~RTGAGE ASSIST~ YOU ~ST B~G YO~ M~AGE ~ ~ DA~. 't~ P~T OF T~ ~CE C~ED ~W ~ ~ Y~ M~TGA~ ~A~T' ~ HOW TO ~0 YQ~, ~R~A~ ~ TO DA~. CREDIT COUNSELING AGENCIES -- If you meet with om of the container c~edit coumeling afcncv lis~d at d~ ~d of this notice, th~ icndcr may NOT takc actJoo amdnrt you for ~ f30) ~ ~ ~ d~ thc county h which thc urooeflv is Ioc~lcd sr~ s~t for& ~ thc end of this Ncdl~ It is oul~ mx:cfssry ~0 sch~dulc onc APPLICATION FOR MORTGAGE ASSISTANGE -- Your mca~ngc is in · d~,dt ~or thc mtsom sci fl)fib htcs in this No~ic~ (s~ following lxtges for ~ Jn~o~;dlon about the nf~ur~ of ~,uz dofnlL) If you hsve tried tnd arc unabl~ ~o resolve this pmblcu with th~ kndor, you have thc ~8ht to apply for finan~d assistance from thc Homeown~s ~'~,'~mcy Moflgng~ Assistmce Progz~L To do so, you nmst fill o~ sign nd file a completed ply)sram and they wi]! mist y~u in submitting & conqdctc aMdic~tion to thc p,~M~V~nb H0u~ing F'mmcc Agcncy. Your application MUST be fikd or portmorkedwitldnthifly 00) days of your face-M-face mee~ YOU MUST FILE YOUR APPLICATION PROMI~TLy. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TIlZ OTHER TIME PERIODS SET lrORTH IN 'tH t~ LETTER, IrOBZCLOSURE MAY PROCEED AGAINST YOUR ROMF- IMMBDIAT~3,Y AND YOUR API~ZCATZON FOR MORTGAGE ASSISTANCE WILL BE DElq: raj. AGENCY ACTION ~ (60) ~ ~ ~-~ a d~r ~ ~ ~~ ~ ~ ~s 04. 2002 Loan Numbs: 0032191199 NOTE: IF YOU ~ CUBI~ iLY PRO'l'gt:t'~co DY 'l'~ ~G OF A ~'l-i-l~ON ~ P~OSES O~Y ~ ~O~ NOT BE CON~D ~ ~ A~T TO ~E~ ~ DEBT. (If you have filed banls~upte7 y~ ea~ MEI apply fer Emerpmey Met,~ga~ Auld.~..~) HOW TO ~UKE YOUR MORT~..AGI~. DEFAULT NA~ OF ~ D~A~T -~e M~TGA~ ~ ~ ~ ~ l~r 280 S~ ~. ~B~G, PA 172S7 IS S~OU~Y ~ D~A~T A. ~U ~ N~ ~E MO~Y MOR~AGE PA~S ~ 0~02 ~ ~1~2 ~ S1098.~9 ~r mon~ M~ Palm ~s J~ ~L.~ ~ ~ f~s: ~493.53 Tdd m~ m ~ Dd~ ~S3~ B. YOU llAV~ FAILED TO TA~ TH~ FOLLOWING ACTION (D_.o_~__~_m if a~: N/A HOW TO CURE THE DEFAULT--Yo~ may curc thc d~au]t within THIRTY (30) DAYS of thc date of this notice BY PAYING ~ TOTAL AMOUNT PAST DUE TO 'l~tt~ LENDER, WHICH IS S3493.S3 PLUS ANY MORTGAGE PAYMI~ITS AND LATE CHARGES WHICH BECOi%~ DUE DURING ¥1ill THIRTY (30) DAY PERIOD. Pain.tls mst be made eithe~ by c~sh. ~-~i-.~s ,.l~,~_ e~ffifi~ check or m~-.--; order nude Mvable aad sent M: . 505 ~mth Main St. ,~]ite 6000 You can c~c any (~o not use if no( IF Y~U DO NOT ~cf.~ 'lm~ DEFAULT--If y~u do not c~e the dcfau~ wi&in THIRTY (30) DAYS cf'&e dale of this NoOce, tbe lender blesds to e~'dse Its ~d.h to .,....h.atO tb mort~ deb~, This mens that th~ ,~..~ moO?.~ Jn monthly ~. If hi] lmym~ot of th~ total amo~ IMM dee k aot ms,l*; withh THIR.TY (30) DAYS, blcndcr tho intcads to imlmct ils altomcys lo staff Icfal actioa to toredeee ma vomr mormatnul Druoer~y. IF THE MORTGAGE IS PORECLOSED UPON -- Thc mort~afcd pzot~n-y will be MM by thc Shmiffto l~ o~F the moO?? dd~ If &e Jtm&~ rebus ymtr case to J(s sttomeys, bu~ you cure th~ dfJhquetcy beh. e &e ]elder ze~sombk: attom~s ~ ~y ~ ~ ~ 1~ ~n ~ ~ $S0.~. A~y sff, orncy's fi:cs w~ be ~tldt the THIRTY (3~) DAY pm'led, yea will utot be required to pay attmley'l O't-n~l LENDn RIr. M~*DI~q -- The lender may also sue you I~rsoully for the unpaid ln~ilml balanc~ and othcr m d~ undcr ti~ m~tfa~. RIGHT TO CURE THE DEFAULT ~BIOB TO .~l~mlvl~S K.L%.i~ _ lfyo~ lave not ~ ~ d~ ~ _mdo~mlu. nv othc~ ~equkcmcnts under the moflfa~ CurimS year dd'amlt b t~ m~m~.cr ~et t~rt~ ia t~s EMice will E~t~re your mGrtpge te tile ~ame poddom as ~'yom had newr de(aMted. EAI~T,F~.~T POSSIBLE SHTRIFIPS SALE DATE - It is eP/m**~4 that o~ m~d ~ ~ h~ ~ ~ ~*~*~ (6) MO~'t~S ~ ~ ~ h~ ~ ~ w~t. Y~ ~ ~ ~ ~ ~e ~ w~ ~ ~d~a~ or ~n ~ ~ ~ ~g ~ 1~. HOW TO CONTACT 'iHt. LENDER~ Amertqueft Mm-tlqe Compfmy SOS South Main SL, Suite ~009 Orumje, CA 92~8~tS09 l~tome !qmmbmr 80~.43~.S2&2 x S812 Fax Number 714-24S-0S~8 ]~lq~J~CT OF SHElterS S~t w.F, - Yo~ should ~ that a S~tcriffs Sale vail ~1 yo~ own~sbip of thc mort~tf~d lWOl)~ iud yom' risht to occupy iL I/'you cOM/lUe to llve ia the ia.l~ ~ b ~s S~e, a lawsuit to rcmovc You and yomr fa~i,~ and otkcr b~lonsi~s could be rafted by tl~ Jmder st ~ fl~. YOU MAY ALSO HAVI: THE RIGHT: TO KI~T J. TH~ PROP~TY TO OBTAI1q' MONEY TO PAY OFF 'l~t~ MORTOAr~ DEBT OR TO BORROW MONEY FROM ANOTHER L~NDIlqG INSTITUTION TO PAY OFF TH]S DI~T. TO HAVI/THIS DF-.FAULT CURED BY ANY 'llimD PARTY ACTING ON YOUR BI/HALF. TO HAV~ THE MORTGAGE RJ~STORI~ TO TH~ SAM~ POSITION AS 11= NO D~'AULT HAD OCCURRBD, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT I/AVl/THIS RIGHT TO CURE YOUR DI~AULT MORE THAN T~ Tn~d~S TO ASS~RT THI/NONEXI~,-L'~'NC~ OF A DEFAULT IN ANY FORECLOSURE PROt :~-~olNG OR ANY ~ LAWSUIT I~STL'r 0TED LIND]~, Ti'iii MORTC..~,GE DOCUMENTS, TO ASSHRT ANY OTHER Di~"-I~NSE YOU B~:[.rgVE YOU MAY HAVE TO SUCH ACTION By THE = TO ~ PROTECTION UND~. THg I, mJI/RAL BANKRUPTCY LAW. CONSUMER CREDIT Coulq'SELING AGENCIES SERVING YOUR C OUlq'IT AlE ATTACH r-u Vcv T~ Yours. Am~qucst Mo~afc Compuy Loeu Null: 0032191199 Mailed by 1st Class Mall ami by Cet~ied Mail ltomeowners* Emergency Assistance Program CUMBERLAND COUNTY CCCS of Westerfl Pennsylvania, Inc. 2000 Lingiestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metmpo]itnn Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234.5925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 Den3t Slx~t Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Fi~anoial Counseling Services of Franklin 31 Wzst 3rd Street Wayncsboro, PA 17268 (717) 7(52-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authodty 139-143 Cadisle St Gettysburg. PA 17325 (717) 334.1518 FAX (717) 334.8326 'CASE NO: 2002-03420 P COMMONWEALTH OF pENNsYLVANIA: COUNTY OF cuMBERLAND VS ~ Deputy sheriff of sheriff or ~ who being duly sworn according to law, County,PennSylvania' cumberland waS served upon the sayS, the within ~ at ~ HouRS, on the 22_~nd day of at ~ by handing to together with a true and attested copy of and at the same time directing H~er attention to the contentS thereof- sheriff's CostS: 18.00 Docketing 7.59 Service .00 Affidavit 10.00 surcharge .00 sworn and subscribed to before me this ~ day of A.D. ---------~p~onot ary ~line By: ~riff NO: 2002_03420 P VS °~ERIFF ' S RETURN SHIPPENSBU3, PA 1 AMy K BAKE W~/FE a REGULAR and at theme time directing He~r attention to the contents thereof. Sheriff's ~: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 ~6.00 Sworn and Sbed to before me this ~Y of --~~ A.D. So AnSWers: 07/24/2002 RICHARD SQUIRE By: by handing to true andttested Copy of ~ ~ together with Cumber/and County, pennsYlvania,· Sheriff or Deputy Sheriff of says, the within w~° being duly SWorn according to /aw, ~ Was Served Upon ~EF~D~ ~----, at ~ ~OURs, on the~_Z~_~a day of_L~a_____' ~ at 280 SMI~H_~ROAD ~ the SHERIFF'S CAS~ NO: 2002-03420 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST CO OF CA ET AL VS BAKER AMY K ET AL RETURN - REGULAR BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BAKER JEREMY L the DEFENDANT , at 1556:00 HOURS, at 280 SMITH ROAD SHIPPENSBURG, PA 17257 on the 22nd day of July , 2002 by handing to AMY K BAKER, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff.s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of (~.u,-,~, ,~ * -~ a~ ,2- A.D. ~Pr~thonotary So Answers: R. Thomas Kline 07/24/2002 RICHARD SQUIRE By: Deputy [~heri f f Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station. Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 F~x: 215-886-8791 Attorneys for Plaintiff Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2001-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1, 2001 Without Recourse PLAINTIFF, Amy K. Baker Jeremy L. Baker DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 02-3420 CIVIL ACTION PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSV~ER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Jeremy L. Baker and Amy K. Baker, Defendants for their failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in the Complaint Interest from 7/18/2002 to 8/27/2001 TOTAL $127,953.43 $ 1,412.00 $129,365.43 I hereby certify that (1) the addresses of the Plaintiff and Defen~ (2) that notice has been given in accordance with Rul~?~r~o~ //l~char~M/quire // A oy or P ~- ' PROTHONOTARY ~ ~7 Richard M. Squire,, Esquire I.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 Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2001-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1, 2001 Without Recourse, Court of Common Pleas Civil Division Cumberland County Amy K. Baker Jeremy L. Baker v. No. 02-3420 To: Amy K Baker 280 Smith Road Shippensburg, Pa 17257 DATE OF NOTICE: August 14, 2002 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (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. lfyou 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire Attorney for Plaintiff Richard M. Squire,, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkinmwn Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215 -886-8790 Fax: 215-886-8791 Aaomeys for Plaintiff Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2001-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1, 2001 Without Recourse, Court of Common Pleas Civil Division Cumberland County No. 02-3420 Amy K. Baker Jeremy L. Baker Jeremy L Baker 280 Smith Road Shippensburg, Pa 17257 DATE OF NOTICE: ~ THIS NOTICE 1S SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire Attorney for Plaintiff 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 Attorneys for Plaintiff Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 200 l-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1, 2001 Without Recourse PLAINTIFF, Amy K. Baker Jeremy L. Baker DEFENDANTS. IN THE COURT OF COMlVlON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 02-3420 CIVIL ACTION 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 defendants is/am 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 Jeremy L. Baker and Amy K. Baker are over 18 years of age and reside at 280 Smith Road, Shippensburg, Pa 17257. This statement is made subject to the penalties of 18 ~a. C.S. Secti°n~g)?~4 relatin7 un sworn falsification to authorities. ~~~~ ~ Ric.~rr~l M. Sfi~' , q iref- Ul' &ftorney for Plat~ Richard M. Squire, Esquire I.D. No. 04267 One {e~kintown Statioo. suite 104 115 West Avmue {e~kintovm, Pa 19046 Tei~-phoue: 2 ! F~: 215-886-8791 B~ T~t Comply of ~qu~t MoCgage T~stee Securities, Inc., Series 2001-A, Asset Backed Certificates, Under the pooling and Servicing Agreement dated as of November 1, 2001 without Recourse PLAINTIFF, Fo Amy K. Baker ]eremy L. Baker DEFENDANTS- iNO. 02-3420 i CIVIL ACTION iMORTGAGE FORECLOSURE Dated PRAECIPE FOR WRIT OF ExECUTION (Mortgage Foreclosure) To the Prothonotary:. Issue Writ of Execution in the above matter. Amount Due Interest From 1/20/03 to 06/11/03 ~ $35.30 per diem * plus fees and costs $129,365.43 $134,378.03 ~ ~ des~d as B~~G a~ ~ ~sb~ iron pin on the rtgh~'°~-~aF as sho~ on ~ herei~er Sou~e~ aide o~ a sO ~t ~de .~i~e ~ of ~ 8OU~e~ sld -f Said 50 1/ne ~0 ' ~ ~t l~e ~~ ~- .. ~ ~o =~ -- . ~-of-~v - .- also ~tng ~- sos. 12 ~ ~ - ~ ~an Pla; ~h .... -, ~ou~ 45 d~ .... . feet to ~ ~ Pin; ~ee b~ ~e ~ W~a~ 249.39 146.46 feet to ~ iron pin; ~ce P~ler, S~ 8 d~ees 15 ~u~es O0 seoo~ ~st 389.69 feet ~ the ~vi~n9 l~e bet~ ~ts Nos. 11 ~d 12 ~ said Pi~, No~ 76 d~ees Z4 miates 03'Secon~ ~as~, 442.~5 fee~ ~o ~e E. ~ Co~e L. Grtffte ~d ~ de~ees 25 ~nutes 30 B~i~. secou~ West 23B. 79 feet to ~ ir~ p~, ~e Plaoe of Being ~t ~. ~2 ~ a ~vision ~1~ for D~ ~t~ H~s, reco~ ~ the Office of ~he ReCorder of ~eds for ~r~ Co~ty in Vl~ ~ok 62, ~e ~0. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-3420 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKERS TRUST COMPANy OF CALIFORNIA, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., SERIES 2001-A, ASSET BACKED CERTIFICATES, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2001 WITHOUT RECOURSE, Plaintiff (s) From AMY K. BAKER AND JEREMy L. BAKER, 280 SMITH ROAD, SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $129,365.43 L.L. $.50 Interest FROM 1/20/03 TO 6/11/03 ~ $35.30 PER DIEM - $5,012.60 Atty's Corem % Due Prothy $1.00 Atty Paid $128.59 Other Costs Plaintiff Paid Date: MARCH 11, 2003 (Seal) 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 CURTIS R. LONG Prothonotary Deputy ~~mo~Y of California, ~ C~MBEKL~ Sec~,~o, ~ ' under the pooling Backed C~ificates, ~ NO. 02-3420 ~a Se~icing ~me~ent a tea ot No~b~ 1, 2~1 without Recourse ~ cWIL ~cTION pLA~TIFF, ~ MORTGAGE FORECLOSURE ~ K. B~er l~Y L. B~ DEFENDANTS' T TO U 3129.1' pU~~~ge Securities, ~c., ~es ~e of ~enquest. ;LZ >e~ent dated a~ Cum ~Y ~e ruu----~ · ein au~ .... . B~s Trusk ~-~d c~ificaeS, U~y.__.:~ in the above action, ~_. g(~ fogowmS z~t-~, -~, xx~ithout Kecou , _ ,~t afExecauot~ . ou;.~ansburg, r~ - ' - fo~h ~ oI ut~ ~'- _ , nro~e~ tocatcu ~' ~ sets t, _~;,o ~e rem p info~ation 1. N~e ~d l~t ~own address of OwnS(s) or Reputed owner(s): 280 Smith Road ~7 K. B~ Shippensburg, PA 17257 280 Smi~ Road l~7 L. B~er Shippensburg, PA 1725~ 2. N~e and last ~o~ ad&ess of Defend~t(s) in the jud~ent: 280 Smi~ Road ~ K. B~er Shippensburg, PA 17257 280 Smith Road I~Y L. B~er Shippensburg, PA 17257 ~nt is a 3. N~e ~d last ~own address of eveU jud~ent creditor whos record lien on the real propegy to be sold: Name and address of last recorded holder of every mortgage of record: Name and address of every other person who has any record lien on the property: Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Domestic Relations Cumberland County 13 North Hanover Street Carlisle, PA 17013 o Commonwealth of PA Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 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 280 Smith Road Shippensburg, PA 17257 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 unswom falsi~cati./..to authorities.// Ric~ardy. S qu~g~&~zociates,/~ C /// 115 West Avenue, Suite 104// Jenkintown, PA 19046 Attorneys for Plaintiff Date: March 6, 2003 Richard M. Squire & Associates, LLC By: R/chard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Bankers Trust Company of California, as Trustee of Amer/quest Mortgage Scour/ties,/nc., Series 2001-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1, 2001 Without Recourse PLAINTIFF, Mo Amy K. Baker Jeremy L. Baker DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3420 CIVIL ACTION MORTGAGEFORECLOSURE 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: () () () (x) An FHA Mortgage Non-owner occupied Vacant Act 91 Procedures have been fulfilled This certification is made subject to the unswom falsification to author/ties. 'Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 I ! 5 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2001-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1, 2001 Without Recourse PLAINTIFF, Amy K. Baker Jeremy L. Baker DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3420 CIVIL ACTION MORTGAGE FORECLOSURE Date: March 6, 2003 To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Jeremy L. Baker and Amy K. Baker PROPERTY: 280 Smith Road Shippensburg, Pa 17257 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale on June 11, 2003 at 10:00 am in the Commissioners Meeting Room, 2na Floor, Cumberland County 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. llichard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 I 15 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2001-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1,2001 Without Recourse PLAINTIFF, Vo Amy K. Baker Jeremy L. Baker DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3420 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Amy K Baker 280 Smith Road Shippensburg, Pa 17257 Your house (real estate) at 280 Smith Road, Shippensburg, Pa 17257 is scheduled to be sold at Sheriffs Sale on June 11, 2003 at 10:00 am in the Commissioners Meeting Room, 2nd Floor Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of$129,365.43 plus interest to the sale date obtained by Bankers Trust Company of California, as Trustee of Amefiquest Mortgage Securities, Inc., Series 2001-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1,2001 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: The sale will be canceled if you pay back to Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 200 l-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1, 2001 Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attomeys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire at (215) 886-8790. 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 fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Office at 717-240-6100. 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. o The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6195. o If the amount due from the buyer is not paid to the Sheriff, you will, remain the owner of the property as if the sale never happened. You have a right to 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. 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. o 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 71%249-3166 and 800-990-9108 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One lenkintown Station, Suite 104 115 West Avenue lenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-879 l ~ for Plaintiff Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2001-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1, 2001 Without Recourse PLAINTIFF, Amy K. Baker Jeremy L. Baker DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3420 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeremy L Baker 280 Smith Road Shippensburg, Pa 17257 Your house (real estate) at 280 Smith Road, Shippensburg, Pa 17257 is scheduled to be sold at Sheriffs Sale on June 11, 2003 at 10:00 am in the Commissioners Meeting Room, 2na Floor Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of$129,365.43 plus interest to the sale date obtained by Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2001-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1, 2001 Without Recourse against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS S¥1ERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 200 l-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1, 2001 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. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Office at 717-240-6100. 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. o 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. 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. o 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. o 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. 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 AFFDAVIT OF SERVICE Plaintiff- Bankers Trust Company of California Defendants - Amy K. Baker and Jeremy L. Baker Serve at- 280 Smith Road, Shippensburg, PA 17257 County- Cumberland Type of Action- Notice of Sale Complete Service by - ASAP Sale Date - June 11, 2003 Please Serve Defendants County No.02-3420 SERVED Served and made known to /~} ~ ~ ~ ~ ~ defendant, on the ~__~_day of Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. --Adult family member with whom Defendant(s) reside(s). Relationship is --Adult in charge of Defendant(s) residence who refused to give name or relationship. --Manger/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: tllll~tion: Age H~ll~ht,.~"7~ ill~t 120 ~ .~ Se~ ~ ~r I, IA} o. n4n,~ 2L~n,tn,~ a competent adult, being duly sworn according to law, depose and state that I pers~{]tally l~nd~d a true and correct copy of the Notice of Sale in the manner us set forth herein, issued in the captioned case on the date and at the address indicated above. Robed D. Stauffer, Jr.,Notary Public NOT SERVED Penn Hills Twp., Allegheny County I~t ~C~n.m:Lq*~"~:xl~, Oct-c31,2(X)5 200 at ~enns¢~ ..... ~ ~,~'~ ~ ...... because: Moved Unknown ~d subscribed before me this ~ day of__, 200__ o'clock No Answer m., Defendant NOT FOIYND Vacant Other Notary: Attorney for Plantiff Richard M. Squire, Esquire - I.D. No. 04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 AFFDAVIT OF SERVICE Plaintiff- Bankers Trust Company of California Defendants - Amy IL Baker and Jeremy L. Baker Serve at - 280 Smith Road, Shippensburg, PA 17257 County- Cumberland Type of Action - Notice of Sale Complete Service by - ASAP Sale Date - June 11, 2003 Please Serve Defendants County No.02-3420 SERVED Served and made known to a.gL~ JO ~ ~ k 200_~at ~ o'clocl~m., at Commonwealth of Pennsylvania, in the manner described below: defendant, on the ~_ -~.~_~day of Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s) residence who refused to give name or relationship. Manger/Clerk of place of lodging in which Defendant(s) reside(s). ~Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Heig~l~/7 n~ ~l[Iat ) ~ o ~1~_~ ~]~z Othe~ I, ~ ~.~.~-~a competent adult, being duly sworn according to law, depose and state that I per~nally'~nded a true and correct copy of the Notice of Sale in the manner us set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed betbre Me this'~ { day offl?,l/ 200___~ ~ Roben D. Stauffer, Jr.,Notary Pubtic I (// Penn Hills Twp., Allegheny County I MyCommis,s~'~ F__x~r~Oct 3~, 2O05 t Member, Pennsytvar~l~]~atior~ Of ~'~f NOT SERVED ., 200 at __ o'clock__ Moved Unknown ~ No Answer m., Defendant NOT FOUND Vacant Other Sworn to and subscribed before me this __ day of ,200__ Notary: Attorney for Plantiff Richard M. Squire, Esquire - I.D. No. 04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Bankers Trust Company of California, as Trustee of Ameriquest Mortgage Securities, Inc., Series 2001-A, Asset Backed Certificates, Under the Pooling and Servicing Agreement dated as of November 1, 2001 Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3420 CIVIL ACTION Vo Amy K. Baker MORTGAGE FORECLOSURE Jeremy L. Baker DEFENDANTS. FINAL AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Richard M. Squire, Esquire, hereby verifies that: A copy of the Notice of Sheriffs Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for Writ of Execution on the date(s) appearing on the attached Certificates of Mailing. A Notice of Sheriff's Sale was sent to the Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". o If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit All Notices were served within the time limits set forth by Pa Rule C.P. 3 il 29. Dated: May 15, 2003 This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. RICED M. SQ~IRE~ ASSOCIATES ~'Richa dr M. Sq/ui;e, Esquire Attorney for Plaintiff m AFFDAVIT OF SERVICE Plaintiff- Bankers Trust Company of Califo~Tfia Defendants - Amy K. Baker and Jeremy L. Baker Serve at - 280 Smith Road, Shippensburg, PA 17257 County- Cumberland Type of Action- Notice of Sale Complete Service by - ASAP Sale Date - June 11, 2003 Please Serve Defendants County No.02-3420 SERVED Served and made known to ~} ~..~ 1~_ ~ ~ ~' g defendant, on the ~,.I~. },~'~ day of ~ ~ I ~ 200~__ at ~o'n~O o'clo~ m., at ~ l'4 I~ S~ Commonwealth of Pennsylvania, in the manner described below: ~ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s) residence who refused to give name or relationship. Manger/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: ~tion: Age H~ht~"'?~ ~t 130 ~ .~ S~ ~ ~r I, ~ ~ _2L~~ a competent adult, being duly sworn according to law, depose and state that I pers~ally handed a true and correct copy of the Notice of Sale in the manner us set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before Me this 7~[ day of _,~t-~[ 200,.~ Robe~ O. Slauffer, Jr.,Notanj Pubr~c Peru .~s'rwp. ,q~t comty because: Moved Unknown ~' and subscribed before me this __ day of__., 200__ NOT SERVED ,200 at __ o'clock No Answer rra, Defendant NOT FOUND Vacant Other Attorney for Plantiff Richard M. Squire, Esquire - I.D. No. 04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 AFFDAVIT OF SERVICE Plaintiff- Bankers Trust Company of California Defendants - Amy K. Baker and Jeremy L. Baker Serve at - 280 Smith Road, Shippensburg, PA 17257 County- Cumberland Type of Action - Notice of Sale Complete Service by - ASAP Sale Date - June 11, 2003 Please Serve Defendants County No.02-3420 SERVED Served and made known to ~' ? ~ ~ ~'~ ~ ~'~ defendant, on the ~] ~7'day of ~Pg~k 200__~at~o'cloc~m.,at ,~ ~.~/-O['T'~t g~) ~(.~ Commonwealth of Pennsylvania, in the manner described below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s) residence who refused to give name or relationship. Manger/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: ~.,,,~.~...'~ption~ Heig~l~/?t~ ~t } ~O ~ ~q] ~j~ Oth~' I, i~~ ~a competent adult, being duly sworn according to law, depose and state that I per~onally'h~-mde~l a true and correct copy of the Notice of Sale in the manner us set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before Me this '7~1 day of]~)~v / i /// // ~D.~Eor, Jn,~Pu~ I // // '~T ~, ~a~o~ ~ ~ ,200 at m.., Defendant NOT FOUND ~se: Moved Unknown Sworn to and subscribed before me this __ day of ,200__ No Answer Vacant Other Notary: Attorney for Plantiff Richard M. Squire, Esquire - I.D. No. 04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 Bankers Trust Company of California In The Court of Common Pleas of As Trustee of Ameriquest Mortgage Cumberland County, Pennsylvania Securities, Inc., Series 2001-A, Asset Writ No. 2002-3420 Civil Term Backed Certificates, Under the Pooling And Servicing Agreement dated as of November 1, 2001, without recourse VS Amy K. Baker and Jeremy L. Baker Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2003 at 11:30 o'clock AM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Amy K. Baker, by making known unto Amy K. Baker, personally, at 280 Smith Rd., Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2003 at 11:30 o'clock AM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeremy L. Baker, by making known unto Amy K. Baker, wife of defendant, at 280 Smith Road, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Brian Bardck, Deputy Sheriff, who being duly sworn according to law, states that on April 10, 2003 at 10:00 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Amy K. Baker and Jeremy L. Baker located at 280 Smith Road, Shippensburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Amy K. Baker, by regular mail to her last known address of 280 Smith Road, Shippensburg, PA 17257. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Jeremy L. Baker, by regular mail to his last known address of 280 Smith Road, Shippensburg, PA 17257. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriffs Office. Swom and Subscribed to Before Me ~r~ ~"'~~-~ This 2003, A.D. Day of Prothonotary R. Thomas Kline, Sheriff Real Estate{0eputy Bankers Trust Company of California As Trustee of A_medquest Mortgage Sucurities, Inc. et al VS Amy K. Baker and Jeremy L. Baker In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-3420 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Richard M. Squire. Sheriff's Costs: Docketing 30.00 Poundage 14.38 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 16.56 Certified Mail Levy 15.00 Posting Handbills 15.00 Advertising 15.00 Law Journal 307.25 Patriot News 263.20 Share of Bills 25.24 $ 733.13 paid by attorney 6/11/03 Sworn and subscribed to before me So Answers; ~-), ! ' R. Thomas Kline, Sheriff 2oo3,^.D. Prothonotary Real Est~tte Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 687, 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 Asst. 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 cimulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice er 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 ............................. .~j~ .~. ~ ....... ~ ................................. COPY sworn to and sub~bed ~efore r~-tgis'--t'4~day of.J~ay 29e~'9~.D. MyCornmissionE;piresJune6,2006 I NOTARY PUBLIC Member. Pennsylvania Assodation Of Nota~l~ commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 261.45 $ 1.75 $ 263.20 Publisher's Receipt for Advertising Cost Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have ~ut~rhwslon Plan~ sald ~ibt also being the Northwest comer of Lot No.6 as shown on a Subdivision Plan recorded in Cumhefl~nd Count~ Plan Book 54, ~ 22; th*nc~ by the dividing line between Lots Nos. 12 and 13 on the hereinafler mentionnd S~Mivisio~ Plan, md dividing line also being p~ of the goudiem side of said 50- foot-wide ~ht-of-way, South 45 degrees 34 minutes 30 seconds West 150 feet to an iron pin; the~ce continuing by die dividing line between Lots Nos. 12 and 13, North 44 degrees 25 minutes 30 seconds West 249.39 feet to an iron pin; thence by the same, South 8I degrees 45 minutes O0 seconds West 146.46 feet to an iron pin; then~ by land now or formerly of Wilhem C. and Joy M. Pooler, South 8 degrees 15 minutes 00 seconds East 389.69 feet to an iron pin; thence by the dividing line between Lots Nos. II and 12 on said Plan, North 76 degrees 14 minutes 03 seconds East, 442.15 feet to an iron pm; thence by land now or formerly of Lee E. and Connie L. Griffie and by land now or formerly of D&S Custom Homes North 14 degrees 25 minutes 30 seconds West 235.79 feet to an iron pin, the place of BEGINNING. BEING Lot No. 12 on a Subdivision Plan for D&S Custom Homes, recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 62. Page 150. ledge receipt of the afore= PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. 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: APRIL 25, MAY 2, 9, 2003 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. R~AL ~STATE 8AL~ NO, 40 Writ No. 2002~3420 Civil Bankers Trust Company of California as Trustee of Ameriquest Mortgage Securities, Inc., Series 2001-A Asset Backed Certificates, Under the pooling and Servicing Agreement dated as of November 1, 2001 without recourse vs. Amy K. Baker and deremy L. Betker Atty.: Richard M. Squire EXHIBIT ALL that certain tract of land situ- ate in Penn Township, Cumberland CounW, pennsylvania, bounded and described as follows: BEGINNING at an eaiaiing iron pin on the Southern side of a 50 foot wide private right-of-way as shown on the hereinafter mentioned Subdivision Plan, said point also be- in4{ the Northwest comer of Lot No. 6 as shown on a Subdivision Plan recorded in Cumberland County Plan Book 54, Page 22; thence by the dividing line between Lots Nos. 12 and 13 on the hereinafter mentioned Subdivision plan, said dividing line also being part of the Southern side of said 50 foot wide right-of-way, South 45 degrees 34 minutes 30 seconds West 150 feet to an iron pin; thence continuing by the divid- ing line between Lots Nos. 12 and 13, North 44 degrees 25 minutes 30 seconds West 249.39 feet to an iron pin; thence by the same, South SWORD SUBSCRIBED before me this 9 .day of MAY, 2003 shoran on ti~e hereLnafter mentioned Subdivision Plan. said point also Lng the Northwest comer of Lot No, 6 as shown on a Subdivision Plan recorded in Cumberland County Plan Book 54, Page 22: thence by the dividing line between Lots Nos. 12 and 13 on the hereinafter mentioned Subdivision Plan, sold dividing line also being part of the Southern side of sold 50 foot wide right-of-way, South 45 degrees 34 minutes 30 seconds West 150 feet to an iron lyre; thence continuing by the divid- ing line between Lots Nos. 12 a_nd 13, North 44 degrees 25 minutes 30 seconds West 249.39 feet to an Iron pin: thence by the same, South 81 degrees 45 minutes 00 seconds West 146.46 feet to an iron pin: thence by land now or formerly, of W'flliam C. and Joy M. Pooler, South 8 degrees 15 minutes 00 seconds East 389.69 feet to an iron pin; thence by the dividing line between Lots Nos. 11 and 12 on said Plan. North 76 degrees 14 minutes 03 seconds East, 442.15 feet to an iron pin: thence by land now or formerly of Lee E. and Connie L. Griffie and by land now or formerly of D&$ Custom Homes North 14 degrees 25 minutes 30 seconds West 235.79 feet to an iron pin, the place of GINNING. Being LOt No. 12 on a Subdivi- sion Plan for D&S Custom Homes, recorded in the Office of the corder of Deeds for Cumberland County in Plan Book 62, Page 150.